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HomeMy WebLinkAboutContinue Certification of Environmental Impact Report No. 25 000 n ��91!,GTo2 H nting ton!Beach CA . ........ Street, oFansrvrra.BF � _ 92648 City of Huntington Beach APPROVED 6-1 �cFcoU ASIAMENDEDNO)BY SUPPLEMENTAL COMMUNICATION File#: 25-623 MEETING DATE: 9/2/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Ricky Ramos, Planning Manager Subject: 2025-54 Certify Environmental Impact Report No. 25-003 by adopting Resolution No. 2C25-24; Approve Findings of Fact with a Statement of Overriding Considerations (Pacific Airshow Huntington Beach); and Approve and authorize the execution of an Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow, LLC, and amend the On-Call Contract with Environmental Science Associates to appropriate $250,000 for the Airshow Environmental Impact Report and ongoing mitigation monitoring Statement of Issue: Transmitted for your consideration is an Environmental Impact Report which analyzes the potential environmental impacts associated with the continuation of the Pacific Airshow Huntington Beach pursuant to the California Environmental Quality Act (CEQA). Additionally, the City Council is asked to approve an Airshow Event Agreement, between the City of Huntington Beach and Pacific Airshow, LLC, for the terms and price agreed on pursuant to the Settlement Agreement and General Release agreed on by both parties and signed on May 9, 2023. Based on City Council direction at the December 20, 2022 meeting, the City has developed an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA). The City Council is asked to provide authority to the City Manager and City Attorney to amend on-call contract with Environmental Science Associates to appropriate $250,000 of one-time Waterfront Settlement funds (business unit 10040101.69300) for the Airshow Environment Impact Report and ongoing mitigation monitoring. This appropriation will bring the on-call contract total to $1,100,000. Financial Impact: The settlement agreement, signed on May 9, 2023, outlines the terms of the Airshow Event Agreement with Pacific Airshow, LLC. City of Huntington Beach Page 1 of 11 Printed on 8/28/2025 powered by LegistarTT" 151 File#: 25-623 MEETING DATE:'9/2/2025 ....-.. The settlement agreement indicated the City would enter into a long-term contract with Pacific Airshow for the exclusive operation of an Airshow in Huntington Beach. The settlement agreement - considers a ten year contract with 4, ten year renewals. During contract negotiations, the City and Pacific Airshow, LLC agreed on a lesser contract term of 10 years, with 3, five year renewals not to exceed an overall contract term of 25 years. The settlement agreement allocated 3,500 City parking spaces, at no cost to Pacific Airshow, for the exclusive use of Pacific Airshow during event dates. The Airshow Event Agreement reduces Pacific Airshow's parking allocation to approximately 3,000 parking spaces, providing use of other parking spaces for general public use. Beginning in 2030, the City will recover$10 per parking space and $100 per RV camping space sold by Pacific Airshow during event dates. The $10 per space retained by the City shall be automatically increased by the Consumer Price Index (CPI) each year starting in 2031. At the December 20, 2022, City Council meeting, Council directed City Attorney's Office to conduct an Environmental Impact Report for the Pacific Airshow. The EIR was completed as part of the $850,000 on-call contract with ESA. City Council is asked to appropriate an additional $250,000 from one-time Waterfront Settlement funds to the ESA contract for the completion of the EIR and for ongoing mitigation monitoring. City departmental budgets will absorb staffing costs related to the Airshow in the amount of approximately $300,000 annually. Recommended Action: A) Certify Environmental Impact Report No. 25-003 as adequate and complete in accordance with CEQA requirements and adopt Resolution No. 2025-54, "A Resolution of the City Council of the City of Huntington Beach Certifying the Environmental Impact Report (SCH#2024020006) for the Pacific Airshow Huntington Beach Project" (Attachment No. 1); and B) Approve CEQA Findings of Fact with a Statement of Overriding Considerations (Attachment No. 2); and C) Approve and authorize the Mayor and City Clerk to execute the "Airshow Event Agreement Between the City of Huntington Beach and Pacific Airshow, LLC" for the management and operation of the Pacific Airshow. D) Provide authority to the City Manager and City Attorney to amend On-Call Contract for ESA to appropriate an additional $250,000 for the Airshow Environment Impact Report and ongoing mitigation monitoring, bringing the on-call contract total to $1,100,000. Alternative Action(s): The City Council may make the following alternative motion(s): 1. Do not certify Environmental Impact Report No. 25-003 as adequate and complete in accordance with CEQA requirements and do not approve the CEQA Findings of Fact with a Statement of Overriding Considerations. 2. Continue Environmental Impact Report No. 25-003 and direct staff accordingly. City of Huntington Beach Page 2 of 11 Printed on 8/28/2025 powered by Legistarn" 152 File#: 25-623 MEETING DATE: 9/2/2025 3. Do not approve the agreement with Pacific Airshow, LLC, and consider approving terms for the 2025 Pacific Airshow Specific Event permit or direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: Pacific Airshow, LLC, 5252 Bolsa Avenue, Huntington Beach, CA 92649 Environmental Impact Report No. 25-003 to analyze the potential environmental impacts associated with the Pacific Airshow Huntington Beach. As described in the Project Description of the EIR, the Pacific Airshow would provide a spectacle- scale airshow in Huntington Beach that attracts attendees throughout the Southern California area (and perhaps beyond). The proposed project would feature civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene (ABS) foundation (stadium flooring) or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and aerial competitions and drone shows, displays of other emerging aviation/mobility technology, and visitor-serving entertainment, services, and amenities (e.g., variety of viewing areas, vehicle and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music entertainment, wave pool surf competitions, skateboard and bicycle motocross (BMX) bowl competitions, sandcastle building competitions, art installations, and - pyrotechnic shows). Future Airshows are anticipated to be held annually for three (3) days to up to five (5) days, generally Friday through Sunday or up to Wednesday through Sunday, with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. Further details of the proposed airshow activities evaluated by EIR No. 25-003, including a description of the Show Center Area and Airshow Performance Area locations, is provided in Chapter 2 - Project Description of the EIR (https://www.huntingtonbeachca.gov/business_detail T9_R677.php). B. ANALYSIS: EIR Overview The EIR provides a detailed analysis of potential impacts associated with the Pacific Airshow. It is intended to serve as an informational document for decision makers and identifies significant or potentially significant environmental effects, as well as ways in which those effects can be reduced to less than significant levels, whether through the proposed project (as described in the EIR) or implementation of mitigation measures (MMs). In a practical sense, EIRs function as a technique for fact-finding, allowing the operator, the City and the public an opportunity to.. collectivelyreview and evaluate baseline conditions and project impacts through a process of full. disclosure. The Draft EIR was available to the public, public agencies, and City Council for review for a 45- day public comment period starting February 20, 2025. The Final EIR, including the Response to City of Huntington Beach Page 3 of 11 Printed on 8/28/2025 powered by Legistarmi 153 File#: 25-623 .. .... . .._. ._................. - MEETING DATE: /2/2025 Comments and all text changes resulting from the public comment period was posted on the City's website prior to the public hearing on the EIR. The required CEQA procedure that was followed is outlined below: February 1, 2024 - Notice of Preparation was filed with the State Clearinghouse and available for •. public review and comment for 30 days. February 21-22, 2024 - Public Scoping Meetings were held to solicit comments related to the issue areas to be studied in the EIR. February 20, 2025 - April 7, 2025 - Notice of Completion was filed with the State Clearinghouse and Draft ElR was available for public review and comment for 45 days. The Draft EIR discusses potential adverse impacts in the areas described below. The direct, indirect and cumulative impacts of the project are addressed, as are the impacts of project alternatives. As required by CEQA, the Final EIR, which includes the Draft EIR and Appendices, comments received on the Draft EIR, responses to all comments received on the Draft EIR, and text changes to the Draft EIR, was distributed to all agencies that commented on the Draft EIR on August 8, 2025, ten days prior to certification of the EIR by the City Council. Scope of EIR Analysis During the Initial Study the following topics pursuant to CEQA guidelines were determined to have a less than significant impact or no potentially significant impact and were scoped out: Aesthetics, Agriculture and Forestry Resources, Cultural Resources, Energy, Geology/Soils, Greenhouse Gas Emissions, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Population/Housing, Public Services, Recreation, Utilities/Service Systems, and Wildfire. Project Impacts The Draft EIR studied the following topics and concluded that project implementation would result in no impact, less than significant impacts, or potentially significant impacts that could be reduced to a less than significant level with incorporation of mitigation measures: • Biological Resources • Hazards and Hazardous Materials (with mitigation) • Transportation • Tribal Cultural Resources The EIR determined that project implementation would result in significant and unavoidable impacts in the following areas: • Air Quality • Hazards and Hazardous Materials (Emergency Response/Evacuation) • Noise Mitigation Measures City of Huntington Beach Page 4 of 11 Printed on 8/28/2025 powered by LegistariM 154 - File#: 25-623 MEETING DATE: 9/2/2025 To mitigate impacts the following mitigation measures have been incorporated into the EIR: Hazards and Hazardous Materials HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit (WHSV) prior to the start of the annual Airshow (beginning in 2024) following the protocol developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans (Federal Aviation Administration, Advisory Circular 150/5200-38, August 2018 to evaluate potential risk of wildlife strikes at airports, specifically for the proposed temporary aircraft landing pad on the beach during all future Airshow events. The WHSV shall include field observations conducted over one day at dawn, noon, and dusk from a variety of pre-determined locations to ensure complete visual coverage of the location of the. temporary runway and immediate surroundings. All signs of birds, mammals, habitat attractants, and wildlife/habitat relationship observations shall be recorded. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife species or signs observed during the surveys, federal and state status of the species observed, habitat features that may encourage wildlife, natural and artificial wildlife attractants, strike data analysis, and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. HAZ-2: A qualified biological monitor will be on-site during event performances for the duration of the event (3-5 days) to document bird activity during aircraft flyovers and take-off and landing_ within the Show Center Area. Biological monitoring will also inform recommendations to reduce wildlife hazards. Based on monitoring observations, recommendations may include the following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment (e.g., lasers) to disperse birds. Noise NOI-1: The applicant shall implement the following measures for the duration of the event: • The nearest speaker shall be placed at least 475 feet away from any nearby sensitive receptor and any subsequent speakers shall be separated from other speakers by 25 feet parallel to Pacific Coast Highway. Speakers shall also be positioned in a manner that would not point directly towards any nearby sensitive receptor and, instead, face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of plywood or using a sound blanket shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area (Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). The temporary noise barriers shall block the line-of -sight between the music festival attendees and similarly elevated ground-level noise- sensitive receptors. Biological Resources As part of the project description, the airshow operator is proposing the following project design: City of Huntington Beach Page 5 of 11 Printed on 8/28/2025 powered by LegistarT^' 155 File#: 25-623 MEETING DATE: 9/2/2025..._.. ......,.. feature to ensure that impacts to nesting birds remain less than significant: • Pre-airshow activities would occur at`least one week beyond the end of the identified nesting season for the California least tern and the western snowy plover and well beyond the end of the identified nesting season for the light-footed Ridgway's rail and general avian species. • Monitoring efforts will be conducted before and during the Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings have and will continue to occur, although the outcome of those briefings cannot be guaranteed. While not a mitigation measure, the project design feature is incorporated into the Mitigation Monitoring and Reporting Program (Attachment No. 1). Significant and Unavoidable Impacts Using mitigation measures and project design features identified in the EIR, potentially adverse impacts associated with the project can be mitigated to a less-than-significant level. However, there are three areas for which significant adverse environmental impacts cannot be eliminated through mitigation measures. The significant adverse environmental impacts are as follows: Air quality Daily mobile sources emissions from additional vehicle trips associated with new activities proposed for the airshow (e.g. - nightly concerts) would exceed the South Coast Air Quality Management District (SCAQMD) thresholds of significance for the following criteria pollutants: volatile organic compounds (VOCs), carbon monoxide (CO), and nitrogen oxides (NOr). While it should be noted that existing mobile source emissions already exceed the SCAQMD thresholds of significance for these pollutants, there are no feasible mitigation measures to reduce the additional emissions from vehicle sources below the significance thresholds. As such, impacts would be significant and unavoidable. However, projected emissions from expanded airshow activities in future years would decline as vehicle technology improves and older vehicles are replaced with newer vehicles that emit fewer pollutants. Hazards and Hazardous Materials Due to the volume of people anticipated on and near the beach during the Airshow, in the event of an emergency, evacuation times would be increased and could affect emergency access. The circumstances resulting in the need to evacuate either the event area or the City will differ based upon the nature and magnitude of the emergency (fire, earthquake, tsunami), the location of the emergency (local or regional), and the timing relative to the event (are people coming in or leaving). The population group that attends the event is difficult to identify, as there is limited formal ticketing (only the reserved grandstands and beach). While many people gather near the beach, attendees also view from rooftops/balconies, restaurants, and other venues throughout the City. The ambiguity around the event population (size and location), combined with the range of potential evacuation events, results in unquantifiable evacuation times. The increased population as a result of the Project, combined with all other population unrelated to the Project, including residents, employees, students, and visitors, would likely all be concurrently subject to evacuation orders in case of an emergency event. Given the wide range of possible emergency conditions, City of Huntington Beach Page 6 of 11 Printed on 8/28/2025 powered by LegistarTM 156 _ .. ... .__.._File#: 25-623 _ ._..... . MEETING DATE: 9/2/2025..._. . difficulty in quantifying the number and location of population added by the Project, the probable increase in evacuation times, and the lack of significance threshold to measure such effects, the Project is conservatively considered to result in significant and unavoidable impacts to emergency access. Noise Implementation of new airshow activities, specifically a multi-day music festival with amplified speakers, would represent a new source of noise and vibration that could result in the generation of a substantial temporary increase in ambient noise and vibration levels in the vicinity of the Project in excess of standards established by the City. Mitigation Measure NOI-1 would be required to be implemented to reduce noise from the event. However, even with implementation of mitigation, noise levels would still exceed significance thresholds. Since it is not feasible to locate speakers further away from noise-sensitive receptors beyond the mean high tide line to further reduce impacts, the impact is determined to be significant and unavoidable. Alternatives The EIR also presents alternatives to the proposed project that could avoid or reduce the severity of impacts described in the topics above as required by CEQA. Three alternatives were evaluated in the EIR and described below: • Alternative 1 (No Project/No Airshow) - This alternative assumes no project which is an alternative that is required under CEQA. • • Alternative 2 (2023 Airshow) - Under this alternative the annual event would take place over 3 days and would not include a music festival, helicopter and aircraft runway/display, skateboard/BMX competition, pyrotechnic shows, sandcastle building competition, and beach camping among others. • Alternative 3 (Reduced Project) - This alternative would include a reduced size of the Airshow with no military aircraft or equivalent noise-producing jets being included in the Airshow. This alternative is aimed at reducing noise as well as evacuation impacts due to decreased number of employees and attendees. The No Project/No Airshow Alternative is considered the environmentally superior alternative. as it would avoid or reduce most of the potential impacts associated with the Airshow. However, it would not meet the objectives of the project. CEQA guidelines require that if the No Project Alternative is determined to be the environmentally superior alternative, an environmentally superior alternative must also be identified among the remaining alternatives. As such, the 2023 Airshow Alternative would result in the fewest environmental impacts as compared to the project and is considered the environmentally superior alternative. However, this alternative would not meet all the project objectives. Statement of Overriding Considerations Environmental impacts associated with project implementation may not always be mitigated to a City of Huntington Beach Page 7 of 11 Printed on 8/28/2025 powered by LegistarTM 157 File#: 25-623 MEETING DATE: 9/2/2025 level considered less than significant. In such cases, a Statement of Overriding Considerations (SOC) must be prepared prior to approval of a project in accordance with CEQA guidelines. CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits of a proposed project outweigh the 9 unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. When the lead agency approves a project which results in the occurrence of significant effects that are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its actions based on the Final EIR and/or other information in the public record. Because implementation of the proposed project would create significant unavoidable impacts as described above in the areas of Air Quality, Hazards and Hazardous Materials, and Noise, a Statement of Overriding Considerations (SOC) is provided in Attachment No. 2, which describes the specific reasons for approving the project. Public Comments on the Draft EIR and Errata Changes During the public review period, the City of Huntington Beach received a total of 16 comment letters on the EIR: four from state agencies, two from local agencies, five from organizations, and five from other interested parties and individuals. The final EIR includes responses to all comments that raised an environmental issue. In response to some comments received, the final EIR includes text changes for the purpose of clarification or correction. The text changes do not change the conclusions of the EIR analysis. All of the comments are adequately addressed in the Response to Comments section of the final EIR. Summary Environmental Impact Report No. 25-003 serves as an informational document with the sole purpose of identifying potential environmental impacts associated with the Pacific Airshow, alternatives that minimize those impacts, and appropriate mitigation measures. The City Council may certify the EIR because it was prepared in accordance with CEQA, is adequate and complete in that it has identified all significant environmental effects of the project, and all significant environmental impacts which can feasibly be mitigated or avoided have been mitigated or avoided. C AIRSHOW EVENT AGREEMENT Analysis: The Pacific Airshow has consisted of a three-day weekend event featuring aerobatic demonstrations. Other activations have included a music concert, a boat race around Catalina Island, and on-sand entertainment. During the 2021 Pacific Airshow, an oil rig and connected pipelines located off the coast had a City of Huntington Beach Page 8 of 11 Printed on 8/28/2025 powered by Legistarm! 158 File #: 25-623_..._._.-- MEETING DATE:9/2/2025' breach, spilling oil into the Pacific Ocean. Pacific Airshow, LLC filed a lawsuit against the City in a civil action in Orange County Superior Court. On May 9, 2023, the City and Pacific Airshow, LLC, entered into a Settlement Agreement and General Release Agreement (see Attachment 2) providing terms and conditions settling the lawsuit. This settlement also included a requirement for the City to conduct and complete an Environmental Impact Report of the Airshow events and to enter into a separate Airshow Agreement providing exclusive right to conduct and operate the Air Show Event. The City Council directed the City Attorney to conduct an environmental review on the Pacific Airshow event. The Environmental Impact Report is on tonight's agenda for City Council consideration. Based on the settlement agreement signed on May 9, 2023, the City has agreed to terms with the Pacific Airshow for a multi-year Airshow Event Agreement. Contract Term & Fees Below is a summary of terms and fees of the proposed agreement: CONTRACT DETAILS Term 10 year term with 3, five year renewals, not to exceed 25 1 years Parking Spaces Reduced from 3,500 to approximately 3,000 Restoration Fees To be completed annually by Pacific Airshow Permit Costs No charge to Pacific Airshow Personnel Costs To be paid by City Environmental Impact Report EIR and ongoing mitigation monitoring paid by City. CEQA amendments due to change in scope paid by Pacific Airshow Additional Terms Pending resolution of current litigation, both parties may be required to renegotiate terms 2025-2030 After 2030 Parking Revenue Pacific Airshow collects City will retain $10 per space parking revenue from City Lots sold by Pacific Airshow. In 2031, price retained by City will increase by CPI annually RV Camping Revenue Pacific Airshow collects City will retain $100 per parking revenue from City camping space sold by Pacific camping spaces Airshow. In 2031, price retained by City will increase by CPI annually Summary of Contract Details Below is a summary of the conditions of the proposed agreement: Pacific Airshow Obligations: City of Huntington Page n Beach Pa 9 of 11 Printed on 8/28/2025 powered by LegistarT"^ 159 File#: 25-623 MEETING-DATE: 9/2/2025 • Obtain annual Specific Event Permit from the City in advance and secure all necessary federal, state, and local permits (FAA, Coastal Commission, Alcohol Beverage Control, etc.) as well as all applicable rules and regulations established by the City or prior. agreements between the City and third parties. • Restore event area after each show at the expense of Pacific Airshow. • Comply with all applicable laws and City rules for the duration of the agreement. • Require liability waivers from all event participants in a City-approved form. • Provide all operational resources including equipment, supplies, volunteers, staff, event setup, teardown, and technical needs. • Use local suppliers where reasonably possible and legally permissible. • Maintain required insurance coverage ($10M per occurrence / $10M aggregate general liability) naming City as additional insured. City Obligations: • Grant Pacific Airshow exclusive event rights for an annual airshow in Huntington Beach, disallowing competing airshow or aerial performance events during the term of the Agreement. • Work with Pacific Airshow on event dates, ensuring the event does not occur between March 15-Sept 15 to protect Bolsa Chica nesting season. • Provide Pacific Airshow exclusive use and monetization rights for City parking. • Waive City fees and costs for all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, pollution prevention fees, etc). • Assist Pacific Airshow in mitigating third-party costs by providing City resources for public safety, public works, and operational needs when possible. • Indemnify Pacific Airshow for CEQA challenges caused or undertaken by the City. Strategic Plan Goal: Goal 1 - Economic Development, Strategy A- Develop an updated economic development strategy to ensure business retention, local investments and job growth. Attachment(s): 1. Resolution No. 2025-54, "A Resolution of the City Council of the City of Huntington Beach Certifying the Environmental Impact Report (SCH#2024020006) for the Pacific Airshow. Huntington Beach Project" 2.CEQA Findings of Fact with Statement of Overriding Considerations 3.PowerPoint Presentation 4.Final EIR No. 25-003 (includes Draft EIR, Appendices, Response to Comments, and Text Changes) - 5.Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow LLC City of Huntington Beach Page 10 of 11 Printed on 8/28/2025 powered by LegistarTM. 160 File#: 25-623 MEETING DATE: 9/2/2025 6.Settlement Agreement and General Release between the City of Huntington Beach and Pacific Airshow LLC City of Huntington Beach Page 11 of 11 Printed on 8/28/2025 powered by Legistar*T 161 City Council/Public Financing ACTION AGENDA September 2,2025 Authority 13. 25-669 Approved the Annual Report and Budget for the Huntington Beach Downtown Business Improvement District(District) for Fiscal Year 2025-2026 and adopted Resolution No. 2025-51 to continue collecting an annual fee from businesses in the District, with a public hearing scheduled for October 7, 2025 Recommended Action: A) Approve the Huntington Beach Downtown Business Improvement District Annual Report and Budget for FY 2025-2026; and B) Adopt Resolution No. 2025-51, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment For Fiscal Year 2025-2026 within the Huntington Beach Downtown Business Improvement District" and schedule a public hearing for October 7, 2025, to consider continuation of the District. Approved 7-0 Police 14. 25-636 Approved to Implement Aerial Flashbangs and Inert Blast Balls for Critical Incident Response Recommended Action: Approve the implementation of aerial flashbangs and inert blast balls as authorized non-lethal tools for use by the Huntington Beach Police Department during critical incident response. Approved 7-0 PUBLIC HEARING 15. 25-623 Certified Environmental Impact Report No. 25-003 by adopting Resolution No. 2025-24;Approve Findings of Fact with a Statement of Overriding Considerations (Pacific Airshow Huntington Beach); and Approved and authorized the execution of an Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow, LLC, and amend the On-Call Contract with Environmental Science Associates to appropriate $250,000 for the Airshow Environmental Impact Report and ongoing mitigation monitoring Recommended Action: A) Certify Environmental Impact Report No. 25-003 as adequate and complete in accordance with CEQA requirements and adopt Resolution No. 2025-54, "A Resolution of the City Council of the City of Huntington Beach Certifying the Environmental Impact Report (SCH#2024020006) for the Pacific Airshow Huntington Beach Project" (Attachment No. 1); and Page 6 of 9 City Council/Public Financing ACTION AGENDA September 2,2025 Authority B) Approve CEQA Findings of Fact with a Statement of Overriding Considerations (Attachment No. 2); and C) Approve and authorize the Mayor and City Clerk to execute the "Airshow Event Agreement Between the City of Huntington Beach and Pacific Airshow, LLC" for the management and operation of the Pacific Airshow. D) Provide authority to the City Manager and City Attorney to amend On-Call Contract for ESA to appropriate an additional $250,000 for the Airshow Environment Impact Report and ongoing mitigation monitoring, bringing the on-call contract total to $1,100,000. Continued from the August 19, 2025 City Council meeting Supplemental Communications (6) Speakers (10) Approved 6-1 (Williams - No), as amended by supplemental communication. 16. 25-664 Appeal of the Planning Commission's approval of Conditional Use Permit Nos. 25-007 and 25-014 (Huntington Beach Sports Complex) Recommended Action: A) Find Conditional Use Permit Nos. 25-007 and 25-014 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301, Class 1. B) Approve Conditional Use Permit No. 25-007 with suggested findings and conditions of approval (Attachment No. 1). C) Approve Conditional Use Permit No. 25-014 with suggested findings and conditions of approval (Attachment No. 2). Ex parte disclosures: Twining, McKeon, and Van Der Mark reported speaking with the project applicant. Supplemental Communications (6) Speakers (17) Approved 5-2 (Gruel, Williams— No) At 11:09 PM, the City Council reached consensus to continue doing business after the hour of 11:00 PM. 17. 25-687 Discussion and Direction to the City Clerk and the City Attorney Regarding Voter Identification and Requirements Recommended Action: A) Direct the City Manager to work with the City Clerk and City Attorney to return with cost estimate to retain an elections consultant to assist the City in developing a process to implement the measures approved by the voters in Resolution No. 2024-12 for the 2026 Huntington Beach Municipal Election; and, Page 7 of 9 ,oco?!"G ti CITY OF HUNTINGTON BEACH=,GF��UNTY GP�\�//�� To: Honorable Mayor and City Council CC: Travis Hopkins, City Manager Lisa Lane Barnes, City Clerk From: Jennifer Villasenor, Director of Community Development Date: September 2, 2025 Subject: Item No. 15 September 2, 2025 City Council Agenda— Environmental Impact Report No. 25-003 (Pacific Airshow) For your review and consideration, staff has attached three documents as Late Communications to Item No. 15 on the September 2, 2025 agenda. Revised Resolution No. 2025-54 (Attachment No. 1 to the RCA) Resolution No. 2025-54 certifying EIR No. 25-003 has been updated to incorporate today's City Council meeting date. Additional minor clarifying edits were made to Sections 7 and 8 of the resolution. No other changes to the resolution were made. Revised CEQA Findings of Fact and Statement of Overriding Considerations (Attachment No. 2 to the RCA) The final paragraph on the last page (page 32) of the CEQA Findings of Fact and Statement of Overriding Considerations has been revised to add the following additional finding statement: "Additionally, the City of Huntington Beach finds that each of the listed Project benefits described above provides a separate and independent ground for its decision to adopt this Statement of Overriding Considerations and approve the Project." No other changes to the document were made. Response to California State Lands Commission 8/22/25 Letter Finally, the City received a letter from the State Lands Commission on August 22, 2025, regarding the Final EIR. A response to this letter is attached. SUPPLEMENTAL COMMUNICATION Mfg Dater Agenda Office: (714)536—5271 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov RESOLUTION NO. 2025-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING THE ENVIRONMENTAL IMPACT REPORT(SCH#2024020006) FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT WHEREAS, Environmental Impact Report No. 25-003, State Clearinghouse #2024020006 ("EIR") was prepared by the City of Huntington Beach ("City") to address the environmental implications of the proposed Pacific Airshow Huntington Beach Project (the "Project"); and • On February 1, 2024 a Notice of Preparation for the Project was distributed to the State Clearinghouse, other.responsible agencies, trustee agencies and interested parties; and • After obtaining comments received in response to the Notice of Preparation, the City completed preparation of the Draft EIR and filed a Notice of Completion with the State Clearinghouse on February 20,2025; and • The Draft EIR was circulated for public review and comment from February 20, 2025 to April 7, 2025 and was available for review at several locations including Community Development Department, Central Library, and the City's website; and • On September 2,2025 the City Council held a public meeting on the EIR and certified the EIR as adequate and complete; and WHEREAS,public comments have been received on the Draft EIR, and responses to those • comments have been prepared and provided to the City Council; and WHEREAS,Public Resources Code 21092.5(a)requires that the City of Huntington Beach provide a written response to any public agency than commented on the Environmental Impact Report, and the Response to Comments included in the Final-Environmental Impact Report satisfies this provision; and WHEREAS,the City Council held a public meeting on the EIR On September 2,2025 and received and considered public testimony. NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. Consistent with CEQA Guidelines Section 15132, the Final EIR for the Project is comprised of the Draft EIR and Appendices, the comments received on the Draft EIR, the Responses to Comments (including a list of persons, organizations, and public agencies commenting on the Draft EIR), the Text Changes to the Draft EIR (bound together with the Responses to Comments) and all Community Development Department Staff Reports to the City Council, including all minutes, transcripts, attachments and references. All of the above RESOLUTION NO. 2025-54 information has been and will be on file with the City of Huntington Beach Department of Community Development,2000 Main Street, Huntington Beach, California 92648. SECTION 2. The City Council finds and certifies that the Final EIR is complete and adequate in that it has identified all significant environmental effects of the Project and.that there are no known potential environmental impacts not addressed in the Final EIR. SECTION 3. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the Project is approved, all significant effects which can feasibly be mitigated or avoided have been mitigated or avoided by the imposition of mitigation measures on the Project. All mitigation measures are included in the "Mitigation Monitoring Reporting Program" attached as Exhibit A to this Resolution and incorporated herein by this reference. SECTION 4. The City Council finds that the Final EIR has described reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and in the review process of the Final EIR.and ultimate decisions on the Project. SECTION 5. The City Council finds that no "substantial evidence" (as that term is. defined pursuant to CEQA Guidelines Section 15384) has been presented that would call into question the facts and conclusions in the EIR. SECTION 6. The City Council finds that no "significant new information" (as that term is defined pursuant to CEQA Guidelines Section 15088.5) has been added to the Final EIR after circulation of the Draft EIR, The City Council finds that the minor refinements that have been made to the Project.as a result of clarifications in the mitigation measures and EIR text do not amount to significant new information concerning the Project, nor has any significant new information concerning the Project become known to the City Council through the public hearings held on the Project, or through the comments on the Draft EIR and Responses to Comments. SECTION 7. The City Council finds that the Mitigation Monitoring Reporting Program establishes a mechanism and procedures for implementing and verifying the mitigations pursuant to Public Resources Code 2108.6 and hereby adopts the Mitigation Monitoring Reporting Program. The mitigation measures shall be incorporated into the Project prior to or concurrent with Project implementation as defined in each mitigation measure. Compliance with the Mitigation Monitoring and Reporting Program shall be required as a condition of issuance of a specific event permit. SECTION 8. The City Council finds that the Final EIR reflects the independent analysis and judgment of the City of Huntington Beach City Council,that the Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained in the Final EIR. SECTION 9. The City Council finds that the Final EIR serves as adequate and appropriate environmental documentation for the Project. The City Council certifies that the Final EIR 2 RESOLUTION NO. 2025-54 prepared for the Project is complete, and that it has been prepared in compliance with the requirements of the California Environmental Quality Act and CEQA Guidelines. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on , 2025. Mayor ATTEST: APPROV -D AS TO FORM: w City Clerk City Attorney REVIEWED AND APPROVED: INITIATED� AND APPROVED: / City Manager Director of Community Development Exhibit A: Mitigation Monitoring Reporting Program 3 EXHIBIT A Mitigation Monitoring and Reporting Program CEQA Requirements Section 15091(d)and Section 15097 of the CEQA Guidelines require a public agency to adopt a program for monitoring or reporting on the changes it has required in the project or conditions of approval to substantially lessen significant environmental effects.This Mitigation,Monitoring and Reporting Program(MMRP)summarizes the mitigation commitments identified in the Pacific Airshow(Airshow or Project)EIR(State Clearinghouse No.2024020006).Mitigation measures are presented in the same order as they occur in the Draft EIR.Further,to ensure enforceability of the biological monitoring efforts,a Project Description feature voluntarily is included in the MMRP that requires biological monitoring before and during the Airshow. Because there are no significant impacts associated with the temporary Airshow activities on biological species,biological monitoring is not required as a mitigation measure. The columns in the MMRP table provide the following information: • Mitigation Measure(s): The action(s)that will be taken to reduce the impact to a less-than- significant level. • Implementation,Monitoring,and Reporting Action: The appropriate steps to implement and document compliance with the mitigation measures. • Responsibility: The agency or private entity responsible for ensuring implementation of the mitigation measure.However,until the mitigation measures are completed,the City, as the CEQA Lead Agency,remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the MMRP(CEQA Guidelines, Section 15097(a)). • Monitoring Schedule: The general schedule for conducting each task.Because the proposed project does not include a construction phase,the general schedule is summarized as either "prior to operation"and/or"during operation". The Pacific Airshow Huntington Beach Project 1 MMRP Final Environmental Impact Report August 2025 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule Hazards and Hazardous Materials HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit(WHSV) • Conduct one WHSV prior to the start of the annual Applicant Prior to the start of the prior to the start of the annual Airshow(beginning in 2024)following the protocol Airshow prior to the start of the annual Airshow. annual Airshow developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site • Conduct field observations over one day at dawn, Visits, Wildlife Hazard Assessments,and Wildlife Hazard Management Plans(Federal noon,and dusk from a variety of pre-determined Aviation Administration,Advisory Circular 150/5200-38,August 2018 to evaluate locations to ensure complete visual coverage of the potential risk of wildlife strikes at airports,specifically for the proposed temporary aircraft location of the temporary runway and immediate landing pad on the beach during all future Airshow events.The WHSV shall include field surroundings prior to the start of the annual Airshow. observations conducted over one day at dawn,noon,and dusk from a variety of pre- determined locations to ensure complete visual coverage of the location of the temporary • Record all signs of birds,mammals,habitat attractants, runway and immediate surroundings.All signs of birds,mammals,habitat attractants, and wildlife/habitat relationship observations prior to and wildlife/habitat relationship observations shall be recorded. the start of the annual Airshow. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife • Prepare a wildlife hazard site visit memorandum species or signs observed during the surveys,federal and state status of the species following the annual Airshow observed,habitat features that may encourage wildlife,natural and artificial wildlife attractants,strike data analysis,and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. • HAZ-2:A qualified biological monitor will be on-site during event performances for the • Monitor and document bird activity during aircraft Applicant During the annual duration of the event(3-5 days)to document bird activity during aircraft flyovers and flyovers and take-off and landing within the Show Airshow take-off and landing within the Show Center Area.Biological monitoring will also inform Center Area during the annual Airshow. recommendations to reduce wildlife hazards.Based on monitoring observations, recommendations may include the following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment(e.g.,lasers)to disperse birds. Noise NOI-1:The applicant shall implement the following measures for the duration of the • Placement of the nearest speaker shall be placed at Applicant During the annual event: least 475 feet away from any nearby sensitive receptor Airshow • The nearest speaker shall be placed at least 475 feet away from any nearby and any subsequent speakers shall be separated from sensitive receptor and any subsequent speakers shall be separated from other other speakers by 25 feet parallel to Pacific Coast speakers by 25 feet parallel to Pacific Coast Highway.Speakers shall also be Highway.Speakers shall also be positioned in a positioned in a manner that would not point directly towards any nearby manner that would not point directly towards any sensitive receptor and,instead,face the beach/ocean. nearby sensitive receptor and,instead,face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of • Placement of a temporary noise barrier shall be plywood or using a sound blanket shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area installed on public property nearest to the sensitive (Huntington Pacific Beach House Condo complex at 701 Pacific Coast receptors to the west of the proposed music festival Highway).The temporary noise barriers shall block the line-of-sight between area(Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). The Pacific Airshow Huntington Beach Project 2 MMRP Final Environmental Impact Report August 2025 Mitigation Monitoring and Reporting Program Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule the music festival attendees and similarly elevated ground-level noise- sensitive receptors. Project Design Feature Project Design Feature 1:The following will occur to ensure that potential impacts to • Pre-airshow activities would occur at least one week Applicant Prior to the start of the nesting birds remain less than significant: beyond the end of the identified nesting season for the annual Airshow and • Pre-airshow activities would occur at least one week beyond the end of the California least tern and the western snowy plover and during the annual identified nesting season for the California least tern and the western snowy well beyond the end of the identified nesting season for Airshow plover and well beyond the end of the identified nesting season for the light- the light-footed Ridgway's rail and general avian footed Ridgway's rail and general avian species. species. • Monitoring efforts will be conducted before and during the Airshow to survey • Monitoring efforts to be conducted prior and during the for nests and provide measures to avoid potential impacts. annual Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings have and will continue to occur,although the outcome of those briefings cannot be guaranteed. • Daily briefings to occur prior to the start of the annual Airshow. The Pacific Airshow Huntington Beach Project 3 MMRP Final Environmental Impact Report August 2025 California Environmental Quality Act Findings of Fact and Statement of Overriding Considerations for the Pacific Airshow Huntington Beach Project Final Environmental Impact Report 1 .0 Introduction Pursuant to the California Environmental Quality Act(CEQA;California Public Resources Code, Section 21081),the potential environmental effects of the proposed Pacific Airshow(Airshow or Project)have been analyzed in a Draft Environmental Impact Report(Draft EIR or EIR)(State Clearinghouse [SCH]No.2024020006)prepared by the City of Huntington Beach(City)and published on February 20,2025.In accordance with Section 15121 of the State CEQA Guidelines,the Draft EIR identifies the significant environmental effects associated with the Project and ways to minimize the significant environmental effects through mitigation measures or reasonable alternatives to the Project.A Final EIR has also been prepared by the City that consists of a list of persons,organizations, and public agencies commenting on the Draft EIR; comments received on the Draft EIR;responses to those comments; and corrections and additions made to the Draft EIR either in response to a comment or as initiated by City staff. 1 .1 Statutory Requirements for Findings CEQA and the State CEQA Guidelines(Guidelines, California Code of Regulations,Title 14, Section 15091)states that no public agency shall approve or carry out a project for which an EIR has been certified that identifies one or more significant effects of the project on the environment unless the public agency makes one or more written findings for each significant effect, accompanied by a brief explanation of the rationale of each finding.The possible findings are: 1. Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social,technological,or other considerations, including provision of employment opportunities for highly trained workers,make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City of Huntington Beach as the lead agency pursuant to CEQA for the Project has made specific written findings regarding each significant impact' associated with the Project,which is discussed,along with a presentation of facts in support of the findings, in Section 4,Findings Required Under CEQA. Section 5, Evaluation of Alternatives,provides written findings and facts in support of the findings for each of the alternatives addressed in Chapter 4,Alternatives,of the 1 While not required by CEQA,the Findings(in Section 4.0)also address Findings of No Impact or Less Than Significant Impacts Prior to Mitigation. The Pacific Airshow Huntington Beach Project I ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 1.0 Introduction Draft EIR. Section 6,Findings Regarding the Final EIR,presents findings on disposition of the comments received on the Draft EIR. Chapter 3,Environmental Setting, Impacts, and Mitigation Measures,of the Draft EIR describes the potential environmental impacts of the Project and recommends mitigation measures to reduce impacts,where feasible.As discussed in the Draft EIR,implementation of the Project would result in significant impacts related to air quality,hazards and hazardous materials,and noise even with implementation of feasible mitigation measures.For these environmental issues,impacts are considered significant and unavoidable.In accordance with Section 15093(b)of the State CEQA Guidelines,the City has prepared a Statement of Overriding Considerations that states the specific benefits of the Project that outweigh the unavoidable,adverse environmental impacts.Concurrent with the adoption of the Findings and Statement of Overriding Considerations,the City will also adopt the Mitigation Monitoring and Reporting Program(MMRP). This document is organized as follows: Section 1.0,Introduction,provides a brief overview of the Findings and Statement of Overriding Considerations. Section 2.0,Procedural Compliance with CEQA, describes the EIR preparation process and the procedural steps that have been followed to comply with CEQA, including public meetings, public comment periods,noticing of the Draft and Final EIRs,and the location where these documents were available for review. Section 3.0,Description of the Project,provides the Project location,the Project Purpose and Objectives,and a summary description of the Project.A complete description of the Project and requested approvals can be found in Chapter 2,Project Description,of the Draft EIR. Section 4.0,Findings Regarding Environmental Impacts,provides the necessary findings to be made for Project-related impacts, including Findings of No Impact or Less Than Significant Impact in the Initial Study/Notice of Preparation(Subsection 4.1),Findings of No Impact or Less Than Significant Impact in the Draft EIR(Subsection 4.2),Findings Regarding Impacts Determined to Be Mitigated to Less Than Significant Levels(Subsection 4.3), and Findings Regarding Impacts Determined to Be Significant and Unavoidable(Subsection 4.4). Section 5.0,Findings Regarding Cumulative Impacts,provides the necessary findings to be made for cumulative impacts related to the Project. Section 6.0,Findings Regarding Alternatives,provides the necessary findings to be made for the different Project alternatives,including a comparison with the Project and reasons for rejecting the alternatives. Section 7.0,Findings Regarding the Final EIR,provides a determination regarding the Final EIR. Section 8.0,Statement of Overriding Considerations,sets forth the City's specific economic, legal, social,technological, and other considerations that support approval of the Project notwithstanding the significant unavoidable impacts that could occur. The Pacific Airshow Huntington Beach Project 2 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 2.0 Procedural Compliance with CEQA 2.0 Procedural Compliance with CEQA 2.1 Public Participation Process Notice of Preparation and Scoping On February 1,2024, in accordance with Sections 15082 of the State CEQA Guidelines,the City published a Notice of Preparation(NOP)of the Draft EIR,and circulated it to the State Clearinghouse,resources agencies, and interested parties.The NOP requested comments on the scope of the Draft EIR.The comment period extended from February 1,2024,through March 4, 2024,for a period of 33 days.The NOP provided a description of the Project location,existing site conditions and surrounding land uses, land use and zoning designations,Project background, Project characteristics,historic and continued airshow activities and events,new airshow activities anticipated for 2024 through 2034,the airshow performer schedule, airshow performers, airport origin,airshow flight paths,and airshow performance duration,the show center area layout and event viewing,access, ingress/egress,road closures,and parking,airshow set up and site breakdown, event security and evacuation,utilities,and review and approvals. On February 21,2024,the City held an in-person public scoping meeting to obtain public comments and suggestions from interested parties on the scope of the Draft EIR. On February 22, 2024,the City held a virtual scoping meeting for public agencies.The in-person public scoping meeting was held at the Huntington Beach City Hall,Lower Level Rooms B-7 and B-8,2000 Main Street,Huntington Beach,CA 92648.The virtual scoping meeting for agencies was held via Zoom.At the scoping meetings, a brief presentation and overview of the Project was provided. After the presentation,oral and written comments on the scope of the environmental issues to be addressed in the Draft EIR were accepted. Notice of Availability of the Draft EIR The Notice of Availability(NOA)of the Draft EIR was posted on the Project Site and with the County Clerk in Orange County on February 20,2025.Copies of the Draft EIR were made available to the public at the following locations: • City of Huntington Beach,Planning Division,2000 Main Street,Huntington Beach,CA 92648. • City of Huntington Beach Central Library,7111 Talbert Avenue,Huntington Beach,CA 92648. • City of Huntington Beach Website: — https://www.huntingtonbeachca.gov/departments/community development/major proiects.php — https://www.huntingtonbeachca.gov/departments/community development /environmental reports.php The Draft EIR was circulated for a 47-day public review from February 20,2025,through April 7,2025,as required by Section 21091 of the Public Resources Code. • The Pacific Airshow Huntington Beach Project 3 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 3.0 Description of the Project Public Review of the Draft EIR The City conducted required noticing and scoping for the Project in accordance with Sections 15083, 15086,and 15087 of the State CEQA Guidelines and Section 21083.9 of the California Public Resources Code,and conducted the public review for the Draft EIR in compliance with Section 15087 of the State CEQA Guidelines. The City received 16 comment letters on the Draft EIR from agencies,organizations,and individuals through written correspondence and emails.The City has reviewed all comments and has determined that no new significant environmental effects or a substantial increase in the severity of previously identified significant effects have been identified,and all issues raised in the comments have been adequately addressed in the Draft EIR and/or in the responses to those comments and additions or corrections made to the Draft EIR either in response to a comment or as initiated by City staff. 2.2 Final EIR Certification and Approval The Huntington Beach City Council has received,reviewed,and considered the information contained in the Final EIR, in addition to public testimony received on the Project during the scoping meeting,as well as the recommendations of City staff. The Huntington Beach City Council hereby makes findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Section 15091 and, in compliance with State CEQA Guidelines Section 15090,hereby certifies that: 1. The Final EIR has been completed in compliance with CEQA; 2. The Final EIR was presented to the Huntington Beach City Council as the decision-making body of the City and that the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the Project; and 3. The Final EIR reflects the City's independent judgment and analysis. 2.3 Record of Proceedings and Custody of Documents Pursuant to Public Resources Code Section 21081.6 and California Code of Regulations, Title 14, Section 15091,The City of Huntington Beach is the custodian of documents and other material that constitute the record of proceedings upon which the City's decision is based,and such documents and other material are located at the City of Huntington Beach Planning Division office 2000 Main Street,Huntington Beach,CA 92648. 3.0 Description of the Project This section provides the Project location,the Project Purpose and Objectives, and a summary description of the Project.A complete description of the Project and requested approvals can be found in Chapter 2,Project Description,of the Draft EIR. The Pacific Airshow Huntington Beach Project 4 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 3.0 Description of the Project 3.1 Project Location Regionally,the Airshow is located in the City of Huntington Beach,which is in coastal Orange County in Southern California.The Show Center Area is the location where primary on-the- ground events and activities of the Airshow take place.Locally,the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway (State Route 1 or SR-1)to Beach Boulevard(State Route 39 or SR-39)and Pacific Coast Highway to the Pacific Ocean, including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line. The Airshow Performance Area,the primary area for civilian and military aircraft flybys and aerial acrobatics, is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet.A majority of the civilian and military aircraft flybys and aerial acrobatics occur within approximately 500 and 1,500 feet from the shoreline.The Show Center Area and Airshow Performance Area collectively comprise of the Project Site. The Show Center Area consists of the beach,the Huntington Beach Pier,parking lots, commercial/restaurant uses,bicycle and walking trails along Pacific Coast Highway. 3.2 Project Purpose and Objectives A statement of Project objectives and a description of the underlying purpose of the Project is required by CEQA Guidelines Section 15124. The Project objectives and underlying Project purpose are established to guide the lead agency in developing a reasonable range of alternatives to evaluate in the Draft EIR and aid the decision makers in preparing findings or a statement of overriding considerations,if necessary. The underlying purpose of the Project is to provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area and perhaps beyond. The Project objectives include: • Continue to provide a family-oriented, safe, educational,fun,and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations,displays,food,and music. • Provide an event that promotes careers and opportunities in the Defense Forces and in aviation. • Provide an event that promotes coastal access. • Continue to promote awareness and use of the Huntington Beach Pier and beaches. • Continue to promote awareness of the Huntington Beach hotels,restaurants, stores, and businesses across the City. • Continue to promote Huntington Beach and Southern California as a welcoming global tourism destination. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer, and event sponsors. • Increase in tax revenues(i.e.,sales tax,transit occupancy tax, and property tax)to the City. The Pacific Airshow Huntington Beach Project 5 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts • Continue to provide temporary and full-time jobs associated with the Airshow. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve,the Huntington Beach Wetlands,the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. 3.3 Project Description As permitted by the City's Specific Event Permit Process,the Airshow has been held annually in the City(Friday through Sunday),during the fall season.Future Airshows are anticipated to be held annually for three(3)days to up to five(5)days,generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The Airshow does not propose construction of new permanent development; instead,the Project consists of temporary event structures,all of which would be removed immediately following the conclusion of the Airshow.The Project would provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area(and perhaps beyond)and features civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene(ABS) foundation(stadium flooring)or wood or aluminum flooring, electric vehicle(EV)and drone displays with hangars and aerial competitions and drone shows, displays of other emerging aviation/mobility technology, and visitor-serving entertainment, services, and amenities(e.g., variety of viewing areas,vehicle and aircraft demonstrations and displays, illustrations,flight simulations,merchandise tents, concessions,food trucks, live music entertainment,wave pool surf competitions, skateboard and bicycle motocross(BMX)bowl competitions, sandcastle building competitions, art installations,and pyrotechnic shows).The Project would include an event program for the continuation of the Airshow for up to ten(10)additional years beginning from year 2024 through 2034 as permitted by the City's Specific Event Permit Process. 4.0 Findings Regarding Environmental Impacts 4.1 Findings of No Impact or Less Than Significant Impact in the Initial Study/ Notice of Preparation The City of Huntington Beach circulated an Initial Study/Notice of Preparation in February 2024 to determine the potentially significant effects of the Project.In the course of this evaluation, it was determined the Project would result in no impact or less than significant impacts(without mitigation)related to several environmental issue areas. In many cases,the determinations of no impact or less than significant impacts were based on the fact the Airshow proposes no new permanent development. Instead,the Project consists of temporary event structures, all of which would be removed immediately following the conclusion of the Airshow.Following each future Airshow,the Project Site would be restored to pre-Project conditions. The Initial Study for the Project is included as Appendix B of the Draft EIR and discusses why the Project would have no impact or less than significant impacts related to the specific The Pacific Airshow Huntington Beach Project 6 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts environmental issue areas that were not discussed in detail in the Draft EIR. The issue areas determined to have no impact or a less than significant impact in the Initial Study analysis are summarized below and require no specific Findings of Fact. Aesthetics Have a substantial adverse effect on a scenic vista(less than significant impact). Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway(less than significant impact). In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings (public views are those that are experienced from publicly accessible vantage point).If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality(no impact). Create a new source of substantial light or glare which would adversely affect daytime or nighttime views in the area (less than significant impact). Agriculture and Forestry Resources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use (no impact). Conflict with existing zoning for agricultural use, or a Williamson Act contract(no impact). Conflict with existing zoning for, or cause rezoning of,forest land(as defined in Public Resources Code section 1222O(g)), timberland(as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 511O4(g)) (no impact). Result in the loss of forest land or conversion of forest land to non forest use (no impact). Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non- forest use (no impact). Air Quality Conflict with or obstruct implementation of the applicable air quality plan (less than significant impact). Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(less than significant impact[construction];potentially significant impact[operations]). Expose sensitive receptors to substantial pollutant concentrations (less than significant impact). The Pacific Airshow Huntington Beach Project 7 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts • Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people (less than significant impact). Biological Resources Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (no impact). • Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal,filling, hydrological interruption, or other means (no impact). Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (no impact). Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan(no impact). Cultural Resources Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5 (no impact). Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (no impact). Disturb any human remains, including those interred outside of dedicated cemeteries (no impact). Energy Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation (less than significant impact). Conflict with or obstruct a state or local plan for renewable energy or energy efficiency(less than significant impact). Geology and Soils Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault(less than significant impact). ii) Strong seismic ground shaking(less than significant impact). The Pacific Airshow Huntington Beach Project 8 ESA/0202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts iii) Seismic-related ground failure, including liquefaction (less than significant impact). iv) Landslides (no impact). Result in substantial soil erosion or the loss of topsoil(no impact). Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse (no impact). Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property(no impact). Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water(no impact). Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (no impact). Greenhouse Gas Emissions Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment(less than significant impact). Conflict with an applicable plan,policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases (less than significant impact). Hazards and Hazardous Materials Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials (less than significant impact). Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment (less than significant impact). Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school(no impact). Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment(no impact). Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires (no impact). The Pacific Airshow Huntington Beach Project 9 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts Hydrology and Water Quality Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality(no impact). Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin (no impact). Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on-or off-site (no impact). ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or offsite (no impact). iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (no impact). iv) Impede or redirect flood flows (less than significant impact). In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation (less than significant impact). Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (less than significant impact). Land Use and Planning Physically divide an established community(no impact). Cause a significant environmental impact due to a conflict with any land use plan,policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect(no impact). Mineral Resources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state (no impact). Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan (no impact). Noise For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels (no impact). The Pacific Airshow Huntington Beach Project 10 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 4.0 Findings Regarding Environmental Impacts Population and Housing Induce substantial unplanned population growth in an area either directly or indirectly(no impact). Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere (no impact). Public Services Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: i) Fire protection (less than significant impact). ii) Police protection (less than significant impact). iii) Schools (no impact). iv) Parks (no impact). v) Other public facilities (no impact). Recreation Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated(less than significant impact). Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment(less than significant impact). Transportation Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities (no impact). Substantially increase hazards due to a geometric design feature or incompatible uses (no impact). Utilities and Service Systems Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects (less than significant impact). The Pacific Airshow Huntington Beach Project 1 1 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 4.0 Findings Regarding Environmental Impacts Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years (less than significant impact). Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments (less than significant impact). Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals (less than significant impact). Comply with federal, state, and local management and reduction statutes and regulations related to solid waste (less than significant impact). Wildfire Substantially impair an adopted emergency response plan or emergency evacuation plan (no impact). Due to slope,prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to,pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire (no impact). Require the installation or maintenance of associated infrastructure (such as roads,fuel breaks, emergency water sources,power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment(no impact). Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff,post-fire slope instability, or drainage changes (no impact). 4.2 Findings of No Impact or Less Than Significant Impact in the Draft EIR The City of Huntington Beach,having reviewed and considered the information contained in the Final EIR,the Technical Appendices, and the administrative record,finds that the Project would have no impact or a less than significant impact for the following issue areas,which require no specific Findings of Fact:Biological Resources,Transportation,Tribal Cultural Resources. Biological Resources Impact 3.2-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (less than significant impact). Refer to Draft EIR pages 3.2-39 through 3.2-41. The Pacific Airshow Huntington Beach Project 12 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts Impact 3.2-2: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites (less than significant impact). Refer to Draft EIR pages 3.2-42 through 3.2-45. Transportation Impact 3.5 1: The project would have a less than significant impact as it relates to VMT(less than significant impact). Refer to Draft EIR pages 3.5-12 through 3.5-13. Impact 3.5-2: The project would not result in inadequate emergency access (less than significant impact). Refer to Draft EIR page 3.5-13. Tribal Cultural Resources Impact 3.6-1 1: The project would not result in a significant tribal cultural resources impact because it would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site,feature,place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k); or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe (no impact). Refer to Draft EIR pages 3.6-6 through 3.6-7. 4.3 Findings Regarding Impacts Determined to Be Mitigated to Less Than Significant Levels The City of Huntington Beach,having reviewed and considered the information contained in the Final EIR,the Technical Appendices,and the administrative record, finds,pursuant to California Public Resources Code 21081 (a)(1)and CEQA Guidelines 15091 (a)(1)that changes or alterations have been required in, or incorporated into,the Project,which would avoid or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following category:Hazards and Hazardous Materials The potentially significant adverse environmental impact that can be mitigated is summarized below. The City of Huntington Beach finds that this potentially significant adverse impact can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified in the Final EIR. The Pacific Airshow Huntington Beach Project 13 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts Hazards and Hazardous Materials Impact 3.3-1:For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, the project would not result in a safety hazard or excessive noise for people residing or working in the project area (less than significant impact with mitigation). Refer to Draft EIR pages 3.3-11 through 3.3-12. Most bird strike incidents occur during March through April and August through November when seasonal migration typically occurs. While birds are more likely to be struck during the day due to increased civilian aircraft flights during the day, seasonal migration is generally nocturnal. Airshow flights have historically occurred mid-day(between 10:00 AM and 5:00 PM.)which is when the majority of flights would occur. Therefore, because a majority of flights related to the Airshow are not planned to occur at night,the potential for impacts to aircraft from collisions with migratory birds are expected to be less than significant. Although the Show Center Area is located over 2 miles from an airport and,therefore, occurs outside of an existing airport land use plan area,the Project is proposing the creation of a temporary aircraft landing pad within the Show Center Area in 2024.The aircraft movements associated with the temporary landing pad present a potential hazard to Project flight safety, and significantly increases the safety risk caused by bird strikes as compared to past years when the Airshow was only conducting fly-bys over 500 feet above ground level.As noted in the Draft EIR analysis of Impact 3.3-1,74 percent of bird strikes occur at less than or equal to 500 feet above ground level, 19 percent from 501 to 3,500 feet above ground level,and 7 percent above 3,500 feet above ground level. This study also found that passerines,gulls/terns(Laridae),doves (Columbidae),and raptors(including vultures)were the species groups most frequently struck. During the Airshow,most aircraft are expected to fly over 500 feet above ground level;however, select aircraft are planned to land on a temporary landing pad located within the Show Center Area requiring them to fly below 500 feet in altitude,which increases the potential for a bird strike.As identified in Draft EIR Table 3.3-1,common wildlife species that are high risk to flight safety, including mourning dove,killdeer,barn swallow,European starling,rock dove, and red- tailed hawk,were observed within the Wildlife Hazard Analysis(WHA)Study Area.2 More specifically,various gull species were observed within the Show Center Area during 2023 biological monitoring prior to increased human activity resulting from the event. Since a temporary aircraft landing pad has never been installed along Huntington Beach,no wildlife strike data resulting from aircraft take-off and landing is available.Therefore,there is the potential for bird strike impacts to common species resulting in increased flight risk during take- off and landing.However, it is expected that a small number of aircraft would take-off and land on the temporary aircraft landing pad and 2023 biological monitoring demonstrated that increased human activity within the Show Center Area decreased the presence of wildlife on the beach. Additionally,Airshow flights have historically occurred midday(between 10 a.m. and 4:30 p.m.) when bird flight activity is lower than it would be at dawn or dusk. While impacts to aircraft may occur as a result of aircraft landing on the beach,with implementation of Mitigation Measures 2 The Show Center Area and Airshow Performance Area are directly adjacent and collectively occur within the Wildlife Hazard Analysis(WHA)Study Area. The Pacific Airshow Huntington Beach Project 14 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts HAZ-1 and HAZ-2,impacts related to flight safety are anticipated to be less than significant as the proposed mitigation measures provide specific measures to reduce wildlife hazards. Mitigation Measure HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit(WHSV)prior to the start of the annual Airshow(beginning in 2024) following the protocol developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans(Federal Aviation Administration,Advisory Circular 150/5200-38, August 2018 to evaluate potential risk of wildlife strikes at airports,specifically for the proposed temporary aircraft landing pad on the beach during all future Airshow events. The WHSV shall include field observations conducted over one day at dawn,noon,and dusk from a variety of pre-determined locations to ensure complete visual coverage of the location of the temporary runway and immediate surroundings.All signs of birds, mammals,habitat attractants, and wildlife/habitat relationship observations shall be recorded. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife species or signs observed during the surveys,federal and state status of the species observed,habitat features that may encourage wildlife,natural and artificial wildlife attractants,strike data analysis,and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. Mitigation Measure HAZ-2: A qualified biological monitor will be on-site during event performances for the duration of the event(3-5 days)to document bird activity during aircraft flyovers and take-off and landing within the Show Center Area. Biological monitoring will also inform the recommendations to reduce wildlife hazards.Based on monitoring observations,recommendations may include following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment(e.g.,lasers)to disperse birds. Finding: The City finds that changes or alterations have been required in, or incorporated into, the Project that substantially lessens significant impacts related to flight safety as identified in the Final EIR.With the implementation of Mitigation Measures HAZ-1 and HAZ-2, impacts related to flight safety are anticipated to be less than significant. 4.4 Findings Regarding Impacts Determined to Be Significant and Unavoidable The City of Huntington Beach,having reviewed and considered the information contained in the Final EIR,Technical Appendices,and the administrative record,finds that the Project would result in significant and unavoidable impacts even with implementation of all feasible mitigation measures for the following categories:Air Quality,Hazards and Hazardous Materials, and Noise. The Pacific Airshow Huntington Beach Project 15 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts Air Quality Impact 3.1-1: The project would result in significant impact if it would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(significant and unavoidable). Refer to Draft EIR pages 3.1-21 through 3.1-23. For informational purposes,the air quality emissions from existing Airshow vehicle miles traveled(VMT)forecasted for year 2024 and future year 2034 were estimated in the Draft EIR. Regional criteria pollutant emission calculations for volatile organic compounds(VOCs), nitrogen oxides(NOx),carbon monoxide(CO), sulfur oxides(SOx),and fine particulate matter (PM10 and PM2.5,respectively)for the existing Airshow VMT mobile sources are presented in Table 3.1-6(below and on page 3.1-22 of the Draft EIR). TABLE 3.1-6 ESTIMATED FORECASTED REGIONAL MOBILE SOURCE EMISSIONS FOR CONTINUATION OF EXISTING AIRSHOW (POUNDS PER DAY) Source VOC NOx CO SO2 PM10 PM2.5 Forecasted Regional Mobile Source Emissions for 530 766 4,938 14 1,193 305 Continuation of Existing Airshow—Year 2024 Forecasted Regional Mobile Source Emissions for 359 486 3,241 11 1,191 303 Continuation of Existing Airshow—Year 2034 NOTE:Totals may not add up exactly due to rounding in the modeling calculations.Detailed emissions calculations are provided in Appendix C of the Draft EIR. SOURCE:Data compiled by ESA,2024. Operational criteria pollutant emissions were calculated for future Project Airshow mobile sources associated with additional daily VMT from the expanded night concerts as compared to prior Airshows. The change in operational emissions is based on the additional daily VMT resulting from the expanded night concerts that would occur during the Project's future Airshows compared to prior Airshows without night concerts.The additional daily VMT as compared to prior Airshows are provided in Section 3.5, Transportation, of the Draft EIR, for the expanded night concerts.Additional details are provided in the Air Quality Calculations in Appendix C of the Draft EIR. The results of the regional criteria pollutant emission calculations for VOC,NOx, CO, SOx, PM10,and PM2.5 for the Project's mobile sources are presented in Table 3.1 7(below and on page 3.1-22 of the Draft EIR).As shown in Table 3.1-7,the Project's operational-related mobile source daily emissions would exceed the South Coast Air Quality Management District (SCAQMD)thresholds of significance for VOC,NOx,and CO.It is also noted that,as shown in Table 3.1-6 above,the operational-related mobile source daily emissions for the airshow(without the proposed expanded night concerts)already exceed the SCAQMD thresholds of significance for VOC,NOx, CO,PM10, and PM2.5.Therefore,the Project's net regional operational mobile emissions impacts would be potentially significant. The Pacific Airshow Huntington Beach Project 16 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts It is noted that the mobile source emissions from the additional VMT from the Project's night concerts would decline in future years as vehicle technology improves and older vehicles are replaced with newer vehicles that emit fewer pollutants. TABLE 3.1-7 ESTIMATED MAXIMUM UNMITIGATED REGIONAL MOBILE SOURCE EMISSIONS FOR EXPANDED NIGHT CONCERTS(POUNDS PER DAY) Source VOC NOx CO SO2 PM10 PM2.5 Night Concerts Mobile Source Emissions—Year 2024 59 85 550 2 133 34 Night Concerts Mobile Source Emissions—Year 2034 40 54 361 1 133 34 SCAQMD Significance Threshold 55 55 550 150 150 55 Exceeds Thresholds? Yes Yes Yes No No No NOTE:Totals may not add up exactly due to rounding in the modeling calculations.Detailed emissions calculations are provided in Appendix C of the Draft EIR. SOURCE:Data compiled by ESA,2024. Finding: There are no feasible mitigation measures that would reduce operational VOC,NOX, and CO emissions for vehicular sources to below the significance thresholds. Vehicles would be utilized by Project attendees and employees to future Project Airshow events and the Project has no ability to regulate the personal choices made by future Project attendees and employees who may purchase and use any vehicles legally sold to travel to and from the site. In addition,as stated in Draft EIR Section 3.5, Transportation,there are no additional feasible mitigation measures to further reduce Project VMT. Thus,there are no additional feasible mitigation measures that would reduce operational VOC,NOX, and CO emissions and impacts related to regional VOC, NOX,and CO operational emissions would remain significant and unavoidable. Hazards and Hazardous Materials Impact 3.3-2: The project could impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (significant and unavoidable impact related to emergency access). Refer to Draft EIR pages 3.3-12 through 3.3-16. The Project is not located in or near state responsibility areas of lands classified as very high fire hazard severity zone and,therefore,would result in no impact to evacuation related to potential wildfire impacts. The Project does not propose any change that would impair implementation of or physically interfere with the adopted Local Hazard Mitigation Plan(LHMP),published resources related to emergency preparedness(such as maps of Tsunami Evacuation Routes),or the Airshow Public Safety Plan. Therefore,the Project should be considered to result in less than significant impacts to evacuation related to hazards and hazardous materials. However, due to the volume of people anticipated to gather on and near the beach during the Airshow,in the event of an emergency,ambient evacuation times would be increased and could affect emergency access. The circumstances resulting in the need to evacuate either the event area The Pacific Airshow Huntington Beach Project 17 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts or the City will differ based upon the nature and magnitude of the emergency(fire, earthquake, tsunami),the location of the emergency(local or regional),and the timing relative to the event (are people coming in or leaving).For example,if there was a sizeable earthquake in the region, then the authorities may prefer that Airshow attendees stay in place until the safety of the roadway infrastructure can be assessed.If there was a tsunami warning,with several hours of notice,then an evacuation process would be somewhat broad and deliberate. In the case of a man- made event(someone causing a threat),the evacuation conditions are more immediate and localized. The population group that attends the event is difficult to identify,as there is limited formal ticketing(only the reserved grandstands and beach). While many people gather near the beach, attendees also view from rooftops/balconies,restaurants,and other venues throughout the City. The ambiguity around the event population(size and location), combined with the range of potential evacuation events,results in unquantifiable evacuation times. As a large number of people walk or bicycle to the Airshow,the speed of these cyclists and pedestrians ability to evacuate may contribute to increased evacuation times depending on the emergency event.Those who are already in the City for reasons unrelated to the Airshow (residents and employees in particular)would likely experience some increase in evacuation times due to the added population from the Project,as the roadway infrastructure is fixed. Finding: The increased population as a result of the Project,combined with all other population unrelated to the Project,including residents,employees,students,and visitors,would likely be all concurrently subject to evacuation orders in case of an emergency event.Given the wide range of possible emergency conditions,difficulty in quantifying the number and location of population added by the Project,the probable increase in evacuation times,and the lack of significance threshold to measure such effects,the Project should be considered to result in significant and unavoidable impacts to emergency access but can be reduced with the incorporation of measures at the discretion of the Community and Library Services Director,or their designees,as described below. As a compliment to the LHMP,a more detailed evacuation plan could be developed for the major events in the City(US Open of Surfing,AVP Volleyball Tournament,Airshow).The plan should at minimum further define how the range of emergency scenarios in the LHMP would relate to these major events,identify the evacuation needs and capacities,and evaluate strategies to reduce evacuation risks by including the following considerations: • Apply the LHMP emergency scenarios during the time of a major short-term event, such as the Airshow,for planning purposes.The plans for evacuation should be based upon the location and dynamics of the emergency scenarios.A detailed evacuation plan should consider scenarios applicable to the Project area and define parameters such as time and area of evacuation,evacuation routes,hazard event, evacuation population,evacuation destination, and relationship to existing plans(such as the LHMP). • Assess the target population during an evacuation event to include community members and participants of special events or gatherings.The evacuation demand assessment should consider factors such as the time of day,automobile availability,route options,hazard The Pacific Airshow Huntington Beach Project 18 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts behavior, and the locations of evacuation shelters or hotels.Key actions of the assessment should include establishing evacuation areas,identifying populations with mobility challenges, estimating the number of evacuation vehicle trips,and preparing an evacuation trip origin-destination matrix by time periods throughout an evacuation event. • Evaluate the capacity of roadways to accommodate evacuation of events at Huntington Beach and nearby communities with shared emergency access.Roadways within the City identified by the LHMP as potential evacuation routes are discussed in the City's Circulation Element of the General Plan, including their classification and traffic-carrying capacities under normal conditions.The evaluation should also consider the safety and viability of identified evacuation routes during emergency events. • Identify strategies to reduce evacuation times. Strategies to meaningfully reduce estimated evacuation times may address the supply of transportation capacity(such as temporary one- way streets or specialized signal timing), improve the effectiveness of communication to the public before and during an emergency event, and special provisions for vulnerable populations. Noise Impact 3.4-1: The project would result in a significant impact if it would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. (significant and unavoidable impact with mitigation). Refer to Draft EIR pages 3.4-21 through 3.4-25. Noise levels from aircraft flyovers for the duration of the Airshow would generate a substantial temporary increase in ambient noise levels and thus result in a significant impact.However,the City's Municipal Code includes provisions for approval of a Noise Deviation Permit. While the approval of a Noise Deviation Permit would not eliminate the significant impact related to aircraft noise, it would allow the deviation to occur,thereby removing the conflict that would otherwise exist between the Noise Ordinance thresholds and requirements and the noise generated by the Project. Municipal Code Section 8.40.130 states that the applicant must provide information in the Noise Deviation Permit application regarding actions taken to comply with the Noise Ordinance, reasons why compliance cannot be achieved, and a proposed method of achieving compliance if such method exists. The applicant must also demonstrate the need to deviate from the noise level and whether the deviation produces a greater benefit to the community that outweighs the temporary increase in noise level. Due to the nature of the Project, compliance with the Noise Ordinance thresholds is not possible while maintaining the activities the Airshow has included since 2016.The Project provides Huntington Beach residents and visitors with an opportunity to enjoy a family event that is geared towards all ages. Activities,food,and area retail establishment products are available at the Airshow,enhanced by live entertainment. Traffic and crowd noise are natural consequences of this type of event and there is no way to achieve strict Noise Ordinance compliance while maintaining the established activities. The benefits to the community and visitors are evident from the success of the annual Airshow,which provides an opportunity for local merchants to The Pacific Airshow Huntington Beach Project 19 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts offer their services and wares to a larger audience.Therefore,the deviation produces a greater benefit to the community that outweighs the temporary exceedance from the once-a-year Airshow.Additionally,new Airshow activities discussed in Draft EIR Chapter 2,Project Description, such as air racing,nighttime flyovers, and helicopter landing within Main Hospitality Area,may result in similar noise levels as was measured during the 2023 Airshow. However, while noise impacts would remain significant,the Noise Deviation Permit would allow the exceedance to occur. In addition,the Draft EIR determined that the maximum increase in Project-related traffic noise levels over existing traffic noise levels would be less than 1 dBA3 Community Noise Equivalent Level(CNEL)4 along all roadway segments.This increase in noise level would be well below the "clearly noticeable"threshold increase of 5 dBA CNEL in an area characterized by normally acceptable noise levels that would remain below 55 dBA CNEL or"conditionally acceptable" threshold of noise levels that would remain below 70 dBA CNEL.Therefore,Project-related noise increases would be less than the applicable threshold and would be less than significant. During the Airshow events,the competitions and art installations would be located within the Project Site and generally located away from noise-sensitive uses east of Pacific Coast Highway. The temporary event structures would be similar in scale and location to previous Airshows since 2016(except in 2020,when there was no Airshow)and generally located away from noise- sensitive uses east of Pacific Coast Highway.The temporary Airshow pyrotechnic display would occur over water, similar to the City's existing annual Fourth of July Fireworks Over the Ocean and would not result in permanent effects on the environment. The competitions, art installations, event structures, and pyrotechnic display would not generate a substantial increase in ambient noise in excess of established standards and existing conditions. Therefore,no further analysis of these issues was included in the Draft EIR. However,the multi-day music festival would be located generally within the northernmost portion of the Show Center Area within Concert Area A or alternatively the southernmost portion of the Show Center Area within Concert Area E. The multi-day music festival would occur following the conclusion of the Airshow up to 11:00 p.m. over 3 days over the weekend directed towards the ocean.In addition,the music festival would require sound checks during the day/evening prior to the music festival. The music festival would include the use of amplified speakers,which would be directed toward the ocean and away from noise sensitive uses located on Pacific Coast Highway.Nonetheless,the multi-day music festival with the use of amplified speakers may result in a temporary net increase in noise as compared to past Airshows.As such, the Draft EIR determined that the Project's music festival would result in the generation of a substantial temporary increase in ambient noise levels in the vicinity of the Project to be in excess 3 The typical human ear is not equally sensitive to all frequencies of the audible sound spectrum.As a consequence, when assessing potential noise impacts on humans,sound is measured using an electronic filter that de-emphasizes the frequencies in a manner corresponding to the human ear's decreased sensitivity to extremely low and extremely high frequencies.This method of frequency weighting is referred to as A-weighting and is expressed in units of A- weighted decibels(dBA).A-weighting follows an international standard methodology of frequency weighting and is typically applied to community noise measurements. 4 CNEL is the average A-weighted noise level during a 24-hour day that includes an addition of 5 dB to measured noise levels between the hours of 7:00 p.m.to 10:00 p.m.and an addition of 10 dB to noise levels between the hours of 10:00 p.m.to 7:00 a.m.to account for noise sensitivity in the evening and nighttime,respectively. The Pacific Airshow Huntington Beach Project 20 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 4.0 Findings Regarding Environmental Impacts of standards established by the City and impacts from the music festival would be potentially significant. Mitigation Measure NOI-1: The applicant shall implement the following measures for the duration of the event: • The nearest speaker shall be placed at least 475 feet away from any nearby sensitive receptor and any subsequent speakers shall be separated from other speakers by 25 feet parallel to Pacific Coast Highway. Speakers shall also be positioned in a manner that would not point directly towards any nearby sensitive receptor and, instead, face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of plywood or using a sound blanket shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area(Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). The temporary noise barriers shall block the line-of-sight between the music festival attendees and similarly elevated ground-level noise-sensitive receptors. Finding: Mitigation Measure NOI-1 would be required to reduce noise levels.However,noise levels would still exceed the significance thresholds even with implementation of this mitigation. Since it would not be feasible to locate speakers further away from the sensitive receptors (towards the ocean)because this would impede beyond the mean high tide line,and the City does not have any jurisdiction beyond the mean high tide line,this impact is determined to be significant and unavoidable. While the Project would submit a Noise Deviation Permit application pursuant to Municipal Code requirements,which would allow the exceedance to occur,the proposed music festival would be a new source of noise in excess of standards. Furthermore, as the proposed music festival would be a new addition to the Airshow and prior Noise Deviation Permit applications have not included a music festival,this impact is determined to be significant and unavoidable.No additional feasible mitigation measures are available. Impact 3.4-2: The project will result in a significant impact if it generates excessive groundborne vibration or groundborne noise levels. (significant and unavoidable impact with mitigation). Refer to Draft EIR page 3.4-25 through 3.4-28. Operation of the music festival would include typical commercial-grade mechanical and electrical equipment,such as amplified sound systems,which would produce groundborne vibration.Data regarding specific groundborne vibration levels from speakers that would be used at the proposed music festival is not available. For the purposes of this analysis,assuming a relatively-high groundborne vibration level equivalent to a sonic pile driver operating under typical conditions of 93 vibration velocity level(VdB)at 25 feet,at a distance of 95 feet,the vibration level would be approximately 81.4 VdB,which would exceed the significance threshold of 72 VdB at vibration- sensitive land uses. In the absence of specific data,the analytical assumption of using a groundborne vibration level equivalent to a sonic pile driver is anticipated to provide a reasonably conservative approach as sonic pile drivers represent equipment with the highest non-impact vibration level according to the Federal Transit Administration(FTA)Transit Noise and Vibration Impact Assessment Manual.Therefore,it is determined that groundborne vibration and groundborne noise impacts from the music festival would be potentially significant. The Pacific Airshow Huntington Beach Project 21 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 5.0 Findings Regarding Cumulative Impacts Ground consisting of beach sand would have a dampening effect on groundborne vibration. Thus, increasing the separation distance between the speakers and vibration-sensitive land uses would reduce the vibration levels. Findings: Mitigation Measure NOI-1,which maximizes the separation distance between the speakers and vibration-sensitive land uses,would be required to reduce the groundborne vibration and groundborne noise levels.At a distance of 475 feet, as specified in Mitigation Measure NOI- 1,the vibration level would be reduced to approximately 67.4 VdB,given the above assumptions, which suggests impacts could be reduced to less than significant.Nonetheless, since data regarding specific groundborne vibration levels from speakers that would be used at the proposed music festival is not available, and since it would not be feasible to locate speakers further away from the sensitive receptors(towards the ocean)because this would impede beyond the mean high tide line and the City does not have any jurisdiction beyond the mean high tide line,this impact is conservatively determined to be significant and unavoidable.No additional feasible mitigation measures are available. 5.0 Findings Regarding Cumulative Impacts As discussed in Draft EIR Subsection 3.7, Cumulative Analysis, CEQA requires that an EIR assess the cumulative impacts of a project with respect to past,present, and reasonably foreseeable future projects. CEQA Guidelines Section 15355,Cumulative Impacts, specifically provides the following definition of cumulative impacts: "Cumulative impacts"refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. (a) The individual effects may be changes resulting from a single project or a number of separate projects. (b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past,present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. CEQA Guidelines Section 15130(a),Discussion of Cumulative Impacts,further addresses the analysis of cumulative impacts: "(1) As defined in Section 15355, a cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts.An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR; (2) If the combined cumulative impact associated with the project's incremental effect and the effects of other projects is not significant, the EIR should briefly indicate why the cumulative impact is not significant and is not discussed in further detail in the EIR.A lead agency shall The Pacific Airshow Huntington Beach Project 22 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 5.0 Findings Regarding Cumulative Impacts identify facts and analysis supporting the lead agency's conclusion that the cumulative impact is less than significant. (3) An EIR may determine that a project's contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant.A project's contribution is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact. The lead agency shall identify facts and analysis supporting its conclusion that the contribution will be rendered less than cumulatively considerable." In summary, if the combined cumulative impact associated with the project's incremental effect and the effects of other projects is significant,the EIR must determine whether the project's incremental contribution is cumulatively considerable.If the project's incremental contribution is not cumulatively considerable,the cumulative impact is considered"not significant"pursuant to CEQA Guidelines 1513O(a)(3). Because the Airshow does not propose construction of new permanent development, and further, because it is a temporary event,the nature of this Project does not allow for the same manner of cumulative assessment as projects that lead to a permanent change or construction-related impacts that could combine with other projects spatially and/or temporarily,such as land use or transportation projects. Therefore, consistent with CEQA Guidelines Section 1513O(a)(2),the Draft EIR provides facts and analyses supporting the Lead Agency's conclusion that the combined cumulative impacts associated with the Airshow project's incremental effect and the effects of other projects is not significant and is not discussed in detail in the Draft EIR.As part of the facts and analyses supporting the use of CEQA Guidelines Section 1513O(a)(2),the City of Huntington Beach prepared a list of past,present, and reasonably future projects that were considered when making the conclusion that the Project,when considered with other cumulative projects,would not result in a cumulatively considerable contribution to a significant cumulative impact. The list of cumulative projects that were considered is provided in Table 3.7-1 (below and on page 3.7-3 of the Draft EIR). For Project-related impacts that result in no impact,the Project cannot combine to create an P P � J incremental, cumulatively considerable contribution to a significant cumulative impact. Therefore, consistent with CEQA Guidelines Section 1513O(a)(1), "[Nil EIR should not discuss impacts which do not result in part from the project evaluated in the EIR."Accordingly,the cumulative impact analysis in the EIR does not address impact statements that are determined to result in no impact in either the Initial Study/Notice of Preparation or the EIR. If the combined cumulative impact associated with the project's incremental effect and the effects of other projects is not significant,the EIR should briefly indicate why the cumulative impact is not significant and is not discussed in further detail in the EIR,as allowed by CEQA Guidelines Section 1513O(a)(2). The Pacific Airshow Huntington Beach Project 23 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 5.0 Findings Regarding Cumulative Impacts TABLE 3.7-1 RELATED PROJECT LIST Project No. Name/Location Description Status 1. Huntington's on the Conversion of a former fishing supply building into a new restaurant Under review Pier(21 Main Street and bar,with interior modifications and an addition of 530 sf to the with construction and 22 Main Street on existing 820 square-foot building,and conversion of a 409 square- anticipated to the Pier) foot existing public restroom into a public restroom building with begin in 2025. employee changing room/restroom/locker area and restaurant storage areas. 2. 414 Main Mixed Use A four-story mixed use project consisting of 5,000 sf of retail space, Under 20 residential condominium units,with 46 on-site parking spaces construction with mostly provided in a subterranean parking garage. occupancy late 2024. 3. 410 Main Mixed Use Construct an approximately 42,000 square-foot mixed use building Under review. with 28 condominium residential units,8,000 sf of ground floor retail space,and a subterranean parking garage. 4. Magnolia Tank Farm Construct a 211,000 square-foot lodge with 175 guest rooms and Under review. (21845 Magnolia guesthouse with 40 rooms,19,000 sf of retail,250 for sale dwelling Street) units(at 15 dwelling units per acre),2.8 acres of coastal conservation area to provide a buffer for the adjacent wetlands,and 2.8 acres of park. 5. AMG Residential Construct three residential buildings,each containing 7 stories of Under review. (19431 and 19471 residential units,totaling in 222 units and 141,440 sf. Beach Blvd) 6. Seacliff at Huntington Construct a 3-story,approximately 281,000 square-foot State- Under Beach Inspired Senior licensed assisted living and memory care facility with 226 guest construction Living Facility(2120 rooms and a subterranean parking garage on an approximately through late Main Street) 6.57-acre portion of the approximately 11.29-acre site. 2025. 7. ASCON Site On-going remedial clean-up activities;no surface development Approved and (Southwest corner of expected to occur and the site will ultimately become permanent Ongoing Magnolia Street at open space. Hamilton Avenue) 8. Pacific Coast Highway Construction of a continuous 10-mile long bicycle lane improvement Approved. (PCH)Caltrans project in both directions and associated safety features.Caltrans Construction not Improvement Project agreed,in conversation with the City,to identify the City's special yet started. events(i.e.,including,but not limited to,the Pacific Airshow,U.S. Surf Open,AVP Volleyball,etc.)as"non-construction dates"for the PCH Caltrans Improvement Project.In addition,Caltrans will shut down construction activities between Memorial Day and Labor Day to avoid the busy,summer,beach season.Construction activities will likely begin in 2025 and last through 2026 given the various "non-construction dates." NOTES: sf=square feet SOURCE:City of Huntington Beach,2024 Table 3.7-2 (below and on pages 3.7-5 through 3.7-6 of the Draft EIR)provides a summary of the Project-related impact conclusions and cumulative impact conclusions for each threshold evaluated in the EIR, including explanatory notes.Table 3.7-2 only identifies those thresholds carried forward for analysis in the Draft EIR,no matter the conclusion in the Draft EIR.As with the Draft EIR,the Initial Study/Notice of Preparation identifies thresholds that would result in no impact and,therefore,were not carried forward for analysis in the Draft EIR and,similarly,result in no cumulative impact. The full discussion of cumulative impacts can be found in Draft EIR Subsection 3.7, Cumulative Analysis. The Pacific Airshow Huntington Beach Project 24 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 5.0 Findings Regarding Cumulative Impacts TABLE 3.7-2 AIRSHOw PROJECT-RELATED AND CUMULATIVE IMPACT CONCLUSIONS Project- Related Impact Cumulative Impact Impact Statement Conclusion Conclusion Notes Air Quality Consistency with the Current Air Not Applicable. Project's incremental SCAQMD allows a lead Quality Management Plan. contribution is not agency to determine that a cumulatively considerable.' project's incremental contribution to a cumulative effect is not cumulatively considerable if the project is consistent with the current AQMP(this is not a CEQA Appendix G Threshold for a Project-related impact;Impact 3.1-1 addresses the CEQA Appendix Threshold). Impact 3.1-1:The Project would result Significant and Cumulatively considerable SCAQMD recommends that in significant impact if it would result in Unavoidable. contribution to a significant construction or operational a cumulatively considerable net cumulative impact. Project emissions are increase of any criteria pollutant for considered cumulatively which the project region is non- considerable if Project-specific attainment under an applicable federal emissions exceed an or state ambient air quality standard. applicable SCAQMD recommended significance threshold. Biological Resources Impact 3.2-1:The project would not Less than Project's incremental have a substantial adverse effect, Significant. contribution is not either directly or through habitat cumulatively considerable modifications,on any species identified to a significant cumulative as a candidate,sensitive,or special- impact. status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service. Impact 3.2-2:The project would not Less than Project's incremental interfere substantially with the Significant. contribution is not movement of any native resident or cumulatively considerable migratory fish or wildlife species or with to a significant cumulative established native resident or migratory impact. wildlife corridors,or impede the use of native wildlife nursery sites. Hazards and Hazardous Materials Impact 3.3-1:For a project located Less than Project's incremental within an airport land use plan or, Significant with contribution is not where such a plan has not been Mitigation. cumulatively considerable adopted,within two miles of a public to a significant cumulative airport or public use airport,the project impact. would not result in a safety hazard or excessive noise for people residing or working in the project area. Impact 3.3-2:The project could impair Significant and Project's incremental implementation of or physically interfere Unavoidable. contribution is not with an adopted emergency response cumulatively considerable plan or emergency evacuation plan. to a significant cumulative impact. The Pacific Airshow Huntington Beach Project 25 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 6.0 Findings Regarding Alternatives Project- Related Impact Cumulative Impact Impact Statement Conclusion Conclusion Notes Noise Impact 3.4-1 (On-Site Operational Significant and Cumulatively considerable Noise):The Project would result in a Unavoidable contribution to a significant significant impact from the generation with Mitigation. cumulative impact. of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Impact 3.4-1 (Off-Site Traffic Noise): Less than Project's incremental The Project would result in a significant Significant. contribution is not impact from the generation of a cumulatively considerable substantial temporary or permanent to a significant cumulative increase in ambient noise levels in the impact. vicinity of the Project in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies. Impact 3.4-2:The Project would not Significant and Cumulatively considerable generate excessive groundborne Unavoidable contribution to a significant vibration or groundborne noise levels. with Mitigation. cumulative impact. Transportation Impact 3.5-1:The project would not Less than Project's incremental conflict or be inconsistent with CEQA Significant. contribution is not Guidelines§15064.3,subdivision(b) cumulatively considerable. (as it relates to VMT) Impact 3.5-2:The project would not Less than Project's incremental result in inadequate emergency access. Significant. contribution is not cumulatively considerable. 6.0 Findings Regarding Alternatives Because the Project would result in significant and unavoidable environmental impacts after implementation of the mitigation measures,the City considered alternatives to the Project. In accordance with State CEQA Guidelines Section 15126.6(a), an EIR shall describe a range of reasonable alternatives to the project, or to the location of the project,which would feasibly attain most of the basic objectives of the project,but would avoid or substantially lessen any of the significant effects of the project,and evaluate the comparative merits of the alternatives.The Project's objectives are provided above in Section 3.2,Project Purpose and Objectives. The State CEQA Guidelines emphasize that the selection of project alternatives should be based primarily on the ability to reduce significant impacts relative to the proposed project,"even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly"5 The State CEQA Guidelines further direct that the range of alternatives 5 CEQA Guidelines Section 15126.6(b). The Pacific Airshow Huntington Beach Project 26 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 6.0 Findings Regarding Alternatives be guided by a"rule of reason,"such that only those alternatives necessary to permit a reasoned choice are analyzed.6 Based on the comparative alternatives analysis,an environmentally superior alternative is to be designated.In general,the environmentally superior alternative is the alternative with the least adverse impacts on the environment. If the environmentally superior alternative is the"no project"alternative,the EIR shall also identify another environmentally superior alternative among the other alternatives.? The EIR considers a total of five alternatives to the Project,two of which were considered but were not selected for further analysis including offsite location and avoidance of flying over Bolsa Chica, and the remaining three, including the No Project/No Airshow Alternative,are comprehensively evaluated in the EIR. Section 15126.6(e)(2)of the State CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR,and that if the"no project"alternative is the environmentally superior alternative,the EIR shall identify another environmentally superior alternative among the remaining alternatives. Selection of an environmentally superior alternative is based on comparison of the alternatives that would reduce or eliminate the significant impacts associated with the Project,and on a comparison of the remaining environmental impacts of each alternative to the Project's impacts. 6.1 Alternatives Considered and Rejected CEQA does not require that the alternatives be exhaustive, or require evaluation of alternatives that are not realistically feasible given the failure to meet project objectives or the availability of resources to support the alternatives. The following alternatives were rejected because implementation is considered remote and speculative or some of the goals and objectives would not be met. Offsite Location The Offsite Location Alternative would aim to be located further from sensitive biological resources. Sensitive habitat is located along the coastline including the Huntington Beach Wetlands,the Magnolia Marsh, and the Bolsa Chica Ecological Reserve(BCER). In order to be located away from the areas that contain more sensitive biological resources,the site would likely need to be at a more inland location,where there would be less space for attendees to congregate as well as fewer areas to view the Airshow compared to the Project Site. In addition,the likelihood of finding a location that would be able to accommodate the number of activities planned(Airshow,music festival,wave pool surf competitions, skateboard/BMX event, etc.)for the Airshow would be low. 6 Ibid.,Section 15126.6(f). 7 Ibid.,Section 15126.6(e)(2). The Pacific Airshow Huntington Beach Project 27 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 6.0 Findings Regarding Alternatives This Alternative was considered infeasible due to the fact that there are very few,if any, other locations within the City that are City-owned and would be able to provide the services and area for the Airshow to be conducted and viewed.The alternative site would need to be up to approximately 100 acres in size in order to accommodate the parking,viewing areas,and other activities.Per the CEQA Guidelines,the Offsite Location Alternative was rejected as infeasible using the criteria for off-site alternatives,including site suitability, economic viability, jurisdictional boundaries,whether the project proponent owns the site,and whether the project proponent can control site access. Some of the alternative sites considered that would be large enough to accommodate the activities include Edison High School and Central Park located in the City.Edison was rejected because this site would be closer to the Huntington Beach wetlands complex, and therefore,not necessarily further from sensitive biological resources. Central Park was also rejected due to the sensitive habitat and species that are present throughout the Park.Central Park has three freshwater lakes that are used by waterfowl and other birds.Portions of Central Park are also located closer to the BCER. Therefore,due to the proximity of sensitive habitat and sensitive species at the two locations most appropriate to be considered as alternative sites,these locations would not reduce impacts to biological resources. Avoidance of Flying over Boise Chica The Avoidance of Flying over Bolsa Chica Alternative would involve having the Pacific Airshow LLC instruct the air traffic controllers to avoid flying over the BCER. The purpose of this Alternative would be to reduce noise over the BCER and to avoid potential impacts to biological resources in the BCER. However,noise from commercial and private aircraft and helicopter flights over the BCER,including helicopters regularly landing at the helipad located within the BCER,is an existing condition. In addition,the Project already has controls and measures in place to prevent incursion into the BCER including providing a daily formal briefing(each day of the Airshow)to all Airshow pilots on the location and nature of the BCER;requesting that pilots minimize or avoid overflight of the BCER to the greatest extent possible;requesting that when overflight of the BCER cannot be avoided that it be at 1,000 feet above ground level(AGL)or above;advising Southern California Terminal Radar Approach Control(TRACON)as well as Los Alamitos Army Airfield Tower on the location and nature of the BCER and request that they avoid directing Airshow pilots to overfly the area to the greatest extent possible; establishing routes in/out of Airshow airspace and supporting airfields to avoid overflight of the BCER to the greatest extent possible; coordinating with Southern California TRACON and Los Alamitos Army Airfield Tower regarding directing airshow aircraft transiting to/from supporting airfields to fly as directly as able into the Airshow's restricted airspace which, in most cases,will prevent overflight of the BCER; discussing and sharing any report of otherwise avoidable incursion will be at the daily briefing and discussing with air traffic control representatives in the ongoing effort to identify and implement solutions to avoid overflight;and instructing parachute demonstration teams to keep streamer drops in close to the site or to refrain from using them all together if conditions permit to prevent incursion into the BCER. Since these measures are already in place for the 2024 Airshow and all Airshow events moving forward,the potential noise and incursion into the BCER is already being minimized to the extent feasible.In addition,the Project includes The Pacific Airshow Huntington Beach Project 28 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 6.0 Findings Regarding Alternatives a measure where a biological monitor is recommended to conduct monitoring at the Bolsa Chica Ecological Reserve and protected plover and tern nesting areas to confirm debris does not move into these areas and that low flyovers do not occur within these areas.Also, important to note is that the Airshow is scheduled for after breeding season. Therefore,since the BCER is already being avoided by the activities and measures listed above,this Alternative is not analyzed in further detail. 6.2 Alternatives Considered in Detail Alternative 1: No Project/No Airshow Alternative CEQA Guidelines Section 15126.6(e)requires analysis of a No Project Alternative that (1)discusses existing site conditions at the time the NOP is prepared or the Draft EIR is commenced and(2)analyzes what is reasonably expected to occur in the foreseeable future based on current plans if the Project were not approved. Under this Alternative,the Airshow and the associated activities are not occurring in 2024 or for the foreseeable future. Since the No Project Alternative assumes the Airshow would not take place,no new environmental impacts would occur under this Alternative. Alternative 2: 2023 Airshow Alternative Under the 2023 Airshow Alternative,the annual event would take place over 3 days, and would not include a music festival,helicopter and aircraft runway/display,skateboard/BMX competition,pyrotechnic shows, sandcastle building competition,and beach camping,among other activities/features noted in New Airshow Activities Anticipated for 2024 through 2034 in Section 1.6,Historic and Future Airshow Activities and Events Schedule.The Airshow would continue to be held annually Friday through Sunday during the fall season with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. Alternative 3: Reduced Project Alternative The Reduced Project Alternative would include a reduced size of the Airshow with no military aircraft or equivalent noise-producing jets being included in the Airshow.Based on information received from the President of the International Council of Airshows,John Cudahy8,airshows without military performers have less than half of the attendance of shows that include military aircraft.In fact, in 2013,when the United States Department of Defense cancelled its participation in civilian airshows, attendance decreases of 75 percent to 80 percent occurred. In addition,without military aircraft,the noise impacts from the flyovers would be reduced. Therefore,the Reduced Project Alternative is aimed to reduce noise impacts due to the type of aircraft being used.Additionally, evacuation impacts would be reduced due to both a decreased number of employees and a decreased number of attendees. 8 John B.Cudahy,President,International Council of Air Shows.Letter correspondence dated March 25,2024. The Pacific Airshow Huntington Beach Project 29 ESA/D202300046.01 Findings of Fact and Statement of Ovemding Considerations August 2025 6.0 Findings Regarding Alternatives The Reduced Project Alternative would not meet the following Project objectives: • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations,displays,food,and music. • Prove an event that promotes careers and opportunities in the Defense Forces. Since the Reduced Project Alternative would not include military flybys from military aircraft,the two above objectives would not be met in their entirety.In addition,since the Reduced Project Alternative would result in a decreased number of attendees,this alternative would also only partially meet the objectives of creating a net positive economic impact, increasing tax revenues, and continuing to provide jobs associated with the Airshow.With fewer attendees, it is anticipated that the positive economic impact,the potential tax revenues,tourism impact,quality level of show and the number of employees needed to staff the Airshow would all potentially be reduced. 6.3 Findings Regarding the Alternatives Of the alternatives analyzed in the EIR,the No Project Alternative is considered the environmentally superior alternative as it would avoid or reduce most of the potential impacts associated with operation of the Project.However, it would not meet the objectives of the Project. CEQA Guidelines require that,if the No Project Alternative is determined to be the environmentally superior alternative,an environmentally superior alternative must also be identified among the remaining alternatives.As such,the 2023 Airshow Alternative would result in the fewest environmental impacts as compared to the Project and is considered the Environmentally Superior Alternative. However,this alternative would not meet all of the Project Objectives.Furthermore,the 2023 Airshow Alternative would reduce the opportunity to gather since fewer events would be held over fewer days. The 2023 Airshow Alternative would not meet the following Project objectives in their entirety or to the extent the Project would: • Continue to provide a family-oriented,safe,educational, fun,and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations,displays,food,and music. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer, and event sponsors. • Increase in tax revenues(i.e.,sales tax and transit occupancy tax)to the City. • Continue to provide temporary and full-time jobs associated with the Airshow. Since the 2023 Airshow Alternative would not include a music festival, helicopter and aircraft runway/display, skateboard/BMX competition,pyrotechnic shows, sandcastle building competition, and beach camping,among other activities/features,fewer family-oriented events would be offered. With fewer activities, it is anticipated that the positive economic impact,the potential tax revenues, and the number of employees needed to staff the Airshow would each The Pacific Airshow Huntington Beach Project 30 ESA I D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 7.0 Findings Regarding the Final EIR potentially be reduced.In addition,without offering the events promoting the beach community, including beach camping and sandcastle building among others,there would be a reduced positive impact to the promotion of the Huntington Beach Pier and beaches. In conclusion,the 2023 Airshow Alternative is the Environmentally Superior Alternative; however, it does not meet all the Project Objectives. 7.0 Findings Regarding the Final EIR The Responses to Comments, provided as Chapter 3 of the Final EIR, includes the comments received during the public review period on the Draft EIR and the City's responses to these comments. The focus of the Responses to Comments is on the disposition of significant environmental issues as raised in the comments, as specified by State CEQA Guidelines Section 15088(c). The purpose of the Final EIR is to respond to all comments received by the City regarding the environmental information and analyses contained in the Draft EIR. Corrections and Additions to the Draft EIR,provided as Chapter 4 of the Final EIR,includes any clarifications/corrections to the text,tables,figures,and appendices of the Draft EIR generated either from responses to comments or independently by the City. The City finds that comments made on the Draft EIR,the responses to these comments, and revisions to the Draft EIR clarify or update the analysis presented in the document but do not change the analysis or conclusions of the Draft EIR. Accordingly,no significant new information,as described in State CEQA Guidelines Section 15088.5,was added to the EIR after the Draft EIR was made available for public review. The comments,responses to comments,and the clarifications to the Draft EIR do not trigger the need to recirculate the EIR pursuant to State CEQA Guidelines Section 15088.5. These changes merely clarify or update the discussion but do not change the analysis or conclusions of the Draft EIR.Based on the analysis in the Draft EIR,the comments received, and the responses to these comments,no substantial new environmental issues have been raised that have not been adequately addressed in the Draft EIR.Also,no changes to the analysis or conclusions of the Draft EIR are necessary based on the comments,the responses to the comments, and the revisions to the Draft EIR noted above. 8.0 Statement of Overriding Considerations The City finds on the basis of the Final EIR and the record of proceedings in this matter that the significant and unavoidable impacts of the Project are acceptable when balanced against the benefits of the Project. This determination is based on the following Project objectives and the substantial public,social,economic, and environmental benefits generated from the Project as identified in the Draft EIR,the Final EIR and the record of proceedings in the matter. The Project objectives include the following: • Continue to provide a family-oriented,safe,educational, fun, and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. The Pacific Airshow Huntington Beach Project 31 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 8.0 Statement of Overriding Considerations • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics, illustrations, displays,food,and music. • Prove an event that promotes careers and opportunities in the Defense Forces and in aviation. • Provide an event that promotes coastal access. • Continue to promote awareness and use of the Huntington Beach Pier and beaches. • Continue to promote awareness of the Huntington Beach hotels,restaurants, stores, and businesses across the City. • Continue to promote Huntington Beach and Southern California as a welcoming global tourism destination. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer,and event sponsors. • Increase in tax revenues(i.e.,sales tax,transit occupancy tax, and property tax)to the City. • Continue to provide temporary and full-time jobs associated with the Airshow. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve,the Huntington Beach Wetlands,the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. Based on the analysis provided in Draft EIR Chapter 3,Environmental Setting, Impacts, and Mitigation Measures,implementation of the Project will result in significant impacts that cannot be feasibly mitigated with respect to Air Quality,Hazards and Hazardous Materials,and Noise. Considering the information contained in and related to the Final EIR,and pursuant to CEQA Guidelines Section 15092,the City of Huntington Beach finds that in approving the Project, it has eliminated or substantially lessened all significant and potentially significant effects of the Project on the environment where feasible as shown in these Findings. The City of Huntington Beach further finds that it has balanced the economic,social,technological, and other benefits of the Project against the remaining unavoidable environmental risks in determining whether to approve the Project and has determined that those benefits outweigh the unavoidable risks and that those risks are acceptable.Additionally,the City of Huntington Beach finds that each of the listed Project benefits described above provides a separate and independent ground for its decision to adopt this Statement of Overriding Considerations and approve the Project.The City of Huntington Beach makes this statement of overriding considerations in accordance with CEQA Guidelines Section 15093 in support of approval of the Project. Specifically,in the City's judgment,the benefits of the Project,as proposed,outweigh the significant and unavoidable impacts,and the Project should be approved. The Pacific Airshow Huntington Beach Project 32 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 Response to California State Lands Commission Comment Letter (dated August 22, 2025) The City of Huntington Beach(City)received a letter from the California State Lands Commission(SLC) on August 22, 2025, in response to submittal of the Huntington Beach Airshow (Project) Final Environmental Impact Report(EIR)to all commenting public agencies, including the SLC.. The SLC references a video taken by the California Department of Fish and Wildlife(CDFW)staff of 2021 Airshow overnights at the Bolsa Chica Ecological Reserve (BCER) that was previously provided to the City,as well as new videos taken during the 2023 and 2024 Airshow,all of which are intended to document potential impacts on avian species.The videos provided at the link included in the SLC's letter show what appear to be aircraft associated with the Airshow along with birds flying over the BCER. The videos lack sufficient evidence to support a clear correlation between the aircraft flights and the avian response of birds because they are short recordings as the aircraft are flying overhead (IMG_115.mov, IMG_1129, TC_00045.mov, TC_00051.mov). The duration of the videos are very short (generally less than 30 seconds),and are not of sufficient length to provide accurate insight into avian behavior or confirmation of adverse impacts to avian species. This includes how species behaved prior to the overhead flight, as well as following aircraft departure, for an appropriate length of time to make a scientifically significant determination on how common and sensitive species are impacted. While it reasonable that birds may have responded to noise from the aircraft by temporarily taking flight, no sufficient evidence is shown that the species did not eventually return to the locations and activities prior to aircraft overflights.Additionally,at the end of video TC_00045.mov,it appears the birds return to the ground adjacent to the location they were seen flying over.Avian species displaying occasional flushing and returning to resume activities within the BCER is consistent with what the City's biologists observed during 2023 monitoring activities. As noted in Table 3.2-2 of the Final EIR and described in Master Response C (Timing of the Airshow Relative to Bird Nesting Seasons), there are currently routine helicopter flights conducted by CDFW and the oil rig operators over the BCER, as well as daily overflights from private and commercial aircraft. These flights occur year-round, including during the active nesting season (March—September), without any documentation of significant impacts to nesting species on the BCER. Even in the absence of external factors, coastal avian species in particular, regularly relocate and return to locations as part of normal behavior(i.e.,moving to a new foraging locations).For these reasons, it is likely that the behaviors shown in the videos are a regular occurrence at the BCER, in response to both ambient and external conditions (e.g. regular CDFW, commercial, and private fly-overs), including on a typical day when the Airshow is not occurring.The bird behaviors shown in the videos and observed during the 2023 biological monitoring activities(i.e.flushing and returning), is a result of adaptation to existing conditions at the BCER. In addition to the pre-activity surveys,monitoring,and establishment of on-the-ground disturbance buffers proposed in the Final EIR as part of the project design features, a California Coastal Commission(CCC) Coastal Development Permit(CDP)was issued with the condition to develop and implement a Biological Monitoring Plan to measure noise levels and related impacts to biological resources, with an objective to empirically measure and determine potential and realized impacts to birds, and address whether the sound levels and behavioral disturbances are the same as ambient conditions during a typical day when the Airshow is not occurring.The CDP Permit includes specific requirements for data collected and monitoring metrics that will be reported within 60 days of completion of the Airshow,prepared by a qualified biologist and acoustician,to document,analyze,and explain whether the monitoring data demonstrates the Airshow may or may not result in an impact to birds. The requirement for biological monitoring is included in both the Final EIR and is also required by the CCC as a requirement in the CDP. If adverse impacts to birds are observed during monitoring activities, the biological monitor will consult with the City and Applicant and, as appropriate, the California Coastal Commission and/or California Department of Fish and Wildlife, to identify feasible measures to reduce or avoid any identified and empirically documented potential impacts. The SLC requested a copy of the 2023 Biological Monitoring Report. This report can be found in Appendix D of the Draft EIR, which was made available for public review on February 20, 2025. However, as requested by the SLC,the City will send a copy of the 2023 Biological Monitoring Report along with the Final EIR,Mitigation Monitoring and Reporting Program,Notice of Determination,Resolution No. 2025- 54 and the CEQA Findings of Fact and Statement of Overriding Considerations upon certification by the City Council. Finally, it should be noted that the comments raised by the SLC after the Final EIR was published and distributed do not raise significant new information about the project or have the potential to result in a new significant environmental impact or substantially increase the severity of an environmental impact. As such, in accordance with Section 15088.5 of the CEQA Guidelines, recirculation of the EIR prior to certification is not required. RESOLUTION NO. 2025-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH#2024020006) FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT WHEREAS, Environmental Impact Report No. 25-003, State Clearinghouse #2024020006 ("EIR") was prepared by the City of Huntington Beach ("City") to address the environmental implications of the proposed Pacific Airshow Huntington Beach Project (the "Project"); and • On February 1, 2024 a Notice of Preparation for the Project was distributed to the State Clearinghouse, other responsible agencies, trustee agencies and interested parties; and • After obtaining comments received in response to the Notice of Preparation, the City completed preparation of the Draft EIR and filed a Notice of Completion with the State Clearinghouse on February 20, 2025; and • The Draft EIR was circulated for public review and comment from February 20, 2025 to April 7, 2025 and was available for review at several locations including Community Development Department, Central Library, and the City's website; and • • On September 2, 2025 the City Council held a public meeting on the EIR and certified the EIR as adequate and complete; and WHEREAS,public comments have been received on the Draft EIR, and responses to those comments have been prepared and provided to the City Council; and WHEREAS,Public Resources Code 21092.5(a)requires that the City of Huntington Beach provide a written response to any public agency that commented on the Environmental Impact Report, and the Response to Comments included in the Final Environmental Impact Report satisfies this provision; and WHEREAS,the City Council held a public meeting on the EIR on September 2, 2025 and received and considered public testimony. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. Consistent with CEQA Guidelines Section 15132, the Final EIR for the Project is comprised of the Draft EIR and Appendices, the comments received on the Draft EIR, the Responses to Comments (including a list of persons, organizations, and public agencies commenting on the Draft EIR), the Text Changes to the Draft EIR (bound together with the Responses to Comments) and all Community Development Department Staff Reports to the City Council, including all minutes, transcripts, attachments and references. All of the above RESOLUTION NO. 2025-54 information has been and will be on file with the City of Huntington Beach Department of Community Development, 2000 Main Street, Huntington Beach, California 92648. SECTION 2. The City Council finds and certifies that the Final EIR is complete and adequate in that it has identified all significant environmental effects of the Project and that there are no known potential environmental impacts not addressed in the Final EIR. SECTION 3. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the Project is approved, all significant effects which can feasibly be mitigated or avoided have been mitigated or avoided by the imposition of mitigation measures on the Project. All mitigation measures are included in the "Mitigation Monitoring Reporting Program" attached as Exhibit A to this Resolution and incorporated herein by this reference. SECTION 4. The City Council finds that the Final EIR has described reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and in the review process of the Final EIR and ultimate decisions on the Project. SECTION 5. The City Council finds that no "substantial evidence" (as that term is defined pursuant to CEQA Guidelines Section 15384) has been presented that would call into question the facts and conclusions in the EIR. SECTION 6. The City Council finds that no "significant new information" (as that term is defined pursuant to CEQA Guidelines Section 15088.5) has been added to the Final EIR after circulation of the Draft EIR. The City Council finds that the minor refinements that have been made to the Project as a result of clarifications in the mitigation measures and EIR text do not amount to significant new infouivation concerning the Project, nor has any significant new information concerning the Project become known to the City Council through the public hearings held on the Project, or through the comments on the Draft EIR and Responses to Comments. SECTION 7. The City Council finds that the Mitigation Monitoring Reporting Program establishes a mechanism and procedures for implementing and verifying the mitigations pursuant to Public Resources Code 2108.6 and hereby adopts the Mitigation Monitoring Reporting Program. The mitigation measures shall be incorporated into the Project prior to or concurrent with Project implementation as defined in each mitigation measure. Compliance with the Mitigation Monitoring and Reporting Program shall be required as a condition of issuance of a specific event permit. SECTION 8. The City Council finds that the Final EIR reflects the independent analysis and judgment of the City of Huntington Beach City Council, that the Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained in the Final EIR. SECTION 9. The City Council finds that the Final EIR serves as adequate and appropriate environmental documentation for the Project. The City Council certifies that the Final EIR 2 RESOLUTION NO. 2025-54 prepared for the Project is complete, and that it has been prepared in compliance with the requirements of the California Environmental Quality Act and CEQA Guidelines. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on Sept. 2 , 2025. Mayor 7AT APPROV D AS TO FORM: 41tottAKair ____1 Ci Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: �/�v/Z ity Manager Direct r of Community Development Exhibit A: Mitigation Monitoring Reporting Program 3 EXHIBIT A Reso No. 2025-54 Exhibit"A" Mitigation Monitoring and Reporting Program CEQA Requirements Section 15091(d)and Section 15097 of the CEQA Guidelines require a public agency to adopt a program for monitoring or reporting on the changes it has required in the project or conditions of approval to substantially lessen significant environmental effects.This Mitigation,Monitoring and Reporting Program(MMRP)summarizes the mitigation commitments identified in the Pacific Airshow(Airshow or Project)EIR(State Clearinghouse No.2024020006).Mitigation measures are presented in the same order as they occur in the Draft EIR. Further,to ensure enforceability of the biological monitoring efforts,a Project Description feature voluntarily is included in the MMRP that requires biological monitoring before and during the Airshow. Because there are no significant impacts associated with the temporary Airshow activities on biological species,biological monitoring is not required as a mitigation measure. The columns in the MMRP table provide the following information: • Mitigation Measure(s): The action(s)that will be taken to reduce the impact to a less-than- significant level. • Implementation,Monitoring,and Reporting Action: The appropriate steps to implement and document compliance with the mitigation measures. • Responsibility: The agency or private entity responsible for ensuring implementation of the mitigation measure. However,until the mitigation measures are completed,the City, as the CEQA Lead Agency,remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the MMRP(CEQA Guidelines, Section 15097(a)). • Monitoring Schedule: The general schedule for conducting each task.Because the proposed project does not include a construction phase,the general schedule is summarized as either "prior to operation"and/or"during operation". The Pacific Airshow Huntington Beach Project I MMRP Final Environmental Impact Report August 2025 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule Hazards and Hazardous Materials HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit(WHSV) • Conduct one WHSV prior to the start of the annual Applicant Prior to the start of the prior to the start of the annual Airshow(beginning in 2024)following the protocol Airshow prior to the start of the annual Airshow. • annual Airshow developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site • Conduct field observations over one day at dawn, Visits, Wildlife Hazard Assessments,and Wildlife Hazard Management Plans(Federal noon,and dusk from a variety of pre-determined Aviation Administration,Advisory Circular 150/5200-38,August 2018 to evaluate locations to ensure complete visual coverage of the potential risk of wildlife strikes at airports,specifically for the proposed temporary aircraft location of the temporary runway and immediate landing pad on the beach during all future Airshow events.The WHSV shall include field observations conducted over one day at dawn,noon,and dusk from a variety of pre- determined surroundings prior to the start of the annual Airshow. locations to ensure complete visual coverage of the location of the temporary • Record all signs of birds,mammals,habitat attractants, runway and immediate surroundings.All signs of birds,mammals,habitat attractants, and wildlife/habitat relationship observations prior to and wildlife/habitat relationship observations shall be recorded. the start of the annual Airshow. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife • Prepare a wildlife hazard site visit memorandum species or signs observed during the surveys,federal and state status of the species following the annual Airshow observed,habitat features that may encourage wildlife,natural and artificial wildlife attractants,strike data analysis,and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. HAZ-2:A qualified biological monitor will be on-site during event performances for the • Monitor and document bird activity during aircraft Applicant During the annual duration of the event(3-5 days)to document bird activity during aircraft flyovers and flyovers and take-off and landing within the Show Airshow take-off and landing within the Show Center Area.Biological monitoring will also inform Center Area during the annual Airshow. recommendations to reduce wildlife hazards.Based on monitoring observations, recommendations may include the following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment(e.g.,lasers)to disperse birds. • Noise NOI-1:The applicant shall implement the following measures for the duration of the • Placement of the nearest speaker shall be placed at Applicant During the annual event: least 475 feet away from any nearby sensitive receptor Airshow • The nearest speaker shall be placed at least 475 feet away from any nearby and any subsequent speakers shall be separated from sensitive receptor and any subsequent speakers shall be separated from other other speakers by 25 feet parallel to Pacific Coast speakers by 25 feet parallel to Pacific Coast Highway.Speakers shall also be Highway.Speakers shall also be positioned in a positioned in a manner that would not point directly towards any nearby manner that would not point directly towards any sensitive receptor and,instead,face the beach/ocean. nearby sensitive receptor and,instead,face the A temporary noise barrier of at least 10 feet in height and constructed of beach/ocean. • plywood or using a sound blanket shall be installed on public property nearest • Placement of a temporary noise barrier shall be to the sensitive receptors to the west of the proposed music festival area installed on public property nearest to the sensitive (Huntington Pacific Beach House Condo complex at 701 Pacific Coast receptors to the west of the proposed music festival Highway).The temporary noise barriers shall block the line-of-sight between area(Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway). The Pacific Airshow Huntington Beach Project 2 MMRP Final Environmental Impact Report August 2025 Mitigation Monitoring and Reporting Program Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule the music festival attendees and similarly elevated ground-level noise- sensitive receptors. Project Design Feature Project Design Feature 1:The following will occur to ensure that potential impacts to • Pre-airshow activities would occur at least one week Applicant Prior to the start of the nesting birds remain less than significant: beyond the end of the identified nesting season for the annual Airshow and • Pre-airshow activities would occur at least one week beyond the end of the California least tern and the western snowy plover and during the annual identified nesting season for the California least tern and the western snowy well beyond the end of the identified nesting season for Airshow plover and well beyond the end of the identified nesting season for the light- the light-footed Ridgway's rail and general avian footed Ridgway's rail and general avian species. species. • Monitoring efforts will be conducted before and during the Airshow to survey Monitoring efforts to be conducted prior and during the for nests and provide measures to avoid potential impacts. annual Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings have and will continue to occur,although the outcome of those briefings cannot be guaranteed. • Daily briefings to occur prior to the start of the annual Airshow. The Pacific Airshow Huntington Beach Project 3 MMRP Final Environmental Impact Report August 2025 Res. No. 2025-54 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, LISA LANE BARNES, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of ge was d by theHuntington affirmativeBeach voteisseven;of at leastthat athe maforejority ofoing allr thesolution memberspasse of said Cityand Councadoptedil at a Regular meeting thereof held on September 2, 2025 by the following vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel NOES: Williams ABSENT: None ABSTAIN: None te,m, City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California _.: _ __ _ _. _ . _______ _ _ ... .. • -• - -- - - ---- - - - , — --;,;(-; - ---- - i , / / „ RESOLUTION NO 2025-54 / '1 / • 1 A.RESOLUTION OF THE Crhi C•OUNCIL OF THE /7 CITY OF HUNTINGTON. ,SEAM;CERTIFYING THE, / ENVIRONMENTAL IMPACT RErpgT,(srolo2N-40099.6) 1 FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT / 3 13:m , .il.,vitoriitieptal inli)40'Repot No.,254Q3,',State:cleatingliotie i #2024020006, ("EIR"),,w4.5 prepared.by the city of Huntington'4eiic1). ("City")"to,:address the environmental implications of the proposed Pacific Airshow Itington Beach Project:(the ii litifeet") and i :0 On Febtuary 1, 2024 a NotiCd:•of Prepaittiroit for the PrOjed Was diStributed to the State, Clearinghouse,other responsible agepeiA1107.rageiicie$::Aia interested parties,and • Aftpr, **pin comments received in:response to the Notice of'•Preparation, the City comPleted preparation of the orevglg ma filed a Notice of Completion with the:State: Clearitighonse on February 20,2025:;71 i N! The Draft EIR.was circulated for.1..,' lie&reVid*and cOmment from February 20,2025 to, i ,AP.41 7, 2025::and was a;v:All4:b10 ok:review at several locations including Community 1 , DeyclopmentPepattrnent,.Central Library,and the City's website;and • On Aug*19,425:the City Council held a public meeting on the iEIR and certified the EIR as adequate :and and:corn ete;/I WHEREAS,public co rnents::havebeenreceiVed on the Draft EIR,,and responses to those .., ,corimptitOlave bpi:I.79 a and provided to the Ciqf Councib and 1 WHEREAS,Pu ieResources Cdde 21092..5W requires that City of Huntington Beacb, 1 provide a written tea 6:Ise to any public agency that COttikiented on the Environmental Impact Report, and the.R ' porise to Comments included in'the Final Environmental Impact Report 1 i satisfies this provision;and 1 WHE' 'AS, the:civ Council held a public meeting on the EIR on August 19,2025 and I z ,reeeiVed and:Onlideredpnblie testimony: • i N 0 wi THEREFORE,:he City:Councitof the City of Huntington Xteach does h- -by ieSOlVe.as follows:. 1 SECTION 1. Consistent with:e, OA.Guidelines Seetion, 15132, the Final EIR for the 1 :PrOlject is'comprised of the Pratt EIR and Appendices, the comments received on the OrgO, A3:, thiO Responses to Comments (including a list of persons, organizations, and: public agencies !; commenting on the Draft Elk), the Text Changes to the Draft EIR (bound together with the : :I eSponses to Comments)and all COMMunity Development Department Staff Reports to the City /R. , d Council, incligliTig all mip4tps.,:, trat)Serhitai Attaohtgmo and roteteneos, All of'the above , 11, :21,10814/3: 4967 P, 162 g f _ ! . ........-,.:..----..-. ..- . -. .. ... , . . -. - ' ... • - .-— -.. ''-"-' ."'"R.ESPPLFPQN Ncki::2.025.5 4'.."--."..' . "'. 't fi. information has. been.and Will be on file With the City of titintirigtOti.: each Department of.' -Cainnumity...Development,2009.Main Street,:Huntington Beach, California 92648. ... f' SECTION Z., The:.City Council.finds and certifies that the Final.EIR is .complete and. ;1 i „adequate inthat it has identified all tighifight:diviideiniehta dtftts-afthePrOjeat andthat there . . . arenO:knoWn potential environmental impacts uot ad:cfre,,$ed.iii.theiimi,:Elg, / • i ,/ SECTIQN3. The -Pity Council finds that although;the.Final .EIR,/identifies certain : Significant environmental..effects that will result if the PrOjett is approved, all significant effects 'which can feasibly be mitigated or avoided have been mitigated Or.aVaid,:df'by the imposition of ; mitigation-measures an the:projeet. .Al -mitigation measures are *hided in.the cVitigaiion. Monitoring Reporting Program"...attached as Exhibit A.tq'tibis:R*plutifpatar4 incorporated li: rein. by this reference. / LE / / / SECTION 4.. The City Canneft.•finds that the .Final EIR has described reasonable. ., alternatives.:to the Project could feasibly abi4in the ha*:.:-AiNeetilms:-000-igProject. Further, the City .COutieii, finds that :a good faith effort was:made to incorporate.alternatives in the I ,preparation Of the Draft EIR:and in the reVievirprobeas,ofthefinal EIR and ultirriatedeciSionS on. 1 theProjeat ,,,r/ il SEPTIQN.$ 'The :04Y. Council finds that no "substantial evidence" as that term: is :1 defined pursuant to.CEQA Guidelines.:Sectionr45384) has.been,presented that would call into 5 4heStion thefaCtSand.-doneh.tsioriS hi thetiR/ q 11 SECTION.6,. :The:City,Ca ttneil pfivisthatuo "signifi6auttow:infOtzutice (as tbatterth :is defined pursuant to CQ.4....Gnidelitici Section'lQ.085) has,been added tete,Final..EIR.Aftq circulation of the Draft,EIR.. The City-Council finds.that the minorrefinements,that have been . 1•.' made to the?ruled as a result of clarifications in the mitigation measures and EIR text do not amount to sigoifioaut, new :information -concerning the.Project, nor has any ., iguiReuut,new information concerning:the Project become known the City Council through the public hearings [ lielden the;Projectaptiraugh$7Le comineataenthepraft EIR 444 Rpvqns.esto,pomxilAts, / . SECTION‘7... The City Council firidS that the Mitigation Whitet:in' Reporting Program establishes estihtishos.,.p.'hwehotiith:04.procedoes.:for implementing and verifying the Mitigations pursuant to Public Resources Code 1103..$: and hereby adopts the Mitigation Monitoring lReporting ,- Program. The Mitigation measures shall be incorporated into the Project:prior to or concurrent f with Pro ctimplei±entatio:n...ai dernia.iii eachmi..tiônoaeasure. $FCTION'L. The...ci:ty,Council finds that the Final:ETA reflects the independent review ) iAr.14.lOgr1190..9f the City of Huntington Beach City Council, that*-fhl..Final PR:I.N.44!.presented to I the City Co'uncil and that the City Council reviewed and considered the information contained in the FirialEIR. / . ;. / SECTION 9:., The City Council finds that the Final EIR 4:erves,a,,,a4equute.And appropriate • environmental documentation:for the:.Project The City Council certifies that the Final EIR - • 1 repared for the PrOjeCt is emote*, and that.it has been prepared it compliance With the requirementsof. CalifarriiaEriVikohniental Quality Att.arid.:CEQ?k.Guidelines.. J 1 2 1 163 • 1 - i i f • RESOLUTIONNO2025..754 — .1 i i k ' t i PASSED AND ADOPTED by.the City Council of the.City Of Hizatipgtop: Beach aka:, regular meeting theredhcld on ,2025. / 1 / / Mayor / / / ATTEST: APPROVED ASIO FORM: / • City Clerk. City.Attorney / i". REYIE.WEI),A/4D APPROVED.; INITIATED AND Al'F'ROVED: ! i 4 City Manager irecto oftommunity Development '1 (, / Exhibit A:Mitigation;Monitoring.Reporting PrOiliatii 1 / 1 i / - if / 1 / 1 lit / , -, , / / 1 •, 1 ( , 1 , # - i . f 3 164 EXHIBIT A Mitigation Monitoring and Reporting Program CEQA Requirements Section 15091(d)and Section 15097 of the CEQA Guidelines require a public agency to adopt a program for monitoring or reporting on the changes it has required in the project or conditions of approval to substantially lessen significant environmental effects.This Mitigation,Monitoring and Reporting Program(MMRP)summarizes the mitigation commitments identified in the Pacific Airshow(Airshow or Project)EIR(State Clearinghouse No.2024020006).Mitigation measures are presented in the same order as they occur in the Draft EIR.Further,to ensure enforceability of the biological monitoring efforts,a Project Description feature voluntarily is included in the MMRP that requires biological monitoring before and during the Airshow. Because there are no significant impacts associated with the temporary Airshow activities on biological species,biological monitoring is not required as a mitigation measure. The columns in the MMRP table provide the following information: • Mitigation Measure(s): The action(s)that will be taken to reduce the impact to a less-than- significant level. • Implementation,Monitoring,and Reporting Action: The appropriate steps to implement and document compliance with the mitigation measures. • Responsibility: The agency or private entity responsible for ensuring implementation of the mitigation measure.However,until the mitigation measures are completed,the City,as the CEQA Lead Agency,remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the MMRP(CEQA Guidelines, Section 15097(a)). • Monitoring Schedule: The general schedule for conducting each task.Because the proposed project does not include a construction phase,the general schedule is summarized as either "prior to operation"and/or"during operation". The Pacific Airshow Huntington Beach Project I MMRP Final Environmental Impact Report August 2025 165 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule Hazards end HazardODUs Mate►leis, - , - " : HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit(WHSV) • Conduct one WHSV prior to the start of the annual Applicant Prior to the start of the prior to the start of the annual Airshow(beginning in 2024)following the protocol Airshow prior to the start of the annual Airshow. annual Airshow developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site • Conduct field observations over one day at dawn, Visits, Wildlife Hazard Assessments,and Wildlife Hazard Management Plans(Federal • noon,and dusk from a variety of pre determined . Aviation Administration,Advisory Circular 150/5200-38,August 2018 to evaluate locations to ensure complete visual coverage of the potential risk of wildlife strikes at airports,specifically for the proposed temporary aircraft location of the temporary runway and immediate landing pad on the beach during all future Airshow events.The WHSV shall include field surroundings prior to the start of the annual Airshow. observations conducted over one day at dawn,noon,and dusk from a variety of pre- v' al coverageof the location of the temporary • Record all signs of birds,mammals,habitat attractants, determined locations to ensure complete visual p ry runwayand immediate surroundings.All signs of birds,mammals,habitat attractants, and wildlife/habitat relationship observations prior to 9 • and wildlife/habitat relationship observations shall be recorded. the start of the annual Airshow. • A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife • Prepare a wildlife hazard site visit memorandum species or signs observed during the surveys,federal and state status of the species following the annual Airshow , observed,habitat features that may encourage wildlife,natural and artificial wildlife attractants,strike data analysis,and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. HAZ-2:A qualified biological monitor will be on-site during event performances for the • Monitor and document bird activity during aircraft Applicant During the annual , duration of the event(3-5 days)to document bird activity during aircraft flyovers and flyovers and take-off and landing within the Show Airs how take-off and landing within the Show Center Area.Biological monitoring will also inform Center Area during the annual Airshow. recommendations to reduce wildlife hazards.Based on monitoring observations, recommendations may include the following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment(e.g.,lasers)to disperse birds. e _ , . • :. NOI-1:The applicant shall implement the following measures for the duration of the • Placement of the nearest speaker shall be placed at Applicant During the annual event: least 475 feet away from any nearby sensitive receptor Airshow , • The nearest speaker shall be placed at least 475 feet away from any nearby and any subsequent speakers shall be separated from sensitive receptor and any subsequent speakers shall be separated from other other speakers by 25 feet parallel to Pacific Coast speakers by 25 feet parallel to Pacific Coast Highway.Speakers shall also be Highway.Speakers shall also be positioned in a positioned in a manner that would not point directly towards any nearby manner that would not point directly towards any sensitive receptor and,instead,face the beach/ocean. nearby sensitive receptor and,instead,face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of plywood or using a sound blanket shall be installed on public property nearest • Placement of a temporary noise barrier shall be • to the sensitive receptors to the west of the proposed music festival area installed on public property nearest to the sensitive (Huntington Pacific Beach House Condo complex at 701 Pacific Coast receptors to the west of the proposed music festival Highway).The temporary noise barriers shall block the line-of-sight between area(Huntington Pacific Beach House Condo complex , at 701 Pacific Coast Highway). The Pacific Airshow Huntington Beach Project • 2 MMRP, _ Final Environmental Impact Report August 2025 • 166 Mitigation Monitoring end Reporting Program • Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule the music festival attendees and similarly elevated ground-level noise- sensitive receptors. protect Deeigr;!Feature . Project Design Feature 1:The following will occur to ensure that potential impacts to • Pre-airshow activities would occur at least one week Applicant Prior to the start of the nesting birds remain less than significant: beyond the end of the identified nesting season for the annual Airshow and • Pre-airshow activities would occur at least one week beyond the end of the California least tern and the western snowy plover and during the annual identified nesting season for the California least tern and the western snowy well beyond the end of the identified nesting season for Airshow plover and well beyond the end of the identified nesting season for the light- the light-footed Ridgway's rail and general avian footed Ridgway's rail and general avian species. species. • • Monitoring efforts will be conducted before and during the Airshow to survey • Monitoring efforts to be conducted prior and during the for nests and provide measures to avoid potential impacts. annual Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings have and will continue to occur,although the outcome of those briefings cannot be guaranteed. • Daily briefings to occur prior to the start of the annual Airshow. • • The Pacific Airshow Huntington Beach Project 3 MMRP • . Final Environmental Impact Report _ August 2025 167 California Environmental Quality Act Findings of Fact and Statement of Overriding Considerations for the Pacific Airshow Huntington Beach Project Final Environmental Impact Report 1 .0 Introduction Pursuant to the California Environmental Quality Act(CEQA;California Public Resources Code, Section 21081),the potential environmental effects of the proposed Pacific Airshow(Airshow or Project)have been analyzed in a Draft Environmental Impact Report(Draft EIR or EIR)(State Clearinghouse[SCH]No.2024020006)prepared by the City of Huntington Beach(City)and published on February 20,2025.In accordance with Section 15121 of the State CEQA Guidelines,the Draft EIR identifies the significant environmental effects associated with the Project and ways to minimize the significant environmental effects through mitigation measures or reasonable alternatives to the Project.A Final EIR has also been prepared by the City that consists of a list of persons,organizations,and public agencies commenting on the Draft EIR; comments received on the Draft EIR;responses to those comments;and corrections and additions made to the Draft EIR either in response to a comment or as initiated by City staff. 1 .1 Statutory Requirements for Findings CEQA and the State CEQA Guidelines(Guidelines,California Code of Regulations,Title 14, Section 15091)states that no public agency shall approve or carry out a project for which an EIR has been certified that identifies one or more significant effects of the project on the environment unless the public agency makes one or more written findings for each significant effect, accompanied by a brief explanation of the rationale of each finding.The possible findings are: 1. Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic,legal,social,technological,or other considerations,including provision of employment opportunities for highly trained workers,make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City of Huntington Beach as the lead agency pursuant to CEQA for the Project has made specific written findings regarding each significant impact 1 associated with the Project,which is discussed,along with a presentation of facts in support of the findings,in Section 4,Findings Required Under CEQA. Section 5, Evaluation of Alternatives,provides written findings and facts in support of the fmdings for each of the alternatives addressed in Chapter 4,Alternatives,of the 1 While not required by CEQA,the Findings(in Section 4.0)also address Findings of No Impact or Less Than Significant Impacts Prior to Mitigation. The Pacific Airshow Huntington Beach Project I ESA/D202300046.01 Findings of Fact and Statement of OveMding Considerations August 2025 168 1.0 Introduction Draft EIR. Section 6,Findings Regarding the Final EIR,presents fmdings on disposition of the comments received on the Draft EIR. Chapter 3,Environmental Setting, Impacts, and Mitigation Measures,of the Draft EIR describes the potential environmental impacts of the Project and recommends mitigation measures to reduce impacts,where feasible.As discussed in the Draft EIR,implementation of the Project would result in significant impacts related to air quality,hazards and hazardous materials,and noise even with implementation of feasible mitigation measures.For these environmental issues,impacts are considered significant and unavoidable.In accordance with Section 15093(b)of the State CEQA Guidelines,the City has prepared a Statement of Overriding Considerations that states the specific benefits of the Project that outweigh the unavoidable,adverse environmental impacts. Concurrent with the adoption of the Findings and Statement of Overriding Considerations,the City will also adopt the Mitigation Monitoring and Reporting Program(MIvfRP). This document is organized as follows: Section 1.0,Introduction,provides a brief overview of the Findings and Statement of Overriding Considerations. Section 2.0,Procedural Compliance with CEQA, describes the EIR preparation process and the procedural steps that have been followed to comply with CEQA,including public meetings, public comment periods,noticing of the Draft and Final EIRs,and the location where these documents were available for review. Section 3.0,Description of the Project,provides the Project location,the Project Purpose and Objectives,and a summary description of the Project.A complete description of the Project and requested approvals can be found in Chapter 2,Project Description,of the Draft EIR. Section 4.0,Findings Regarding Environmental Impacts,provides the necessary fmdings to be made for Project-related impacts,including Findings of No Impact or Less Than Significant Impact in the Initial Study/Notice of Preparation(Subsection 4.1),Findings of No Impact or Less Than Significant Impact in the Draft EIR(Subsection 4.2),Findings Regarding Impacts Determined to Be Mitigated to Less Than Significant Levels(Subsection 4.3),and Findings Regarding Impacts Determined to Be Significant and Unavoidable(Subsection 4.4). Section 5.0,Findings Regarding Cumulative Impacts,provides the necessary findings to be made for cumulative impacts related to the Project. Section 6.0,Findings Regarding Alternatives,provides the necessary findings to be made for the different Project alternatives,including a comparison with the Project and reasons for rejecting the alternatives. Section 7.0,Findings Regarding the Final EIR,provides a determination regarding the Final EIR Section 8.0,Statement of Overriding Considerations,sets forth the City's specific economic, legal,.social,technological,and other considerations that support approval of the Project notwithstanding the significant unavoidable impacts that could occur. The Pacific Airshow Huntington Beach Project 2 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 169 2.0 Procedural Compliance with CEQA 2.0 Procedural Compliance with CEQA 2.1 Public Participation Process Notice of Preparation and Scoping On February 1,2024, in accordance with Sections 15082 of the State CEQA Guidelines,the City published a Notice of Preparation(NOP)of the Draft EIR,and circulated it to the State Clearinghouse,resources agencies,and interested parties.The NOP requested comments on the scope of the Draft EIR.The comment period extended from February 1,2024,through March 4, 2024,for a period of 33 days.The NOP provided a description of the Project location,existing site conditions and surrounding land uses,land use and zoning designations,Project background, Project characteristics,historic and continued airshow activities and events,new airshow activities anticipated for 2024 through 2034,the airshow performer schedule,airshow performers, airport origin,airshow flight paths,and airshow performance duration,the show center area layout and event viewing, access,ingress/egress,road closures,and parking,airshow set up and site breakdown,event security and evacuation,utilities,and review and approvals. On February 21,2024,the City held an in-person public scoping meeting to obtain public comments and suggestions from interested parties on the scope of the Draft EIR. On February 22, 2024,the City held a virtual scoping meeting for public agencies.The in-person public scoping meeting was held at the Huntington Beach City Hall,Lower Level Rooms B-7 and B-8,2000 Main Street,Huntington Beach,CA 92648.The virtual scoping meeting for agencies was held via Zoom.At the scoping meetings, a brief presentation and overview of the Project was provided. After the presentation,oral and written comments on the scope of the environmental issues to be addressed in the Draft EIR were accepted. Notice of Availability of the Draft EIR The Notice of Availability(NOA)of the Draft EIR was posted on the Project Site and with the County Clerk in Orange County on February 20,2025. Copies of the Draft EIR were made available to the public at the following locations: • City of Huntington Beach,Planning Division,2000 Main Street,Huntington Beach,CA 92648. • City of Huntington Beach Central Library,7111 Talbert Avenue,Huntington Beach,CA 92648. • City of Huntington Beach Website: — https://www.huntingtonbeachca.gov/departments/community development/major nroiects.php — https://www.huntingtonbeachca.gov/departments/community development /environmental reports.php The Draft EIR was circulated for a 47-day public review from February 20,2025,through April 7,2025,as required by Section 21091 of the Public Resources Code. The Pacific Airshow Huntington Beach Project 3 ESA/D202300048.01 Findings of Fact and Statement of Cyaniding Considerations August 2025 170 3.0 Description of the Project Public Review of the Draft EIR The City conducted required noticing and scoping for the Project in accordance with Sections 15083, 15086,and 15087 of the State CEQA Guidelines and Section 21083.9 of the California Public Resources Code, and conducted the public review for the Draft EIR in compliance with Section 15087 of the State CEQA Guidelines: The City received 16 comment letters on the Draft EIR from agencies,organizations,and individuals through written correspondence and emails.The City has reviewed all comments and has determined that no new significant environmental effects or a substantial increase in the severity of previously identified significant effects have been identified,and all issues raised in the comments have been adequately addressed in the Draft EIR and/or in the responses to those comments and additions or corrections made to the Draft EIR either in response to a comment or as initiated by City staff. 2.2 Final EIR Certification and Approval The Huntington Beach City Council has received,reviewed,and considered the information contained in the Final EIR,in addition to public testimony received on the Project during the scoping meeting,as well as the recommendations of City staff The Huntington Beach City Council hereby makes findings pursuant to and in accordance with Section 21081 of the ° California Public Resources Code and State CEQA Guidelines Section 15091 and,in compliance with State CEQA Guidelines Section 15090,hereby certifies that: 1. The Final EIR has been completed in compliance with CEQA; 2. The Final EIR was presented to the Huntington Beach City Council as the decision-making body of the City and that the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the Project; and 3. The Final EIR reflects the City's independent judgment and analysis. 2.3 Record of Proceedings and Custody of Documents Pursuant to Public Resources Code Section 21081.6 and California Code of Regulations,Title 14, Section 15091,The City of Huntington Beach is the custodian of documents and other material that constitute the record of proceedings upon which the City's decision is based,and such documents and other material are located at the City of Huntington Beach Planning Division office 2000 Main Street,Huntington Beach,CA 92648. 3.0 Description of the Project This section provides the Project location,the Project Purpose and Objectives,and a summary description of the Project.A complete description of the Project and requested approvals can be found in Chapter 2,Project Description,of the Draft EIR. The Pacific Airshow Huntington Beach Project 4 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 II 171 3.0 Description of the Project 3.1 Project Location Regionally,the Airshow is located in the City of Huntington Beach,which is in coastal Orange County in Southern California.The Show Center Area is the location where primary on-the- ground events and activities of the Airshow take place.Locally,the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway (State Route 1 or SR-1)to Beach Boulevard(State Route 39 or SR-39)and Pacific Coast Highway to the Pacific Ocean, including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line.The Airshow Performance Area,the primary area for civilian and military aircraft flybys and aerial acrobatics,is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet.A majority of the civilian and military aircraft flybys and aerial acrobatics occur within approximately 500 and 1,500 feet from the shoreline.The Show Center Area and Airshow Performance Area collectively comprise of the Project Site.The Show Center Area consists of the beach,the Huntington Beach Pier,parking lots,commercial/restaurant uses,bicycle and walking trails along Pacific Coast Highway. 3.2 Project Purpose and Objectives A statement of Project objectives and a description of the underlying purpose of the Project is required by CEQA Guidelines Section 15124. The Project objectives and underlying Project purpose are established to guide the lead agency in developing a reasonable range of alternatives to evaluate in the Draft EIR and aid the decision makers in preparing findings or a statement of overriding considerations,if necessary. The underlying purpose of the Project is to provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area and perhaps beyond. The Project objectives include: • Continue to provide a family-oriented,safe, educational,fun,and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations,displays,food,and music. • Provide an event that promotes careers and opportunities in the Defense Forces and in aviation. • Provide an event that promotes coastal access. • Continue to promote awareness and use of the Huntington Beach Pier and beaches. • Continue to promote awareness of the Huntington Beach hotels,restaurants, stores,and businesses across the City. • Continue to promote Huntington Beach and Southern California as a welcoming global tourism destination. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer,and event sponsors. • Increase in tax revenues(i.e., sales tax,transit occupancy tax,and property tax)to the City. The Pacific Airshow Huntington Beach Project 5 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 172 4.0 Findings Regarding Environmental Impacts • Continue to provide temporary and full-time jobs associated with the Airshow. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve,the Huntington Beach Wetlands,the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. 3.3 Project Description As permitted by the City's Specific Event Permit Process,the Airshow has been held annually in the City(Friday through Sunday),during the fall season.Future Airshows are anticipated to be held annually for three(3)days to up to five(5)days,generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The Airshow does not propose construction of new permanent development; instead,the Project consists of temporary event structures,all of which would be removed immediately following the conclusion of the Airshow.The Project would provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area(and perhaps beyond)and features civilian and military aircraft flybys and aerial acrobatics,air racing,helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene(ABS) foundation(stadium flooring)or wood or aluminum flooring, electric vehicle(EV)and drone displays with hangars and aerial competitions and drone shows,displays of other emerging aviation/mobility technology,and visitor-serving entertainment,services,and amenities(e.g., variety of viewing areas,vehicle and aircraft demonstrations and displays,illustrations,flight simulations,merchandise tents, concessions,food trucks,live music entertainment,wave pool surf competitions,skateboard and bicycle motocross(BMX)bowl competitions,sandcastle building competitions,art installations, and pyrotechnic shows).The Project would include an event program for the continuation of the Airshow for up to ten(10)additional years beginning from year 2024 through 2034 as permitted by the City's Specific Event Permit Process. 4.0 Findings Regarding Environmental Impacts 4.1 Findings of No Impact or Less Than Significant Impact in the Initial Study/ Notice of Preparation The City of Huntington Beach circulated an Initial Study/Notice of Preparation in February 2024 to determine the potentially significant effects of the Project. In the course of this evaluation,it was determined the Project would result in no impact or less than significant impacts(without mitigation)related to several environmental issue areas.In many cases,the determinations of no impact or less than significant impacts were based on the fact the Airshow proposes no new permanent development.Instead,the Project consists of temporary event structures, all of which would be removed immediately following the conclusion of the Airshow.Following each future Airshow,the Project Site would be restored to pre-Project conditions. The Initial Study for the Project is included as Appendix B of the Draft EIR and discusses why the Project would have no impact or less than significant impacts related to the specific The Pacific Airshow Huntington Beach Project 6 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 173 4.0 Findings Regarding Environmental Impacts.....,. .....__d.. ._. .. . environmental issue areas that were not discussed in detail in the Draft EIR.The issue areas determined to have no impact or a less than significant impact in the Initial Study analysis are summarized below and require no specific Findings of Fact. Aesthetics Have a substantial adverse effect on a scenic vista(less than significant impact). Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway(less than significant impact). In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings (public views are those that are experienced from publicly accessible vantage point).If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality(no impact). Create a new source of substantial light or glare which would adversely affect daytime or nighttime views in the area(less than significant impact). Agriculture and Forestry Resources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use (no impact). Conflict with existing zoning for agricultural use, or a Williamson Act contract(no impact). Conflict with existing zoning for, or cause rezoning of,forest land(as defined in Public Resources Code section 12220(g)), timberland(as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)) (no impact). Result in the loss offorest land or conversion offorest land to non forest use (no impact). Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion offorest land to non- forest use (no impact). Air Quality Conflict with or obstruct implementation of the applicable air quality plan (less than significant impact). Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(less than significant impact[construction];potentially significant impact[operations]). Expose sensitive receptors to substantial pollutant concentrations (less than significant impact). The Pacific Airshow Huntington Beach Project 7 ESA/C202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 174 4.0 Findings Regarding Environmental Impacts Result in other emissions (such as those leading to odors)adversely affecting a substantial number of people (less than significant impact). Biological Resources Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service(no impact). Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal,filling, hydrological interruption, or other means (no impact). Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (no impact). Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan(no impact). Cultural Resources Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5 (no impact). Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (no impact). Disturb any human remains, including those interred outside of dedicated cemeteries (no impact). Energy Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation (less than signcant impact). Conflict with or obstruct a state or local plan for renewable energy or energy efficiency(less than significant impact). Geology and Soils Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault(less than significant impact). ii) Strong seismic ground shaking(less than significant impact). The Pacific Airshow Huntington Beach Project 8 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 175 4.0 Findings Regarding Environmental Impacts V iii) Seismic-related ground failure, including liquefaction (less than significant impact). iv) Landslides(no impact). Result in substantial soil erosion or the loss of topsoil(no impact). Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse (no impact). Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property(no impact). Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water(no impact). Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (no impact). Greenhouse Gas Emissions Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment(less than significant impact). Conflict with an applicable plan,policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases (less than significant impact). Hazards and Hazardous Materials Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials (less than significant impact). Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment (less than significant impact). Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school(no impact). Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment(no impact).. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires (no impact). The Pacific Airshow Huntington Beach Project 9 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 176 4.0 Findings Regarding Environmental Impacts Hydrology and Water Quality Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality(no impact). Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin (no impact). Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on-or off-site (no impact). ii) Substantially increase the rate or amount ofsurface runoff in a manner which would result in flooding on-or offsite (no impact). iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (no impact). iv) Impede or redirect flood flows(less than significant impact). In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation (less than significant impact). Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (less than significant impact). Land Use and Planning Physically divide an established community(no impact). Cause a significant environmental impact due to a conflict with any land use plan,policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect(no impact). Mineral Resources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state (no impact). Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan (no impact). Noise For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels(no impact). The Pacific Airshow Huntington Beach Project 10 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 177 4.0 Findings Regarding Environmental Impacts Population and Housing Induce substantial unplanned population growth in an area either directly or indirectly(no impact). Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere (no impact). Public Services Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: i) Fire protection (less than significant impact). ii) Police protection(less than significant impact). iii) Schools (no impact). iv) Parks (no impact). v) Other public facilities (no impact). Recreation Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated(less than significant impact). Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment(less than significant impact). Transportation Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities (no impact). Substantially increase hazards due to a geometric design feature or incompatible uses (no impact). Utilities and Service Systems Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects(less than significant impact). The Pacific Airshow Huntington Beach Project 11 ESA/0202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 178 4.0 Findings Regarding Environmental Impacts Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, thy, and multiple dry years (less than significant impact). Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments (less than significant impact). Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals(less than significant impact). Comply with federal, state, and local management and reduction statutes and regulations related to solid waste(less than significant impact). Wildfire Substantially impair an adopted emergency response plan or emergency evacuation plan (no impact). Due to slope,prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to,pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire (no impact). Require the installation or maintenance of associated infrastructure (such as roads,fuel breaks, emergency water sources,power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment(no impact). Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff,post-fire slope instability, or drainage changes(no impact). 4.2 Findings of No Impact or Less Than Significant Impact in the Draft EIR The City of Huntington Beach,having reviewed and considered the information contained in the Final EIR,the Technical Appendices, and the administrative record,finds that the Project would have no impact or a less than significant impact for the following issue areas,which require no specific Findings of Fact:Biological Resources,Transportation,Tribal Cultural Resources. Biological Resources Impact 3.2-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (less than significant impact). Refer to Draft EIR pages 3.2-39 through 3.2-41. The Pacific Airshow Huntington Beach Project 12 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 179 4.0 Findings Regarding Environmental Impacts Impact 3.2-2: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites (less than significant impact). II Refer to Draft EIR pages 3.2-42 through 3.2-45. Transportation II ° Impact 3.51: The project would have a less than significant impact as it relates to VMT(less than significant impact). Refer to Draft EIR pages 3.5-12 through 3.5-13. Impact 3.5-2: The project would not result in inadequate emergency access(less than significant impact). Refer to Draft EIR page 3.5-13. ° Tribal Cultural Resources Impact 3.6-1 1: The project would not result in a significant tribal cultural resources impact because it would not cause a substantial adverse change in the significance of a tribal cultural it resource, defined in Public Resources Code Section 21074 as either a site,feature,place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k); or ii. A resource determined by the lead agency, in its discretion and supported by substantial ° evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe (no impact). Refer to Draft EIR pages 3.6-6 through 3.6-7. 4.3 Findings Regarding Impacts Determined to Be Mitigated to Less Than Significant Levels The City of Huntington Beach,having reviewed and considered the information contained in the Final EIR,the Technical Appendices,and the administrative record,finds,pursuant to California Public Resources Code 21081 (a)(1)and CEQA Guidelines 15091 (a)(1)that changes or alterations have been required in,or incorporated into,the Project,which would avoid or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following category:Hazards and Hazardous Materials The potentially significant adverse environmental impact that can be mitigated is summarized below.The City of Huntington Beach finds that this potentially significant adverse impact can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified in the Final EIR. ° II ' ° The Pacific Airshow Huntington Beach Project 13 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 180 4.0 Findings Regarding Environmental Impacts Hazards and Hazardous Materials Impact 3.3-1:For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, the project would not result in a safety hazard or excessive noise for people residing or working in the project area (less than significant impact with mitigation). Refer to Draft EIR pages 3.3-11 through 3.3-12. Most bird strike incidents occur during March through April and August through November when seasonal migration typically occurs.While birds are more likely to be struck during the day due to increased civilian aircraft flights during the day,seasonal migration is generally nocturnal. Airshow flights have historically occurred mid-day(between 10:00 AM and 5:00 PM.)which is when the majority of flights would occur.Therefore,because a majority of flights related to the Airshow are not planned to occur at night,the potential for impacts to aircraft from collisions with migratory birds are expected to be less than significant. Although the Show Center Area is located over 2 miles from an airport and,therefore,occurs outside of an existing airport land use plan area,the Project is proposing the creation of a temporary aircraft landing pad within the Show Center Area in 2024.The aircraft movements associated with the temporary landing pad present a potential hazard to Project flight safety,and significantly increases the safety risk caused by bird strikes as compared to past years when the Airshow was only conducting fly-bys over 500 feet above ground level.As noted in the Draft EIR analysis of Impact 3.3-1,74 percent of bird strikes occur at less than or equal to 500 feet above ground level, 19 percent from 501 to 3,500 feet above ground level,and 7 percent above 3,500 feet above ground level.This study also found that passerines,gulls/terns(Laridae),doves (Columbidae),and raptors(including vultures)were the species groups most frequently struck. During the Airshow,most aircraft are expected to fly over 500 feet above ground level;however, select aircraft are planned to land on a temporary landing pad located within the Show Center Area requiring them to fly below 500 feet in altitude,which increases the potential for a bird strike.As identified in Draft EIR Table 3.3-1,common wildlife species that are high risk to flight safety,including mourning dove,killdeer,barn swallow,European starling,rock dove,and red- tailed hawk,were observed within the Wildlife Hazard Analysis(WHA)Study Area.2 More • specifically,various gull species were observed within the Show Center Area during 2023 biological monitoring prior to increased human activity resulting from the event. Since a temporary aircraft landing pad has never been installed along Huntington Beach,no wildlife strike data resulting from aircraft take-off and landing is available.Therefore,there is the potential for bird strike impacts to common species resulting in increased flight risk during take- off and landing.However,it is expected that a small number of aircraft would take-off and land on the temporary aircraft landing pad and 2023 biological monitoring demonstrated that increased human activity within the Show Center Area decreased the presence of wildlife on the beach. Additionally,Airshow flights have historically occurred midday(between 10 a.m. and 4:30 p.m.) when bird flight activity is lower than it would be at dawn or dusk.While impacts to aircraft may occur as a result of aircraft landing on the beach,with implementation of Mitigation Measures 2 The Show Center Area and Airshow Performance Area are directly adjacent and collectively occur within the Wildlife Hazard Analysis(WHA)Study Area. The Pacific Airshow Huntington Beach Project 14 ESA/0202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 181 4.0 Findings Regarding Environmental Impacts HAZ-1 and HAZ-2,impacts related to flight safety are anticipated to be less than significant as the proposed mitigation measures provide specific measures to reduce wildlife hazards. Mitigation Measure HAZ-1:A qualified avian biologist will conduct one Wildlife Hazard Site Visit(WHSV)prior to the start of the annual Airshow(beginning in 2024) following the protocol developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans(Federal Aviation Administration,Advisory Circular 150/5200-38, August 2018 to evaluate potential risk of wildlife strikes at airports,specifically for the proposed temporary aircraft landing pad on the beach during all future Airshow events. The WHSV shall include field observations conducted over one day at dawn,noon,and dusk from a variety of pre-determined locations to ensure complete visual coverage of the location of the temporary runway and immediate surroundings.All signs of birds, mammals,habitat attractants,and wildlife/habitat relationship observations shall be recorded. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife species or signs observed during the surveys,federal and state status of the species observed,habitat features that may encourage wildlife,natural and artificial wildlife attractants, strike data analysis,and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. Mitigation Measure HAZ-2:A qualified biological monitor will be on-site during event performances for the duration of the event(3-5 days)to document bird activity during aircraft flyovers and take-off and landing within the Show Center Area.Biological monitoring will also inform the recommendations to reduce wildlife hazards.Based on monitoring observations,recommendations may include following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment(e.g.,lasers)to disperse birds. Finding: The City finds that changes or alterations have been required in, or incorporated into, the Project that substantially lessens significant impacts related to flight safety as identified in the Final EIR. With the implementation of Mitigation Measures HAZ-1 and HAZ-2, impacts related to flight safety are anticipated to be less than significant. 4.4 Findings Regarding Impacts Determined to Be Significant and Unavoidable The City of Huntington Beach,having reviewed and considered the information contained in the Final EIR,Technical Appendices,and the administrative record,finds that the Project would result in significant and unavoidable impacts even with implementation of all feasible mitigation measures for the following categories:Air Quality,Hazards and Hazardous Materials,and Noise. The Pacific Airshow Huntington Beach Project 15 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 182 4.0 Findings Regarding Environmental Impacts Air Quality Impact 3.1-1: The project would result in significant impact if it would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(significant and unavoidable). Refer to Draft EIR pages 3.1-21 through 3.1-23. For informational purposes,the air quality emissions from existing Airshow vehicle miles traveled(VMT)forecasted for year 2024 and future year 2034 were estimated in the Draft EIR. Regional criteria pollutant emission calculations for volatile organic compounds(VOCs), nitrogen oxides(NOx),carbon monoxide(CO),sulfur oxides(SOx),and fine particulate matter (PM10 and PM2.5,respectively)for the existing Airshow VMT mobile sources are presented in Table 3.1-6(below and on page 3.1-22 of the Draft EIR). TABLE 3.1-6 ESTIMATED FORECASTED REGIONAL MOBILE SOURCE EMISSIONS FOR CONTINUATION OF EXISTING AIRSHOW (POUNDS PER DAY) Source VOC NOx CO SO2 PM10 PM2.5 Forecasted Regional Mobile Source Emissions for 530 766 4,938 14 1,193 305 Continuation of Existing Airshow—Year 2024 Forecasted Regional Mobile Source Emissions for 359 486 3,241 11 1,191 303 Continuation of Existing Airshow—Year 2034 NOTE:Totals may not add up exactly due to rounding in the modeling calculations.Detailed emissions calculations are provided in Appendix C of the Draft EIR. SOURCE:Data compiled by ESA,2024. Operational criteria pollutant emissions were calculated for future Project Airshow mobile sources associated with additional daily VMT from the expanded night concerts as compared to prior Airshows.The change in operational emissions is based on the additional daily VMT resulting from the expanded night concerts that would occur during the Project's future Airshows compared to prior Airshows without night concerts.The additional daily VMT as compared to prior Airshows are provided in Section 3.5, Transportation,of the Draft EIR,for the expanded night concerts.Additional details are provided in the Air Quality Calculations in Appendix C of the Draft EIR. The results of the regional criteria pollutant emission calculations for VOC,NOx,CO, SOx, PM10,and PM2.5 for the Project's mobile sources are presented in Table 3.17(below and on page 3.1-22 of the Draft EIR).As shown in Table 3.1-7,the Project's operational-related mobile source daily emissions would exceed the South Coast Air Quality Management District (SCAQMD)thresholds of significance for VOC,NOx,and CO.It is also noted that,as shown in Table 3.1-6 above,the operational-related mobile source daily emissions for the airshow(without the proposed expanded night concerts)already exceed the SCAQMD thresholds of significance for VOC,NOx,CO,PM10,and PM2.5.Therefore,the Project's net regional operational mobile emissions impacts would be potentially significant. The Padfic Airshow Huntington Beach Project 16 ESA/D202300046.01 Findings of Fact and Statement of Cyaniding Considerations August 2025 183 • 4.0 Findings Regarding Environmental Impacts It is noted that the mobile source emissions from the additional VMT from the Project's night concerts would decline in future years as vehicle technology improves and older vehicles are replaced with newer vehicles that emit fewer pollutants. TABLE 3.1-7 ESTIMATED MAXIMUM UNMITIGATED REGIONAL MOBILE SOURCE EMISSIONS FOR EXPANDED NIGHT CONCERTS(POUNDS PER DAY) Source VOC NOx CO SO2 PM10 PM2.5 Night Concerts Mobile Source Emissions—Year 2024 59 85 550 2 133 34 Night Concerts Mobile Source Emissions—Year 2034 40 54 361 1 133 34 SCAQMD Significance Threshold 55 55 550 150 150 55 Exceeds Thresholds? Yes Yes Yes No No No NOTE:Totals may not add up exactly due to rounding in the modeling calculations.Detailed emissions calculations are provided in Appendix C of the Draft EIR. SOURCE:Data compiled by ESA,2024. Finding: There are no feasible mitigation measures that would reduce operational VOC,NOX, and CO emissions for vehicular sources to below the significance thresholds. Vehicles would be utilized by Project attendees and employees to future Project Airshow events and the Project has no ability to regulate the personal choices made by future Project attendees and employees who may purchase and use any vehicles legally sold to travel to and from the site.In addition,as stated in Draft EIR Section 3.5, Transportation,there are no additional feasible mitigation measures to further reduce Project VMT.Thus,there are no additional feasible mitigation measures that would reduce operational VOC,NOX, and CO emissions and impacts related to regional VOC, •- NOX,and CO operational emissions would remain significant and unavoidable. Hazards and Hazardous Materials Impact 3.3-2: The project could impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. (significant and unavoidable impact related to emergency access). Refer to Draft EIR pages 3.3-12 through 3.3-16. The Project is not located in or near state responsibility areas of lands classified as very high fire hazard severity zone and,therefore,would result in no impact to evacuation related to potential wildfire impacts. The Project does not propose any change that would impair implementation of or physically interfere with the adopted Local Hazard Mitigation Plan(LHMP),published resources related to emergency preparedness(such as maps of Tsunami Evacuation Routes),or the Airshow Public Safety Plan.Therefore,the Project should be considered to result in less than significant impacts to evacuation related to hazards and hazardous materials. However, due to the volume of people anticipated to gather on and near the beach during the V Airshow,in the event of an emergency,ambient evacuation times would be increased and could affect emergency access.The circumstances resulting in the need to evacuate either the event area • The Pacific Airshow Huntington Beach Project 17 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 184 4.0 Findings Regarding Environmental Impacts or the City will differ based upon the nature and magnitude of the emergency(fire,earthquake, tsunami),the location of the emergency(local or regional),and the timing relative to the event (are people coming in or leaving).For example,if there was a sizeable earthquake in the region, then the authorities may prefer that Airshow attendees stay in place until the safety of the roadway infrastructure can be assessed.If there was a tsunami warning,with several hours of notice,then an evacuation process would be somewhat broad and deliberate.In the case of a man- made event(someone causing a threat),the evacuation conditions are more immediate and localized. The population group that attends the event is difficult to identify, as there is limited formal ticketing(only the reserved grandstands and beach).While many people gather near the beach, attendees also view from rooftops/balconies,restaurants,and other venues throughout the City. The ambiguity around the event population(size and location),combined with the range of potential evacuation events,results in unquantifiable evacuation times. As a large number of people walk or bicycle to the Airshow,the speed of these cyclists and pedestrians ability to evacuate may contribute to increased evacuation times depending on the emergency event.Those who are already in the City for reasons unrelated to the Airshow (residents and employees in particular)would likely experience some increase in evacuation times due to the added population from the Project, as the roadway infrastructure is fixed. Finding: The increased population as a result of the Project,combined with all other population - -• unrelated to the Project,including residents,employees,students,and visitors,would likely be all concurrently subject to evacuation orders in case of an emergency event.Given the wide range of possible emergency conditions,difficulty in quantifying the number and location of population added by the Project,the probable increase in evacuation times,and the lack of significance threshold to measure such effects,the Project should be considered to result in significant and unavoidable impacts to emergency access but can be reduced with the incorporation of measures at - the discretion of the Community and Library Services Director,or their designees,as described below. As a compliment to the LHMP,a more detailed evacuation plan could be developed for the major events in the City(US Open of Surfing,AVP Volleyball Tournament,Airshow).The plan should at minimum further define how the range of emergency scenarios in the LHMP would relate to these major events,identify the evacuation needs and capacities,and evaluate strategies to reduce evacuation risks by including the following considerations: • Apply the LHMP emergency scenarios during the time of a major short-term event,such as the Airshow,for planning purposes.The plans for evacuation should be based upon the location and dynamics of the emergency scenarios.A detailed evacuation plan should consider scenarios applicable to the Project area and define parameters such as time and area of evacuation,evacuation routes,hazard event,evacuation population,evacuation destination, and relationship to existing plans(such as the LHMP). • Assess the target population during an evacuation event to include community members and participants of special events or gatherings.The evacuation demand assessment should consider factors such as the time of day,automobile availability,route options,hazard The Pacific Airshow Huntington Beach Project 18 ESA/D202300046.01 Findings of Fact and Statement of Ovaniding Considerations August 2025 185 4.0 Findings Regarding Environmental Impacts behavior, and the locations of evacuation shelters or hotels.Key actions of the assessment should include establishing evacuation areas, identifying populations with mobility challenges, estimating the number of evacuation vehicle trips,and preparing an evacuation trip origin-destination matrix by time periods throughout an evacuation event. • Evaluate the capacity of roadways to accommodate evacuation of events at Huntington Beach and nearby communities with shared emergency access.Roadways within the City identified by the LHMP as potential evacuation routes are discussed in the City's Circulation Element of the General Plan,including their classification and traffic-carrying capacities under normal conditions.The evaluation should also consider the safety and viability of identified evacuation routes during emergency events. • Identify strategies to reduce evacuation times. Strategies to meaningfully reduce estimated evacuation times may address the supply of transportation capacity(such as temporary one- way streets or specialized signal timing),improve the effectiveness of communication to the public before and during an emergency event,and special provisions for vulnerable populations. Noise Impact 3.4-1: The project would result in a significant impact if it would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. (significant and unavoidable impact with mitigation). Refer to Draft EIR pages 3.4-21 through 3.4-25. Noise levels from aircraft flyovers for the duration of the Airshow would generate a substantial temporary increase in ambient noise levels and thus result in a significant impact.However,the City's Municipal Code includes provisions for approval of a Noise Deviation Permit.While the approval of a Noise Deviation Permit would not eliminate the significant impact related to aircraft noise,it would allow the deviation to occur,thereby removing the conflict that would otherwise exist between the Noise Ordinance thresholds and requirements and the noise generated by the Project. Municipal Code Section 8.40.130 states that the applicant must provide information in the Noise Deviation Permit application regarding actions taken to comply with the Noise Ordinance, reasons why compliance cannot be achieved,and a proposed method of achieving compliance if such method exists.The applicant must also demonstrate the need to deviate from the noise level and whether the deviation produces a greater benefit to the community that outweighs the temporary increase in noise level. Due to the nature of the Project, compliance with the Noise Ordinance thresholds is not possible while maintaining the activities the Airshow has included since 2016.The Project provides Huntington Beach residents and visitors with an opportunity to enjoy a family event that is geared towards all ages.Activities,food,and area retail establishment products are available at the Airshow, enhanced by live entertainment. Traffic and crowd noise are natural consequences of this type of event and there is no way to achieve strict Noise Ordinance compliance while maintaining the established activities.The benefits to the community and visitors are evident from the success of the annual Airshow,which provides an opportunity for local merchants to The Pacific Airshow Huntington Beach Project 19 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 186 4.0 Findings Regarding Environmental Impacts offer their services and wares to a larger audience.Therefore,the deviation produces a greater benefit to the community that outweighs the temporary exceedance from the once-a-year Airshow.Additionally,new Airshow activities discussed in Draft EIR Chapter 2,Project Description,such as air racing,nighttime flyovers,and helicopter landing within Main Hospitality Area,may result in similar noise levels as was measured during the 2023 Airshow. However,while noise impacts would remain significant,the Noise Deviation Permit would allow the exceedance to occur. In addition,the Draft EIR determined that the maximum increase in Project-related traffic noise levels over existing traffic noise levels would be less than 1 dBA3 Community Noise Equivalent Level(CNEL)4 along all roadway segments.This increase in noise level would be well below the "clearly noticeable"threshold increase of 5 dBA CNEL in an area characterized by normally acceptable noise levels that would remain below 55 dBA CNEL or"conditionally acceptable" threshold of noise levels that would remain below 70 dBA CNEL.Therefore,Project-related noise increases would be less than the applicable threshold and would be less than significant. During the Airshow events,the competitions and art installations would be located within the Project Site and generally located away from noise-sensitive uses east of Pacific Coast Highway. The temporary event structures would be similar in scale and location to previous Airshows since 2016(except in 2020,when there was no Airshow)and generally located away from noise- sensitive uses east of Pacific Coast Highway.The temporary Airshow pyrotechnic display would occur over water, similar to the City's existing annual Fourth of July Fireworks Over the Ocean and would not result in permanent effects on the environment. The competitions, art installations, event structures,and pyrotechnic display would not generate a substantial increase in ambient noise in excess of established standards and existing conditions. Therefore,no further analysis of these issues was included in the Draft EIR. However,the multi-day music festival would be located generally within the northernmost portion of the Show Center Area within Concert Area A or alternatively the southernmost portion of the Show Center Area within Concert Area E. The multi-day music festival would occur following the conclusion of the Airshow up to 11:00 p.m.over 3 days over the weekend directed towards the ocean.In addition,the music festival would require sound checks during the day/evening prior to the music festival.The music festival would include the use of amplified speakers,which would be directed toward the ocean and away from noise sensitive uses located on Pacific Coast Highway.Nonetheless,the multi-day music festival with the use of amplified speakers may result in a temporary net increase in noise as compared to past Airshows.As such, the Draft EIR determined that the Project's music festival would result in the generation of a substantial temporary increase in ambient noise levels in the vicinity of the Project to be in excess 3 The typical human ear is not equally sensitive to all frequencies of the audible sound spectrum.As a consequence, when assessing potential noise impacts on humans,sound is measured using an electronic filter that de-emphasizes the frequencies in a manner corresponding to the human ear's decreased sensitivity to extremely low and extremely high frequencies.This method of frequency weighting is referred to as A-weighting and is expressed in units of A- weighted decibels(dBA).A-weighting follows an international standard methodology of frequency weighting and is typically applied to community noise measurements. 4 CNEL is the average A-weighted noise level during a 24-hour day that includes an addition of 5 dB to measured noise levels between the hours of 7:00 p.m.to 10:00 p.m.and an addition of 10 dB to noise levels between the hours of 10:00 p.m.to 7:00 a.m.to account for noise sensitivity in the evening and nighttime,respectively. ' The Pacific Airshow Huntington Beach Project 20 ESA/D202300046.01 Findings of Fact and Statement of Oveniding Considerations August 2025 187 4.0 Findings Regarding Environmental Impacts of standards established by the City and impacts from the music festival would be potentially significant. Mitigation Measure NOI-1: The applicant shall implement the following measures for the duration of the event: • The nearest speaker shall be placed at least 475 feet away from any nearby sensitive receptor and any subsequent speakers shall be separated from other speakers by 25 feet parallel to Pacific Coast Highway. Speakers shall also be positioned in a manner that would not point directly towards any nearby sensitive receptor and, instead,face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of plywood or using a sound blanket shall be installed on public property nearest to the sensitive receptors to the west of the proposed music festival area(Huntington Pacific Beach House Condo complex at 701 Pacific Coast Highway).The temporary noise barriers shall block the line-of-sight between the music festival attendees and similarly elevated ground-level noise-sensitive receptors. Finding: Mitigation Measure NOI-1 would be required to reduce noise levels.However,noise levels would still exceed the significance thresholds even with implementation of this mitigation. Since it would not be feasible to locate speakers further away from the sensitive receptors (towards the ocean)because this would impede beyond the mean high tide line,and the City does not have any jurisdiction beyond the mean high tide line,this impact is determined to be significant and unavoidable. While the Project would submit a Noise Deviation Permit application pursuant to Municipal Code requirements,which would allow the exceedance to occur,the proposed music festival would be a new source of noise in excess of standards. Furthermore,as the proposed music festival would be a new addition to the Airshow and prior Noise Deviation Permit applications have not included a music festival,this impact is determined to be significant and unavoidable.No additional feasible mitigation measures are available. Impact 3.4-2: The project will result in a significant impact if it generates excessive groundborne vibration or groundborne noise levels. (significant and unavoidable impact with mitigation). Refer to Draft EIR page 3.4-25 through 3.4-28. Operation of the music festival would include typical commercial-grade mechanical and electrical equipment,such as amplified sound systems,which would produce groundborne vibration.Data regarding specific groundborne vibration levels from speakers that would be used at the proposed music festival is not available.For the purposes of this analysis,assuming a relatively-high groundborne vibration level equivalent to a sonic pile driver operating under typical conditions of 93 vibration velocity level(VdB)at 25 feet,at a distance of 95 feet,the vibration level would be approximately 81.4 VdB,which would exceed the significance threshold of 72 VdB at vibration- sensitive land uses.In the absence of specific data,the analytical assumption of using a groundborne vibration level equivalent to a sonic pile driver is anticipated to provide a reasonably conservative approach as sonic pile drivers represent equipment with the highest non-impact vibration level according to the Federal Transit Administration(FTA) Transit Noise and Vibration Impact Assessment Manual.Therefore, it is determined that groundborne vibration and groundborne noise impacts from the music festival would be potentially significant. The Pacific Airshow Huntington Beach Project 21 ESA/0202300046.01 Findings of Fact and Statement of Cyaniding Considerations August 2025 188 5.0 Findings Regarding Cumulative Impacts Ground consisting of beach sand would have a dampening effect on groundbome vibration.Thus, increasing the separation distance between the speakers and vibration-sensitive land uses would reduce the vibration levels. Findings:Mitigation Measure NOI-1,which maximizes the separation distance between the speakers and vibration-sensitive land uses,would be required to reduce the groundbome vibration and groundbome noise levels.At a distance of 475 feet, as specified in Mitigation Measure NOI- 1,the vibration level would be reduced to approximately 67.4 VdB,given the above assumptions, which suggests impacts could be reduced to less than significant.Nonetheless,since data regarding specific groundbome vibration levels from speakers that would be used at the proposed music festival is not available,and since it would not be feasible to locate speakers further away from the sensitive receptors(towards the ocean)because this would impede beyond the mean high tide line and the City does not have any jurisdiction beyond the mean high tide line,this impact is conservatively determined to be significant and unavoidable.No additional feasible mitigation measures are available. 5.0 Findings Regarding Cumulative Impacts As discussed in Draft EIR Subsection 3.7,Cumulative Analysis,CEQA requires that an EIR assess the cumulative impacts of a project with respect to past,present,and reasonably foreseeable future projects. CEQA Guidelines Section 15355,Cumulative Impacts, specifically provides the following definition of cumulative impacts: "Cumulative impacts"refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. (a) The individual effects may be changes resulting from a single project or a number of separate projects. (b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past,present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. CEQA Guidelines Section 15130(a),Discussion of Cumulative Impacts,further addresses the analysis of cumulative impacts: "(1) As defined in Section 15355, a cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts.An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR; (2) If the combined cumulative impact associated with the project's incremental effect and the effects of other projects is not significant, the EIR should briefly indicate why the cumulative impact is not significant and is not discussed in further detail in the EIR A lead agency shall The Pacific Airshow Huntington Beach Project 22 ESA/D202300046.01 Findings of Fact and Statement of Cyaniding Considerations August 2025 189 5.0 Findings Regarding Cumulative Impacts identify facts and analysis supporting the lead agency's conclusion that the cumulative impact is less than significant. (3) An EIR may determine that a project's contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant A project's contribution is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact. The lead agency shall identify facts and analysis supporting its conclusion that the contribution will be rendered less than cumulatively considerable." In summary,if the combined cumulative impact associated with the project's incremental effect and the effects of other projects is significant,the EIR must determine whether the project's incremental contribution is cumulatively considerable.If the project's incremental contribution is not cumulatively considerable,the cumulative impact is considered"not significant"pursuant to CEQA Guidelines 15130(a)(3). Because the Airshow does not propose construction of new permanent development, and further, because it is a temporary event,the nature of this Project does not allow for the same manner of cumulative assessment as projects that lead to a permanent change or construction-related impacts that could combine with other projects spatially and/or temporarily,such as land use or transportation projects.Therefore,consistent with CEQA Guidelines Section 15130(a)(2),the Draft EIR provides facts and analyses supporting the Lead Agency's conclusion that the combined cumulative impacts associated with the Airshow project's incremental effect and the effects of other projects is not significant and is not discussed in detail in the Draft EIR.As part of the facts and analyses supporting the use of CEQA Guidelines Section 15130(a)(2),the City of Huntington Beach prepared a list of past,present,and reasonably future projects that were considered when making the conclusion that the Project,when considered with other cumulative projects,would not result in a cumulatively considerable contribution to a significant cumulative impact.The list of cumulative projects that were considered is provided in Table 3.7-1(below and on page 3.7-3 of the Draft EIR). For Project-related impacts that result in no impact,the Project cannot combine to create an incremental,cumulatively considerable contribution to a significant cumulative impact. Therefore,consistent with CEQA Guidelines Section 15130(a)(1),"[Ain EIR should not discuss impacts which do not result in part from the project evaluated in the EIR."Accordingly,the cumulative impact analysis in the EIR does not address impact statements that are determined to result in no impact in either the Initial Study/Notice of Preparation or the EIR. If the combined cumulative impact associated with the project's incremental effect and the effects of other projects is not significant,the EIR should briefly indicate why the cumulative impact is not significant and is not discussed in further detail in the EIR,as allowed by CEQA Guidelines Section 15130(a)(2). The Paafic Airshow Huntington Beach Project 23 ESA/D202300046.01 Findings of Fact and Statement of oveniding Considerations August 2025 190 5.0 Findings Regarding Cumulative Impacts TABLE 3.7-1 RELATED PROJECT LIST Project No. Name/Location Description Status 1. Huntington's on the Conversion of a former fishing supply building into a new restaurant Under review Pier(21 Main Street and bar,with interior modifications and an addition of 530 sf to the with construction and 22 Main Street on existing 820 square-foot building,and conversion of a 409 square- anticipated to the Pier) foot existing public restroom into a public restroom building with begin in 2025. employee changing room/restroom/locker area and restaurant storage areas. 2. 414 Main Mixed Use A four-story mixed use project consisting of 5,000 sf of retail space, Under 20 residential condominium units,with 46 on-site parking spaces construction with mostly provided in a subterranean parking garage. occupancy late 2024. 3. 410 Main Mixed Use Construct an approximately 42,000 square-foot mixed use building Under review. with 28 condominium residential units,8,000 sf of ground floor retail space,and a subterranean parking garage. 4. Magnolia Tank Farm Construct a 211,000 square-foot lodge with 175 guest rooms and Under review. (21845 Magnolia guesthouse with 40 rooms,19,000 sf of retail,250 for sale dwelling Street) units(at 15 dwelling units per acre),2.8 acres of coastal conservation area to provide a buffer for the adjacent wetlands,and 2.8 acres of park. 5. AMG Residential Construct three residential buildings,each containing 7 stories of Under review. (19431 and 19471 residential units,totaling in 222 units and 141,440 sf. Beach Blvd) 6. Seacliff at Huntington. Construct a 3-story,approximately 281,000 square-foot State- Under Beach Inspired Senior licensed assisted living and memory care facility with 226 guest construction Living Facility(2120 rooms and a subterranean parking garage on an approximately through late Main Street) 6.57-acre portion of the approximately 11.29-acre site. 2025. 7. ASCON Site On-going remedial clean-up activities;no surface development Approved and (Southwest comer of expected to occur and the site will ultimately become permanent Ongoing Magnolia Street at open space. Hamilton Avenue) 8. Pacific Coast Highway Construction of a continuous 10-mile long bicycle lane improvement Approved. (PCH)Caltrans project in both directions and associated safety features.Caltrans Construction not Improvement Project agreed,in conversation with the City,to identify the City's special yet started. events(i.e.,including,but not limited to,the Pacific Airshow,U.S. Surf Open,AVP Volleyball,etc.)as"non-construction dates"for the PCH Caltrans Improvement Project.In addition,Caltrans will shut down construction activities between Memorial Day and Labor Day to avoid the busy,summer,beach season.Construction activities will likely begin in 2025 and last through 2026 given the various "non-construction dates." NOTES: sf=square feet SOURCE:City of Huntington Beach,2024 Table 3.7-2(below and on pages 3.7-5 through 3.7-6 of the Draft EIR)provides a summary of the Project-related impact conclusions and cumulative impact conclusions for each threshold evaluated in the EIR,including explanatory notes.Table 3.7-2 only identifies those thresholds carried forward for analysis in the Draft EIR,no matter the conclusion in the Draft EIR.As with the Draft EIR,the Initial Study/Notice of Preparation identifies thresholds that would result in no impact and,therefore,were not carried forward for analysis in the Draft EIR and,similarly,result in no cumulative impact. The full discussion of cumulative impacts can be found in Draft EIR Subsection 3.7, Cumulative Analysis. The Pacific Airshow Huntington Beach Project 24 ESA/D202300048.01 Findings of Fact and Statement of Overriding Considerations August 2025 191 5.0 Findings Regarding Cumulative Impacts TABLE 3.7-2 AIRSHOW PROJECT-RELATED AND CUMULATIVE IMPACT CONCLUSIONS Project- Related Impact Cumulative Impact Impactlua{a Statement Conclusion Conclusion Notes 6 Alt Yktyy...,.y..... .. . .. .�..M . ._...� ., e .. ............�-,_.._..-..�..i Consistency with the Current Air Not Applicable. Projects incremental SCAQMD allows a lead Quality Management Plan. contribution is not agency to determine that a cumulatively considerable.' project's incremental contribution to a cumulative effect is not cumulatively considerable if the project is consistent with the current AQMP(this is not a CEQA , Appendix G Threshold for a Project-related impact;Impact 3.1-1 addresses the CEQA Appendix Threshold). Impact 3.1-1:The Project would result Significant and Cumulatively considerable SCAQMD recommends that in significant impact if it would result in Unavoidable. contribution to a significant construction or operational a cumulatively considerable net cumulative impact. Project emissions are increase of any criteria pollutant for considered cumulatively which the project region is non- considerable if Project-specific attainment under an applicable federal emissions exceed an or state ambient air quality standard. applicable SCAQMD , recommended significance threshold. 8iolagicai,Resatu .. _ , m_._..._._ _.__. Impact 3.2-1:The project would not Less than Projects incremental have a substantial adverse effect, Significant. contribution is not either directly or through habitat cumulatively considerable modifications,on any species identified to a significant cumulative as a candidate,sensitive,or special- impact. - status species in local or regional plans,policies,or regulations,or by the Califomia Department of Fish and Game or U.S.Fish and Wildlife Service. Impact 3.2-2:The project would not Less than Projects incremental interfere substantially with the Significant. contribution is not movement of any native resident or cumulatively considerable migratory fish or wildlife species or with to a significant cumulative established native resident or migratory impact. wildlife corridors,or impede the use of native wildlife nursery sites. Hazards and.Hazardous M•atenafs> °�; Impact 3.3-1:For a project located Less than Projects incremental within an airport land use plan or, Significant with contribution is not where such a plan has not been Mitigation. cumulatively considerable adopted,within two miles of a public to a significant cumulative airport or public use airport,the project impact. would not result in a safety hazard or excessive noise for people residing or working in the project area. Impact 3.3-2:The project could impair Significant and Projects incremental implementation of or physically interfere Unavoidable. contribution is not with an adopted emergency response cumulatively considerable plan or emergency evacuation plan. to a significant cumulative ' impact. The Pacific Airshow Huntington Beach Project 25 ESA/D202300046.01 Findings of Fact and Statement of Cyaniding Considerations August 2025 192 6.0 Findings Regarding Alternatives Project- Related Impact Cumulative Impact Impact Statement Conclusion Conclusion Notes Noise , rr° ° Impact 3.4-1 (On-Site Operational Significant and Cumulatively considerable Noise):The Project would result in a Unavoidable contribution to a significant significant impact from the generation with Mitigation. cumulative impact. of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Impact 3.4-1 (Off-Site Traffic Noise): Less than Project's incremental The Project would result in a significant Significant° contribution is not impact from the generation of a cumulatively considerable substantial temporary or permanent to a significant cumulative increase in ambient noise levels in the impact. vicinity of the Project in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies. Impact 3.4-2:The Project would not Significant and Cumulatively considerable generate excessive groundbome Unavoidable contribution to a significant vibration or groundbome noise levels. with Mitigation° cumulative impact. TtatlspOttat(orr Impact 3.5-1:The project would not Less than Project's incremental conflict or be inconsistent with CEQA Significant. contribution is not Guidelines§15064.3,subdivision(b) cumulatively considerable. (as it relates to VMT) Impact 3.5-2:The project would not Less than Project's incremental result in inadequate emergency access. Significant. contribution is not cumulatively considerable. 6.0 Findings Regarding Alternatives Because the Project would result in significant and unavoidable environmental impacts after implementation of the mitigation measures,the City considered alternatives to the Project. In accordance with State CEQA Guidelines Section 15126.6(a), an EIR shall describe a range of reasonable alternatives to the project,or to the location of the project,which would feasibly attain most of the basic objectives of the project,but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.The Project's objectives are provided above in Section 3.2,Project Purpose and Objectives.The State CEQA Guidelines emphasize that the selection of project alternatives should be based primarily on the ability to reduce significant impacts relative to the proposed project,"even if these alternatives would impede to some degree the attainment of the project objectives,or would be more costly"5 The State CEQA Guidelines further direct that the range of alternatives 5 CEQA Guidelines Section 15126.6(b). The Pacific Airshow Huntington Beach Project 26 ESA/0202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 193 6.0 Findings Regarding Alternatives be guided by a"rule of reason,"such that only those alternatives necessary to permit a reasoned choice are analyzed.6 Based on the comparative alternatives analysis,an environmentally superior alternative is to be designated.In general,the environmentally superior alternative is the alternative with the least adverse impacts on the environment.If the environmentally superior alternative is the"no project"alternative,the EIR shall also identify another environmentally superior alternative among the other alternatives.? The EIR considers a total of five alternatives to the Project,two of which were considered but were not selected for further analysis including offsite location and avoidance of flying over Bolsa Chica, and the remaining three,including the No Project/No Airshow Alternative,are comprehensively evaluated in the EIR. Section 15126.6(e)(2)of the State CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR,and that if the"no project"alternative is the environmentally superior alternative,the EIR shall identify another environmentally superior alternative among the remaining alternatives. Selection of an environmentally superior alternative is based on comparison of the alternatives that would reduce or eliminate the significant impacts associated with the Project,and on a comparison of the remaining environmental impacts of each alternative to the Project's impacts. 6.1 Alternatives Considered and Rejected CEQA does not require that the alternatives be exhaustive, or require evaluation of alternatives that are not realistically feasible given the failure to meet project objectives or the availability of resources to support the alternatives.The following alternatives were rejected because implementation is considered remote and speculative or some of the goals and objectives would -- not be met. Offsite Location The Offsite Location Alternative would aim to be located further from sensitive biological resources. Sensitive habitat is located along the coastline including the Huntington Beach Wetlands,the Magnolia Marsh,and the Bolsa Chica Ecological Reserve(BCER). In order to be located away from the areas that contain more sensitive biological resources,the site would likely need to be at a more inland location,where there would be less space for attendees to congregate as well as fewer areas to view the Airshow compared to the Project Site.In addition,the likelihood of finding a location that would be able to accommodate the number of activities planned(Airshow,music festival,wave pool surf competitions,skateboard/BMX event, etc.)for the Airshow would be low. 6 Ibid.,Section 15126.6(f). 7 Ibid.,Section 15126.6(e)(2). The Pacific Airshow Huntington Beach Project 27 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 194 6.0 Findings Regarding Alternatives This Alternative was considered infeasible due to the fact that there are very few,if any,other locations within the City that are City-owned and would be able to provide the services and area for the Airshow to be conducted and viewed.The alternative site would need to be up to approximately 100 acres in size in order to accommodate the parking,viewing areas,and other activities.Per the CEQA Guidelines,the Offsite Location Alternative was rejected as infeasible using the criteria for off-site alternatives,including site suitability,economic viability, jurisdictional boundaries,whether the project proponent owns the site,and whether the project proponent can control site access. Some of the alternative sites considered that would be large enough to accommodate the activities include Edison High School and Central Park located in the City.Edison was rejected because this site would be closer to the Huntington Beach wetlands complex,and therefore,not necessarily further from sensitive biological resources. Central Park was also rejected due to the sensitive habitat and species that are present throughout the Park. Central Park has three freshwater lakes that are used by waterfowl and other birds.Portions of Central Park are also located closer to the BCER.Therefore,due to the proximity of sensitive habitat and sensitive species at the two locations most appropriate to be considered as alternative sites,these locations would not reduce impacts to biological resources. Avoidance of Flying over Boise Chica The Avoidance of Flying over Bolsa Chica Alternative would involve having the Pacific Airshow LLC instruct the air traffic controllers to avoid flying over the BCER.The purpose of this Alternative would be to reduce noise over the BCER and to avoid potential impacts to biological resources in the BCER.However,noise from commercial and private aircraft and helicopter flights over the BCER,including helicopters regularly landing at the helipad located within the BCER,is an existing condition.In addition,the Project already has controls and measures in place to prevent incursion into the BCER including providing a daily formal briefing(each day of the Airshow)to all Airshow pilots on the location and nature of the BCER;requesting that pilots minimize or avoid overflight of the BCER to the greatest extent possible;requesting that when overflight of the BCER cannot be avoided that it be at 1,000 feet above ground level(AGL)or above;advising Southern California Terminal Radar Approach Control(TRACON)as well as Los Alamitos Army Airfield Tower on the location and nature of the BCER and request that they avoid directing Airshow pilots to overfly the area to the greatest extent possible;establishing routes in/out of Airshow airspace and supporting airfields to avoid overflight of the BCER to the greatest extent possible; coordinating with Southern California TRACON and Los Alamitos Army Airfield Tower regarding directing airshow aircraft transiting to/from supporting airfields to fly as directly as able into the Airshow's restricted airspace which,in most cases,will prevent overflight of the BCER; discussing and sharing any report of otherwise avoidable incursion will be at the daily briefing and discussing with air traffic control representatives in the ongoing effort to identify and implement solutions to avoid overflight;and instructing parachute demonstration teams to keep streamer drops in close to the site or to refrain from using them all together if conditions permit to prevent incursion into the BCER. Since these measures are already in place for the 2024 Airshow and all Airshow events moving forward,the potential noise and incursion into the BCER is already being minimized to the extent feasible.In addition,the Project includes The Pacific Airshow Huntington Beach Project 28 ESA/0202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 195 6.0 Findings Regarding Alternatives a measure where a biological monitor is recommended to conduct monitoring at the Bolsa Chica Ecological Reserve and protected plover and tern nesting areas to confirm debris does not move into these areas and that low flyovers do not occur within these areas.Also,important to note is that the Airshow is scheduled for after breeding season.Therefore,since the BCER is already being avoided by the activities and measures listed above,this Alternative is not analyzed in further detail. 6.2 Alternatives Considered in Detail Alternative 1: No Project/No Airshow Alternative CEQA Guidelines Section 15126.6(e)requires analysis of a No Project Alternative that (1)discusses existing site conditions at the time the NOP is prepared or the Draft EIR is commenced and(2)analyzes what is reasonably expected to occur in the foreseeable future based on current plans if the Project were not approved. Under this Alternative,the Airshow and the associated activities are not occurring in 2024 or for the foreseeable future. Since the No Project Alternative assumes the Airshow would not take place,no new environmental impacts would occur under this Alternative. Alternative 2: 2023 Airs how Alternative Under the 2023 Airshow Alternative,the annual event would take place over 3 days, and would not include a music festival,helicopter and aircraft runway/display,skateboard/BMX competition,pyrotechnic shows,sandcastle building competition,and beach camping,among other activities/features noted in New Airshow Activities Anticipated for 2024 through 2034 in Section 1.6,Historic and Future Airshow Activities and Events Schedule.The Airshow would continue to be held annually Friday through Sunday during the fall season with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. Alternative 3: Reduced Project Alternative The Reduced Project Alternative would include a reduced size of the Airshow with no military aircraft or equivalent noise-producing jets being included in the Airshow.Based on information received from the President of the International Council of Airshows,John Cudahy8,airshows without military performers have less than half of the attendance of shows that include military aircraft.In fact,in 2013,when the United States Department of Defense cancelled its participation in civilian airshows,attendance decreases of 75 percent to 80 percent occurred.In addition,without military aircraft,the noise impacts from the flyovers would be reduced. _ Therefore,the Reduced Project Alternative is aimed to reduce noise impacts due to the type of aircraft being used.Additionally,evacuation impacts would be reduced due to both a decreased number of employees and a decreased number of attendees. 8 John B.Cudahy,President,International Council of Air Shows.Letter correspondence dated March 25,2024. The Pacific Airshow Huntington Beech Project 29 ESA/0202300046.01 '' Findings of Fact and Statement of Overriding Considerations August 2025 196 6.0 Findings Regarding Alternatives The Reduced Project Alternative would not meet the following Project objectives: • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations,displays,food,and music. • Prove an event that promotes careers and opportunities in the Defense Forces. Since the Reduced Project Alternative would not include military flybys from military aircraft,the two above objectives would not be met in their entirety.In addition,since the Reduced Project Alternative would result in a decreased number of attendees,this alternative would also only partially meet the objectives of creating a net positive economic impact,increasing tax revenues, and continuing to provide jobs associated with the Airshow.With fewer attendees,it is anticipated that the positive economic impact,the potential tax revenues,tourism impact,quality level of show and the number of employees needed to staff the Airshow would all potentially be reduced. 6.3 Findings Regarding the Alternatives Of the alternatives analyzed in the EIR,the No Project Alternative is considered the environmentally superior alternative as it would avoid or reduce most of the potential impacts associated with operation of the Project.However,it would not meet the objectives of the Project. CEQA Guidelines require that,if the No Project Alternative is determined to be the environmentally superior alternative,an environmentally superior alternative must also be identified among the remaining alternatives.As such,the 2023 Airshow Alternative would result in the fewest environmental impacts as compared to the Project and is considered the Environmentally Superior Alternative.However,this alternative would not meet all of the Project Objectives.Furthermore,the 2023 Airshow Alternative would reduce the opportunity to gather since fewer events would be held over fewer days. The 2023 Airshow Alternative would not meet the following Project objectives in their entirety or to the extent the Project would: • Continue to provide a family-oriented,safe,educational,fun,and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations,displays,food,and music. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer,and event sponsors. • Increase in tax revenues(i.e.,sales tax and transit occupancy tax)to the City. • Continue to provide temporary and full-time jobs associated with the Airshow. Since the 2023 Airshow Alternative would not include a music festival,helicopter and aircraft runway/display, skateboard/BMX competition,pyrotechnic shows,sandcastle building competition,and beach camping,among other activities/features,fewer family-oriented events would be offered. With fewer activities,it is anticipated that the positive economic impact,the potential tax revenues, and the number of employees needed to staff the Airshow would each The Pacific Airshow Huntington Beach Project 30 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 197 7.0 Findings Regarding the Final EIR potentially be reduced.In addition,without offering the events promoting the beach community, including beach camping and sandcastle building among others,there would be a reduced positive impact to the promotion of the Huntington Beach Pier and beaches. In conclusion,the 2023 Airshow Alternative is the Environmentally Superior Alternative; however, it does not meet all the Project Objectives. 7.0 Findings Regarding the Final EIR The Responses to Comments,provided as Chapter 3 of the Final EIR, includes the comments received during the public review period on the Draft EIR and the City's responses to these comments. The focus of the Responses to Comments is on the disposition of significant environmental issues as raised in the comments, as specified by State CEQA Guidelines Section 15088(c). The purpose of the Final EIR is to respond to all comments received by the City regarding the environmental information and analyses contained in the Draft EIR. Corrections and Additions to the Draft EIR,provided as Chapter 4 of the Final EIR, includes any clarifications/corrections to the text,tables,figures, and appendices of the Draft EIR generated either from responses to comments or independently by the City.The City finds that comments made on the Draft EIR,the responses to these comments,and revisions to the Draft EIR clarify or update the analysis presented in the document but do not change the analysis or conclusions of the Draft EIR. Accordingly,no significant new information,as described in State CEQA Guidelines Section 15088.5,was added to the EIR after the Draft EIR was made available for public review. The comments,responses to comments, and the clarifications to the Draft EIR do not trigger the need to recirculate the EIR pursuant to State CEQA Guidelines Section 15088.5. These changes merely clarify or update the discussion but do not change the analysis or conclusions of the Draft EIR.Based on the analysis in the Draft EIR,the comments received, and the responses to these comments,no substantial new environmental issues have been raised that have not been adequately addressed in the Draft EIR.Also,no changes to the analysis or conclusions of the Draft EIR are necessary based on the comments,the responses to the comments,and the revisions to the Draft EIR noted above. 8.0 Statement of Overriding Considerations The City finds on the basis of the Final EIR and the record of proceedings in this matter that the significant and unavoidable impacts of the Project are acceptable when balanced against the benefits of the Project.This determination is based on the following Project objectives and the substantial public,social, economic, and environmental benefits generated from the Project as identified in the Draft EIR,the Final EIR and the record of proceedings in the matter.The Project objectives include the following: • Continue to provide a family-oriented,safe,educational,fun,and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. The Pacific Airshow Huntington Beach Project 31 ESA/D202300046.01 Findings of Fact and Statement of Overriding Considerations August 2025 198 8.0 Statement of Overriding Considerations • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations, displays,food,and music. • Prove an event that promotes careers and opportunities in the Defense Forces and in aviation. • Provide an event that promotes coastal access. • Continue to promote awareness and use of the Huntington Beach Pier and beaches. • Continue to promote awareness of the Huntington Beach hotels,restaurants,stores,and businesses across the City. • Continue to promote Huntington Beach and Southern California as a welcoming global 1 tourism destination. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer,and event sponsors. • Increase in tax revenues(i.e.,sales tax,transit occupancy tax,and property tax)to the City. • Continue to provide temporary and full-time jobs associated with the Airshow. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve,the Huntington Beach Wetlands,the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. Based on the analysis provided in Draft EIR Chapter 3,Environmental Setting, Impacts, and Mitigation Measures,implementation of the Project will result in significant impacts that cannot be feasibly mitigated with respect to Air Quality,Hazards and Hazardous Materials,and Noise. Considering the information contained in and related to the Final EIR,and pursuant to CEQA Guidelines Section 15092,the City of Huntington Beach finds that in approving the Project,it has eliminated or substantially lessened all significant and potentially significant effects of the Project on the environment where feasible as shown in these Findings.The City of Huntington Beach further finds that it has balanced the economic,social,technological,and other benefits of the Project against the remaining unavoidable environmental risks in determining whether to approve . . the Project and has determined that those benefits outweigh the unavoidable risks and that those risks are acceptable.The City of Huntington Beach makes this statement of overriding considerations in accordance with CEQA Guidelines Section 15093 in support of approval of the Project. Specifically,in the City's judgment,the benefits of the Project,as proposed,outweigh the significant and unavoidable impacts,and the Project should be approved. The Pacific Airshow Huntington Beath Project 32 ESA/D202300048.01 Findings of Fact and Statement of Overriding Considerations August 2025 199 1 ,,,,,,............. TIN GI0v-bATI'Av ............. 4/ ., 1 •.•• .to,P0RAre•••• Ilk \ EIR • - �- - r _• No . --.-........ ._..- - - ---- -- - -- % -17' \ '' ''' . • ' ' S Pacific Airshow 1 _ =_,,: -- _-{_ _____,.___ ________,____z_ . _ . ___ _ _ = City Council Meeting iewirielloir7 I,,i,......" I�'�• September 2, 2025 e - - . ' . 7,1_ '• - /••• ce.. A. . -- - .-- - \\'s)._..- c\ ► OS 1 •, a •e l 7, 19 O •.• w ‘<,01,0 v.. °U NT`f t ,,# EIR 25 -003.N0 ( Pacific Airs how • Analyzes and discloses the potential environmental impacts associated with the Pacific Airshow — Project Description includes new airshow activities • Impacts — EIR analyzes 6 environmental impact areas — Significance of impacts based on established thresholds — In CEQA terms, impacts categorized as: • No impact • Less than significant • Less than significant with incorporation of mitigation measures • Potentially significant •/1 N GT � TIN �. ............ • Mitigation Measures �I0O(�.•\NOORPOBgTF`....<9 — Mitigation Measures identified to reduce level of significance or minimize k •_. less than significant impacts (wildlife hazards & biological monitoring) ,� ��, � � k • Significant and Unavoidable Impacts — potentially significant impacts that `,cF::;,;;.;:;; =-•' o�0 cannot be feasibly mitigated to a less than significant level -`0UNTY \\\-## Topical Issues Analyzed Issues Analyzed in the Initial Study and Issues Analyzed in the EIR determined to have No Impact or LTS • Air Quality Impact • Biological Resources • Aesthetics • Hazards and Hazardous Materials • Agriculture and Forestry Resources • Noise • Cultural Resources • Transportation • Energy • Tribal Cultural Resources • Geology & Soils/Mineral Resources • Greenhouse Gas Emissions • Hydrology and Water Quality �� ��NTT GIN o • Land Use & Planning III/ . �..„60,,PORAreo•.••<9 .\ • Population & Housing • Public Services ;� - Y c • Utilities & Services systems te, °-•'��o it • Wildfire -GouNpi ;; � ���.i� Significant and Unavoidable • Air Quality — Operation emissions estimates from increased mobile source emissions (i.e. — vehicle trips) would continue to exceed daily emissions thresholds for criteria pollutants VOC, NoX, CO • Hazards & Hazardous Materials — Emergency evacuation — Lack of significance thresholds — Difficult to assume the wide range of possible emergency conditions, number and location of increased population during airshow activities, and probable increase in response times — Emergency response measures recommended to compliment the Local Hazard Mitigation Plan Plan and airshow evacuation plan .ro2, Q` ORPORA/ •. \ • Noise & Vibration �$�.: • 9 — Noise and vibration from multi-day music festival would exceed established "_ noise standards �9�. �'=re, o: o-zi��� — Mitigation is proposed to minimize impacts, but would remain significant �Co• ••••••••''p� ��� uNTY C�,1 Alternatives CEQA requires an EIR to identify and analyze a reasonable range of alternatives to the project that would: — Feasibly obtain most of the objectives of the project — Avoid or substantially lessen any of the significant effects of the project, as proposed The Draft Program EIR evaluated 3 Alternatives: • Alternative 1 : No Project/ No Airshow — Assumes no airshow would occur for the foreseeable future — Required by CEQA • Alternative 2: 2023 Airshow — assumes 2023 version of the Airshow with none o, �\N1iNcro� of the new airshow activities described in the project description � °`t.��� oaP�RATF •••,•'.�F9\\ • Alternative 3: Reduced Project — assumes reduced size of Airshow with no k kcJA military aircraft or equivalent noise-producing jets ����•.,,.Ff coUNTY�;ii1 Final EIR • Includes Draft Program EIR (made available for public review from February 20th through April 7t1) • Comments on the Draft Program EIR • Responses to comments on the Draft Program EIR • Text changes to the Draft Program EIR � `, NTIN�T • Mitigation Monitoring and Reporting Program 0�O,'.•• �•OkP�Hq• • • CT '�N� TF�•• J cF•FFB °.-,<e0 ,1 COIJ f CP;#/F Statement of Overriding Considerations • If the lead agency determines that it is infeasible to mitigate a significant environmental impact, the agency must adopt a "statement of overriding considerations." — The lead agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. Airshow Event Agreement • Pursuant to the lawsuit filed by Pacific Airshow, LLC following the 2021 Oil Spill, and based on the Settlement Agreement signed on May 9, 2023, the City has agreed to terms with the Pacific Airshow for a multi-year Airshow Event Agreement. Agreement Summary CONTRACT DETAILS Term 10 year term with 3, five year renewals, not to exceed 25 years. Parkin• Spaces Reduced from 3,500 to approximately 3,000 Restoration Fees To be completed annually by Pacific Airshow Permit Costs No charge to Pacific Airshow Personnel Costs To be paid by City Environmental Impact Report EIR and ongoing mitigation monitoring paid by City. CEQA amendments due to change in scope paid by Pacific Airshow. Additional Terms Pending resolution of current litigation, both parties may be required to renegotiate terms. 2025-2030 After 2030 Parking Revenue Pacific Airshow collects parking City will retain $10 per space sold by revenue from City Lots Pacific Airshow. In 2031 , price retained by City will increase by CPI Aim annually. RV Camping Revenue - . Pacific Airshow collects parking City will retain $100 per camping revenue from City camping spaces space sold by Pacific Airshow. In 2031 , price retained by City will increase by CPI annually. Agreement Summary • Pacific Airshow Obligations: • Obtain annual Specific Event Permit from the City in advance and secure all necessary federal, state, and local permits (FAA, Coastal Commission, Alcohol Beverage Control, etc.). • Restore event area after each show at the expense of Pacific Airshow. • Comply with all applicable laws and City rules for the duration of the agreement. • Require liability waivers from all event participants in a City-approved form. • Provide all operational resources including equipment, supplies, volunteers, staff, event setup, teardown, and technical needs. • Use local suppliers where reasonably possible and legally permissible. • Maintain required insurance coverage ($10M per occurrence / $10M aggregate general liability) naming City as additional insured. Agreement Summary • City Obligations: • Grant Pacific Airshow exclusive event rights for an annual airshow in Huntington g 9 disallowingcompeting airshow or aerialperformance events duringthe term Beach, p g of the Agreement. • Work with Pacific Airshow on event dates, ensuring the event does not occur between March 15—Set 15 toprotect Bolsa Chica nesting season. • Provide Pacific Airshow exclusive use and monetization rights for City parking • Waive City fees and costs for all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, pollution prevention fees, etc). • Assist Pacific Airshow in mitigating third-party costs by providing City resources for public safety, public works, and operational needs when possible. • Indemnify Pacific Airshow for CEQA challenges caused or undertaken by the City. Recommended Action A) Recommend certification of EIR No. 25-003 because: — It adequately analyzes the potential environmental impacts associated with the Pacific Airshow — Identifies project alternatives pursuant to CEQA — Provides mitigation measures to lessen the projects impacts — Has been prepared in accordance with the California Environmental Quality Act (CEQA). B) Approve CEQA Findings of Fact and Statement of Overriding Considerations Recommended Action C) Approve and authorize the Mayor and City Clerk to Execute the Airshow Event Agreement Between the City of Huntington Beach and Pacific Airshow, LLC for the management and operation of the Pacific Airshow D) Provide authority to the City Manager and City Attorney to amend On-Call Contract for ESA to appropriate an additional $250,000 for the Airshow Environmental Impact Report and ongoing mitigation monitoring, bringing the on-call contract total to $1 , 100,000 0 C CD Cl) •-i- -. 0 M Cl) •Ni) , . . - • ‘. • •1:.. __ .. . i• . . . „. . . , -- - ..q.r«,..•'''---- , • I' '4' _ ".\ , -); ..,-_ ---:77.•Lf fft::11.1': f ' 'kf fj. ) . - '' • f 1,'Ti 4 '1 1 1 , .. ---).. .,,firi. , • - 1 --....0 4,*,,,t .‘,.. 6. •i 1-.4 - ,If t i ) - .. ii--- -'...i!..r.n `..22* • ' - - 1 Okai, `,:::,:-.-...r...:::.7.,.7., ‘111 • ..1 i4' ' . 1 , f',':§4 e--7-2 .•,:a .':\ ?(.,,\1, f-..• 1.i ; ...,.r-.• i..t.,! ..._ ,...--,.5,-, _ i 1 ..r.t":..:-.4.;.,5 k ;If - ,..4 4. `---,--„,----.--- t'—'''s- -424 * '5'•4'11'.. 1 t'il ,,,, . ,, . .. 4.4_ , il miew , ...?, . f. •-,-; li' i' Ni. 7 ',', 7.)-; • .•• 4.fitiAA, " h .,. .1 i-7.• H : ", 1.72• 1 L.,::.,,,-,/,:',:!,k,.: •.,' ....• .•,',.1:T.:0 ":;'4,,,,, • ;/./‘ ' . -• , . Na....- '.? itip 1 .1',t. 1 ri -- -•:•:,,,-, . - liaL \ ,I111.: , •''' :'-',';'' ''''''-*' ‘ 'N t1W-,i;.`t, s -+•••Ir : , '''''/.^'''..d.15'. • ,1 //: IOW VlNG0111. c �••• :,,oRPORATF ••• 25 _003 __ 46 :37No . • ____ __ _ _______ -- --.. , \f - ace � cAirshow _-_,- • S _` - I• is- ----- City Council Meeting .. t September 2, 2025 ,valoagioar.7,,,,, , , ,4i,) , . ..„. 1 • '1 ••;Fb tv •• Q 0 ••• / 7, 199 ' .• •••••••••••Fa yaw UNT�' t># •►•►.►,,P,,�r►/ 200 EIR No . 25 -003 ( Pacific Airshow) • Analyzes and discloses the potential environmental impacts associated with the Pacific Airshow — Project Description includes new airshow activities • Impacts — EIR analyzes 6 environmental impact areas — Significance of impacts based on established thresholds — In CEQA terms, impacts categorized as: • No impact • Less than significant • Less than significant with incorporation of mitigation measures • Potentially significant 00/\NTiNGT 'I O��..................pRPORg � • Mitigation Measures ,sue.;-_N__ ___f ...,..57�` — Mitigation Measures identified to reduce level of significance or minimize less than significant impacts (wildlife hazards & biological monitoring) ���;. - - - „ ;_ t� • Significant and Unavoidable Impacts — potentially significant impacts that `-voN..;,; �;�;;:•••�co ai cannot be feasibly mitigated to a less than significant level couNTY 0,, Topical Issues Analyzed Issues Analyzed in the Initial Study and Issues Analyzed in the EIR determined to have No Impact or LTS • Air Quality Impact • Biological Resources • Aesthetics • Hazards and Hazardous Materials • Agriculture and Forestry Resources • Noise • Cultural Resources • Transportation • Energy • Tribal Cultural Resources • Geology & Soils/Mineral Resources • Greenhouse Gas Emissions • Hydrology and Water Quality �i1`,�NTINGT • Land Use & Planning i0 O` •\oBP0AATEO••••< • Population & Housing A=_ ''�9� • Public Services - - • Utilities & Services systems \`��'G''••.Fa ..... 9,��.•�••(�`I, �Fc�•........CPS,1 0° • Wildfire . f,, Significant and Unavoidable Impacts • Air Quality — Operation emissions estimates from increased mobile source emissions (i.e. — vehicle trips) would continue to exceed daily emissions thresholds for criteria pollutants VOC, NoX CO • Hazards & Hazardous Materials — Emergency evacuation — Lack of significance thresholds — Difficult to assume the wide range of possible emergency conditions, number and location of increased population during airshow activities, and probable increase in response times — Emergency response measures recommended to compliment the Local Hazard ,,.•- Mitigation Plan and airshow evacuation plan i�`#��N !.NflGro� • Noise & Vibration �i °=••''N�0aP0gTFo'•.,••���`\ — Noise and vibration from multi-day music festival would exceed established t44":111—_-... noise standards — Mitigation is proposed to minimize impacts, but would remain significant c ''�� '0��`�#• Alternatives CEQA requires an EIR to identify and analyze a reasonable range of alternatives to the project that would: — Feasibly obtain most of the objectives of the project — Avoid or substantially lessen any of the significant effects of the project, as proposed The Draft Program EIR evaluated 3 Alternatives: • Alternative 1 : No Project/ No Airshow — Assumes no airshow would occur for the foreseeable future — Required by CEQA • Alternative 2: 2023 Airshow — assumes 2023 version of the Airshow with none /#,#\,\ ..rucro� O ••..� o A P O flq rF•..� of the new airshow activities described in the project description ,���; ° ''•..FY�` • Alternative 3: Reduced Project — assumes reduced size of Airshow with no k military aircraft or equivalent noise-producing jets 2'•�., A F e , . .\< • �OMPI �;, Final EIR • Includes Draft Program EIR (made available for public review from February 20th through April 7t1) • Comments on the Draft Program EIR • Responses to comments on the Draft Program EIR • Text changes to the Draft Program EIR • Mitigation Monitoring and Reporting Program 0,VNRPNGo°�;, \\92 _: o Statement of Overriding Considerations • If the lead agency determines that it is infeasible to mitigate a significant environmental impact, the agency must adopt a "statement of overriding considerations." — The lead agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. Recommended Action • Recommend certification of EIR No. 25-003 because: — It adequately analyzes the potential environmental impacts associated with the Pacific Airshow — Identifies project alternatives pursuant to CEQA — Provides mitigation measures to lessen the projects impacts — Has been prepared in accordance with the California Environmental Quality Act (CEQA). • Approve CEQA Findings of Fact and Statement of Overriding Considerations -s,�4 tea Aq s �'. d ,d °aa„j ,gar " 's, ' —itiii, ,i -;...„!....it ; tik a:1,.' I , '' ''' L.1(' 1* 'T:'7•1..)'‘,:lff 441:v1_,,,..,l'ia . I t';-...1).19. ,,,.�.,,, . , . .^ "•,••••',:::;iri;';',!e4;16:$-:''''",..,:g . .ik.,,[..,i,.-,,,i) 0■ (in O Cl)• a) THE PACIFIC AIRSHOW HUNTINGTON BEACH Final Environmental Impact Report Prepared for August 2025 City of Huntington Beach ►" ESA 4 'x ..n ems.►-�,,.�1! �.�i�° - .+M�r ...�r� � .vii��, -f a 1,1( y ti r,_. .,�,w l 7• _ f�. �• r fit' �. -. • `""^�� k.� r ,f,_ '�f-r'1, + ' . 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H ar t �l.�:6_-... .t�' tL ��� !R!. //..+ wi�i ram- — L-. s. • THE PACIFIC AIRSHOW HUNTINGTON BEACH Final Environmental Impact Report • • Prepared for August 2025 City of Huntington Beach • 420 Exchange ESA Suite 260 �( �1 IMne,CA 92602 949,753.7001 esnssoc.com Bend Pasadena San Francisco IMne Pensacola San Jose Los Angeles Petaluma Santa Barbara Mobile Portland Sarasota Oakland Rancho Cucamonga Seattle Orlando Sacramento Tampa Palm Beach County San Diego Thousand Oaks D202300046.01 OUR COMMITMENT TO SUSTAINABILITY I ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions.ESA is a registered assessor with the California Climate Action Registry,a Climate Leader, and founding reporter for the Climate Registry.ESA is also a corporate member of the U.S.Green Building Council and the Business Council on Climate Change(BC3).Internally,ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations.This document was produced using recycled paper. CONTENTS The Pacific Airshow Huntington Beach Final Environmental Impact Report Page Chapter 1. Introduction to Response to Comments 1-1 1.1 CEQA Requirements 1-1 1.2 CEQA Process 1-2 1.2.1 Public Participation Process 1-2 1.3 Evaluation and Response to Comments 1-3 1.4 Final EIR Certification and Approval 1-3 1.5 Notice of Determination 1-3 Chapter 2. List of Commenters 2-1 Chapter 3. Responses to Comments 3-1 3.1 Comments and Responses • 3-1 3.2 Master Responses 3-1 3.3 Individual Responses 3-8 3.4 Response to Written Comments 3-8 Comment Letter 1: California Coastal Commission 3-12 Comment Letter 2: California State Lands Commission 3-42 Comment Letter 3: California Department of Fish and Wildlife 3-74 Comment Letter 4: California Department of Transportation 3-82 Comment Letter 5: City of Seal Beach 3-86 Comment Letter 6: Bolsa Chica Conservancy 3-92 Comment Letter 7:Amigos de Bolsa Chica 3-96 Comment Letter 8: Coastal Corridor Alliance 3-101 Comment Letter 9: Costa Mesa First 3-126 Comment Letter 10: Fairview Park Alliance 3-138 Comment Letter 11: Hamilton Biological 3-141 Comment Letter 12: Carstens, Black& Minteer LLP 3-212 Comment Letter 13: Schelly Sustarsic \ 3-221 Comment Letter 14: Susan Perrell 3-227 Comment Letter 15: Kathryn Sinacori 3-235 Comment Letter 16: City of Costa Mesa 3-245 Chapter 4. Corrections and Additions to the Draft EIR 4-1 4.1 Text Changes Made in Responses to Comments 4-1 Chapter 2, Project Description 4-1 Chapter 3, Environmental Setting, Impacts, and Mitigation Measures 4-6 Appendices 4-8 4.2 Staff Initiated Text Changes 4-8 Chapter 2, Project Description 4-8 Chapter 3, Environmental Setting, Impacts, and Mitigation Measures 4-11 Appendix E. Aviation Noise Technical Report 4-13 The Pacific Airshow Huntington Beach Project I ESA/202300046.01 Final Environmental Impact Report August 2025 Contents Chapter 5. Mitigation Monitoring and Reporting Program 5-1 5.1 CEQA Requirements 5-1 Tables Table 2-1 Comment Letters Received 2-1 Table 3-1 Summary of Daily Traffic Volumes at the Three Access Point Locations 3-249 Table 3-2 Change in Daily Volumes With and Without the Project at the Three Access Point Locations 3-249 Table 3-3 Daily Traffic Volumes During Non-Orange County Fair(OC Fair) Weekends (Baseline) and OC Fair Weekends at the Three Access Point Locations 3-250 Table 3-4 Change in Total Daily Traffic Volumes and Percentage Difference During Non-OC Fair and OC Fair Weekends at the Three Access Point Locations 3-250 Table 5-1 Mitigation Monitoring and Reporting Program for the Pacific Airshow Huntington Beach Project 5-2 The Pacific Airshow Huntington Beach Project II ESA/202300046.01 Final Environmental Impact Report August 2025 CHAPTER 1 Introduction to Response to Comments This Final Environmental Impact Report(Final EIR)has been prepared in accordance with the California Environmental Quality Act(CEQA)as amended(Public Resources Code Section 21000 et seq.)and CEQA Guidelines(California Code of Regulations Section 15000 et seq.). The Final EIR incorporates,by reference,the Draft EIR(State Clearinghouse No.2024020006) prepared by the City of Huntington Beach(City) for the Pacific Airshow(Airshow or Project),as it was originally published on February 20,2025,and the following chapters,which include a list of persons,organizations, and public agencies commenting on the Draft EIR,comments received on the Draft EIR,responses to those comments,and revisions made to the Draft EIR either in response to a comment or as initiated by City staff. 1.1 CEQA Requirements Before the City may approve the Project,it must certify that the Final EIR: a)has been completed in compliance with CEQA;b)was presented to the City Council who reviewed and considered it prior to approving the Project; and c)reflects the City's independent judgment and analysis (CEQA Guidelines Section 15090). CEQA Guidelines Section 15132 specifies that the Final EIR shall consist of the following: -- • The Draft EIR or a revision of that draft; • Comments and recommendations received on the Draft EIR; • A list of persons, organizations,and public agencies commenting on the Draft EIR; • The response of the Lead Agency to significant environmental points raised in the review and consultation process; and • Any other information added by the Lead Agency. This Final EIR for the Project includes the Draft EIR, as well as Chapter 1 through Chapter 5 of this Responses to Comments document: • Chapter 1: Introduction to response to comments and a description of the CEQA process. • Chapter 2:A list of persons,organizations,and public agencies commenting on the Draft EIR. • Chapter 3:Written comment letters received on the Draft EIR and written responses to each comment identified in Chapter 2 that raise a significant environmental issue. • Chapter 4: Corrections and additions made to the Draft EIR in response to comments received or initiated by the Lead Agency. • Chapter 5:Mitigation Monitoring and Reporting Program. The Pacific Airshow Huntington Beach Project 1-1 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 1.Introduction to Response to Comments 1.2 CEQA Process 1 .2.1 Public Participation Process Notice of Preparation and Public Scoping On February 1,2024,in accordance with Section 15082 of the State CEQA Guidelines,the City published a Notice of Preparation(NOP)of the Draft EIR,and circulated it to the State Clearinghouse,resources agencies,and interested parties. The NOP requested comments on the scope of the Draft EIR. The comment period extended from February 1,2024,through March 4, 2024,for a period of 33 days. The NOP provided a description of the project location, existing site conditions and surrounding land uses,land use and zoning designations,project background, project characteristics,historic and continued airshow activities and events,new airshow activities anticipated for 2024 through 2034,the airshow performer schedule,airshow performers, airport origin, airshow flight paths,and airshow performance duration,the show center area layout and event viewing, access,ingress/egress,road closures,and parking,airshow set up and site breakdown,event security and evacuation,utilities, and review and approvals. On February 21,2024, in accordance with CEQA Section 21083.91,the City held an in-person public scoping meeting to obtain public comments and suggestions from interested parties on the scope of the Draft EIR. On February 22,2024,the City held a virtual scoping meeting for public agencies. The in-person public scoping meeting was held at the Huntington Beach City Hall, Lower Level Rooms B-7 and B-8,2000 Main Street,Huntington Beach, CA 92648. The virtual scoping meeting for agencies was held via Zoom.At the scoping meetings,a brief presentation and overview of the Project was provided.After the presentation,oral and written comments on the scope of the environmental issues to be addressed in the Draft EIR were accepted. Notice of Availability of the Draft EIR The Notice of Availability(NOA) of the Draft EIR was posted on the Project Site and with the County Clerk in Orange County on February 20,2025. Copies of the Draft EIR were made available to the public at the following locations: • City of Huntington Beach,Planning Division,2000 Main Street,Huntington Beach,CA 92648. • City of Huntington Beach Central Library,7111 Talbert Avenue,Huntington Beach,CA 92648. • City of Huntington Beach Website: — https://www.huntingtonbeachca.gov/departments/community_development/major _projects.php — https://www.huntingtonbeachca.gov/departments/community_development /environmental_reports.php The Draft EIR was circulated for a 47-day public review from February 20,2025,through April 7,2025, as required by Section 21091 of the Public Resources Code. 1 CEQA Section 21083.9 requires that a lead agency call at least one scoping meeting for a project of statewide, regional,or areawide significance. The Pacific Airshow Huntington Beach Project 1-2 ESN202300046.01 Final Environmental Impact Report August 2025 Chapter 1.Introduction to Response to Comments 1.3 Evaluation and Response to Comments CEQA Guidelines Section 15088 requires the City of Huntington Beach, as the Lead Agency,to respond to comments on significant environmental issues raised by parties that have reviewed the Draft EIR and prepare written responses to those comments.The written responses to commenting public agencies shall be provided at least ten(10)days prior to the certification of the Final EIR(CEQA Guidelines§15088(b)). 1.4 Final EIR Certification and Approval Prior to considering the Project for approval,the City, as the Lead Agency,will review and consider the information presented in the Final EIR and will certify that the Final EIR: (a) Has been completed in compliance with CEQA; (b) Has been presented to the City Council as the decision-making body for the Lead Agency, which reviewed and considered it prior to approving the project;and (c) Reflects the City's independent judgment and analysis. Once the Final EIR is certified,the City Council may proceed to consider project approval (CEQA Guidelines§15090).Prior to approving the Project,the City must make written findings for all significant environmental effects and adopt statements of overriding considerations for each unmitigated significant environmental effect identified in the Final EIR in accordance with Sections 15091 and 15093 of the CEQA Guidelines,respectively. 1.5 Notice of Determination Pursuant to Section 15094 of the CEQA Guidelines,the City will file a Notice of Determination (NOD)with the Office of Planning and Research and Orange County Clerk within five working days of project approval, if the Project is approved. The Pacific Airshow Huntington Beach Protect 1-3 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 1.Introduction to Response to Comments This page intentionally left blank The Pacific Airshow Huntington Beach Project 1-4 ESA/202300046.01 Final Environmental Impact Report August 2025 CHAPTER 2 List of Commenters The Draft Environmental Impact Report(Draft EIR)for the Pacific Airshow(Airshow or Project) was circulated for public review for 47 days(February 20,2025,through April 7,2025)in accordance with the requirements of CEQA Guidelines Section 15105(a). The City received 16 comment letters during the public review period,which are listed in Table 2-1 and also included in their entirety within Chapter 3.The letters have been marked with brackets that delineate comments pertaining to environmental issues and the information and analysis contained in the Draft EIR.Responses to such comments are provided in Chapter 3. TABLE 2-1 COMMENT LETTERS RECEIVED • Comment No. Commenting Agency Date of Comment 1 California Coastal Commission April 7,2025 2 California State Lands Commission April 7,2025 3 California Department of Fish and Wildlife April 7,2025 4 California Department of Transportation March 27,2025 5 City of Seal Beach March 28,2025 6 Bolsa Chica Conservancy April 7,2025 7 Amigos de Bolsa Chica March 31,2025 8 Coastal Corridor Alliance April 7,2025 9 Costa Mesa First April 7,2025 10 Fairview Park Alliance March 4,2024 11 Hamilton Biological March 4,2024 12 Carstens,Black&Minteer,LLP April 7,2025 13 Schelly Sustarsic April 5,2025 14 Susan Perrell March 29,2025 15 Kathryn Sinacori March 12,2025 16 City of Costa Mesa April 7,2025 The Pacific Airshow Huntington Beach Project 2-1 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 2.List of Commenters This page intentionally left blank The Pacific Airshow Huntington Beach Project 2-2 ESN202300046.01 Final Environmental Impact Report August 2025 CHAPTER 3 Responses to Comments 3.1 Comments and Responses This Chapter contains responses to comments on the Draft EIR that were received from government agencies,boards or commissions,organizations,and individuals, in writing. Consistent with Sections 15088(a)and 15088(b) of the CEQA Guidelines,comments that raise significant environmental issues are provided with responses. Comments that are outside of the scope of CEQA review(i.e.,where a comment does not raise a significant environmental issue,or where it expresses the subjective opinion of the commenter)will be forwarded for consideration to the decision-makers as part of the project approval process;these comments are answered with a general phrase,but no more detailed response is provided.All comments will be considered by the City of Huntington Beach,the Lead Agency,when making a decision on the Project. Responses are provided as individual responses that respond to specific comments raised and as master responses that respond to broad issues where there were several public comments on the same issue.Master responses are presented first,followed by individual responses.Each comment letter, in numerical order,is included in its entirety, followed by the responses to the individually numbered comments. In some instances,in response to the comment,the City has electively made additions or deletions to the text of the Draft EIR;additions are included as underlined text and deletions as strickent(refer to Chapter 4). The revisions do not alter the conclusions in the Draft EIR. Therefore,the Draft EIR is not required to be recirculated as required by CEQA Guidelines Section 15088.5. 3.2 Master Responses Master responses(Master Response A and Master Response B)are used to address similar comments that were raised in more than one letter and to provide information in a comprehensive, easily located discussion that clarifies and elaborates upon the analyses in the Draft EIR.The master responses are provided below: Master Response A: Determination of Flight Paths As stated in Chapter 2,Project Description,on pages 2-10 and 2-11 of the Draft EIR: The Applicant will provide mandatory in person or virtual daily formal briefings each day of the Airshow to all pilots about the location, nature, and sensitivity of the BCER The Pacific Airshow Huntington Beach Project 3-1 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments and will request avoidance of overflights over this area.In addition, the Applicant will advise Southern California Terminal Radar Approach Control Facilities (TRACON) and the Joint Forces Training Base Los Alamitos Airfield Tower on the location, nature, and sensitivity of the BCER and will request avoidance of overflights in this area. The Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER. When overflights of the BCER cannot be avoided, the Applicant will request that overflights occur at 1,000 feet above ground level or above. Because pilots could be instructed by the to fly over the BCER,preactivity surveys and biological monitoring will be conducted each year as part of the Project, at least one day prior to the Airshow as well as during the operation of the Airshow to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas. The Airshow airport origins,Airshow flight paths, and Airshow performance durations are subject to change each year for the Airshow. Neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams. As required by FAA regulations,a pilot in command(PIC)is directly responsible for the safe operation of their aircraft and safety of each flight,including any/all passengers and crew.A PIC is the final authority of their aircraft's operation and may deviate from any regulation in 14 CFR, Part 91, Subpart A(General)and Subpart B (Flight Rules)as required to maintain safety of flight. Many commenters have requested the avoidance of flights over the Bolsa Chica Ecological Reserve(BCER) and that any overflight of the BCER occur at an altitude of 1,000 feet above ground level(AGL)or higher.As stated above, all pre-flight briefings will include these exact requests made to all participating pilots. While it is the desire of the Applicant to avoid incursions over the BCER, it is important to note that neither the Applicant nor the City possesses authority to restrict such activities. While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups, all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Master Response B: Previous Agency Concerns About the Airshow Several commentors mentioned a video regarding the"airshow's past harm to wildlife."The City is not in possession of a video.However,Pacific Airshow mentioned a video received from Melissa Borde,Reserve Manager for the BCER,during the 2024 Airshow,requesting confirmation that an overflight was at or above 1,000 feet AGL.Pacific Airshow stated they consulted with the Thunderbirds,who confirmed the readings of their calibrated altimeters reflected flights at or above 1,000 feet AGL. The Pacific Airshow Huntington Beach Project 3-2 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments There have also been comments in letters submitted by the California State Lands Commission, the California Department of Fish and Wildlife,and Carstens,Black&Minteer indicating there have been significant adverse impacts on wildlife and habitat on the Bolsa Chica Wetlands during previous Airshows;however,specific evidence has not been provided as part of this Draft EIR process. Therefore,these comments are noted and included in the Project record.No response is required because the comment neither raises a specific, significant environmental issue nor addresses the contents of the Draft EIR. Master Response C: Timing of the Airshow Relative to Bird Nesting Seasons Section 3.2,Biological Resources,page 3.2-40, of the Draft EIR,indicates the nesting season for sensitive birds is March to September,which is a conservative assumption given that actual nesting seasons are dependent on each species and typically end before the Airshow or the pre- Airshow activities.The Airshow typically occurs during the first,full weekend of October, outside of the nesting season;however,there has been,and could be in the future,an occasion where the Airshow may need to occur during the last day or two of September,leading into the first days of October.Further, as stated in the Chapter 2,Project Description, of the Draft EIR, aircraft flight familiarization and flight practice flyovers begin as early as Monday of the week of the Airshow,which means there could be aircraft activity during the last week of September. The"general"nesting season in southern California is loosely defined as February 1st though August 31st. More specifically, according to a document entitled Western Snowy Plover Nesting at Bolsa Chica, Orange County, California 2022(Peter Knapp,California Depaitnient of Fish and Wildlife,and Rachel Woodfield,Merkel&Associates I),the western snowy plover nesting season is from mid-March through mid-September,with the final nest completed by September 10 in 2022.The Belding's savannah sparrow nesting season is from April through July(Zeiner et al. 1988-19902).According to the U.S. Fish and Wildlife Service,the nesting season for the California least tern is from mid-April to mid-September(USFWS 20253). Even the earliest pre- Airshow activities would occur at least one week beyond the end of the identified nesting season for the California least tern and western snowy plover, and well beyond the nesting season for the Belding's savannah sparrow. Lastly, the light-footed Ridgway's rail nesting season is mid-March to the end of August,4 which would also occur outside of pre-Airshow and Airshow activities. As stated in the Chapter 2,Project Description,of the Draft EIR,and quoted in Response to Comment 2-4,pre-Airshow activity surveys and biological monitoring will be conducted each year to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas.The biological monitors will assess the project area for nesting species and,if they occur,will identify specific measures to avoid potential impacts, as further described in Master Response D. Worth noting,the biological 1 Microsoft Word-2022 Bolsa Chica WSP Report.doc,accessed on April 23,2025. 2 BESS5yr.pdf,accessed on April 23,2025. 3 California Least Tern(Sterna antillarum browni)1 U.S.Fish&Wildlife Service,accessed on April 23,2025. 4 Light-footed Ridgway's rail,accessed on April 23,2025. The Pacific Airshow Huntington Beach Project 3-3 ESA/202300046.01 Final Environmental Impact Report / August 2025 Chapter 3.Responses to Comments monitoring that occurred from 8:00 am to 4:30 pm during the first two days of the 2023 Airshow (September 29,2023,and September 30, 2023)did not detect noise-related impacts to sensitive species during flyovers or the presence of nests. Further,the Applicant has voluntarily agreed that future Airshows and applicable Airshow activities(i.e.,Airshow set up and site breakdown, aircraft flight familiarization and flight practice flyovers)will not begin prior to September 15 each Airshow year.There are currently routine helicopter flights conducted by the CDFW and the oil rig operators,as well as daily overflights from private and commercial aircraft,both of which also occur during the March to September nesting season,and there is no documented evidence of disturbance to nesting birds. To ensure enforceability of the biological monitoring efforts,this Project Description Feature (PDF-1)will also be voluntarily included in the Project's Mitigation Monitoring and Reporting Program(MMRP).Because there are no identified and substantiated potentially significant impacts associated with the temporary Airshow activities on biological species,biological monitoring is not required as a mitigation measure. In summary,the following will occur to ensure that potential impacts to nesting birds remain less than significant: • Pre-airshow activities would occur at least one week beyond the end of the identified nesting season for the California least tern and the western snowy plover and well beyond the end of the identified nesting season for the light-footed Ridgway's rail and general avian species. • As further described in Master Response D,monitoring efforts will be conducted before and during the Airshow to survey for nests and provide measures to avoid potential impacts. The biological monitoring efforts are voluntarily included as part of the Project Description because there is no potentially significant environmental impact it would have mitigated; however,to ensure enforceability,biological monitoring will also be included in the MMRP. • Daily briefings have and will continue to occur,although the outcome of those briefings cannot be guaranteed, as further described in Master Response A. The following text changes will be made to Chapter 2,Project Description,pages 2-10 and 2-11 of the Draft EIR: To ensure enforceability of the biological monitoring efforts,this Project Description feature will be voluntarily included in the Project's Mitigation Monitoring and Reporting Program(MMRP).In summary,the following will occur to ensure that potential im acts to nesting birds remain less than significant: o Pre-airshow activities would occur at least one week beyond the end of the identified nesting season for the California least tern and the western snowy plover and well be the end of the identified nesting season for the light-footed Ridgyvav s rail and general avian species. o Monitorin• efforts will be conducted before and durin: the Airshow to surve for nests and provide measures to avoid potential impacts. The Pacific Airshow Huntington Beach Project 3-4 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments o Daily briefings have and will continue to occur, althou•h the outcome of those briefings cannot be guaranteed. Master Response D: Biological Monitoring As stated in Chapter 2,Project Description,pages 2-10 and 2-11 of the Draft EIR,"Because pilots could be instructed by the ATC to fly over the BCER,pre-Airshow surveys and biological monitoring will be conducted each year as part of the Project,at least one day prior to the pre- airshow activities, as well as during the operation of the Airshow to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas."The following text changes will be made to Chapter 2,Project Description,pages 2-10 and 2-11 of the Draft EIR: Numerous daily flights by commercial and private aircraft currently fly over the BCER and helicopters regularly land at a helipad located within the BCER.However,the Project could increase the amount of air traffic that occurs over the BCER.The Applicant will provide mandatory in-person or virtual daily formal briefings each day of the Airshow to all participating pilots about the location,nature, and sensitivity of the BCER and will request avoidance of overflights and streamer drops over this area.In addition, the Applicant will advise Southern California Terminal Radar Approach Control Facilities(TRACON)and the Joint Forces Training Base Los Alamitos Airfield Tower on the location,nature,and sensitivity of the BCER and will request avoidance of overflights in this area. The Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER. When overflights of the BCER cannot be avoided,the Applicant will request that such overflights occur at 1,000 feet AGL or higher.While it is the desire of the Applicant to avoid incursions over the BCER,it is important to note that the Applicant possesses no authority to restrict such activities. ..strutted by tl,e to fly e r tt,e BCE activity� n bi„logic l . .,itorir,g will aaaoau ," be,VVaall Ci nutted e c , part of the Project, nt least e e day prior to the A irshow n UV ,ell as d„rin..the a ratio.,, o f the A irshew to deter.�.ine whether A irnl,,......,.tiyity; vv vaa uo¢ e impaetinglaini-behavier-and-te-ensur-e4hat-ne-Air-sheated-debfis-dfifts-inte4he seasitive-eeelegieal-areas, l,e A T irsh „rt oeA ,ow irsl flight pnth�� n.,d ew n n Au o irshew perf r.r,a„ce d„rntions n M„ eet to ch nge e l,e . r f r the A irshew e aaav� Neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area, required vertical and horizontal separation from other air traffic as directed by TRACON, and prior training related to highly choreographed Airshow sequences by military display teams. As required by FAA regulations,a pilot in command(PIC)is directly responsible for the safe operation of their aircraft and safety of each flight,including any/all passengers and crew. A PIC is the final authority of their aircraft's operation and may deviate from any The Pacific Airshow Huntington Beach Project 3-5 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments regulation in 14 CFR,Part 91, Subpart A(General)and Subpart B (Flight Rules)as required to maintain safety of flight. While the Applicant can influence the sequence and timing of each performer's disnlav in the overall Airshow lineups, all decisions made during a flight sequence,includin• the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Because pilots could be instructed by the air traffic control(ATC)to fly over the BCER due to these factors above,preactivity surveys and biological monitoring will be conducted each year to determine whether Airshow activity is impacti g bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas. Further,future Airshow and applicable Airshow activities(i.e.,Airshow set up and site breakdown,aircraft flight familiarization and flight practice flyovers will not be in .rior to September 15 each Airshow year. The specific monitoring efforts will include the following: o A qualified biologist(familiar with nesting shorebirds and possessing all necessary permits)will conduct a preactivity survey of the areas with documented sensitive biological resources,including the BCER,areas known to support historic or existing state and/or federally listed species,such as the western snowy plover and California least tern,and the Show Center Area. These surveys will occur one day before any pre-Airshow activities and continue through every day of pre-Airshow and Airshow activities to observe baseline avian behavior and the effects of the Airshow on bird behavior. o The qualified biological monitor will be present in areas with documented sensitive biological resources,including the BCER,areas known to support historic or existing state and/or federally listed species,such as the western snowy plover and California least tern, and the Show Center Area during the Airshow to monitor bird activity and reactions during the event. o If nests are found,the qualified biologist shall establish a 300-foot buffer for CEQA- or ESA-listed species and a 500-foot buffer for Fully Protected species.The buffer shall be between the Airshow activities,including presence of spectators,and the nest site. The buffer shall be delineated with construction fence,and signs shall be posted along the fence informing the public of the sensitive nature of the nesting site and indicating the area shall not be entered. o Trash and debris in the vicinity of nest sites or other sensitive habitats shall be removed by or at the discretion of the qualified biologist. o During the 2023 Airshow,no noticeable change in avian behavior was observed and no California least tern or western snowy plover were observed.If a noticeable change in behavior(i.e.,flushing or flying off)b state and/or federally listed species (e.g.,western snowy plover. California least tern. and/or Belding's savannah sparrow)is observed by the biological monitor resulting from flyovers during future The Pacific Airshow Huntington Beach Project 3-6 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Airshows,the monitor will consult with the City and the Applicant to propose an increase in flight elevation,recognizing that the FAA, flight controllers,and the pilots ultimately determine flight elevations. o Followin?the conclusion of the annual Airshow the biological monitor will prepare apost-Airshow report to: (1)document observations,includin reporting any relevant information to the CNDDB website and/or CDFW's Vegetation Classification and Mapping Program(although the focus of the monitoring efforts is on avian species). (2)identify measures that were taken,as needed,to avoid potential impacts to nesting or sensitive species;and(3)provide recommendations for future Airshows. The report will be made available to the public on the City's website. Results of 2023 Biological Monitoring Efforts Biological monitoring was conducted for the 2023 Pacific Airshow on September 29,2023, and September 30,2023,from 8:00 am to 4:30 pm each day.Monitoring was conducted at the areas within the study area(refer to Figures 3.2-1A to 3.2-1J of the Draft EIR) that have the potential to support sensitive biological resources, as well as the BCER,both parking areas around the beach area south of the Show Center Area(including the Magnolia Marsh habitat south of Magnolia Street),the areas known to support California least tern and snowy plover, as well as the Show Center Area that was not determined to support sensitive biological resources,but was assessed during monitoring to confirm bird activity(refer to Appendix D of the Draft EIR for monitoring results). No California least tern or western snowy plover were observed.The state listed Belding's savannah sparrow was observed within the BCER along with the other birds of interest,with the Osprey south of the Show Center Area recorded foraging. No observed birds,including the Belding's savannah sparrow,indicated disturbance during Airshow activities south of the Show Center Area or at the BCER, as they were observed sufficiently far from the main Airshow activities associated with the Show Center Area. In general, several flocks at the beach(near the Show Center Area)dispersed due to larger aircraft flying overhead. Shorebird foraging seemed to be influenced by larger crowds of people attracted to the beach and potentially to aircraft as they were found south of the Show Center Area at the Santa Ana River outflow during the Airshow.ESA biologists observed them foraging earlier in the day in sections of the beach before the Airshow and large crowds appeared,but these areas were later void of shorebirds once crowds appeared. In summary,foraging flocks and birds observed appeared relatively undisturbed at BCER North and South(either unaffected or resumed disrupted foraging behavior shortly after aircraft moved away from the area).No streamers or other debris were observed in the Reserve or other habitat areas during monitoring. The Pacific Airshow Huntington Beach Project 3-7 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments 3.3 Individual Responses The following section contains the written comments received on the Draft EIR followed by the responses to those comments.They are presented with consecutive numbering(e.g.,Letter 1, Letter 2,Letter 3,etc.). Consistent with Sections 15088(a)and 15088(b)of the CEQA Guidelines,comments that raise significant environmental issues are provided with responses. Comments that are outside the scope of CEQA review will be forwarded for consideration to the decision-makers as part of the Project approval process.All comments will be considered by the Lead Agency when making a decision on the Project. 3.4 Response to Written Comments The following are written comment letters received,followed by their responses. The Pacific Airshow Huntington Beach Project 3-8 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 1 STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor CALIFORNIA COASTAL COMMISSION e� South Coast Area Office Go: 301 E Ocean Blvd,Suite 300 `y ; •�.. Long Beach,CA 90802 (562)590-5071 April 7, 2025 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Department of Community Development SENT VIA ELECTRONIC MAIL RE: Pacific Airshow Huntington Beach Project, City of Huntington Beach Coastal Commission Staff Comments on Draft Environmental Review Connor Hyland, Thank you for the invitation to comment on the Draft Environmental Impact Report (EIR)for the Pacific Airshow Huntington Beach Project (project) located along the public beach along Pacific Coast Highway between 7th Street and Beach Boulevard in Huntington Beach. As described in the EIR, portions of the project would be located within the California Coastal Commission's retained permitting jurisdiction for coastal development permits and subject to the requirements of the California Coastal Act. As described in the EIR, the annual project would enclose approximately one mile of public beach 1-1 for roughly one week, within which a privately ticketed airshow event space is held for three days. The privately ticket airshow event space also includes installing temporary infrastructure for private viewing areas, concessions, food and merchandise stalls, restrooms, a temporary runway, live concert staging, electronics such as flight simulators, BMX and skateboard competition facilities, a wave pool, and pyrotechnics. While the event grounds are located along the waterfront of Huntington Beach, Huntington City Beach parking lots, Huntington City Beach RV Campground, and the Huntington Beach Pier, a key feature of the event is civilian and military planes and jets performing flyovers and acrobatic displays over the three days of the event and during the practice week leading up to it, centered around the show center area but encompassing multiple square miles of airspace over coastal habitat and resources. The following comments are related to the proposed project's consistency with the Coastal Act. — Biological Resources. Coastal Act Section 30240 states that"environmentally sensitive areas shall be protected against any significant disruption of habitat values,"and that"development in areas adjacent to environmentally sensitive habitat areas...shall be sited and designed to prevent impacts which would significantly degrade those areas." Planes and jets can have immense and far-reaching noise impacts at ground level, particularly when executing high speed and low altitude maneuvers typical at airshows. Military aircraft, such as F-series jets identified by the EIR as possibly participating regularly in the proposed airshows, typically produce noise levels well in excess of 100 dB at ground level in their vicinity. There are multiple nature preserves in the surrounding area of the 1-2 airshow containing sensitive habitat that could suffer significant adverse impacts to species present, including endangered nesting birds, by aircraft flying over or near their boundaries. Bolsa Chica Ecological Reserve, Seal Beach National Wildlife Refuge, Upper Newport Bay Nature Preserve, Brookhurst Marsh, and Los Cerritos Wetlands are just some of the sensitive habitat areas located in close proximity to the airshow center and potential flight paths. In its study of potential biological impacts, the draft EIR limited its biological study area to only a small portion of the Bolsa Chica Ecological Reserve and completely excluded other nearby sensitive habitat areas from its analysis. Flight paths for aircraft participating in the airshow can be expected to extend well beyond the approach corridors outlined in the EIR, and as such, impacts should be V Pacific Airshow Huntington Beach Project Coastal Commission Staff Comments on Draft Environmental Review Page 2 of 3 analyzed across the potential operating airspace of participating aircraft, not simply flight paths to A the associated airfields. It is recommended that the whole of any sensitive habitat areas such as the Bolsa Chica Ecological Reserve and others that could be flown over by aircraft should be analyzed for their coastal biological resources and risk of impact. Similarly, alternative flight paths to and from 1-2 the associated airfields that completely avoid sensitive habitat areas, as well as alternatives to the (cont.) Airshow Performance Area that minimize risk of flight path intersection with habitat areas should be considered. — Because flight paths can change and deviate from expected areas without notice during aircraft maneuvering despite guidance, mitigation measures for habitat monitoring for the event should be expanded to include the whole of nearby preserves and also be conducted during all practice and performance days. Additionally, the project proponent should clarify how the information from habitat 1-3 monitoring surveys will be used to inform operational changes to mitigate any observed impacts. It is recommended that mitigation planning engage with State and local agencies to ensure the efficacy of these plans in the protection of biological resources. Water Quality. Section 30230 of the Coastal Act requires that marine resources be protected, while — Section 30231 requires that water quality of coastal waters be protected by minimizing waste water and runoff pollution! With the event including the sale of food and drink and the potential placement of temporary restrooms, motorized vehicles, aircraft, and wave pools on the beach along coastal waters, all of which have potential pollution impacts on ocean waters, the risks to water quality from these activities and any unexpected spills should be analyzed. Information should be provided on 1-4 the materials being used and the equipment required for the construction of the temporary infrastructure referenced in the EIR, such as the temporary runway, wave pools, concert staging, flight simulators, and any concessions. Potential impacts should be fully considered and minimized to ensure the protection of water quality and marine resources. It is recommended that water quality best management practices (BMPs) be proposed as part of this mitigation strategy. _ Furthermore, the EIR identifies fuel dumps into ocean waters as a possibility from participating aircraft without indicating any plans for how a spill event would be responded to and managed. Section 20232 of the Coastal Act requires that spillage during the transportation of petroleum 1-5 products be protected against and that procedures for the effective containment and cleanup facilities in the case of a spill be provided in development plans. It is recommended that response plans be prepared in the case of an aircraft fuel dump to protect marine resources and water quality. Public Access. Section 30211 of the Coastal Act ensures that development along the coast does — not interfere with the public's constitutionally protected right of access to the sea, including dry sand and rocky coastal beaches, acquired through use or legislative authorization. The EIR should also be clarified to explain how vertical and lateral public access to the shoreline will be maintained 1-6 during the event, and set-up and take-down of all temporary infrastructure. Further, more information should be provided on how public parking access is being preserved, with specific mention of event related facilities that will be located in public parking lots. The EIR also does not account for potential impacts from the music festival and after party taking — place during the days of the airshow, despite it using the same enclosed area as the airshow, being closed to the public, and being characterized as the "Official After Party of the Pacific Airshow."The potential coastal resource impacts of this portion of the event should be analyzed and mitigated, or 1-7 alternatives should be proposed that do not restrict public access after the hours of the event. In the case that music festival is held, consideration should be given to offering low cost or free tickets to increase accessibility for a broad portion of the public. _ Pacific Airshow Huntington Beach Project Coastal Commission Staff Comments on Draft Environmental Review Page 3 of 3 Please note that the comments provided herein are preliminary in nature. Coastal Commission staff requests notification of any future activity associated with this project to provide more specific 1.8 comments as the project develops. Thank you for the opportunity to comment on the Draft EIR. Please contact me at seth.villanueva@coastal.ca.gov with any questions. Sincerely, Seth Villanueva Coastal Program Analyst Chapter 3.Responses to Comments Comment Letter 1 : California Coastal Commission Response to Comment 1-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 1-2 As noted in Section 3.2,Biological Resources, Section 3.2.1 Environmental Setting,pages 3.2-1 and 3.2-2,the proposed flight path and a 500-foot buffer was examined,which includes a small piece of Seal Beach National Wildlife Refuge and Bolsa Chica Ecological Reserve(BCER)and half of the Brookhurst Marsh. This biological study area(BSA)does not overlap sensitive ecological areas including Upper Newport Bay Nature Preserve and Los Cerritos Wetlands. Therefore,they were not analyzed as part of this Project.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 1-3 As discussed in Chapter 2,Project Description, Section 2.6.4 Airport Origin,Airshow Flight Paths, and Airshow Performance Duration,page 2-10,the Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER. When overflights of the BCER cannot be avoided,the Applicant will request that overflights occur at 1,000 feet AGL or higher.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams. Many commenters have requested the avoidance of flights over the BCER and that any overflight of the BCER occur at an altitude of 1,000 feet AGL or higher. As stated above, all pre-flight briefings will include these exact requests made to all participating pilots.While it is the desire of the Applicant to avoid incursions over the BCER, it is important to note that neither the Applicant nor the City possesses authority to restrict such activities. While the Applicant can influence the sequence and timing of each performer's displays in the overall Airshow lineups,all decisions made during a flight sequence, including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Because pilots could be instructed by the ATC to fly over the BCER,preactivity surveys and biological monitoring will be conducted each year as part of the Project for one day prior to the start of any pre-Airshow activities(i.e.,aircraft flight familiarization and flight practice flyovers) and for every day of pre-airshow activities and Airshow activities to determine whether Airshow The Pacific Airshow Huntington Beach Project 3-12 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas. Impacts to the BCER are also discussed in Section 3.2,Biological Resources,under 3.2.5.1 Special-Status Species,pages 3.2-39 through 3.2-41,and was determined to not significantly contribute to impacts to special-status birds,including nesting areas,due to the existing conditions of numerous daily flights by commercial and private aircraft and helicopter activity from which flights regularly operate over the BCER. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 1-4 The Airshow proposes no new permanent development. As described in Appendix B,Initial Study,pages 3-36 and 3-37,there would be no potential for construction, grading,or ground disturbance and thus the Airshow does not need to comply with the water quality requirements of the National Pollutant Discharge Elimination System(NPDES) for preparation of a Storm Water Pollution Prevention Plan(SWPPP)or a Water Quality Management Plan(WQMP). The Airshow would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Since most of the Project Site consists of flat sandy beaches,there is no potential for surface runoff. Further,where paved areas exist(e.g.,parking lots and bicycle and walking trails)within the Project Site,adequate City storm drain systems currently exist. According to Appendix B,Initial Study,page 3-56,restrooms available for the Airshow would consist of the existing restrooms,over one-hundred(100)portable and Americans with Disability Act(ADA)bathrooms, and several restroom trailers located throughout the venue. Each of the single portable restrooms would sit in a containment tray on top of plywood(or other suitable flooring)and would not be within 50 feet of an existing storm drain.Wastewater generated from the Airshow is hauled off by the Applicant's vendors(i.e.,portable bathrooms). According to Appendix B,Initial Study,page 3-33, all heavy equipment would be refueled in the parking lots. A drip pan would be placed below the equipment to catch potential stray fuel leakage and would be stored at least four inches AGL.A spill kit would be available if needed during refueling.Four-wheel drive fuel carts would service the generators on the beach with each generator placed on plywood for stabilization. The fuel carts would be equipped with a spill kit and drip pan for fueling of generators. Spill kits would be available throughout the Project Site. The Applicant would ensure the spill kits contain adequate amount of absorbent and suitable containment materials at all times during the Airshow.Vehicles and equipment that cannot be fixed or repaired immediately onsite would be removed from the area.A fuel tank would be placed in the parking lot. Consistent with the City's franchise agreement,the Applicant would contract and coordinate refuse needs with the City's waste management provider,Republic Services.Republic Services The Pacific Airshow Huntington Beach Project 3-13 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments would provide cardboard general waste and recycling bins with lids to be located throughout the Show Center Area including the reserved parking lot areas and would place dumpster bins in accordance with expected attendance.Dedicated food waste bins would be placed in the hospitality areas throughout the venue. The Applicant would be responsible to replace all full trash can liners throughout the venue and to place the trash from the bins into the dumpsters to then be removed by Republic Services following the conclusion of the Airshow. The Applicant would encourage all food vendors to avoid plastics(straws,cups,lids)and recommend use of paper straws or straw less lids. Response to Comment 1-5 According to Section 3.2,Biological Resources,pages 3.2-44 and 3.2-45 of the Draft EIR,there is the potential for low probability,potentially high impact event of an emergency fuel dump from aircraft in the air for safety reasons. Typically,most of the fuel that is dumped turns into vapor within a few minutes. If jettisoned at a high enough altitude in above freezing temperature, evaporation rate calculations show that over 90 percent will evaporate before reaching the ground.The fuel vapors typically rapidly dissipate and diffuse in the atmosphere where they could be subject to photooxidation and contribute to regional pollution including the formation of smog.A typical F/A-18 super hornet has a fuel capacity of approximately 2,000 gallons and might require dumping approximately half of that for emergency reasons,which would result in a hypothetical fuel dump of approximately 1,000 gallons of which 100 gallons may reach the nearshore/offshore area of the Huntington Beach area. This would be considered a minor discharge and potentially result in a light surface sheen that would quickly evaporate. It is important to note that these same risks exist with all aviation overflights,not just those from the Airshow,including daily commercial flights within the Project area.In the very unlikely event that a fuel dump should occur,the Applicant will work closely with the U.S. Coast Guard to coordinate any potential response,clean up,and messaging efforts. Response to Comment 1-6 To accurately address public access during the Airshow and multi-day music festival,the following text changes will be made to Chapter 2,Project Description, Section 2.6.6,Access, Ingress/Egress,Road Closures,and Parking,Pages 2-13 and 2-14 of the Draft EIR: 2.6.6 Vehicular Access,Ingress/Egress,Road Closures,and Parking,and Public Access Patrons arriving by vehicle are permitted to park within the Huntington Beach public parking areas,where the Applicant coordinates with the City to reserve parking spaces dedicated to Airshow attendees.Access to the public parking lots adjacent to the Show Center Area are located along Pacific Coast Highway at the intersection of 6th Street, 1st Street, Huntington Street,Beach Boulevard, and a right-in-right out driveway mid-block between Main Street and 1st Street.Additional public parking southeast of the Show Center Area can be accessed at Newland Street,Magnolia Street, and Brookhurst Street. On-street parking in the general vicinity is allowed except where the temporary restrictions are implemented along Pacific Coast Highway,along with other streets with temporary closures as described above. The Applicant encourages the use of ride share, The Pacific Airshow Huntington Beach Project 3-14 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments provides ride share pick up/drop off locations, and provides bicycle valet services as part of the Airshow. The Applicant and City could implement future event shuttle programs the Show Center Area.It is anticipated the City would close the parking entrance located at Huntington Street and Pacific Coast Highway for the Airshow's exclusive use during event staging of equipment,set up,production on event days,and event breakdown. The Airshow typically utilizes approximately 500 parking spaces for production and staging of equipment beginning with the first•day of setup and the last day of tear down.The 500 parking spaces represents approximately 8 percent of the total available public access parking within Huntington City Beach and Huntington State Beach,including approximately 6,200 parking spaces in the Project vicinity All other details regarding parking will be governed by a future agreement between the City and the Applicant. The RV camping lot at this location would be reserved for curation and sale of the Airshow's RV Camping Experience with camping check-in offered on the day prior to the start of the Airshow check-out the Monday following the Airshow. 1 5 DV.. .ed f r production, n set up beginning prior to th tart of the Airshow up to the Friday following the end of the Airshow.All other details regarding parking will be governed by a future agreement between the City and the Applicant. During the Airshow and the multi-day music festival. and only during event operations and music festival hours,public access would be limited to ticketed holders within the defined areas through the use of fencing and Airshow personnel and security. To ensure public safety during the event's set up and tear down phases,certain beach areas will have restricted access due to high-risk activities,including the use of heavy machinery, sharp objects,trip hazards,and other potential dangers to the public. Some areas, particularly those near the flight high-risk zones,may be closed off for public safety. These zones are typically marked,and access is restricted to ensure that no pedestrians enter dangerous areas during the Airshow performances and nighttime flyovers during the multi-day music festival. However,public beach areas located beyond the Show Center Area will be open to unrestricted public access for both spectators and beachgoers, as well as boaters within the Pacific Ocean located beyond the Airshow Performance Area. While the Airshow is hosted over Huntington City Beach,the event does not close off the entire beach.In fact,only approximately 8 percent of the available sandy beach space along the entire Huntington Beach coastline is occupied by the ticketed areas and all other areas of the sandy beach,including most all other public spaces such as the bicycle and walking trails along Pacific Coast Highway, sidewalks,and commercial/restaurants uses in the immediate vicinity,are free-to-view spaces. Response to Comment 1-7 The Draft EIR addresses potential impacts from the potential music festival. The multi-day music festival would occur following the conclusion of the Airshow up to 11:00 PM over three(3)days over the weekend directed towards the ocean with separately sold tickets.Nighttime flyovers or displays by designated aircraft including parachute jumps onto the beach within the Performance The Pacific Airshow Huntington Beach Project 3-15 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Area would be relatively quick in duration,even if multiple flyovers occurred,during the evening hours and potentially simultaneously with the music or between music acts. The multi-day music festival would be located generally within the northernmost portion of the Show Center Area within Concert Area#1 (Area A)or alternatively the southernmost portion of the Show Center Area within Concert Area#2/Additional Seating/Activations Area(Area E). During the multi-day music festival,and only during music festival hours,public access would be limited to ticketed holders within the defined areas through the use of fencing and Airshow personnel and security. To ensure public safety,some areas,particularly those near the flight high-risk zones and parachute jump landing areas,may be closed off for public safety.These zones are typically marked,and access is restricted to ensure that no pedestrians enter dangerous areas during the nighttime flyovers or displays.However,public beach areas located beyond the Show Center Area will be open to unrestricted public access for both spectators and beachgoers, as well as boaters within the Pacific Ocean located beyond the Airshow Performance Area.While the Airshow is hosted over Huntington City Beach,the multi-day music festival area(Area A or Area E)does not close off the entire beach.All other areas of the sandy beach,including substantially all of the other public spaces,are free to view spaces. Similar to the Airshow,the Applicant will consider providing free general admission tickets during each night of the music festival to the general public primarily to(a) students,(b) underserved youth and(c)their respective caregivers or guardians.A report of how the tickets were distributed shall be made available within 30 days post event upon written request from the California Coastal Commission. Response to Comment 1-8 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EW. The Pacific Airshow Huntington Beach Project 3-16 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 2 STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS GRACE KATO, Acting Executive Officer COMMISSION ' y 916.574.1800 100 Howe Avenue, Suite 100-South , TTY CA Relay Service: 711 or Phone Sacramento, CA 95825-8202 800.735.2922 from Voice Phone 800.735.2929 or for Spanish 800.855.3000 Contact Phone: 196.574.1900 April 7, 2025 File Ref: SCH #2024020006 Connor Hyland Senior Deputy Attorney City of Huntington Beach, Office of the City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 VIA ELECTRONIC MAIL ONLY (connor.hyland@surfcity-hb.orq) Subject: Draft Environmental Impact Report for the Pacific Airshow Huntington Beach, Orange County Dear Connor Hyland: The California State Lands Commission (Commission) staff has reviewed the Draft Environmental Impact Report (EIR) for the Pacific Airshow Huntington Beach (Project), which is being prepared by the City of Huntington Beach (hereinafter referred to as "the City"). The City is the public agency that has prepared the Draft EIR to inform decision-makers and the general public of the potential 2-1 environmental impacts resulting from the Project, and is the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). The Commission is a trustee agency for projects that could directly or indirectly affect State sovereign lands and their accompanying Public Trust resources or uses. Additionally, because the Project involves activity on State sovereign land under the Commission's jurisdiction, the Commission will act as a responsible agency. _ Commission Jurisdiction and Public Trust Lands The Commission has jurisdiction and management authority over all ungranted 2-2 tidelands, submerged lands, and the beds of navigable lakes and waterways. The Commission also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub. Resources Code, §§ 6009, subd. (c); 6009.1; 6301; 6306). All tidelands and V Connor Hyland Page 2 April 7, 2025 submerged lands, granted or ungranted, as well as navigable lakes and A waterways, are subject to the protections of the common law Public Trust Doctrine. As general background, the State of California acquired sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways upon its admission to the United States in 1850. The State holds these lands for the benefit of all people of the state for statewide Public Trust purposes, which include but are not limited to waterborne commerce, navigation, fisheries, water-related recreation, habitat preservation, and open space. On tidal waterways, the State's sovereign fee ownership extends landward to the mean high tide line, except for areas of fill or artificial accretion or where the boundary has been fixed by agreement or a court. A review of the Project described in the Draft EIR indicates that certain components of the Project clearly require Commission authorization, and that other components of the Project may require Commission authorization. The proposed Project includes an Airshow Performance Area which is to be situated on the Pacific Ocean with an east-west length of approximately 3,000 feet and a north-south length of approximately 12,000 feet. This area would be demarcated by 16 large white buoys installed in the Pacific Ocean waterward 2-2 of the mean high tide line (MHTL), which in this location is ungranted sovereign (cont.) lands managed by the Commission. Placement of the proposed buoys will require Commission authorization, generally in the form of a lease. The proposed Project also includes a helicopter and aircraft landing/runway display on a temporary landing surface to be generally located within an open area directly in front of the Main Hospitality Area during the hours of the airshow. Based on the current Project information, the construction and/or use of the proposed runway may encroach waterward of the MHTL and onto sovereign land subject to the Commission's leasing jurisdiction, and, if so, would require Commission authorization. Additionally, Commission Lease 6616, a General Lease- Public Agency Use, was issued to the City for the operation and maintenance of an existing municipal pier (Huntington Beach Pier or Pier) and related concessions for a term of 25 years, beginning June 21, 2018. The City's lease acknowledges that the Lease Premises, including the Pier, are subject to the Public Trust and are available to members of the public. Staff is aware that the proposed Project will utilize the Pier for purchasable seating, umbrellas, cocktail tables, and bars (page 2-13, 2.6.5 Show Center Layout and Viewing). The Draft EIR,states that all Pier seating would be landward of the MHTL. However, should any Project component or activity on the Pier encroach waterward of the MHTL, Commission authorization will be needed in the form of either an amendment to the City's lease, or issuance of a new lease to the City or the event operator. Furthermore, any V Connor Hyland Page 3 April 7, 2025 other use of the Pier waterward of the MHTL, such as the proposed pyrotechnic shows described in the Draft EIR, may require Commission authorization; at the very least these proposed activities will require submission of a detailed proposal to Commission staff for review. Finally, should the.Project's use of the Pier impact or prohibit public access to the areas of the Pier waterward of the MHTL, then this would violate the City's lease and the common law Public Trust Doctrine. 2-2 It must also be noted that the Commission owns approximately 1,200 acres of (cont.) sovereign lands in the Bolsa Chica Ecological Reserve (BCER) located within the Project's Temporary Flight Restriction (TFR) Area. The Commission leases these lands to the California Department of Fish and Wildlife (CDFW) for on-site management. Additionally, the Commission, along with five other state and federal agencies informally referred to as the Bolsa Chica steering committee, provides overall management oversight of the portions of the BCER comprising the Bolsa Chica Lowlands Restoration Project. - Proiect Obiectives The City provides an extensive list of preliminary Project objectives. (page 2-6) and states that the Pacific Airshow Huntington Beach event will achieve the 2-3 City's objectives and need. Those objectives related to Commission jurisdiction and Public Trust resources include, but are not limited to: providing a gathering place for locals and visitors to enjoy civilian and military aircraft flybys, aerial acrobatics and festivals, promoting coastal access, and promoting awareness and use of the Pier and beaches. - In addition, the Draft EIR claims that the Project will, "Provide an event that reduces potential.impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve, the.Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover" but offers no analysis that 2-4 adequately supports this claim. The Commission and CDFW have provided the City evidence from past airshow events,that the Project has impacted the surrounding sensitive habitat areas, including the BCER. Staff requests that the City include all information the City has regarding documented and potential impacts and the specific ways that the event reduces potential impacts to sensitive habitat. - Project Description From the Project Description, Commission staff understands that the Project 2-5 would include the following components that have potential to affect State sovereign land: V Connor Hyland Page 4 April 7, 2025 • Future airshows: Past airshows have taken place over a 3-day period with A 2 or more practice flyover days. Future airshows discussed in the Draft EIR may be extended to 5 event days plus practice flyover days (page 2-7, Project Characteristics) and last from as early as 9:00 AM to as late as 11:00 PM. • Helicopter and aircraft landing/runway display: A temporary runway would be constructed of stadium flooring on the beach in front of the Main Hospitality Area. • Pyrotechnic Daily and Nightly Shows: Both daily and nightly shows may be discharged by aircraft, the Huntington Beach Pier, or an ocean barge. Nightly pyrotechnic shows would conclude by 11:00 PM. • Beach Camping: Stadium flooring would be installed on the beach in 2-5 Area C (page 2-9, Future Airshow Activities) to accommodate parking for (cont.) recreational vehicles to camp on the beach, generally between Thursday and Monday morning following the event. • Airshow Flight Paths: The Airshow's TFR area includes sensitive habitats, including BCER. The Draft EIR identifies (page 4-10) Alternative 2: 2023 Airshow Alternative as the Environmentally Superior Alternative, as the No Project Alternative does not fulfill any Project objectives. Alternative 2 considers a 3-day event, with none of the new airshow activities identified in Section 2.6, Project Characteristics, which include a music festival, drone displays, pyrotechnic shows, aircraft/runway display, etc.Environmental Review As explained in the following comments, the EIR requires revision to comply with CEQA and to support a future lease approval by the Commission. Commission staff requests that the City consider the following comments on the Project's EIR to ensure that impacts to State sovereign land are adequately analyzed for the Commission's use of the EIR when considering a future lease application or other approval for the Project. In addition, Commission staff strongly recommends that 2_6 the City recirculate the EIR once the document has been updated with more information on the Project site and activities, associated impacts, and mitigation measures to ensure meaningful responsible agency input and public review. In the absence of an updated EIR, Commission staff may need to undertake subsequent environmental review as part of future lease application processing or to support a future Commission action. Staff have attached the comment letter submitted on March 4, 2024, during the Notice of Preparation comment period (Attachment 1) and will refer to it throughout this section. Connor Hyland Page 5 April 7, 2025 General Comments 1 . Project Description: Staff comments previously provided (Comments 1 and 2, page 5 of Attachment 1) still generally apply to the Draft EIR. While the Draft EIR states that all project activities would take place "landward of the State Lands Commission MHTL," several components would be present below the MHTL, such as pyrotechnic shows that would be launched from the Huntington Beach Pier or from an ocean barge as well as the marker buoys required to set the perimeter of the aerobatic box/Airshow Performance Area in the Pacific Ocean. The installation of these buoys, in particular, would require a lease from the Commission and has no description or impact 2-7 analysis in the Draft EIR, which may hinder the Commission's ability to rely solely upon the EIR when considering a lease. Staff suggests that the Project area boundary be revised to include all Airshow activities, including those falling below the MHTL. In addition, the Draft EIR lists some project activities in Section 2.6, Project Characteristics, (e.g., use of an ocean barge, beach camping, drone shows, helicopter and aircraft landing/runway display etc.) but does not discuss or analyze them further. All activities for the Project need to be analyzed in the EIR and should be included on relevant figures to determine if Commission approval would be required. If these activities are not analyzed in the EIR, then the Project Description must be revised to remove them from the proposed Project/event. - The Final EIR must also confirm specific timing for future airshows. The airshow event dates should be included in the Project Description, where page 2-6 already states that historic airshow events occur "during the fall season, typically towards the end of September/beginning of October." If the EIR provides impact significance determinations that are predicated on specific scheduling for the event (e.g., the Biological Resources Technical Report 2-8 (BRTR) conclusion of a less-than-significant impact to nesting birds because the airshow would be scheduled outside of the April-September breeding season), then the Project must be designed and described to include those restrictions. Alternatively, the Project Description could clarify that the event may happen at any point during the year, but the EIR must then revise its analysis to address new, potential impacts and provide feasible mitigation. 2. Project Feature - Biological Monitors: The Draft EIR discusses the use of - biological monitors in Section 2.6.4, Airport Origin, Airshow Flight Paths, and Airshow Performance Duration, which states, "Because pilots could be instructed by the Federal Aviation Administration (FAA) to fly over BCER, pre- activity surveys and biological monitoring will be conducted each year as 2-9 part of the Project...to determine whether Airshow activity is impacting bird behavior and to ensure that no airshow-related debris drifts into sensitive ecological areas." The biological monitors should therefore be included in the Project Description and identified as a project feature. The biological V Connor Hyland Page 6 April 7, 2025. monitor's role should be comprehensively defined to identify how many A biological monitors will be required by the Project, where they will be stationed, what the biological monitor is present to observe, and what responses to impacts they are designated to carry out. For example, Section 3.2.5.1, Special-Status Species (page 3.2-40), notes that during a single past airshow event a streamer drifted into the Biological Study Area (BSA) and was 2_9 removed within 15 minutes by the City's fire department. Staff recommends (cont.) that the Project Description describe both the biological monitor's purpose, to "...ensure that no airshow-related debris drifts into sensitive ecological areas," and their required response (e.g., the monitor must promptly report fallen debris in the BSA and coordinate with the City of Huntington Beach Fire Department and CDFW for swift removal). 3. Public Agency Approvals: Staff notes that the Draft EIR omits the Commission from the list of public agencies with approval authority over the Project. In the Final EIR's Review and Approvals section, please include: 1) the Commission's Responsible agency review of the Final EIR and adoption of an 2-10 independent Mitigation Monitoring Program, and 2) Approval of a State Lands Lease(s) and/or Lease Amendment. In the Final EIR's list (page 2-15) of public agencies whose approval is required, please include the Commission as a CEQA Responsible Agency. Biological Resources 4. Impacts to BCER Special Status Species: A portion of the BCER was included in the Draft EIR's BSA and accompanying BRTR (Appendix D). However, while the BSA and BRTR include flight paths to and from the Training Base at Los Alamitos and John Wayne Airport as part of the project description, neither one includes "turn around" flight paths for jets within the Project's TFR Area, and no surveys were conducted for those "turn around" flight paths. These "turn arounds" have been observed occurring directly over BCER during past airshows, with jets observed flying below 500 feet in elevation. The CDFW.on- 2-11 site management staff at BCER have documented these flights by both photographic and video evidence for the airshows in 2021, 2022, 2023, and 2024. Documentation of these flights in prior years is recorded in emails. Video evidence has been sent to the City of Huntington Beach by Commission staff. CDFW staff shared the video evidence with local non- governmental organizations, FAA, Commission staff, Code Four, California Coastal Commission, United States Fish and Wildlife Service, and CBS news. The Draft EIR's analysis of environmental impacts to BCER is therefore incomplete, as the BRTR lacks critical data both to assess impacts and project effects from the jet "turn arounds" and to consider potential mitigation measures. Connor Hyland Page 7 April 7, 2025 The Draft EIR should also evaluate noise and vibration impacts on special status species from potential aircraft fly-overs within and outside of the project area designated within the EIR, including BCER. Mitigation measures could include species-specific activity windows established in coordination 2-12 with CDFW, USFWS, and the National Marine Fisheries Service. Staff recommends early consultation with these agencies to minimize Project impacts on sensitive species. - In addition, trash and debris created during the event, including streamers used in association with parachute performances, can pose a risk to wildlife through potential exposure, ingestion, and/or entanglement. Trash and debris can also lead to degradation of habitat. Staff request that the EIR 2-13 should describe avoidance and mitigation measures, including best management practices, for the proper containment of trash and debris from the event to prevent these hazards from overflowing to the surrounding beach, water, and greater coastal area, including BCER.5. Mitigation: Section 3.3.5.1, Wildlife Hazards Analysis, discusses the potential safety hazard posed from wildlife strikes, which could occur in the airspace over Commission jurisdiction and indirectly affect biological resources, sovereign lands, and/or the public utilizing those lands. On page 3.3-12, the "Significance before Mitigation" identifies the impact as "Potentially Significant." However, even though the Draft EIR determines that the resulting level of significance is less than significant with mitigation, neither Mitigation Measure (MM) HAZ-1 nor MM HAZ-2 reduce the severity of this impact. MM HAZ-1 requires a pre-airshow site visit and subsequent wildlife hazard memorandum, at an undetermined date, to recommend wildlife hazard reductions and to potentially include a long-term management strategy. MM 2-14 HAZ-2 requires a biological monitor to observe event performances and document bird activity during aircraft flyovers and take-off and landing within the Show Center Area, later using this information to inform the wildlife hazard memorandum. Both measures allow the proposed Project's activities to occur, for an undetermined period of time, without addressing the potentially significant impact through alteration of activities or any compensatory mitigation. As such, MM HAZ-1 and MM HAZ-2 are not adequate pursuant to CEQA Guidelines section 15126.4(a)(1)(B), as they defer potential impact reduction to some future time and do not provide specific performance standards for future mitigation actions as well as the types of actions that could feasibly achieve that performance standard. If the Final EIR does not revise MM HAZ-1 and MM HAZ-2 to fulfill these criteria, then the impact determination must be changed to Significant and Unavoidable. - Biological monitoring as mitigation is also potentially discussed in Section 12-15 3.2.5.1, Special-Status Species, wherein the Draft EIR analyzes bird strike Connor Hyland Page 8 April 7, 2025 impacts over BCER. Page 3.2-40 acknowledges that, even after the A Applicant's proposed measures, "...the Project could increase the amount of air traffic over [BCER]." The subsequent analysis and impact determination is contradictory: first, the narrative notes that "...with implementation of these measures, impacts from potential overflights are not expected to be significant," which assumes a potentially significant impact absent the measures, but then ends the discussion by stating "...the additional temporary activity of the annual operation of the Airshow would not 2-15 significantly contribute to impacts to special-status birds within the BSA." If the (cont.) first statement is correct, then staff notes that the "measures" (preactivity surveys and biological monitoring) are inadequate similar to MM HAZ-1 and MM HAZ-2, discussed immediately above, and the analysis on page 3.2-40 would require similar revisions. If the second statement is correct, then the EIR must be revised to provide substantial evidence for a less-than-significant impact determination. _ The Commission strongly encourages the City, as the CEQA lead agency, to collaborate with CDFW, for those species under CDFW's jurisdiction, in the 2-16 development of enforceable mitigation measures with performance criteria to demonstrate reduced impacts, supported with substantial evidence. - 6. Drones: The Draft EIR failed to address Commission comments, submitted during the scoping period (please refer to page 8 of Attachment 1), on the use of drones throughout various Airshow activities. The Draft EIR neglects to analyze impacts on biological resources from the use of drones in the Show Center Area and Airshow Performance Area, or from accidental incursions or drone crashes into BCER. While unrelated to past airshows, the impact risk is more than theoretical given that in 20211 an illegally operated drone crashed in the BCER, resulting in approximately 3,000 Elegant Terns leaving their nesting grounds and abandoning an estimated 2,000 eggs, resulting in a 2-17 massive reproductive loss for the species, which has only four known nesting sites left on earth. Staff recommend that the impacts of drones should be fully analyzed for performances held in the Show Center Area, Airshow Performance Area, and revised BSA (please refer to Comment 4 related to BCER) and appropriate mitigation measures should be included in the Final EIR. Mitigation measures could include, but not be limited to, requiring event Urban Air Mobility (UAM)/drone operators to utilize the FAA's B4UFly app (see CDFW webpage, CDFW Wildlife Areas and Ecological Reserves Added to FAA's Drone Mobile App (https://wildlife.ca.gov/News/Archive/cdfw-wildlife- areas-and-ecological-reserves-added-to-faas-drone-mobile-app)). In V I Wisckol, Martin, "Illegal drone scares terns, which abandon 2,000 eggs on Bolsa Chica nesting island". Orange County Register, June, 3, 2021. httos://www.ocregister.com/2021/06/03/illegal- drone-scares-terns-which-abandon-3000-eggs-on-bolsa-chica-nesting-island/ Connor Hyland Page 9 April 7, 2025 addition, in accordance with the California Code of Regulations title 14, A section 550 related to public use of CDFW lands, "No visitor shall operate any 2_17 aircraft, drone, or other unmanned aircraft system...within department lands (cont.) except as authorized by a Special Use Permit issued by the department." Hazards and Hazardous Materials 7. Spills and Vehicle Discharges: Beach camping is an activity planned for Area C of the Show Center Area; this activity was not part of the Project during the NOP scoping period. The construction of the beach camping site would involve laying down and anchoring stadium flooring onto the beach to provide additional overnight parking for recreational vehicles (RVs). Staff note that while the Draft EIR includes Area C camping as part of the Project 2-18 Description on page 2-9, all other camping discussions in the Draft EIR only identify Area G for RV camping (an area located upland of the beach). The EIR should analyze the risk of accidental spills or other discharges from RVs (e.g., fuels, oils, grey water and black water, trash) camping in Area C and provide mitigation or minimization measures; as appropriate for the level of significance. The EIR should also identify potential impacts from construction equipment or motorized vehicle spills on or adjacent to the beach and include a spill contingency plan as well as refueling restrictions. - 8. Streamer Drops: Streamer drops, which are anticipated as part of the opening ceremony on each day of the Airshow, could pose a potentially significant impact to power lines in the BCER. If streamers were to fall on 2-19 power lines, a fire could start in the active oil operation, endangering human health and safety. The EIR should identify the materials the streamers are made of and analyze this potentially significant impact. - Recreation 9. Public Access: The Draft EIR dismisses recreation impacts from further analysis in Section 5.1, Environmental Impacts Not Found to be Significant. One of the Project's stated objectives is to provide an event that "promotes coastal access," and staff have provided specific concerns related to coastal access to the Pier and beach during the Airshow event (Comment 12, page 2-20 10 of Attachment 1). The figures provided in the Draft EIR, including Figure 2- 8, are not detailed enough to demonstrate how public access will be maintained throughout the.event. The text of the Draft EIR only states (page 2-13) that "All Pier seating is landward of the State Lands Commission MHTL...only a portion of the Pier would be reserved for seated ticketholders and pier ingress and egress would still be provided" without describing through figures or photos how this would occur. Figures and/or a written description of how horizontal access to the beach would be maintained are V Connor Hyland Page 10 April 7, 2025 also not included in the Draft EIR. Staff reiterates these concerns, as originally submitted during the scoping period, and requests that this impact be 2-20 analyzed and included in the EIR. (cont.) Thank you for the opportunity to comment on the Draft EIR for the Project. As a - responsible and trustee agency, the Commission will rely on the Final EIR in amending or issuing a new lease. Staff requests that the City consider these comments before certifying the EIR. If the City, as it addresses comments and evaluates new impacts or revises impact discussions, identifies new significant 2-21 impacts or substantial increases to an impact's severity (mitigated or unmitigated), then, pursuant to CEQA Guidelines section 15088.5(a), staff expect to be notified of the Draft EIR's partial or full recirculation for the opportunity to review and provide meaningful comment. - Please also send electronic copies of the Final EIR, Mitigation Monitoring and Reporting Program, Notice of Determination, approving resolution, CEQA Findings, and Statement of Overriding Considerations when they are final. Please note that federal and state laws require all government entities to improve accessibility of information technology and content by complying with established accessibility requirements. (29 U.S.C. § 794d; 36 C.F.R. § 1194.1 et seq.; Gov. Code, § 7405.) California State law prohibits State agencies from publishing on their websites content that does not comply with accessibility 2-22 requirements. (Gov. Code, § 115467.) Therefore, any documents submitted to Commission staff during the processing of a lease or permit that will be posted online, including relevant CEQA documentation, must meet accessibility requirements for Commission staff to place the application on the Commission agenda. Refer questions concerning environmental review to Robin Tuohy, Environmental Scientist, at Robin.Tuohy@slc.ca.gov. For questions concerning Commission leasing jurisdiction, please contact Jeffrey Plovnick, Public Land Management Specialist, at Jeffrey.Plovnick@slc.ca.gov. - Sincerely,da 64)2124' Nicole Dobroski, Chief Division of Environmental Science, Planning, and Management cc: Office of Planning and Research Connor Hyland Page 11 April 7, 2025 R. Tuohy, Commission J. Plovnick, Commission L. Calvo, Commission W. Hall, Commission Attachment: 1) March 4, 2024, Notice of Preparation Comment Letter from Commission staff to the City of Huntington Beach STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer COMMISSION 916.574.1800 TTY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue, Suite 100-South � from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone: 916.574.1900 !/iil�ifrvl�iit 1%7,f March 4, 2024 File Ref: SCH # 2024020006 Connor Hyland Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 Connor.hyland@surfcity-hb.org Subject: Notice of Preparation for a Draft Environmental Impact Report for the Pacific Airshow Huntington Beach Project, Orange County Dear Connor Hyland, 2-23 The California State Lands Commission (Commission) staff has reviewed the Notice of Preparation (NOP) for a Draft Environmental Impact Report (DEIR) for the Pacific Airshow Huntington Beach (Project or Airshow), which is being prepared by the City of Huntington Beach (City). The City, as the public agency that must issue a permit for the Project through their Specific Event Permit Process, is the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). Pacific Airshow LLC is applying for the permit and is proposing to carry out the Project. The Commission is a trustee agency for projects that could directly or indirectly affect State sovereign land and their accompanying Public Trust resources or uses. Additionally, because the Project involves work on State sovereign land, the Commission will act as a responsible agency. Commission staff requests that the City consult with us on preparation of the DEIR as required by CEQA section 21153, subdivision (a) and the State CEQA Guidelines section 15086, subdivisions (a)(1) and (a)(2). Staff contacted the City and event operator by letter in August 2023 (see attached 2023 letter) regarding the requirement for a Commission lease or lease amendment for the use of sovereign lands for the 2023 Airshow, as well as concerns regarding Airshow impacts on the Bolsa Chico Ecological Reserve v A Connor Hyland Pg. 2 March 4, 2024 (BCER), which is owned and managed by the Commission. In February 2024, staff again sent letters to the City and event operator (see attached 2024 letter). As previously stated by letter to the City, staff requested coordination with the City and operator to reach a mutually satisfactory resolution on these matters and to achieve a satisfactory approach for the conduct of future Pacific Airshows. As part of the Commission's effort to work with the City, staff offers these comments on the NOP and Initial Study (IS). Commission Jurisdiction and Public Trust Lands The Commission has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable lakes and waterways. The Commission also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub. Resources Code, §§ 6009, subd. (c); 6009.1; 6301; 6306). All tidelands and submerged lands, granted or ungranted, as well as navigable lakes and waterways, are subject to the protections of the common law Public Trust Doctrine. 2-23 (cont.) As general background, the State of California acquired sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways upon its admission to the United States in 1850. The State holds these lands for the benefit of all people of the state for statewide Public Trust purposes,which include but are not limited to waterborne commerce, navigation, fisheries, water-related recreation, habitat preservation, and open space. On tidal waterways, the State's sovereign fee ownership extends landward to the mean high tide line, except for areas of fill or artificial accretion or where the boundary has been fixed by agreement or a court. On navigable non-tidal waterways, including lakes, the State holds fee ownership of the bed of the waterway landward to the ordinary low-water mark and a Public Trust easement landward to the ordinary high-water mark, except where the boundary has been fixed by agreement or a court. Such boundaries may not be readily apparent from present day site inspections. After review of the information contained in the NOP, there are several components of the Project that would require Commission authorization. The Commission authorized Lease PRC 6616, a General Lease- Public Agency Use, to the City for the operation and maintenance of an existing municipal pier (Huntington Beach Pier or Pier) and related concessions. That lease was authorized for a term of 25 years, beginning June 21, 2018. Staff is aware that the proposed Project will utilize the Pier. The City's lease acknowledges that the Lease Premises, including the Pier, are subject to the Public Trust and are available to members of the public. If the City proposes to close a portion of the pier within the Lease Premises to the general public, the City must obtain V Connor Hyland Pg. 3 March 4, 2024 A Commission authorization through the form of an amendment to the existing lease or issuance of a new lease. Another component of the proposed Project includes the placement of 16 large white buoys along a 12,000-foot line to be located 500 and 1,500 feet offshore, marking the Airshow Performance Area. This area would restrict public access and water-dependent recreation, including boating, during the event; such a restriction is not authorized by the City's lease. The lands waterward of the ordinary high-water mark remain ungranted sovereign lands under the management of the Commission. The placement of the buoys would constitute an additional encroachment on these sovereign lands, and in the absence of Commission authorization would constitute a trespass subject to the Commission's enforcement authority (Pub. Resources Code, §§ 6216.1, 6224.3 et seq., 6301, 6303.1; 2 CCR § 3002). Therefore, the placement of the buoys in the ocean will require Commission authorization. The proposed Project also includes a helicopter landing/runway display on a temporary helipad to be generally located within an open area directly in front of the Main Hospitality Area during the hours of the airshow. However, based on 2-23 the current Project information, the proposed runway may encroach waterward of the ordinary high-water mark and within sovereign land subject to the (cont.) Commission's leasing jurisdiction. In addition, construction activities associated with the proposed runway may temporarily encroach on sovereign land and require Commission authorization. Please provide staff with more detailed Project plans that show the specific proposed location of the landing/runway. Therefore, the proposed Project will require an application for an amendment of the existing lease or a new lease. Information on the Commission's leasing process can be found online at www.slc.ca.gov/leases-permits/, the online application can be found at www.oscar.slc.ca.gov/, and any related questions can be directed to Mr. Kelly Connor (contact information below). In addition, the Commission owns approximately 1,200 acres of sovereign lands in the BCER located within the Project's Temporary Flight Restriction (TFR) Area. The Commission leases these lands to the California Department of Fish and Wildlife (CDFW) for on-site management. Additionally, the Commission, along with five other state and federal agencies informally referred to as the Bolsa Chico Steering Committee, provides overall management oversight of the BCER. Project Description Pacific Airshow LLC proposes the Pacific Airshow Huntington Beach Project to meet the following objectives and needs: V Connor Hyland Pg. 4 March 4, 2024 A • Provide.a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area and beyond. • Feature civilian and military aircraft flybys and aerial acrobatics, air racing; and helicopter, electric vehicle, drone, and emerging aviation/mobility technology displays. • Provide visitor-serving entertainment, services, and amenities. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve, the Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. From the Project Description, Commission staff understands that the Project would include the following components that have potential to impact State sovereign land and Public Trust resources: • Practice flyovers and flight paths: Practice flyover events are proposed to begin the Monday before the start date of the Pacific Airshow event. 2-23 • Airshow event activities: Aerial event activities are proposed to take place (cont.) over a 3 to 5-day period. Event activities include daytime and nighttime events which start at 10:30 AM and nighttime flyovers and/or parachute jumps planned to take place during the evening hours.. • Beach Airstrip_The IS states that a helicopter landing/runway display activity (pg. 2-8) will be held on a temporary airstrip built out on the beach in front of the Main Hospitality Area (pg. 2-11). • Pyrotechnic nightly shows: A nighttime proposed activity (pg. 2-8) that may be discharged from flyover aircraft, the Huntington Beach Pier, or an ocean barge. • Event amenities: Event amenities, such as food trucks, wave pool, demonstrations, competitions, drones, and additional events. • Trash containment and removal: Containment and removal of trash during the event and following the breakdown of the event. • Single-use plastics: Event vendors providing services and amenities during the event will be strongly encouraged to not use plastic by the Project Sponsor (pg. 2-14). Environmental Review Commission staff requests that the City consider the following comments when preparing the DEIR to ensure that impacts to State sovereign land and Public Trust resources are adequately analyzed. V A Connor Hyland Pg. 5 March 4, 2024 General Comments 1 . Project Description: The Project description (PD) provided in the IS discusses former airshow events as well as future proposed airshow events that would include an expansion of the event from 3 to up to 5 days, with later event stop times (10 PM to 11 PM), and would include many additional proposed activities (e.g., pyrotechnic shows, nighttime music festival). The IS states that. the performers and types of aerial activities are likely to change each year (pg. 2-10). The Project description for future airshow events is currently broad and lacks pertinent details for evaluating environmental impacts from all the proposed Project activities. All proposed activities and their environmental impacts must be evaluated in the DEIR. In addition, the DEIR must identify and describe the most impactful combination of activities that could possibly occur (the "worst-case scenario") and carry forward the full environmental impact analysis for that scenario. A thorough and complete PD should be included in the DEIR to facilitate meaningful environmental review of potential impacts, mitigation measures, and alternatives. The PD should be as precise as possible in describing the details of all allowable activities that originate within or outside the IS's 2-23 identified Project area (e.g., flight paths from origin airports for practice and (cont.) event airshow activities, types of aircraft, maximum area of impact, locations of activities within the Project area, etc.), as well as the details of the timing and length of activities. Thorough descriptions will facilitate Commission staff's determination of the extent and locations of its leasing jurisdiction, make for a more robust analysis of the work and activities that may be performed, and minimize the potential for subsequent environmental analysis to be required. 2. Project Description - Project Area: The IS states on pg. 2-1 that "The Show Center Area and Airshow Performance Area collectively comprise of the Project Site." However, many Project-related activities (e.g., Project-related flights) also occur within the Project's "temporary flight restriction (TFR) airspace" defined on pg. 2-1 as the "five nautical mile (NM) ring centered on the center of the Airshow's aerobatic box." For purposes of the DEIR, the definition of the Project Site should be expanded to encompass the TFR area. At a minimum, the DEIR should clearly identify a Project Study Area to include the Show Center Area, the Airshow Performance Area, and the 5 nautical mile TFR ring and fully describe and analyze all Project activities and impacts within. Staff encourages the City to work with Pacific Airshow LLC to incorporate Project design changes in the DEIR to avoid sensitive areas like the BCER and that include minimum flight altitude restrictions.. In addition, the IS does not include the locations of the various event amenities within the Project area. Staff recommends having specific locations for these event amenities described in the DEIR. V Connor Hyland Pg. 6 March 4, 2024 A 3. CEQA Document: If the City is unable to identify a worst-case scenario for Project-level EIR analysis (see comment #1 , above), then staff suggests that the City consider using a programmatic environmental impact report (PEIR). A PEIR may be more appropriate than a Project EIR to provide for flexibility in evaluating various activities or components during the projected 10-year timeline for the Pacific Airshow. In addition, a PEIR may allow for future CEQA documents and subsequent environmental impact analyses to evaluate any event activities that are not currently identified. 4. Required Approvals: Staff notes that the IS omits the Commission from the list of public agencies with approval authority over the Project. In the DEIR's Review and Approvals section, please include: 1) the Commission's Responsible agency review of the Final EIR and adoption of an independent Mitigation Monitoring Program, and 2) Approval of a State Lands Lease(s) and/or Lease Amendment. In the DEIR's list of public agencies whose approval is required, please include the Commission as a CEQA Responsible Agency. 5. Helipad/Temporary airstrip: The DEIR should expand upon the IS's description of the helicopter landing/runway display (IS pgs. 2-5, 2-8, 2-10, and 2-1 1) and clarify that the airstrip may be used for planes as well as helicopters. A recent 2-23 February 15, 2024, media event promoting the Project featured Airshow (cont.) operator Kevin Elliott and the City's Mayor each arriving at the beach on small planes. Local media covering the event reported, "For this year's air show, event organizers will construct a temporary runway on the beach where planes will land and take off right in front of spectators."' In addition, the IS states on pg. 2-8 that the temporary helipad will be constructed in front of the Main Hospitality Area to provide a landing/runway area for aerial performances. The DEIR should provide a robust description of the construction of this runway or airstrip and include the estimated depth of excavation, as repeated references to this project component in the IS describe construction activities as simply "at or near-grade on the sand" (pg. 3-19). Biological Resources 6. Bolsa Chica Ecological Reserve and Special Status Species: BCER is home to over twenty-two special status species and is designated by the U.S. Environmental Protection Agency as a critical flyway for migratory birds. Pg. 2-6 of the IS states that "Preliminary Project objectives include" providing "an event that reduces potential impacts to the surrounding sensitive habitat ' Orange County Register, "Huntington Beach air show will land planes on the beach for this year's event" (Feb. 15, 2024)( https://www.ocregister.com/2024/02/15/huntington-beach-air- show-will-land-planes-on-the-beach-for-this-years-event/). V Connor Hyland Pg. 7 March 4, 2024 A including the Bolsa Chica Ecological Reserve, the Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover." However, to accomplish this objective, the DEIR must analyze the Project's potential impacts on these sensitive habitats and formulate enforceable mitigation measures to address the CDFW on-site management team's documented impacts on BCER that have occurred during past Airshows as stated in the August 25, 2023,joint letter from the Commission and CDFW, to the City and airshow operator, Code Four (see attached 2023 letter). While pg. 2-10 of the IS states that "many of the aircraft...seldom fly over land...", this statement conflicts with multiple observations over multiple years, as referenced in the letters sent by Commission on August 25, 2023, and February 20, 2024, to the City and the airshow operator. These letters document incidents during the 2021, 2022, and 2023 airshows of repeated low flyovers by the airshow jets that caused disruptions in the normal behavior patterns of many bird species, including feeding and sheltering, at BCER. These repeated low flyovers harassed the bird populations and caused them to take flight each time the airplanes flew over. This action is considered a "take" and is in violation of California Code of Regulations, title 14, section 2-23 251 .1 and U.S. Fish and Wildlife regulations 50 CFR 17.3. Additionally, under (cont.) sections 550, 630 (18), and 632 (121), (122) of title 14, no aircraft operations are permitted in a reserve, and low flyovers are in violation. The sound pollution and overhead flights pose a threat to birds and other wildlife. The BCER is a critical stopover along the Pacific Flyway for hundreds of migratory bird species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 §§ 703-712) and include threatened and endangered species which are protected under the Federal Endangered Species Act of 1973 (16 U.S.0 §§ 1531-1544), and the California Endangered Species Act of 1970 (Fish & G. Code, Ch. 1.5, §§ 2050-2115.5). The DEIR should include an evaluation of noise and vibration impacts on fish, birds, and other wildlife from the event's operations activities (practice flyovers and aerial events, pyrotechnic shows, amplified sound, etc.) within the Project radius (5-mile TFR radius centered on the airshow performance area, IS Figure 3), which includes BCER. To support the DEIR's noise and vibrations analyses and environmental impact significance determinations, staff expects the document to also include representative flight paths for practice flyover and aerial event performances. 7. Existing and Regulatory Settings: For all land under the Commission's jurisdiction, the DEIR must disclose and analyze all potentially significant effects on sensitive species and habitats in and around the Project Site, including special status wildlife, fish, and plants, and if appropriate, identify V Connor Hyland Pg. 8 March 4, 2024 A feasible mitigation measures to reduce those impacts. The City should conduct queries of the CDFW's California Natural Diversity Database and U.S. Fish and Wildlife Service's (USFWS) Special Status Species Database to identify any special status plant or wildlife species that may occur in the Project area. The DEIR should also include a discussion of early consultation with the CDFW, USFWS, and National Marine Fisheries Service (NMFS), as applicable, and identify any potentially required permits identified by these agencies. Additionally, the DEIR's regulatory setting for Biological Resources should include discussion of CDFW regulations prohibiting the use of any "aircraft, hovercraft, or hot air balloon" in Ecological Reserves and other CDFW sites without first obtaining a CDFW Special Use Permit (Cal. Code Reas., tit. 14, § 550 (aa)). The regulatory setting should also include other relevant laws and regulations pertaining to aircraft restrictions in CDFW sites.2 8. Drones: The IS states that drone and similar small aircraft technology will be flown as part of the Project, including on pg. 2-8 ("Aircraft static, EV, drone and other urban air mobility (UAM) technology displays and aerial competitions to occur") and pg. 2-9 ("The Applicant would conduct 2-23 scheduled drone flights throughout the event days for capture of event (cont.) promotional footage and documentation of event layouts in various areas"). The DEIR should include analysis of potential impacts should drones and similar technology stray into the BCER and include mitigation measures to avoid such impacts. Mitigation could include, but not be limited to, requiring Airshow UAM operators to utilize the FAA's B4UFly app. See CDFW Wildlife Areas and Ecological Reserves Added to FAA's Drone Mobile App (https://wildlife.ca.gov/News/Archive/cdfw-wildlife-areas-and-ecological- reserves-added-to-faas-drone-mobile-app#gsc.tab=0). A recent example of drone impacts occurred on May 12, 2021, when an illegally operated drone crashed in the BCER, resulting in approximately 3,000 Elegant Terns leaving their nesting grounds and abandoning an estimated 2,000 eggs,3 resulting in a massive reproductive loss for the species, which has only four known nesting sites left on earth.4 9. Trash/Trash Removal: The DEIR should include best management practices and mitigation measures to ensure trash, including streamer drops from the Pacific Airshow's opening ceremonies, will be properly contained for the 2 Including but not limited to section 3503 of the Fish and Game Code and California Code of Regulations, title 14, sections 251, 251.1. 3 See CDFW webpg., Legal and Responsible Drone Operations: Wildlife Disturbance (https://wildlife.ca.gov/Drones). 4 National Public Radio, "A Single Drone Has Harmed A Generation Of Wildlife" (June 22, 2021)(https://www.npr.org/2021/06/22/1008986922/a-single-drone-has-harmed-a-generation-of- wildlife). V Connor Hyland Pg. 9 March 4, 2024 A duration of the event and not overflow to the surrounding beach, water, and greater coastal area, including BCER. Trash can present environmental hazards to species through exposure or ingestion and lead to degradation of habitat. Staff also strongly encourages the Project sponsor to not only "strongly encourage," but require event vendors to avoid single-use plastics (i.e., carry-out bags, cutlery), to the extent feasible, as they are a danger to wildlife (e.g., ingestion, entanglements, etc.). Air Quality 10. Criteria Pollutants: The IS identified a potentially significant impact to air quality, during the Pacific Airshow's operations phase, from a net increase of criteria pollutants. However, the IS also determined that "There would be no potential for construction or construction-related ground disturbance generating net new emissions or net new increase in short-term construction employment." (p.3-10) and "There would be no potential for construction or construction-related ground disturbance generating a considerable net increase in emissions of ozone precursors (VOC and NOX), PM10, and PM2.5. / No further analysis of this issue in the EIR is required." (p. 3-11) The IS also notes that the Project would include constructing a temporary airstrip on the 2_23 beach in front of the Main Hospitality Area. Commission staff expects the City (cont.) to include in the DEIR emissions modeling results for both construction- and operations-related criteria pollutant emissions as well as the associated impact analyses and feasible mitigation measures. 11 .Air Quality Management Plan -existing non-attainment: The IS identified a less than significant impact when evaluating conflicts with or obstructions to the South Coast Air Quality District's (.District) Air Quality Management Plan (AQMP). The District provides criteria to evaluate a Project's consistency, which includes "Criterion 1 : Will the project result in any of the following: -An increase in the frequency or severity of existing air quality violations..." (p. 3-9). For those criteria pollutants where the region is already in non-attainment, the IS does not adequately discuss why a Project that creates a potentially significant impact by increasing the emission of criteria pollutants (pg. 3-11) does not also create an increase in the frequency and/or severity of the existing non-attainment violations. In addition, the IS artificially and improperly restricts new emissions to those occurring from "on-site" activities ("The competitions and art installations would not result in new emissions from on- site activities. The temporary event structures would also be similar in scale and location to previous Airshows since 2016 (except in 2020) and would not result in new emissions from on-site activities.")(Id.) By extending the airshow festival length and adding potential activities, the proposed Project does contemplate an increase in criteria pollutant emissions over any potential V Connor Hyland Pg. 10 March 4, 2024^ CEQA baseline. The extended airshow festival will result in increased aircraft emissions that should be carried forward and analyzed in the DEIR. Please also consider including emissions evaluations from idling cars sitting in traffic that could contribute to air quality impacts. The DEIR should thoroughly describe the impact of the Project on air quality and the efforts to avoid, minimize, and mitigate those impacts. Staff recommends the inclusion of traffic mitigations to help reduce further impacts to air quality. Recreation 12.Public Access: The IS states on pg. 2-10 that "Access to the pier ocean ward [sic] of the seating area shall remain open to the public" and on pg. 2-12, "Public access (for non-ticket holders) to the Pier would remain open during future Airshows. Only a portion of the Pier would be reserved for seated ticketholders and pier ingress and egress would still be provided." Regarding coastline access, the IS states at pg. 3-41 that "vertical and horizontal access to the coastline would be maintained throughout the duration of the event." While the IS evaluates physical deterioration related to beach activity and 2-23 beach use (pg. 3-50), the Recreation discussion does not include potential impacts topublic use of and recreational opportunities (cont.) on the beach or pier. As the City is not restricted to those questions suggested within the CEQA Guidelines, Appendix G checklist, please include the following impact question as part of the DEIR's recreation analysis: "Would the project interfere with existing public use of and recreational opportunities related to the pier and beach?" As part of the analysis, the document should detail, both in text and in diagrams and/or pictures, how public access to the pier and beach will be maintained. Staff recommends that the City consider incorporating public access monitors as potential mitigation to ensure that Project activities do not inhibit or discourage access to public beaches and the Huntington Beach Pier. Hazardous Materials 13.Hazards and Hazardous Materials: Although the IS determined that there were no potentially significant impacts from reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment (pg. 3-32), the Project has a potential significant impact related to Hazards and Hazardous Materials that should be further evaluated in the DEIR. For example, despite the statement on pg. 2-5 that no oil drilling or oil extraction occurs "within the nearby vicinity," numerous onshore oil wells and related pipelines are nearby, in addition to wells in and adjacent to the BCER. In fact, as the IS notes (pg. 2-5), the 2021 airshow was cut short by an oil spill originating from an offshore oil pipeline. While that particular incident represented an impact on the Airshow from existing activities, the converse is V A Connor Hyland Pg. 11 March 4, 2024 also reasonably foreseeable, as the Project has the potential to exacerbate existing environmental risks due to the performance of high-risk aerobatic flights over active oil fields, including those in the BCER (California Bldg. Indus. Ass'n v Bay Area Air Quality Mgmt. Dist. (2015) 62 Cal.4th 369, 377, 388-389.). Such overflights have occurred repeatedly in past years' airshows, despite the statement in the IS that airshow aircraft "seldom fly over land" (pg. 2-10). Thus, the reasonably foreseeable potential significant impact of an aircraft accident triggering an oil or hazardous material spill should be analyzed in the DEIR, along with avoidance strategies (for example, by avoiding overflights of BCER) and/or mitigation measures. The IS states at pg. 2-9 that streamer drops are anticipated as part of the opening ceremony on each day of the Airshow. The DEIR should describe and analyze the potentially significant impact that could occur should streamers land on power lines in the BCER and start a fire. During the 2022 Airshow, streamer drops resulted in streamers landing in the BCER near powerlines, leading the BCER CDFW on-site manager to contact Commission staff with concerns about the risk of fire in the active oil field within the BCER. Please see the previous paragraph as well as comment #1, Project 2-23 Description, for suggestions on Project design changes and requests for (cont.) mitigation measures. Tribal Cultural Resources 14.Consideration of Tribal Cultural Resources: The IS identifies potentially significant impacts to Tribal Cultural Resources (pg. 3-54) but reports that the Project activities would not result in any permanent structures and that no excavations, grading, or trenching would be associated with the construction phase. The inclusion of a beach airstrip in the Project area challenges this conclusion. AB 52 includes both procedural and substantive requirements, including the requirement that lead agencies strive to avoid significant adverse changes to tribal cultural resources, regardless of whether consultation is requested or occurs, and incorporate mitigation measures recommended by tribes unless the lead agency determines those suggestions are not feasible. Please note that it is the Commission's broader policy to go beyond the requirements of AB 52 by conducting outreach and consultation with all tribes culturally affiliated with a Project area, as determined by the Native American Heritage Commission, for a proposed Project that may have significant effects on tribal cultural resources. The Commission strongly encourages early, frequent, and meaningful engagement with all culturally affiliated tribes that may be affected by this Project. V Connor Hyland Pg. 12 March 4, 2024 A Alternatives 15.Alternatives: Staff recommends the inclusion of a no-Project alternative to provide a baseline for establishing environmental conditions in the Project area. Additionally, if the PD is not revised to specify no overflights will occur over the BCER, then staff recommends the City identify and analyze an alternative which excludes flight paths over the BCER, to potentially reduce the level of impacts to State and Federally protected species. In addition to describing mitigation measures that would avoid or reduce the potentially significant impacts of the Project, the City should identify and analyze a range of reasonable alternatives to the proposed Project that would attain most of the Project objectives while avoiding or reducing one or more of the potentially significant impacts (see State CEQA Guidelines, § 15126.6). Environmental Justice 16.Environmental Justice: Environmental Justice is defined by California law as "the fair treatment and meaningful involvement of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies." (Gov. Code § 65040.12) This definition is consistent with the Public 2-23 Trust Doctrine's principle that management of trust lands is for the benefit of (cont.) all people. The Commission adopted an updated Environmental Justice Policy and Implementation Blueprint in December 2018 to ensure that environmental justice is an essential consideration in the agency's processes, decisions, and programs. The twelve goals outlined in the Policy reflect an urgent need to address the inequities of the past, so they do not continue. Through its policy, the Commission reaffirms its commitment to an informed and open process in which all people are treated equitably and with dignity, and in which its decisions are tempered by environmental justice considerations. Although not legally required in a CEQA document, Commission staff suggests that the City include a section describing the environmental justice community outreach and engagement undertaken in developing the DEIR and the results of such outreach. The California Office of Environmental Health Hazard Assessment developed the CalEnviroScreen mapping tool to assist agencies with locating census tracts near proposed Projects and identifying the environmental burdens, should there be any, that disproportionately impact those communities. Environmental justice communities often lack access to the decision-making process and experience barriers to becoming involved in that process. It is crucial that these communities are consulted as early as possible in the Project planning process. Commission staff strongly recommends using the CalEnviroScreen V A Connor Hyland Pg. 13 March 4, 2024 tool and then, as applicable, reaching out through local community-based organizations, such as Communities for a Better Environment and Orange County Environmental Justice. Engaging in early outreach will facilitate more equitable access for all community members. In this manner, the CEQA public comment process can improve and provide an opportunity for more members of the public to provide input related to environmental justice. Commission staff also recommends incorporating or addressing opportunities for community engagement in mitigation measures. Furthermore, a key goal in the Commission's Environmental Justice Policy and Implementation Blueprint is increasing and supporting equitable public access, as discussed in comment #12, above. Commission staff recommends the City consider environmental justice communities in their analysis. Commission staff will review the environmental justice outreach and associated results as part of any future Commission action. Thank you for the opportunity to comment on the NOP for the Project. As a trustee and responsible agency, Commission staff requests consultation on this Project and to be kept advised of changes to the Project Description and all other important developments. Please send additional information on the 2-23 Project to the Commission staff listed below as the DEIR is being prepared. (cont.) Please refer questions concerning environmental review to Robin Tuohy, Environmental Scientist, at Robin.Tuohy@slc.ca.gov and Christine Day, Environmental Scientist, at Christine.Day@slc.ca.gov. For questions concerning Commission leasing jurisdiction, please contact Kelly Connor, Public Land Management Specialist III, at Kelly.Connor@slc.ca.gov. For questions related to the BCER, please contact Wendy Hall, Environmental Program Manager, at Wendy.Hall@slc.ca.gov. Sincerely, da Nicole Dobroski Chief Division of Environmental Science, Planning, and Management Attachments: 1) February 24, 2024, letter from Commission staff to City of Huntington Beach and Code Four 2) August 25, 2023, letter from Commission staff to City of Huntington Beach cc: Office of Planning and Research R. Tuohy, Commission V A Connor Hyland Pg. 14 March 4, 2024 C. Day, Commission 2-23 K. Connor, Commission (cont.) W. Hall, Commission L. Calvo, Commission _ Y. Ramirez, Commission Chapter 3.Responses to Comments Comment Letter 2: California State Lands Commission Response to Comment 2-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 2-2 The Applicant submitted the SLC lease application(application number A0000004914)on Tuesday, January 7,2025,to work with the SLC on authorizing components of the Project within SLC's jurisdiction. Response to Comment 2-3 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 2-4 One of the Project Objectives, as provided in Chapter 2,Project Description,page 2-6, of the Draft EIR is to"Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve,the Huntington Beach Wetlands,the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover."To achieve this objective, and as part of the Project Description,the Applicant will provide mandatory,daily, formal briefings each day of the Airshow regarding the location,nature,and sensitivity of the BCER.The Applicant will request an avoidance of overflights over this area and,when overflights of the BCER cannot be avoided, the Applicant will request that overflights occur at 1,000 feet AGL or higher.To further reduce potential impacts to sensitive species,as stated on pages 2-10 and 2-11 of Chapter 2,Project Description,"Because pilots could be instructed by the ATC to fly over the BCER,preactivity surveys and biological monitoring will be conducted each year as part of the Project,at least one day prior to the pre-Airshow activities as well as during the operation of the Airshow to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow- related debris drifts into the sensitive ecological areas."As reflected in Master Response D,the biological monitoring efforts have been expanded to also include monitoring during all pre- Airshow days(that include practice flights),as well as a number of other,additional monitoring requirements. The combination of daily flight briefings,biological monitoring(refer to Master Response D), and the timing of the Airshow relative to the nesting season refer to Master Response C)provides substantial evidence that the Project would reduce potential impacts to the surrounding sensitive habitat including the BCER,the Huntington Beach Wetlands,the Magnolia Marsh,and special- status wildlife species such as the federally endangered California least tern and western snowy plover. The Pacific Airshow Huntington Beach Project 3-42 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Refer to Master Response C for a discussion on timing of the Airshow relative to the nesting season and Master Response D for a more detailed discussion of the biological resource monitoring efforts.Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 2-5 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 2-6 Refer to Response to Comment 2-2 for a discussion of the California State Lands Commission lease application/permit process. While the commentor requests recirculation of the Draft EIR, Section 15088.5(a) of the CEQA Guidelines indicates recirculation is only necessary if significant new information is provided showing that a new significant environmental impact would occur; a substantial increase in the severity of an environmental impact would occur; if a feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project,but the project's proponents decline to adopt it; or if the draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (Mountain Lion Coalition v. Fish and Game Corn. (1989)214 Cal.App.3d 1043). Section 15088.5(b)of the CEQA Guidelines states that"recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR."The comments received on this Draft EIR do not meet any of the requirements of Section 15088.5(a)of the CEQA Guidelines,as demonstrated by this Response to Comments document, and,instead, satisfy the mandate provided by Section 15088.5(b)of the CEQA Guidelines. Response to Comment 2-7 jThis comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 2-8 (Nesting Season) Refer to Master Response C for a discussion on timing of the Airshow relative to the nesting season. The Pacific Airshow Huntington Beach Project 3-43 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 2-9 (Biological Monitoring) Refer to Master Response D for a more detailed discussion of the biological resource monitoring efforts. Response to Comment 2-10 The following text changes will be made to Chapter 2,Project Description,page 2-15,of the Draft EIR: Review and Approvals The Airshow is anticipated to require the following review and approval by the City of Huntington Beach as the Lead Agency under CEQA and the California State Lands Commission as a Responsible Agency under CEQA: • Certification of the Final Environmental Impact Report. • Issuance of a Coastal Development Permit(CDP)from the California Coastal Commission(CCC). • Approval of a State Lands Lease(s)and/or Lease Amendment from the California State Lands Commission. • Approval of the Specific Event Permit Application. Response to Comment 2-11 Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. No flights have dropped below 1,000 feet AGL during any prior Airshows. The only aircraft that would have flown over the BCER would be the Thunderbirds due to their routine and maneuvering packages.Further,in 2024,no overflights were below 1,000 feet AGL pursuant to the Applicant's request of all military aircraft,although the ultimate decision was made by the individual pilots. It is not possible to obtain the average elevation of flights during the Airshow as this information is visible only for the pilot from the altimeter within the cockpit.According to the Applicant,there are multiple daily helicopter operations within the BCER that operate below 500 feet AGL.Daily,there are numerous commercial flights,private jets,and private general aviation aircraft that fly over the BCER. Response to Comment 2-12 Refer to Master Response C for a discussion of the nesting season relative to the Airshow and Master Response D for a discussion of the biological monitoring efforts before and during future Airshows to avoid and/or minimize impacts to potentially nesting birds, if they occur late in the nesting season,as well as the results of biological monitoring that occurred during the first two days of the 2023 Airshow(September 29,2023,and September 30,2023),which did not detect noise-related impacts to sensitive species during flyovers or the presence of nests. The Pacific Airshow Huntington Beach Project 3-44 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 2-13 With respect to the disposal of trash and debris, Chapter 2,Project Description,page 2-10 of the Draft EIR, specifically states that: "All materials,trash,and debris would be removed from the beach and disposed of off-site daily and at the conclusion of the Airshow."Chapter 2,Project Description,page 2-14,of the Draft EIR goes on to state that"The Applicant would be responsible to replace all full trash can liners throughout the venue and to place the trash from the bins into the dumpsters to then be removed by Republic Services following the conclusion of the Airshow. The Applicant would encourage all food vendors to avoid plastics(straws, cups,lids) and recommend use of paper straws or straw less lids." Response to Comment 2-14 Mitigation Measure HAZ-1 states that a qualified avian biologist will conduct a Wildlife Hazard Site Visit(WHSV)following the protocol developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans(Federal Aviation Administration,Advisory Circular 150/5200-38,August 2018)to evaluate potential risk of wildlife strikes at airports(hereafter referred to as the FAA Protocol). The FAA Protocol does not require the WHSV to be conducted during a particular time period.However,the WHSV will be conducted prior to the Airshow,as outlined in Mitigation Measure HAZ-1,to document wildlife activity to inform the WHSV memorandum. If any observations made during the WHSV identifies any potential safety hazards from wildlife, recommendation to reduce those hazards will be made and provided to the Applicant and the City prior to the Airshow. Observations of potential safety hazards from wildlife made during the Airshow, as required by Mitigation Measure HAZ-2,will inform recommendations to reduce those hazards for future Airshows. Observation made prior to and during the 2023 Airshow will also be used to inform the wildlife hazard recommendations in coordination with the Applicant. The purpose of Mitigation Measures HAZ-1 and HAZ-2 are to address the hazards presented by birds with respect to aircraft and pilot safety.Alternatively,the biological monitoring identified in the Project Description is to ensure there are no significant impacts to sensitive species caused by aircraft activity during the Airshow. Response to Comment 2-15 The full text of Section 3.2,Biological Resources,page 3.2-40, of the Draft EIR states that: Although the Applicant would provide daily formal briefings each day of the Airshow to all pilots about the sensitivity of BCER and would request avoidance of overflights over the area, the Project could increase the amount of air traffic that occurs over the Bolsa Creek Ecological Reserve. Because pilots could be instructed by the ATC to fly over the BCER,preactivity surveys and biological monitoring will be conducted each year as part of the Project, at least one day prior to the Airshow as well as during the operation of the Airshow to determine whether Airshow activity is impacting bird behavior and to ensure The Pacific Airshow Huntington Beach Project 3-45 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments that no Airshow-related debris drifts into sensitive ecological areas. With implementation of these measures, impacts from potential overflights are not expected to be significant. The measures that are referenced in this text are not mitigation measures,which would be used if a potentially significant impact was identified,but avoidance measures contained in Chapter 2, Project Description,of the Draft EIR.The use of avoidance measures is further supported by the biological resources monitoring that occurred as part of the 2023 Airshow,which did not detect noise-related impacts to sensitive species during flyovers or the presence of nests. Further,both the CDFW and the existing oil rig operator regularly use aircraft for ongoing work operations at the BCER,which presumably can occur because the operation of that aircraft similarly does not result in an on-going impact on sensitive birds(or other species)in the area due to the relatively temporary nature(meaning,takeoff and landing, although occurring more regularly than the Airshow and also within the nesting season).Further,there are numerous daily flights operated by commercial and private aircraft that also occur over the BCER(and also within the nesting season).As stated on page 3.2-40 of the Draft EIR: With the existing conditions of numerous daily flights by commercial and private aircraft that occur over BCER as well as the regular use of the helipad located within BCER from which flights regularly operate, the additional temporary activity of the annual operation of the Airshow would not significantly contribute to impacts to special-status birds within the BSA. Because the monitoring efforts have been expanded,both in terms of timing and activities,as reflected in Master Response D,the following text changes will be made to Section 3.2, Biological Resources,of the Draft EIR: Page 3.2-40 Above ground,flights associated with the Airshow could result in bird strikes.According to a 2006 study,the majority of bird strikes(74 percent)occur within 500 feet AGL (Dolbeer 2006). In addition,the FAA reported that 70 percent of bird strikes from 1990 to 2022 occurred at 500 feet AGL(FAA 2023). The majority of the flights planned for the Airshow are expected to fly 500 to 1,000 feet above mean sea level(MSL)and would only occur during the Airshow hours(historically between 10:00 AM and 5:00 PM)and at nighttime,when bird activity is lower.As discussed above,numerous daily flights by commercial and private aircraft currently fly over the BCER and helicopters regularly land at a helipad located within the BCER next to the tidal inlet.Although the Applicant would provide daily formal briefings each day of the Airshow to all participating pilots about the sensitivity of BCER and would request avoidance of overflights over the area, the Project could increase the amount of air traffic that occurs over the Bolsa Chica Ecological Reserve.Because pilots could be instructed by the FAA to fly over the BCER, pfea..tiv:t.. «,1 biol„ al m :te .ill be nauctea ch. a..t efts, e Project,Kt least one'�a^.y p io to t1'e A i.sh:.. a s ..ell as du g the t' F t1 ti.at ne A irshow related debris drifts i„to sitive 1 .Because pilots could The Pacific Airshow Huntington Beach Protect 3-46 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments be instructed by the Air Traffic Control(ATCI to fly over the BCER preactivity surveys and biological monitoring will be conducted each year to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas. The specific monitoring efforts will include the following o A qualified biologist(familiar with nesting shorebirds and possessing all necessary permits)will conduct a preactivity survey of the areas with documented sensitive biological resources,including the BCER,areas known to support historic or existing state and/or federally listed species,such as the western snowy plover and California least tern and the Show Center Area.These surveys will occur one day before any pre- Airshow activities and continue through every day of pre-Airshow and Airshow activities to observe baseline avian behavior and the effects of the Airshow on bird behavior. o The qualified biological monitor will be present in areas with documented sensitive biological resources,including the BCER areas known to support historic or existing state and/or federally listed species, such as the western snowy plover and California least tern, and the Show Center Area during the Airshow to monitor bird activity and reactions during the event. o If nests are found,the qualified biologist shall establish a 300-foot buffer for CEQA- or ESA-listed species and a 500-foot buffer for Fully Protected species. The buffer shall be between the Airshow activities,including presence of spectators, and the nest site. The buffer shall be delineated with construction fence,and signs shall be posted along the fence informing the public of the sensitive nature of the nesting site and indicating the area shall not be entered. o Trash and debris in the vicinity of nest sites or other sensitive habitats shall be removed by or at the discretion of the qualified biologist o During the 2023 Airshow,no noticeable change in avian behavior was observed and no California least tern or western snowy plover were observed. If a noticeable • change in behavior(i.e.,flushing or flying off)by state and/or federally listed species (e.g..western snowy plover. California least tern.and/or Belding's savannah sparrow)is observed by the biological monitor resulting from flyovers during future Airshows,the monitor will consult with the City and the Applicant to propose an increase in flight elevation,recognizing that the FAA, flight controllers,and the pilots ultimately determine flight elevations. o Following the conclusion of the annual Airshow,the biological monitor will prepare apost-Airshow report to: (1)document observations,including reporting any relevant information to the CNDDB website and/or CDFW's Vegetation Classification and Mapping Program(although the focus of the monitoring efforts is on avian species; (2)identify measures that were taken,as needed,to avoid potential impacts to nesting or sensitive species; and(3)provide recommendations for future Airshows. The report will be made available to the public on the City's website. With implementation of these measures,impacts from potential overflights are not expected to be significant. The Pacific Airshow Huntington Beach Project 3-47 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Page 3.2-42 The Project may temporarily impact wildlife movement within the BSA as a result of aircraft flyovers. This increased presence could disrupt local movement and displace wildlife within the BSA.Natural reserves and open space areas including BCER and the Huntington Beach Wetlands found to the north and south of the Show Center Area offer refuge for displaced wildlife utilizing upland habitats can disperse to other upland areas in the vicinity,and the temporarily impacted areas would not significantly inhibit local or regional movement of wildlife within these avoided areas of the BSA. Wildlife that is more sensitive to human disturbances and noise may be deterred by the Project related activities. The BCER is an important area in the Pacific Flyway for migratory birds species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 703-712).The BCER is also under the protection of California Fish and Wildlife Code Section 630(17)of Title 14(CDFW 2023c),which states that"no aircraft operations are permitted in a reserve,and low flyovers are in violation."Sound pollution and repeated overhead flyovers can pose a threat to wildlife or harass wildlife species when they occur directly over an occupied area causing bird populations to take flight each time a plane or low flying aircraft fly over.While the proposed flight path to the Airshow Performance Area is planned to occur 500 to 1,000 feet west of the BCER,over the Pacific Ocean, a helicopter landing/runway display would occur on a temporary aircraft landing pad to be located within the Show Center Area during the hours of the Airshow. The Airshow Performance Area and the Show Center Area are located approximately 2.5 miles south of the BCER with performances scheduled to occur over the Pacific Ocean. Therefore,performances and flyovers will not take place directly over BCER.Also,during the Airshow,planes are expected to fly between 500 to 1,000 feet above MSL(as previously stated,most strikes occur below 500 feet)within the flight path to and from the Show Center Area.Aircraft would be instructed to avoid flying over BCER.A majority of the flights planned for the Airshow would occur 1,000 feet above MSL and would only occur during the Airshow hours(between 10:00 AM and 5:00 PM). Additionally,the operator will provide daily formal briefings each day of the Airshow to all operators on the sensitivity.of BCER and request avoidance of overflights over the area. Because there is a chance that pilots could be planes are instructed by the ATC to fly over BCER,each year,preactivity surveys and biological monitoring will be conducted as part of the Project, at least one day prior to the pre-Airshow activities and during the operation of the Airshow to confirm if Airshow activity is impacting bird behavior,as well as watching that no Airshow-related debris drifts into sensitive ecological areas.The specific elements of the biological monitoring efforts are described under Section 3.2.5.1,Special-Status Birds. Thus,it is not anticipated that the Project will result in temporary indirect impacts to BCER. Response to Comment 2-16 Refer to Response to Comment 3-9 for a discussion of the methodology for the biological resources analysis. As discussed in Master Response D, any relevant observations during the monitoring efforts will be reported to the CDFW's CNDDB website and/or CDFW's Vegetation The Pacific Airshow Huntington Beach Project 3-48 ESA/202300046.01 Final Environmental Impact Report August2025 Chapter 3.Responses to Comments Classification and Mapping Program(although the focus of the monitoring efforts is on avian species). Further,all monitoring information will be made available to the public.Lastly,the MMRP will include all mitigation measures identified in the Draft EIR, as well as certain Project Description features that will be voluntarily included in the Project's MMRP. Response to Comment 2-17 The drone crash that previously occurred within the BCER noted by the comment was not related to the Airshow. The Airshow temporary flight restriction(TFR)is a strict"no drone zone."The only drones that fly within the Airshow's TFR are authorized by the Airshow and are directed by pilots who participate in the daily briefings regarding Airshow operations,including in the Airshow's FAA waiver.All pilot documents are collected and provided to the FAA,similar to all pilots who participate in the Airshow.Launching civilian drones within the Airshow's TRF could result in criminal charges with notable fines.Further,the Airshow obtains anti-drone technology that is deployed each year during the Airshow to mitigate and bring down trespassing drones.As such,the Airshow does not use the FAA's B4uFly app,which is only used to show where recreational flyers can and cannot fly. As further discussed in Master Response C,the Airshow is scheduled to occur outside of the nesting season(defined as March 15-September 15 for this project), including the nesting season for elegant tern(early April to mid-June[Animal Diversity Web 2025]5), during the fall(end of September/beginning of October) as discussed in Section 2.6.1 and Section 3.2.5.2 Migratory Wildlife Corridors.Therefore,nesting birds are not anticipated to be impacted by the Airshow, including drone activities.Biological monitoring and surveys have been conducted during the 2023 Airshow to identify potential impacts on bird behavior resulting from Airshow activities, including drone flights, and no noise-related impacts were observed nor were nesting birds. Response to Comment 2-18 The commentor is correct in noting that RV camping would be allowed in Area G,while beach camping would be allowed in Area C.As noted in Chapter 2,Project Description,on page 2-9,of the Draft EIR,"Beach camping generally to take place with the Seating/Activations Area(Area C)and may involve using more ABS flooring to allow for recreational vehicles to park on the sand for the duration of the Airshow weekend,generally arriving Thursday and departing Sunday after the conclusion of the Airshow or Monday morning."Tent camping is unlikely to result in any hazardous materials spills due to the nature of the activity, and RV camping would contain all septic waste within the RV since there are no sewer hoses along the beach.All trash will be disposed of as identified in Response to Comment 2-13. Response to Comment 2-19 In 2022,there was a single incident where the Army,not Airshow activities,accidentally dropped streamers further down the beach to avoid dropping them in front of the event attendees and disrupting the Airshow.A single streamer ultimately was transported into the BCER.The 5 ADW:Sterna elegans:INFORMATION The Pacific Airshow Huntington Beach Project 3-49 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments streamer was quickly recovered by marine safety.As part of the mandatory in-person or virtual daily formal briefings each day of the Airshow,the Applicant requests that if streamer drops are required,they must be landed near the aerobatic box and away from the BCER or other sensitive areas. Response to Comment 2-20 Refer to Response to Comment 1-6 for a discussion of public access. Response to Comment 2-21 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 2-22 The City will either send the MMRP,Notice of Determination,any approving resolutions, CEQA Findings,and Statement of Overriding Considerations to the California State Lands Commission when they are available or post them on the City's website and inform the Commission of their availability. Response to Comment 2-23 In their comment letter,the commentor notes that"Staff have attached the comment letter submitted on March 4,2024,during the Notice of Preparation comment period Attachment 1)and will refer to it throughout this section."Accordingly,this Responses to Comments document responds to those Notice of Preparation comments that were specifically raised in the Commission's Draft EIR comment letter.No further response is required. The Pacific Airshow Huntington Beach Project 3-50 ESA/202300046.01 Final Environmental Impact Report August 2025 Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 CALIFORNIA State of California—Natural Resources Agency GAVIN NEWSOM, Governor - F Sty DEPARTMENT OF FISH AND WILDLIFE CHARLTON H.BONHAM, Director pr1 WlLt)HF South Coast Region 3883 Ruffin Road San Diego, CA 92123 Comment Letter 3 wildlife.ca.gov April 7, 2025 Connor Hyland Senior Deputy City Attorney City of Huntington Beach 2000 Main Street, 4th Floor Huntington Beach, California 92648 Connor.Hylandna surfcity-hb.orq Subject: DRAFT ENVIRONMENTAL IMPACT REPORT for the Pacific Airshow Huntington Beach Project, SCH No. 2024020006, ORANGE COUNTY, CA Dear Connor Hyland: — The California Department of Fish and Wildlife (CDFW) reviewed the Draft Environmental Impact Report (DEIR) from the City of Huntington Beach (City) for the Pacific Airshow Huntington Beach Project (Project) pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines1. Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. CDFW ROLE 3-1 CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a)). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Fish & G. Code, § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources. — PROJECT DESCRIPTION SUMMARY Proponent: Kevin Elliott, Pacific Airshow LLC (Project proponent/Applicant) 3-2 Objective: The Project would provide an Airshow in Huntington Beach that features civilian and military aircraft flybys and aerial acrobatics; air racing; electric vehicle and V 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The "CEQA Guidelines"are found in Title 14 of the California Code of Regulations, commencing with section 15000. Conserving California's Since 1870 Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 2 of 23 A drone displays; competitions and shows; and, displays of other emerging aviation/mobility technologies. To achieve this, the Project will use a temporary runway on the beach for helicopters and aircraft. Additional Project features include visitor- serving entertainment, services, and amenities that include but are not limited to: a variety of viewing areas, vehicle and aircraft demonstrations; illustrations; flight simulations; merchandise tents; concessions; food trucks; live music entertainment; skateboard and bicycle motocross bowl competitions; sandcastle building competitions; art installations; and, pyrotechnic shows. This event has been held annually in the City during the fall season each year since 2016, except in 2020 due to the COVID-19 pandemic. Airshow activities will typically begin at approximately 10am and may extend to 11pm. New events that have not historically occurred include multi-day air racing; a music festival; nighttime flyovers including parachute jumps onto the beach; nightly pyrotechnic shows to be discharged from either aircraft or an ocean barge; and, landing aircraft on a temporary runway on the beach. Location: The Project is in the City of Huntington Beach, which is in coastal Orange 3-2 County. The on-the-ground event portion of the Airshow (the "show center area") is (cont.) located on the beach; its boundaries are approximately from 7th Street to Beach Boulevard along Pacific Coast Highway, and from Pacific Coast Highway to the Pacific Ocean (including a portion of the Huntington Beach Pier). The Project describes the Airshow performance area as being the primary area for aircraft flybys and aerial acrobatics. This performance area is over the Pacific Ocean, adjacent to the show center area, with an east-west length of approximately 3,000 feet and a north-south length of approximately 12,000 feet. The performance area is identified by 16 buoys placed in the ocean. Many of the aircraft flights spill out of the performance area into the temporary flight restriction (TFR) airspace administered by the Federal Aviation Administration (FAA) for the airshow. The TFR is a five-nautical mile ring centered on the airshow's performance area. The show center area and the airshow performance area collectively comprise the Project Site. For the purposes of technical analysis within the DEIR, a broader study area was defined that extends beyond the Project Site to reflect the potential impacts associated with civilian and military flybys and aerial acrobatics transiting to/from the Airshow performance area. Timeframe: Future airshows are anticipated to be held for three to five days, generally Friday through Sunday or up to Wednesday through Sunday, with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. _ Settlement: The City and the Project proponent entered into a Settlement Agreement — and General Release2 (Settlement), effective May 9, 2023, following litigation pertaining to the City's cancellation of the final day of the Airshow in 2021. The Settlement 3-3 contemplates the City conducting environmental review as required by CEQA. The Settlement also requires that if the Project proponent desires to conduct future V 2 https://cros3.revize.com/revize/huntingtonbeachca/SETTLEMENT%20AGREEMENT%20AND%20GENERAL%20RELEASE FINAL SIGNED.pdf Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 3.of 23 airshows, they and the City will enter into a separate "Air Show Event Agreement" to hold at least one airshow event per year, on dates selected by the Project proponent, 3-3 for a term of 10 years with the option to renew up to 3 times for additional 10-year (cont.) terms. Biological Setting: The.Project Site and surrounding areas contain a wide variety of extraordinarily sensitive habitats and wildlife species, including both terrestrial and marine resources.The area immediately surrounding the Project Site contains various protected coastal wetlands, including Bolsa Chica Ecological Reserve (BCER). BCER is an approximately 1,300-acre coastal estuary which contains open water, mudflats, coastal dunes, riparian habitats, freshwater marsh, and saltwater marsh. BCER's saltwater marsh is one of largest remaining in Southern California. More than 200 avian species have been identified there. BCER is an important stopover along the Pacific Flyway for hundreds of migratory bird species. CDFW is responsible for on-site management of BCER, which provides important habitat for sensitive wildlife species, including: • Western snowy plover (Charadrius nivosus nivosus; Federal Endangered Species Act (ESA)-listed threatened, California Species of Special Concern (SSC)) • Light-footed Ridgway's rail (Rallus obsoletus levipes; ESA-listed endangered, California Endangered Species Act (CESA) listed endangered, State Fully Protected.(FP)) 3-4 • Coastal California gnatcatcher (Polioptila californica californica; ESA-listed threatened, SSC) • Belding's savannah sparrow (Passerculus sandwichensis beldingi; CESA-listed endangered) • California least tern (Sterna antillarum browni; ESA-listed endangered, CESA- listed endangered, FP) • White-tailed kite (Elanus leucurus; FP) • Peregrine falcon (Falco peregrinus anatum) • Burrowing owl.(Athene cunicularia; CESA candidate) • Northern harrier (Circus hudsonius; SSC) • Cooper's hawk (Accipiter cooperii; CDFW Watch List (WL)) • Osprey (Pandion haliaetus; WL) • Tricolored blackbird (Agelaius tricolor, CESA-listed.threatened) • California brown pelican (Pelecanus occidentalis californicus) • Short-eared owl (Asio flammeus; SSC) Additionally, less than three miles from the center of the airshow performance area, there are two marine protected areas: Bolsa Bay State Marine Conservation Area (SMCA) and Bolsa Chica Basin SMCA. Under the State Marine Life Protection Act, SMCAs protect tidal lands, wetlands up to the mean high tide line, fish, and fish habitat for many species that are both state and.federally_managed. . Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 4 of 23 Project History: CDFW has an extensive history communicating with the FAA, the California Coastal Commission, the State Lands Commission (SLC), the United States Fish and Wildlife Service (USFWS), and the City regarding the Airshow and its impacts to wildlife. On August 25, 2023, CDFW and SLC jointly sent a letter to the City describing impacts to birds due to the 2021 and 2022 airshows. These impacts included aircraft dropping streamers in BCER, and repeated low flyovers by military aircraft that 3-5 flushed sensitive birds. In that letter, CDFW and SLC emphasized that sound pollution and low overhead flights posed a threat to birds and other wildlife. CDFW also provided the City with comments during the public review period for the Initial Study and Notice of Preparation for this Project, in a letter dated March 4, 20243. At that time, CDFW again voiced concerns about impacts to BCER and the sensitive species therein. CDFW attaches those prior communications because they remain relevant and applicable to the Project and the DEIR. T COMMENTS AND RECOMMENDATIONS CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. Additional comments or other suggestions may also be included to improve the document. COMMENT # 1: General Disclosure and Mitigation of Impacts to Biological Resources 3-6 Issue: The DEIR does not provide a clear, full disclosure and analysis of potentially significant impacts to biological resources, nor does it include mitigation measures to reduce those impacts to a level of less than significant. Specific Impact: Without a full disclosure and analysis of the Project's effect on biological resources, including mitigation measures in a Mitigation, Monitoring, and Reporting Plan (MMRP), the Project is very likely to have significant adverse effects on special status species due to the Project occurring during bird nesting season, or aircraft flying over BCER (either during or outside of bird nesting season). Furthermore, without robust avoidance, minimization, and mitigation measures, the Project as described will interfere substantially with the movement of native resident or migratory wildlife species, with established native resident or migratory wildlife corridors, and impede the use of native wildlife nursery sites. — T Why impact would occur: The DEIR dismisses potential significant impacts to biological resources by improperly relying on assumptions that certain activities would 3-7 occur (described below), and improperly concludes that impacts to biological resources will be avoided. However, there are no actual measures or other enforceable V 3 Available at:httos://files.ceaanet.opr.ca.aov/295302-1/attachmenUt54ROc5vulklGs6au1ip- fpXNsaQryPCQ5ToRpV_Di Kth RZaPyW ygsS IapUJ4vZFMtdAdmzc_Qd7TvU60 Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page5of23 mechanisms to ensure the DEIR's assumptions would in fact occur, nor does the DEIR A analyze and disclose impacts to biological resources that would occur in the absence of the assumptions. This contrasts with the requirements of CEQA and the DEIR's own Approach to Environmental Analysis (DEIR Section 3.0.2) which states, "[t]he project- level analysis will estimate the impacts to each resource category before the implementation of applicable mitigation measures. The analyses will then estimate the impacts to each resource category after the implementation of applicable mitigation measures." Assumptions relied upon in the analysis and for which there is no basis to enforce or otherwise ensure the assumptions are accurate include: a. the Airshoww would not be scheduled during bird breeding season — it is improper to assume this because the Project proponent has discretion to determine when the Airshow would occur per the Settlement; b. the Project proponent would provide daily formal briefings each day of the Airshow to all pilots about the sensitivity of BCER— it is improper to assume this because there is nothing in the DEIR that contemplates this as an enforceable 3-7 measure, nor is there any other information in the. DEIR that indicates the City . (cont.) can require this measure; c. the Project proponent would request avoidance of overflights over BCER— it is improper to assume this because there is nothing in the DEIR.that contemplates this as an enforceable measure, nor is there anything else provided to the public that would indicate.the City can require this measure, moreover, it is not up to the City or the Project proponent to finalize flight paths because, according to the DEIR, the FAA has ultimate authority over flight paths;. d. when overflights of the BCER cannot be avoided, the Project proponent would request that overflights occur at 1,000 feet above ground level or above— it is improper to assume this because there is nothing in the DEIR that contemplates this as an enforceable measure, nor is there anything else provided to the public that would indicate the City can require this measure; and e. because pilots could be instructed by the FAA to fly over the BCER, pre-activity surveys and biological monitoring would be conducted each year as part of the Project, at least one day prior to the Airshow as well as during the operation of the Airshow to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas - it is improper to assume this because there is nothing in the DEIR that contemplates this as an enforceable measure, nor is there anything else provided to the public that would,indicate the City can require this measure. As mentioned above, there is no information.in the DEIR to indicate that these assumptions can be relied upon to reduce or otherwise avoid potentially significant effects. This is especially the case because the City appears to have no control over the 3-8 Project proponent's implementation of the Project in accordance with the assumptions either due to the Settlement or the lack of any information in the DEIR to indicate the enforceability of such measures. Specifically, it is not clear within the context of the Settlement and Air Show Event Agreement requirement if the Project proponent will be V Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 6 of 23 required to abide by the assumptions, or how the City will enforce the assumptions. A Section 2.b. of the Settlement states, in part, that the Air Show Event Agreement, "will be based on, and supported by, the completed aforementioned CEQA environmental 3-8 review, and consistent with the terms of the [Settlement]." Because the Air Show Event (cont.) Agreement will be based on this environmental review, the City should commit to requiring the assumptions as mitigation measures and ensure they are included in the Air Show Event Agreement so that the Airshow is required to implement them. — Nevertheless, because Project elements like flight path are outside the City and Project Proponent's control, the Project's potentially significant impacts to biological resources should be analyzed in the DEIR without reliance on the assumptions. Without 3-9 disclosure, analysis, and mitigation, the Project could result in significant adverse effects to sensitive nesting, overwintering, migrating, and resident bird species due to the Project occurring during bird nesting season or aircraft flying over BCER (either during or outside of bird nesting season). — Evidence impact may be significant: The DEIR should provide an adequate, complete, and detailed disclosure about the significant effects which the Project may have on the environment (Pub. Resources Code, § 20161; CEQA Guidelines, § 15151). Such disclosure is necessary so CDFW, the public, and decisionmakers may provide comments on the adequacy of proposed avoidance, minimization, or mitigation measures, as well as assess the significance of the specific impact relative to the 3-10 environment, in particular plant and wildlife species impacted for CDFW (e.g., current range, distribution, population trends, and connectivity). Furthermore, unlike the assumptions discussion in the Biological Resources section of the DEIR, mitigation measures should be memorialized in a MMRP table and written so as to be enforceable (CEQA Guidelines § 15126.4). Finally, absent real avoidance, minimization, and/or mitigation measures, impacts to listed species would also be considered significant pursuant.to CESA and/or the federal Endangered Species Act. — Recommended Potentially Feasible Mitigation Measure(s) Recommendation #1: Revised analysis. CDFW strongly recommends that the City revise its discussion and analysis of impacts to biological resources, and provides mechanisms to enforce all the assumptions outlined above. If the City cannot enforce the assumptions, then the Biological Resources impact analysis should be based on the Project as it would occur without those assumptions in place (e.g., assess impacts 3-11 associated with the Project occurring during the bird nesting season, assess impacts with aircraft flying over BCER, etc.). This analysis should include compensatory mitigation for significant impacts as appropriate. If the City asserts that the assumptions are enforceable, then the City should provide evidence as to how the assumptions would be enforceable, the assumptions should be rewritten as enforceable mitigation measures, and be included in the DEIR's MMRP table. Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025, Page 7 of 23 COMMENT# 2: Nesting Bird Disturbance Issue: Impacts to nesting birds, including fully protected, CESA-listed, and ESA-listed species, are likely to be significant due to the lack of any enforceable mechanism for the City to control when the Airshow will be held, and no stated enforceable mitigation. Specific Impact: Because of the Settlement, there does not appear to be any mechanism for the City to restrict the timing of the Airshow to outside the breeding season. The DEIR relies on the assumption that the Airshow will be scheduled outside the bird breeding season; however, the Settlement indicates that the Project proponent has the right and ability to select the dates for future Airshows, including during important nesting periods for light-footed Ridgway's rail, California least tern, and western snowy plover, as well as a wide variety of common bird species. As detailed in this letter, holding the Airshow during the bird nesting season is likely to result in significant effects to all, or a combination of, the birds identified in the Biological Setting section of this letter. Why impact would occur: In discussing the potential of the Project to affect birds, the DEIR acknowledges that special-status birds are known to occur in the area and use the beaches and coastal marshes for nesting. The DEIR also indicates that there are 3-12 breeding sites for California least terns and western snowy plovers that are fenced off from public access.The DEIR does not, however, acknowledge that California least terns and western snowy plovers have also been observed nesting outside the confines of those fenced areas, nor does it discuss other special-status bird species that nest on the beach or in the coastal wetlands. The areas surrounding the show center area, including Huntington Beach, BCER, and other coastal wetlands, are vital habitats for a variety of native species. As the largest coastal wetland remaining in California, BCER supports a heavy concentration of breeding birds. Because of the ground-nesting behaviors of these species, disturbance of nesting due to Project implementation is prevalent. For example, disturbance from aircraft overflights, fireworks, vehicles, pedestrians, and even blowing trash can result in flushing of nesting birds, increased predation, crushing of eggs, reduced fitness of chicks, and decreases in reproductive success (Jefferson, et al. 2022). Individually, or in combination, the aforementioned impacts can result in significant effects to individual birds as well as a bird population as a whole. For example, California.least terns, like many colonial ground nesting birds, rely on coordinated attacks, or mobbing behavior to protect their nests from predators (Jefferson, et al. 2022). In other words, the entire tern colony will react together to resolve a threat. Flushing birds from their nests leaves eggs and chicks vulnerable to thermal exposure and to predators that can take advantage of the parents' absence to prey on eggs and chicks and decimate a nesting site in a short amount of time. Repeated flushing can cause nest abandonment. Therefore, an aircraft or individual/spectator could result in a colony leaving their nests resulting in impacts associated with such flushing. V Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 8 of 23 Another example of the Project likely resulting in a significant effect on nesting birds A involves Western snowy plovers. While not colonial, Western snowy plovers frequently nest within or near tern colonies, and can exhibit increased reproductive success because of the defensive behaviors of terns (Powell 2001). While many different factors combine to influence the reproductive success of birds, nest abandonment remains a primary concern and the Airshow is likely to result in such abandonment if it occurs during the nesting season. In their 2024 review of California least tern activity at Huntington State Beach (Huntington Beach Wetlands Conservancy 2024), the Huntington Beach Wetlands Conservancy stated: Overall, since 2008, abandonment has been the major cause of nest loss at this colony. Human disturbance is most likely a major cause for egg non-viability and abandonment which together accounted for over 50% of failed nests (36 nests/63 failed nests). The near constant flushing of birds from the nest reduces incubation time. Fourth of July celebrations on the beach cause disturbance at the colony. In 2024, a boat stationed at the river entrance adjacent to the colony set off fireworks. By July 9, the colony activity was depressed and the colony effectively abandoned.As in 3-12 previous years, helicopters flying and drone flights over the colony caused (cont.) the terns to flush from the nests. Paragliders launching from the Santa Ana River channel and flying low over the colony caused the birds to flush frequently in past years. Although the aforementioned impacts are not the result of the Airshow, low flyovers by jets will have similar effects if they occur during the nesting season. As mentioned in this letter in Comment#4, although the DEIR seems to improperly discount potential impacts from the Airshow based on current activity by aircraft, even if such approach in the DEIR is accurate, which it isn't, the DEIR should, at a minimum, account for the cumulative effect on nesting birds arising from the Airshow. Another major threat to chicks is insufficient nutrition (Scope) and Diamond 2017). In response to disturbance, some birds may stay longer on the nest, which reduces the time available to forage for food for chicks. Additionally, birds may forage further afield than usual, in order to avoid heavily populated areas or aircraft disturbance, which also leads to reduced feeding of chicks. California least terns are particularly vulnerable, and experience significant loss of chicks in years with low fish abundance. Depending on where in a species' breeding cycle the Airshow occurs, disturbances can have varying results (Ellenberg, Mattern and Seddon 2013; Jefferson, et al. 2022). If the Airshow occurs just prior to or at the beginning of nesting season, birds may choose not to nest in the area at all. In the case of California least terns and western snowy plovers, the areas near the Project Site represent important breeding sites, with high density of nests. The closest protected tern and plover nesting areas are Seal Beach 3.75 miles to V Docusign Envelope ID:4AC114CC-7368-4998-AD56.4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page9of23 A the north and Upper Newport Bay Ecological Reserve 6.75 miles to the south. In the absence of a suitable nesting site, an entire season's reproductive effort could be lost. If the Airshow begins after nests have been established, disturbance could lead to mortality of eggs and chicks from nest abandonment, trampling by people or dogs visiting the Airshow, or increased presence of predators drawn to trash and parental absence. If the Airshow occurs toward the end of the nesting season, fledglings could be scared off before they have accumulated the necessary fat reserves to successfully complete migration to their wintering grounds. Evidence impact may be significant: Least terns and light-footed Ridgway's rails are 3-12 listed as endangered under both the California Endangered Species Act (CESA) and (cont.) the federal Endangered Species Act (ESA) and are also fully protected under FGC section 3511(b)(6). As a fully protected species, take cannot be authorized by CDFW. CDFW considers adverse impacts to a species protected by CESA to be significant. Take of any endangered, threatened, or candidate species is prohibited, except as authorized by state law (Fish & G. Code §§ 2080, 2085; Cal. Code Regs., tit. 14, §786.9). As mentioned in the preceding section, individual birds and populations would be affected by the Project during the nesting season. Nests could be abandoned, eggs and/or chicks may not survive, or a season of nesting could be precluded. By itself or in combination, any of these impacts are likely to be significant to individual birds or their population on either a specific or cumulative basis. Recommended Potentially Feasible Mitigation Measure(s) Recommendation #2: Breeding Season Avoidance. If the City is able to restrict the timing of future Airshows, CDFW recommends Mitigation Measure #1 (detailed below) be included in the DEIR and its MMRP table. If the City is unable to restrict timing, CDFW recommends the City include Mitigation Measures #2, #3, and #4, detailed below. Recommendation #3: Compensatory Mitigation. CDFW recommends the DEIR include a range of potential compensatory mitigation options to offset impacts to nesting birds resulting from the Airshow. Options to explore include conservation and/or restoration of 3-13 nesting habitat; funding'for infrastructure work at conserved coastal wetlands to improve water circulation and habitat conditions; and providing funding to managers of California least tern and western snowy plover nesting colonies for ongoing efforts (i.e., fence repair and,predator control). CDFW cautions the City that due to the various factors that could affect the resources, working closely with the Wildlife Agencies and other coastal wetland managers is critical to ensuring that the impacts of the Project will be reduced to below a.level of significance. Mitigation Measure #1: Breeding Season Avoidance. In order to avoid impacts to breeding birds, Airshow activities (including set up and teardown) shall not occur between January 1 and September 15. V Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 10 of 23 Mitigation Measure #2: Nest Site Surveys and Buffers. The Project proponent shall A engage a qualified biologist (familiar with nesting shorebirds and possessing all necessary permits) to survey the technical study area for nesting birds. If nests are found, the qualified biologist shall establish a 300-foot buffer for CESA- or ESA-listed species and a 500-foot buffer for Fully Protected species. The buffer shall be between the Airshow activities, including presence of spectators, and the nest site. The buffer shall be delineated with construction fence, and signs shall be posted along the fence informing the public of the sensitive nature of the nesting site and indicating the area should not be entered. A qualified biologist may determine that additional buffer 3-13 distance is biologically warranted: (cont.) Mitigation Measure#3: Nest Site Monitoring. The Project proponent shall monitor nest sites, including those discovered during the nest site survey and those permanently designated as nest sites (western snowy plover and California least tern nesting areas), during the entire run of the Airshow to ensure spectators do not enter nesting areas and trash and debris are not introduced. Trash and debris shall be removed by or at the direction of a qualified biologist. Mitigation Measure #4: Compensatory Mitigation. The City shall work closely with CDFW and USFWS (collectively, the Wildlife Agencies) and other coastal wetland managers to determine local needs and develop a compensatory mitigation scenario to be included in the DEIR. This mitigation shall be identified in advance of the Airshow to address certain types of effects and then chosen for implementation after the Airshow to specifically address whatever effects that occurred. _ COMMENT# 3: General Avian Disturbance T Issue: Project impacts to migratory and permanent resident avian species are likely to be significant due to the lack of any enforceable mitigation. Specific Impact: Most aircraft are expected to fly 500 to 1,000 feet above mean sea level (MSL) during their performances, and pilots could be instructed to fly over BCER on their way to or from the performance area. The impacts of low-flying aircraft on the bird species at BCER and other coastal wetlands are significant and should not be 3-14 underestimated. Behavioral disruptions, increased stress, and habitat alteration caused by jets and other aircraft flying at low altitudes threaten the health and survival of migratory, resident, and wintering birds. Why impact would occur: CDFW staff and other groups have had opportunity to observe the behavior of birds at BCER in response to overflights, including many instances where birds were displaced from the property or flushed. a. On September 30, 2021, military jets associated with the Airshow were filmed executing low flyovers over seasonal ponds and Bolsa Basin in BCER. Approximately 450 individual birds were estimated to have flushed as a result of v Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 11 of 23 one such flyover. CDFW staff observed another low flyover that day that resulted in the flushing of osprey from a perch in Bolsa Bay. b. After the 2022 Airshow, CDFW photographed streamers that had been dropped into BCER'that resulted in flushing birds. c. Subsequently, CDFW requested that for the 2023 airshow, no flyovers occur over BCER, and that no streamers or other debris be dropped over BCER. Hundreds of pelicans were disturbed and seen flushing after jets flew over BCER during the Airshow despite requests that such flyovers be avoided. d. Observations of flushing continued during the 2024 Airshow. Species impacted by the hundreds of individuals include brown pelican, black bellied plover, western sand piper, and red-necked phalarope. More than 20 western snowy plover individuals were also recorded flushing as a result of jet activity. e. Flight Tracker activity, taken by CDFW staff, documents continued low flyover over BCER, despite continued requests and requirements for avoidance. (Staff observations, electronically on file with CDFW) Behavioral responses to aircraft disturbances add to the daily energy expenditure of birds. When birds are disturbed, they can react with altered behaviors, such as agitation or flushing.Also, a bird may exhibit no outward signs of distress but experience an elevated heart rate (Ellenberg, Mattern and Seddon 2013), increased oxygen 3-14 consumption, and change in metabolic rate, thus disrupting the bird's energy budget (con and Hu o 1998). Even outside breedingseason, such disturbances can have (cont.) (Kempf pp p . a high impacts on the individual bird as well as the population. In the winter, birds may require more energy to maintain their body temperature. During the non-breeding season birds need to forage as much as possible to build up fat stores for migration, upcoming breeding activity, or harsh winter conditions (Kempf and Htippop 1998). Birds that rely on BCER for food and shelter could temporarily abandon these habitats during the Airshow, leading to a loss of critical resources during key times, such as during migration or overwintering periods. This disruption can have significant consequences for their overall health, survival, and reproductive success resulting in significant effects to both individual birds as well as the population. The proposed timing of the Airshow overlaps with the migratory periods for many species of birds traveling along the Pacific Flyway.As coastal wetlands are important stopovers for annual migration, aircraft disturbances in those areas will affect a large number of birds. Migratory birds rely on specific cues, including environmental factors such as light, temperature, and quiet, to guide their journeys. The presence of high- decibel noise and physical disturbances from aircraft can interfere with these cues, potentially delaying or disrupting migration. This disruption could affect the birds' ability to arrive at their final destination on time, impacting their survival and reproductive success (Schummer and Eddleman 2003). It can also interfere with the birds'flight paths, leading to potential collisions or forced changes in migration patterns. Noise and physical presence of aircraft may also affect the landscape and vegetation used by birds for cover and nesting. While the Airshow is relatively short-lived, repeated v Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 12 of 23 disturbances over time may lead to cumulative effects that alter the use of BCER's A habitat by avian species. Many species of waterfowl and shorebirds also use BCER as a wintering ground. Shorebirds rely heavily on BCER's mudflats for feeding during migration. Western snowy plover winters and breeds at BCER and can be sensitive to even minor disturbances. Raptors, such as the northern harrier, burrowing owl, and short-eared owl that winter at BCER are particularly at risk, as they tend to remain in one location for extended periods. Disruptions can cause these birds to leave critical feeding or resting areas, reducing their chances of survival during harsh winter conditions. Resident species that live year-round at BCER may also be affected by the Airshow. Species such as the Belding's savannah sparrow and light-footed Ridgway's rail, which are already vulnerable due to habitat loss and predation, may be further stressed by the noise and disruption caused by the event. All the effects mentioned in this paragraph and the preceding ones are likely to result in significant effects to individual birds as well as their populations. Evidence impact may be significant: CEQA provides protection for special status species, including ESA- or CESA-listed species, Species of Special Concern, and Fully Protected Species (CEQA Guidelines § 15380). The DEIR does not provide an adequate analysis of the potential impacts to special status species, nor does it include 3-14 mitigation for potential impacts. Inadequate avoidance, minimization, and mitigation (cont.) measures for impacts to special status species will result in the Project having a significant adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species by the Wildlife Agencies. Furthermore, the DEIR does not provide an adequate analysis of the potential impacts to migratory patterns or breeding success of birds, nor does it include mitigation for potential impacts. Inadequate avoidance, minimization, and mitigation measures for impacts to migrating or nesting birds will result in the Project continuing to interfere substantially with the movement of native resident or migratory birds or with established migratory corridors or impede the use of native wildlife nursery sites. These are all significant effects on birds and their populations. Recommended Potentially Feasible Mitigation Measure(s) Mitigation Measure #5: Monitoring of Bird Behavior. The Project proponent shall engage a qualified biologist (familiar with bird behavior and possessing all necessary permits) to monitor and assess the effects of the Airshow on bird behavior. Monitoring shall occur at BCER, as well as other locations where birds congregate and that may be affected by the Airshow. Monitoring shall include one or more days prior to the start of Airshow activities, to provide a baseline measurement, and shall continue daily until the end of the Airshow. Observations shall be made of bird behaviors and aircraft passing over the study area. The Project proponent shall coordinate with the Wildlife Agencies to develop appropriate study design, methodology, and reporting (see also V Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 13 of 23 recommended Mitigation Measure # 8 below). If monitoring demonstrates a significant A impact to nesting,birds, compensatory mitigation as outlined in Mitigation Measure #4 will be implemented, and additional avoidance measures shall be implemented to avoid 3-14 future impacts. The Wildlife Agencies shall be given the opportunity to review and (cont.) provide feedback on additional Airshow avoidance measures. COMMENT# 4: Flyover Disturbance Issue: As analyzed in the DEIR, impacts to BCER as a result of flyover disturbance are not mitigated to below significant. Specific Impact: CDFW disagrees with the conclusion that the Project will not result in significant biological resources impacts due to flyover disturbance.Analysis of these impacts in the DEIR is, again, based on specious assumptions as outlined in Comment #1 and not supported by evidence. In fact, it is contradicted by CDFW observations of prior Airshow activity. The Airshow will increase the amount of air traffic that occurs over BCER,Airshow-related debris could drift into sensitive habitat areas, and birds are likely to be displaced due to Project activities. Why impact would occur: It is inappropriate to compare Airshow-related flyovers to existing conditions at BCER. The DEIR discounts the potential of the Project to impact biological resources because other,aircraft fly over BCER, and points to operation of aircraft from the helipad adjacent to BCER (incorrectly identified as being located within the Ecological Reserve) to demonstrate that the airshow will not cause disturbance to 3-15 birds. The DEIR includes Table 3.2-2, which lists Flight Aware aircraft flight observations within the biological survey area for March 11, 2024, to demonstrate "ambient overflight conditions". The effort to equate Airshow flyovers to existing conditions is uncompelling for several reasons. For one, the helicopter that uses the helipad next to BCER does not generally cross over BCER; it crosses the beach as it flies to and from an offshore oil platform. In addition, the pilot and•CDFW staff coordinate successfully to adjust flight paths as needed to avoid flocks of birds that are loafing under the usual path or other unusual conditions. Second, on the day used in the DEIR to demonstrate ambient flight conditions, 17 aircraft flew over BCER. All but three were at or over 2,000 feet above ground level as they passed over BCER, and none were below 1,300 feet. This is in contrast to observed overflights during past years' airshows, where multiple aircraft passed over BCER at low altitudes (i.e. well below 1,300 feet) and caused birds to flush (mentioned in Comment#3). Third, while birds may become habituated to aircraft that they encounter frequently, that tolerance will not extend to novel encounters with aircraft of the type that would occur during the Airshow (van der Kolk, et al. 2024). The reaction of a bird to an aircraft will vary depending on factors such as the species of bird, whether they are on a nest, and their familiarity with the particular aircraft. Differences in aircraft size, shape, speed of travel, altitude, and noise level will elicit differing responses. Some birds react strongly to the visual of hang gliders and parachutes, whilev Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 14 of 23 some react to the sound of loud aircraft. For some species, large slow aircraft are more A threatening than smaller aircraft (van der Kolk, et al. 2020). Some species react more strongly to helicopters than jets, some the opposite (Fuller, McChesney and Golightly 2018).A stimulus that seems to have a low impact to humans may be perceived by a bird as threatening (Ellenberg, Mattern and Seddon 2013). Evidence impact may be significant: CEQA provides protection for special status species, including ESA- or CESA-listed species, Species of Special Concern, and Fully Protected Species (CEQA Guidelines § 15380). The DEIR does not provide an adequate analysis of the potential impacts to special status species, nor does it include mitigation for potential impacts. Inadequate avoidance, minimization, and mitigation measures for impacts to special status species will result in the Project continuing to have a significant adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species by the Wildlife Agencies. Furthermore, the DEIR does not provide an adequate analysis of the potential impacts to migratory patterns or breeding success of birds, nor does it include mitigation for potential impacts. Inadequate avoidance, minimization, and mitigation measures for impacts to migrating or nesting birds will result in the Project continuing to interfere 3-15 substantially with the movement of native resident or migratory birds or with established (cont.) migratory corridors or impede the use of native wildlife nursery sites. All the effects mentioned in Comment#3 and this Comment#4 are likely to result in significant effects to individual birds as well as their populations. Recommended Potentially Feasible Mitigation Measure(s) Recommendation #4: Flyover Impacts. CDFW recommends that the DEIR include measures to avoid, reduce, and compensate for impacts associated with low-level flyovers. Measures should clearly indicate that they apply to all aspects of the Airshow, including aircraft flight familiarization and flight practice flyovers, and that they apply to all types of aircraft, including parachutes, gliders, and drones. It should also be dear in the DEIR that the measures apply to aircraft involved in photographing the Airshow. Mitigation Measure #6: Participant Education. The Project proponent shall conduct daily formal pre-flight briefings to familiarize all pilots with the sensitivity of BCER and other coastal wetlands. These briefings shall be held each day of the Airshow, including days with aircraft flight familiarization and flight practice flyovers. The Project proponent shall notify CDFW of all pre-flight meeting times and allow the opportunity for CDFW staff to participate in the meetings. The Project proponent shall coordinate with CDFW each day prior to the meeting in order to have the most current information regarding sensitive resources within BCER. Mitigation Measure#7: Flight Over BCER. The Project proponent shall encourage pilots to avoid flying over BCER. The Project proponent shall inform participants that coastal wetlands, including BCER, are considered noise-sensitive areas, as that term is v Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 15 of 23 used in FAA Advisory Circular No: 91-36D4. The Project proponent shall encourage A pilots to observe the voluntary practices contained therein. In particular, pilots shall be encouraged to maintain an altitude of at least 2,000 feet above ground level when flying over BCER or other coastal wetlands. A copy of the advisory circular shall be included in the participant information package, and it shall be discussed at pre-flight meetings. Mitigation Measure#8:.Post Action Report and Coordination. Within 60 days following the Airshow, the Project proponent shall provide a Post Action Report to the City, the 3-15 Wildlife Agencies, and other stakeholders. The report shall, at a minimum, summarize (cont.) the results of the monitoring (see recommended mitigation measure #4 above), any issues that arose during the Airshow and measures that were taken as a result, compensatory measures proposed to offset any impacts (see recommendation #3 above related to compensatory mitigation), and suggested improvements for future Airshows. Upon request, the Project proponent shall meet with the City, the Wildlife Agencies, and/or other stakeholders to discuss the Post Action Report and any proposed additional mitigation measures that would further decrease impacts from future Airshows. — ADDITIONAL COMMENTS 3-16 Scope of the Project.While alluded to in other places in our letter, CDFW requests that the scope of the Project be expanded to include, and that all mitigation measures apply to, flight rehearsals leading up to the Airshow. Activities that may have impacts to biological resources post event should also be included. — Bird Strike Hazard. CDFW recommends the City clarify the timing limits of Airshow flights in relationship to bird strikes. Currently, the DEIR says that no flights related to the airshow are planned to occur at night, so, "...the potential for impacts to aircraft from collisions with migratory birds are expected to be less than significant" (page 3.3-11); however, other places in the document say that there will be night flights, potentially as late as 11:00pm (page ES-4). The issue of bird strike with regard to the temporary landing area should also be revisited. The DEIR does not identify the methods that will be used to mitigate bird strike hazards for the temporary runway, but it does indicate hazing could be employed. CEQA requires that if a mitigation measure could, itself, 3-17 have impacts, those impacts must be disclosed and analyzed in the DEIR (CEQA Guidelines, § 15126.4(a)(1)); therefore, CDFW recommends the DEIR disclose the measures that will be required to mitigate bird strike hazards, analyze the potential impacts to biological resources that could occur as a result of those measures, and include them in a MMRP table. Bird strikes and any bird hazing should be included in the report mentioned in Mitigation Measure #7 in order to develop appropriate compensatory mitigation for the effects to ensure they will be less than significant, either on an individual, specific basis, or from the perspective of a cumulative effect on birds. — 4 https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentlD/23156 Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 16 of 23 Results of Bird Behavior Monitoring. CDFW recommends that the City include the data and a discussion of past monitoring efforts, including methodologies and results, in the environmental document to better inform its analysis of the Project's effects on 3-18 biological resources. This includes data on the behavior of birds in response to aircraft as well as the monitoring that occurred during the 2023 airshow. Mitigation measures based on discussion of this data should be included in an MMRP table. _ Mitigation and Monitoring Reporting Plan. CDFW recommends the Project's environmental document include mitigation measures recommended in this letter. CDFW has provided comments via a mitigation monitoring and reporting plan to assist in the development of feasible, specific, detailed (i.e., responsible party, timing, specific actions, location), and fully enforceable mitigation measures (CEQA Guidelines, § 3-19 15097; Pub. Resources Code, § 21081.6). The Lead Agency is welcome to coordinate with CDFW to further review and refine the Project's mitigation measures. Per Public Resources Code section 21081.6(a)(1), CDFW has provided a summary of our suggested mitigation measures and recommendations in the form of an attached Draft Mitigation Monitoring and Reporting Plan (Attachment A). _ T ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural 3.20 communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNDDB website5 provides direction regarding the types of information that should be reported and allows on-line submittal of field survey forms. In addition, information on special status native plant populations and sensitive natural communities, should be submitted to CDFW's Vegetation Classification and Mapping Program using the Combined Rapid Assessment and Releve Form6. The City should ensure data collected for the preparation of the DEIR is properly submitted. FILING FEES The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of 3-21 environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.) _ 5 https://wildlife.ca.gov/Data/CNDDB 6 https://wildlife.ca.gov/Data/VegCAMP/Natural-Communities/Submit Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 17 of 23 CONCLUSION CDFW appreciates the opportunity to comment on the DEIR to assist the City in identifying and mitigating Project impacts on biological resources. CDFW requests an 3-22 opportunity to review and comment on any response that the City has to our comments and to receive notification of any forthcoming hearing date(s)for the Project. Questions regarding this letter or further coordination should be directed to Jennifer Turner7, Senior Environmental Scientist Supervisor. _ Sincerely, 1—DocuSigned by: '-5991E19EF8094C3... Victoria Tang Environmental Program Manager South Coast Region ATTACHMENTS Attachment A: Draft Mitigation, Monitoring, and Reporting Program ec: California Department of Fish and Wildlife Victoria Tang Jennifer Turner Kelly Fisher Melissa Borde Robin Madrid United States Fish and Wildlife Service Carol Roberts, carol a roberts(c�fws.gov California State Lands Commission Wendy Hall, Wendv.Hall(aslc.ca.gov California Coastal Commission Amitra Spencer, Amrita.Spencercoastal.ca.gov Office of Planning and Research State.Clearinghouse(c�opr.ca.gov Phone: 858-539-9109; Email:jennifer.turner@wildlife.ca.gov Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 18 of 23 REFERENCES Ellenberg, Ursula, Thomas Mattern, and Philip J Seddon. 2013. "Heart Rate Responses Provide an Objective Evaluation of Human Disturbance Stimuli in Breeding Birds." Conservation Physiology. doi:10.1093/conphys/cot013. Fuller, Allison R, Gerard J McChesney, and Richard T Golightly. 2018. "Aircraft Diesturbance to Common Murres (Uria aalge) at a Breeding Colony in Central California." Waterbirds: The International Journal of Waterbird Biology 257-267. Huntington Beach Wetlands Conservancy. 2024. "Activitiy fo the California Least Tern (Sternula antillarum browni) at ." Jefferson, Camryn N, Marissa M Brown, Lianne M Koczur, Cortney E Weatherby, and Fallan D Batchelor. 2022. "Disturbances to Least Tern (Sternula antillarum) Colonies Along the Alabama Coast." Alabama Birdlife. Kempf, Norbert, and Ommo Huppop. 1998. "Wie wirken Flugzeuge auf Vogel? - Eine bewertende Ubersicht." Naturschutz and Landschaftsplanung. Summarized in English online at https://www.fai.org/sites/default/files/documents/In_3- I_aircraft effects_on_birds.pdf. Powell, Abby N. 2001. "Habitat Characteristics and Nest Success of Snowy Plovers Associated with California Least Tern Colonies." The Condor. Schummer, Michael L, and William R Eddleman. 2003. "Effects of Disturbance on Activity and Energy Budgets of Migrating Waterbirds in South-Central Oklahoma." The Journal of Wildlife Management 789-795. Scopel, L C, and A W Diamond. 2017. "Predation and Food-Weather Interactions Drive Colony Collapse in a Managed Metapopulation of Arctic Terns (Sterna paradisaea)." Canadian Journal of Zoology. doi:https://doi.org/10.1139/cjz-2016- 0281. van der Kolk, H J, C J Smit, A M Allen, B J Ens, and M van de Pol. 2024. "Frequency- dependent Tolerance to Aircraft Disturbance Drastically Predicted Impact on Shorebirds." Ecology Letters. doi:10.1111/ele.14452. van der Kolk, H, K L Krijgsveld, H Linssen, R Diertens, D Dolman, M Jans, M Frauendorf, B J Ens, and M van de Pol. 2020. "Cumulative Energetic Costs of Military Aircraft, Recreational and Natural Disturbance in Roosting Shorebirds." Animal Conservation 359-372. doi:10.1111/acv.12546. Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 19 of 23 ATTACHMENT A: DRAFT MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) CDFW provides the following language to be incorporated into the MMRP for the Project. Mitigation Measures Timing Responsible Party Mitigation Measure#1: Breeding Season Avoidance. In order to avoid impacts to breeding birds, Airshow activities (including set up and teardown) shall not occur During the Project between January 1 and September 15. Project Proponent Mitigation Measure#2: Nest Site Surveys and Buffers. The Project proponent shall engage a qualified biologist (familiar with nesting shorebirds and possessing all During the Project necessary permits) to survey the technical study area for nesting birds. If nests are Project Proponent 3-23 found, the qualified biologist shall establish a 300-foot buffer for CESA- or ESA-listed species and a 500-foot buffer for Fully Protected species. The buffer shall be between the Airshow activities, including presence of spectators, and the nest site. The buffer shall be delineated with construction fence, and signs shall be posted along the fence informing the public of the sensitive nature of the nesting site and indicating the area should not be entered. A qualified biologist may determine that additional buffer distance is biologically warranted. Mitigation Measure#3: Nest Site Monitoring. The Project proponent shall monitor nest sites, including those discovered during the nest site survey and those During the Project permanently designated as nest sites (western snowy plover and California least tern Project Proponent nesting areas), during the entire run of the Airshow to ensure spectators do not enter nesting areas and trash and debris are not introduced. Trash and debris shall be removed by or at the direction of a qualified biologist. V Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 20 of 23 A Mitigation Measures Timing Responsible Party Mitigation Measure#4: Compensatory Mitigation. The City shall work closely with Before, Project CDFW and USFWS (collectively, the Wildlife Agencies) and other coastal wetland during, and Proponent managers to determine local needs and develop a compensatory mitigation scenario after the to be included in the DEIR. This mitigation shall be identified in advance of the Airshow Project to address certain types of effects and then chosen for implementation after the Airshow to specifically address whatever effects that occurred. Mitigation Measure#5: Monitoring of Bird Behavior. The Project proponent shall Before, Project 3-23 engage a qualified biologist (familiar with bird behavior and possessing all necessary during, and Proponent (cont.) permits) to monitor and assess the effects of the Airshow on bird behavior. Monitoring after the shall occur at BCER, as well as other locations where birds congregate. Monitoring Project shall include one or more days prior to the start of Airshow activities, to provide a baseline measurement, and shall continue daily until the end of the Airshow. Observations shall be made of bird behaviors and aircraft passing over the study area. The Project proponent shall coordinate with CDFW to develop appropriate study design and methodology. Mitigation Measure#6: Participant Education. The Project proponent shall conduct daily formal pre-flight briefings to familiarize all pilots with the sensitivity of BCER and During the Project other coastal wetlands. These briefings shall be held each day of the Airshow, Project Proponent including days with aircraft flight familiarization and flight practice flyovers. The Project proponent shall notify CDFW of all pre-flight meeting times and allow the opportunity for CDFW staff to participate in the meetings. The Project proponent shall coordinate with CDFW each day prior to the meeting in order to have the most current information regarding sensitive resources within BCER. V Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 21 of 23 A Mitigation Measures Timing Responsible Party Mitigation Measure#7: Flight Over BCER. The Project proponent shall encourage pilots to avoid flying over BCER. The Project proponent shall inform participants that coastal wetlands, including BCER, are considered noise-sensitive areas, as that term is:used in FAA Advisory Circular No: 91-36D8. The Project proponent shall encourage pilots to observe the voluntary practices contained therein. In particular, pilots shall be encouraged to maintain an altitude of at least 2,000 feet above ground level when flying over BCER or other coastal wetlands. A copy of the advisory circular shall be included in the participant information package, and it shall be discussed at pre-flight meetings. 3-23 Mitigation Measure#8: Post Action Report and Coordination. Within 60 days (cont.) following the Airshow, the Project proponent shall provide a Post Action Report to the City, the Wildlife Agencies, and other stakeholders. The report shall, at a minimum, summarize the results of the monitoring (see recommended mitigation measure#4 above), any issues that arose during the Airshow and measures that were taken as a result, compensatory measures proposed to offset any impacts (see recommendation #3 above related to compensatory mitigation), and suggested improvements for future Airshows. Upon request, the Project proponent shall meet with the City, the Wildlife Agencies, and/or other stakeholders to discuss the Post Action Report and any proposed additional mitigation measures that would further decrease impacts from future Airshows. V 8 https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentlD/23156 Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 22 of 23 A Mitigation Measures Timing Responsible Party Recommendation #1: Revised analysis. CDFW strongly recommends that the City revise its discussion and analysis of impacts to biological resources, and provides mechanisms to enforce all the assumptions outlined above. If the City cannot enforce the assumptions, then the Biological Resources impact analysis should be based on Before the The City the Project as it would occur without those assumptions in place (e.g., assess impacts Project associated with the Project occurring during the bird nesting season, assess impacts with aircraft flying over BCER, etc.). This analysis should include compensatory mitigation for significant impacts as appropriate. If the City asserts that the assumptions are enforceable, then the City should provide evidence as to how the assumptions would be enforceable, the assumptions should be rewritten as enforceable mitigation measures, and be included in the DEIR's MMRP table. 3-23 (cont.) Recommendation #2: Breeding Season Avoidance. If the City is able to restrict the timing of future Airshows, CDFW recommends Mitigation Measure#1 (detailed below) Before the The City be included in the DEIR and its MMRP table. If the City is unable to restrict timing, Project CDFW recommends the City include Mitigation Measures #2, #3, and #4, detailed below. Recommendation #3: Compensatory Mitigation. CDFW recommends the DEIR include a range of potential compensatory mitigation options to offset impacts to Before the The City nesting birds resulting from the Airshow. Options to explore include conservation Project and/or restoration of nesting habitat; funding for infrastructure work at conserved coastal wetlands to improve water circulation and habitat conditions; and providing funding to managers of California least tern and western snowy plover nesting colonies for ongoing efforts (i.e., fence repair and predator control). CDFW cautions the City that due to the various factors that could affect the resources, working closely with the V Docusign Envelope ID:4AC114CC-7368-4998-AD56-4C3049935276 Connor Hyland City of Huntington Beach April 7, 2025 Page 23 of 23 A Mitigation Measures Timing Responsible Party Wildlife Agencies and other coastal wetland managers is critical to ensuring that the impacts of the Project will be reduced to below a level of significance. 3-23 Recommendation #4: Flyover Impacts. CDFW recommends that the DEIR include (cont.) measures to avoid, reduce, and compensate for impacts associated with low-level Before the The City flyovers. Measures should clearly indicate that they apply to all aspects of the Airshow, Project including aircraft flight familiarization and flight practice flyovers, and that they apply to all types of aircraft, including parachutes, gliders, and drones. It should also be clear in the DEIR that the measures apply to aircraft involved in photographing the Airshow. Chapter 3.Responses to Comments Comment Letter 3: California Department of Fish and Wildlife Response to Comment 3-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 3-2 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 3-3 The Settlement Agreement and General Release,6 executed between Pacific Airshow LLC and the City of Huntington Beach on May 9,2023,dictates(not contemplates)that the City will complete environmental review pursuant to the California Environmental Quality Act.The commentor correctly describes the conditions of the May 9,2023,Agreement relative to future Airshow events.No further response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 3-4 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Appendix D,Biological Resources Technical Report,of the Draft EIR, evaluated the potential to occur for all of the species identified by the commentor,with the exception of the peregrine falcon,northern harrier, and short-eared owl. The Peregrine falcon,northern harrier, and short- eared owl were not addressed as they did not appear as an identified species in the five- quadrangle USGS topographic map search area of the study area,which included Newport Beach, Seal Beach,Anaheim,Tustin,and Laguna Beach. Response to Comment 3-5 Refer to Response to Comment 2-19 for a discussion of the use of streamers.Refer to Response to Comment 2-15 for a discussion of the routine use of aircraft by the CDFW and oil rig operator as part of ongoing operations at the BCER,as well as the daily commercial and private aircraft flights that fly over the BCER.Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. 6 SETTLEMENT AGREEMENT AND GENERAL RELEASE FINAL SIGNED.pdf,accessed on April 24,2025. The Pacific Airshow Huntington Beach Project 3-74 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 3-6 Refer to Response to Comment 3-9 for a discussion of the methodology for the biological resources analysis.Further,the MMRP includes all mitigation measures identified in the Draft EIR and also voluntarily includes Project Description features(e.g.,biological monitoring)to ensure enforceability. Response to Comment 3-7 Refer to Master Response C for a discussion of the nesting season relative to the Airshow. Further,the daily formal briefings,which include a request that overflights over the BCER are avoided and any overflights, if they must occur,are at or above 1,000 feet AGL,and the biological monitoring before and during the Airshow,are included as part of the Project proposal and,as such, are included in Chapter 2,Project Description,of the Draft EIR. These activities have occurred as part of past Airshow operations and based on the 2023 biological monitoring,no noise-related impacts to sensitive species(as a result of flyovers)nor were the presence of nests detected.Further, as previously mentioned,there is routine use of aircraft by the CDFW and oil rig operator as part of ongoing operations at the BCER, as well as the daily commercial and private aircraft flights that fly over the BCER,which also occur during the March to September nesting season; similarly,there is no documentation of biological impacts as a result of these separate aircraft activities.As such,the above-identified features are part of the Project,rather than imposed as mitigation measures,the latter of which would only be used to if there were documented potentially significant impacts. However,to ensure enforceability of the biological monitoring efforts,this Project Description feature will be voluntarily included in the Project's MMRP.The daily briefings have and will continue to occur and the outcome of those briefings cannot be guaranteed;therefore,this Project Description feature is not included in the MMRP. Response to Comment 3-8 Refer to Response to Comment 3-9 for a discussion of the methodology for the biological resources analysis.Further,the MMRP includes all mitigation measures identified in the Draft EIR and also voluntarily includes Project Description features(e.g.,biological monitoring)to ensure enforceability. Response to Comment 3-9 Refer to Master Response C for a discussion of the nesting season relative to the Airshow.Refer also to Response to Comment 3-7 for discussion of the various Project Description features, which have occurred during previous Airshows,that avoid or reduce potential biological resource impacts.Further,refer to Master Response D for a discussion of the additional biological monitoring efforts,beyond those already conducted for the 2023 Airshow,that will be conducted for future Airshows to further ensure that impacts to sensitive species would be avoided or reduced. The Draft EIR analyzes the potential environmental impacts of the Project using the baseline conditions(as of 2023),which included baseline biological surveys and the information from biological monitoring that occurred during the 2023 Airshow, as well as the various Project The Pacific Airshow Huntington Beach Project 3-75 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments features that have historically been provided during Airshows(e.g., daily briefings and are part of the Project),as compared to the identified thresholds of significance.Further,in preparation for baseline biological surveys, a literature review was conducted that included a review of special status species and habitats with the potential to occur within the proposed project area. The results of the literature review and baseline surveys are found in Appendix D to the Draft EIR. Response to Comment 3-10 Refer to Response to Comment 3-9 for a discussion of the methodology for the biological resources analysis. Response to Comment 3-11 Refer to Response to Comment 3-7 regarding the use of project features, as opposed to mitigation measures,and the enforceability of Project Description requirements.Refer to Master Response C for a discussion of the nesting season relative to the Airshow.Refer to Response to Comment 3-9 regarding the method of analysis for potential impacts of the Project. Response to Comment 3-12 Refer to Master Response C for a discussion of the nesting season relative to the Airshow. Further,the commentor mentions the potential disturbance to California least tern nests as a result of the Project and also points to Fourth of July celebrations and paragliders launching from the Santa Ana River channel in past years. According to the U.S.Fish and Wildlife Service,the nesting season for the California least tern is from mid-April to mid-September.'Even the earlier pre-Airshow activities would occur at least one week beyond the identified nesting season for the California least tern. In terms of the western snowy plover,according to a document entitled Western Snowy Plover Nesting at Bolsa Chica, Orange County, California 2022(Peter Knapp,California Department of Fish and Wildlife,and Rachel Woodfield,Merkel&Associates),8"The recognized breeding season of the western snowy plover normally extends from March 1 through September 15."In 2022,according to the above-cited document,"The first snowy plover nest was established on March 25,which was two weeks earlier than 2021.The last brood fledged on September 10." Therefore, as with the California least tern,even the earlier pre-Airshow activities would occur at least one week beyond the identified nesting season for the western snowy plover. Lastly,the light-footed Ridgway's rail nesting season is mid-March to the end of August,9 which would also occur outside of pre-Airshow and Airshow activities. Response to Comment 3-13 Refer to Master Response C for a discussion of the nesting season relative to the Airshow. The Airshow will occur outside of the nesting season for the California least tern,Belding's savannah 7 California Least Tern(Sterna antillarum browni)1 U.S.Fish&Wildlife Service,accessed on April 23,2025. 8 Microsoft Word-2022 Bolsa Chica WSP Report.doc,accessed on April 23,2025. 9 Light-footed Ridgway's rail,accessed on April 23,2025. The Pacific Airshow Huntington Beach Project 3-76 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments sparrow,the light-footed Ridgway's rail,and many other avian species.No Airshow activities would occur between January 1 and September 15, as requested by the commentor's proposed Mitigation Measure#1. Because the Airshow will occur outside of the nesting season,there is no need for Recommendation#3 or Mitigation Measure#4,both of which request compensatory mitigation. Refer to Master,Response D for a discussion of the monitoring efforts,which address the commentor's measures in Mitigation Measure#2 and Mitigation Measure#3. Response to Comment 3-14 Refer to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER.Also refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events.Refer to Response to Comment 2-19 for a discussion of the use of streamers. Response to Comment 3-15 Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting'from past Airshow events.Also,while the commentor provides conclusions about potential bird behavior resulting from operation of the Airshow,the biological monitoring conducted during the 2023 Airshow did not detect evidence of disrupted bird behavior. With respect to Recommendation#4(regarding flyover impacts),Recommendation#6 (Participant Education), and Recommendation#7(Flight over BCER),refer to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER.Refer also to Master Response D for a discussion of the additional biological monitoring efforts,beyond those already conducted for the 2023 Airshow, that will be conducted for future Airshows to further ensure that impacts to sensitive species would be avoided or reduced. With respect to proposed Mitigation Measure#8,there is no potentially significant impact for which mitigation is required. Response to Comment 3-16 As noted in Chapter 2,Project Description,on pages 2-6 and 2-7,of the Draft EIR, "Future Airshows are anticipated to be held annually for three(3)days to up to five(5)days,generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow.The Draft EIR acknowledges flight rehearsals leading up to the Airshow. The Pacific Airshow Huntington Beach Project 3-77 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 3-17 Section 3.2,Biological Resources,pages 3.2-40 and 3.2-41 of the Draft EIR fully addresses potential bird strike impacts,saying,in part: Above ground,flights associated with the Airshow could result in bird strikes.According to a 2006 study, the majority of bird strikes(74 percent) occur within 500 feet above ground level(Dolbeer 2006).In addition, the FAA reported that 70 percent of bird strikes from 1990 to 2022 occurred at 500 feet above ground level(FAA 2023). The majority of the flights planned for the Airshow are expected to fly 500 to 1,000 feet above MSL and would only occur during the Airshow hours (historically between 10:00 AM and 5:00 PM)and at nighttime, when bird activity is lower. Response to Comment 3-18 Refer to Master Response D for a discussion of the biological monitoring efforts,beyond those already conducted for the 2023 Airshow,that will be conducted for future Airshows to further ensure that impacts to sensitive species would be avoided or reduced. Response to Comment 3-19 The Project's MMRP includes all identified mitigation measures,as required by CEQA, and also voluntarily includes certain Project Description features to demonstrate enforceability. Response to Comment 3-20 Refer to Master Response D for a discussion of the biological monitoring efforts,beyond those already conducted for the 2023 Airshow,that will be conducted for future Airshows to further ensure that impacts to sensitive species would be avoided or reduced. Response to Comment 3-21 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR.However,any appropriate environmental filing fees will be submitted upon filing of the Notice of Determination by the City of Huntington Beach. Response to Comment 3-22 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 3-23 Refer to Response to Comments 3-11,3-13,3-14, and 3-15 for a discussion of proposed Recommendations#1 through#4 and suggested mitigation measures#1 through#8. The Pacific Airshow Huntington Beach Project 3-78 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 4 CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM,GOVERNOR California Department of Transportation .•:':. DISTRICT 12 (4;11 1750 East 4'r Street,Suite 100 I SANTA ANA,CA 92705 thifran � (657) 328-6000 I FAX (657) 328-6522 TTY 711 httas://dot.ca gov/caltrans-near-me/district-12 March 27, 2025 Mr. Connor Hyland File: LDR/CEQA City of Huntington Beach SCH#2024020006 2000 Main Street LDR LOG #2024-02750 Huntington Beach, CA 90860 SR-1 Dear Mr. Hyland, Thank you for including the California Department of Transportation (Caltrans) in the review of the Draft Environmental Impact Report for the Pacific Airshow Huntington Beach Project. The underlying purpose of the Project is to provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area (and perhaps beyond) and features civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter landing/runway displays comprised of temporary acrylonitrile butadiene styrene (ABS) foundation (stadium flooring) rubber tracks, or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and aerial competitions and drone shows, and displays of other emerging 4-1 aviation/mobility technology, and visitor-serving entertainment, services, and amenities (e.g. Variety of viewing areas, vehicle and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music entertainment, wave pool surf competitions, skateboard and bicycle motocross (BMX) bowl competitions, sandcastle building competitions, art installations, and pyrotechnic shows). The approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway (State Route 1 or SR- 1 ) to Beach Boulevard (State Route 39 or SR-39) and Pacific Coast Highway to the Pacific Ocean including a portion of the Huntington Beach Pier landward. _ The mission of Caltrans is Improving lives and communities through transportation. 4-2 Caltrans is a responsible agency on this project and has the following comments: 1 . Continue to coordinate with neighboring jurisdictions that may be impacted - with increases of vehicles along PCH and surrounding streets. Consider implementing temporary transit services such as shuttles and/or microtransit 4 3 services to reduce VMT and potential impacts to air quality. "Improving lives and communities through transportation." Mr. Connor Hyland March 27, 2025 Page 2 2. Coordinate with the appropriate transit operators to encourage the use of rail services and consider the first and last mile connection by providing temporary 4-4 transit services directly to the event. - 3. For any lane closures, traffic control sign placement, or activities occurring within State Right of Way, please submit an encroachment permit application package (EPAP) to the D12 Permit's Inbox at D12.Permits@dot.ca.gov as early as possible to avoid delays. EPAP should include application, PE signed and stamped site-specific traffic control plan, insurance, letter of authorizations as needed, and any other relevant documents. Traffic control plan should include any necessary detour plans and increased crossing guards for pedestrian crossings. If there is a proposed full lane closure of Pacific Coast Highway, liability 4-5 insurance will be required, and this section would then be considered part of the event site, which requires increased police presence for crowd management. It should be noted that sidewalk vendors and alcohol consumption are not allowed with State Right of Way. Per submitted DEIR, flight activities are to be done outside of State Right of Way. If there are any changes and flight activities are proposed within State R/W, City shall comply with all requirements of Encroachment Permit Manual Section 516.9 Unmanned Aircraft Systems (UAS) and Caltrans UAS Handbook. Please continue to coordinate with Caltrans for any future developments that could potentially impact State transportation facilities. If you have any questions, 4-6 please do not hesitate to contact Maryam Molavi, at Maryam.Molavi@dot.ca.gov. Sincerely, Scott Shelley202517:05 PDT: Scott Shelley Branch Chief- Local Development Review/Climate Change/Transit Grants District 12 "Improving lives and communities through transportation." PacificAir Show- HB- DEIR #2024-02750 .Cmnt. Ltr. MM Final Audit Report 2025-03-28 Created: 2025-03-28 By: Maryam Molavi(s111882@dot.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAAE9D10M_Mlhs5mhr7_revgXwGVo2oYjNE "PacificAir Show- HB- DEIR #2024-02750 .Cmnt.Ltr.MM" History Document created by Maryam Molavi (s111882@dot.ca.gov) 2025-03-28-0:01:43 AM GMT-IP address: 149.136.33.246 Document emailed to Scott Shelley (s129812@dot.ca.gov) for signature 2025-03-28-0:02:02 AM GMT n Email viewed by Scott Shelley (s129812@dot.ca.gov) 2025-03-28-0:05:11 AM GMT-IP address: 149.136.33.246 tie Document e-signed by Scott Shelley (s129812@dot.ca.gov) £ Signature Date:2025-03-28-0:05:38 AM GMT-Time Source:server-IP address: 149.136.33.246 Agreement completed. 2025-03-28-0:05:38 AM GMT :„. Powered by e - Adobe Acrobat Sign Chapter 3.Responses to Comments Comment Letter 4: California Department of Transportation Response to Comment 4-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft. EIR. Response to Comment 4-2 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 4-3 The Applicant and City will continue to coordinate as applicable with neighboring jurisdictions that may be impacted with increases of vehicles along Pacific Coast Highway and surrounding. streets.At this time,the Applicant and City are not considering implementing temporary transit services such as shuttles and/or microtransit. The Airshow typically utilizes approximately 500 parking spaces for production and staging of equipment beginning with the first day of setup and the last day of tear down.The use of parking is far less than other major events of this size and scale.Due to the vast availability of parking within the City of Huntington Beach and Huntington State Beach,including approximately 6,200 parking spaces in the immediate Project vicinity,this use of parking(approximately 8 percent of total available public access parking)has not had a significant impact on access and is not anticipated to have any future impacts.In addition,patrons arriving by vehicle are permitted to park within the Huntington Beach public parking areas, where the Applicant coordinates with the City to reserve parking spaces dedicated to Airshow attendees. All other details regarding parking will be governed by a future agreement between the City and the Applicant - Response to Comment 4-4 Rail services within the Project Area do not exist.The primary vehicular travel corridors to access the Show Center Area are from Interstate 405 (I-405)to either Beach Boulevard,Magnolia Street, Brookhurst Street,or Goldenwest Street; State Route 55 (SR-55)to Pacific Coast Highway; or Seal Beach Boulevard to Pacific Coast Highway.Also,refer to Response to Comment 4-3. Response to Comment 4-5 • Based on previous Airshows,temporary changes to vehicular ingress and egress of the Airshow area are anticipated to result from the following restrictions: establishment of a staging area for emergency response personnel between the 200-300 block of southbound Pt Street; installation of staging equipment for the Airshow on Main Street between Walnut Avenue and Pacific Coast Highway; and temporary use of an auxiliary lane to facilitate exiting vehicles from the public parking lots on southbound Pacific Coast Highway approximately 300 feet before the intersection at Beach Boulevard.Future Airshows do not propose substantial or permanent changes to the existing circulation elements, or temporary road closures,which would affect transit vehicles, The Pacific Airshow Huntington Beach Project 3-82 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments automobiles,bicycles, or pedestrians beyond what has occurred for historic Airshows.For potential traffic control sign placement or activities occurring within the State right-of-way,the Applicant will submit an encroachment permit application package. Response to Comment 4-6 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. • The Pacific Airshow Huntington Beach Project 3-83 ESA/202300046.01 Final Environmental Impact Report August 2025 �� SEA('B E- 'IlgeoC PA rc:71 %-cr D Vfi '.3W. �ltNTV`Cam CITY HALL 211 ITCH H STREET* SEAL BEACH CALIFORNIA 90740 (562)431--2527•www.sea1beachca.goy Comment Letter 5 By USPS & Electronic Mail March 28, 2025 Connor Hyland, Deputy City Attorney City of Huntington Beach 2000 Main Street, 4th Floor Huntington Beach, CA 92648 Re: EQCB Comments for the Draft Environmental Impact Report (DEIR) for the Pacific Airshow Huntington Beach Project (SCH#2024020006) Dear Mr. Hyland: The City of Seal Beach Environmental Quality Control Board (EQCB) convened on Wednesday, March 19, 2025, at 6:15 p.m. to review and discuss the DEIR for the Pacific Airshow Huntington Beach Project(Project). During this EQCB meeting, public comments were offered and the EQCB 5-1 examined the contents of the DEIR. At the meeting, the Board members expressed enthusiasm and support for continuing the Huntington Beach Airshow. Below please find a series of comments from the EQCB, seeking clarification on the topics as described. These comments represent the input of the EQCB as agreed to by a motion of the Board, and are not representative of the City Council nor community at large. _ • Unclear Project Description: Project description should include a better-defined Project area, including flight paths, what will be involved in the flights, what is landing on the 5-2 beach, and more information on the itinerary of events for each individual day. Please clarify the definition of pyrotechnics. • Noise Impacts: Please clarify noise impacts, especially as they relate to noise impacts in the evening up to 11:00 p.m. in relation to flights. What are the mitigations for night noise 5-3 impacts for flights and what are proposed mitigations for flight noise? • Extension of the Event: Please clarify impacts related to the extension of the event to five days, as it impacts people during the work and school week with Wednesday and Thursday proposed to be included. Please consider how expanding the event creates 5-4 additional environmental impacts such as within Bolsa Chica as well as other biological impacts of concern. Also, consider impacts to pets during that extended time period. • Bolsa Chica: Consider the impacts and mitigation to Bolsa Chica. 15-5 • Alternative: Reconsider "Alternative 2" as it meets most of the objectives and continues 15-6 the airshow in how it has been conducted within recent years. 1 • Biological Monitoring: If there are going to be take-offs and landings from the beach,T5-7 there should be a biological monitor to help mitigate potential bird strikes. 1 • Streamer Mitigation: Please assess the impacts and provide mitigation for use of T5-8 streamers. 1 City of Seal Beach Pacific Airshow Huntington Beach Project March 28, 2025 Thank you for the opportunity to provide comments on the DEIR for the City of Huntington Beach's consideration. For reference, the entire EQCB discussion may be viewed at 5-9 https://www.youtube.comiwatch?v=T5RZJiFW4R1. Sincerely, The Seal Beach Environmental Quality Control Board Cc: Chair and Board Members of the Seal Beach EQCB Mayor and Councilmembers of the City of Seal Beach Patrick Gallegos, Interim City Manager Iris Lee, Public Works Director Alexa Smittle, Community Development Director Chapter 3.Responses to Comments Comment Letter 5: City of Seal Beach Response to Comment 5-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 5-2 As described in the Chapter 2,Project Description, Section 2.1,Project Location,page 2-1,of the Draft EIR,the Airshow Performance Area,the primary area for civilian and military aircraft flybys and aerial acrobatics,is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet.A majority of the civilian and military aircraft flybys and aerial acrobatics occur within approximately 500 and 1,500 feet from the shoreline.However,many of the aircraft maneuvers,particularly for the military,spill out into the TFR airspace controlled by the Airshow. The TFR, as issued by the FAA for the Airshow, is a five nautical mile(NM)ring centered on the center of the Airshow's aerobatic box.The restricted airspace within the ring extends from the surface to 15,000 feet above MSL.Neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON, and prior training related to highly choreographed Airshow sequences by military display teams.While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups,all decisions made during a flight sequence, including the flight paths and altitudes, are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Also described in Chapter 2,Project Description,page 2-8, of the Draft EIR,helicopter and smaller civilian aircraft will be landing on a helicopter and aircraft landing/runway display (approximately 4,500-foot-long by 40-foot-wide)on a temporary landing surface to be generally located within an open area on the beach directly in front of the Main Hospitality Area(Area D) during the hours of the Airshow. As described in Chapter 2,Project Description,page 2-9,of the Draft EIR,pyrotechnic daily shows could be discharged from either aircraft or discharged from the Huntington Beach Pier or an ocean barge during the days and hours of the Airshow. Further,pyrotechnic nightly shows could be discharged from either aircraft(nighttime flyovers)or discharged from the Huntington Beach Pier or an ocean barge concluding by 11:00 PM each evening of the Airshow.Fireworks and pyrotechnics are addressed in Appendix B,Initial Study(see Section XIII,Noise,pages 3-44 and 3-45). As discussed in Chapter 2,Project Description,page 2-9,of the Draft EIR,from prior years, typically each day the Airshow begins around 10:00 AM with the MV-22 Osprey streamer drop, The Pacific Airshow Huntington Beach Project 3-86 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments then the Orange County Fire Authority(OCFA)water drop,followed by the Australian Anthem, Canadian Anthem,and the United States Anthem, and then followed by the U.S.Navy Leap Frog Parachute Team with American Flag banner tow.The official start of the Airshow is immediately after,at approximately 10:30 AM,when the below-mentioned Airshow civilian and military performers display aircraft flybys and aerial acrobatics in designated time slots with the final performer being the U.S.Air Force Thunderbirds or the U.S.Navy Blue Angels concluding by 5:00 PM.Aircraft flight familiarization and flight practice flyovers could potentially occur as early as 9:00 AM on Airshow event days. The Airshow performer schedule and the Airshow performers are subject to change each year for the Airshow. Response to Comment 5-3 Aircraft operations during future Airshows may temporarily exceed established noise limits, including during nighttime hours,as authorized by a Noise Deviation Permit issued specifically for the event.This permit grants approval for temporary deviations from standard noise regulations to enable Airshow activities. Future events may feature nighttime demonstrations by advanced F-series fighter jets such as the F-15,F-18, and F-35. Data collected during the 2023 Airshow indicates that noise levels could surpass the City's standard noise thresholds by as much as 50 decibels (dB).However,these elevated noise levels are expected to be brief and not sustained over long periods. To mitigate the impact of nighttime aircraft noise on the surrounding community, event organizers have integrated several noise-reduction strategies into the Airshow's planning. These include recommending aircraft adhere to predetermined flight paths that are carefully designed to avoid residential areas whenever possible and keeping aircraft operations over water to the greatest extent feasible,reducing noise exposure for inland areas further from the coast. However, neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams. . While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups, all decisions made during a flight sequence, including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 5-4 Pages 2-6 and 2-7, as well as page 3.1-20, of the Draft EIR,disclose that prior Airshows have been held annually in the City for 3 days with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow and that the future Airshows associated with the Project are anticipated to be held annually for 3 days to up to 5 days, generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight The Pacific Airshow Huntington Beach Project 3-87 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments familiarization and flight practice flyovers also beginning as early as Monday of the week of the Airshow. Thus,both the prior Airshows and future Airshows under the Project include aircraft flight activity as early as Monday of the week of the Airshow. The noise significance thresholds are based on equivalent(typically hourly)and daily noise metrics. The Draft EIR provides an appropriate level of noise analysis and disclosure that is required by CEQA. Refer to Response to Comment 1-3 and 2-15 for a discussion on impacts related to the BCER and Master Response D for a discussion on biological monitoring. Response to Comment 5-5 As discussed in Chapter 2,Project Description, Section 2.6.4 Airport Origin,Airshow Flight Paths, and Airshow Performance Duration,page 2-10,the Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER.When overflights of the BCER cannot be avoided,the Applicant will request that that overflights occur at 1,000 feet AGL or higher.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude).The determination of flight paths and altitude are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams. Many commenters have requested the avoidance of flights over the BCER and that any overflight of the BCER occur at an altitude of 1,000 feet AGL or higher.As stated above, all pre-flight briefings will include these exact requests made to all participating pilots.While it is the desire of the Applicant to avoid incursions over the BCER, it is important to note that neither the Applicant nor the City possess authority to restrict such activities. While the Applicant can influence the sequence and timing of each performer's displays in the overall Airshow lineups,all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. As such,biological monitoring will be conducted each year as part of the Project,at least one day prior to the pre-Airshow activities as well as during the operation of the Airshow to determine whether Airshow activity is impacting bird behavior and that no Airshow-related debris drifts into the sensitive ecological areas. Impacts to the BCER are also discussed in Section 3.2,Biological Resources,under 3.2.5.1 Special-Status Species,pages 3.2-39 through 3.2-41,and was determined to not significantly contribute to impacts to special-status birds, including nesting areas,due to the existing conditions of numerous daily flights by commercial and private aircraft and helicopter activity from which flights regularly operate over the BCER. The Pacific Airshow Huntington Beach Project 3-88 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Refer to Response to Comment 1-3 and 2-15 for a discussion on impacts related to the BCER, Master Response A for a discussion on how flights are determined,and Master Response D for a discussion on biological monitoring. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 5-6 As described in Chapter 4,Alternatives,page 4-10,the 2023 Airshow Alternative(Alternative 2) would result in the fewest environmental impacts as compared to the Project and is considered the Environmentally Superior Alternative.However,this alternative would not meet all of the Project Objectives.Furthermore,the 2023 Airshow Alternative would reduce the opportunity to gather since fewer events would be held over fewer days. The 2023 Airshow Alternative would not meet the following Project objectives in their entirety or to the extent the Project would: • Continue to provide a family-oriented, safe, educational,fun,and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture.elements. • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations, displays,food, and music. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer,and event sponsors. • Increase in tax revenues(i.e., sales tax and transit occupancy tax)to the City. • Continue to provide temporary and full-time jobs associated with the Airshow. Since the 2023 Airshow Alternative would not include a music festival,helicopter and aircraft runway/display,skateboard/BMX competition,pyrotechnic shows, sandcastle building competition,and beach camping, among other activities/features,fewer family-oriented events would be offered.With fewer activities,it is anticipated that the positive economic impact,the potential tax revenues,and the number of employees needed to staff the Airshow would each potentially be reduced. In addition,without offering the events promoting the beach community, including beach camping and sandcastle building among others,there would be a reduced positive impact to the promotion of the Huntington Beach Pier and beaches. Response to Comment 5-7 Biological monitoring is being implemented during take-offs and landings under Mitigation Measure HAZ-2 in Section 3.3,Hazards and Hazardous Materials,page 3.3-12,of the Draft EIR. Also,refer to Master Response D for a discussion on biological monitoring. Response to Comment 5-8 Refer to Response to Comment 2-19. The Pacific Airshow Huntington Beach Project 3-89 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 5-9 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. The Pacific Airshow Huntington Beach Project 3-90 ESA/202300046.01 Final Environmental Impact Report August 2025 Bolsa Chica Educate . RestoreComment. InspireLetter 6 Conservancy Dear Mr.Hyland: The Bolsa Chica Conservancy(BCC)is a non-profit organization whose mission is to provide services that inspire and connect all generations through community involvement and leadership in hands-on 6-1 restoration and education in wetland science,watersheds,coastal ecology,and environmental sustainability.These efforts are focused on the Bolsa Chica Ecological Reserve(BCER),the largest coastal wetland in the Huntington Beach area and a gem of our state,region and city. We have read the NOP for the Pacific Airshow Huntington Beach,although we do not object to the airshow and the benefit to our community we submit the following comments. _ (1) We are concerned that the noise and vibrations associated with aircraft flying at low elevations over BCER could harm the wildlife species that are so iconic and important to the wetland 6-2 ecosystem and the surrounding community.BCER is located north of the"Project Area"shown in the NOP yet it has experienced impacts in the past with significant noise impact on wildlife. (2) The NOP acknowledges the need for an EIR to examine impacts but does not appear to include areas that are not immediately adjacent to the project area.Thus,the EIR as proposed would not 6-3 include impacts to BCER. (3) We would like to see additional discussion of mitigation measures,including avoiding the nesting season at BCER avoiding flights at low elevations over BCER,that prioritize minimizing noise and vibration in BCER during the Pacific Airshow. The US Fish and Wildlife Service as well as 6-4 CA Department of Fish and Wildlife can provide many resources about such mitigation mechanisms that align with Federal Aviation Administration guidelines. Thus,we feel the potential impacts to the Bolsa Chica Ecological Reserve should be considered in the EIR with mitigation measures spelled out to avoid them. The Bolsa Chica Conservancy supports the 6-5 expertise of the regulatory agencies,landowners,and managers to determine what is best for the reserve. Sincerely, Bob Hoxsie Board Chair,Bolsa Chica Conservancy IIIIIPIIIIIIII 714-846-1 1 14 • info@bolsachica.org 3842 Warner Ave. www.bolsachica.org Huntington Beach, CA 92649 Tax ID: 33-0392527 Chapter 3.Responses to Comments Comment Letter 6: Bolsa Chica Conservancy Response to Comment 6-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 6-2 The comment noted that the BCER has experienced impacts in the past regarding significant noise impacts on wildlife,but no documentation or specific examples were provided.Impacts related to the Airshow activities are not anticipated to result in insignificant indirect effects to BCER or marine wildlife. Studies have demonstrated that while noise levels may increase during the Airshow,the affected areas are relatively small and unlikely to disrupt local or regional wildlife movement.Refer to Appendix D,Biological Resources Technical Report. Additionally,biological monitoring and surveys have been conducted prior to and during the 2023 Airshow to identify potential impacts on bird behavior and to ensure no Airshow-related debris affects BCER or other sensitive ecological areas.Refer to Appendix D,Biological Resources Technical Report. Refer to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER.Also refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 6-3 The Project area examines impacts along the proposed flight path and a 500-foot buffer to encompass potential changes based on weather conditions,flight traffic, and other safety factors considered by air traffic controllers which includes portions of the BCER.Biological monitoring and surveys have been conducted prior to and during the 2023 Airshow to identify potential impacts on bird behavior and to ensure no Airshow-related debris affects BCER or other sensitive ecological areas refer to Appendix D,Biological Resources Technical Report.Therefore,the Draft EIR addresses impacts to BCER regarding biological resources and noise. Response to Comment 6-4 For a discussion on nesting season,refer to Master Response C.For a discussion on mitigation, refer to Response to Comment 2-15. As discussed in Chapter 2,Project Description, Section 2.6.4 Airport Origin,Airshow Flight Paths, and Airshow Performance Duration,page 2-10,the Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER. When overflights of the BCER cannot be avoided,the Applicant will request that overflights occur at 1,000 feet AGL or higher.However,neither the Applicant The Pacific Airshow Huntington Beach Project 3-92 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams.Many commenters have requested the avoidance of flights over the BCER and that any overflight of the BCER occur at an altitude of 1,000 feet AGL or higher.As stated above, all pre-flight briefings will include these exact requests made to all participating pilots. While it is the desire of the Applicant to avoid incursions over the BCER, it is important to note that neither the Applicant nor the City possesses authority to restrict such activities. While the Applicant can influence the sequence and timing of each performer's displays in the overall Airshow lineups, all decisions made during a flight sequence, including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Because pilots could be instructed by the ATC to fly over the BCER,preactivity surveys and biological monitoring will be conducted each year as part of the Project for one day prior to the start any pre-airshow activities(i.e.,aircraft flight familiarization and flight practice flyovers)and for every day of pre-airshow activities and Airshow activities to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas. Aircraft noise impacts related to the Airshow activities, including fighter jets performance maneuvers,are not anticipated to result in significant indirect effects to BCER or marine wildlife. Studies have demonstrated that while noise levels may increase during the Airshow,the affected areas are relatively small and unlikely to disrupt local or regional wildlife movement.Refer to Appendix D,Biological Resources Technical Report. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 6-5 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. The Pacific Airshow Huntington Beach Project 3-93 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 7 P.O. Box 1563 AMIGOS Huntington Beach, CA 92647 '� de 714-840-1575 BO LSA C H I CA info@amigosdebolsachica.org www.amigosdebolsachica.org March 31, 2025 City of Huntington Beach Department of Community Development Attn: Connor Hyland,Senior Deputy City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 Via email: connor.hyland@surfcity-hb.org Re: Response to Draft Environmental Impact Report for the Pacific Airshow Huntington Beach Project, SCH#2024020006 Dear City of Huntington Beach: Amigos de Bolsa Chica is a long-standing organization based in Huntington Beach dedicated to the 7-1 protection of the Bolsa Chica Ecological Reserve (BCER). We have reviewed the Draft Environmental Impact Report for the Pacific Airshow Huntington Beach Project. Here are our comments: The EIR creates an arbitrary zone termed the Area of Biological Consideration and analyzes biological impacts of the airshow within this arbitrary area only.The boundaries of this area are such as to exclude most of the area of the BCER, despite the clear potential for impacts outside 7-2 of the narrow zone of consideration. The EIR needs to be revised to consider impacts on a much greater geographic area and, at a minimum,the entirety of the BCER. The EIR considers impacts of aircraft overflight during the actual airshow event only, typically three days in duration.The airshow aircraft practices for days in advance of the event and 7-3 practice overflights impact wildlife. The EIR needs to consider the full period in which impacts can occur. The airshow typically occurs during the autumn of the year.The impacts of airshow overflights would have significantly more damaging impacts on wildlife if the airshow were to be held during the avian breeding season (roughly March to September). The EIR needs to include a 7-4 mitigation measure that explicitly precludes the breeding season from the range of dates within which the airshow may be held. The EIR needs to include a mitigation measure that explicitly prohibits aircraft from flights over I7-5 the BCER. City of Huntington Beach Department of Community Development April 1, 2025 Page 2 The draft EIR states that surveys and biological monitoring will be conducted as part of the Project,at least one day prior to the Airshow and during the operation of the Airshow to confirm if Airshow activity 7-6 is impacting bird behavior.The EIR must describe the required monitoring protocols. In its analysis of the potential noise impacts on birds, a study conducted in Alaska is cited as evidence of minimal impact.The draft EIR assumes that the Alaska experience and the impact on birds at BCER will be similar, without considering the significant differences in the bird 7-7 populations in the two locations. The EIR should address the impact potential noise may have on the birds present at the BCER. The project described in the Draft EIR contemplates that the airshow will continue to be held annually for the next ten years. During that period, environmental conditions and knowledge 7_8 will change.The EIR should contemplate a requirement for project review on a regular basis so that mitigation measures can be modified or added to meet future impacts. Sincerely, Mevin L. Nutter President Amigos de Bolsa Chica Chapter 3.Responses to Comments Comment Letter 7: Amigos de Bolsa Chica Response to Comment 7-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 7-2 The Project area examines impacts along the proposed flight paths and a 500-foot buffer to encompass potential changes based on weather conditions,flight traffic,and other safety factors considered by air traffic controllers which includes portions of the BCER.As discussed in Chapter 2,Project Description, Section 2.6.4 Airport Origin,Airshow Flight Paths,and Airshow Performance Duration,page 2-10,the Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER.When overflights of the BCER cannot be avoided,the Applicant will request that that overflights occur at 1,000 feet AGL or higher.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams.Many commenters have requested the avoidance of flights over the BCER and that any overflight of the BCER occur at an altitude of 1,000 feet AGL or higher.As stated above,all pre-flight briefings will include these exact requests made to all participating pilots. While it is the desire of the Applicant to avoid incursions over the BCER, it is important to note that neither the Applicant nor the City possesses authority to restrict such activities. While the Applicant can influence the sequence and timing of each performer's displays in the overall Airshow lineups, all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Studies have demonstrated that while noise levels may increase during the airshow,the affected areas are relatively small and unlikely to disrupt local or regional wildlife movement due to the existing conditions of numerous daily flights by commercial and private aircraft and helicopter activity from which flights regularly operate over the BCER.Refer to Appendix D,Biological Resources Technical Report. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 7-3 The Draft EIR does consider the potential of the Airshow to extend up to five(5) days.Pages 2-6 and 2-7,of the Draft EIR, discloses that prior Airshows have been held annually in the City for 3 days with aircraft flight familiarization and flight practice flyovers beginning as early as Monday The Pacific Airshow Huntington Beach Project 3-96 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments of the week of the Airshow and that the future Airshows associated with the Project are anticipated to be held annually for 3 days to up to 5 days,generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers also beginning as early as Monday of the week of the Airshow. Thus,both the prior Airshows and future Airshows under the Project include aircraft flight activity as early as Monday of the week of the Airshow. Response to Comment 7-4 For a discussion on nesting season,refer to Master Response C.For a discussion on biological monitoring,refer to Master Response D. Response to Comment 7-5 As discussed in Chapter 2,Project Description, Section 2.6.4 Airport Origin,Airshow Flight Paths, and Airshow Performance Duration,page 2-10,the Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER. When overflights of the BCER cannot be avoided,the Applicant will request that that overflights occur at 1,000 feet AGL or higher.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams.Many commenters have requested the avoidance of flights over the BCER and that any overflight of the BCER occur at an altitude of 1,000 feet AGL or higher.As stated above, all pre-flight briefings will include these exact requests made to all participating pilots.While it is the desire of the Applicant to avoid incursions over the BCER, it is important to note that neither the Applicant nor the City possesses authority to restrict such activities. While the Applicant can influence the sequence and timing of each performer's displays in the overall Airshow lineups, all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. However,because pilots could be instructed by the ATC to fly over the BCER,preactivity surveys and biological monitoring will be conducted each year as part of the Project for one day prior to the start of any pre-Airshow activities(i.e.,aircraft flight familiarization and flight practice flyovers)and for every day of pre-airshow activities and Airshow activities to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER.For a discussion of mitigation,refer to Response to Comment 2-15. The Pacific AIrshow Huntington Beach Project 3-97 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 7-6 For a discussion on biological monitoring,refer to Master Response D. Response to Comment 7-7 The Air Force Civil Engineer Center(2019)reference was to examine the noise impacts from operations of similar aircraft and Airshow location.The paper does not address a comparison of avian species at each site but only the noise levels and how they are consistent with the proposed Airshow. Marine birds were mentioned because they react to in-air noise generally 10 dB higher, but the current Airshow indicates that the in-water noise would not be appreciably modified as there is not enough acoustic energy present at ground level. Therefore,no measurable affect will occur on marine species(including marine birds)or resources relative to increased noise as a result of increased jet fighter flight activity. Response to Comment 7-8 The Draft EIR has prepared an environmental analysis for the Airshow that would include an event program for the continuation of the Airshow for up to ten(10)additional years beginning from year 2024 through 2034 as permitted by the City's Specific Event Permit Process. For each year of the Airshow,the Applicant will prepare, submit, and seek approval of the City's Specific Event Permit Application.No additional review is necessary. The Pacific Airshow Huntington Beach Project 3-98 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 8 COASTAL - CORRIDOR , L L I A N C E 4/7/25 City of Huntington Beach Office of the City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 Attn : Connor Hyland, Senior Deputy City Attorney Subject: Coastal Corridor Alliance Comments on the Draft Environmental Impact Report (EIR) for the Pacific Airshow Huntington Beach Project. Mr. Hyland, The Banning Ranch Conservancy (BRC) led the decades-long effort to protect and create a permanent public open space on the 400-acre Banning Ranch property. In December 2022, escrow closed on a conservation transaction, permanently protecting 387 acres of Banning 8-1 Ranch. The $97 million real estate deal was negotiated and completed by The Trust for Public Land and made possible by an extremely generous private donation from Frank and Joan Randall. The title of the property was immediately transferred to the Mountains Recreation and Conservation Authority, a local Joint Powers Authority (JPA) that manages over 75,000 acres of parkland in Southern California. The property is now known as the Frank and Joan Randall Preserve (Randall Preserve). — In January 2024, BRC became the Coastal Corridor Alliance (CCA), with a new mission, "To protect biodiversity, foster community stewardship, and advocate for appropriate human access on the Randall Preserve and Santa Ana River Coastal Corridor."The change in name and mission 8-2 reflects our organization's transformation into a stewardship role and indicates we have expanded our vision beyond Randall Preserve to include the properties of the Coastal Corridor from the Pacific Ocean up the Santa Ana River to Adams St. in Costa Mesa. This would also V P.O. Box 15333 Newport Beach, CA 92659 (949) 216-0880 CoastalCorridor.org include the Bolsa Chica mesa and wetlands and the Huntington Beach Wetlands Conservancy 8-2 wetlands. (cont.) The CCA respectfully submits comments on the Pacific Airshow Huntington Beach Project. These comments have been prepared by biological consultant Robb Hamilton and are in a separate attached letter. We believe that these same comments by Robb Hamilton were submitted during the Notice of Preparation phase of the review last year (hence the date 4/4/24). Yet, 8-3 there is no mention of Robb Hamilton's comments in the current dEIR. Therefore, Robb Hamilton's comments are being resubmitted for the City's responses. Sincerely, c0—)—(vzv 6)/1)&2611 Terry Welsh, M.D. President, Coastal Corridor Alliance P.O. Box 15333 Newport Beach, CA 92659 (949) 216-0880 CoastalCorridor.org Chapter 3.Responses to Comments Comment Letter 8: Coastal Corridor Alliance Response to Comment 8-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 8-2 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 8-3 In the Hamilton Biological comment letter dated March 4,2024(included in this Response to Comments document under Comment Letter 11),the commentor notes"On behalf of the Coastal Corridor Alliance,I provided these comments on a Notice of Preparation prepared by the City of Huntington Beach(the City)for the proposed Pacific Airshow Huntington Beach project(the proposed project)."Accordingly,this Responses to Comments document responds to comments that were specifically raised in the Draft EIR,not the Notice of Preparation.Please refer to Draft EIR,dated February 2025.For the evaluation of potential effects in nearby natural areas and the evaluation of potential effects of nocturnal activities,please refer to Section 3.2,Biological Resources,in the Draft EIR.Also,please refer to Master Response C regarding nesting season and Response to Comment 2-15 regarding biological monitoring.No further response is required. The Pacific Airshow Huntington Beach Project 3-101 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 9 COSTA MESA FIRST woriz.i.wg fora L%vabi.t ctt5 April 7,2025 VIA EMAIL ONLY—connor.hyland(&,surfcity-hb.org Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney 2000 Main Street, Fourth Floor Huntington Beach, California 92648 Re: Pacific Airshow Huntington Beach Project; SCH No. 2024020006 Dear Mr. Hyland: We appreciate the opportunity to provide comments to the City of Huntington Beach's Draft Environmental Impact Report("DEIR")for the Pacific Airshow Huntington Beach Project ("Project")to be located in Huntington Beach, California. Please note that Costa Mesa First sent a letter to you on March 4, 2024, in response to the Notice 9-1 of Preparation("NOP") for the Project. Our letter, along with the letters from Fairview Park Alliance, and Hamilton Biological on behalf of Coastal Corridor Alliance,were omitted from Appendix A of the DEIR and many of the requested topics to be contained in the DEIR were not covered in that document. Our letter, along with the letters from Fairview Park Alliance and Hamilton Biological are attached hereto as Attachments"A,""B,"and"C,"respectively. Because of these omissions,the DEIR is deficient in many areas and requires revision. We are requesting that(1)our letter be included in the DEIR, (2)that the topics requested to be covered by the DEIR be analyzed and included in a revised document,and(3)the comment period be 9_2 extended for interested parties to provide comments on the new information in the revised DEIR. We also request notification of the availability of any future documents associated with the Project. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(a�gmail.com costamesal st.com (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7,2025 Page 2 The boundaries of the Show Center Area(as defined by the outline on Figure 2-1 of the DEIR)from northwest to southeast are Seventh Street and Pacific Coast Highway to Beach Boulevard and from Pacific Coast Highway to the Pacific Ocean,including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line.We note that for purposes of a biological resources technical analysis,a broader biological study area("BSA")was definedl,which includes the Show Center Area where primary on-the-ground events and activities of the project event ("Airshow")takes place,but also extends beyond that area to reflect the potential impacts associated with civilian and military aircraft flybys and aerial acrobatics. The BSA does not,however,extend to Fairview Park,Talbert Regional Park or the Frank and Joan Randall Preserve(identified on all maps and depictions as"Banning Ranch,"its former name). The DEIR indicates that the Airshow Performance Area(as defined by the outline on Figure 2-3 of the DEIR),the primary area for civilian and military aircraft flybys and aerial acrobatics,would be located next to the Show Center Area and would extend over the Pacific Ocean with an east-west length of approximately 3,000 ft. from the shoreline and a north-south length of approximately 12,000 ft.A majority of the civilian and military aircraft flybys and aerial acrobatics would occur within approximately 500 ft. and 1,500 ft. from the shoreline. The Airshow Performance Area,or the 9-3 aerobatic box,is identified by an unspecified number of large marker buoys placed in the ocean to identify this area. However,many of the aircraft maneuvers,particularly for the military,would spill out into the temporary flight restriction("TFR")airspace controlled by the Airshow.The TFR,as issued by the Federal Aviation Administration for the Project,would be a five nautical mile ring centered on the center of the Airshow's acrobatic box. The restricted airspace within the ring extends from the surface to 15,000 ft. above mean sea level. The Show Center Area and Airshow Performance Area collectively comprise the project site("Project Site"). The Airshow historically has been held annually in the Fall in the City for three (3)consecutive days(Friday through Sunday),with additional days of aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The approximate times the TFR is in effect during the week of the Airshow are typically Tuesday from 12:45 p.m. to 2:30 p.m.,Friday from 9:30 a.m. to 5:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m., and Sunday from 10:00 a.m. to 5:00 p.m. The hours of historic Airshow flights typically occurred between 10:00 a.m. and 5:00 p.m.; however, other Airshow-related activities have extended to as late as 10:00 p.m. Since 2021,nighttime flyovers have occurred in connection with the music festival that is part of the Airshow. V Appendix D,Figure 2. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(gmail.com costamesal st.corn (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7,2025 Page 3 The Project expands future Airshow events in that they are anticipated to be held annually for A three(3)days to up to five (5)days, generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The DEIR lists new Airshow activities that are anticipated to 9-3 be added in 2024 that would likely extend the operation time to as late as 11:00 p.m. The DEIR (cont.) indicates the expanded Airshow would continue for an additional ten(10)years beginning in 2024. We are submitting the following comments for consideration by the City of Huntington Beach — ("City"). The DEIR is deficient because it either fails to analyze,provide accurate analysis,or delays analysis of significant environmental impacts,making it impossible for the residents of impacted areas such as Huntington Beach,Newport Beach, Costa Mesa and other Orange County cities to understand and meaningfully consider the issues raised by the Project and any attempts by the City to mitigate significant environmental impacts associated with the Project.Additional 9_4 accurate environmental review of the Project is required under CEQA. Further,we have serious concerns about the limited notice area preventing public input. The engagement of the residents of Newport Beach and Costa Mesa has been minimal, so much so that the requirement under CEQA to inform the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage has largely been unmet. — 1. Project Alternative. The DEIR identifies the No Project Alternative as the environmentally preferred alternative, as it would avoid or reduce most of the potential impacts associated with operation of the Project. We understand that this does not meet the objectives of the Project,but the goals of the Project conflict 9-5 with the City's fiduciary duty to protect the public and environment.No alternative site was listed in the DEIR. Given the impacts of the Project,we urge the City to pursue the No Alternative Project and work with the Airshow promoter to locate a better environmentally preferred location for the Airshow. Alternatively,the City needs to scale back the Project to avoid as many of the environmental impacts as possible. — 2. DEIR does not disclose that Project will violate the Public Trust Doctrine and impact — Environmental Justice. The Project is of regional significance as it will impact not only Huntington Beach,but surrounding cities,many with disadvantaged communities. As noted above,the Show Center Area 9-6 consists of the beach and the Huntington Beach Pier landward of the State Lands Commission mean high tide line,along with parking lots, commercial/restaurant uses,bicycle and walking trails along Pacific Coast Highway. It is an area with public access and recreational use that cannot be denied to the public during the Airshow and is subject to the Public Trust Doctrine. Environmental V Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(a�gmail.com costamesal st.com (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7,2025 Page 4 Justice is the"fair treatment and meaningful involvement of people of all races, cultures,and A incomes with respect to the development,adoption, implementation, and enforcement of environmental laws,regulations, and policies."(Government Code § 65040.12). The Airshow 9-6 denies the public access to these public areas for the duration of the event,therefore violating laws (cont.) of Environmental Justice. 3. The DEIR concludes that the Project would have significant and unavoidable impacts to — air quality. The DEIR concludes that the Project would have significant and unavoidable impacts to air quality. For 2024,the DEIR lists calculated that the Project's daily operational air emissions of nitrogen oxides, carbon monoxide, and volatile organic compounds would drastically exceed the 9 applicable CEQA significance thresholds in an air basin already in nonattainment for ozone standards and fine particulate matter standards.2 We note that these are calculations and that, despite expanded operation of the Airshow in 2024,no actual study data was provided for the 2024 Airshow. _ While the Airshow is temporary,the queuing of traffic to enter the event backs up onto Pacific Coast Highway. In addition,there is a queue of traffic to exit S-55 to Victoria Street in Costa 9-8 Mesa. Those traffic problems have the potential to cause gridlock that could result in temporary CO2 hotspots that may have an impact when combined with traffic on nonevent days. 4. The DEIR concludes that the Project would have significant and unavoidable impacts on ' an adopted emergency evacuation plan. The DEIR concludes that the Project could impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. "[I]t is clear that the addition of a significant number of people to the City on a typical Airshow day will result in longer 9.9 evacuation times for those already in the area(residents and employees in particular).3 The DEW is deficient because it only analyzed the impact of the Project on Huntington Beach's emergency response plan or emergency evacuation plan. However, vehicles travelling to and from the Airshow use roadways and freeways in Costa Mesa and Newport Beach,causing traffic backup on those roadways and freeways,therefore,the impacts on the emergency response plans or emergency evacuation plans of those cities as well. _ 2 Appendix C of DEIR. 3 Page 3-34(Section 3.3)of DEIR. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesa1 st(gmail.com costamesal st.com (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7,2025 Page 5 5. The DEIR concludes that the Project will result in significant noise impacts. The DEIR concludes that the Project will result in a significant impact if it generates excessive groundborne vibration or groundborne noise levels. It also concludes that the Project would result in a significant impact if it would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies.4 In addition,the DEIR states"[t]he noise levels from aircraft flyovers during the 2023 Airshow exceeded the maximum noise level criteria outlined in Table 3.4-3. L.exceedances ranged from 1.3 dB to 50.1 dB over the various aircraft performances.Noise levels from aircraft flyovers for 9-10 the duration of the Airshow would generate a substantial temporary increase in ambient noise levels and thus result in a significant impact."However,the City's Municipal Code includes provisions for approval of a Noise Deviation Permit to allow the Airshow promoter to be exempt from its ordinance. Of the six locations that were monitored for noise during the 2023 Airshow,none of the noise measurement areas are within the city boundaries of Newport Beach or Costa Mesa,despite those cities being located within the TFR. Therefore,the DEIR does not take into consideration noise standards for those jurisdictions. We note that despite expanded operation of the Airshow in 2024, no actual study data was provided for the 2024 Airshow. 6. Wildlife surveys must be done prior to Project approval; City has not analyzed the whole of Project. Under CEQA, the City must analyze the Project's impacts,which include"the whole of an action, which has a potential for resulting in either a direct physical change in the environment,or a reasonable foreseeable indirect physical change in the environment." Please refer to CEQA 9-11 Guideline Section 15378;Banning Ranch Conservancy v. City of Newport Beach (2012)211 Cal.App.4th 1209, 1220. This standard is consistent with the principle that"environmental considerations do not become submerged by chopping a large project into many little ones—each with a minimal potential impact on the environment—which cumulatively may have disastrous consequences." Laurel Heights Improvement Assn. v. Regents of University of California(1988) 47 Cal3d 376, 396. — The DEIR states"[t]The geographic area for evaluating the Project's cumulative impacts for biological resources is the Show Center Area and the Bolsa Chica Ecological Reserve(BCER). 9-12 The Project analysis concludes that there would be a potential for impacts to special-status species 4 Page 3.4-21(Section 3.4.6.1)of DEIR. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal stc gmail.com costamesal st.com (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7,2025 Page 6 and wildlife movement corridors. Although no suitable habitat for special-status species occurs A within the Show Center Area, and no impacts to special-status species within the Show Center Area would occur,there is a low potential for special-status species within the BCER to be impacted."5 However,the DEIR does not provide any studies to support this claim. As noted above,the Project includes the TFR airspace ring of five nautical miles for maneuvers by the Airshow aircraft.These flyovers are beyond the Airshow acrobatic box and will have significant impacts on wildlife preserves and natural open space under the TFR airspace, including the Frank and Joan Randall Preserve,Fairview Park and Talbert Regional Park. The DEIR does not provide any information about the potential impacts to protected and endangered species in the Frank and Joan Randall Preserve, Fairview Park, and Talbert Regional Park. Fairview Park, like most of Costa Mesa, sits on a blufftop overlooking the lowlands of Huntington Beach. Because it is nearly 100 feet above sea level,the noise and vibration from jets 9-12 travelling in the TFR over Fairview Park is more intense than the area in Huntington Beach below (cont.) it. Bird displacement in Fairview Park has been observed during the past Airshows. The DEIR does not analyze the Project's foreseeable indirect impacts. The BSA needs to be expanded to include the Frank and Joan Randall Preserve,Fairview Park, and Talbert Regional Park due to the environmentally sensitive habitat and species that exist in those parks, and the fact that aircraft participating in the Airshow fly over those parks. Surveys of the Frank and Joan Randall Preserve, Fairview Park,and Talbert Regional Park must be done as part of the DEIR and include all pertinent seasons, including migration season. By cutting short the environmental analysis prior to approval of the Project,the City violates CEQA and makes new, accurate analysis of the Project necessary after approval. It is impermissible to delay studies and offer some vague suggestion of mitigation measures, such as suggestions to alter flight patterns', that might occur at some date after the approval the Project. In addition, a comment letter from the U.S. Department of Fish and Wildlife must be solicited. 7. The DEIR fails to appropriately analyze and disclose all significant environmental impacts. 9-13 The purpose of CEQA is to ensure that a lead agency fully evaluates, discloses, and,whenever feasible,mitigates a project's significant environmental effects.?An EIR serves as an "informational document"that informs the public and decisionmakers of the significant V 5 Page 3.7-8(Section 3.7.1.2)of DEIR. 61bid. 7 Public Resources Code,§21000-21002.1. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(a�gmail.com costamesal st.com (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7,2025 Page 7 environmental effects of a project and ways in which those effects can be minimized.8 A Accordingly, an EIR must clearly set forth all significant effects of a project on the environment.9 9_13 In this case,the DEIR fails to properly analyze and/or disclose the significant air quality,noise, (cont.) and transportation impacts of the Project. As noted above, it also does not include several scoping letters that were sent to the City in response to the NOP. _ A. Air Quality. As stated above,the DEIR concludes that the Project would have significant — and unavoidable impacts to air quality. The DEIR states"potential impacts related to conflict with or obstruction of air quality plans,exposing sensitive receptors to substantial pollutant concentrations, and resulting in other emissions (such as those leading to odors) adversely affecting a substantial number of people were found to have a less than significant impact and are not addressed further in this Draft EIR."However,the DEIR does not include impacts on sensitive receptors found in the Frank and Joan Randall 9-14 Preserve, Fairview Park, and Talbert Regional Park because no air quality study was performed in those locations,despite their proximity to the Project and despite being located within the TFR. Further, the flight patterns and study areas depicted in the Biological Resources Technical Report10 are inaccurate in that they do not reflect the entire and actual flight paths used during practice flyovers and Airshow performances in prior years. In addition, flight patterns for the 2024 Airshow have not been provided. _ B. Noise. As stated above,the DEW concludes that the Project will result in a significant impact if it generates excessive groundborne vibration or groundborne noise levels. It also concludes that the Project would result in a significant impact if it would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. It is important to note that no noise study has ever been completed outside of the 9-15 boundaries of the City. The Project Site is not near public schools,but the flights associated with the Airshow are over sensitive noise receptors and land uses, such as public/private schools and places of worship, and the noise and vibration from military aircraft interrupts the quiet that should be enjoyed by those under the flight paths. The DEW is deficient in that it does not contain noise and vibration studies for areas outside of the City boundaries that are impacted by the noise and vibration originating from the Airshow. Noise associated with amplified sound, crowd noise and aircraft used in the Airshow could disrupt and displace wildlife, including protected and endangered species,in the Frank and Joan v 8 CEQA Guidelines,§ 15121,subdivision(a). 9 Public Resources Code,§21100,subdivision(b)(1);CEQA Guidelines,§ 15126.2,subdivision(a). 10 Figures 4a-4p of Appendix D of DEIR. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesa1st@gmail.com costamesal st.com (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7, 2025 Page 8 Randall Preserve, Fairview Park and Talbert Regional Park, all of which are located within 9-15 the TFR. (cant.) C. Transportation. The DEIR states ". . . during the 2023 Airshow,there was a clear increase in inbound traffic volumes in the morning and outbound traffic volumes in the evening relative to a comparable Non-Airshow day. The magnitude of change was most noticeable in a concentrated 2-hour period,with a peak direction(AM inbound,PM outbound)of up to 15%on Friday and approximately 30%to 40%on Saturday/Sunday."11 9-16 However,this data only relates to streets in the City and fails to include traffic data from Newport Beach and Costa Mesa,which also experience traffic impacts. In addition,the DEIR must disclose the proposed routes for construction traffic associated with the Project, and any alternative routes, so that the impacts of construction traffic and the effects on other environmental resources can be evaluated by agencies and members of the public. — D. DEIR is deficient because it is missing information. Please refer to the attached scoping — letters from this organization,Fairview Park Alliance and Hamilton Biological that were sent to you before the deadline stated in the NOP(collectively, the"Letters"). The Letters list information that was requested to be included in the DEIR. We request(1)that the City 9-1 7 revise the DEIR to include all the Letters in Appendix A to the DEIR, (2)that the topics requested in the Letters to be covered by the DEIR be analyzed and included in a revised document, and(3)the comment period be extended for interested parties to provide comments on the new information in the revised DEIR. — Any additional information and analyses included as a result of revising the DEIR should include all feasible mitigation measures considered in association with impacts. 9-18 1'Page 3.5-8(Section 3.5.1.1)of DEIR. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(a�gmail.com costamesal st.com (714) 549-5884 Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of City Attorney April 7,2025 Page 9 8. Conclusion. CEQA promotes public health and thoughtful governance by requiring evaluation,public disclosure, and mitigation of a project's significant adverse environmental impacts before that project's approval. We urge the City to include the information requested above in the DEIR,that 9-19 the report be recirculated for comment, and additional meetings with the public be held so as to conform with CEQA. Alternatively,we request that the City reject further consideration of the Project for the site of the Airshow and work with the promoter to determine a less impactful location. _ Thank you for your attention. Please feel free to contact us should you have any questions. Very truly yours, Nit C --t = Richard J.Huffman Treasurer dffk."' /1-"-71.44‘.(3 Cynthia McDonald Assistant Treasurer cc: State of California, State Clearing House California Assembly Member Cottie Petrie-Norris County of Orange Supervisor Katrina Foley City of Costa Mesa—Mayor,City Council and City Manager City of Newport Beach—City Council and City Manager Costa Mesa First's mission is to educate Costa Mesans about planning policies in Costa Mesa so they make knowledgeable choices when voting.We encourage residents to choose walkable,bikeable,and inclusive neighborhoods,and the land use and transportation policies and investments needed to make Costa Mesa flourish.Our primary objective is to require Costa Mesa's leaders to put the residents of Costa Mesa first. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(gmail.com costamesal st.corn (714) 549-5884 Attachment A 9_20 Letter dated March 4, 2024, to City from Costa Mesa First V A COSTA MESA FIRST worizi.wg -fora LLvabfLe city March 4, 2024 VIA EMAIL—connor.hyland@surfcity-hb.org Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney 2000 Main Street,Fourth Floor Huntington Beach, CA 92648 Re: Pacific Airshow Huntington Beach Project 9_20 (cont.) Dear Mr. Hyland: Thank you for the opportunity to provide comments on the preparation of an Environmental Impact Report for the proposed expansion of the Pacific Airshow Huntington Beach Project(the "Project")to be located in Huntington Beach, California. The approximate boundaries of the Show Center Area(as defined by the outline on Figure 2 of the Notice of Preparation("NOP")) from northwest to southeast would be Seventh Street and Pacific Coast Highway to Beach Boulevard and from Pacific Coast Highway to the Pacific Ocean, including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line. The NOP indicates that the Airshow Performance Area(as defined by the outline on Figure 3 of the NOP),the primary area for civilian and military aircraft flybys and aerial acrobatics,would be located next to the Show Center Area and would extend over the Pacific Ocean with an east-west length of approximately 3,000 ft. from the shoreline and a north-south length of approximately 12,000 ft. A majority of the civilian and military aircraft flybys and aerial acrobatics would occur within approximately 500 ft. and 1,500 ft. from the shoreline. The Airshow Performance Area,or the aerobatic box, is identified by 16 buoys placed in the ocean that identify this area. However,many of the aircraft maneuvers,particularly for the military,would spill out into the temporary flight restriction("TFR") airspace controlled by the Airshow. The TFR, as issued by the Federal Aviation Administration for the Project, would be a five nautical mile ring centered on the center of the Airshow's aerobatic box. The Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(c�gmail.corn costamesal st.com (714) 549-5884 V A Connor Hyland, Senior Deputy City Attorney City of Huntington Beach March 4, 2024 Page 2 restricted airspace within the ring extends from the surface to 15,000 ft. above mean sea level. The Show Center Area and Airshow Performance Area collectively comprise the project site ("Project Site"). However,the NOP indicates that, for the purposes of the technical analysis within the draft Environmental Impact Report("EIR"), a broader study area may be defined that extends beyond the Project Site to reflect the potential impacts associated with civilian and military aircraft flybys and aerial acrobatics traveling to/from the Airshow Performance Area. The Project Site is approximately 8,700 ft. from the Frank and Joanne Randall Preserve(which is across the Santa River from the Huntington Beach Wetlands), 10,000 ft. from Talbert Regional Park, and 11,500 ft. from Fairview Park,all of which are nature parks in or adjacent to Newport Beach or Costa Mesa that contain environmentally sensitive species and habitat areas. In addition, all of these areas are within the TFR. We are submitting the following comments for consideration by the City of Huntington Beach(the"City") as it prepares the EIR: 1. The Project Site. As noted above,the Show Center Area consists of the beach and the 9-20 Huntington Beach Pier landward of the State Lands Commission mean high tide line, (cont.) along with parking lots, commercial/restaurant uses,bicycle and walking trails along Pacific Coast Highway. This is an area with public access and recreational use that cannot be denied to the public during the Project event("Airshow),as it is subject to the Public Trust Doctrine. 2. Airshow Expansion. The Airshow historically has been held annually in the Fall in the City for three(3) consecutive days(Friday through Sunday),with additional days of aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The approximate times the TFR is in effect during the week of the Airshow are typically Tuesday from 12:45 p.m. to 2:30 p.m.,Friday from 9:30 a.m. to 5:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m., and Sunday from 10:00 a.m. to 5:00 p.m. The hours of historic Airshow flights typically occurred between 10:00 a.m. and 5:00 p.m.; however, other Airshow-related activities have extended to as late as 10:00 p.m. Since 2021,nighttime flyovers have occurred in connection with the music festival that is part of the Airshow. Future Airshow events are anticipated to be held annually for three(3)days to up to five (5)days,generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The NOP and Initial Study have lists of new Airshow activities that are anticipated to be added in 2024 that would likely extend the operation time to as late as 11:00 p.m. The NOP indicates the expanded Airshow would continue for an additional ten(10)years beginning in 2024. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st cni gmail.com costamesal st.com (714) 549-5884 V A Connor Hyland, Senior Deputy City Attorney City of Huntington Beach March 4,2024 Page 3 The expansion of the Project may have a substantial, or potentially substantial, adverse change to the physical conditions within the area affected by the Project, including but not limited to land,air,water,minerals,flora,fauna,ambient noise, objects of historic or aesthetic significance, and social or economic change is related to a physical change. The EIR must address these changes and provide mitigation measures to be taken to alleviate the impact of the changes to the physical conditions within the area affected by the Project. 3. Public Access and Parking. The Airshow is a regional destination designed to require that spectators and concert attendees travel mostly by motor vehicle,therefore impacting surrounding cities with traffic. The primary vehicular travel corridors to access the Show Center Area are from I-405 to either Beach Boulevard,Magnolia Street, Brookhurst Street, or Goldenwest Street; SR-55 to Victoria Street in Costa Mesa to Pacific Coast Highway; or Seal Beach Boulevard to Pacific Coast Highway. While changes to vehicular ingress and egress in the Airshow area are temporary,there are also impacts to traffic in adjacent cities, such as Costa Mesa and Newport Beach. Because this is a repeated event,traffic impact fees must be paid to surrounding cities cumulatively impacted by the Project event. 9-20 Further,the increased traffic will affect emergency response times in the event of a (cont.) widespread disaster, or riot similar to the surf contest riots that required assistance from police departments from nearby cities to quell. In 2023 and prior years,the operator of the Airshow constructed a sizeable private bleacher seating in the Show Center Area,resulting in denial to members of the public (i)to access the beach, (ii)the ability to cross the shoreline and access state tidelands seaward of the bleacher seating,and(iii)to access to the entirety of the Huntington Beach pier. In addition, access to the beach parking lots was denied to those not attending the event. Access to these areas was for the exclusive private use of ticket purchasers throughout the duration of the event.' 4. Noise and Vibration Levels. While the City's Noise Ordinance allows noise from temporary events to be exempt from the provisions of the Ordinance, it is important to note that no noise study has ever been completed outside of the boundaries of the City. The Project site is not near public schools,but the flights associated with the Airshow are oversensitive noise receptors and land uses, such as public/private schools and places of worship, and the noise and vibration from military aircraft interrupts the quiet that should be enjoyed by those under the flight paths. The EIR must contain noise and vibration studies extended outside of the City boundaries to those areas impacted by the noise and ' Source:Letter dated February 21,2024,from California Coastal Commission to the City and the Air Show operator. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal stgmail.com costamesal st.com (714) 549-5884 V A Connor Hyland, Senior Deputy City Attorney City of Huntington Beach March 4,2024 Page 4 vibration originating from the Airshow. As discussed in more detail in Item 6 below,the noise associated with amplified sound,crowd noise and aircraft used in the Airshow could disrupt and displace wildlife. 5. Air Quality. While the Airshow is temporary, the queuing of traffic to enter the event backs up onto Pacific Coast Highway. In addition,there is a queue of traffic to exit S-55 to Victoria Street in Costa Mesa. Those traffic problems have the potential to cause gridlock that could result in a temporary CO2 hotspot that may have an impact when combined with traffic on nonevent days. In addition,the unpermitted privatization of public land by the Airshow has resulted in extra vehicular miles being travelled by the public to access the areas adjacent to the Show Center Area and increased pollution associated therewith. There will be the impact of the additional flights arriving and departing from the airports used to stage the flights. The fuel combusted by aircraft engines emits carbon dioxide, water vapor,nitrogen oxides,carbon monoxide, and soot.Nitrogen oxides emitted by aircraft contribute to climate change and are a pollutant in the lower atmosphere,but also destroy the stratospheric ozone layer at high altitudes. 9-20 As stated in the Initial Study,the Project may expose sensitive receptors to substantial (cont.) pollutant concentrations due to its proximity to the Bolsa Chica Ecological Reserve,the Huntington Beach Wetlands,the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern, western snowy plover, California gnatcatcher, Ridgway's rail and Belding's savannah sparrow. The Frank and Joanne Randall Preserve, Fairview Park and Talbert Regional Park also have sensitive receptors that may be exposed to pollutant receptors and must be included in any air quality study performed in connection with the EIR. 6. Impacts on Biological Resources. As noted above,the proposed Project is near the Frank and Joanne Randall Preserve, Talbert Regional Park and Fairview Park, all of which contain environmentally sensitive species and habitat as documented by multiple studies, some of which can be found at https://www.costamesaca.gov/community/fairview-parldbiological-reports. The Airshow occurs during migration season for many birds. The Frank and Joanne Randall Preserve, Talbert Regional Park, Fairview Park,the Bolsa Chica Ecological Reserve,the Huntington Beach Wetlands, and the Magnolia Marsh have all been used by migratory birds and local wildlife as a wildlife corridor. Surveys of the surrounding areas for wildlife and ecologically sensitive habitat must be conducted and reports provided. The linkages or migration corridors between habitat areas must be preserved. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(gmail.com costamesal st.com (714) 549-5884 v A Connor Hyland, Senior Deputy City Attorney City of Huntington Beach March 4, 2024 Page 5 During the 2023 airshow,repeated low flyovers by the Airshow jet aircraft caused disruptions in normal behavior patterns of many bird species, including feeding and sheltering at the Bolsa Chica Ecological Reserve. The repeated low flyovers harassed the bird populations and caused them to take flight each time the airplanes flew over. This action is considered a"take"and is in violation of California Code of Regulations, title 14, section 251.1. Additionally,under sections 550, 630 (18), and 632 (121),(122) of title 14,no aircraft operations are permitted in a reserve, and low flyovers are in violation. The sound pollution and overhead flights pose a threat to birds and other wildlife. The areas noted above are critical stopovers along the Pacific Flyway for hundreds of migratory bird species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 §§ 703-712). These also include threatened and endangered species which are protected under the Federal Endangered Species Act of 1973 (16 U.S.0 §§ 1531-1544), and the California Endangered Species Act of 1970(Fish &G. Code, Ch. 1.5, §§ 2050-2115.5).2 The Airshow may temporarily impact movement of native resident or migratory fish or wildlife species within the Project site because of noise,vibration and waste from combusted fuel associated with civilian and military aircraft flybys and aerial acrobatics, increased visitation by humans,amplified concert noise,nighttime light or glare, and the 9-20 associated traffic and trash accumulation along the beaches. This increased presence (cont.) could disrupt local movement and displace wildlife within the Project site and the other environmentally sensitive areas noted above. In addition, "bird strikes"by aircraft need to be evaluated both in terms of safety to birds and to aircraft and spectators. In addition, any aircraft accident in areas with environmentally sensitive species and habitat could cause ecological and human health and safety damage. As such,the impacts in these regards would be potentially significant and must be further evaluated in the EIR. The EIR should evaluate how the Project accomplishes or fails to implement the environmental goals, objectives, and policies of the Huntington Beach General Plan. 7. The City Must Comprehensively Evaluate the Proiect's Environmental Impacts and Consider All Feasible Measures to Mitigate Potentially Significant Impacts. The purpose of CEQA is to ensure that a project's lead agency fully evaluates, discloses, and mitigates(where feasible) significant environmental effects. An environmental impact report serves as the informational document that informs the public and decisionmakers of the significant environmental effects of a project and the ways in which those effects may be minimized. Projects of this type typically involve significant environmental impacts, so the EIR must contain sufficient detail for the residents of Huntington Beach 2 Source:Letter dated February 20,2024,from California State Lands Commission to the City and the Airshow operator. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesa 1 st(&gmail.com costamesa1 st.com (714) 549-5884 v Connor Hyland, Senior Deputy City Attorney A City of Huntington Beach March 4, 2024 Page 6 and adjacent cities to understand and meaningfully consider the issues raised by the Project. This includes the following: • Criteria for locating the Project at the Project Site • List other sites considered • Describe any anticipated substantial change to natural topography or other ground surface relief features through landform alteration • Provide depictions of any blockage of public views from designated open space land areas,roads,or to any significant visual landmarks or scenic vistas that would result from the Project • Provide details of plans to provide access to the public to beach parking,the pier, state waters and tidelands during the Airshow • Describe any economic and social equity benefit programs, including programs to hire local residents for the Project • Provide an analysis of the increase in vehicle trips and vehicle miles traveled as a result of the Project compared to the prior and existing Airshows that have occurred each year since 2016, excepting 2020;this analysis should include the impacts on the City and surrounding cities 9-20 • Identify and provide details of any proposed program to mitigate traffic impacts, (cont.) including the unnecessary idling and queuing of vehicles,both in the City and surrounding cities • Identify programs for mitigating greenhouse gases, including the use of zero- emissions technology,van pools, carpool incentives,bike share,no idling policy, etc. • Describe any programs for mitigation of aircraft fuel and diesel particulate matter generated by the Project • Provide details of any program requiring all stand-by emergency generators be powered by a non-diesel fuel • Identify and provide details of any proposed alternative flight plans and alternative dates for the Airshow • Provide an analysis of the impacts on air quality, water pollution,noise, and vibration levels created by additional flights arriving and departing from the airports used to stage flights • Provide an evaluation of"bird strikes"by aircraft both in terms of safety to birds and to aircraft and spectators. • Provide the location and description of any temporary transit and ride share stops, traffic control or traffic safety measures that will be required or provided as part of the Project Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(c�gmail.com costamesal st.com (714) 549-5884 v Connor Hyland, Senior Deputy City Attorney A City of Huntington Beach March 4, 2024 Page 7 • Identify and describe in detail any emergency response plan that will be implemented in the event of a widespread disaster, or other event that requires assistance from police departments from nearby cities • Describe any significant environmental impact due to a conflict with any land use plan,policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect • List the cultural/tribal cultural resources that will be considered and any required mitigation • Identify and address in detail the biological resources that will be considered/impacted as identified by a variety of sources,including but not limited to,the California Department of Fish and Game's California Natural Diversity Database,the California Native Plant Society's Electronic Inventory, the U.S. Fish and Wildlife Service's list of Federal Endangered and Threatened Species,the federal Migratory Bird Treaty Act, local habitat conservation plans or policies, as well a variety of other environmental resources, and any proposed mitigation programs • Provide copies of any wildlife and habitat survey reports done in connection with the Project and the surrounding area 9-20 • Describe any irreversible and irretrievable commitment of resources,including (cont.) the adoption, amendment, or enactment of a plan,policy, or ordinance of a public agency that would impact nonrenewable resources and the associated impacts that this consumption could have on future generations • Identify special consideration and mitigation techniques used for the Project • Identify(1) any hazardous materials,hazardous substances or waste material that currently exist on the Project Site,and(2) any hazardous materials which will be stored and/or used on the Project Site or in the construction of the Project and plans for containment of hazardous materials in the event of a spill or other accident • Provide details of how the Project,either upon completion or during construction, will meet or fail to meet existing water quality standards or waste discharge requirements, or otherwise substantially degrade surface water quality, impact the chemical balance of seawater,or conflict with a water quality control plan • Describe if the Project will generate a substantial increase in ambient noise and vibration levels in the vicinity of the Project in excess of standards established in the Huntington Beach General Plan or noise ordinances, or applicable standards of other agencies or result in generation of excessive vibration or noise levels in the vicinity of the Project, including the flights over adjacent cities • Provide nighttime light or glare, and noise impact analyses for all sensitive receptors impacted by the Project Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal st(a�gmail.com costamesal st.com (714) 549-5884 v A Connor Hyland, Senior Deputy City Attorney City of Huntington Beach March 4,2024 Page 8 • Describe mitigation plans, such as the installation of light and noise barriers, placing Project entry and exit points from the Project away from sensitive receptors, and the orientation of public address systems away from sensitive receptors • Provide details of any construction of new or expansion of existing utilities that could cause significant environmental effects,generate solid waste in excess of state or local standards or in excess of the capacity of local infrastructure, or result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities 8. Conclusion. When executed well, a CEQA analysis promotes sustainable development and builds trust with the public. The EIR for this Project gives the City an opportunity to serve the residents of Huntington Beach and adjacent cities by transparently evaluating, disclosing,and mitigating the environmental impacts of this Project. To serve the community,we ask that the City comprehensively identify and evaluate all the impacts of the Project,particularly those affecting the many nearby sensitive receptors. CEQA entitles the public to full disclosure and mitigation of the environmental impacts of the Project prior to its approval. Thank you for your attention. Please feel free to contact us should you have any questions. 9-20 (cont.) Very truly yours, -A4 N Richard J. Huffrnan Treasurer 49414" Cynthia McDonald Assistant Treasurer cc: Cities of Costa Mesa and Newport Beach Coastal Corridor Alliance Fairview Park Alliance Costa Mesa First's mission is to educate Costa Mesans about planning policies in Costa Mesa so they make knowledgeable choices when voting.We encourage residents to choose walkable,bikeable,and inclusive neighborhoods,and the land use and transportation policies and investments needed to make Costa Mesa flourish. Our primary objective is to require Costa Mesa's leaders to put the residents of Costa Mesa first. Costa Mesa First (FPPC 1332564), P.O. Box 2282, Costa Mesa, CA 92628 costamesal stgmail.com costamesal st.com (714) 549-5884 Attachment B 9-21 Letter dated March 4, 2024,to City from Fairview Park Alliance V A March 4, 2024 %� VIA EMAIL—connor.hyland n surfcity-hb.org Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney > o 2000 Main Street,Fourth Floor Huntington Beach,CA 92648 Re: Pacific Airshow Huntington Beach Project A 501(c)(3) non-profit corporation Dear Mr. Hyland, Tax ID 82-2238446 Fairview Park Alliance(FPA)is a nonprofit corporation in Costa Mesa dedicated to restoring,protecting, and preserving Fairview Park in Costa Mesa (2525 Placentia Ave.) for all generations in perpetuity. Fairview Park is 208 Board: acres with 5 distinct habitats and home to endangered and threatened plants and wildlife. Autumn is migration season for many birds and many birds Kim Hendricks depend on Fairview Park for food and rest. The Pacific Airshow has had a President negative impact on Fairview Park due to the high decibels of noise, air traffic, Priscilla Rocco and air quality. Treasurer 9-21 FPA appreciates the opportunity to comment on the preparation of an Jason Komala (cont.) At large board member Environmental Impact Report(EIR) for the proposed expansion of the Pacific Airshow Huntington Beach Project(the "Project")to be located in Huntington Beach, California. The Show Center Area and the Airshow Performance Area collectively comprise the project site("Project Site"). However the Notice of Mailing Address: Preparation(NOP)indicates for the purpose of a technical analysis within the draft EIR, a broader study area may be defined that extends beyond the Project FPA Site to reflect the potential impacts associated with civilian and military aircraft P.O. Box 2471 flybys and aerial acrobatics traveling to/from the Airshow Performance Area. Costa Mesa, CA 92628-2471 The City of Huntington Beach is required to follow California Environmental Quality Act(CEQA)and the EIR must contain noise and vibration studies extended outside of the City boundaries to those areas impacted by the noise E-Mail Address: and vibration originating from the Airshow, like Fairview Park, Talbert Regional Park, and Randall Preserve. info@FairviewParkAlliance.org The EIR must also contain surveys of the surrounding areas, like Fairview Park, Talbert Regional Park, and Randall Preserve for wildlife and ecologically sensitive habitat and reports must be provided. The migration corridors Website: between habitat areas must be preserved. www.FairviewParkAlliance.org Fairview Park,Talbert Regional Park, and Randall Preserve have sensitive receptors that may be exposed to pollutant receptors and must be included in the air quality study performed in connection with the EIR. V A FPA would like to see a thorough EIR that allows the residents of Huntington Beach and surrounding cities to understand the impacts on their community. 9-21 Thank you, (cont.) Kim Hendricks Fairview Park Alliance -President 2 Attachment C 9-22 Letter dated March 4,2024,to City from Hamilton Biological V ---"44441111Nell. A HAMILTON BIOLOGICAL March 4,2024 Mr. Connor Hyland,Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney 2000 Main Street,Fourth Floor Huntington Beach, CA 92648 SUBJECT: COMMENTS ON THE NOTICE OF PREPARATION PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT Dear Mr. Hyland, On behalf of the Coastal Corridor Alliance, I provide these comments on a Notice of Preparation prepared by the City of Huntington Beach (the City) for the proposed Pa- cific Airshow Huntington Beach project (the proposed project). EIR MUST EVALUATE POTENTIAL EFFECTS IN NEARBY NATURAL AREAS 9-22 (cont.) Although the performance area for the airshow is limited to the largely developed area between Beach Boulevard and Seventh Street in Huntington Beach, the effects of in- creased air traffic and noise will extend up and down the coast,potentially affecting nearby sensitive habitat areas. To the south,near the mouth of the Santa Ana River,is a dedicated nesting area for the California Least Tern, and the Huntington Beach Wet- lands, occupied by another listed species,Belding's Savannah Sparrow. A short distance inland from the mouth of the Santa Ana River lies the ecologically sensitive Randall Preserve,which supports numerous listed and otherwise"special-status" species,in- cluding Belding's Savannah Sparrow, California Gnatcatcher,Least Bell's Vireo, and po- tentially Burrowing Owls. To the north of the performance area lies the Bolsa Chica Eco- logical Preserve,which supports a large tern nesting colony,Belding's Savannah Spar- rows,Western Snowy Plovers, and other sensitive resources. The project biologists should carefully evaluate the project's potential adverse effects to bird populations in these important natural areas. In particular, the EIR should cite rele- vant,current research on the effects of aircraft operations and aircraft noise upon nest- ing birds. The EIR must evaluate all potential adverse project effects to nesting birds, and it would be appropriate for the City to provide for biological monitoring of the tern colonies at the Santa Ana River mouth and at Bolsa Chica to improve understanding of the extent to which airshow activities do or do not affect colonial nesting birds in the nearby area. If potentially significant impacts are identified that cannot be avoided, compensatory mitigation must be provided. 316 Monrovia Avenue./ Long Beach,CA 90803 562-477-2181 robb@hamiltonbiological.com V NOP Comments, Pacific Airshow Huntington Beach Hamilton Biological, Inc. A March 4,2024 Page 2 of 2 EIR MUST EVALUATE POTENTIAL EFFECTS OF NOCTURNAL ACTIVITIES The EIR must also evaluate the potential effects of nocturnal project activities ("Airshow performer private party and live music entertainment with nighttime flyovers by desig- nated aircraft including parachute jumps onto the beach occurring during the evening hours of the of the music festival"). These activities are proposed to occur as late as 11:00 p.m., which could disrupt nesting of California Least Terns or other birds in natu- ral areas near the performance area. For example, if nighttime flyovers startle terns off their nests, this could lead to increased predation of the nests or even abandonment of nests. The EIR must evaluate all such potential adverse project effects, and it would be appropriate for the City to provide for biological monitoring of the tern colonies at the Santa Ana River mouth and at Bolsa Chica to improve understanding of the extent to which nocturnal airshow activities do or do not affect colonial nesting birds in the nearby area. If potentially significant impacts are identified that cannot be avoided, compensatory mitigation must be provided. 9-22 CONCLUSION (con t.) (cont.) On behalf of the Coastal Corridor Alliance, thank you for the opportunity to provide these comments on the NOP for the proposed airshow project. Sincerely, Robert A. Hamilton, President Hamilton Biological, Inc. 316 Monrovia Avenue Long Beach, CA 90803 562-477-2181 robb@hamiltonbiological.com cc: Terry Welsh, President, Coastal Corridor Alliance Melanie Schlotterbeck, Stewardship Consultant, Coastal Corridor Alliance Chapter 3.Responses to Comments Comment Letter 9: Costa Mesa First Response to Comment 9-1 In the Costa Mesa First comment letter,dated March 4,2024(herein referred to as Attachment A),the commentor notes"Thank you for the opportunity to provide comments on the preparation of an Environmental Impact Report for the proposed expansion of the Pacific Airshow Huntington Beach Project(the"Project"to be located in Huntington Beach,California." Accordingly,this Responses to Comments document responds to those Notice of Preparation comments that were specifically raised in the Costa Mesa First Draft EIR comment letter. In the Fairview Park Alliance comment letter dated March 4,2024(herein referred to as Attachment B and included in this Response to Comments during under Comment Letter 10),the commentor notes that"FPA appreciates the opportunity to comment on the preparation of an Environmental Impact Report(EIR)for the proposed expansion of the Pacific Airshow Huntington Beach Project(the"Project"to be located in Huntington Beach,California."Accordingly,this Response to Comments document responds to comments that were specifically raised in the Draft EIR,not the Notice of Preparation.Please refer to the Draft EIR,dated February 2025.Refer to Response to Comment 9-10 regarding noise and vibration studies beyond the City boundaries. Refer to Response to Comment 9-14 regarding why no additional air quality analyses are required for the Frank and Joan Randall Preserve,Fairview Park,and Talbert Regional Park. In the Hamilton Biological comment letter dated March 4,2024(herein referred to as Attachment C and included in this Response to Comments document under Comment Letter 11),the commentor notes"On behalf of the Coastal Corridor Alliance,I provided these comments on a Notice of Preparation prepared by the City of Huntington Beach(the City)for the proposed Pacific Airshow Huntington Beach project(the proposed project)."Accordingly,this Responses to Comments document responds to comments that were specifically raised in the Draft EIR,not the Notice of Preparation.Please refer to Draft EIR,dated February 2025.For the evaluation of potential effects in nearby natural areas and the evaluation of potential effects of nocturnal activities,please refer to Section 3.2,Biological Resources,in the Draft EIR.Also,please refer to Master Response C regarding nesting season and Response to Comment 2-15 regarding biological monitoring. Response to Comment 9-2 The letter dated April 7,2025,prepared by Costa Mesa First,is included in the Project record and is responded to here under Comment Letter 9.All comments will be appropriately responded to by the City herein Chapter 3,Responses to Comments,within the Final EIR for the Pacific Airshow Huntington Beach Project.In some instances,in response to the comment,the City has made additions or deletions to the text of the Draft EIR and included in Chapter 4, Corrections and Additions. The revisions do not significantly alter the conclusions in the Draft EIR. Therefore,the Draft EIR is not required for recirculation per CEQA Guidelines Section 15088.5. The City will notify Costa Mesa First regarding the availability of any applicable future documents associated with the Project. The Pacific Airshow Huntington Beach Project 3-126 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 9-3 This comment summarizes the Project Description and is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issuenor addresses the contents of the Draft EIR. Response to Comment 9-4 As described in Chapter 2,Project Description,page 2-1,of the Draft EIR,the Show Center Area is the location where primary on-the-ground events and activities of the Airshow take place,which is located in the City of Huntington Beach. Locally,the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway(State Route 1 or SR-1)to Beach Boulevard(State Route 39 or SR-39)and Pacific Coast Highway to the Pacific Ocean including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line.The Airshow Performance Area,the primary area for civilian and military aircraft flybys and aerial acrobatics,is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet.A majority of the civilian and military aircraft flybys and aerial acrobatics occur within approximately 500 and 1,500 feet from the shoreline.The Airshow Performance Area, or the aerobatic box,is identified by large marker buoys placed in the ocean that identify this area. In compliance with the provision of CEQA Guidelines Sections 15085(a)and 15087,the City of Huntington Beach,serving as the Lead Agency:(1)prepared and transmitted a Notice of Completion (NOC)to the State Clearinghouse;(2)published a Notice of Availability(NOA)of a Draft EIR which indicated that this Draft EIR was available for public review at the City's Community Development Department,the Huntington Beach Central Library,and the City's Website;(3) provided copies of the NOA and Draft EIR to the City's Community Development Department,the Huntington Beach Central Library;(4)posted the NOA and the Draft EIR on the City's Website: www.huntingtonbeachca.gov;(5)published legal notice(1/8th page)in the Huntington Beach Wave; (6)sent a NOA to the last known name and address of all organizations and individuals who previously requested such notice in writing or attended public meetings about the Project;and(7) filed the NOA with the County Clerk.The City of Newport Beach and the City of Costa Mesa was notified as both cities are included in the City of Huntington Beach's interested parties list. Proof of publication is available at the City of Huntington Beach Planning Division. Response to Comment 9-5 As discussed in Chapter 4,Alternatives, Section 4.3.1, Offsite Location,page 4-3,the Offsite Location Alternative would aim to be located further from sensitive biological resources. Sensitive habitat is located along the coastline including the Huntington Beach Wetlands,the Magnolia Marsh,and the BCER.In order to be located away from the areas that contain more sensitive biological resources,the site would likely need to be at a more inland location,where there would be less space for attendees to congregate as well as fewer areas to view the Airshow compared to the proposed Project Site. In addition,the likelihood of finding a location that would be able to accommodate the number of activities planned(Airshow,music festival,wave pool surf competitions,skateboard/BMX event,etc.)for the Airshow would be low. The Pacific Airshow Huntington Beach Protect, 3-127 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments This Alternative was considered infeasible due to the fact that there are very few,if any,other locations within the City that are City-owned and would be able to provide the services and area for the Airshow to be conducted and viewed.The alternative site would need to be up to approximately 100 acres in size in order to accommodate the parking,viewing areas, and other activities.Per the CEQA guidelines,the Offsite Location Alternative was rejected as infeasible using the criteria for off-site alternatives,including site suitability,economic viability, jurisdictional boundaries,whether the project proponent owns the site, and whether the project proponent can control site access. Some of the alternative sites considered that would be large enough to accommodate the activities include Edison High School and Central Park located in the City.Edison was rejected because this site would be closer to the Huntington Beach wetlands complex,and therefore,not necessarily further from sensitive biological resources.Central Park was also rejected due to the sensitive habitat and species that are present throughout the Park. Central Park has three freshwater lakes that are used by waterfowl and other birds. Portions of Central Park are also located closer to the BCER.Therefore, due to the proximity of sensitive habitat and sensitive species at the two locations most appropriate to be considered as alternative sites,these locations would not reduce impacts to biological resources Response to Comment 9-6 In regards to public access,refer to Response to Comment 1-6.As discussed under Response to Comment 1-6,during the Airshow and multi-day music festival,and only during event operation and music festival hours,public access would be limited to ticketed holders within the defined areas through the use of fencing and Airshow personnel and security. Only approximately 8 percent of the available sandy beach space is occupied by the ticketed areas and all other areas of the sandy beach,including substantially all of the other public spaces,are free to view spaces. Further, similar to the Airshow,the Applicant will consider providing free general admission tickets during each night of the music festival to the general public primarily to(a)students, (b) underserved youth and(c)their respective caregivers or guardians.A report of how the tickets were distributed shall be made available within 30 days post event upon written request from the California Coastal Commission.The Airshow is not violating laws of environmental justice. Response to Comment 9-7 The comment correctly indicates that the Draft EIR concluded that future Project Airshow mobile sources associated with additional daily VMT from the expanded night concerts as compared to prior Airshows were estimated through emissions calculations,using the CARB EMFAC2021 on-road vehicle emissions factor model to determine emission factors, and would result in a significant and unavoidable impact and there are no feasible mitigation measures that would reduce operational VOC,NOx,and CO emissions for vehicular sources to below the significance thresholds as discussed in Section 3.1,Air Quality,pages 3.1-22 and 3.1-23,of the Draft EIR. In addition, as described on page 3.1-20 of the Draft EIR, since the Project's future Airshow aircraft activities,competitions and art installations,temporary event structures,multi-day music festivals and temporary Airshow pyrotechnic display are expected to be similar as those featured in prior Airshows or would not result in new emissions,these emissions were not considered in the Draft The Pacific Airshow Huntington Beach Project 3-128 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments EIR(see page 3.1-20 of the Draft EIR,for additional details). The comment fails to specify why using estimated emissions calculations to discuss the Project's air quality impacts were insufficient and what specific"study data"the Draft EIR is missing.As such,the estimated emissions calculations and impact conclusions determined in the Draft EIR are sufficient and no further response is required. Response to Comment 9-8 The comment incorrectly claims that the Project may cause CO hotspots due to queuing of traffic as a result of the Project.The Project's potential to cause CO hotspots was not discussed in the Project's Draft EIR,but the Project's Initial Study.As discussed on page 3-13 and 3-14 of the Project's Initial Study,while the Project may result in an increase in vehicle trips and vehicle miles traveled as a result of future Airshow events compared to the prior and existing Airshow events,the CO concentrations in the vicinity are substantially below the CAAQS and NAAQS where as reported in the Project's Initial Study,the SCAQMD monitoring data from 2021 at the monitoring site located nearest to the Project indicates a maximum CO concentration of 2.3 parts per million(ppm)(1-hour)compared to the 20 ppm(1-hour)CAAQS and a maximum concentration of 1.7 ppm(8-hour)compared to the 9.0 ppm(8-hour)CAAQS and the 9 ppm(8- hour)NAAQS. Furthermore,based on the latest SCAQMD available for year 2023,the monitoring site located nearest to the Project indicates a maximum CO concentration of 2.4 parts per million(ppm)(1-hour)and a maximum concentration of 1.9 ppm(8-hour),which are still much lower than the relevant CAAQS and NAAQS.Therefore, as discussed in the Project's Initial Study,not only have CO concentrations have declined compared to previous decades primarily as a result of improvements in vehicle emissions standards.As vehicle emissions continue to decline from improvements in vehicle emissions standards and zero emissions vehicles(e.g., electric vehicles),the Project would not cause or contribute to CO hotspots from Project vehicle trips,vehicle miles traveled,or vehicle congestion on major roadways or intersections.Thus,the Project would not result in exposure of sensitive receptors to CO hotspots and impacts would be less than significant.Therefore,as discussed in the Project's Initial Study, no further analysis of CO hotspots was required in the EIR. In addition,the incorrectly describes that Project traffic would combine with nonevent day traffic to cause CO hotspots. However,the Project would not affect vehicle trips on nonevent days and CO emissions associated with background traffic is not affected by the Project.As such,the findings of the Project's Initial Study that the Project would not result in CO hotspot and impact conclusions determined in the Project's Initial Study are sufficient and no further response is required. Response to Comment 9-9 The Draft EIR evaluates traffic on key corridors in the City of Huntington Beach that connect to regional routes.While temporary increases in traffic may occur on regional facilities,these impacts are comparable to those from other special events that freeways and highways are designed to accommodate. Examples of comparably scaled activities: • Los Angeles Angels(81 games annually) • Anaheim Ducks(41 games annually) The Pacific Airshow Huntington Beach Project 3-129 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments • Orange County Fair(4 weeks annually) • Concerts at various venues These events are typical and distribute traffic broadly across the regional system.As such,they are not evaluated with respect to localized emergency access for multiple jurisdictions.Moreover, it is not possible to evaluate every hypothetical emergency scenario outside the Project area.The location and nature of potential emergencies is nearly infinite. The Draft EIR appropriately scopes the analysis to reflect the temporary and localized nature of the Project. Further,the City of Huntington Beach has developed a Local Hazard Mitigation Plan and Emergency Operations Plan that includes coordination with adjacent cities and agencies.The Airshow's Public Safety Plan, in coordination with the Huntington Beach Police Department (HBPD)and the Huntington Beach Fire Department(HBFD),identifies roles, staging areas,and operational controls for crowd and traffic management during emergencies. While specific evacuation routes in neighboring cities are not analyzed,the Project does not propose to physically alter or block any regional evacuation corridors. Response to Comment 9-10 Aircraft operations during future Airshows may temporarily exceed the cities established noise limits during daytime and nighttime hours,including noise sensitive land uses.Data collected during the 2023 Airshow indicates that noise levels could surpass the City's established noise limits by as much as 50 dB.However,these elevated noise levels are expected to be brief and not sustained over long periods. The purpose of noise monitoring was for informational purposes to understand the range of aircraft noise levels that may be experiences in close proximity to the Airshow.While measurements were not taken in other jurisdictions,it can be assumed that noise levels would be similar, or less,to those taken at the six location identified in the Draft EIR. To mitigate the impact of aircraft noise on the surrounding community, event organizers have integrated several noise-reduction strategies into the Airshow's planning. These include recommending aircraft adhere to predetermined flight paths that are carefully designed to avoid residential areas whenever possible and keeping aircraft operations over water to the greatest extent feasible,reducing noise exposure for inland areas further from the coast.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation (i.e., altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON, and prior training related to highly choreographed Airshow sequences by military display teams. .While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups,all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities.. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. The Pacific Airshow Huntington Beach Project 3-130 ESPJ202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 9-11 The Project area examines impacts along the proposed flight path and a 500-foot buffer to encompass potential changes based on weather conditions,flight traffic,and other factors considered by air traffic controllers. For a discussion on nesting season,refer to Master Response C. For a discussion on biological monitoring,refer to Master Response D.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 9-12 The Biological Resources Technical Report(Appendix D)outlines why there is no suitable habitat for special-status species within the Show Center Area and a low potential for special- status species within the BCER. The TFR spans a 5-mile radius and extends from the surface up to 15,000 feet MSL. This restriction is specifically designed to keep commercial and general aviation aircraft out of the designated Airshow airspace.By doing so,the TFR allows Airshow participants to safely reposition their aircraft within the restricted airspace for their performances, eliminating the risk of conflicts with unauthorized aircraft.At all times,the FAA,the Applicant, and pilots are committed to the safe operation of aircraft.While the pilot has ultimate control of the aircraft while in flight,the FAA has the primary role of ensuring safe and efficient use of the National Airspace System(NAS).Aircraft will adhere to the predetermined flight path as much as possible.As noted in Section 3.2,Biological Resources, Section 3.2.1 Environmental Setting, pages 3.2-1 and 3.2.-2,the proposed flight path and a 500-foot buffer was examined.This biological study area(BSA)does not overlap sensitive ecological areas including Frank and Joan Randall Preserve,Fairview Park,and Talbert Regional Park.Additionally,biological monitoring and surveys have been conducted prior to and during the 2023 Airshow to identify potential impacts on bird behavior and none were observed. The Draft EIR also determined that the temporarily impacted areas would not significantly inhibit local or regional movement of wildlife within these avoided areas of the BSA.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 9-13 Refer to Response to Comment 9-14, 9-15, and 9-16 below for a discussion on impacts to air quality,noise,and transportation. Response to Comment 9-14 As stated by the comment,the Project Draft EIR describes that there would be a significant and unavoidable regional operational air quality impact with regard to additional daily VMT from the expanded music festival as compared to prior Airshows. However, the comment is conflating the Project's regional operational impact as also being a localized operational air quality impact.As described in the Section 3.1,Air Quality,of the Draft EIR,the Project's local air quality impacts are discussed in the Project's Initial Study(Appendix B)and subsequently scoped out of the Draft The Pacific Airshow Huntington Beach Project 3-131 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments EIR as the Initial Study determined there would be no potential for construction or construction- related ground disturbance generating substantial localized emissions since the Airshow proposes no new permanent development and only consists of temporary event structures,all of which would be removed immediately following the conclusion of the Airshow. In addition,the Initial Study determined the Project would result in similar on-site operational emissions since: aircraft staging,maintenance,preparation activities,aircraft flight familiarization and aircraft flight practice flyers, and performance flyovers throughout the Airshow Performance Area,and temporary event structures for the Project would be similar to prior airshows;the Project's competitions and art installations would not result in new emissions from on-site activities;and the temporary Airshow pyrotechnic display would occur over water,similar to the City's annual 4th of July Fireworks Over The Ocean and would not result in permanent effects on the environment(see the Project's Initial Study,Appendix B,of the Draft EIR for additional details). Thus,the Initial Study determined the Project would not involve construction or operations that would result in exposure of sensitive receptors to substantial pollutant concentrations and impacts would be less than significant and scoped out of the Draft EIR.Furthermore,the Initial Study did not include the Frank and Joan Randall Preserve,Fairview Park,and Talbert Regional Park in the list of sensitive receptors because the Initial Study listed the sensitive receptors within a quarter-mile radius of the Project boundary and these three receptors are further than those listed in the Initial Study.As noted in Section 3.2,Biological Resources, Section 3.2.1 Environmental Setting,pages 3.2-1 and 3.2.-2,the proposed flight path and a 500-foot buffer was examined.This BSA does not overlap sensitive ecological areas including Frank and Joan Randall Preserve,Fairview Park,and Talbert Regional Park.Furthermore,as shown in Figure 2-2 and Figure 2-3 within the Chapter 2, Project Description,of the Draft EIR,the closest portions of the Project's Show Center and Airshow Performance Area,where the Project's majority of localized emissions would occur, would be over 2.0 miles from the closest portion of the Frank and Joan Randall Preserve and Talbert Regional Park,and over 2.8 miles from Fairview Park. Therefore, as the Frank and Joan Randall Preserve,Fairview Park,and Talbert Regional Park are located at greater distances from the Project Site as compared to those listed in the Initial Study,these three receptors would be less impacted by localized Project emissions.Therefore,no additional air quality analyses are required for the Frank and Joan Randall Preserve,Fairview Park, and Talbert Regional Park and the Initial Study's conclusion that the Project would not involve construction or operations that would result in exposure of sensitive receptors to substantial pollutant concentrations and impacts would be less than significant remains unchanged and no further response is needed. Neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams. While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups, all decisions made during a flight sequence,including the flight paths and altitudes, are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities..Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. The Pacific Airshow Huntington Beach Project 3-132 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments . Response to Comment 9-15 Refer to Response to Comment 9-10. Response to Comment 9-16 The Project would result in traffic volumes like other special events(refer to Response to Comment 9-9)which freeways and state highways are designed to support. Traffic volumes from the Project will diminish with distance from the Project, and the exact roadways that will be used are unpredictable beyond the City.Level of service traffic impacts are not allowed as a measure of environmental impact related to transportation/traffic subsequent to the State's adoption of Senate Bill(SB)743 (July 2020). Regarding construction traffic,the Project involves only temporary setup and breakdown of event infrastructure.Equipment can be delivered via SR-1 and adopted truck routes throughout the City.These routes regularly support heavy vehicles, and the Project is not anticipated to generate oversized loads.Given the modest scale of setup and site breakdown activities,alternative construction routes are not warranted, and the Draft EIR appropriately scopes the analysis to reflect the scale and temporary nature of the Project. Response to Comment 9-17 Refer to Response to Comment 9-1 and 9-2. Response to Comment 9-18 Refer to Response to Comment 9-1 and 9-2. Response to Comment 9-19 Refer to Response to Comment 9-1 and 9-2. Response to Comment 9-20 In the Costa Mesa First comment letter,dated March 4, 2024(herein referred to as Attachment A),the commentor notes"Thank you for the opportunity to provide comments on the preparation of an Environmental Impact Report for the proposed expansion of the Pacific Airshow Huntington Beach Project(the"Project"to be located in Huntington Beach,California." Accordingly,this Responses to Comments document responds to those Notice of Preparation comments that were specifically raised in the Costa Mesa First Draft EIR comment letter.No further response is required. Response to Comment 9-21 In the Fairview Park Alliance comment letter dated March 4,2024(herein referred to as Attachment B and included in this Response to Comments during under Comment Letter 10),the commentor notes that"FPA appreciates the opportunity to comment on the preparation of an Environmental Impact Report(EIR)for the proposed expansion of the Pacific Airshow Huntington Beach Project(the"Project"to be located in Huntington Beach, California." Accordingly,this Response to Comments document responds to comments that were specifically raised in the Draft EIR,not the Notice of Preparation.Please refer to the Draft EIR, dated The Pacific Airshow Huntington Beach Project 3-133 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments February 2025.Refer to Response to Comment 9-10 regarding noise and vibration studies beyond the City boundaries.Refer to Response to Comment 9-14 regarding why no additional air quality analyses are required for the Frank and Joan Randall Preserve,Fairview Park,and Talbert Regional Park.No further response is required. Response to Comment 9-22 In the Hamilton Biological comment letter dated March 4,2024(herein referred to as Attachment C and included in this Response to Comments document under Comment Letter 11),the commentor notes"On behalf of the Coastal Corridor Alliance,I provided these comments on a Notice of Preparation prepared by the City of Huntington Beach(the City)for the proposed Pacific Airshow Huntington Beach project(the proposed project)."Accordingly,this Responses to Comments document responds to comments that were specifically raised in the Draft EIR,not the Notice of Preparation.Please refer to Draft EIR, dated February 2025.For the evaluation of potential effects in nearby natural areas and the evaluation of potential effects of nocturnal activities,please refer to Section 3.2,Biological Resources,in the Draft EIR.Also,please refer to Master Response C regarding nesting season and Response to Comment 2-15 regarding biological monitoring.No further response is required. The Pacific Airshow Huntington Beach Project 3-134 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 10 March 4, 2024 VIA EMAIL—connor.hylandna,surfcity-hb.org /fin�, • `� Connor Hyland, Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney 2000 Main Street,Fourth Floor Z°QQQAA Huntington Beach, CA 92648 Re: Pacific Airshow Huntington Beach Project A 501(c)(3) non-profit corporation Dear Mr. Hyland, Tax ID 82-2238446 Fairview Park Alliance(FPA)is a nonprofit corporation in Costa Mesa dedicated to restoring,protecting, and preserving Fairview Park in Costa Mesa (2525 Placentia Ave.) for all generations in perpetuity. Fairview Park is 208 Board: acres with 5 distinct habitats and home to endangered and threatened plants and wildlife. Autumn is migration season for many birds and many birds Kim Hendricks depend on Fairview Park for food and rest. The Pacific Airshow has had a President negative impact on Fairview Park due to the high decibels of noise, air traffic, Priscilla Rocco and air quality. Treasurer FPA appreciates the opportunity to comment on the preparation of an Jason Komala 10-1 At large board member Environmental Impact Report(EIR) for the proposed expansion of the Pacific Airshow Huntington Beach Project(the"Project")to be located in Huntington Beach, California. The Show Center Area and the Airshow Performance Area collectively comprise the project site("Project Site"). However the Notice of Mailing Address: Preparation(NOP)indicates for the purpose of a technical analysis within the draft EIR,a broader study area may be defined that extends beyond the Project FPA Site to reflect the potential impacts associated with civilian and military aircraft P.O. Box 2471 flybys and aerial acrobatics traveling to/from the Airshow Performance Area. Costa Mesa, CA 92628-2471 The City of Huntington Beach is required to follow California Environmental Quality Act(CEQA)and the EIR must contain noise and vibration studies extended outside of the City boundaries to those areas impacted by the noise E-Mail Address: and vibration originating from the Airshow, like Fairview Park,Talbert Regional Park, and Randall Preserve. info@FairviewParkAlliance.org The EIR must also contain surveys of the surrounding areas, like Fairview Park,Talbert Regional Park, and Randall Preserve for wildlife and ecologically sensitive habitat and reports must be provided. The migration corridors Website: between habitat areas must be preserved. www.FairviewParkAlliance.org Fairview Park,Talbert Regional Park, and Randall Preserve have sensitive receptors that may be exposed to pollutant receptors and must be included in the air quality study performed in connection with the EIR. V A FPA would like to see a thorough EIR that allows the residents of Huntington Beach and surrounding cities to understand the impacts on their community. 10-1 Thank you, (cont.) • Kim Hendricks Fairview Park Alliance -President V 2 A 40EV" p 44404r.",,, 0' 10-1 (cont.) Sincerely, Name Title Fairview Park Alliance _ 3 Chapter 3.Responses to Comments Comment Letter 10: Fairview Park Alliance Response to Comment 10-1 In the Fairview Park Alliance comment letter dated March 4,2024,the commentor notes that "FPA appreciates the opportunity to comment on the preparation of an Environmental Impact Report(EIR)for the proposed expansion of the Pacific Airshow Huntington Beach Project(the "Project"to be located in Huntington Beach,California."Accordingly,this Response to Comments document responds to comments that were specifically raised in the Draft EIR,not the Notice of Preparation.Please refer to the Draft EIR,dated February 2025.Refer to Response to Comment 9-10 regarding noise and vibration studies beyond the City boundaries.Refer to Response to Comment 9-14 regarding why no additional air quality analyses are required for the Frank and Joan Randall Preserve,Fairview Park,and Talbert Regional Park.No further response is required. The Pacific Airshow Huntington Beach Project 3-138 ESN202300046.01 Final Environmental Impact Report August 2025 Comment Letter 11 HAMILTON BIOLOGICAL March 4,2024 Mr. Connor Hyland,Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney 2000 Main Street,Fourth Floor Huntington Beach, CA 92648 SUBJECT: COMMENTS ON THE NOTICE OF PREPARATION PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT Dear Mr. Hyland, On behalf of the Coastal Corridor Alliance, I provide these comments.on a Notice of Preparation prepared by the City of Huntington Beach (the City) for the proposed Pa- cific Airshow Huntington Beach project (the proposed project). EIR MUST EVALUATE POTENTIAL EFFECTS IN NEARBY NATURAL AREAS Although the performance area for the airshow is limited to the largely developed area 11-1 between Beach Boulevard and Seventh Street in Huntington Beach,the effects of in- creased air traffic and noise will extend up and down the coast, potentially affecting nearby sensitive habitat areas. To the south,near the mouth of the Santa Ana River,is a dedicated nesting area for the California Least Tern, and the Huntington Beach Wet- lands, occupied by another listed species, Belding's Savannah Sparrow. A short distance inland from the mouth of the Santa Ana River lies the ecologically sensitive Randall Preserve,which supports numerous listed and otherwise"special-status" species,in- cluding Belding's Savannah Sparrow, California Gnatcatcher, Least Bell's Vireo, and po- tentially Burrowing Owls. To the north of the performance area lies the Bolsa Chica Eco- logical Preserve,which supports a large tern nesting colony,Belding's Savannah Spar- rows, Western Snowy Plovers, and.Other sensitive resources. The project biologists shouldcarefully evaluate the project's potential adverse effects to bird populations in these important natural areas. In particular, the EIR should cite rele- vant,current research on the effects of aircraft operations and aircraft noise upon nest- ing birds. The EIR must evaluate all potential adverse project effects to nesting birds, and it would be appropriate for the City to provide for biological monitoring of the tern colonies at the Santa Ana River mouth and at Bolsa Chica to improve understanding of the extent to which airshow activities do or do not affect colonial nesting birds in the nearby area. If potentially significant impacts,are identified that cannot be avoided, compensatory mitigation must be provided. 316 Monrovia Avenue Long Beach,CA 90803 562-477-2181./ robb@hamiltonbiological.com V NOP Comments, Pacific Airshow Huntington Beach Hamilton Biological, Inc. A March 4,2024 Page 2 of 2 EIR MUST EVALUATE POTENTIAL EFFECTS OF NOCTURNAL ACTIVITIES The EIR must also evaluate the potential effects of nocturnal project activities ("Airshow performer private party and live music entertainment with nighttime flyovers by desig- nated aircraft including parachute jumps onto the beach occurring during the evening hours of the of the music festival"). These activities are proposed to occur as late as 11:00 p.m., which could disrupt nesting of California Least Terns or other birds in natu- ral areas near the performance area. For example, if nighttime flyovers startle terns off their nests, this could lead to increased predation of the nests or even abandonment of nests. The EIR must evaluate all such potential adverse project effects, and it would be appropriate for the City to provide for biological monitoring of the tern colonies at the Santa Ana River mouth and at Bolsa Chica to improve understanding of the extent to which nocturnal airshow activities do or do not affect colonial nesting birds in the nearby area. If potentially significant impacts are identified that cannot be avoided, compensatory mitigation must be provided. 11-1 CONCLUSION (cont.) On behalf of the Coastal Corridor Alliance, thank you for the opportunity to provide these comments on the NOP for the proposed airshow project. Sincerely, Robert A. Hamilton, President Hamilton Biological, Inc. 316 Monrovia Avenue Long Beach, CA 90803 562-477-2181 robb@hamiltonbiological.com cc: Terry Welsh, President, Coastal Corridor Alliance Melanie Schlotterbeck,Stewardship Consultant, Coastal Corridor Alliance Chapter 3.Responses to Comments • Comment Letter 11 : -Hamilton Biological Response to Comment 11-1 In their comment letter dated March 4,2024,the commentor notes"On behalf of the Coastal Corridor Alliance,I provided these comments on a Notice of Preparation prepared by the City of Huntington Beach(the City)for the proposed Pacific Airshow Huntington Beach project(the proposed project)."Accordingly,this Responses to Comments document responds to comments that were specifically raised in the Draft EIR,not the Notice of Preparation.Please refer to Draft EIR,dated February 2025.For the evaluation of potential effects in nearby natural areas and the evaluation of potential effects of nocturnal activities,please refer to Section 3.2,Biological Resources,in the Draft EIR.Also,please refer to Master Response C regarding nesting season and Response to Comment 2-15 regarding biological monitoring.No further response is required. The Pacific Airshow Huntington Beach Project 3-141 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 12 CBM Main Office Phone: Carstens, Black & Minteer LLP Michelle Black 310-798-2400Email Addrr ess: Direct Dial: 700 North Pacific Coast Highway, Suite 200 mnb@cbcearthlaw.com 310-798-2412 Redondo Beach, CA 90277 www.cbcearthlaw.com April 7, 2025 Via Email Connor.Hvland@surfcitv-hb.org Mr. Connor Hyland Senior Deputy City Attorney City of Huntington Beach Department of Community Development 2000 Main Street, 4th Floor Huntington Beach, CA 92648 Re: Draft Environmental Impact Report for the Pacific Airshow Huntington Beach Project, SCH No. 2024020006 Dear Mr. Hyland, We submit these comments on behalf of the Bolsa Chica Land Trust (BCLT) in connection with the City's consideration of the draft environmental impact report (DEIR) for the Pacific Airshow Project (Project). The Bolsa Chica 12-1 Land Trust was formed in 1992 to preserve one of the last standing wetland ecosystems in Southern California. BCLT now has over 5,000 members dedicated to protecting, preserving, restoring, educating, and advocating for Bolsa Chica's future. - In its past correspondence with the City about the Airshow, BCLT has sought one thing- avoidance of the Bolsa Chica Ecological Reserve by the low- 12-2 flying aircraft affiliated with the Airshow. With its DEIR comments, BCLT repeats this reasonable request and asks the City to revise the DEIR to: (1) Include the Bolsa Chica Ecological Reserve (BCER) within the project area analyzed in the DEIR. During past airshows, many of the 12-3 show's aircraft have flown over at low altitude, with documented adverse impacts to wildlife. (2) Revise the Project scope to include the seven days leading up to the airshow. In past years, the greatest impacts to wildlife and the 12-4 BCER have occurred prior to, not during, the airshow occurring during pre-show flyovers. Department of Community Development City of Huntington Beach April 7, 2025 Page 2 (3) Prohibit airshows during nesting season. Terns and plovers are especially vulnerable, and the Project terms do not limit the months during which the airshow may be held. We request that the show not take 12-5 place during the nesting season and months during which there is coastal avian migration in the region. The 2024 Airshow occurred the week after peak migration along the Pacific Flyway. — (4) Impose a prohibition on BCER overflights. If extenuating circumstances require overflights, an elevation buffer must be strictly 12-6 enforced and BCER reserve management (CDFW) must be notified prior to and/or immediately following the flyover. For several years, BCLT and the state and federal wildlife agencies responsible for the Bolsa Chica Ecological Reserve and the enforcement of state and federal wildlife laws have documented and raised concerns about the airshow's impact to sensitive species and habitat. Accordingly, the EIR was 12-7 required to disclose, analyze, and mitigate any impacts of these overflights to biological resources. Instead, the EIR ignores these well-documented concerns, claiming, without evidence, that the Project would not include BCER overflights. The EIR compounds this error by then finding the airshow will have no significant impacts and requires no mitigation. — As the City, Operator, and the managing state and federal wildlife agencies know, the airshow's pre-show flights do, in fact, fly over the Reserve. every year. If the Project contained enforceable mitigation prohibiting flyovers of the Reserve at any time, the DEIR's conclusions might be supportable. However, without such a condition, the DEIR's conclusions lack the requisite 12-8 substantial evidence. This is particularly important given that the DEIR discloses future plans to expand the airshow to five show days, as opposed to the three historically conducted. Approval of this Project without first disclosing the Project's full scope, analyzing the impacts of the true project on species, and fully mitigating those impacts violates CEQA. — I. The Pacific Airshow Huntington Beach Project. The Pacific Airshow has historically been held in the fall for three days 12-9 (Friday through Sunday), with practice flyovers beginning as early as Monday of the week of the airshow. While flyovers have generally occurred during the day, other airshow events extend into the night, as late as 10 pm. The DEIR states that the City anticipates future airshows may extend to five days, with events v Department of Community Development City of Huntington Beach April 7, 2025 Page 3 lasting until 11 pm. The Project would authorize ten years of airshows pursuant 12-9 to the City's Specific Event Permit Process. New events include nighttime (cont.) flyovers, multi-day air racing, and a beach helipad. II. The Bolsa Chica Ecological Reserve. The Bolsa Chica Ecological Reserve consists of approximately 1,400 acres of coastal estuary adjacent to Huntington Beach. It was established to preserve and protect coastal wildlife and habitat. BCER is the largest saltwater marsh 12-10 between Monterey Bay and the Tijuana River Estuary. It is managed by the California Department of Fish and Wildlife (CDFW) and owned by the State Lands Commission and CDFW. BCER is home to over 800 species of plants and animals, including 24 species that are threatened, endangered, or of special concern. _ III. Aircraft Fly Over the Bolsa Chica Ecological Reserve, with Documented Impacts to Sensitive Species. BCLT, wildlife agencies, and members of the public have documented myriad airshow impacts on biological resources that require evaluation, future avoidance, and mitigation under CEQA. State agencies have documented repeated, low aircraft passes over the wetlands, the startling noise of the jets, 12-11 and repeated flushing of birds from the Reserve. In 2022, the Army dropped streamers into the Reserve. In 2023, the U.S. Fish and Wildlife Service wrote to the City to warn that it had noticed aircraft transit above BCER and that the noise and vibration from such transit could disrupt sensitive wildlife. During the 2024 airshow, hundreds of birds were flushed by repeated midday flyovers of the BCER. Video of this incident was provided to the Operator. Affected birds included species of special concern. BCLT attaches the letters of CDFW, the State Lands Commission, California Coastal Commission, and BOLT documenting these flyovers and BCER impacts. IV. The DEIR Fails to Adequately Disclose,Analyze, and Mitigate the Project's Potential Impacts to the Bolsa Chica Ecological Reserve and Sensitive Species. 12-12 a. CEQA Requirements. The California Environmental Quality Act (CEQA) was enacted to promote decision making that protects the environment through information gathering and public accountability. V Department of Community Development City of Huntington Beach April 7, 2025 Page 4 The CEQA process is intended to be a careful examination, fully open to the A public, of the environmental consequences of a given project, covering the entire project, from start to finish. ... The EIR is intended to furnish both the road map and the environmental price tag for a project, so that the decision maker and the public both know, before the journey begins,just where the journey will lead, and how much,they -- and the environment -- will have to give up in order to take that journey. (Natural Resources Defense Council;v. City of Los Angeles (2002) 103 Cal.App.4th 268, 271.) CEQA requires a "mandatory finding of significance" if a project has the potential to "substantially degrade the quality of the environment. ..." (Guidelines §15065(a)(1).) An EIR must also disclose, analyze and mitigate the impacts of a project when they may: 12-12 • Have a substantial adverse effect on any species identified as (cont.) candidate, sensitive, or special status; • Have a substantial adverse effect on any ... sensitive natural community; • Have a substantial adverse effect on state or federally protected wetlands; or • Interfere substantially with the movement of any native resident or migratory...wildlife species or ... wildlife corridors, or impede the use of native wildlife nursery sites. CEQA Guidelines Appendix G','§§ IV(a), (c), (d). The Bolsa Chica Ecological Reserve hosts both migratory and resident special-status species, contains sensitive natural communities, and contains state and federally protected wetlands. b. The DEIR Fails to Accurately Disclose, Analyze or Mitigate - the Impacts of Aircraft Flights Over the Reserve. In response to the complaints documented by the managing wildlife 12-13 agencies, extensive meetings about the airshow, its impacts, and requested mitigation were conducted in which the wildlife agencies met with the City and Operator. The agencies provided documentation of the airshow's past harm to V Department of Community Development City of Huntington Beach April 7, 2025 Page 5 wildlife and evidence of overflights. None of this information is reflected in the A conclusions or mitigation of the DEIR. This violates CEQA's informational disclosure provisions. As currently written, the EIR paints a misleading and inaccurate picture of the Project's significant impacts on sensitive wildlife. (Citizens to Pres. the Ojai v. County of Ventura (1985) 176 Cal.App.3d 421, 430- 432 [EIR may not understate information concerning severity of impacts and 12-13 skew perspective to downplay seriousness of impact]; Mountain Lion Coalition v. (cont.) Fish & Game Corn. (1989) 214 Ca1.App.3d 1043, 1050-1051 [EIR may not avoid well-known important environmental considerations and sweep "serious criticisms 0 under the rug"]; Madera Oversight Coalition, Inc. v. County of Madera (2011) 199 Cal.App.4th 48, 104 [overruled on other grounds] [EIR fails as an informational document by omitting or ignoring contrary information]; Kings County Farm Bureau, supra, 221 Cal.App.3d at 724 [agency must produce relevant environmental data and may not avoid attack on adequacy of EIR by excluding such information].) _ While the DEIR recognizes that "[c]oncerns with biological resources, impacts to the Bolsa Chica Ecological Reserve" were raised in connection with the Notice of Preparation (ES-5 [citing Exhibit A comments of wildlife agencies]), the DEIR finds the Project has no potential to adversely affect biological 12-14 resources, even without mitigation. (ES-9.) Given that the wildlife agencies have documented environmental harm from past airshows, and that the Project includes no restrictions on overflights of the BCER nor even overflight altitude limits, this conclusion lacks substantial evidence. _ Critically, the DEIR restricts its review to a project area that appears limited to the pier and general surrounding area and to the main airshow days where attendance is paid. While this may be the area wherein flights are planned during the main airshow, the full Project area is much larger, and evidence demonstrates this area includes the BCER. CEQA Guidelines § 15125 (c) explains: 12-15 Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be place on environmental resources that are rare or unique to that region and that would be affected by the project. The EIR must demonstrate that the significant environmental impacts of the proposed project were adequately investigated and discussed ... The DEIR's failure to include BCER in the study area violates CEQA. _ Department of Community Development City of Huntington Beach April 7, 2025 Page 6 The Project also includes several days of practice flights seemingly omitted from the environmental review. These practice flights fly over BCER- every year. CEQA requires environmental review to evaluate the "whole of a project." (CEQA Guidelines § 15003(h).) Nothing permits an EIR to arbitrarily exclude portions of a project or its operating area from environmental review. A 12-16 "curtailed, enigmatic or unstable project description draws a red herring across the path of public support." (County of Inyo v. City of Los Angeles (1981) 71 Cal.App.3d 185, 197-98.) The DEIR must be revised to disclose, analyze, and mitigate the impacts of these overflights. - The DEIR further disclaims any City or airshow control over where aircraft will fly, based on the Federal Aviation Administration's regulation of airspace. However, FAA Advisory Circular No. 91-36D expressly recommends that aircraft avoid noise-sensitive areas because, "[e]xcessive aircraft noise can 12-17 ... adversely affect wildlife" which is "particularly undesirable in ... wildlife refuges." Thus,.the airshow should be subject to prohibition on BCER overflights outside of emergency conditions wherein flights may need to be redirected. - The DEIR states, "preactivity surveys and biological monitoring will be conducted each year as part of the Project, at least one day prior to the Airshow ." (DEIR pp. 2-10 and 2011.) However, preactivity monitoring for impacts to birds and to prevent the dropping of debris (such as the streamers dropped in 12-18 2022) should occur on all days airshow-related aviation will occur. However, impacts to the birds and wildlife at BCER would be better.avoided, and likely eliminated, by prohibiting airshow-related overflights of the BCER. c. The DEIR Relies on an Inaccurate Environmental Baseline. - Another basis for the EIR's unsupported claim of no significant biological impacts is its use of an inaccurate baseline. CEQA requires an EIR to examine 12-19 the difference between with-project and without-project conditions. (See, CEQA Guidelines § 15125(a).) An inflated baseline obscures a project's true environmental impact, infecting the DEIR's entire analysis and preventing necessary mitigation. - The Project Description states, "Numerous daily flights by commercial and private aircraft currently fly over the Bolsa Chica Ecological Reserve (BCER) and helicopters regularly land at a helipad over the BCER." (DEIR p. 2-10.) The 12-20 DEIR uses this information to conclude that airshow-associated overflights would not adversely affect BCER because these ongoing activities have not V Department of Community Development City of Huntington Beach April 7, 2025 Page 7 harmed wildlife. This description is inaccurate. While an oil company helipad is located adjacent to the Reserve, helicopter flights do not fly over the majority of 12-20 BCER. These infrequent flights are coordinated with CDFW and travel only (cont.) over a small portion of the southern tip of the Reserve. Evidence submitted to the City and Operator demonstrates airshow- related disturbances of sensitive bird species documented by the California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, State Lands 12-21 Commission, and California Coastal Commission. Even smaller and quieter aircraft have caused significant environmental impacts at BCER. Additionally, while commercial and private aircraft may travel over the Reserve, such flights occur at much higher elevations than airshow-associated aircraft have traveled over the Reserve. Past airshow overflights occurred far 12-22 below the 1,000-foot floor the DEIR claims will be used in the future, including some too low to be recorded by radar. Jets have been observed travelling 200 - 1,000 feet above BCER. Moreover, the Project's unenforceable "request" to keep overflights more - than 1,000 above ground level is insufficient. Airshow jets already disregard requests to avoid BCER. Preliminarily, a mere request is speculative and insufficient as CEQA mitigation. Mitigation measures that "are not guaranteed to occur at any particular time or in any particular manner" are inadequate. 12-23 (Preserve Wild Santee v. City of Santee (2012) 210 Cal.App.4th 260, 281; Gray v. County of Madera (2008) 167 Cal.App.4th 1099, 1119.) Beyond this, FAA Advisory Circular No. 91-36D, submitted to the City and Operator by the U.S. Fish and Wildlife Service, recommends full "[a]voidance of noise-sensitive areas." If that cannot occur, overflights should maintain an altitude of more than 2,000 feet above ground level. - d. Enforceable Mitigation Must be Incorporated into the - Project to Avoid Impacts to the Bolsa Chica Ecological Reserve and Sensitive Species. As a CEQA-compliant review of the Project will confirm that past 12-24 airshows have included overflights of the Bolsa Chica Ecological Reserve, and that these overflights have had adverse impacts on sensitive wildlife and protected wetland habitat, the EIR must be revised to include enforceable mitigation. V Department of Community Development City of Huntington Beach April 7, 2025 Page 8 These mitigation measures must be "fully enforceable through permit A conditions, agreements, or other measures." (Pub. Resources Code § 21081.6(b).) "The purpose of these requirements is to ensure that feasible mitigation measures will actually be implemented as a condition of development, and not merely adopted and then neglected or disregarded." (Federation of Hillside & Canyon v. City of Los Angeles (2000) 83 Cal.App.4th 1252, 1261; Katzeff v. California Dept. of Forestry and Fire Protection (2010) 181 Cal.App.4th 601, 612; Lincoln Place Tenants Assn v. City of Los Angeles (2005) 130 Cal.App.4th 1491.) The Project must be revised to include a condition prohibiting overflights 12-24 of BCER, before and during the airshow. The DEIR contains a project objective (cont.) described as: "Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa Chica Ecological Reserve, the Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover." (ES-2.) A mitigation measure prohibiting BCER overflights supports this project objective by protecting BCER, California least terns, and western snowy plovers. As previously commented by BCLT, Orange County is no stranger to implementing reasonable buffers on aircraft activity to minimize local impacts. John Wayne Airport's noise curfew, instituted to protect local residents from sleep disturbances, is one well-known example. The City must implement similarly reasonable buffers on aircraft activity over BCLT to prevent adverse impacts to wildlife. _ V. Violations of the City's Noise Ordinance Must be Recognized as - Significant. While the DEIR admits the Project would exceed the City's noise ordinance, it quickly concludes that issuance of a Noise Deviation Permit will obviate the impact. However, this is not the intent of Municipal Code section 8.40. As the Project will violate the municipal code in a manner that cannot be 12-25 fully mitigated, the EIR must conclude the Project will have a significant and unavoidable impact after incorporating all feasible mitigation. Only then can the City, separately, determine the benefits of the Project outweigh the harms, issue a Statement of Overriding Considerations, and consider a Noise Deviation Permit. The Bolsa Chica Land Trust urges the City prohibit flyovers from the Airshow over the Bolsa Chica Ecological Reserve, and to work in good faith with v Department of Community Development City of Huntington Beach April 7, 2025 Page 9 the managing agencies to ensure that the EIR is in compliance with CEQA and T12-25 that no further impacts from future Airshows occur at BCER. (cont.) Sincerely, l Michelle Bla Enclosures 1. June 29, 2023 letter from Carstens, Black & Minteer, LLP 2. August 25, 2023 letter from California State Lands Commission and California Department of Fish and Wildlife 3. February 20, 2024 letter from California State Lands Commission and California Department of Fish and Wildlife 4. February 21, 2024 letter from California Coastal Commission 5. March 4, 2024 letter from California State Lands Commission re NOP 6. Federal Aviation Administration Advisory Circular No. 91-36D, dated September 17, 2004 Cc: Mr. Andrew Willis, California Coastal Commission, Andrew.Willis@coastal.ca.gov Ms. Wendy Hall, M.S., California State Lands Commission, wendv.hall@slc.ca.gov Ms. Melissa Borde, California State Lands Commission, Melissa.Borde@wildlife.ca.gov CBM Main Office Pone: Carstens, Black & Minteer LLP 310-798-240h Michelle N.Black 2200 Pacific Coast Highway 318 Email Address: Direct Dial: � Suitemnb@cbcearthlaw.com 310-798-2400 Ext.5 Hermosa Beach, CA 90254 www.cbcearthlaw.com June 29, 2023 Via Email Al.Zelinka(a,surfcity-hb.org, Ashley.Wysocki@surfcitv-hb.org Mr. Al Zelinka City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA Ms. Ashley Wysocki Acting Community Services Director 12-26 City of Huntington Beach 2000 Main Street Huntington Beach, CA Re: Permitting of the Pacific Airshow, Huntington Beach September 29—October 1, 2023 Dear Mr. Zelinka and Ms. Wysocki, Since 1992, the Bolsa Chica Land Trust (BCLT) has advocated for the preservation and restoration of Huntington Beach's Bolsa Chica Ecological Reserve. Threats to the Ecological Reserve and its sensitive plant and animal species are ongoing and include both long-term development and shorter-term special events, such as the Pacific Airshow, currently scheduled for September 29 - October 1, 2023. Past airshows have caused environmental damage documented by both BCLT and state wildlife agencies. In order to avoid future environmental harms while allowing a beloved event to go forward, BCLT urges the City to comply with the California Environmental Quality Act (CEQA) prior to issuing permits for the 2023 Pacific Airshow. The City is required to comply with CEQA before approving any discretionary "project" that may result in a significant and adverse environmental impact. The Pacific Airshow's permits are "projects" under CEQA. As the City can decide whether or not to approve permits for the Pacific Airshow, and as the City can condition these permits, the issuance of permits for the airshow is a discretionary action under CEQA. V A June 29, 2023 City of Huntington Beach Page 2 It is also clear that past Pacific Airshows have had significant adverse impacts on wildlife and habitat at the Bolsa Chica wetlands. Since CEQA requires preparation of an environmental impact report (EIR) whenever a project"may" cause a significant and adverse environmental effect, an EIR is required here. For example, the Pacific Airshow will clearly violate the City's noise ordinance, Municipal Code section 8.40. Thus, the event will have a significant and adverse impact on noise that requires preparation of an EIR. BCLT, wildlife agencies, and,members of the public have documented myriad airshow impacts on biological resources that require evaluation, future avoidance, and mitigation under CEQA. State agencies have documented repeated, low aircraft passes over the wetlands, the startling noise of the jets, and repeated flushing of birds from the reserve. Affected birds included species of special concern. Others have registered concern about the proximity of the airshow jets to the oil infrastructure and the potential for a crash that could release toxic contaminants from the oil infrastructure into the wetlands. In 2022, the Army dropped streamers into the reserve. An EIR is required to 12-26 disclose and analyze these likely and demonstrated environmental impacts, and to (cont.) analyze alternatives that might avoid these impacts, as well as mitigation measures that can be adopted to reduce the airshow's impacts on the wetlands. The City has acknowledged the applicability of CEQA to the Pacific Airshow in the past. On December 20, 2022,the City approved the hiring of an environmental consultant to conduct CEQA review of the 2024 airshow. The City can and must do the same for the 2023 airshow, which carries the same need for environmental compliance. To the extent the City has committed to hosting future airshows, prior to the completion of the CEQA review commissioned in December 2022, it has violated the Act. (Save Tara v. City of West Hollywood(2008) 45 Ca1.4th 116, 135.) Orange County is no stranger to implementing reasonable buffers on aircraft activity to minimize local impacts. John Wayne Airport's noise curfew, instituted to protect local residents from sleep disturbances, is one well known example. The City should implement similarly reasonable buffers on aircraft activity over the reserve to prevent adverse impacts to wildlife. The Bolsa Chica Land Trust looks forward to the City's prompt compliance with CEQA in connection with the 2023 Pacific Airshow, and to its adoption of mitigation measures and conditions of permit approval that protect the Bolsa Chica wetlands and the residents of Huntington Beach. If the City does not prepare an EIR for the 2023 Pacific Airshow, it must at least implement interim mitigation measures to avoid impacts to Bolsa Chica. V A June 29, 2023 City of Huntington Beach Page 3 Sincerely, 12-26 (cont.) Michelle Blac Cc: Mr. Andrew Willis, California Coastal Commission, Andrew.Willis@coastal.ca.gov Ms. Wendy Hall, M.S., California State Lands Commission, wendy.hallAslc.ca.gov Ms. Melissa Borde, California Department of Fish and Wildlife, Melissa.Borde(awildlife.ca.gov DocuSign Envelope ID:546BD703-6F32-49D5-8A10-5D773405B818 STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer COMMISSION 916.574.1800 TTY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue,Suite 100-South from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone:916.574.1900 0.9.r August 25, 2023 Sent via postal and E-mail (Michael.Gates@surfcity-hb.org) Michael E. Gates City Attorney City of Huntington Beach 2000 Main Street 12-27 Huntington Beach, California Subject: Huntington Beach Airshow- conditions to protect the Bolsa Chica Ecological Reserve Dear Mr. Gates, The California State Lands Commission (Commission) and California Department of Fish and Wildlife (CDFW) are jointly submitting this letter to address several concerns regarding the upcoming Huntington Beach Pacific Airshow scheduled for September 29th through October 1st, 2023. As background, the Commission manages four million acres of sovereign tide and submerged lands, the beds of natural, navigable waterways including lakes and rivers, and school lands. The mission of the Commission is to provide the people of California with effective stewardship of the lands, waterways, and resources entrusted to its care through preservation, restoration, enhancement, responsible economic development, and the promotion of public access. This stewardship of sovereign lands and natural resources is guided by the common law Public Trust Doctrine, the California Constitution, various laws, and regulations specific to the Commission, and statutory trust grants. v DocuSign Envelope ID:546BD703-6F32-49D5-8A10-5D773405B818 Page 2 of 3 The Commission owns approximately 1200 acres of sovereign lands in the Bolsa A Chica Ecological Reserve (BCER). The Commission leases these lands to the CDFW for on-site management. Additionally, the Commission, along with five other state and federal agencies informally referred to as the Bolsa Chica Steering Committee, provides overall management oversight of BCER. Portions of the BCER contain active oil operations, including operating wells and pipelines maintained by California Resources Corporation. An aircraft accident in this area could create legal liability for the parties responsible, in addition to potentially causing ecological and human health and safety damage. CDFW manages California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public. CDFW is responsible for the management of over 1.1 million acres of and wildlife habitat spanning over 700 properties statewide. These properties provide habitat for a rich diversity of fish, wildlife, and plant species and comprise habitats from every major ecosystem in the state. CDFW is responsible for regulatory enforcement and management of related recreational, commercial, scientific, and educational uses. 12-27 (cont.) During the 2021 and 2022 airshow, several incidents occurred that caused disruptions in the normal behavior patterns of many bird species, including feeding and sheltering at Bolsa Chica Ecological Reserve. Disturbances included dropping streamers in the BCER, causing potential harm to wildlife and fire risk, and repeated low flyovers, which harassed the bird populations and caused them to take flight each time the airplanes flew over. This latter action is considered a "take" and is in violation of CCR T-14 251.1. Additionally, under Section 630 (17) of Title 14 "no aircraft operations are permitted in a reserve, and low flyovers are in violation".The sound pollution and overhead flights pose a threat to birds and other wildlife. The BCER is a critical stopover along the Pacific Flyway for hundreds of migratory bird species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 703-712). These also include threatened and endangered species which are protected under the Federal Endangered Species Act of 1973 (16 U.S.0 1531-1544), and the California Endangered Species Act of 1970 (FGC,1 .5, 2050-2115.5). A few that depend heavily on the BCER include the Western snowy plover, Light-footed Ridgway's rail, Coastal California gnatcatcher, and.the Belding's savannah sparrow. In order to avoid a reoccurrence of these concerns this year for the 2023 airshow, we request compliance with the following conditions: 1. No flyovers will occur over BCER. 2. No streamers or any other debris will be dropped over the BCER. V DocuSign Envelope ID:546BD703-6F32-49D5-8A10-5D773405B818 Page 3 of 3 We would be happy to meet with you to discuss these concerns and reach a A mutual concurrence on a protocol for the event that accommodates the airshow, while protecting the natural resources of BCER. Please confirm receipt of this letter. Sincerely, p DoeuSigned by: 1—DoeuSigned by: —C23D6B9t97F 1445... — -- 18197A48BF3B4B6... Wendy Hall Tim Dillingham Environmental Program Manager Environmental Program Manager Special Projects Liaison Lands and Wildlife, South Coast Region 12-27 California State Lands Commission California Department of Fish & Wildlife (cont.) cc: Michael E. Gates, Attorney, City of Huntington Beach Al Zelinka, Manager, City of Huntington Beach Ashley Wysocki, Deputy Director, Community & Library Services, City of Huntington Beach Kevin Elliott, CEO, Code Four, Airshow, LLC Gregory McDonald, Long Beach Front Line Manager, Federal Aviation Administration Lucinda Calvo, Attorney IV, CA State Lands Commission EXHIBIT 3 STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer 916.574.1800 COMMISSION 1 TI Y CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue,Suite 100-South from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone: 916.574.1900 cP;:s/�,h° Zele y5 9 February 20, 2024 File ref: Lease 6616 Sent via postal and E-Mail (Eric.Parra@surfcity-hb.org) Mr. Eric G. Parra Interim City Manager City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 12-28 Mr. Kevin Elliott Chief Executive Officer Code Four 5252 Bolsa Ave Huntington Beach, CA 92649 SUBJECT: Required Application for Commission Authorization for the Operation and Maintenance of Huntington Beach Pier and Pacific Ocean AND Conditions to Protect the Bolsa Chica Ecological Reserve Dear Mr. Parra and Mr. Elliott: In 2023, the State Lands Commission (Commission) sent two letters to the city of Huntington Beach (City) and the event operator, Code Four prior to last year's Huntington Beach Pacific Airshow expressing concerns which were subsequently not addressed by either the City or Code Four. The letters are attached. These issues remain unresolved, and the Commission requests coordination with the City and Code Four to reach a mutually satisfactory resolution on these matters and to achieve a satisfactory approach for the conduct of future Pacific Airshows. Commission staff is aware of the Notice of Preparation/Initial Study the City has issued for an Environmental Impact Report V A City of Huntington Beach Page 2 for the Airshow, and staff will send a separate CEQA comment letter as part of the CEQA process. Required Application for Commission Authorization for the Operation and Maintenance of Huntington Beach Pier and Sovereign Land in the Pacific Ocean: In 2023, the City permitted Code Four for an event known as the Huntington Beach Pacific Airshow that occurred in and around the Pacific Ocean, near and on the Huntington Beach Pier. This is to advise you that the activity constituted an unauthorized use of State land, under the jurisdiction of the.California State Lands Commission (Commission), well outside of the City's current lease rights. As a reminder, the Commission authorized Lease PRC 6616, a General Lease - Public Agency Use, to the City for the operation and maintenance of an existing public municipal pier (Huntington Beach Pier or Pier) and related concessions. That lease was authorized for a term of 25 years, beginning June 21, 2018. 12-28 Based on the information available, the 2023 event occurred for three (cont.) days, from September 29th through October 1st, with airshow flights between 10:30 am to 4:30 pm, and a festival near the Huntington Beach Pier on all three days until 8:00 pm. Additionally, staff understands that the public Pier was closed to the general public on all three days of the event and that the event operator allowed access to the Pier through the purchase of a ticket sold by a private vendor. While staff were informed by the.City that public access to the pier would still be available during the event, photographs of the pier during the event do not indicate that public access was provided. In addition, the event required the temporary placement of 16 large white buoys along a 12,000-foot line 500 feet offshore, as well as other buoys marking a "sterile aerobatic box" area, within the Commission's jurisdiction. This degree of restriction on public access and recreation along the beach and in the ocean, where boating was also restricted during the event, is not authorized by the City's lease. The lands waterward of the ordinary high-water mark remain ungranted sovereign lands under the management of the Commission. As a reminder, the City's lease acknowledges that the Premises are subject to the Public Trust and are available to members of the public. Per Section 2, Paragraph 3 of the lease: "Lessee acknowledges that the Lease Premises are subject to the Public Trust and are presently available to members of the public for recreation, V A City of Huntington Beach Page 3 waterborne commerce, navigation, fisheries, open space, and any other recognized Public Trust uses. Lessee also agrees that any proposed construction activities and subsequent use of the Lease Premises shall not unreasonably interfere with or limit Public Trust rights and shall do so only to the extent necessary to protect public health and safety during construction activities authorized by Lessor, or when imminent threats to public health and safety are present." The closure of the Pier to the general public requires Commission authorization. An application for Commission authorization is urgently required to avoid continued violations of the lease and unauthorized use for future proposed events. The lease application is available online through our website at httos://www.slc.ca.gov/leases-permits/. A video is available to assist you in completing the application process. Please note that applications can take a minimum of six months to process and schedule for consideration. We 12-28 encourage the City to complete and submit an application as soon as possible. (cont.) The Online Application will require the City to provide the following (at a minimum): • Copies of all currently approved or in process permits for the event with the City of Huntington Beach, United States Coast Guard, California Coastal Commission, and California Department of Fish and Wildlife. • A description of the closure, impacts, and timeline of the event. • An Approximate Expense Deposit for application review and processing. • Photos or diagrams showing where the closure of the pier begins. Required Application for Lease from Event Operator, Code Four: Airshow activities described above, including those occurring on and over the water (e.g., placement of buoys, etc.) and on the portions of the Pier that stand on land waterward of the ordinary high-water mark, also require Code Four to obtain Commission authorization. The lease application is available online through our website at https://www.slc.ca.gov/leases-permits/. A video is available to assist you in completing the application process. Please note that applications can take a minimum of six months to process and schedule for consideration. We encourage you to complete and submit an application as soon as possible. The Online Application will require you to provide the following (as a minimum): V City of Huntington Beach Page 4 • Copies of all currently approved or in process permits with the City of Huntington Beach, United States Coast Guard, California Coastal Commission, and California Department of Fish and Wildlife. • A drawing of the existing activity area, including all dimensions and proposed improvements. • Specific location information on placement of marker buoys. • Specific location information on placement of temporary airstrips/helipads and any other potential encroachments and activities waterward of, or adjacent to the ordinary high-water mark. • An Approximate Expense Deposit for application review and processing. If you fail to apply to the Commission for a lease, as codified in California Public Resources Code sections 6224.3 and following, trespassing structures (including but not limited to buoys) may be subject to administrative enforcement. After an administrative enforcement action, the Commission may impose penalties of up to $1,000 per day until a lease is obtained or the structures are removed. 1 -28(cont.) Conditions to Protect the Bolsa Chica Ecological Reserve: The Commission owns approximately 1200 acres of sovereign lands in the Bolsa Chica Ecological Reserve (BCER). The Commission leases these lands to the California Department of Fish and Wildlife (CDFW) for on-site management. Additionally, the Commission, along with five other state and federal agencies informally referred to as the Bolsa Chica Steering Committee, provides overall management oversight of BCER. Portions of the BCER contain active oil operations, including operating wells and pipelines maintained by California Resources Corporation. An aircraft accident in this area could create legal liability for the parties responsible, in addition to potentially causing ecological and human health and safety damage. CDFW is responsible for the daily on-site management of the BCER, which provides habitat for a rich diversity of fish, wildlife, and plant species, including many listed and special status species. The department is also responsible for regulatory enforcement and management of related recreational, commercial, scientific, and educational uses. During the 2023 airshow, repeated low flyovers by the airshow jets caused disruptions in the normal behavior patterns of many bird species, including V A City of Huntington Beach Page 5 feeding and sheltering at BCER. These repeated low flyovers harassed the bird populations and caused them to take flight each time the airplanes flew over. This action is considered a "take" and is in violation of California Code of Regulations, title 14, section 251 .1 . Additionally, under sections 550, 630 (18), and 632 (121), (122) of title 14, no aircraft operations are permitted in a reserve, and low flyovers are in violation. The sound pollution and overhead flights pose a threat to birds and other wildlife. The BCER is a critical stopover along the Pacific Flyway for hundreds of migratory bird species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 §§ 703-712). These also include threatened and endangered species which are protected under the Federal Endangered Species Act of 1973 (16 U.S.0 §§ 1531-1544), and the California Endangered Species Act of 1970 (Fish & G. Code, Ch. 1 .5, §§ 2050-2115.5). A few that depend heavily on the BCER include the Western snowy plover, Light- footed Ridgway's rail, Coastal California gnatcatcher, and the Belding's savannah sparrow. 12-28 We request your cooperation and compliance in these matters and urge (cont.) the City to contact the Commission to: 1 ) As described above, submit a lease application immediately or contact our office for a meeting to discuss. If you have any questions, please contact either Ken Foster at (916) 574-2555 or by email at kenneth.foster@slc.ca.gov or Kelly Connor at (916) 574-0343 or by email at kelly.connor@slc.ca.gov. 2) Impose conditions on approvals for the 2024 Airshow and future events which disallow any flights directly over the BCER. If you have any questions, please contact Wendy Hall at (916)-574-0994 or wendv.hall@slc.ca.gov. Sincerely, Brian Bugsch Chief, Land Management Division cc: see next page V A City of Huntington Beach Page 6 cc: Michael Gates, City Attorney, City of Huntington Beach Seth Blackmon, CLSC Legal Division 12-28 Warren Crunk, CSLC Legal Division (cont.) Lucinda Calvo, CSLC Legal Division Ken Foster, CSLC Land Management Division Kelly Connor, CSLC Land Management Division Wendy Hall, CSLC Executive Division Attachments . - DocuSign Envelope ID:9511873C-C2B5-494D-896D-AA147C62AE82 STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS ". JENNIFER LUCCHESI,Executive Officer } 916.574.1800 COMMISSION �L TTY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue,Suite 100-South L from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone: 916.574.1900 August 10, 2023 File ref: Lease 6616 Sent via postal and E-Mail (Michael.Gates@surfcity-hb.org) Michael E. Gates City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 12-29 SUBJECT: Required Application for an Amendment of Lease PRC 6616, a General Lease - Public Agency Use for the Operation and Maintenance of Huntington Beach Pier Dear Mr. Gates: Our records indicate that that the City has permitted an operator for an event known as the Huntington Beach Pacific Airshow that will occur in and around the Pacific Ocean, near and on the Huntington Beach.Pier. This is to advise you that the proposed activity constitutes an unauthorized use of State land, under the jurisdiction of the California State Lands Commission (Commission), well outside of the City's current lease rights. As a reminder, the Commission authorized Lease PRC 6616, a General Lease- Public Agency Use, to the City of Huntington Beach (City) for the operation and maintenance of an existing public municipal pier (Huntington Beach Pier or Pier) and related concessions. That lease was authorized for a term of 25 years, beginning June 21, 2018. Staff has become aware that a proposed event, the Huntington Beach Pacific Airshow, will utilize the Pier. Based on the information available, the proposed event will occur for three days, from September 29th through October 1st, will have airshow flights DocuSign Envelope ID:9511873C-C2B5-494D-896D-AA147C62AE82 A City of Huntington Beach Page 2 between 10:30 am to 4:30 pm, and a festival near the Huntington Beach Pier on all three days until 8:00 pm. Additionally, staff understands that the public Pier will be closed to the general public on all three days of the event and that the event operator will only allow access to the Pier through the purchase of a ticket sold by a private vendor. The event requires temporary placement of 16 large white buoys along a 12,000-foot line 500 feet offshore, as well as other buoys marking a "sterile aerobatic box" area, within the Commission's jurisdiction. This degree of restriction on public access and recreation along the beach and in the ocean, where boating will also be restricted, during the event is not authorized by the City's lease. The lands waterward of the ordinary high-water mark remain ungranted sovereign lands under the management of the Commission. As a reminder, the City's lease acknowledges that the Premises are subject to the Public Trust and are available to members of the public. Per Section 2, Paragraph 3 of the lease: "Lessee acknowledges that the Lease Premises are subject to the Public Trust and are presently available to members of the public for recreation, 12-29 waterborne commerce, navigation, fisheries, open space, and any other (cost.) recognized Public Trust uses. Lessee also agrees that any proposed construction activities and subsequent use of the Lease Premises shall not unreasonably interfere with or limit Public Trust rights and shall do so only to the extent necessary to protect public health and safety during construction activities authorized by Lessor, or when imminent threats to public health and safety are present." The closure of the Pier to the general public requires Commission authorization through the form of an amendment to the lease. An application for a lease amendment is urgently required for the proposed event. The lease application is available online through our website at https://www.slc.ca.gov/leases-permits/. A video is available to assist you in completing the application process. We encourage the City to complete and submit an application as soon as possible. The Online Application will require the City to provide the following (at a minimum): • Copies of all currently approved or in process permits for the event with the City of Huntington Beach, United States Coast Guard, California Coastal Commission, and California Department of Fish and Wildlife. • A description of the closure, impacts, and timeline of the event. • Photos or diagrams showing where the closure of the pier begins. v DocuSign Envelope ID:9511873C-C2B5-494D-896D-AA147C62AE82 A City of Huntington Beach Page 2 We request your cooperation in this matter and urge the City to submit a lease application immediately or contact our office for a meeting to discuss. If you have any questions, please contact either Ken Foster at (916) 574-2555 or by email at kenneth.foster@slc.ca.qov or Kelly Connor at (916) 574-0343 or by email at kelly.connor@slc.ca.gov. 12-29 (cont.) Sincerely, "—DoeuSigned by: SS tt. . �D4AAC71802234132... JClfl DIUC:KIIIUFI Chief Counsel, Legal Division cc: Al Zelinka, City Manager, City of Huntington Beach Warren Crunk, CSLC Legal Division Lucinda Calvo, CSLC Legal Division Ken Foster, CSLC Land Management Division Kelly Connor, CSLC Land Management Division DocuSign Envelope ID:9511873C-C2B5-494D-896D-AA147C62AE82 STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer 916.574.1800 COMMISSION L 1TY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue,Suite 100 South from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 `" or for Spanish 800.855.3000 Contact Phone: 916.574.1900 August 10, 2023 Sent via postal and E-Mail (info@pacificairshow.com) Pacific Airshow, LLC 5252 Bolsa Avenue Huntington Beach, CA 92649 12-30 SUBJECT: State Lands Lease Required for the Proposed Pacific Airshow in the Pacific Ocean, Huntington Beach, Orange County Dear Pacific Airshow, LLC: Our records indicate that you are the planned operator of the Huntington Beach Pacific Airshow that will occur in and along the Pacific Ocean, near and on the Huntington.Beach Pier. This is to advise you that the proposed activity will occupy State land under the jurisdiction of the California State Lands Commission (Commission). As general background, the Commission has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable lakes and waterways. The Commission also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub. Resources Code §§ 6009, 6009.1, 6301, and 6306). All tidelands and submerged lands, granted or ungranted, as well as navigable lakes and waterways, are subject to the protections of the common law Public Trust Doctrine. The State of California acquired sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways upon its admission to the United States in 1850. The State holds these lands for the benefit V DocuSign Envelope ID:9511873C-C2B5-494D-896D-AA147C62AE82 A Pacific Airshow, LLC Page 2 of all people of the State for statewide Public Trust purposes, which include but are not limited to waterborne commerce, navigation, fisheries, water-related recreation, habitat preservation, and open space. On tidal waterways, the State's sovereign fee ownership extends landward to the mean high tide line, except for areas of fill or artificial accretion or where the boundary has been fixed by agreement or a court decision. Such boundaries may not be readily apparent from present day site inspections Additionally, please be advised that the Pacific Ocean is subject to the Public Right of Navigation. This right provides that the public may navigate and exercise the incidents of navigation in a lawful manner. Such uses may include, but are not limited to, boating, fishing, hunting, swimming, bathing, standing, wading along the waterfront, anchoring, picnicking, bird watching, and nature study (People ex rel. Baker v. Mack (1971) 19 Cal.App.3d 1040). Events and activities are not allowed to restrict or impede the navigation and recreational rights of the public except under limited circumstances, and only with the 12-30 advance approval and authorization of the Commission. (cont.) Based on the information available, staff understands that the proposed event will occur for three days, from September 29th through October 1st, will have airshow flights between 10:30 am to 4:30 pm, and festival near the Huntington Beach Pier on all three days until 8:00 pm. Additionally, staff understands that the public Huntington Beach Pier will be closed to the public on all three days of the event. There will also be restricted public recreational access along the beach and in the ocean during the event, and boating in the area will be restricted. Moreover, the event requires temporary placement of 16 large white buoys along a 12,000-foot line 500 feet offshore, as well as other buoys marking a "sterile aerobatic box" area, within the Commission's jurisdiction. You are therefore required to obtain a lease from the Commission for the use of State land. The lease application is available online through our website at https://www.slc.ca.gov/leases-permits/. A video is available to assist you in completing the application process. We encourage you to complete and submit an application as soon as possible. The Online Application will require you to provide the following (as a minimum): • Copies of all currently approved or in process permits with the City of Huntington Beach, United States Coast Guard, California Coastal Commission, and California Department of Fish and Wildlife. • A drawing of the existing activity area, including all dimensions and proposed improvements. V DocuSign Envelope ID:9511873C-C2B5-494D-896D-AA147C62AE82 A Pacific Airshow, LLC Page 2 If you fail to apply to the Commission for a lease, as codified in California Public Resources Code sections 6224.3 and following, trespassing structures may be subject to administrative enforcement. After an administrative enforcement action, the Commission may impose penalties of up to $1,000 per day until a lease is obtained or the structures are removed. We request your cooperation in this matter and urge you to submit a lease application immediately or contact our office for a meeting to discuss. If you have any questions, please contact either Ken Foster at (916) 574-2555 or by email at kenneth.foster@slc.ca.gov or Kelly Connor at (916) 574-0343 or by email 12-30 at kelly.connor@slc.ca.gov. (cont.) Sincerely, DocuSpnedd by: Il\ D4MC718o2234D2... seTn tilacKmon Chief Counsel, Legal Division cc: Warren Crunk, Legal Division Lucinda Calvo, Legal Division Ken Foster, Land Management Division Kelly Connor, Land Management Division EXHIBIT 4 STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY GAVIN NEWSOM,GOVERNOR CALIFORNIA COASTAL COMMISSION. South Coast Area Office 301 E.Ocean Blvd,Suite 300 Long Beach,CA 90802-4302 (562).590-5071 February 21,2024 Mr.Michael Gates City Attorney City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Mr.Eric G.Parra Interim City Manager City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Mr.Kevin Elliott Chief Executive Officer Code Four 5252 Bolsa Ave Huntington Beach,CA 92649 . 12-31 Re:October 2023 Pacific Air.Show's Privatization of Public Land and Waters in Huntington Beach Without;a Requisite Coastal Development.Permit Dear Addressees: This letter is written to you regarding the October 2023 Pacific Air Show("the air show"),which is annually authorized by the.City of Huntington Beach("the City")and organized by-Code Four. Coastal Commission("Commission")staff has confirmed that at 2023's air show,and others in previous years,sizeable private bleacher seating was constructed along the shoreline between the Huntington Beach Pier southward to approximately Beach Boulevard,members of the public were prohibited from crossing the shoreline and accessing state tidelands seaward of the bleacher seating, and public access to_the entirety of the Huntington Beach pier was blocked for the exclusive private use of ticket purchasers throughout the duration of the event.t Commission staff has.also confirmed that significant fees were charged for vehicular and RV access to the City's beach parking lots leading up to and during the airshow.2 Prior to and after the 2023 air show,Commission staff sent several emails.and letters to representatives from the City's Department.of Community and Library Services on July 26,2023, August 7,2023,and October 13,2023,raising Commission staffs:questions and potential concerns regarding unpermitted privatization of public land at the 2023.air show,which will be discussed in further detail below,and our desire•to meet with the City to discuss.Unfortunately, Commission staff never received a.substantive response from the.City addressing the concerns or demonstrating a willingness:to meet and discuss further. . . Please see Exhibit for reference. 2 Please see Exhibit 2 for reference. V Page 2 of 12 Please know that Commission staff understands the popularity of this annual event within the Huntington Beach and greater Orange County communities,as well as the economic benefits that such events can produce for local businesses and coastal cities with limited financial resources. Given that context,Commission staff would like to work with the City to appropriately authorize the event and address Commission staff's concerns regarding the.2023 and potential future air show's,privatization of public land on Huntington City Beach,state tidelands at and below the mean high tide line("MHTL"), and the Huntington Beach Pier without a:requisite coastal development permit("CDP").As such,each concern will be discussed separately in further detail below. Partial Closure of State Tidelands and State Waters Commission staff has confirmed that during the October 2023 Airshow: (1)buoys were placed in the ocean south of the Huntington Beach pier to prevent the public from entering and accessing state waters; and(2)fencing and air show personnel were stationed near the shoreline adjacent to the private bleacher seating to prevent the public from accessing adjacent state tidelands. Commission staff understands that the City has permitting authority over the area of the beach' landward of the MHTL.However,the City's Coastal Element,which is part of its certified LCP, provides that the City's LCP policies only apply to the geographic portion of the City that falls within the coastal zone. As such,state tidelands and portions of the Huntington Beach Pier 12-31 at and below the MHTL remain under the Commission's retained permit jurisdiction. See Section (cont.) 245.06.13.1 of the City's LCP Implementation Plan("IP")3 and Coastal Act Section 30519(b)4. Furthermore,Section 245.06 of the City's Municipal Code_states: The Coastal Commission's original permit jurisdiction includes all tidelands,submerged. lands, or public trust lands whether filled or unfilled unless the Coastal Commission has delegated original permit jurisdiction to the City for areas potentially subject to the public trust but which:are determined by the Coastal Commission to be filled, developed, and committed to urban use pursuant to Section 30613 of the Coastal Act.Development located in the Coastal Commission's original permit jurisdiction requires approval of a Coastal Development Permit issued by the Coastal Commission in accordance with the procedure as specified by the California Coastal Act [emphasis added] In addition,under well-settled state law,the State of California(acting by and through the California State Lands Commission("SLC"))owns the.tidelands and submerged lands seaward of the MHTL,and these tidelands are held in public trust for the public.Article X,Section 4 of the California State Constitution states: LCP IP Section 245.06.B1 states:Coastal Permit Issued by the Coastal Commission.Developments on tidelands, submerged lands,or navigable waterways require a permit issued by the California Coastal Commission in accordance with the procedure as specified by the California Coastal Act. 4 Coastal Act Section 30519(b)states:Subdivision(a)shall not apply to any development proposed or undertaken on any tidelands,submerged lands,or on public trust lands,whether filled or unfilled,lying within the coastal zone,nor shall it apply to any development proposed or undertaken within ports covered by Chapter 8(commencing with Section 30700)or within any state university or college within the coastal zone;however,this section shall apply to any development proposed or undertaken by a port or harbor district or authority on lands or waters granted by the Legislature to a local government whose certified local coastal program includes the'specific_development plans for such district or authority. V A Page 3 of 12 No individual,partnership,or corporation,.claiming or possessing the frontage of tidal lands of a harbor,bay,inlet,estuary,or other navigable water in this state shall be permitted to exclude the right of way,to such water whenever it is required for public purpose, nor to destroy or obstruct free navigation of such waters;the Legislature shall enact such as will give the most liberal construction,of this provision so that access to the navigable waters of this State shall always be attainable for the people thereof [emphasis added] Although components of the October 2023 air show within the City's permit jurisdiction may qualify as a temporary event per the City's certified LCP and,thus,may be exempt from CDP requirements,this exemption does not grant the City and/or Code Four the authority to prohibit public access to state tidelands at and below the MHTL at any portion of Huntington City Beach without proper authorization from the Commission.: Partial Closure of Huntington City Beach and Construction Of Private_Bleacher Seating As stated above,Commission staff has confirmed that sizeable private bleacher seating was constructed along the shoreline between the Huntington Beach Pier southward to approximately Beach Boulevard.Commission staff has also confirmed that individual ticket prices listed on the air show's website to access Huntington City Beach between the pier and approximately Beach 12-31 Boulevard during the event varied between$25 and$299, and group seating prices between (cont.) $1,990 and$4,950 depending on thespecific type of seating and accommodations.5 The City's certified LCP generally allows temporary events without a CDP if they meet certain criteria per Section 245.08.H of the City's LCP,Implementation Plan("IP"),and zoning code. However,the.City's Downtown Specific Plan("DSP"),which is also part of the City's LCP IP,and supersedes the City's zoning codes in specific designated areas of Huntington Beach per the City's Coastal Element,requires a CDP for any beach closure in the downtown area. Specifically,the City's DSP Section 3.3.7:15 includes the following requirement regarding the beach area: Closure to public use of any portion of the beach inland of the mean high tide line is not encouraged and requires a coastal,development permit which must maintain the public's right to gain access to State tidelands.Measures that limit public use of the beach:shall be limited to those necessary to address documented public safety events that cause a risk or hazard to the general public and shall be the minimum necessary to address the potential risk or hazard to the general public. The need for continuation of safety measures that limit public access shall be reassessed on a periodic basis to assure maximum public access is provided. Limited closure for beach maintenance may be allowable pursuant to a coastal development permit. [emphasis added] Commission staff notes that Section 245.08 of the City's Municipal Code exempts certain temporary events from CDP requirements.Temporary events include"exclusive use of a sandy beach,parkland,filled tidelands;water, streets or parking area which is otherwise open and available for general public use.""Exclusive use"is defined as: s Please see Exhibit 2 for reference. V A Page 4of12 A use that precludes use in the area of the event forpublic recreation, beach access or access to coastal waters other than for or through the event itself. Sandy beach area includes publicly owned and privately owned sandy areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest. Coastal resources include, but are not limited to,public access opportunities,.visitor and creational facilities, water-oriented activities[.] As stated above, construction of the private bleacher seating on Huntington.City Beach and limiting access to this portion of the beach for ticket purchasers occurred without a CDP in violation of the public access protection policies set forth in the City's DSP Section 3.3.7.15.Again,it is Commission staff's position that DSP Section 3.3.7.15 establishes separate and specific requirements for the downtown beach area that supersede other temporary events exemptions that may Otherwise be authorized in this jurisdiction. Commission staff also understands the City may be concerned that the public was excluded from these portions of state tidelands and state waters due to safety risks associated with the air show,but despite these-concerns,such measures that restrict access to state waters and tidelands require Commission authorization. Complete Closure of Huntington Beach.Pier Commission staff has also confirmed that the entirety of the public municipal Huntington Beach pier("the pier")was closed off with fencing and regulated,by air show personnel for the exclusive use of air show ticket purchasers leading up to and during the event.Tickets to access the pier 12-31 during the air show were listed on the event's website for$50 to$75 per day.6 As referenced above, (cont.) Section 245.06.B of the City's LCP IP and Section 30519(b)of the Coastal Act provide that the Commission retains permit issuing authority over development undertaken On state tidelands,which includes portions of the pier at and seaward of this designation.In addition,the City's Lease No. PRC 6616.1 ("the lease")with the SLC imposes certain Public Trust and contractual obligations on the City regarding public access to the pier,commercialization of the pier,and pier closures.The lease premises includes all portions of the pier from Boundary Line Agreement 84 and the 1955 MHTL designation seaward. Special Provision 3 of the lease provides that: Lessee(the City)acknowledges that the Lease Premises are subject to the Public Trust and are presently available to members of the public for recreation, waterborne commerce, navigation,fisheries, open space, and any other recognized Public Trust uses. Lessee also agrees that any proposed construction activities and subsequent use of-the Lease Premises shall not unreasonably interfere with or limit Public Trust rights and shall do so only to the extent necessary to protect public health and safety during construction'activities authorized by Lessor, or when imminent threats to public health and safety are present. [emphasis added] General Provision 5(g)provides that"use of the Lease Premises for commercial purposes; conducting a business,whether for profit or otherwise;and any subleasing,rental,or any transaction 6 Please see Exhibit 3 for reference. Please see Exhibit 4 for reference. v A Page 5 of 12 whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period." General Provision 6(a)(3)provides that"Lessor(SLC)expressly reserves to the public an easement for convenient access across the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease[.]" General Provision 6(e)provides that"Lessee(the City)shall have the right to exclude persons from the Lease Premises only when their presence or activity.constitutes a material interference with the Lessee's use and enjoyment of the Lease Premises." Closure of the pier,for the private benefit of air show ticket purchasers throughout the duration of the event unreasonably interferes with and limits public trust rights per Special Provision 3 of the lease. Further,this closure was clearly not intended to protect public health and safety during construction related activities per General Provision 6(a)(3),nor did the public's presence on the pier during the air show constitute a material interference with the City's use and enjoyment of the lease premises per General Provision 6(e). These same concerns regarding the October 2023 air show's unauthorized use of the pier were stated in a letter from SLC to City Attorney Mr.Michael Gates on August 10,2023. In that letter, SLC requested that the City apply for a lease amendment to utilize the pier in such a private commercial manner during the airshow.Unfortunately,the City never responded to SLC's letter and 12-31 did not apply for a requisite lease amendment.As such,Commission staff has communicated with (cont.) SLC, and both agencies have determined that the October 2023 air show's unpermitted closure and privatization of the pier constitutes a breach of the above-mentioned conditions of the lease._ Finally,as stated above,the October 2023 airshow prohibited public access to the entirety of the pier throughout the duration of the event,including portions of the pier at and beyond the MHTL, which falls under the Commission's retained jurisdiction.This closure did not receive the necessary authorization from the Commission,and,thus,constitutes a violation of the public access protection policies of the Coastal Act. Increase in.City Beach RV Parking Lot Rates As stated above, Commission staff has confirmed that RV camping spots in City beach parking lots were sold for$4,,500 to camp between Thursday, September 28 and Monday,October 2, 2023. This adjustment was a 1,630%to 1,025%increase in RV camping spot rates as the City normally only charges between$65 and$100 per night depending on the reservation.8 Please note that the City's DSP Section 3.3.7.15 provides: Public beaches and parks shall maintain lower-cost user fees and parking fees, and maximize hours of use to the extent feasible, in order to maximize public access and recreation opportunities.Limitations on time of use or increases in user fees or parking fees shall be subject to coastal development permit requirements in accordance with Chapter 245 of the HBZSO. 8 Please see Exhibit 5 for reference. v A Page 6 of 12 The implementation of restrictions on public parking along public streets with the potential to impede or restrict public access to beaches,trails or parklands,.(including,but not limited to, the posting of"no parking"signs,red curbing,physical barriers and preferential parking programs)shall be prohibited except where such restrictions are needed to protect public safety and where no other feasible alternative exists to provide public safety. Public recreation and access opportunities at public beaches and parks shall be protected, and where feasible, enhanced as an important coastal resource. . .All beach amenities available to the general public on the City's public beaches(including those owned and operated by the City and the State)shall be available to all members of the public on an equal basis. [emphasis added] As such,the City's authorization of the substantial increase in RV camping rates during and throughout the air show discussed above contradicts Section 3.3.7.15 of the City's DSP,which,in part,requires lower-cost parking fees at the City's public beaches.Again,please note that the City's DSP supersedes the City's IP or zoning code for development conducted within the Huntington Beach downtown area per the City's Coastal Element,which:includes the City beach parking lots. Further,it is assured that many,if not most,of the public is not able to afford such rate increases to access this popular beach amenity,which is supported and maintained by taxpayer dollars. 12-31 Potential Changes to Flight Patterns to Avoid Bolsa Chica Ecological Reserve. (cont.) Through this letter Commission staff would also like to address significant environmental concerns related to flight paths during the air show. Commission staff received a copy of the June 29,2023, letter from Carstens,Black&Minteer,LLP representing the Bolsa Chica Land Trust, to the City which raises concerns regarding threats to the wildlife and habitat of the Bolsa Chica Ecological Reserve stemming from the airshow. Commission staff has also received a copy of City Attorney Mr.Michael Gates's July 11,2023,response to that letter. The City's IP states that the Director of Community Development,or the City Council through direction to the director of Community Development,may determine that a temporary event shall be subject to CDP review,even if the criteria set forth in Section 3 are not met,_if the Director or City Council determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources. Such circumstances include situations where the event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas,rare or endangered species,significant scenic resources, or other coastal resources as described in Section 2.As stated in the Bolsa Chica Land Trust's letter,as well as in an August 10,2023 letter emailed to the City, Code Four,and the Federal Aviation Administration("FAA")from SLC and the California Department of Fish and Wildlife("CDFW"),and in another email sent to the City and Code Four from the United States Fish and Wildlife Service("USFWS"),airshows have the potential for significant adverse impacts on local coastal resources,including but not limited to,low aircraft passing over the wetlands and the startling noise of jets causing flushing of rare and endangered species of birds from the Bolsa Chica Ecological Reserve.Furthermore,the proximity of the airshow jets to neighboring oil infrastructure and potential for a crash could release contaminants from the oil infrastructure into the wetlands.As such,this potential for significant adverse impacts to local coastal resources triggers the City to review the airshow per the City's IP,and to consider V A Page 7 of 12 both alternative flight routes and altitude requirements,regardless of whether the airshow qualifies as a discretionary or ministerial project per the California EnvironmentalQuality Act("CEQA''). We ask that the City work with SLC and CDFW and other relevant regulatory agencies to review alternative flight routes and altitude requirements in order to best protect wildlife and wildlife habitat for protected species at the Bolsa Chica Ecological Reserve. Request for Additional Information Through this letter,to better understand the operational roles of the parties involved,and to help explore options for resolution,Commission staff is also requesting copies of both the City's operating agreement with Code Four for the air show,and the fully executed settlement agreement (not an executive summary)between both parties reached in Pacific Airshow, LLC v. City of. Huntington Beach. It appears that these would be public documents available for disclosure under the California Public Records Act and Commission staff expects they will be released to help us determine a mutually desirable outcome. Resolution . . Commission staff would like to reiterate that it is not the intent of this letter,or any subsequent meetings between the City,Commission staff,and other.involved parties to prohibit future air 12-31 shows from taking place in Huntington Beach.However,the October 2023 air show's widespread (cont.) unpermitted privatization of public land discussed in this letter is not compliant with the City's certified LCP,violates public access protection policies of the Coastal Act,and breaches contractual obligations of the City's lease with SLC.As such,to avoid future activities that might expose the City and Code Four to formal enforcement action(s), Commission staff is requesting a meeting with all parties involved to ensure that future air shows may continue operating in a manner compliant with all relevant statutory and contractual requirements.Please contact me via email at spenser.sayre(coastal.ca.gov by March.5,2024,to schedule a meeting and discuss. Sincerely, Spenser Sayre,Esq. South Coast District Enforcement Cc: Kate Huckelbridge,Executive Director,CCC Karl Schwing,Deputy.Director,CCC Lisa Haage,Chief of Enforcement,CCC Andrew Willis,Enforcement Counsel,CCC Meg.Vaughn,Coastal Program Analyst,CCC Wendy Hall,Environmental Program Manager, California State Lands Commission Kelly Connor,Public Land Management Specialist III,California State Lands Commission Lucinda Calvo,Senior Attorney,California State,Lands Commission V A Page 8 of 12 EXHIBIT 1 3 0 r Qv "ll it „ r k -,A__,,,,,,„,r 11 ' -' : -:-.: -. .'' S'. .7...'"'"t--" , 1231 • F k w..�" e. (cont.) •s• 1,•, .A/� PACIFIC AI RSHOW ti, v; At A , . , , 1 I - �► ', ,,a ,,,,,T 11 � ', ....:-.. -fr- • t 1 ' - .; ___ - El _, V A Page 9 of 12 EXHIBIT 2 V o suuscp ac 12-31 RV C.tmping-Si.500 toy 11,v.o,k rd(Tbm sday.Soptemba 2E-Mnnu.ty Octobci 2) (cont.) V A Page 10 of 12 EXHIBIT 3 0 J f 11 o Sl1OSCP111 General Admranon-S2S.Ru:ket pica Seau.ng-S50 Friday.S75 Saturday i Sunday 12-31 (cont.) Premrere Club Sraln9-5199 for Fraley S299 for Saturday I Sunday Cabanas-$3.950 for Friday SO 950 up to 20 papule to Saturday S Sunday Chalet"-S30.000 tot up to gS gursts,S35.000 for up to 135 gueals V A Page 11 of 12 EXHIBIT 4 NO SCALE N. \♦ \ N. N. \ �� \ \ APN:024-150-06/, 'eV el 'Iv\ // �Iv \♦ // Lr, N. / 8 0'J 12-31 (cont.) 7ass 444r . PACIFIC OCEAN EXHIBIT A Page 2 of 2 RPr 0 6114/20 1 8 LAN[)DESCRIPTION PLAT PRC 6616,1,CITY OF CALIFORNIA STATE 1....,_ HUNTINGTON BEACH LANDS COMMISSION ORANGE COUNTY V A Page 12 of 12 EXHIBIT 5 • .eaogee p.....SN..cM NM...-.......a 0SiCY ® Huntington Beach ►oek Now RV CAMPGROUND STANDARD RATE DISCOUNTS AVAILABLE S.Mvy-Tw..dey.f y3 v'•^9M 5.n.r rf3.)/D.144• I,Nay-Se..rder 310D par agv 310 d:counl p.Wed MaLdayi 1100 ow w910 •004a o..al holOwo,M weak kw4ng w a 11af..iMn3 •M.Mow 10lor Sa•a and/a•orb p ad la W.I.dcaau.Neibla aid all week bn«n Cb,Mov.ead mown.,Day. ^Y'u.rN<anprmuuM M.«auponldxr Oa in onlr.r.coMM 3.a,a ADDITIONAL FEES urr...1/mrwd.+ • Se.Oaki..3lDpeenipl.' • &mama.cbaa..l.o,310 12-31 (cont.) Huntington Beach RV Campground(Day after Labor Day-May 31) All campground Information and reservations can be found at www.hbrv.org. HUNTINGTON BEACH RV CAMPGROUND RAILS S15 00 per nigh)(Sunday-Thursday) Carr-,el vehicle or auto with trailer 5100 00 per night(Friday-Saturday& idldays•l 'Servos(62+)and campers with Disabled '65 00 per night(Sunday-Thursday) Person placard 590.00 per night(Friday-SaNlgay 8 -1oloa,s•I Extra venk*fee IS15.00 per calendar day Reservation Cancellation Fee((heater I525 00 than 2-days prior to arrival dale) Reservation Cancellation Fee(2 or less trst NIpM s Daly Rale days prior to amval dale) Change Fee 010.00 Site Lock Fee IS10 00 per night 'Holiday Rates:Thanksgiving Week(Sunday preceding Thanksgiving through Saturday night following Thanksgiving),Christmas Week(day preceding Christmas through New Years Eve),Day preceding Veterans Day(observed) Martin Luther King Jr.Day Presidents'Day,and Memorial Day Contact us: Phone:(714)536-5281(Option 2) Email:nbrvcampgrounSQsurfcrvno off; EXHIBIT 5 STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer COMMISSION 916.574.1800 TTY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue, Suite 100-South L from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone:916.574.1900 J.m March 4, 2024 File Ref: SCH # 2024020006 Connor Hyland Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 connor.hyland@surfcity-hb.org Subject: Notice of Preparation for a Draft Environmental Impact Report for the 12-32 Pacific Airshow Huntington Beach Project, Orange County Dear Connor Hyland, The California State Lands Commission (Commission) staff has reviewed the Notice of Preparation (NOP) for a Draft Environmental Impact Report (DEIR) for the Pacific Airshow Huntington Beach (Project or Airshow), which is being prepared by the City of Huntington Beach (City). The City, as the public agency that must issue a permit for the Project through their Specific Event Permit Process, is the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). Pacific Airshow LLC is applying for the permit and is proposing to carry out the Project. The Commission is a trustee agency for projects that could directly or indirectly affect State sovereign land and their accompanying Public Trust resources or uses. Additionally, because the Project involves work on State sovereign land, the Commission will act as a responsible agency. Commission staff requests that the City consult with us on preparation of the DEIR as required by CEQA section 21153, subdivision (a) and the State CEQA Guidelines section 15086, subdivisions (a)(1) and (a)(2). Staff contacted the City and event operator by letter in August 2023 (see attached 2023 letter) regarding the requirement for a Commission lease or lease amendment for the use of sovereign lands for the 2023 Airshow, as well as concerns regarding Airshow impacts on the Bolsa Chica Ecological Reserve V STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer COMMISSION 916.574.1800 TTY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue, Suite 100-South .. from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone: 916.574.1900 March 4, 2024 File Ref: SCH # 2024020006 Connor Hyland Senior Deputy City Attorney City of Huntington Beach Office of the City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 connor.hyland@surfcity-hb.orq Subject: Notice of Preparation for a Draft Environmental Impact Report for the 12-32 Pacific Airshow Huntington Beach Project, Orange County Dear Connor Hyland, The California State Lands Commission (Commission) staff has reviewed the Notice of Preparation (NOP) for a Draft Environmental Impact Report (DEIR) for the Pacific Airshow Huntington Beach (Project or Airshow), which is being prepared by the City of Huntington Beach (City). The City, as the public agency that must issue a permit for the Project through their Specific Event Permit Process, is the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). Pacific Airshow LLC is applying for the permit and is proposing to carry out the Project. The Commission is a trustee agency for projects that could directly or indirectly affect State sovereign land and their accompanying Public Trust resources or uses. Additionally, because the Project involves work on State sovereign land, the Commission will act as a responsible agency. Commission staff requests that the City consult with us on preparation of the DEIR as required by CEQA section 21153, subdivision (a) and the State CEQA Guidelines section 15086, subdivisions (a)(1) and (a)(2). Staff contacted the City and event operator by letter in August 2023 (see attached 2023 letter) regarding the requirement for a Commission lease or lease amendment for the use of sovereign lands for the 2023 Airshow, as well as concerns regarding Airshow impacts on the Bolsa Chica Ecological Reserve v A Connor Hyland Pg. 2 March 4, 2024 (BCER), which is owned and managed by the Commission. In February 2024, staff again sent letters to the City and event operator (see attached 2024 letter). As previously stated by letter to the City, staff requested coordination with the City and operator to reach a mutually satisfactory resolution on these matters and to achieve a satisfactory approach for the conduct of future Pacific Airshows. As part of the Commission's effort to work with the City, staff offers these comments on the NOP and Initial Study (IS). Commission Jurisdiction and Public Trust Lands The Commission has jurisdiction and management authority over all ungranted tidelands, submerged lands, and the beds of navigable lakes and waterways. The Commission also has certain residual and review authority for tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub. Resources Code, §§ 6009, subd. (c); 6009.1; 6301; 6306). All tidelands and submerged lands, granted or ungranted, as well as navigable lakes and waterways, are subject to the protections of the common law Public Trust Doctrine. As general background, the State of California acquired sovereign ownership of 12-32 all tidelands and submerged lands and beds of navigable lakes and waterways (cost.) upon its admission to the United States in 1850. The State holds these lands for the benefit of all people of the state for statewide Public Trust purposes, which include but are not limited to waterborne commerce, navigation, fisheries, water-related recreation, habitat preservation, and open space. On tidal waterways, the State's sovereign fee ownership extends landward to the mean high tide line, except for areas of fill or artificial accretion or where the boundary has been fixed by agreement or a court. On navigable non-tidal waterways, including lakes,.the State holds fee ownership of the bed of the waterway landward to the ordinary low-water mark and a Public Trust easement landward to the ordinary high-water mark, except where the boundary has been fixed by agreement or a court. Such boundaries may not be readily apparent from present day site inspections. After review of the information contained in the NOP, there are several components.of the Project that would require Commission authorization. The Commission authorized Lease PRC 6616, a General Lease- Public Agency Use, to the City for the operation and maintenance of an existing municipal pier (Huntington Beach Pier or Pier) and related concessions. That lease was authorized for a term of 25 years, beginning June 21, 2018. Staff is aware that the proposed Project will utilize the Pier. The City's lease acknowledges that the Lease Premises, including the Pier, are subject to the Public Trust and are available to members of the public. If the City proposes to close a portion of the pier within the Lease Premises to the general public, the City must obtain V A Connor Hyland Pg. 3 March 4, 2024 Commission authorization through the form of an amendment to the existing lease or issuance of a new lease. Another component of the proposed Project includes the placement of 16 large white buoys along a 12,000-foot line to be located 500 and 1,500 feet offshore, marking the Airshow Performance Area. This area would restrict public access and water-dependent recreation, including boating, during the event; such a restriction is not authorized by the City's lease. The lands waterward of the ordinary high-water mark remain ungranted sovereign lands under the management of the Commission. The placement of the buoys would constitute an additional encroachment on these sovereign lands, and in the absence of Commission authorization would constitute a trespass subject to the Commission's enforcement authority (Pub. Resources Code, §§ 6216.1, 6224.3 et seq., 6301, 6303.1; 2 CCR § 3002). Therefore, the placement of the buoys in the ocean will require Commission authorization. The proposed Project also includes a helicopter landing/runway display on a temporary helipad to be generally located within an open area directly in front of the Main Hospitality Area during the hours of the airshow. However, based on the current Project information, the proposed runway may encroach waterward 12-32 of the ordinary high-water mark and within sovereign land subject to the (cont.) Commission's leasing jurisdiction. In addition, construction activities associated with the proposed runway may temporarily encroach on sovereign land and require Commission authorization. Please provide staff with more detailed Project plans that show the specific proposed location of the landing/runway. Therefore, the proposed Project will require an application for an amendment of the existing lease or a new lease. Information on the Commission's leasing process can be found online at www.slc.ca.gov/leases-permits/, the online application can be found at www.oscar.slc.ca.gov/, and any related questions can be directed to Mr. Kelly Connor (contact information below). In addition, the Commission owns approximately 1 ,200 acres of sovereign lands in the BCER located within the Project's Temporary Flight Restriction (TFR) Area. The Commission leases these lands to the California Department of Fish and Wildlife (CDFW) for on-site management. Additionally, the Commission, along with five other state and federal agencies informally referred to as the Bolsa Chica Steering Committee, provides overall management oversight of the BCER. Project Description Pacific Airshow LLC proposes the Pacific Airshow Huntington Beach Project to meet the following objectives and needs: V A Connor Hyland Pg. 4 March 4, 2024 • Provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area and beyond. • Feature civilian and military aircraft flybys and aerial acrobatics, air racing; and helicopter, electric vehicle, drone, and emerging aviation/mobility technology displays. • Provide visitor-serving entertainment, services, and amenities. • Provide an event that reduces potential impacts to the surrounding sensitive habitat including the Bolsa.Chica Ecological Reserve, the Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover. From the Project Description, Commission staff understands that the Project would include the following components that have potential to impact State sovereign land and Public Trust resources: • . Practice flyovers and flight paths: Practice flyover events are proposed to begin the Monday before the start date of the Pacific Airshow event. • Airshow event activities: Aerial event activities are proposed to take place 12-32 over a 3 to 5-day period. Event activities include daytime and nighttime (cont.) events which start at 10:30 AM and nighttime flyovers and/or parachute jumps planned to take place during the evening hours. • Beach Airstrip: The IS states that a helicopter landing/runway display activity (pg.2-8) will be held on a temporary airstrip built out on the beach in front of the Main Hospitality Area (pg. 2-11). • Pyrotechnic nightly shows: A nighttime proposed activity (pg. 2-8) that may be discharged from flyover aircraft, the Huntington Beach Pier, or an ocean barge. • Event amenities: Event amenities, such as food trucks, wave pool, demonstrations, competitions, drones, and additional events. • Trash containment and removal: Containment and removal of trash during the event and following the breakdown of the event. • Single-use plastics: Event vendors providing services and amenities during the event will be strongly encouraged to not use plastic by the Project Sponsor (pg. 2-14). Environmental Review . Commission staff requests that the City consider the following comments when preparing the DEIR to ensure that.impacts'to State sovereign land and Public Trust resources are adequately analyzed. V A Connor Hyland Pg. 5 March 4, 2024 General Comments 1. Project Description: The Project description (PD) provided in the IS discusses former airshow events as well as future proposed airshow events that would include an expansion of the event from 3 to up to 5 days, with later event stop times (10 PM to 11 PM), and would include many additional proposed activities (e.g., pyrotechnic shows, nighttime music festival). The IS states that the performers and types of aerial activities are likely to change each year (pg. 2-10). The Project description for future airshow events is currently broad and lacks pertinent details for evaluating environmental impacts from all the proposed Project activities. All proposed activities and their environmental impacts must be evaluated in the DEIR. In addition, the DEIR must identify and describe the most impactful combination of activities that could possibly occur (the "worst-case scenario") and carry forward the full environmental impact analysis for that scenario. A thorough and complete PD should be included in the DEIR to facilitate meaningful environmental review of potential impacts, mitigation measures, and alternatives. The PD should be as precise as possible in describing the details of all allowable activities that originate within or outside the IS's 12-32 identified Project area (e.g., flight paths from origin airports for practice and (cont.) event airshow activities, types of aircraft, maximum area of impact, locations of activities within the Project area, etc.), as well as the details of the timing and length of activities. Thorough descriptions will facilitate Commission staff's determination of the extent and locations of its leasing jurisdiction, make for a more robust analysis of the work and activities that may be performed, and minimize the potential for subsequent environmental analysis to be required. 2. Project Description - Project Area: The IS states on pg. 2-1 that "The Show Center Area and Airshow Performance Area collectively comprise of the Project Site." However, many Project-related activities (e.g., Project-related flights) also occur within the Project's "temporary flight restriction (TFR) airspace" defined on pg. 2-1 as the "five nautical mile (NM) ring centered on the center of the Airshow's aerobatic box." For purposes of the DEIR, the definition of the Project Site should be expanded to encompass the TFR area. At a minimum, the DEIR should clearly identify a Project Study Area to include the Show Center Area, the Airshow Performance Area, and the 5 nautical mile TFR ring and fully describe and analyze all Project activities and impacts within. Staff encourages the City to work with Pacific Airshow LLC to incorporate Project design changes in the DEIR to avoid sensitive areas like the BCER and that include minimum flight altitude restrictions. In addition, the IS does not include the locations of the various event amenities within the Project area. Staff recommends having specific locations for these event amenities described in the DEIR. V A Connor Hyland Pg. 6 March 4, 2024 3. CEQA Document: If the City is unable to identify a worst-case scenario for Project-level EIR analysis (see comment #1, above), then staff suggests that the City consider using a programmatic environmental impact report (PEIR). A PEIR may be more appropriate than a Project EIR to provide for flexibility in evaluating various activities or components during the projected 10-year timeline for the Pacific Airshow. In addition, a PEIR may allow for future CEQA documents and subsequent environmental impact analyses to evaluate any event activities that are not currently identified. 4. Required Approvals: Staff notes that the IS omits the Commission from the list of public agencies with approval authority over the Project. In the DEIR's Review and Approvals section, please include: 1) the Commission's Responsible agency review of the Final EIR and adoption of an independent Mitigation Monitoring Program, and 2) Approval of a State Lands Lease(s) and/or Lease Amendment. In the DEIR's list of public agencies whose approval is required, please include the Commission as a CEQA Responsible Agency. 5. Helipad/Temporary airstrip: The DEIR should expand upon the IS's description of the helicopter landing/runway display (IS pgs. 2-5, 2-8, 2-10, and 2-1 1) and 12-32 clarify that the airstrip may be used for planes as well as helicopters. A recent (cont.) February 15, 2024, media event promoting the Project featured Airshow operator Kevin Elliott and the City's Mayor each arriving at the beach on small planes. Local media covering the event reported, "For this year's air show, event organizers will construct a temporary runway on the beach where planes will land and take off right in front of spectators."1 In addition, the IS states on pg. 2-8 that the temporary helipad will be constructed in front of the Main Hospitality Area to provide a landing/runway area for aerial performances. The DEIR should provide a robust description of the construction of this runway or airstrip and include the estimated depth of excavation, as repeated references to this project component in the IS describe construction activities as simply "at or near-grade on the sand" (pg. 3-19). Biological Resources 6. Bolsa Chica Ecological Reserve and Special Status Species: BCER is home to over twenty-two special status species and is designated by the U.S. Environmental Protection Agency as a critical flyway for migratory birds. Pg. 2-6 of the IS states that "Preliminary Project objectives include" providing "an event that reduces potential impacts to the surrounding sensitive habitat Orange County Register, "Huntington Beach air show will land planes on the beach for this year's event" (Feb. 15, 2024)( https://www.ocregister.com/2024/02/15/huntington-beach-air- show-will-land-planes-on-the-beach-for-this-years-event/). V A Connor Hyland Pg. 7 March 4, 2024 including the Bolsa Chica Ecological Reserve, the Huntington Beach Wetlands, the Magnolia Marsh, and special-status wildlife species such as the federally endangered California least tern and western snowy plover." However, to accomplish this objective, the DEIR must analyze the Project's potential impacts on these sensitive habitats and formulate enforceable mitigation measures to address the CDFW on-site management team's documented impacts on BCER that have occurred during past Airshows as stated in the August 25, 2023,joint letter from the Commission and CDFW, to the City and airshow operator, Code Four (see attached 2023 letter). While pg. 2-10 of the IS states that "many of the aircraft...seldom fly over land...", this statement conflicts with multiple observations over multiple years, as referenced in the letters sent by Commission on August 25, 2023, and February 20, 2024, to the City and the airshow operator. These letters document incidents during the 2021, 2022, and 2023 airshows of repeated low flyovers by the airshow jets that caused disruptions in the normal behavior patterns of many bird species, including feeding and sheltering, at BCER. These repeated low flyovers harassed the bird populations and caused them to take flight each time the airplanes flew over. This action is considered a "take" and is in violation of California Code of Regulations, title 14, section 12-32 251 .1 and U.S. Fish and Wildlife regulations 50 CFR 17.3. Additionally, under (cont.) sections 550, 630 (18), and 632 (.121), (122) of title 14, no aircraft operations are permitted in a reserve, and low flyovers are in violation. The sound pollution and overhead flights pose a threat to birds and other wildlife. The BCER is a critical stopover along the Pacific Flyway for hundreds of migratory bird species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 §§ 703-712) and include threatened and endangered species which are protected under the Federal Endangered Species Act of 1973 (16 U.S.0 §§ 1531-1544), and the California Endangered Species Act of 1970 (Fish & G. Code, Ch. 1 .5, §§ 2050-2115.5). The DEIR should include an evaluation of noise and vibration impacts on fish, birds, and other wildlife from the event's operations activities (practice flyovers and aerial events, pyrotechnic shows, amplified sound, etc.) within the Project radius (5-mile TFR radius centered on the airshow performance area, IS Figure 3), which includes BCER. To support the DEIR's noise and vibrations analyses and environmental impact significance determinations, staff expects the document to also include representative flight paths for practice flyover and aerial event performances. 7. Existing and Regulatory Settings: For all land under the Commission's jurisdiction, the DEIR must disclose and analyze all potentially significant effects on sensitive species and habitats in and around the Project Site, including special status wildlife, fish, and plants, and if appropriate, identify V A Connor Hyland Pg. 8 March 4, 2024 feasible mitigation measures to reduce those impacts. The City should conduct queries of the CDFW's California Natural Diversity Database and U.S. Fish and Wildlife Service's (USFWS) Special Status Species Database to identify any special status plant or wildlife species that may occur in the Project area. The DEIR should also include a discussion of early consultation with the CDFW, USFWS, and National Marine Fisheries Service (NMFS), as applicable, and identify any potentially required permits identified by these agencies. Additionally, the DEIR's regulatory setting for Biological Resources should include discussion of CDFW regulations prohibiting the use of any "aircraft, hovercraft, or hot air balloon" in Ecological Reserves and other CDFW sites without first obtaining a CDFW Special Use Permit (Cal. Code Regs., tit. 14, § 550 (aa)). The regulatory setting should also include other relevant laws and regulations pertaining to aircraft restrictions in CDFW sites.2 8. Drones: The IS states that drone and similar small aircraft technology will be flown as part of the Project, including on pg. 2-8 ("Aircraft static, EV, drone and other urban air mobility (UAM) technology displays and aerial 12-32 competitions to occur") and pg. 2-9 ("The Applicant would conduct (cont.) scheduled drone flights throughout the event days for capture of event promotional footage and documentation of event layouts in various areas"). The DEIR should include analysis of potential impacts should drones and similar technology stray into the BCER and include mitigation measures to avoid such impacts. Mitigation could include, but not be limited to, requiring Airshow UAM operators to utilize the FAA's B4UFIy app. See CDFW Wildlife Areas and Ecological Reserves Added to FAA's Drone Mobile App (httr s://wildlife.ca.gov/News/Archive/cdfw-wildlife-areas-and-ecological- reserves-added-to-faas-drone-mobile-app#gsc.tab=0). A recent example of drone impacts occurred on May 12, 2021, when an illegally operated drone crashed in the BCER, resulting in approximately 3,000 Elegant Terns leaving their nesting grounds and abandoning an estimated 2,000 eggs,3 resulting in a massive reproductive loss for the species, which has only four known nesting sites left on earth.4 9. Trash/Trash Removal: The DEIR should include best management practices and mitigation measures to ensure trash, including streamer drops from the Pacific Airshow's opening ceremonies, will be properly contained for the 2 Including but not limited to section 3503 of the Fish and Game Code and California Code of Regulations, title 14, sections 251, 251.1. 3 See CDFW webpg., Legal and Responsible Drone Operations: Wildlife Disturbance (https://wildlife.ca.gov/Drones). 4 National Public Radio, "A Single Drone Has Harmed A Generation Of Wildlife" (June 22, 2021)(https://www.npr.org/2021/06/22/1008986922/a-single-drone-has-harmed-a-generation-of- wildlife). v A Connor Hyland Pg. 9 March 4, 2024 duration of the event and not overflow to the surrounding beach, water, and greater coastal area, including BCER. Trash can present environmental hazards to species through exposure or ingestion and lead to degradation of habitat. Staff also strongly encourages the Project sponsor to not only "strongly encourage," but require event vendors to avoid single-use plastics (i.e., carry-out bags, cutlery), to the extent feasible, as they are a danger to wildlife (e.g., ingestion, entanglements, etc.). Air Quality 10. Criteria Pollutants: The IS identified a potentially significant impact to air quality, during the Pacific Airshow's operations phase, from a net increase of criteria pollutants. However, the IS also determined that "There would be no potential for construction or construction-related ground disturbance generating net new emissions or net new increase in short-term construction employment." (p.3-10) and "There would be no potential for construction or construction-related ground disturbance generating a considerable net increase in emissions of ozone precursors (VOC and NOX), PM10, and PM2.5. 12-32 / No further analysis of this issue in the EIR is required." (p. 3-11) The IS also (cont.) notes that the Project would include constructing a temporary airstrip on the beach in front of the Main Hospitality Area. Commission staff expects the City to include in the DEIR emissions modeling results for both construction- and operations-related criteria pollutant emissions as well as the associated impact analyses and feasible mitigation measures. 11.Air Quality Management Plan -existing non-attainment: The IS identified a less than significant impact when evaluating conflicts with or obstructions to the South Coast Air Quality District's (District) Air Quality Management Plan (AQMP). The District provides criteria to evaluate a Project's consistency, which includes "Criterion 1: Will the project result in any of the following:-An increase in the frequency or severity of existing air quality violations..." (p. 3-9). For those criteria pollutants where the region is already in non-attainment, the IS does not adequately discuss why a Project that creates a potentially significant impact by increasing the emission of criteria pollutants (pg. 3-11) does not also create an increase in the frequency and/or severity of the existing non-attainment violations. In addition, the IS artificially and improperly restricts new emissions to those occurring from "on-site" activities ("The competitions and art installations would not result in new emissions from on- site activities. The temporary event structures would also be similar in scale and location to previous Airshows since 2016 (except in 2020) and would not result in new emissions from on-site activities.")(Id.) By extending the airshow festival length and adding potential activities, the proposed Project does contemplate an increase in criteria pollutant emissions over any potential V Connor Hyland Pg. 10 March 4, 2024 CEQA baseline. The extended airshow festival will result in increased aircraft emissions that should be carried forward and analyzed in the DEIR. Please also consider including emissions evaluations from idling cars sitting in traffic that could contribute to air quality impacts. The DEIR should thoroughly describe the impact of the Project on air quality and the efforts to avoid, minimize, and mitigate those impacts. Staff recommends the inclusion of traffic mitigations to help reduce further impacts to air quality. Recreation 12.Public Access: The IS states on pg. 2-10 that "Access to the pier ocean ward [sic] of the seating area shall remain open to the public" and on pg..2-12, "Public access (for non-ticket holders) to the Pier would remain open during future Airshows. Only a portion of the Pier would be reserved for seated ticketholders and pier ingress and egress would still be provided." Regarding coastline access, the IS states at pg. 3-41 that "vertical and horizontal access to the coastline would be maintained throughout the duration of the.event." While the IS evaluates.physical deterioration related to beach activity and 12-32 beach use (pg. 3-50), the Recreation discussion does not include potential (cont.) impacts to public use of and recreational opportunities on the beach or pier. As the City is not restricted to those questions suggested within the CEQA Guidelines, Appendix G checklist, please include the following impact question as part of the DEIR's recreation analysis: "Would the project interfere with existing public use of and recreational opportunities related to the pier and beach?" As part of the analysis, the document should detail, both in text and in diagrams and/or pictures, how public access to the pier and beach will be maintained. Staff recommends that the City consider incorporating public access monitors as potential mitigation to ensure that Project activities do not inhibit or discourage access to public beaches and the Huntington Beach Pier. Hazardous Materials 13.Hazards and Hazardous Materials: Although the IS determined that there were no potentially significant impacts from reasonably foreseeable upset and accident conditions involving the release of hazardous,materials into the environment (pg. 3-32), the Project has a potential significant impact related to Hazards and Hazardous Materials that should be further evaluated in the DEIR. For example, despite the statement on pg. 2-5 that no oil drilling or oil extraction occurs "within the nearby vicinity," numerous onshore oil wells and related pipelines are nearby, in addition to wells in and adjacent to the BCER. In fact, as the IS notes (pg. 2-5), the 2021 airshow was cut short by an oil spill originating from an offshore oil pipeline. While that particular incident represented an impact on the Airshow from existing activities, the converse is V A Connor Hyland Pg. 11 March 4, 2024 also reasonably foreseeable, as the Project has the potential to exacerbate existing environmental risks due to the performance of high-risk aerobatic flights over active oil fields, including those in the BCER (California Bldg. Indus. Ass'n v Bay Area Air Quality Mgmt. Dist. (2015) 62 Cal.4th 369, 377, 388-389.). Such overflights have occurred repeatedly in past years' airshows, despite the statement in the IS that airshow aircraft "seldom fly over land" (pg. 2-10). Thus, the reasonably foreseeable potential significant impact of an aircraft accident triggering an oil or hazardous material spill should be analyzed in the DEIR, along with avoidance strategies (for example, by avoiding overflights of BCER) and/or mitigation measures. The IS states at pg. 2-9 that streamer drops are anticipated as part of the opening ceremony on each day of the Airshow. The DEIR should describe and analyze the potentially significant impact that could occur should streamers land on power lines in the BCER and start a fire. During the 2022 Airshow, streamer drops resulted in streamers landing in the BCER near powerlines, leading the BCER CDFW on-site manager to contact Commission staff with concerns about the risk of fire in the active oil field within the BCER. Please see the previous paragraph as well as comment #1, Project 12-32 Description, for suggestions on Project design changes and requests for (cont.) mitigation measures. Tribal Cultural Resources 14.Consideration of Tribal Cultural Resources: The IS identifies potentially significant impacts to Tribal Cultural Resources (pg. 3-54) but reports that the Project activities would not result in any permanent structures and that no excavations, grading, or trenching would be associated with the construction phase. The inclusion of a beach airstrip in the Project area challenges this conclusion. AB 52 includes both procedural and substantive requirements, including the requirement that lead agencies strive to avoid significant adverse changes to tribal cultural resources, regardless of whether consultation is requested or occurs, and incorporate mitigation measures recommended by tribes unless the lead agency determines those suggestions are not feasible. Please note that it is the Commission's broader policy to go beyond the requirements of AB 52 by conducting outreach and consultation with all tribes culturally affiliated with a Project area, as determined by the Native American Heritage Commission, for a proposed Project that may have significant effects on tribal cultural resources. The Commission strongly encourages early, frequent, and meaningful engagement with all culturally affiliated tribes that may be affected by this Project. V A Connor Hyland Pg. 12 March 4, 2024 Alternatives 15.Alternatives: Staff recommends the inclusion of a no-Project alternative to provide a baseline for establishing environmental conditions in the Project area. Additionally, if the PD is not revised to specify no overflights will occur over the BCER, then staff recommends the City identify and analyze an alternative which excludes flight paths over the BCER, to potentially reduce the level of impacts to State and Federally protected species. In addition to describing mitigation measures that would avoid or reduce the potentially significant impacts of the Project, the City should identify and analyze a range of reasonable alternatives to the proposed Project that would attain most of the Project objectives while avoiding or reducing one or more of the potentially significant impacts (see State CEQA Guidelines, § 15126.6). Environmental Justice 16.Environmental Justice: Environmental Justice is defined by California law as "the fair treatment and meaningful involvement of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and 12-32 policies." (Gov. Code § 65040.12) This definition is consistent with the Public (cont.) Trust Doctrine's principle that management of trust lands is for the benefit of all people. The Commission adopted an updated Environmental Justice Policy and Implementation Blueprint in December 2018 to ensure that environmental justice is an essential consideration in the agency's processes, decisions, and programs. The twelve goals outlined in the Policy reflect an urgent need to address the inequities of the past, so they do not continue. Through its policy, the Commission reaffirms its commitment to an informed and open process in which all people are treated equitably and with dignity, and in which its decisions are tempered by environmental justice considerations. Although not legally required in a CEQA document, Commission staff suggests that the City include a section describing the environmental justice community outreach and engagement undertaken in developing the DEIR and the results of such outreach. The California Office of Environmental Health Hazard Assessment developed the CalEnviroScreen mapping tool to assist agencies with locating census tracts near proposed Projects and identifying the environmental burdens, should there be any, that disproportionately impact those communities. Environmental justice communities often lack access to the decision-making process and experience barriers to becoming involved in that process. It is crucial that these communities are consulted as early as possible in the Project planning process. Commission staff strongly recommends using the CalEnviroScreen V A Connor Hyland Pg. 13 March 4, 2024 tool and then, as applicable, reaching out through local community-based organizations, such as Communities for a Better Environment and Orange County Environmental Justice. Engaging in early outreach will facilitate more equitable access for all community members. In this manner, the CEQA public comment process can improve and provide an opportunity for more members of the public to provide input related to environmental justice. Commission staff also recommends incorporating or addressing opportunities for community engagement in mitigation measures. Furthermore, a key goal in the Commission's Environmental Justice Policy and Implementation Blueprint is increasing and supporting equitable public access, as discussed in comment #12, above. Commission staff recommends the City consider environmental justice communities in their analysis. Commission staff will review the environmental justice outreach and associated results as part of any future Commission action. Thank you for the opportunity to comment on the NOP for the Project. As a trustee and responsible agency, Commission staff requests consultation on this Project and to be kept advised of changes to the Project Description and all other important developments. Please send additional information on the 12-32 Project to the Commission staff listed below as the DEIR is being prepared. (cont.) Please refer questions concerning environmental review to Robin Tuohy, Environmental Scientist, at Robin.Tuohy@slc.ca.gov and Christine Day, Environmental Scientist, at Christine.Day@slc.ca.gov. For questions concerning Commission leasing jurisdiction, please contact Kelly Connor, Public Land Management Specialist III, at Kelly.Connor@slc.ca.gov. For questions related to the BCER, please contact Wendy Hall, Environmental Program Manager, at Wendy.Hall@slc.ca.gov. Sincerely,da &defi2D-c: Nicole Dobroski Chief Division of Environmental Science, Planning, and Management Attachments: 1) February 24, 2024, letter from Commission staff to City of Huntington Beach and Code Four 2) August 25, 2023, letter from Commission staff to City of Huntington Beach cc: Office of Planning and Research R. Tuohy, Commission V A Connor Hyland Pg. 14 March 4, 2024 C. Day, Commission 12-32 K. Connor, Commission (cont.) W. Hall, Commission L. Calvo, Commission Y. Ramirez, Commission STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer 916.574.1800 COMMISSION TTY CA Relay Service:711 or Phone 800.735.2922 100 Howe Avenue,Suite 100-South . _ _L_ from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone: 916.574.1900 :‘,/ :6,58 February 20, 2024 File ref: Lease 6616 Sent via postal and E-Mail (Eric.Parra@surfcity-hb.org) Mr. Eric G. Parra Interim City Manager City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Mr. Kevin Elliott 12-33 Chief Executive Officer Code Four 5252 Bolsa Ave Huntington Beach, CA 92649 SUBJECT: Required Application for Commission Authorization for the Operation and Maintenance of Huntington Beach Pier and Pacific Ocean AND Conditions to Protect the Bolsa Chica Ecological Reserve Dear Mr. Parra and Mr. Elliott: In 2023, the State Lands Commission (Commission) sent two letters to the city of Huntington Beach (City) and the event operator, Code Four prior to last year's Huntington Beach Pacific Airshow expressing concerns which were subsequently not addressed by either the City or Code Four. The letters are attached. These issues remain unresolved, and the Commission requests coordination with the City and Code Four to reach a mutually satisfactory resolution on these matters and to achieve a satisfactory approach for the conduct of future Pacific Airshows. Commission staff is aware of the Notice of Preparation/Initial Study the City has issued for an Environmental Impact Report V A City of Huntington Beach Page 2 for the Airshow, and staff will send a separate CEQA comment letter as part of the CEQA process. Required Application for Commission Authorization for the Operation and Maintenance of Huntington Beach Pier and Sovereign Land in the Pacific Ocean: In 2023, the City permitted Code Four for an event known as the Huntington Beach Pacific Airshow that occurred in and around the Pacific Ocean, near and on the Huntington Beach Pier. This is to advise you that the activity constituted an unauthorized use of State land, under the jurisdiction of the California State Lands Commission (Commission), well outside of the City's current lease rights. As a reminder, the Commission authorized Lease PRC 6616, a General Lease - Public Agency Use, to the City for the operation and maintenance of an existing public municipal pier (Huntington Beach Pier or Pier) and related concessions. That lease was authorized for a term of 25 years, beginning June 21, 2018. Based on the information available, the 2023 event occurred for three 12-33 days, from September 29th through October 1st, with airshow flights between (cont.) 10:30 am to 4:30 pm, and a festival near the Huntington Beach Pier on all three days until 8:00 pm. Additionally, staff understands that the public Pier was closed to the general public on all three days of the event and that the event operator allowed access to the Pier through the purchase of a ticket sold by a private vendor. While staff were informed by the City that public access to the pier would still be available during the event, photographs of the pier during the event do not indicate that public access was provided. In addition, the event required the temporary placement of 16 large white buoys along a 12,000-foot line 500 feet offshore, as well as other buoys marking a "sterile aerobatic box" area, within the Commission's jurisdiction. This degree of restriction on public access and recreation along the beach and in the ocean, where boating was also restricted during the event, is not authorized by the City's lease. The lands waterward of the ordinary high-water mark remain ungranted sovereign lands under the management of the Commission. As a reminder, the City's lease acknowledges that the Premises are subject to the Public Trust and are available to members of the public. Per Section 2, Paragraph 3 of the lease: "Lessee acknowledges that the Lease Premises are subject to the Public Trust and are presently available to members of the public for recreation, v A City of Huntington Beach Page 3 waterborne commerce, navigation, fisheries, open space, and any other recognized Public Trust uses. Lessee also agrees that any proposed construction activities and subsequent use of the Lease Premises shall not unreasonably interfere with or limit Public Trust rights and shall do so only to the extent necessary to protect public health and safety during construction activities authorized by Lessor, or when imminent threats to public health and safety are present." The closure of the Pier to the general public requires Commission authorization. An application for Commission authorization is urgently required to avoid continued violations of the lease and unauthorized use for future proposed events. The lease application is available online through our website at https://www.slc.ca.gov/leases-permits/. A video is available to assist you in completing the application process. Please note that applications can take a minimum of six months to process and schedule for consideration. We encourage the City to complete and submit an application as soon as possible. 12-33 (cont.) The Online Application will require the City to provide the following (at a minimum): • Copies of all currently approved or in process permits for the event with the City of Huntington Beach, United States Coast Guard, California Coastal Commission, and California Department of Fish and Wildlife. • A description of the closure, impacts, and timeline of the event. • An Approximate Expense Deposit for application review and processing. • Photos or diagrams showing where the closure of the pier begins. Required Application for Lease from Event Operator, Code Four: Airshow activities described above, including those occurring on and over the water (e.g., placement of buoys, etc.) and on the portions of the Pier that stand on land waterward of the ordinary high-water mark, also require Code Four to obtain Commission authorization. The lease application is available online through our website at https://www.slc.ca.gov/leases-permits/. A video is available to assist you in completing the application process. Please note that applications can take a minimum of six months to process and schedule for consideration. We encourage you to complete and submit an application as soon as possible. The Online Application will require you to provide the following (as a minimum): V A City of Huntington Beach Page 4. • Copies of all,currently approved or in process permits with the City of Huntington Beach, United States Coast Guard, California Coastal Commission, and California Department of Fish and Wildlife. • A drawing of the existing activity area, including all dimensions and proposed improvements. • Specific location information on placement of marker buoys. • Specific location information on placement of temporary airstrips/helipads and any other potential encroachments and activities waterward of, or adjacent to the ordinary high-water mark. • An Approximate Expense Deposit for application review and processing. If you fail to apply to the Commission for a lease, as codified in California Public Resources Code sections 6224.3 and following, trespassing structures (including but not limited to buoys) may be subject to administrative enforcement. After an administrative enforcement action, the Commission may impose penalties of up to $1,000 per day until a lease is obtained or the structures are removed. 12-33 (cont.) Conditions to Protect the Bolsa Chica Ecological Reserve: The Commission owns approximately 1200 acres of sovereign lands in the Bolsa Chica Ecological Reserve (BCER). The Commission leases these lands to the California Department of.Fish and Wildlife (CDFW) for on-site management. Additionally, the Commission, along with five other state and federal agencies informally referred to as the Bolsa Chica Steering Committee, provides overall management oversight of BCER. Portions of the BCER contain active oil operations, including operating wells and pipelines maintained by California Resources Corporation. An aircraft accident in this area could create legal liability for the parties responsible, in addition to potentially causing ecological and human health and safety damage. CDFW is responsible for the daily on-site management of the BCER, which provides habitat for a rich diversity of fish, wildlife, and plant species, including many listed and special status species. The department is also responsible for regulatory enforcement and management of related recreational, commercial, scientific, and educational uses. During the 2023 airshow, repeated low flyovers by the airshow jets caused disruptions in the normal behavior patterns of many bird species, including V A City of Huntington Beach Page 5 feeding and sheltering at BCER. These repeated low flyovers harassed the bird populations and caused them to take flight each time the airplanes flew over. This action is considered a "take" and is in violation of California Code of Regulations, title 14, section 251 .1. Additionally, under sections 550, 630 (18), and 632 (121), (122) of title 14, no aircraft operations are permitted in a reserve, and low flyovers are in violation. The sound pollution and overhead flights pose a threat to birds and other wildlife. The BCER is a critical stopover along the Pacific Flyway for hundreds of migratory bird species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 §§ 703-712). These also include threatened and endangered species which are protected under the Federal Endangered Species Act of 1973 (16 U.S.0 §§ 1531-1544), and the California Endangered Species Act of 1970 (Fish & G. Code, Ch. 1 .5, §§ 2050-2115.5). A few that depend heavily on the BCER include the Western snowy plover, Light- footed Ridgway's rail, Coastal California gnatcatcher, and the Belding's savannah sparrow. We request your cooperation and compliance in these matters and urge 12-33 the City to contact the Commission to: (cont.) 1) As described above, submit a lease application immediately or contact our office for a meeting to discuss. If you have any questions, please contact either Ken Foster at (916) 574-2555 or by email at kenneth.foster@slc.ca.gov or Kelly Connor at (916) 574-0343 or by email at kelly.connor@slc.ca.gov. 2) Impose conditions on approvals for the 2024 Airshow and future events which disallow any flights directly over the BCER. If you have any questions, please contact Wendy Hall at (916)-574-0994 or wendy.hall@slc.ca.gov. Sincerely, Brian Bugsch Chief, Land Management Division cc: see next page V A City of Huntington Beach Page 6 cc: Michael Gates, City Attorney, City of Huntington Beach Seth Blackmon, CLSC Legal Division Warren Crunk, CSLC Legal Division 12-33 Lucinda Calvo, CSLC Legal Division (cont.) Ken Foster, CSLC Land Management Division Kelly Connor,,CSLC Land Management Division Wendy Hall, CSLC Executive Division Attachments DocuSign Envelope ID:546BD703-6F32-49D5-8A10-5D773405B818 STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS JENNIFER LUCCHESI,Executive Officer COMMISSION y+ 916.574.1800 100 Howe Avenue,Suite 100-South TTY CA Relay Service:711 or Phone 800.735.2922 � from Voice Phone 800.735.2929 Sacramento, CA 95825-8202 or for Spanish 800.855.3000 Contact Phone:916.574.1900 August 25, 2023 Sent via postal and E-mail (Michael.Gates@surfcity-hb.org) Michael E. Gates City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, California 12-34 Subject: Huntington Beach Airshow- conditions to protect the Bolsa Chica Ecological Reserve Dear Mr. Gates, The California State Lands Commission (Commission) and California Department of Fish and Wildlife (CDFW) are jointly submitting this letter to address several concerns regarding the upcoming Huntington Beach Pacific Airshow scheduled for September 29th through October 1st, 2023. As background, the Commission manages four million acres of sovereign tide and submerged lands, the beds of natural, navigable waterways including lakes and rivers, and school lands. The mission of the Commission is to provide the people of California with effective stewardship of the lands, waterways, and resources entrusted to its care through preservation, restoration, enhancement, responsible economic development, and the promotion of public access. This stewardship of sovereign lands and natural resources is guided by the common law Public Trust Doctrine, the California Constitution, various laws, and regulations specific to the Commission, and statutory trust grants. V DocuSign Envelope ID:546BD703-6F32-49D5-8A10-5D773405B818 A Page2of3 The Commission owns approximately 1200 acres of sovereign lands in the Bolsa Chico Ecological Reserve (BCER). The Commission leases these lands to the CDFW for on-site management. Additionally, the Commission, along with five other state and federal agencies informally referred to as the Bolsa Chico Steering Committee, provides overall management oversight of BCER. Portions of the BCER contain active oil operations, including operating wells and pipelines maintained by California Resources Corporation. An aircraft accident in this area could create legal liability for the parties responsible, in addition to potentially causing ecological and human health and safety damage. CDFW manages California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public. CDFW is responsible for the management of over 1.1 million acres of and wildlife habitat spanning over 700 properties statewide. These properties provide habitat for a rich diversity of fish, wildlife, and plant species and comprise habitats from every major ecosystem in the state. CDFW is responsible for regulatory enforcement and management of related recreational, commercial, scientific, and educational uses. 12-34 (cont.) During the 2021 and 2022 airshow, several incidents occurred that caused disruptions in the normal behavior patterns of many bird species, including feeding and sheltering at Bolsa Chico Ecological Reserve. Disturbances included dropping streamers in the BCER, causing potential harm to wildlife and fire risk, and repeated low flyovers, which harassed the bird populations and caused them to take flight each time the airplanes flew over. This latter action is considered a "take" and is in violation of CCR T-14 251 .1. Additionally, under Section 630 (17) of Title 14 "no aircraft operations are permitted in a reserve, and low flyovers are in violation". The sound pollution and overhead flights pose a threat to birds and other wildlife. The BCER is a critical stopover along the.Pacific Flyway for hundreds of migratory bird species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 703-712). These also include threatened and endangered species which are protected under the Federal Endangered Species.Act of 1973 (16 U.S.0 1531-1544), and the California Endangered Species Act of 1970 (FGC,1.5, 2050-2115.5). A few that depend heavily on the BCER include the Western snowy plover, Light-footed Ridgway's rail, Coastal California gnatcatcher, and the Belding's savannah sparrow. In order to avoid.a reoccurrence of these concerns this year for the 2023 airshow, we request compliance with the following conditions: 1 . No flyovers will occur over BCER. 2. No streamers or any other debris will be dropped over the BCER. V DocuSign Envelope ID:546BD703-6F32-49D5-8A10-5D773405B818 Page 3 of 3 A We would be happy to meet with you to discuss these concerns and reach a mutual concurrence on a protocol for the event that accommodates the airshow, while protecting the natural resources of BCER. Please confirm receipt of this letter. Sincerely, LIDocuSigned by: DocuSigned by: bl ("ail.(, C GWuBaa7F 1445... I8 i97A488rs13413o... Wendy Hall Tim Dillingham 12-34 Environmental Program Manager Environmental Program Manager (cont.) Special Projects Liaison Lands and Wildlife, South Coast Region California State Lands Commission California Department of Fish & Wildlife cc: Michael E. Gates, Attorney, City of Huntington Beach Al Zelinka, Manager, City of Huntington Beach Ashley Wysocki, Deputy Director, Community &Library Services, City of Huntington Beach Kevin Elliott, CEO, Code Four, Airshow, LLC Gregory McDonald, Long Beach Front Line Manager, Federal Aviation Administration Lucinda Calvo, Attorney IV, CA State Lands Commission EXHIBIT 6 0 U.S. Department ADVISORY of Transportation Federal Aviation CIRCULAR Administration Subject: VISUAL FLIGHT RULES(VFR)FLIGHT Date: September 17,2004 AC No:91-36D NEAR NOISE-SENSITIVE AREAS Initiated by:ATO-R 1. PURPOSE. This Advisory Circular(AC)encourages pilots making VFR flights near noise- sensitive areas to fly at altitudes higher than the minimum permitted by regulation and on flight paths that will reduce aircraft noise in such areas. 2. EFFECTIVE DATE. This advisory circular is effective on September 17,2004. 3. CANCELLATION. Advisory Circular 91-36C,Visual Flight Rules(VFR)Flight Near Noise Sensitive Areas,dated October 19, 1984,is cancelled. 4. AUTHORITY. The FAA has authority to formulate policy regarding use of the navigable airspace (Title 49 United States Code,Section 40103). 5. EXPLANATION OF CHANGES. This AC has been updated to include a definition of"noise- sensitive" area and add references to Public Law 100-91; the FAA Noise Policy for Management of 12-35 Airspace Over Federally Managed Lands, dated November 1996; and the National Parks Air Tour Management Act of 2000,with other minor wording changes. 6. BACKGROUND. a. Excessive aircraft noise can result in annoyance, inconvenience, or interference with the uses and enjoyment of property, and can adversely affect wildlife. It is particularly undesirable in areas where it interferes with normal activities associated with the area's use, including residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. Moreover, the FAA recognizes that there are locations in National Parks and other federally managed areas that have unique noise-sensitive values. The Noise Policy for Management of Airspace Over Federally Managed Areas, issued November 8, 1996, states that it is the policy of the FAA in its management of the navigable airspace over these locations to exercise leadership in achieving an appropriate balance between efficiency, technological practicability, and environmental concems,while maintaining the highest level of safety. b. The Federal Aviation Administration (FAA) receives complaints concerning low flying aircraft over noise sensitive areas such as National Parks,National Wildlife Refuges, Waterfowl Production Areas and Wilderness Areas. Congress addressed aircraft flights over Grand Canyon National Park in Public Law 100-91 and commercial air tour operations over other units of the National Park System(and tribal lands within or abutting such units)in the National Parks Air Tour Management Act of 2000. c. Increased emphasis on improving the quality of the environment requires a continuing effort to provide relief and protection from low flying aircraft noise. d.Potential noise impacts to noise-sensitive areas from low altitude aircraft flights can also be addressed v 0 U.S. Department ADVISORY of Transportation Federal Aviation CIRCULAR Administration Subject: VISUAL FLIGHT RULES(VFR)FLIGHT Date: September 17,2004 AC No:91-36D NEAR NOISE-SENSITIVE AREAS Initiated by:ATO-R 1. PURPOSE. This Advisory Circular(AC)encourages pilots making VFR flights near noise- sensitive areas to fly at altitudes higher than the minimum permitted by regulation and on flight paths that will reduce aircraft noise in such areas. 2. EFFECTIVE DATE. This advisory circular is effective on September 17,2004. 3. CANCELLATION. Advisory Circular 91-36C,Visual Flight Rules(VFR)Flight Near Noise Sensitive Areas,dated October 19, 1984,is cancelled. 4. AUTHORITY. The FAA has authority to formulate policy regarding use of the navigable airspace (Title 49 United States Code,Section 40103). 5. EXPLANATION OF CHANGES. This AC has been updated to include a definition of"noise- sensitive" area and add references to Public Law 100-91; the FAA Noise Policy for Management of 12-35 Airspace Over Federally Managed Lands, dated November 1996; and the National Parks Air Tour Management Act of 2000,with other minor wording changes. 6. BACKGROUND. a. Excessive aircraft noise can result in annoyance, inconvenience, or interference with the uses and enjoyment of property, and can adversely affect wildlife. It is particularly undesirable in areas where it interferes with normal activities associated with the area's use, including residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. Moreover, the FAA recognizes that there are locations in National Parks and other federally managed areas that have unique noise-sensitive values. The Noise Policy for Management of Airspace Over Federally Managed Areas, issued November 8, 1996, states that it is the policy of the FAA in its management of the navigable airspace over these locations to exercise leadership in achieving an appropriate balance between efficiency, technological practicability, and environmental concerns,while maintaining the highest level of safety. b. The Federal Aviation Administration(FAA)receives complaints concerning low flying aircraft over noise sensitive areas such as National Parks,National Wildlife Refuges, Waterfowl Production Areas and Wilderness Areas. Congress addressed aircraft flights over Grand Canyon National Park in Public Law 100-91 and commercial air tour operations over other units of the National Park System (and tribal lands within or abutting such units)in the National Parks Air Tour Management Act of 2000. c. Increased emphasis on improving the quality of the environment requires a continuing effort to provide relief and protection from low flying aircraft noise. d.Potential noise impacts to noise-sensitive areas from low altitude aircraft flights can also be addressed V A through application of the voluntary practices set forth in this AC. Adherence to these practices is a practical indication of pilot concern for the environment,which will build support for aviation and alleviate the need for any additional statutory or regulatory actions. 7. DEFINITION. For the purposes of this AC,an area is"noise-sensitive"if noise interferes with normal activities associated with the area's use. Examples of noise-sensitive areas include residential,educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. 8. VOLUNTARY PRACTICES. a.Avoidance of noise-sensitive areas,if practical,is preferable to overflight at relatively low altitudes. b. Pilots operating noise producing aircraft (fixed-wing, rotary-wing and hot air balloons) over noise- sensitive areas should make every effort to fly not less than 2,000 feet above ground level(AGL),weather permitting. For the purpose of this AC, the ground level of noise-sensitive areas is defined to include the highest terrain within 2,000 feet AGL laterally of the route of flight, or the uppermost rim of a canyon or 12-35 valley. The intent of the 2,000 feet AGL recommendation is to reduce potential interference with wildlife (cont.) and complaints of noise disturbances caused by low flying aircraft over noise-sensitive areas. c. Departure from or arrival to an airport, climb after take-off, and descent for landing should be made so as to avoid prolonged flight at low altitudes near noise-sensitive areas. d. This advisory does not apply where it would conflict with Federal Aviation Regulations, air traffic control clearances or instructions,or where an altitude of less than 2,000 feet AGL is considered necessary by a pilot to operate safely. 9. COOPERATIVE ACTIONS. Aircraft operators, aviation associations, airport managers, and others are asked to assist in voluntary compliance with this AC by publicizing it and distributing information regarding known noise-sensitive areas. Signed Sabra W.Kaulia Director of System Operations&Safety Page 2 Chapter 3.Responses to Comments Comment Letter 12: Carstens, Black & Minteer LLP. Response to Comment 12-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-2 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-3 As stated in Section 3.2,Biological Resources,page 3.2-1,of the Draft EIR,and as shown on Figure 3.2-1A through Figure 3.2-1J, "For purposes of this biological resources technical analysis, a broader biological study area(BSA)was defined,which includes the Show Center Area(where primary on-the-ground events and activities of the Airshow take place)but also extends beyond this area to reflect the potential impacts associated with civilian and military aircraft flybys and aerial acrobatics."Because the expected flight paths are not planned to cross over the BCER,the majority of the BCER was not included in the study area.However,the biological monitoring efforts that occurred in 2023 did include the BCER and future monitoring efforts would also include the BCER.Refer also to Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER.In summary,while the Applicant can influence the sequence and timing of each performer's displays in the overall Airshow lineups, all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 12-4 Airshow performer arrivals are contingent upon their schedule and proximity of previous Airshow sites they have attended.All Airshow performers do not arrive to the Airshow Performance Area before the Monday of the Airshow week. These arrivals often include an overflight and aerial survey of the Airshow Performance Area on the inbound to landing on arrival day.If Airshow performers arrive on Monday,they would typically also conduct flight familiarization and flight practice flyovers for up to one hour later in the week prior to the Airshow.Refer also to Master Response D,which discusses the biological monitoring efforts that will be conducted for future Airshows,which includes monitoring during all of the pre-Airshow activities that lead up to the Airshow itself. Response to Comment 12-5 Refer to Master Response C for a discussion of the nesting season relative to the Airshow. The Pacific Airshow Huntington Beach Project 3-212 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 12-6 Refer to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 12-7 The Draft EIR does not state that"the Project would not include BCER overflights." Instead,as stated in Chapter 2,Project Description,pages 2-10 and 2-11 of the Draft EIR, The Applicant will provide mandatory in person or virtual daily formal briefings each day of the Airshow to all pilots about the location, nature, and sensitivity of the BCER and will request avoidance of overflights over this area.In addition, the Applicant will advise Southern California Terminal Radar Approach Control Facilities(TRACON) and the Joint Forces Training Base Los Alamitos Airfield Tower on the location, nature, and sensitivity of the BCER and will request avoidance of overflights in this area. The Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER. When overflights of the BCER cannot be avoided, the Applicant will request that overflights occur at 1;000 feet above ground level or above. As required by CEQA,the Draft EIR disclosed and analyzed potential_direct,indirect,and cumulative impacts associated with the Proposed Project,providing mitigation where necessary and feasible.Refer also to Master Response B regarding documented concerns raised by state and federal agencies regarding the Airshow's impact to sensitive species and habitat. Response to Comment 12-8 Refer to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 12-9 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-10 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-11 Refer to Response to Comment 2-19 for a discussion of the purpose of the use of streamers and the single occurrence of a streamer that drifted into the BCER.Refer also to Response to Comment 2-11 for a discussion of the actual flight paths and elevations of previous Airshows. The Pacific Airshow Huntington Beach Project 3-213 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 12-12 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-13 Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 12-14 Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 12-15 Refer to Response to Comment 12-3 for a discussion of the extent of the biological resource study area, as well as how it was determined, and where future biological monitoring activities will occur,which will include the BCER. Response to Comment 12-16 As noted in Chapter 2,Project Description,on pages 2-6 and 2-7,of the Draft EIR: "Future Airshows are anticipated to be held annually for three(3)days to up,to five(5)days,generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The Draft EIR acknowledges flight rehearsals leading up to the Airshow. Response to Comment 12-17 The commentor mentions the Federal Aviation Administration's Advisory Circular 91-36D (September 17,2004), indicating the FAA"recommends"(emphasis added)that aircraft avoid noise-sensitive areas,including areas with"wilderness characteristics."The Advisory Circular is a guidance document,which specifically states,in Section 8d,"This advisory does not apply where it would conflict with Federal Aviation Regulations,air traffic control clearances or instructions,or where an altitude of less than 2,000 feet AGL is considered necessary by a pilot to operate safely."As reflect in Master Response A,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as The Pacific Airshow Huntington Beach Project 3-214 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams.. Response to Comment 12-18 Refer to Master Response D for a discussion of the biological monitoring efforts,.beyond those already conducted for the 2023 Airshow,that will be conducted for future Airshows to further ensure that impacts to sensitive species would be avoided or reduced.As reflected in Master Response D,monitoring will be included one day before any pre-Airshow-related activities,as well as during,all pre-Airshow and Airshow days. Response to Comment 12-19 As stated on page 3-2,Environmental Setting,Impacts, and Mitigation Measures,of the Draft EIR: Pursuant to CEQA Guidelines Section 15125(a)(1), an EIR must include a description of the existing physical environmental conditions in the vicinity of the proposed project from both a local and regional perspective. This description provides the "baseline condition" against which project-related impacts are compared.Normally, the baseline condition is the physical condition that exists when the NOP is published. The NOP for the Project was published on February 1, 2024,so February 1, 2024, will serve as the baseline for the environmental impact analysis contained in this Draft EIR. The determination of the baseline for this environmental analysis is consistent with the requirements of CEQA. Response to Comment 12-20 Refer to Response to Comment 2-11. Response to Comment 12-21 Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 12-22 Refer also to Response to Comment 2-11 for a discussion of existing flights over the BCER from CDFW and oil operations. . Response to Comment 12-23 Refer to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. The Pacific Airshow Huntington Beach Project 3-215 . ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 12-24 The Project's MMRP includes all mitigation measures identified in the Draft EIR and also voluntarily includes Project Description features(e.g.,biological monitoring)to ensure enforceability.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. At John Wayne Airport, aircraft activity is prohibited between 11 PM and 7 AM(8 AM on Sundays).In terms of the historic hours of operation of the Airshow,Chapter 2,Project Description,page 2-7,of the Draft EIR, states that: "For all Airshow event days,which are open to the public,the Airshow admission,venue,and festival areas are open from 9:00 AM to 6:00 PM with civilian and military aircraft flybys and aerial acrobatics performing from approximately 10:00 AM to 5:00 PM."As noted on page of Chapter 2 2,Project Description,of the Draft EIR, "New Airshow activities for future Airshows could also extend as late as 11:00 PM."Therefore, the nighttime prohibition(of 11 PM)of the Airshow is consistent with the operating procedures.at John Wayne Airport. Response to Comment 12-25 Refer to Response to Comment 9-10. Response to Comment 12-26 The public review period for the Notice of Preparation(NOP)started on Thursday,February 1, 2024,and ended on Monday,March 4,2024. The public review period for the Draft EIR started on February 20,2025,and ended on April 7,2025.This letter,prepared by Carstens,Black& Minteer LLP,dated June 29,2023,was prepared prior to the public review period for the NOP and Draft EIR.This letter is noted and included in the Project record.No further response is required. Response to Comment 12-27 This letter,prepared by the California State Lands Commission,dated August 25,2023,was prepared prior to the public review period for the NOP and Draft EIR. This letter is noted and included in the Project record.No further response is required. Response to Comment 12-28 This letter,prepared by the California State Lands Commission,dated February 20,2024,largely discusses the required application for State Lands Commission authorization for the operation and maintenance of the City of Huntington Beach Pier and Pacific Ocean.No further response is required for the discussion regarding the authorization of the Pier and Pacific Ocean because this discussion neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Refer to Master Response C. The Pacific Airshow Huntington Beach Project 3-216 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Response to Comment 12-29 This letter,prepared by the California State Lands Commission,dated August 10,2023, discusses the required application for State Lands Commission authorization for the operation and maintenance of the City of Huntington Beach Pier.No further response is required for the discussion regarding the authorization of the Pier because this discussion neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-30 This letter,prepared by the.California State Lands Commission,dated August 10,2023,discusses the required application for State Lands Commission authorization for the operation and maintenance of the City of Huntington Beach Pier.No further response is required for the discussion regarding the authorization of the Pier because this discussion neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-31 This letter,prepared by the California Coastal Commission(CCC),dated February 21,2024, discusses the requirement of the Airshow to obtain a coastal development permit(CDP).No further response is required for the discussion of the CDP because this discussion neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 12-32 This letter,prepared by the State Lands Commission,dated March 4,2024, is attached to Comment Letter 2.As such,please see Response to Comment 2-23 through Response to Comment 2-45. In State Lands Commission,dated March 4,2024,the commentor notes that"The California State Lands Commission staff has reviewed the Notice of Preparation(NOP)for a Draft Environmental Impact Report(DEIR)for the Pacific Airshow Huntington Beach(Project or Airshow),which is being prepared by the City of Huntington Beach(City)."Accordingly,this Responses to Comments document responds to those Notice of Preparation comments that were specifically raised in the Commission's Draft EIR comment letter.No further response is required. Response to Comment 12-33 Refer to Response to Comment 12-28. Response to Comment 12-34 Refer to Response to Comment 12-27. Response to Comment 12-35 This letter,prepared by the U.S.Department of Transportation(US DOT),FAA,dated September 17,2004,was prepared to encourage pilots making visual flight rules(VFR)flights near noise- The Pacific Airshow Huntington Beach Project 3-217 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments sensitive areas to fly at altitudes higher than the minimum permitting by regulation and on flight paths that will reduce aircraft noise in such areas. This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. The Pacific Airshow Huntington Beach Project 3-218 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 13 April 5, 2025 Via email: connor-hyland@surfcity-hb.org Mr. Connor Hyland Senior Deputy City Attorney City of Huntington Beach, Office of the City Attorney 2000 Main Street Huntington Beach, CA 92648 Subject: Comments on the Draft Environmental Impact,Report regarding the Pacific Airshow Dear Mr. Hyland, I am a resident of Seal Beach who resides in the neighborhood of College Park East. Our neighborhood is very supportive of the Joint Forces Training Base (JFTB),the military, and many of our residents have enjoyed watching aircraft departing the base during the airshows over the 13-1 years. Maps in the Initial Study(Figure 4b and Appendix B) show our tract's proximity to the runways of the JFTB, located immediately southwest of the JFTB's long runway and immediately west of the Old Ranch Country Club golf course. — Established flight paths leaving the JFTB travel out over the Old Ranch Country Club golf course — and turn.180 to pass over the Seal Beach Naval Weapons Station, or Seal Beach Boulevard, toward the ocean. However, during the 2023 Pacific Air Show some of the jets made a very sharp turn to the east and traveled very low over College Park East. I have been told that these 13-2 jets can be as loud as 140 dBA on departure from the base, so this may well have exposed our residents to noise levels of more than 100 dBA. Such noise levels can be harmful to sensitive receptors such as children, sensitive individuals, and pets (requiring residents to sedate their pets days in a row). — Section 2 of the Draft Environmental Impact Report contains Section 2.6.4,titled "Airport Origin, Airshow Flight Paths and Airshow Performance Duration." In this section, it lists the participating aircraft and states, "many of the aircraft, particularly the larger ones, seldom fly over land and instead hold out over the water and only make a few passes in front of the Show 13-3 Center Area before returning to their origin airports."A statement later in that section states that the airshow flight paths "are subject to change each year for the Airshow." Initial Study Section 5.4.2:Analysis of Project Effects: Noise states that "The predominant source of V increased noise for this event would be associated with fighter jets executing high velocity A maneuvers. Examples of which would be the F/A18 Super hornet, F-16 fighting falcon, and F-35 Lightning."While I support efforts to avoid flights over the Seal Beach Naval Weapons Station's National Wildlife Refuge and the Bolsa Chica Ecological Reserve, I have great concerns about the 13-3 possibility of very loud,fast, low aircraft being diverted once again over the College Park East (cont.) neighborhood. Please follow the established flight routes on departure from the JFTB to limit excessive noise exposure both to the ecological reserves.and to the neighborhood of College- Park East. — I believe that a 3-day Alternative for the Airshow is a better option, with shows on Saturday and — Sunday and a practice day on Friday. With the proposed expansion to a 5-day show,there would be greater impacts during weekdays. These may include impacts on work and school traffic, as well as noise impacts for Los Alamitos Unified School District schools,for those who work from home, and during nighttime hours if any of the music flyovers originate from the 13-4 JFTB. A 3-day alternative would provide fun and profit for the event organizer and the City of Huntington Beach while limiting impacts on the environment and residents of Seal Beach. Please consider suggested events such as music concerts, sandcastle building, skateboard/BMX and camping as activities at a separate event, which could also provide recreation to the public and economic benefits to the event organizer and the City of Huntington Beach. Thank you for your consideration of my comments. Sincerely, Schelly Sustarsic 4288 Candleberry Ave Seal Beach, CA 90740 Chapter 3.Responses to Comments Comment Letter 13: Schelly Sustarsic Response to Comment 13-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 13-2 The City has received several comments on the health effects of noise.Multiple studies on the impacts of aircraft noise on public health have been undertaken and more studies are currently underway 10, 11, 12 Research suggests that noise can have varying levels of effects on people. From these studies,criteria have been established to protect public health and safety and prevent disruption of certain human activities. These criteria are based on the effects of noise on people, sleep interference,and physiological responses.While aircraft noise would generate a substantial temporary increase in ambient noise levels and thus result in a significant impact,it would not have adverse effects on biological resources or human health. At all times,the FAA,the Airshow,and pilots are committed to the safe operation of aircraft. While the pilot has ultimate control of the aircraft while in flight,the FAA has the primary role of ensuring safe and efficient use of the National Airspace System(NAS). Aircraft will adhered to predetermined flight path to avoid residential areas as much as possible.This includes having aircraft remain over water whenever operationally feasible to reduce noise exposure to area further inland from the coast.While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups, all decisions made during a flight sequence, including the flight paths and altitudes, are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities..Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 13-3 For a discussion on nesting season,refer to Master Response C.For a discussion on biological monitoring,refer to Master Response D.Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 13-4 Refer to Response to Comment 5-4 and Response to Comment 9-16. 10 The State of the Art of Predicting Noise-Induced Sleep Disturbance in Field Settings,Fidell S.,Tabachnick,B., Pearsons,K.,Noise and Health,Volume 12,Issue 47,p.77-87,2010. 11 ACRP Synthesis 9,Effects of Aircraft Noise:Research Updated on Selected Topics,Transportation Research Board of the National Academies,Airport Cooperative Research Program,2008. 12 Request for Comments;Clearance of a New Approval of Information Collection:National Sleep Study,U.S. Department of Transportation,Federal Aviation Administration,Agency Information Collection Activities,84 Fed. Reg.65453,November 27,2019. The Pacific Airshow Huntington Beach Project 3-221 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments As discussed in Chapter 4,Alternatives,the 2023 Airshow Alternative would not include a music festival,helicopter and aircraft runway/display,skateboard/BMX competition,pyrotechnic shows, sandcastle building competition,and beach camping,among other activities/features.The Airshow would continue to be held annually Friday through Sunday during the fall season with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The 2023 Airshow Alternative would result in the fewest environmental impacts as compared to the Project and is considered the Environmentally Superior Alternative. However,this alternative would not meet all of the Project Objectives.Furthermore,the 2023 Airshow Alternative would reduce the opportunity to gather since fewer events would be held over fewer days.With fewer activities, it is anticipated that the positive economic impact,the potential tax revenues,and the number of employees needed to staff the Airshow would each potentially be reduced. In addition,without offering the events promoting the beach community, including beach camping and sandcastle building among others,there would be a reduced positive impact to the promotion of the Huntington Beach Pier and beaches. The Pacific Airshow Huntington Beach Project 3-222 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 14 From: Susan Perrell<susanPoutdoorsynergy.net> Sent:Saturday, March 29, 2025 4:23 PM To: Hyland, Connor<connor.hyland( surfcity-hb.org> Subject: Comments on the Draft Environmental Impact Report(DEIR)for the Pacific Airshow Huntington Beach Project(SCH#2024020006) Mr. Connor Hyland Deputy City Attorney City of Huntington Beach 2000 Main Street,4th Floor Huntington Beach, CA 92648 Dear Mr. Hyland: Thank you for the opportunity to comment on the DEIR for the Pacific Airshow Huntington Beach Project(Project). I want to express my enthusiasm and support for the Huntington Beach Airshow that my family,friends, neighbors, and I have enjoyed over the years. 14-1 However, certain aspects of the proposed Project and the Project DEIR concern me. My comments below are intended to help clarify the scope of the proposed Project, fill in some critical gaps in the Project DEIR, ensure that the Project Alternatives are properly considered, and ensure that potentially significant environmental impacts are adequately assessed and avoided or mitigated to the extent feasible. I believe that a more complete and accurate EIR can be produced relatively quickly and easily and will help to drive support for the Air Show. — • The DEIR rejected"Project Alternative 2"for"not meeting the Project Objectives in their entirety". It is not clear that CEQA requires a viable and feasible project alternative to meet "Project Objectives in their entirety". CEQA guidance and case studies seems to indicate that a viable alternative needs only to "feasibly attain 14-2 most of the basic project objectives". The reasoning in the DEIR for eliminating Project Alternative2 does not seem appropriate or consistent with CEQA. Project Alternative 2 is a highly feasible project alternative that clearly meets most of the V project objectives, while also avoiding and mitigating impacts, and it has proven A successful in all recent Airshows.The EIR should review Alternative 2 in more detail. . 14-2 If Alternative 2 is to be eliminated,then the EIR should provide specific reasoning, (cont.) including CEQA Code citations, CEQA Guideline citations, and relevant CEQA case studies that could justify its elimination. — • The EIR should assess the potential for long-term hearing loss to children and adults attending the airshow for the three-day program and for the proposed 5-day program. It is well known that even short-term exposure to noise over 90dB can cause permanent hearing loss. Many flights at the airshow exceed 90dB at receptor locations including the pier, beach, PCH, Pacific City, and the blocks surrounding the Airshowwith densely populated visitors and residents. Hearing loss in children and adults is already a growing problem that has been shown to reduce learning 14-3 success, mental health, and lifetime earnings. The Project should propose mitigation for potentially significant impacts of noise exposure during the airshow, especially to children. Warnings or suggestions to wear hearing protection would help to avoid hearing loss. Requesting Airshow vendors, exhibitors, first aid stations, and ticket booths to distribute or sell effective and inexpensive hearing protection, such as sponge type earplugs, would mitigate the short term and long- term hearing losses from Air Show flight noise. — • The Project Description should include a concise definition of the Project Area.The Project Area should include all areas where potentially significant noise, biological, or hazard impacts of the Project may occur. The Project Area should not be limited 14=4 to the"Show Center Area"because the Air Show has clearly and significantly impacted areas well outside of the"Show Center Area" in previous years and there is no explanation, avoidance measure, or mitigation provided in the DEIR that would limit future impacts to just the"Show Center Area". — • The Project Area should include offshore and onshore areas below and adjacent to any planned or possible flight paths to and from any potential flight origin or destination. It is especially important that the EIR include areas adjacent to flight 14-5 paths where flying may occur at anomalously low(non-commercial, non-standard) elevations that could significantly increase noise, biological, and hazard impacts. • Impacts outside of the "Show Center Area", such as the documented historical impacts to protected species in the Bolsa Chica, and to human receptors near flight 14-6 paths, should be discussed, assessed, and mitigated to the extent feasible. • Historical Airshow impacts, such as the significant biological impacts (e.g.,"takes" and "flushings"of protected species) and hazard impacts (e.g., electrical equipment interference) of previous Air Show operations should be reviewed in the EIR. The EIR should include specific proposed avoidance or mitigation measures for 14-7 any such impacts in the future. A low-flying plane flushing flocks of birds from the Bolsa Chica could have resulted in a catastrophic bird strike ... it seems cavalier, at best, not to address this.historical"near miss"in the DEIR. It should be addressed in the EIR. — • The EIR should address the history of deviations from the Airshow's "planned"flight paths, and the potential for future deviation from Airshow's currently proposed flight 14-8 paths, along with measures to avoid or mitigate future flight path deviation, especially in and around sensitive or hazardous receptor areas. • The EIR should describe the specific types of aircraft to be flown, including the 114-9 specific types of aircraft proposed for beach takeoffs and landings. 1 • The EIR should assess the potential biological and hazard impacts of beach landings and takeoffs and provide impact avoidance or mitigation measures to the 11410 extent feasible. • Since many shorebirds are famously resistant to hazing, and/or exhibit only very short-term response to hazing, continuous and close on site biological monitoring, with direct communications to the flight controller, should take place before and 14-11 during each beach landing and takeoff,to mitigate the potential significant biological and hazard impacts of bird strikes. • The EIR should provide more information on the itinerary of events for each 14-12 individual day, especially for flights,fireworks, and pyrotechnics which have the potential for greater impacts. • The EIR should specify the types of items meant to be included as`pyrotechnics'; how,when, and where pyrotechnics will be operated; the potential impacts of 14-13 pyrotechnics, and how impacts will be avoided or mitigated. • THE DEIR addressed only the noise impacts and mitigation from amplified concert music noise. However,the Airshow has, in the past,generated significant noise impacts to biological and human resources from flights.The EIR should specifically 14-14 address previous and potential future noise impacts from flights,fireworks, and pyrotechnics as well as from amplified concert music. • The EIR should describe noise and noise impacts to attendees,wildlife, and human and biological receptors near flight paths from evening flights and pyrotechnics 14-15 through the proposed 11:00 p.m. closing time or whatever time such noise will be ended each day. • The EIR should assess and propose mitigation for the added impacts(including noise and hazards)to human receptors, protected species (particularly in the Bolsa Chica), and to pets due to the proposed 5-day event schedule. Extending the event 14-16 into regular school and work weekdays may result in additional noise, safety, biological, and hazard impacts, as well as nuisance impacts. • The EIR should specify what"streamers"are,what they are made of,their size,what potential impacts(e.g., biological, safety or fire hazards, etc.),they may pose,what happens to them when they are'released'into the environment. Previously reported 14-17 streamer impacts should be discussed and mitigation (such as streamer retrieval) for potential biological and hazard impacts should be included. Best, Susan Perrell Seal Beach Chapter 3.Responses to Comments Comment Letter 14: Susan Perrell Response to Comment 14-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response to Comment 14-2 As described in Chapter 4,Alternatives,pages 4-3 and 4-4,the Offsite Location Alternative and the Avoidance of Flying over Bolsa Chica Alternative were rejected because implementation is considered remote and speculative or some of the goals and objectives would not be met. As described in Chapter 4,Alternatives,page 4-10,CEQA Guidelines require that,if the No Project Alternative is determined to be the environmentally superior alternative,an environmentally superior alternative must also be identified among the remaining alternatives.As such,the 2023 Airshow Alternative would result in the fewest environmental impacts as compared to the Project and is considered the Environmentally Superior Alternative.However,this alternative would not meet all of the Project Objectives.Furthermore,the 2023 Airshow Alternative would reduce the opportunity to gather since fewer events would be held over fewer days. The 2023 Airshow Alternative would not meet the following Project objectives in their entirety: • Continue to provide a family-oriented, safe,educational,fun,and entertaining Airshow experience with an emphasis on outdoor lifestyle and popular culture elements. • Continue to provide a gathering place where locals and visitors can come together to enjoy civilian and military aircraft flybys and aerial acrobatics,illustrations,displays,food, and music. • Create a net positive direct economic impact on the City and surrounding communities as a result of spending by incremental visiting attendees,the event organizer,and event sponsors. • Increase in tax revenues(i.e., sales tax and transit occupancy tax)to the City. • Continue to provide temporary and full-time jobs associated with the Airshow. Since the 2023 Airshow Alternative would not include a music festival,helicopter and aircraft runway/display,skateboard/BMX competition,pyrotechnic shows, sandcastle building competition,and beach camping,among other activities/features,fewer family-oriented events would be offered.With fewer activities,it is anticipated that the positive economic impact,the potential tax revenues,and the number of employees needed to staff the Airshow would each potentially be reduced. In addition,without offering the events promoting the beach community, including beach camping and sandcastle building among others,there would be a reduced positive impact to the promotion of the Huntington Beach Pier and beaches. Response to Comment 14-3 The City has received several comments on the health effects of noise. Multiple studies on the impacts of aircraft noise on public health have been undertaken and more studies are currently The Pacific Airshow Huntington Beach Project 3-227 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments underway13, 14, 15 Research suggests that noise can have varying levels of effects on people. From these studies,criteria have been established to protect public health and safety and prevent disruption of certain human activities.These criteria are based on the effects of noise on people, sleep interference,and physiological responses. Aircraft operations during future Airshows may temporarily exceed the City's established noise limits during daytime and nighttime hours,including noise sensitive land uses.Data collected during the 2023 Airshow indicates that noise levels could surpass the City's established noise limits by as much as 50 dB.However,these elevated noise levels are expected to be brief and not sustained over long periods. At all times,the FAA,the Airshow,and pilots are committed to the safe operation of aircraft. While the pilot has ultimate control of the aircraft while in flight,the FAA has the primary role of ensuring safe and efficient use of the National Airspace System(NAS).Aircraft will adhere to predetermined flight path to avoid residential areas as much as possible. This includes having aircraft remain over water whenever operationally feasible to reduce noise exposure to area further inland from the coast.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams. While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups, all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities..Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 14-4 As described in the Chapter 2,Project Description, Section 2.1,Project Location,page 2-1,of the Draft EIR,the Airshow Performance Area,the primary area for civilian and military aircraft flybys and aerial acrobatics,is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet.A majority of the civilian and military aircraft flybys and aerial acrobatics occur within approximately 500 and 1,500 feet from the shoreline.However,many of the aircraft maneuvers,particularly for the military,spill out into the TFR airspace controlled by the Airshow. The TFR, as issued by the FAA for the Airshow,is a five NM ring centered on the center of the Airshow's aerobatic box.The restricted airspace within the ring extends from the 13 The State of the Art of Predicting Noise-Induced Sleep Disturbance in Field Settings,Fidell S.,Tabachnick,B., Pearsons,K.,Noise and Health,Volume 12,Issue 47,p.77-87,2010. 14 ACRP Synthesis 9,Effects of Aircraft Noise:Research Updated on Selected Topics,Transportation Research Board of the National Academies,Airport Cooperative Research Program,2008. 15 Request for Comments;Clearance of a New Approval of Information Collection:National Sleep Study,U.S. Department of Transportation,Federal Aviation Administration,Agency Information Collection Activities,84 Fed. Reg.65453,November 27,2019. The Pacific Airshow Huntington Beach Project 3-228 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments surface to 15,000 feet above MSL.Neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams.While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups,all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities.. Further,As noted in Section 3.2,Biological Resources, Section 3.2.1 Environmental Setting, pages 3.2-1 and 3.2.-2,the proposed flight path and a 500-foot buffer was examined. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 14-5 Refer to Master Response C and Response to Comment 14-4.For analysis regarding biological resources,hazards, and noise,refer to Section 3.2,Biological Resources, Section 3.3,Hazards and Hazardous Materials,and Section 3.4,Noise, of the Draft EIR. Response to Comment 14-6 For a discussion on noise,refer to Response to Comment 5-3.For a discussion on nesting season, refer to Master Response C.For a discussion on biological monitoring,refer to Master Response D.Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 14-7 Biological monitoring is being implemented during take-offs and landings under Mitigation Measure HAZ-2 under Section 3.3,Hazards and Hazardous Materials, of the Draft EIR,to address potential hazard impacts associated with the Airshow. Section 3.3 further provides a wildlife hazard analysis including bird strikes. For a discussion on noise,refer to Response to Comment 5-3.For a discussion on nesting season, refer to Master Response C.For a discussion on biological monitoring,refer to Master Response D.For a discussion on mitigation,refer to Response to Comment 2-15. Refer to Master Response B for a discussion of purported prior evidence submitted by the State Lands Commission and the California Department of Fish and Wildlife regarding biological impacts resulting from past Airshow events. Response to Comment 14-8 As discussed in Chapter 2,Project Description, Section 2.6.4 Airport Origin,Airshow Flight Paths, and Airshow Performance Duration,page 2-10,the Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER.When overflights of the BCER cannot be avoided,the Applicant The Pacific Airshow Huntington Beach Project 3-229 ESN202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments will request that that overflights occur at 1,000 feet AGL or higher.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams.Many commenters have requested the avoidance of flights over the BCER and that any overflight of the BCER occur at an altitude of 1,000 feet AGL or higher.As stated above, all pre-flight briefmgs will include these exact requests made to all participating pilots.While it is the desire of the Applicant to avoid incursions over the BCER,it is important to note that neither the Applicant nor the City possesses authority to restrict such activities. While the Applicant can influence the sequence and timing of each performer's displays in the overall Airshow lineups,all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Refer also to Master Response A for a more detailed discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 14-9 For Airshow Performers,refer to Chapter 2,Project Description,pages 2-9 and 2-10 of the Draft EIR. The Airshow list of performers is subject to change each year for the Airshow. Response to Comment 14-10 Prior to the start of the Airshow,Mitigation Measure HAZ-1 will be followed evaluating the potential risk of wildlife strikes at,specifically for the proposed temporary aircraft landing pad on the beach.Biological monitoring is also being implemented during take-offs and landings under Mitigation Measure HAZ-2 under Section 3.3,Hazards and Hazardous Materials to address potential hazards and inform recommendations associated with wildlife hazards at the Airshow. Response to Comment 14-11 Refer to Response to Comment 14-10.For a discussion on biological monitoring,refer to Master Response D. Response to Comment 14-12 As discussed in Chapter 2,Project Description,page 2-9,of the Draft EIR, from prior years, typically each day the Airshow begins around 10:00 AM with the MV-22 Osprey streamer drop, then the Orange County Fire Authority(OCFA)water drop,followed by the Australian Anthem, Canadian Anthem, and the United States Anthem,and then followed by the U.S.Navy Leap Frog Parachute Team with American Flag banner tow. The official start of the Airshow is immediately after,at approximately 10:30 AM,when the below-mentioned Airshow civilian and military performers display aircraft flybys and aerial acrobatics in designated time slots with the final performer being the U.S.Air Force Thunderbirds or the U.S.Navy Blue Angels concluding by 5:00 PM.Aircraft flight familiarization and flight practice flyovers could potentially occur as The Pacific Airshow Huntington Beach Project 3-230 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments early as 9:00 AM on Airshow event days. The Airshow performer schedule and the Airshow performers are subject to change each year for,the Airshow. Pyrotechnic daily shows could be discharged from either aircraft or discharged from the Huntington Beach Pier or an ocean barge and would occur during the days and hours of the Airshow.Pyrotechnic nightly shows could be discharged from either aircraft(nighttime flyovers) or discharged from the Huntington Beach Pier or an ocean barge and would conclude by 11:00 PM each evening of the Airshow. The schedule for pyrotechnics will be made available prior to each Airshow day and are subject to change each year for the Airshow.. Fireworks and pyrotechnics are addressed in Appendix B,Initial Study(see Section XIII,Noise, pages 3-44 and 3-45). Response to Comment 14-13. Refer to Response to Comment 14-12. Response to Comment 14-14 Refer to Response to Comment 14-3 and Response to Comment 14-5 with respect to future noise impacts from flights.Fireworks and pyrotechnics are addressed in Appendix B,Initial Study(see Section XIII,Noise,pages 3-44 and 3-45). Response to Comment 14-15 Aircraft operations during future Pacific Airshow may temporarily exceed established noise limits,including during nighttime hours.Future events may feature nighttime demonstrations by advanced F-series fighter jets such as the F-15,F-18,and F-35.Data collected during the 2023 Airshow indicates that noise levels could surpass the City of Huntington Beach's standard noise thresholds by as much as 50 dB.However,these elevated noise levels are expected to be brief and not sustained over long periods. To mitigate the impact of nighttime aircraft noise on the surrounding community,event organizers have integrated several noise-reduction strategies into the Airshow's planning.These include ensuring aircraft adhere to predetermined flight paths that are carefully designed to avoid residential areas whenever possible and keeping aircraft operations over water to the greatest extent feasible,reducing noise exposure for inland areas further from the coast.However,neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation (i.e., altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams.While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups,all decisions made during a flight sequence,including the flight paths and altitudes, are individual to the.PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities.. Refer also to Master Response A for a more detailed The Pacific Airshow Huntington Beach Project 3-231 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments discussion of how flight paths are determined and the protocols employed to reduce impacts to the BCER. Response to Comment 14-16 Refer to Response to Comment 14-15. Response to Comment 14-17 Refer to Response to Comment 2-19. The Pacific Airshow Huntington Beach Project 3-232 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 15 From: Kathryn Sinacori <ksinacori( gmail.com> Sent:Wednesday, March 12, 2025 8:04 AM To: Hyland, Connor<connor.hyland@surfcity-hb.org> Subject: Pacific Airshow DEIR Response City of Huntington Beach Attn: Connor Hyland, Senior Deputy City Attorney 2000 Main Street, 4th Floor Huntington Beach, CA 92648 Connor.HylandPsurfcity-hb.org March 12, 2025 I'm writing to represent the interests of my neighborhood when it comes to the Pacific Airshow. The Newport Shores is located within the city limits of Newport Beach, but very close to the Airshow event site. So much so that we suffer all of the negative effects of this 15-1 annual nightmare without receiving any of the compensation or protection offered to the Huntington Beach residents who are also negatively affected. _ Let's start by addressing the noise pollution. While the actual event is publicized to begin on a Friday and last through until Sunday,those of us who live under the flight path are aware that the deafening sounds usually begin on Tuesday. We get at least three extra days 15-2 of this constant racket. When I tell you that I actually pray for foggy skies to at least limit the impact on my eardrums and nerves? I'm not joking. — Now let's move on to the complete lack of parking in my neighborhood during the actual Airshow. We are located close enough to the event site that people from all over Southern California take over our streets. They walk, bike or Uber to the event site once they park 15-3 their vehicles, making it impossible for our residents to park our cars on the streets outside our own homes. As a beach-adjacent neighborhood,we're used to primarily using our V garages and sharing the streets with visitors. But this one weekend during the Pacific A Airshow makes it feel like the 4th of July for three straight days.And not in a good way. These 15-3 visitors,for the most part, seem to think our neighborhood is one big dumping ground for all (cont.) the trash they don't want to bring home in their cars. They leave debris all over the sidewalks and gutters without a second thought. The City of Newport Beach has made no attempt to mitigate the negative effects we experience during the Airshow. We aren't given any sort of permitted parking passes or additional trash services. We are expected to absorb the negative impact of the Pacific 15-4 Airshow because`people seem to like it'. And because Huntington Beach finds it very profitable. _ I'm asking for your consideration as you evaluate the impacts of the Huntington Beach Pacific Airshow. Please keep in mind the safety of this Newport Beach neighborhood. We are not located under any commercial flight path, a fact which influenced my purchase of my home. Now all of a sudden, I'm underneath the worst sort of aircraft travel for one week 15-5 out of every year with no protection or consideration from either Huntington Beach or even my own City officials here in Newport Beach. It's my understanding that rather than seek to mitigate the negative impacts of the Pacific Airshow, the event organizers just want to make everything bigger. Which reads to my eyes that they just want to make everything worse for those of us already forced to carry the burden of their event. Kathryn Sinacori 463 62"d Street Newport Beach, CA 92663 (949) 233-4736 ksinacori( gmail.com Chapter 3.Responses to Comments Comment Letter 15: Kathryn Sinacori Response to Comment 15-1 This comment is noted and included in the Project record.No response is required because the comment neither raises a significant environmental issue nor addresses the contents of the Draft EIR. Response.to Comment 15-2 Aircraft operations during future Airshows may temporarily exceed established noise limits. Data collected during the 2023 Airshow indicates that noise levels could surpass the City of Huntington Beach's standard noise thresholds by as much as 50 dB.However,these elevated noise levels are expected to be brief and not sustained over long periods.For further discussion on noise,refer to Response to Comment 5-3 and 5-4. Response to Comment 15-3 The Applicant and City will continue to coordinate as applicable with neighboring jurisdictions that may be impacted with increases of vehicles along Pacific Coast Highway and surrounding streets. The Airshow typically utilizes approximately 500 parking spaces for production and staging of equipment beginning with the first day of setup and the last day of tear down.The use of parking is far less than other major events of this size and scale. Due to the vast availability of parking within the City of Huntington Beach and Huntington State Beach,including approximately 6,200 parking spaces in the immediate Project vicinity,this use of parking (approximately 8 percent of total available public access parking)has not had a significant impact on access and is not anticipated to have any future impacts.In addition,patrons arriving by vehicle are permitted to park within the Huntington Beach public parking areas,where the Applicant coordinates with the City to reserve parking spaces dedicated to Airshow attendees.All other details regarding parking will be governed by a future agreement between the City and the Applicant. Response to Comment 15-4 According to the California Coastal Commission,the streets in question are within the Coastal Zone Boundary,where local jurisdictions are prohibited from restricting on street parking.The CCC has historically denied requests for residential permit parking programs within the Coastal Zone. Refer to Response to Comment 15-3. Response to.Comment 15-5 The Applicant.and City will continue to coordinate as applicable with neighboring jurisdictions that may be impacted with increases of vehicles along Pacific Coast Highway and surrounding streets. Refer to Response to Comment 1-3, 5-3,and 15-3. The Pacific Airshow Huntington Beach Project 3-235 ESA/202300046.01 Final Environmental Impact Report August 2025 Comment Letter 16 4`411111 O rift g ECONOMIC&DEVELOPMENT SERVICES DEPARTMENT „ -4b4pmm�fu April 7, 2025 Mr. Connor Hyland Senior Deputy City Attorney City of Huntington Beach 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 Subject: City of Costa Mesa Request for Extension and Comments on the Pacific Airshow Draft Environmental Impact Report Dear Mr. Hyland: — The City of Costa Mesa just learned about the public review period for the Huntington Beach Airshow Draft Environmental Impact Report (DEIR) from a community member last Friday. Assistant Director Scott Drapkin submitted a letter dated March 12, 2024 on behalf of the City in response to the Notice of Preparation, but subsequently did not receive any communication regarding the Notice of Availability for the DEIR public review period. As such, the City has been unaware that the DEIR was available for public review. 16-1 The City of Costa Mesa respectfully requests an extension of the public review period for at least 15 days for us to assess whether the DEIR addressed the comments presented in the City's letter of March 12, 2024. In an effort preserve the City's ability to review the DEIR, the City provides the following preliminary questions and comments. The City would like to reserve the right to provide additional comments or amend the following comments, if the time extension is granted. City of Costa Mesa Preliminary Comments on the DEIR — 1) Notification. California Environmental Quality Act(CEQA) Guidelines Section 15087 indicates that notices shall be mailed to the last known name and address of all organizations and individuals who have previously requested such notice in writing. 16-2 Please include in your response and the Final Environmental Impact Report the names and addresses of all individuals who have requested such notice. As noted above, the City of Costa Mesa submitted a letter in response to the Notice of Preparation, but did not receive notification that the DEIR was available for review. 77 FAIR DRIVE, POST OFFICE BOX 1200,COSTA MESA CA.92628-1200 Building Safety Division(714) 754-5273 Community Improvement Division(714) 754-5638 Housing &Community Development(714)754-4870 Planning Division(714)754-5245 www.costamesaca.gov 11Page ECONOMIC&DEVELOPMENT SERVICES DEPARTMENT 2) Consultations. CEQA Guidelines Section 15086(4) indicates that the lead agency shall consult with and request comments on the draft EIR from any city or county which borders on a city or county within which the project is located. The City of Costa Mesa borders Huntington Beach to the east. The City of Costa Mesa did not 16-3 receive requests for consultation nor did we receive notification of the DEIR requesting comments. We respectfully request an extension of the public review period to allow compliance with CEQA and opportunity for consultation. _ T 3) Deficient Study Area. As indicated in Section 2.1 and Figure 2-3, aircraft will fly overhead within a temporary flight restriction (TFR) airspace, which is five nautical mile radius from the Airshow Performance Area. A portion of the City of Costa Mesa 16-4 is within the TFR airspace. Much of the DEIR focuses on the Airshow Performance Area as the study area for the DEIR, however, the impacts are more applicable to the entire TFR.The TFR should be the study area for the DEIR. _ 4) Biological Resources. The boundary for the Biological Study Area (BSA) is co- terminus with a planned flight path and does not identify biologically-sensitive areas. However, Section 2.1 indicates that many of the aircraft maneuvers, particularly for the military(whose aircraft are also the loudest)spill out into the TFR and Section 2.6.4 states that flight paths are subject to change. To adequate analyze impacts on biological resources,the BSA should encompass the entire TFR airspace to assess all possible impacts to biological areas and habitats. It is not reasonable to assume that 16-5 the BSA has adequately studied impacts to biologically-sensitive areas,when the BSA mirrors the flights paths that are subject to change and spillover. The City of Costa Mesa previously identified several biologically sensitive areas in Fairview Park. Specifically, in Fairview Park, there are two Nationally Registered Cultural Resource Historic Sites and five distinct habitat ecosystems, adjacent to the Santa Ana River. Although identified during the scoping process, Fairview Park has not been included in the BSA. The City requests that the BSA be expanded to the footprint of the TFR, which is where flight activity will occur during the duration of the airshow. At a minimum, the City requests that the BSA be expanded to include all open spaces within the TFR, including but not limited to Fairview Park, the Frank and Joan Randall Preserve, Talbert Regional Park, and Canyon Park. _ 5) Fuel Dumps. Page 3.2-44 - Fuel Dump - of the DEIR indicates that if jettisoned at a high enough altitude in above freezing temperature,the evaporation rate calculations 16-6 show that over 90% will evaporate before reaching the ground. 77 FAIR DRIVE, POST OFFICE BOX 1200,COSTA MESA CA.92628-1200 Building Safety Division(714)754-5273 Community Improvement Division(714)754-5638 Housing &Community Development(714)754-4870 Planning Division(714)754-5245 www.costamesaca.gov 2lPage ECONOMIC&DEVELOPMENT SERVICES DEPARTMENT a. The stated altitudes in the TFR are "at or below" 500 feet. In aviation, high A altitude is defined as above 25,000 feet above mean sea level. Therefore, it is not appropriate to use "high altitude" as a threshold in a TFR airspace associated with an airshow as it does not lead to conclusions that are relevant to the Project circumstances. b. Please explain the impacts from the 10% (from high altitude) of fuel that does not evaporate. 16-6 (cont.) c. Please revise the analysis of fuel dump analysis to reflect the realistic altitudes within the TFR during an airshow. d. Since likely receptors in a fuel dump range from birds to marine mammals and fish, please include mitigation for the Project if this happens, such as a remediation or clean fee. Simply concluding that it is not likely to happen is not a suitable conclusion or mitigation. 6) Hazards and Hazardous Materials. There can be accidents at airshows. In the past 10 years, there have been a range of 8-12 accidents per year at airshows. (https://en.wikipedia.org/wiki/List of air show accidents and incidents in the 21 st century)The DEIR does not analyze any scenario for which aircraft flying over the 16-7 City of Costa Mesa encounter an accident or incident, such as a mid-air collision, collision with ground, mechanical failure, or fuel dump. Please include an analysis of possible hazards from aircraft flight in the TFR over the City of Costa Mesa, including potential hazards, cleanup, and emergency response. 7) Deficient Noise Analysis. Section 3.4 indicates that the Noise analysis focuses on aircraft noise associated with the flyovers during the 2023 Airshow, noise from amplified speakers, and traffic noise from an increase in vehicle trips to the Project. The Noise Analysis only analyzes locations within the City of Huntington Beach and does not include locations within the City of Costa Mesa where noise from aircraft will likely be heard (within the TFR). Please expand the noise analysis to include areas within the City of Costa Mesa impacted by aircraft noise. 16-8 Under Section 3.4.6.1, Impact 3.4-1 indicates that "The Project would result in a significant impact if it would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies." [emphasis added.]The Noise Analysis indicates that Airshow activity will generally exceed noise standards and refers to the Huntington Beach Noise v 77 FAIR DRIVE, POST OFFICE BOX 1200,COSTA MESA CA.92628-1200 Building Safety Division(714)754-5273 Community Improvement Division(714) 754-5638 Housing &Community Development(714) 754-4870 Planning Division(714) 754-5245 www.costamesaca.gov 3 ' Page ECONOMIC& DEVELOPMENT SERVICES DEPARTMENT Deviation Permit as a way of allowing exceedance. The availability of a permit to A deviate does not signify adequate mitigation, unless the environmental analysis for the creation of the Noise Deviation Permit itself properly mitigated for future deviations. Therefore, each project's impacts must be analyzed and if significant, mitigated. The Noise Deviation Permit does not permit exceedances of noise levels in adjacent jurisdictions. The City of Costa Mesa is open to discussing mitigation measures from noise impacts caused by airshow noise. 16-8 Lastly,there is evidence in Figures 2 to 9 contained within the Aviation Noise Technical (cont.) Report (ANTR) that identifies areas within the City of Costa Mesa where aircraft from the airshow causes conditions that exceed the City of Costa Mesa's Noise Ordinance. These areas should be analyzed in accordance with the City of Costa Mesa's Noise Ordinance, available at the following weblink: https://ecode360.com/42619123 Please identify mitigation measures to address these impacts. _ 8) Aircraft Noise. The Aviation Noise Technical Report (ANTR) endeavors to study a selection of aircraft including "seven (7) fixed wing and rotor aircraft that are anticipated to create the most noise exposure over the course of the Airshow". Table 1 - Model Noise Results then displays the noise level for each individual aircraft type in flight. The analysis fails to consider the well-known and documented airshow components, such as multiple aircraft events like flight demonstration teams and 16-9 heritage flights. For example,the F/A-18 Super Hornets flown by the Blue Angels are rated as the second loudest aircraft (96.3 dB) in the ANTR, but their formations can include four to six aircraft flying simultaneously. The EIR should explain how this noise level was accounted for. _ 9) Aircraft Noise Data. Page 3.4-14 of the DEIR indicates that measurement data for the duration of the 2023 Airshow was recorded in Appendix E. We were unable to locate the actual measurement data in Appendix E. Table 1 in Appendix E indicated noise level from individual aircraft, but that does not correspond to some of the 16-10 observations from the 2023 Airshow in Section 3.4. Since Appendix E is the basis for the Noise Analysis, the ability to review the data is critical to verify the Noise Analysis. 10) Transportation. Section 2.6.6 of the Project indicates that State Route 55 to Pacific Coast Highway is one of the primary vehicular travel corridors to access the Show Center area. State Route 55 runs through Costa Mesa. However, the transportation 16-11 analysis in Section 3.5 of the DEIR is limited to the boundary of Huntington Beach. Given that the travelers to and from the airshow are expected to generate additional volume on the City of Costa Mesa's transportation infrastructure, provide an analysis v 77 FAIR DRIVE, POST OFFICE BOX 1200,COSTA MESA CA.92628-1200 Building Safety Division(714)754-5273 Community Improvement Division(714)754-5638 Housing &Community Development(714) 754-4870 Planning Division(714) 754-5245 www.costamesaca.gov Wage ECONOMIC& DEVELOPMENT SERVICES DEPARTMENT on transportation circulation and emergency access throughout the City of Costa 16-11 Mesa for the duration of the Airshow. (cont.) 11) Request for future notification. We formally request notification of the availability of any future documents associated with the Project, along with any public meetings 16-12 and public hearing both within and outside the scope of the CEQA component. The City of Costa Mesa thanks the City of Huntington Beach for the opportunity to comment on the DEIR to fully analyze and disclose environmental impacts that the Pacific Airshow may have on the City of Costa Mesa. As indicated earlier, the City of Costa Mesa would 16-13 appreciate an extension of time for the public review period in order to more thoroughly review the DEIR and consult with Huntington Beach on this Project. Sincerely, Carrie Tai, AICP Economic and Development Services Director City of Costa Mesa CC: Mayor John Stephens Councilmember Arlis Reynolds Lori Ann Farrell Harrison, City Manager Cecilia Gallardo-Daly, Assistant City Manager Alma Reyes, Deputy City Manager Scott Drapkin, Assistant Director, Development Services Attachments - March 12, 2024 Scoping Letter 77 FAIR DRIVE, POST OFFICE BOX 1200,COSTA MESA CA.92628-1200 Building Safety Division(714)754-5273 Community Improvement Division(714) 754-5638 Housing &Community Development(714)754-4870 Planning Division(714) 754-5245 www.costamesaca.gov 5 ' Page o . ;Q 4111111r .- CITY OF COSTA MESA F. Illt Alf, Z P.O. BOX 1200•77 FAIR DRIVE•CALIFORNIA 92628-1200 ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT March 12, 2024 City of Huntington Beach Office of the City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 Attn: Connor Hyland, Senior Deputy City Attorney Subject: City of Costa Mesa Comments on the Notice of Preparation of a Draft Environmental Impact Report (EIR) for the Pacific Airshow Huntington Beach Project Mr. Hyland, The City of Costa Mesa has reviewed the Initial Study/Notice of Preparation for the Pacific Airshow Huntington Beach Project. Except during the Covid-19 pandemic of 2020, this event has been held annually since 2016. And, because of our proximity, the City of Costa Mesa is familiar with the annual airshow event. 16-14 Additionally,the nature of the airshow and environment in which it occurs is such that the extent of its activities (for example, flybys and aerial acrobatics) must begin and end at destinations located beyond the show center area. Airplanes must be staged at destinations miles away from the viewing area and flight patterns occurring as part of the show often result in overflights within the limits of the City of Costa Mesa that would not otherwise occur. Costa Mesa's adjacency to Huntington Beach,the air show flight patterns,and potential circulation issues give rise to several environmental concerns that have the potential to impact the City of Costa Mesa and its residents. These concerns, which requires addressing in the project's environmental impact report (EIR), include, but are not limited to: 1. Biological Resources Fairview Park in the City of Costa Mesa is located between John Wayne Airport and the event space. Fairview Park is about 208 acres and consists of 195 acres of natural open space and 13 acres of manicured landscape. With the natural open space, there are two Nationally Registered Cultural Resource Historic Sites and five distinct habitat ecosystems, which are home to many rare and endangered plant and animal species. The park is also adjacent to the Santa Ana River. V Building Division 714.754.5273•Community Improvement Division 714.754.5638 Housing&Community Development 714.754.4870•Planning Division 714.754.5245 www.costamesaca.gov The City of Costa Mesa appreciates that the Initial Study acknowledges that two of the six impact areas are likely to have a potentially significant impact and will be studied in the project's EIR. However,we also believe that the Initial Study's determination of no impact upon riparian habitats or other natural communities and wetlands is not accurate. We request that the project EIR's scope include additionally analysis of potential impacts upon these two topic areas given the proximity of Fairview Park, its habitat, its sensitive species,and on-site wetlands to the event and location under or near to overflight routes. 2. Noise The Initial Study indicates that noise impacts are subject to the noise standards of the City of Huntington Beach's Noise Ordinance. However, noise impacts that occur within Costa Mesa's city limits should be evaluated against the standards of Costa Mesa's Noise Ordinance to determine if an impact is present or not. Additionally, the noise analysis should assess the impact of flyover noise upon flora and fauna species located at Fairview Park. 3. Transportation A substantial number of people will utilize freeways and roadways located in the City of Costa Mesa to attend the airshow in Huntington Beach. These will include the 405 freeway,the 55 freeway,the 73 toll road, and various north-south and east-west surface roads that provide access across Costa Mesa connecting it with Huntington Beach. 16-14 The concentrated duration of this event during specific hours of each day during the (cont.) several day event will intensify demand on our roadways and will likely lead to further congestion above normal levels. This congestion will cause vehicle delays and contribute more emissions into the air. The City of Costa Mesa requests that a full assessment of these impacts be included in a project traffic study to assess the project's contribution and to identify alternative transportation modes, including the use of shuttles or similar mass transit options to relieve congest while facilitating the movement of large numbers of people(over 700,000 total people in the past) into and out of the event center multiple times a day for several consecutive days. 4. Air Quality&Greenhouse Gas Emissions The Initial Study acknowledges that John Wayne Airport will be used as a staging area for some of the aircraft used during the airshow. John Wayne Airport is adjacent to the City of Costa Mesa. We appreciate that the project's Initial Study acknowledges that there could be a potentially significant impact related to criteria pollutants and that this concern will be studied in the EIR. V However, we believe that the Initial Study improperly concludes that there will be a less A than significant impact in the areas of 1) exposure of sensitive receptors to substantial pollutant concentrations, and 2) other adverse emissions that may affect a substantial number of people. As such, the City of Costa Mesa requests that the project EIR also fully study these concerns to ensure that flyovers from aircraft staged at John Wayne Airport and those that will overfly Costa Mesa airspace during their performance are assessed and disclosed to the public and decisionmakers. Similarly, the project also needs to fully assess and disclose potential impacts upon greenhouse gas emissions from vehicle travel related to ingress and egress for equipment, concessions, attendance on each day of the event; including the emissions generated by each of the aircraft used each day of the event. 5. Hazards and Hazardous Materials The City of Costa Mesa believes that all topic areas related to hazards and hazardous materials need to be disclosed in the project's EIR. This event will result in aircraft overflights of portions of the City of Costa Mesa that have homes, businesses, and other recreation areas located on the ground below. The nature of emissions from high- performance aircraft upon persons on the ground below should be disclosed and understood to determine what, if any, short-term or long-term potential impacts may result. Additionally, the project EIR should make an attempt to ascertain the hazard 16-14 potential associated with an unexpected mid-air collision or mechanical failure, including (cont.) identifying the fallout zone,to people and property between the venue and John Wayne Airport and along the performer's flight pattern. 6. Tribal Cultural Resources Fairview Park is home to an important archaeological site (4-ORA-58) for the protection of Costa Mesa's indigenous heritage containing what is believed to be one of the largest known Native American sites in the region that was occupied for at least 3,000 years. As it is currently written,the Initial Study fails to identify this resource that is present very close to the event center and certainly under the flight patterns that will occur throughout the week of the airshow. Unless and until archaeological site (4-ORA-58)is discussed in the Initial Study and the project EIR, the analysis and its conclusions are considered incomplete. Please amend the Initial Study to acknowledge the presence of this cultural resource and provide analysis to whether or not there may be a direct or indirect impact. V A 7. Mandatory Findings of Significance Based on the above comments,the mandatory findings of significance should be updated but still reflect a potentially significant environmental impact resulting in the need to prepare a thorough and complete project level EIR. Again, Costa Mesa thanks the City of Huntington Beach for this opportunity to offer our suggestions on the Initial Study including the need for additional analysis to properly assess and fully disclose the potential impacts of, mitigation measures for, and alternatives to the impacts that the Pacific Airshow may have upon the City of Costa Mesa and its residents and businesses. Please let me know if you have any questions. Sincerely, 16-14 (cont.) Scott Drapkin Assistant Director of Development Services (714) 754-5278 or by email: scott.drapkinjcostamesaca.gov cc: City of Huntington Beach Community Development Department 2000 Main Street Huntington Beach,CA 92648 Attn: Hayden Beckman ESA 420 Exchange, Suite 260 Irvine, CA 92602 Attn: Brian Allee, Project Manager Chapter 3.Responses to Comments Comment Letter 16: City of Costa Mesa Response to Comment 16-1 The City of Costa Mesa is included in the City of Huntington Beach's interested parties list and, as such,was notified of release of the Pacific Airshow Draft EIR.The City of Costa Mesa submitted a letter to the City of Huntington Beach on April 7,2025,providing initial comments on the Draft EIR and also requesting a 15-day extension to prepare additional comments.In response,the City of Huntington Beach sent an email to Carrie Tai,AICP,Director,City of Costa Mesa, on April 9,2025,providing the requested 15-day extension until April 21,2025,to receive additional comments.The City of Huntington Beach never received a second comment letter or a further response after the extension. In addition,the City of Costa Mesa submitted a comment letter on the Notice of Preparation of the Pacific Airshow Draft EIR on March 12,2024,which was provided after the Notice of Preparation public review deadline of March 4,2024;nonetheless,the City of Huntington Beach did consider the comments provided when preparing the Draft EIR. Response to Comment 16-2 Refer to Response to Comment 16-1 in terms of the City of Costa Mesa's notification of the Pacific Airshow Draft EIR.The City of Huntington Beach made its best attempt to notify and grant extension to the City of Costa Mesa.The City of Huntington Beach chooses not to include the names and addresses of organizations and people who have previously requested notification regarding the Pacific Airshow Project.Any interested party may request the information through a Public Records Act Request. Response to Comment 16-3 Please refer to Response to Comments 16-1 and 16-2. Response to Comment 16-4 As described in the Chapter 2,Project Description, Section 2.1,Project Location,page 2-1,of the Draft EIR,the Show Center Area is the location where primary on-the-ground events and activities of the Airshow take place.Locally,the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway(State Route 1 or SR- 1)to Beach Boulevard(State Route 39 or SR-39)and Pacific Coast Highway to the Pacific Ocean including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line.The Airshow Performance Area,the primary area for civilian and military aircraft flybys and aerial acrobatics,is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet.A majority of the civilian and military aircraft flybys and aerial acrobatics occur within approximately 500 and 1,500 feet from the shoreline. However,many of the aircraft maneuvers,particularly for the military,also occur into the temporary flight restriction(TFR).The TFR,which is issued by the Federal Aviation Administration(FAA)for the Airshow, is a five nautical mile(NM)ring centered on the center of the Airshow's aerobatic box. The restricted airspace within the ring extends from the surface to 15,000 feet above mean The Pacific Airshow Huntington Beach Project 3-245 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments sea level(MSL).Neither the Applicant(the Airshow operator)nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by terminal radar approach control(TRACON)16,and pilot training related to highly choreographed Airshow sequences by military display teams.While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups,all decisions made during a flight sequence,including the flight paths and altitudes, are individual to the pilot in charge (PIC) subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities.The Show Center Area and Airshow Performance Area collectively comprise of the Project Site. Response to Comment 16-5 As discussed under Response to Comment 16-4,the TFR spans a 5 nautical mile radius and extends from the surface up to 15,000 feet MSL.This restriction is specifically designed to keep commercial and general aviation aircraft out of the designated Airshow airspace.By doing so,the TFR allows Airshow participants to safely reposition their aircraft within the restricted airspace for their performances, eliminating the risk of conflicts with unauthorized aircraft.At all times, the FAA,the Applicant,and pilots are committed to the safe operation of aircraft.While the pilot has ultimate control of the aircraft while in flight,the FAA has the primary role of ensuring safe and efficient use of the National Airspace System(NAS).While aircraft will adhere to the predetermined flight path as much as possible,there may be instances when a pilot needs to make a different decision while in flight to ensure safety. As noted in Section 3.2,Biological Resources, Section 3.2.1 Environmental Setting,pages 3.2-1 and 3.2-2,the proposed flight path and a 500-foot buffer was examined.As such,the biological study area(BSA)does not include the Frank and Joan Randall Preserve,Fairview Park,Talbert Regional Park,or Canyon Park.Additionally,biological monitoring and surveys have been conducted prior to and during the 2023 Airshow to identify potential impacts on bird behavior and none were observed.The Draft EIR also determined that the temporarily impacted areas would not significantly inhibit local or regional movement of wildlife to,from, or within Frank and Joan Randall Preserve,Fairview Park,Talbert Regional Park,or Canyon Park.Neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e., altitude). The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON, and prior pilot training related to highly choreographed Airshow sequences by military display teams. As required by FAA regulations,a PIC is directly responsible for the safe operation of their aircraft and safety of each flight,including any/all passengers and crew.A PIC is the final authority of their aircraft's operation and may deviate from any regulation in 14 CFR,Part 91, Subpart A(General)and Subpart B(Flight Rules)as required to maintain flight safety. While the 16 TRACON is an FAA air traffic control facility using radar and air/ground communications to provide approach control services to aircraft arriving,departing,or transiting the airspace controlled by the facility. The Pacific Airshow Huntington Beach Project 3-246 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups,all decisions made during a flight sequence, including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Response to Comment 16-6 According to Section 3.2,Biological Resources,pages 3.2-44 and 3.2-45 of the Draft EIR,there is a low probability potential for an emergency fuel dump from aircraft in the air for safety reasons.Typically,most of the fuel that is released turns into vapor within a few minutes. If jettisoned at a high enough altitude in above freezing temperature,evaporation rate calculations show that over 90 percent will evaporate before reaching the ground. The fuel vapors typically rapidly dissipate and diffuse in the atmosphere.A typical F/A-18 super hornet has a fuel capacity of approximately 2,000 gallons and might require release of approximately half of that for emergency reasons,which would result in a hypothetical fuel dump of approximately 1,000 gallons of which 100 gallons may reach the nearshore/offshore area of the Huntington Beach area. This would be considered a minor discharge and potentially result in a light surface sheen that would quickly evaporate. It is important to note that these same risks exist with all aviation overflights,not just those from the Airshow,including daily commercial flights that currently occur within the Project area.In the very unlikely event that a fuel dump should occur,the Applicant will work closely with the U.S. Coast Guard to coordinate any potential response, clean up,and messaging efforts. Response to Comment 16-7 Huntington Beach Police are the lead public safety agency for the event. They serve as a conduit to coordinate significant mutual aid and planning with all other public safety agencies including the Federal Bureau of Investigation(FBI),Homeland Security,Orange County Intelligence Assessment Center(OCIAC), Orange County Sheriffs,U.S. Coast Guard,FAA,TRACON, Anaheim Police,Long Beach Fire,and many other agencies. In the very unlikely event of an accident or emergency such as a mid-air collision,collision with ground,mechanical failure,or fuel dump,the Applicant will work closely with the applicable public safety agencies and emergency personnel to coordinate any potential emergency response and messaging efforts. Response to Comment 16-8 The City of Huntington Beach acknowledges the City of Costa Mesa's concerns regarding noise impacts from aircraft operations associated with the Airshow.Based on data from the 2023 event and the Aviation Noise Technical Report(ANTR),aircraft noise may temporarily exceed Costa Mesa's established limits by up to 50 dB,including in noise-sensitive areas,but are expected to be brief and not sustained.Aircraft operations during the Airshow are governed by FAA regulations,with flight paths and altitudes determined by ingress/egress routes, air traffic separation requirements,and pre-established choreography for safety. While the Applicant can influence performance timing and sequencing, actual flight decisions are made by the PIC in coordination with FAA radar facilities.Aircraft are directed to remain over water whenever operationally feasible to reduce inland noise exposure;however,neither the Applicant nor the The Pacific Airshow Huntington Beach Project 3-247 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments City of Huntington Beach can mandate specific flight paths or altitudes. For further detail,refer to Master Response A. Response to Comment 16-9 The Aviation Noise Technical Report(ANTR)was designed to identify the maximum potential extent of noise exposure from individual aircraft types anticipated during the Airshow.While Table 1 presents modeled noise levels for seven representative aircraft,the analysis does not reflect cumulative noise from multi-aircraft formations such as flight demonstrations.This is because precise modeling of cumulative noise effects would require precise data on flight track locations,altitudes,and timing for each aircraft in formation,and this information is not available prior to the event due to the dynamic nature of airshow choreography and FAA-controlled airspace.However,aircraft noise from multiple sources would be additive in the same way as any other noise source with multiple events occurring at the same time.For instance,should multiple flights of the same aircraft occur during an event,the doubling of aircrafts would result in a 3 dBA increase. The ANTR complements the monitored data collected during the 2023 Airshow through on-site noise monitoring.The measurements provide a"real-world"representation of actual noise exposure experienced by surrounding communities,including during multi-aircraft performances. The combination of modeled and monitored data ensures that the analysis reflects both theoretical maximums and observed conditions,allowing for a more comprehensive understanding of potential noise impacts. Response to Comment 16-10 The most recent Noise Monitoring Technical Report dated December 2023,which contains the measurement data collected during the 2023 Airshow,was inadvertently omitted from Appendix E,of the Draft EIR.A previous version of the Noise Monitoring Technical Report dated September 2023 was included in the Draft EIR.While Table 1 in Appendix E from the September 2023 Noise Monitoring Technical Report presents modeled noise levels for individual aircraft,it does not reflect the full scope of observed conditions that were collected during the 2023 Airshow and were included in the analysis provided in Section 3.4 of the Draft EIR.To address this,the Noise Monitoring Technical Report dated December 2023,including all raw measurement data collected during the 2023 event,has been included in Chapter 4, Corrections and Additions.The replacement of the most recent Noise Monitoring Technical Report does not alter the analysis or conclusions of the Draft EIR.. Response to Comment 16-11 Section 2.6.6 of the Draft EIR describes"State Route 55 (SR-55)to Pacific Coast Highway"as one of the primary vehicular travel corridors potentially used by attendees to access the Airshow, without prediction of the level of usage.Traffic count data was collected at the three access points that connect Costa Mesa and Huntington Beach during the 2023 Airshow: Adams Avenue (Location C),Hamilton Avenue/Victoria Street(Location D),and Pacific Coast Highway (Location J);refer to Figure 3.5-1,Map of Daily Vehicle County Locations, in the Draft EIR. The Pacific Airshow Huntington Beach Project 3-248 ESA/202300046.01 Final Environmental Impact Report _ August 2025 Chapter 3.Responses to Comments Table 3-1 below summarizes the daily traffic volumes at the three access point locations(C,D,&J) on Friday,Saturday,and Sunday without and with the Project. TABLE 3-1 SUMMARY OF DAILY TRAFFIC VOLUMES AT THE THREE ACCESS POINT LOCATIONS Fri Sat Sun Fri Sat Sun Location ID Non-Airshow Non-Airshow Non-Airshow Airshow Airshow Airshow C-Adams Ave 15,856 14,162 9,931 16,746 15,456 12,958 D—Hamilton Ave/Victoria St 31,607 28,664 23,086 32,178 29,729 26,515 J—Pacific Coast Highway 43,524 38,959 34,124 42,872 35,262 32,436 Total 90,987 81,785 67,141 91,796 80,447 71,909 Table 3-2 below provides the change in daily volumes and percentage difference without and with the Project. TABLE 3-2 CHANGE IN DAILY VOLUMES WITH AND WITHOUT THE PROJECT AT THE THREE ACCESS POINT LOCATIONS Fri Volume Sat Volume Sun Volume Fri% Sat% Sun% Location ID Change Change Change Change Change Change C-Adams Ave 890 1,294 3,027 5.6% 9.1% 30.5% D—Hamilton Ave/Victoria St 571 1,065 3,429 1.8% 3.7% 14.9% J—Pacific Coast Highway (652) (3,697) (1,688) -1.5% -9.5% -4.9% Total 809 (1,338) 4,768 0.9% -1.6% 7.1% The daily traffic volume along PCH during the Airshow weekend was lower than that of the non- Airshow(baseline)weekend.This does not indicate that no Project-related traffic used PCH,but rather the net result was a reduction in traffic,likely due to some reduction in trips unrelated to the Project. While the daily total volume increased at locations C and D during the Airshow,the magnitude of change is comparable to other special events in the region which cause similar fluctuations in traffic volumes. For example,Table 3-3 below compares the daily traffic volumes during non-Orange County Fair(OC Fair)weekends(baseline)and weekends during the OC Fair using Streetlight, a form of anonymized location-based data sourced from cell phones and GPS units on individual vehicles. Traffic volume at the same three locations(C,D,and J)without the Fair,consisting of the average daily values between 6/19/2024 to 7/18/2024,was compared with weekends during the OC Fair,represented by the average daily values between 7/19/2024 to 8/18/2024. The Pacific Airshow Huntington Beach Project 3-249 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 3.Responses to Comments TABLE 3-3 DAILY TRAFFIC VOLUMES DURING NON-ORANGE COUNTY FAIR(OC FAIR)WEEKENDS(BASELINE)AND OC FAIR WEEKENDS AT THE THREE ACCESS POINT LOCATIONS Average Fri Average Sat Average Sun Average Average Average Location ID Non-OC Fair Non-OC Fair Non-OC Fair Fri OC Fair Sat OC Fair Sun OC Fair C—Adams Ave 38,068 32,242 22,967 39,748 34,529 27,133 D—Hamilton Ave/Victoria St 34,469 29,528 22,909 33,273 29,813 25,472 J—Pacific Coast Highway 54,574 49,047 37,788 51,442 46,888 39,796 Total 127,111 110,817 83,664 124,463 111,230 92,401 Table 3-4 below summarizes the change in total daily volume and the percentage difference between baseline and OC Fair activities. TABLE 3-4 CHANGE IN TOTAL DAILY TRAFFIC VOLUMES AND PERCENTAGE DIFFERENCE DURING NON-OC FAIR AND OC FAIR WEEKENDS AT THE THREE ACCESS POINT LOCATIONS Fri Volume Sat Volume Sun Volume Fri% Sat% Sun% Location ID Change Change Change Change Change Change C—Adams Ave 1,680 2,287 4,166 4.4% 7.1% 18.1% D—Hamilton Ave/Victoria St (1,196) 285 2,563 -3.5% 1.0% 11.2% J—Pacific Coast Highway (3,132) (2,159) 2,008 -5.7% -4.4% 5.3% Total (2,648) 413 8,737 -2.1% 0.4% 10.4% In summary,the level of increase from the Project was modest(7.1 percent)over the course of the three-day(1 weekend)event and less than what is experienced by the OC Fair(10.4 percent) over 30 days(5 weekends)that the OC Fair is active. Response to Comment 16-12 The City of Costa Mesa is included in the City of Huntington Beach's interested parties list and will receive notification of the availability of any future documents associated with the Project, along with any public meetings and public hearings. Response to Comment 16-13 Please refer to Response to Comments 16-1 and 16-2. Response to Comment 16-14 The City of Costa Mesa's comment letter dated March 12,2024,provides comments on the Notice of Preparation of the Draft EIR.Accordingly,this Response to Comments document responds to comments that were specifically raised on the Draft EIR in the City's comment letter dated April 7,2025,rather than the Notice of Preparation comment letter;however,the comments provided on the Notice of Preparation were considered when preparing the Draft EIR. The Pacific Airshow Huntington Beach Project 3-250 ESA/202300046.01 Final Environmental Impact Report August 2025 CHAPTER 4 Corrections and Additions to the Draft EIR This chapter contains a compilation of revisions made to the text of the Draft EIR either in response to a comment or as initiated by the City. Some of the staff-initiated text changes are made in reflect additional information provided by the Applicant as part of the Coastal Development Permit(CDP)process for the Pacific Airshow.The text changes made in responses to comments and the staff-initiated text changes do not alter the analysis or conclusions in the Draft EIR. All revisions are previously introduced in Chapter 3 of this Final EIR but are summarized here for convenience of the reader. Where the responses indicate additions or deletions to the text of the Draft EIR,additions are indicated in underline and deletions in stFikeeut. 4.1 Text Changes Made in Responses to Comments Chapter 2, Project Description Section 2.6.4, Airport Origin, Airshow Flight Paths, and Airshow Performance Duration Pages 2-10 and 2-11 The Airshow airport origins,Airshow flight paths,and Airshow performance durations are subject to change each year for the Airshow.As discussed above,future Airshows are anticipated to be held annually for three(3)days to up to five(5)days,generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow.A majority of the aircraft originate from,but are not limited to,the Joint Forces Training Base Los Alamitos Airfield(KSLI)located in Los Alamitos,California(approximately 12 aircraft in 2023)and John Wayne Airport(SNA) located in Santa Ana, California(approximately 9 aircraft in 2023). Other airports to originate one to two aircraft are March Air Reserve Base(RIV)located Riverside County(approximately 2 aircraft for 2023),Fullerton Municipal Airport(FUL)located in Fullerton,California(1 aircraft for 2023),Los Angeles International Airport(LAX)located in Los Angeles,California(1 aircraft for 2023), San Diego International Airport(SAN)located in San Diego, California(0 aircraft for 2023), Channel Islands Air National Guard Station located at Port Hueneme,California(1 aircraft for 2023),and Edwards Air Force Base(EDW)located in Kern County(1 aircraft for 2023). Many of the aircraft,particularly the larger ones,hold out over the water and only make a few passes in front of the Show Center Area before returning to their origin airports. Typically,the duration of the aircraft over the Show Center Area ranges between approximately two minutes to up to 45 minutes. The Pacific Airshow Huntington Beach Project 4-1 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR Numerous daily flights by commercial and private aircraft currently fly over the BCER and helicopters regularly land at a helipad located within the BCER. However,the Project could increase the amount of air traffic that occurs over the BCER.The Applicant will provide mandatory in-person or virtual daily formal briefings each day of the Airshow to all participating pilots about the location,nature, and sensitivity of the BCER and will request avoidance of both overflights and streamer drops over this area.In addition,the Applicant will advise Southern California Terminal Radar Approach Control Facilities(TRACON)and the Joint Forces Training Base Los Alamitos Airfield Tower on the location,nature,and sensitivity of the BCER and will request avoidance of overflights in this area.The Applicant will work with Southern California TRACON to establish routes in/out of the Airshow airspace and supporting airfields to avoid overflight of the BCER.When overflights of the BCER cannot be avoided,the Applicant will request that such overflights occur at 1,000 feet above ground level or above.While it is the desire of the Applicant to avoid incursions over the BCER,it is important to note that the Applicant possesses no authority to restrict such activities. nir-show related debris drifts into the.e iti sve e ologica1 e Airshow. Neither the Applicant nor the City of Huntington Beach can dictate or restrict flight paths or elevation(i.e.,altitude).The determination of flight paths and altitudes are dictated predominantly by ingress and egress routes to/from the Airshow Performance Area,required vertical and horizontal separation from other air traffic as directed by TRACON,and prior training related to highly choreographed Airshow sequences by military display teams. As required by FAA regulations,a pilot in command(PIC)is directly responsible for the safe operation of their aircraft and safety of each flight,including any/all passengers and crew.A PIC is the final authority of their aircraft's operation and may deviate from any regulation in 14 CFR, Part 91, Subpart A(General) and Subpart B(Flight Rules)as required to maintain safety of flight. While the Applicant can influence the sequence and timing of each performer's display in the overall Airshow lineups,all decisions made during a flight sequence,including the flight paths and altitudes,are individual to the PIC subject to safety of flight considerations and other factors as communicated to the pilot from the appropriate supporting radar facilities. Because pilots could be instructed by the air traffic control(ATC)to fly over the BCER due to these factors above,preactivity surveys and biological monitoring will be conducted each year to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow- related debris drifts into the sensitive ecological areas.Further,future Airshow and applicable Airshow activities(i.e.,Airshow set up and site breakdown,aircraft flight familiarization and The Pacific Airshow Huntington Beach Project 4-2 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR flight practice flyovers will not begin prior to September 15 each Airshow year. The specific monitoring efforts will include the following: • A qualified biologist(familiar with nesting shorebirds and possessing all necessary permits) will conduct a preactivity survey of the areas with documented sensitive biological resources, including the BCER,areas known to support historic or existing state and/or federally listed species,such as the western snowy plover and California least tern,and the Show Center Area.These surveys will occur one day before any pre-Airshow activities and continue through every day of pre-Airshow and Airshow activities_to observe baseline_avian behavior and the effects of the Airshow on bird behavior. • The qualified biological monitor will be present in areas with documented sensitive biological resources,including the BCER,areas known to support historic or existing state and/or federally listed species,such as the western snowy plover and California least tern, and the Show Center Area during the Airshow to monitor bird activity and reactions during the event. • If nests are found,the qualified biologist shall establish a 300-foot buffer for CEQA-or ESA- listed species and a 500-foot buffer for Fully Protected species. The buffer shall be between the Airshow activities,including presence of spectators, and the nest site. The buffer shall be delineated with construction fence,and signs shall be posted along the fence informing the public of the sensitive nature of the nesting site and indicating the area shall not be entered. • Trash and debris in the vicinity of nest sites or other sensitive habitats shall be removed by or at the discretion of the qualified biologist. • During the 2023 Airshow,no noticeable change in avian behavior was observed and no California least tern or western snowy plover were observed. If a noticeable change in behavior(i.e.,flushing or flying off)by state and/or federally listed species (e.g.,western snowy plover, California least tern, and/or Belding's savannah sparrow)is observed by the biological monitor resulting from flyovers during future Airshows,the monitor will consult with the City and the Applicant to propose an increase in flight elevation,recognizing that the FAA flight controllers, and the pilots ultimately determine flight elevations. • Following the conclusion of the annual Airshow,the biological monitor will prepare a post- ,Airshow report to: (1)document observations,including reporting any relevant information to the CNDDB website and/or CDFW's Vegetation Classification and Mapping Program (although the focus of the monitoring efforts is on avian species); (2)identify measures that were taken,as needed,to avoid potential impacts to nesting or sensitive species; and(3) provide recommendations for future Airshows. The report will be made available to the public on the City's website. The Pacific Airshow Huntington Beach Project 4-3 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR To ensure enforceability of the biological monitoring efforts,this Project Description Feature-1 will be voluntaril included in the Proiect's Miti ation Monit rin and Re orting Pro am (MMRP In summary.the fo to in• will occur to ensure that •otential impacts to nesti p r birds remain less than significant: • Pre-airshow activities would occur at least one week beyond the end of the identified nesting season for the California least tern and the western snowy plover and well beyond the end of the identified nesting season for the light-footed Ridgway's rail and general avian species. • Monitoring efforts will be conducted before and during the Airshow to survey for nests and provide measures to avoid potential impacts. • Daily briefings have and will continue to occur,although the outcome of those briefings cannot be guaranteed. Section 2.6.6, Access, Ingress/Egress, Road Closures, and Parking Pages 2-13 and 2-14 2.6.6 Vehicular Access,Ingress/Egress,Road Closures,eficl Parking,and Public Access The primary vehicular travel corridors to access the Show Center Area are from Interstate 405 (I- 405)to either Beach Boulevard,Magnolia Street,Brookhurst Street,or Goldenwest Street; State Route 55 (SR-55)to Pacific Coast Highway;or Seal Beach Boulevard to Pacific Coast Highway. Based on previous Airshows,temporary changes to vehicular ingress and egress of the Airshow area are anticipated to result from the following restrictions: establishment of a staging area for emergency response personnel between the 200-300 block of southbound 1st Street; installation of staging equipment for the Airshow on Main Street between Walnut Avenue and Pacific Coast Highway; and temporary use of an auxiliary lane to facilitate exiting vehicles from the public parking lots on southbound Pacific Coast Highway approximately 300 feet before the intersection at Beach Boulevard.Future Airshows do not propose substantial or permanent changes to the existing circulation elements,or temporary road closures,which would affect transit vehicles, automobiles,bicycles,or pedestrians beyond what has occurred for historic Airshows. Patrons arriving by vehicle are permitted to park within the Huntington Beach public parking areas,where the Applicant coordinates with the City to reserve parking spaces dedicated to Airshow attendees.Access to the public parking lots adjacent to the Show Center Area are located along Pacific Coast Highway at the intersection of 6th Street, 1'Street,Huntington Street, Beach Boulevard,and a right-in-right out driveway mid-block between Main Street and 1st Street. Additional public parking southeast of the Show Center Area can be accessed at Newland Street, Magnolia Street,and Brookhurst Street. On-street parking in the general vicinity is allowed except where the temporary restrictions are implemented along Pacific Coast Highway, along with other streets with temporary closures as described above.The Applicant encourages the use of ride share,provides ride share pick up/drop off locations and provides bicycle valet services as The l: nt.,nd Ci 1,1 : ple nt f.tu. ent shuttlo that part ofthe Airshow. ., rr �.,�a. ..ta �a�y;,;,;� Center Area. It is anticipated the City would close the parking entrance located at Huntington Street and Pacific Coast Highway for the Airshow's exclusive use during event staging of The Pacific Airshow Huntington Beach Project 4-4 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR equipment,set up,production on event days,and event breakdown.The Airshow typically utilizes approximately 500 parking spaces beginning with the first day of setup and the last day of tear down. The 500 parking spaces represents approximately 8 percent of the total available public access parking within Huntington City Beach and Huntington State Beach,including over 6,500 available parking spaces in the Project vicinity. The RV camping lot at this location would be reserved for curation and sale of the Airshow's RV Camping Experience with camping check- in offered on the day prior to the start of the Airshow check-out the Monday following the Airshow. The A imho....., ls„have ,5 RV,ampin spaces ra..en,ea f r product:o..use and set up beginning prior to the start of the Airshow up to tho Friday following the end of tho Airshow. All other details regarding parking will be governed by a future agreement between the City and the Applicant. During the Airshow and multi-day music festival, and only during event operations and music festival hours,public access would be limited to ticketed holders within the defined areas through the use of fencing and Airshow personnel and security. To ensure public safety durin.the event's set up and tear down phases certain beach areas will have restricted access due to high-risk activities,including the use of heavy machinery,sharp objects,trip hazards,and other potential dangers to the public. Some areas,particularly those near the flight high-risk zones;may be closed off for public safety These zones are typically marked, and access is restricted to ensure that no pedestrians enter dangerous areas during the Airshow performances and nighttime flyovers during the multi-day music festival However,public beach areas located beyond the Show Center Area will be oven to unrestricted public access for both spectators and beacheoers. as well as boaters within the Pacific Ocean located beyond the Airshow Performance Area.While the Airshow is hosted over Huntington City Beach,the event does not close off the entire beach. In fact, only approximately 8 percent of the available sandy beach space along the entire Huntington Beach coastline is occupied by the ticketed areas and all other areas of the sand beach, including substantially all of the other public spaces are free to view spaces. Section 2.7, Review and Approvals Page 2-15 The Airshow is anticipated to require the following review and approval by the City of Huntington Beach as the Lead Agency under CEQA and the California State Lands Commission as a Responsible Agency under CEQA: • Certification of the Final Environmental Impact Report. • Issuance of a Coastal Development Permit(CDP)from the California Coastal Commission (CCC). • Approval of a State Lands Lease(s) and/or Lease Amendment from the California State Lands Commission. • Approval of the Specific Event Permit Application. The Pacific Airshow Huntington Beach Project 4-5 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR Chapter 3, Environmental Setting, Impacts, and Mitigation Measures Section 3.2, Biological, Resources 3.2.5.1 Special-Status Species Page 3.2-40 Above ground,flights associated with the Airshow could result in bird strikes.According to a 2006 study,the majority of bird strikes(74 percent)occur within 500 feet above ground level (Dolbeer 2006). In addition,the FAA reported that 70 percent of bird strikes from 1990 to 2022 occurred at 500 feet above ground level(FAA 2023).The majority of the flights planned for the Airshow are expected to fly 500 to 1,000 feet above mean sea level(MSL)and would only occur during the Airshow hours(historically between 10:00 AM and 5:00 PM)and at nighttime,when bird activity is lower. As discussed above,numerous daily flights by commercial and private aircraft currently fly over the BCER and helicopters regularly land at a helipad located within the BCER next to the tidal inlet.Although the Applicant would provide daily formal briefings each day of the Airshow to all pilots about the sensitivity of BCER and would request avoidance of overflights over the area,the Project could increase the amount of air traffic that occurs over the Bolsa Chica Creek Ecological Reserve.Because pilots could be instructed by the FAA to fly over determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow Because pilots could be instructed by the Air Traffic Control(ATC)to fly over the BCER,preactivity surveys and biological monitoring will be conducted each year to determine whether Airshow activity is impacting bird behavior and to ensure that no Airshow-related debris drifts into the sensitive ecological areas.The specific monitoring efforts will include the following: • A qualified biologist(familiar with nesting shorebirds and possessing all necessary permits) will conduct a preactivity survey of the areas with documented sensitive biological resources, including the BCER,areas known to support historic or existing state and/or federally listed species,such as the western snowy plover and California least tern and the Show Center Area. These surveys will occur one day before any pre-Airshow activities and continue through every day of pre-Airshow and Airshow activities to observe baseline avian behavior and the effects of the Airshow on bird behavior. • The qualified biological monitor will be present in areas with documented sensitive biolo!ical resources,including the BCER,areas known to support historic or existin. state and/or federally listed species,such as the western snowy plover and California least tern,and the Show Center Area during the Airshow to monitor bird activity and reactions duri g the event. • If nests are found,the qualified biologist shall establish a 300-foot buffer for CEQA-or ESA- listed species and a 500-foot buffer for Fully Protected species. The buffer shall be between the Airshow activities,including presence of spectators,and the nest site.The buffer shall be delineated with construction fence, and signs shall be posted along the fence informin, the public of the sensitive nature of the nesting site and indicating the area shall not be entered. The Pacific Airshow Huntington Beach Project 4-6 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR • Trash and debris in the vicinity of nest sites or other sensitive habitats shall be removed by or at the discretion of the qualified biologist. • During the 2023 Airshow,no noticeable change in avian behavior was observed and no California least tern or western snowy plover were observed. If a-noticeable change in behavior(i.e.,flushing or flying off)by state and/or federally listed species(e.g.,western snowy plover, California least tern,and/or Belding's savannah sparrow)is observed by the biological monitor resulting from flyovers during future Airshows,the monitor will consult with the City and the Applicant to propose an increase in flight elevation,recognizing that the FAA, flight controllers,and the pilots ultimately determine flight elevations. • Following the conclusion of the annual Airshow,the biological monitor will prepare a post- Airshow report to: (1)document observations,including reporting any relevant information to the CNDDB website and/or CDFW's Vegetation Classification and Mapping Program (although the focus of the monitoring efforts is on avian species); (2)identify measures that were taken,as needed,to avoid potential impacts to nesting or sensitive species• and(31 provide recommendations for future Airshows.The report will be made available to the public on the City's website. 3.2.5.2 Migratory Wildlife Corridors Page 3.2-42 The Project may temporarily impact wildlife movement within the BSA as a result of aircraft flyovers. This increased presence could disrupt local movement and displace wildlife within the BSA.Natural reserves and open space areas including BCER and the Huntington Beach Wetlands found to the north and south of the Show Center Area offer refuge for displaced wildlife utilizing upland habitats can disperse to other upland areas in the vicinity, and the temporarily impacted areas would not significantly inhibit local or regional movement of wildlife within these avoided areas of the BSA. Wildlife that is more sensitive to human disturbances and noise may be deterred by the Project related activities. The BCER is an important area in the Pacific Flyway for migratory birds species which are protected under the Migratory Bird Treaty Act of 1918 (MBTA, 16.U.S.0 703-712). The BCER is also under the protection of California Fish and Wildlife Code Section 630(17)of Title 14(CDFW 2023c),which states that"no aircraft operations are permitted in a reserve, and low flyovers are in violation." Sound pollution and repeated overhead flyovers can pose a threat to wildlife or harass wildlife species when they occur directly over an occupied area causing bird populations to take flight each time a plane or low flying aircraft fly over.While the proposed flight path to the Airshow Performance Area is planned to occur 500 to 1,000 feet west of the BCER,over the Pacific Ocean,a helicopter landing/runway display would occur on a temporary aircraft landing pad to be located within the Show Center Area during the hours of the Airshow. The Airshow Performance Area and the Show Center Area are located approximately 2.5 miles south of the BCER with performances scheduled to occur over the Pacific Ocean.Therefore,performances and flyovers will not take place directly over BCER.Also,during the Airshow,planes are expected to fly between 500 to 1,000 feet above MSL(as previously stated,most strikes occur below 500 feet)within the flight path to and from the Show Center Area.Aircraft would be instructed to avoid flying over BCER. A majority of the flights planned for the Airshow would occur 1,000 feet above MSL and would only occur during the Airshow hours(between 10:00 AM and 5:00 PM).Additionally,the The Pacific Airshow Huntington Beach Project 4-7 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR operator will provide daily formal briefings each day of the Airshow to all operators on the sensitivity of BCER and request avoidance of overflights over the area. Because there is a chance that pilots could be pies-are instructed by the AX to fly over BCER, each year,preactivity surveys and biological monitoring will be conducted as part of the Project, at least one day prior to the pre-Airshow activities and during the operation of the Airshow to confirm if Airshow activity is impacting bird behavior, as well as watching that no Airshow-related debris drifts into sensitive ecological areas. The specific elements of the biological monitoring efforts are described under Section 3.2.5.1,Special-Status Birds. Thus,it is not anticipated that the Project will result in temporary indirect impacts to BCER. Appendices Appendix E, Aviation Noise Technical Report (December 2023) The most recent Noise Monitoring Technical Report dated December 2023,which contains the measurement data collected during the 2023 Airshow,was inadvertently omitted from Appendix E,of the Draft EIR.A previous version of the Noise Monitoring Technical Report dated September 2023 was included in the Draft EIR.While Table 1 in Appendix E from the September 2023 Noise Monitoring Technical Report presents modeled noise levels for individual aircraft,it does not reflect the full scope of observed conditions that were collected during the 2023 Airshow and were included in the analysis provided in Section 3.4 of the Draft EIR.To address this,the Noise Monitoring Technical Report dated December 2023,including all raw measurement data collected during the 2023 event,has been included and attached to the end of this Chapter. The previous version of the Noise Monitoring Technical Report dated September 2023 has been deleted.The replacement of the most recent Noise Monitoring Technical Report does not alter the analysis or conclusions of the Draft EIR. 4.2 Staff Initiated Text Changes Chapter 2, Project Description Section 2.6.5, Show Center Area Layout and Event Viewing Page 2-13 The Pier Seating Area(Area B)includes temporary seats for purchase and includes umbrellas, cocktail tables and two cash bars.All Pier Seating is landward of the State Lands Commission mean high tide line. future Airshows. Only a portion of the The Pier would be reserved for seated ticketholders and and would be open to the public before and after the event times each day.A 15-foot wide area would be provided and kept clear along the length of the pier for emergency vehicle access during event times each day. The Show Center Control Area located within the center of the Main Hospitality Area(Area D)includes the elevated show control and broadcast room,production and sound tents,and a public safety station. Following each future Airshow,the Show Center Area would be restored to pre-Project conditions. The Pacific Airshow Huntington Beach Project 4-8 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR Section 2.6.7, Airshow Set Up and Site Breakdown Page 2-14 The Airshow set up would be limited to the Show Center Area. Set up of event facilities (i.e., tented pavilions, cabanas,tents,booths,tables,chairs,restroom trailers,portable bathrooms, barricades,runways,walkways,mobile security light towers,nighttime lighting for the potential music festival,speakers,and trash receptacles/dumpsters)is anticipated to begin up to two weeks prior to the start of the Airshow with a typical day of set up beginning at 6:00 AM and ending by 8:00 PM.All lighting would be low lumens,shielded,and directed away from the ocean to avoid impacts to marine life.In addition,the lifeguard towers within the Show Center Area would be temporarily relocated to other nearby areas of the beach by the City's Public Works Department. The relocation of the lifeguard towers would ensure there are clear lines of sight for Airshow operations staff in the Airshow Command Center and that the parachute landing zone would be cleared of any hazards or physical obstructions. Further,the Applicant would place 16 to 20 buoys offshore to properly designate the aerobatic box which must be clearly visible from the air per FAA and Depai Intent of Defense DOD)regulations The buoys would be large white inflatable buoys made from marine vinyl approximately 10' x 10' x 10' in dimension. The buoys would be anchored to the sand-bottom sea floor(i.e.,similar to how small vessels would anchor) using a 13-pound Danforth anchor with 10-foot chain with the required length of rope for the approximate 40-foot depth of ocean and sandy bottom The buoys would be individually marked with strobe lights such that they could be clearly seen at night by vessels navigating the ocean The buoys would be deployed and lowered in the ocean by the City's Marine Safety Division • using a combination of lifeguard boats and personal watercraft to ensure proper placement and functionality and to manage throughout the Airshow. Site breakdown would involve removal of all equipment and temporary facilities.Required equipment would include rubber-tired loaders,forklifts,pick-up trucks with-trailers,4-wheel drive all-terrain carts, and construction light towers.All materials,trash,and debris would be removed from the beach and disposed of off-site daily and at the conclusion of the Airshow. Site breakdown would begin on the final event day(Sunday)following the end of the Airshow from 5:00 PM through 12:00 AM and would continue on the Monday through Friday,from 6:00 AM to 8:00 PM, each day following the Airshow until completed.All lifeguard towers would be reinstated by the City's Public Works Department to their original locations prior to the Airshow Further,the buoys.would be retrieved by the City's Marine Safety Division using a combination of lifeguard boats and personal watercraft following the conclusion of the Airshow. Section 2.6.8, Event Security Page 2-14 The City of Huntington Beach Police Department(HBPD)would serve as the lead public safety agency for the Airshow. The HBPD would serve as a conduit to coordinate significant mutual aid and planning efforts with other public safety agencies including,but not limited to the Federal Bureau of Investigation(FBI),Homeland Security,Orange County Intelli!ence Assessment Center(OCIAC),the Orange County Sheriff Department,U.S. Coast Guard,the FAA,and TRACON. In addition to foot.and motor patrols provided by the City of Huntington Beach Police The Pacific Airshow Huntington Beach Protect 4-9 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR Department(HBPD)during the event days,private security would also be provided by the Applicant. The private security company would coordinate crowd control,internal security,venue safety,and emergency evacuation in coordination with the HBPD. Compulsory bag and container checks would be required to ensure that no attendees bring in prohibited items onto the Huntin•ton Beach Pier or into the ticketed venue areas for the duration of each Airshow da,.In addition,HBPD motor officers and parking control officers would be deployed to maintain traffic flow along Pacific Coast Highway and to enforce parking restrictions in the vicinity.Fire and medical services would be provided by the Huntington Beach Fire Department(HBFD).Located throughout the venue are emergency vehicle staging areas and access lanes,first aid stations,and lost and found stations.Access lanes throughout the Show Center Area would be restricted for emergency vehicles and personnel throughout the Airshow. Section 2.6.9, Utilities Page 2-14 Trash/waste(i.e.,general waste/trash,recycling waste,food waste,restroom waste),water, and wastewater are the responsibility of the Applicant to work directly with the City for coordination and execution.Each year of the Airshow,the Applicant would prepare a Pollution Protection Plan as a condition of the annual Specific Event Permit for review and approval by the City. Consistent with the City's franchise agreement,the Applicant would contract and coordinate refuse needs with the City's waste management provider,Republic Services. Republic Services would provide cardboard general waste and recycling bins with lids to be located throughout the Show Center Area including the reserved parking lot areas and would place dumpster bins in accordance with expected attendance.Dedicated food waste bins would be placed in the hospitality areas throughout the venue.The Applicant would be responsible to replace all full trash can liners throughout the venue and to place the trash from the bins into the dumpsters to then be removed by Republic Services following the conclusion of the Airshow. The Applicant would encourage all food vendors to avoid plastics(straws,cups,lids)and recommended to use paper straws or straw less lids.For non-potable water demand,the Applicant would use a water coupler to access the irrigation in the planters in the City's parking lots for the Airshow's parking lot activation activities.For potable water,the Applicant would bring in their own water tank and utilize it for filling the wave pool comprised of approximately 10,000 gallons,luxury restroom trailers,washing stations,and catering. The water tank would be filled using the City's hydrants. Alternatively,through an agreement with the Utilities Division in the Public Works Department of the City,a water meter could be installed on the hydrants in the City's parking lots to allow the Airshow to connect directly into the hydrant for potable water to fill the Applicant's water tank and to pay the event's water bill according to Airshow usage on the meter.Restrooms available for the Airshow would consist of the existing restrooms,over one-hundred(100)portable and ADA compliant bathrooms,and several restroom trailers located throughout the venue.All restroom facilities would be cleaned and serviced at the conclusion of the Airshow each day.Each of the single portable restrooms would sit in a containment tray on top of plywood(or other suitable flooring)and would not be within 50 feet of an existing storm drain.Wastewater generated from the Airshow would be hauled off by the Applicant's vendors(i.e.,portable bathrooms and restroom trailers). Propane would be used for cooking and heating.Electrical power connections to the City's electric grid would be provided throughout the venue. The Pacific Airshow Huntington Beach Project 4-10 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR Chapter 3, Environmental Setting, Impacts, and Mitigation Measures Section 3.3.5, Impact Analysis 3.3.5.1 Wildlife Hazard Analysis Page 3.3-11 Impact 3.3-1: For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,the project would not result in a safety hazard or excessive noise for people residing or working in the project area. As previously mentioned in Section 3.3.5,most bird strike incidents occur during March through April and August through November when seasonal migration typically occurs.While birds are more likely to be struck during the day due to increased civil aircraft flight during the day (FAA 2023),seasonal migration is generally nocturnal. Airshow flights have historically occurred mid-day(between 10:00 AM and 5:00 PM. which is when the majority of flights would occur. Therefore,because a majority of no flights related to the Airshow are not planned to occur at night,the potential for impacts to aircraft from collisions with migratory birds are expected to be less than significant. The Pacific Airshow Huntington Beach Project 4-11 ESA1202300046.01 Final Environmental Impact Report August 2025 Chapter 4.Corrections and Additions to the Draft EIR This page intentionally left blank The Pacific Airshow Huntington Beach Project 4-12 ESA/202300046.01 Final Environmental Impact Report August 2025 Appendix E Aviation Noise Technical Report PACIFIC AIRSHOW HUNTINGTON BEACH Aviation Noise Monitoring Technical Report December 2023 r ESA • • PACIFIC AIRSHOW HUNTINGTON BEACH Aviation Noise Monitoring Technical Report December 2023 420 Exchange (- ESA Suite 260 Irvine,CA.92602 - 949.753.7001 acacgoc.com Bend Orlando San Jose Camarillo Pasadena Santa Monica Delray Beach Petaluma Sarasota Destln Portland Seattle Irvine Sacramento Tampa Los Angeles San Diego Oakland San Francisco 202300048,01 OUR COMMITMENT TO SUSTAINABILITY ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions.ESA is a registered assessor with the California Climate Action Registry,a Climate Leader, and founding reporter for the Climate Registry.ESA Is also a corporate member of the U.S.Green Building Council and the Business Council on Climate Change(BC3).Internally,ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations.This document was produced using recycled paper. TABLE OF CONTENTS Page: 1 Introduction 2 2 Fundamentals of Noise 2 3 Noise Monitoring 8 3.1 Methodology 8 3.2 Measurement Sites 10 3.3 Monitoring Results 13 Appendix A--Time History Graphs A-1 Appendix B—Calibration Certificates B-1 Appendix C—Airshow Schedule C-1 Tables: Table 1. Common Sound on the A-Weight Decibel Scale 6 Table 2.Ambient Noise Levels (dB) 13 Table 3. Site M1 - Measured Events at Bolsa Chica Basin State Marine Conservation Area 13 Table 4. Site M2—Measured Events at Pacific City Park 14 Table 5. Site M3—Measured Events at Hyatt Regency Hotel 15 Table 6. Site M4—Measured Events at Pecan Avenue and 8th Street 16 Table 7. Site M7—Measured Events at Huntington Beach City Hall 17 Table 8. Site M9—Measured Events at Peterson Elementary School 18 Figures: Figure 1. Common Sound on the A-Weighted Decibel Scale 5 Figure 2. Sound Exposure Level and Maximum Sound Level 6 Figure 3. Example of Day Night Average Sound Level Calculation 7 Figure 4. Measurement Site Locations for the 2023 Airshow 9 Noise Monitoring Technical Report I ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 1 Introduction The Pacific Airshow (Airshow) is an existing airshow performance comprised of civilian and military aircraft flybys and aerial acrobatics. Historically,the Airshow has attracted an estimate of up to hundred thousands of attendees. The Airshow is held annually for three (3) days during the fall season since 2016, generally between 7th Street and Beach Boulevard (SR-39) in the City of Huntington Beach (City), California, except in 2020 during the COVID-19 pandemic. During the 2021 Airshow, an unrelated oil spill from a pipeline leak off the Orange County coast resulted in the cancelation of the final day to allow for cleanup efforts. In 2023, the Airshow took place from September 29 to October 1. In response, ESA is assisting the City with developing a noise analysis to evaluate and document potential noise exposure related to the 2023 Airshow. This analysis is focused on attended noise monitoring that took place during the Airshow to determine potential effects within the City due to performing aircraft.This technical report provides a foundation intended to facilitate conversations between the City and its surrounding neighborhoods related to the contributions of the aircraft operations to the local noise environment during the airshow. It provides an overview of the fundamentals of noise,noise monitoring sites,noise monitoring protocols,and monitoring results. 2 Fundamentals of Noise This section presents fundamental terminology and noise metrics most commonly used to quantify noise.Noise metrics can be categorized into two primary types: (1)those describing isolated noise events, referred to as single-event metrics, and (2) metrics that gauge the overall noise exposure over a specified duration, referred to as cumulative noise metrics. Single-event metrics provide insights into the intrusiveness, loudness, or overall disturbance caused by individual aircraft or helicopter noises while cumulative metrics serve as indicators of community annoyance. Environmental Noise Fundamentals The measurement and human perception of sound involve two basic physical characteristics: intensity and frequency.Intensity is a measure of the acoustic energy of sound vibrations,expressed in terms of sound pressure. The higher the sound pressure, the more energy carried by the sound and the louder the perception of that sound. The second important physical characteristic is sound frequency, which is the number of times per second the air vibrates or oscillates. Low-frequency sounds are characterized as rumbles or roars,while high-frequency sounds are typified by sirens or screeches. Sound, traveling in the form of waves from a source, exerts a sound pressure level (referred to as sound level),which is measured in decibels(dB). On this scale,zero dB corresponds roughly to the threshold of human hearing and 120 to 140 dB corresponds to the threshold of pain.Pressure waves traveling through air exert a force registered by the human ear as sound.Noise is commonly defined as unwanted sound. Sound pressure fluctuations can be measured in units of hertz (Hz), which correspond to the frequency of a particular sound. Typically, sound does not consist of a single frequency,but rather a broad band of frequencies varying in levels of magnitude (sound power). When all the audible frequencies of a sound are measured,a sound spectrum is plotted consisting of a range of frequencies Noise Monitoring Technical Report 2 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 spanning 20 to 20,000 Hz.The sound pressure level,therefore,constitutes the additive force exerted by a sound corresponding to the sound frequency/sound power level spectrum. The typical human ear is not equally sensitive to all frequencies of the audible sound spectrum. As a consequence, when assessing potential noise impacts on humans, sound is measured using an electronic filter that de-emphasizes the frequencies below 1,000 Hz and above 5,000 Hz in a manner corresponding to the human ear's decreased sensitivity to extremely low and extremely high frequencies. This method of frequency weighting is referred to as A-weighting and is expressed in units of A-weighted decibels(dBA).A-weighting follows an international standard methodology of frequency weighting and is typically applied to community noise measurements. General Characteristics of Aircraft Noise Outdoor sound levels decrease as a function of distance from the source and as a result of wave divergence,atmospheric absorption,and ground attenuation.If sound is radiated from a source in a homogenous and undisturbed manner, the sound travels as spherical waves. As the sound wave travels away from the source, the sound energy is distributed over a greater area, dispersing the sound power of the wave. Spherical spreading of the sound wave reduces the noise level, for most sound sources,at a rate of 6 dB per doubling of the distance. Atmospheric absorption also influences the levels that are received by the observer. The greater the distance sound travels, the greater the influence of atmospheric effects. Atmospheric absorption becomes important at distances of greater than 1,000 feet.The degree of absorption is a function of the sound frequency, as well as the humidity and temperature of the air. For example, atmospheric absorption is lowest at high humidity and higher temperatures. Turbulence and gradients of wind, temperature, and humidity also play a significant role in determining the degree of attenuation. Certain conditions,such as inversions,can also result in higher sound levels that would result from spherical spreading as a result of channeling or focusing the sound waves. Absorption effects in the atmosphere vary with frequency. The higher frequencies are more readily absorbed than.the lower frequencies. Over large distances, the lower frequencies become the dominant sound as the higher frequencies are attenuated. The effects of ground attenuation on aircraft noise propagation are a function of the height of the source and/or receiver and the characteristics of the terrain. The closer the source of the noise is to the ground,the greater the ground absorption.Terrain consisting of soft surfaces,such as vegetation, provides for more ground absorption than hard surfaces, such as a large parking lot. Aircraft noise originates from both the engines and the airframe of an aircraft,but the engines are, by far, the more significant source of noise. Meteorological conditions affect the transmission of aircraft noise through the air. Wind speed and direction, and the temperature immediately above ground level, cause diffraction and displacement of sound waves. Humidity and temperature materially affect,the transmission of air-to-ground sound through absorption associated with the instability and viscosity of the air. Aircraft Noise Descriptors The description, analysis, and reporting of aircraft noise levels is made difficult by the complexity of human response to sound and the myriad of sound-rating scales and metrics that have been Noise Monitoring Technical Report 3 ESA 1202300046.01 Pacific Airshow Huntington Beach December 2023 developed for describing acoustic effects. Various rating scales have been devised to approximate the human response to the"loudness"or"noisiness"of a sound.Noise metrics have been developed to account for additional parameters, such as duration and cumulative effect of multiple events. Noise metrics can be categorized as single-event metrics and cumulative metrics. Single-event metrics describe the noise from individual events, such as an aircraft flyover. Cumulative metrics describe the noise in terms of the total noise exposure over a period of time. A-Weighted Sound Pressure Level(dBA) The decibel is a unit used to describe sound pressure level. When expressed in dBA,the sound has been filtered to reduce the effect of very low and very high frequency sounds,much as the human ear filters sound frequencies. Without this filtering, calculated and measured sound levels would include events that the human ear cannot hear(e.g., dog whistles and low frequency sounds, such as the groaning sounds emanating from large buildings with changes in temperature and wind).With A-weighting, calculations and sound monitoring equipment approximate the sensitivity of the human ear to sounds of different frequencies. Some common sound levels on the dBA scale are listed in Figure 1. As shown, the relative perceived loudness of a sound doubles for each increase of 10 dBA, although a 10-dBA change in the sound level corresponds to a factor of 10 changes in relative sound energy. Generally, single- event sound levels with differences of 2 dBA or less are not perceived to be noticeably different by most listeners. Maximum A-Weighted Level(Lmax) Lmax is the maximum, or peak, sound level during a noise event.The metric only accounts for the highest A-weighted sound level measured during a noise event, not for the duration of the event. For example,as an aircraft approaches,the sound of the aircraft begins to rise above ambient levels. The closer the aircraft gets,the louder the sound until the aircraft is at its closest point.As the aircraft passes,the sound level decreases until the sound returns to ambient levels.Some sound level meters measure and record the maximum sound level(Lmax).The Lmax for an aircraft flyover is illustrated on Table 1. Noise Monitoring Technical Report 4 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Figure 1.Common Sound on the A-Weighted Decibel Scale COMMON OUTDOOR NOISE LEVEL COMMON INDOOR SOUND LEVELS (dBA) SOUND LEVELS 110 Rock Band 100 Power Mower 96 dBA' ----Liao d8A3 Subway Heavy City Traffic 92 d8A` Motorcycle at 25 feet go dBA'-,. 9 0 Busy Urban Street go dBA"-- Car Wash(at 20 feet) 89 dBA' - -------88 dBA' Food Blender Diesel Truck(40 mph at 5o feet) 84 dBA'--- 80 So dBA' Garbage Disposal High Urban Ambient Sound Bo dBA' 8o dBA' Ringing Alarm Ctock(at 2 feet) Freeway Traffic(at 50 feet) 76 d0A'---- 70 69 dBA' Vacuum Cleaner(at 10 feet) 65 dBA' Busy Restaurant Air Conditioning Unit(at 100 feet) 6o dBA'----- -- 6o dBA3 Conversational Speech In Restaurant 50 Quiet Suburb(Daytime) so dBA"---_ _ 5o dBA' Conversation In Living Room Bird Calls 44 dBA'-- 40 40 dBA3 Library Lowest Limit of Urban Ambient Sound 4o dBA' 4o dB/0 Soft Background Music 30 34 dBA' Soft Whispers(at 5 feet) Quiet Rural Nighttime 3o dBA3 32 dBA' Room in a quiet dwelling at midnight 20 Rustling Leaves zo dBA'------ 10 0 o dBA' Threshold of Hearing 1 Aviation Noise Effects.FAA AEE March.1385(FAA-EE-85-2),Table 1.i 2 Federal Agency Review of Selected Airport Noise Analysis Issues(Federal Interagency Committee on Noise).August 1ggz.Table B.1 3 Children's health and the environment A Global Perspective.World Health Organization.20435.Table 15.1 4 OSHA Technical Manual TED o1-00-015 Section III(Health Hazards).Chapter 5(Noise.Updated 8/25/2013) Source:Environmental Science Associates,2023. Noise Monitoring Technical Report 5 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Table 1.Common Sound on the A-Weight Decibel Scale Sound level Relative loudness Relative sound Sound (dBA) (approximate) energy Rock music,with amplifier 120 64 1,000,000 Thunder,snowmobile(operator) 110 32 100,000 Boiler shop,power mower 100 16 10,000 Orchestral crescendo at 25 feet,noisy kitchen 90 8 1,000 Busy street 80 4 100 Interior of department store 70 2 10 Ordinary conversation,3 feet away 60 1 1 Quiet automobiles at low speed 50 1/2 .1 Average office 40 1/4 .01 City residence 30 1/8 .001 Quiet country residence 20 1/16 .0001 Rustle of leaves 10 1/32 .00001 Threshold of hearing 0 1/64 .000001 SOURCE:U.S.Department of Housing and Urban Development,Aircraft Noise Impact—Planning Guidelines for Local Agencies,1972. Sound Exposure Level(SEL) Sound Exposure Level (SEL), is a time integrated measure, expressed in decibels, of the sound energy of a single noise event at a reference duration of one second. The sound level is integrated over the period that the level exceeds a threshold. Therefore, SEL accounts for both the maximum sound level and the duration of the sound. The standardization of discrete noise events into a one second duration allows calculation of the cumulative noise exposure of a series of noise events that occur over a period of time.The SEL of an aircraft noise event is typically 6 to 12 dBA greater than the Lmax of the event. SELs for aircraft noise events depend on the location of the aircraft relative to the noise receptor,the type of operation(landing,takeoff,or overflight),and the type of aircraft. The SEL for an aircraft flyover is illustrated in Figure 2. Figure 2.Sound Exposure Level and Maximum Sound Level SOURCE:ESA One second 110 8E1..100 dB Lmax=102 dB 100 Passby Sound Energy ao I DurationNo L Measured Noise Level 70 0 5 10 15 20 25 30 Time(seconds) Noise Monitoring Technical Report 6 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Equivalent A-Weighted Noise Level(Leq) Leq is the sound level corresponding to a steady state,A-weighted sound level containing the same total energy as a time-varying signal over a given sample period.Leq is the"energy"average noise level during the time period of the sample. It is based on the observation that the potential for a noise to impact people is dependent on the total acoustical energy content of the noise. It is the energy sum of all the sound that occurs during that time period.This is graphically illustrated in the middle graph on Figure 2.Leq can be measured for any time period,but is typically measured for 15 minutes, 1 hour,or 24 hours. Leq is also used to represent average daytime and nighttime noise levels. Daytime Leq is the 15- hour average sound level for each one hour between 7 a.m.to 10 p.m.Nighttime Leq is the 9-hour average sound level for each one hour between 10 p.m.to 7 a.m. Day-Night Average Sound Level(DNL or Ldn) The Day-Night Average Sound Level(DNL or Ldn)represents a 24-hour A-weighted noise dose as presented in Figure 3.DNL is essentially equal to the 24-hour A-weighted Leq,with one important adjustment:noise occurring at night—from 10 p.m.through 7 a.m.—is"factored up."The factoring up can be made in one of two ways: 1. Weighting, by counting each nighttime noise contribution 10 times; e.g., if DNL is calculated by summing the SEL of aircraft operations over a 24-hour period,each nighttime operation is represented by 10 identical daytime operations. 2. Penalizing,by adding 10 dB to all nighttime noise contributions; e.g.,if DNL is calculated from the SEL of aircraft operations occurring over a 24-hour period, 10 dB are added to the SEL values for nighttime operations. The 10 dB adjustment accounts for our greater sensitivity to nighttime noise and the fact lower ambient levels at night tend to make noise events,such as aircraft flyovers,more intrusive. Figure 3 depicts this adjustment graphically. Figure 3.Example of Day Night Average Sound Level Calculation SOURCE:ESA ea i 70 OWL-88dB 1111110 II 50 40 C 30 7am 10am 1pm 4pn 7pm 10pm lam 4am 7am I Day I Night-� Time of Day Noise Monitoring Technical Report 7 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 3 Noise Monitoring The following sections outline the noise monitoring methodology and results. This includes an overview of the noise monitoring locations, description of the noise monitoring equipment utilized and its setup,aircraft overflight event correlation, and noise level results. 3.1 Methodology ESA conducted short-term,attended noise monitoring during the 2023 Airshow.Measurement sites were chosen based on proximity of residential,mixed use,municipal, and conservational land uses throughout the City.The site selections are shown in Figure 4 and photos of each location are found in Section 3.2 Measurement Sites. ESA deployed a Larson Davis Model 831 Sound Level Meter(SLM) at three sites over a two-day period on September 29th and 30th,2023.All instrumentation conforms to ANSI(American National Standard Institute) Standard S 1.4 for Type 1 precision, the highest level of precision,with current calibrations traceable to the U.S. National Institute of Standards and Technology (NIST). Type 1 precision instrumentation requires constant calibration to meet ANSI standards; calibrations were carried out in the field before and after the measurement period using NIST-certified calibration devices. Calibration certificates are found in Appendix B. Continuous one-second Leq measurement data was obtained for the duration of the Airshow.ESA personnel monitored each site and noted aircraft flyovers and any notable community noise events (e.g.police sirens,ambulances,lawn mowing).For the purpose of analyzing the measurement data, each performance was considered a single noise event due to the overlapping noise signatures that resulted from the high frequency of aircraft pass-bys. The measurement data was split into events based on the performance schedule provided to ESA by the City, and each performance was reviewed by ESA. The time-history data in conjunction with the notes taken by observers during the Airshow were used to determine an appropriate noise threshold for each performance.Any noise exceeding the threshold for a given performance was considered to be aircraft noise,and any noise not exceeding the threshold was considered to be ambient or"community"noise.Aircraft SEL and Lmax were then computed based on these parameters. It is important to note that the noise monitoring results presented in this report should not be compared to noise measurements made using less precise instrumentation, such as cell phone applications.Cellphone microphones do not conform to ANSI or NIST standard for several reasons. (1) the built-in microphones found in cellphones have limitations due to their miniature size and circuit board placement, which affect their dynamic range and signal-to-noise ratio, (2) another constraint of built-in microphones is the lack of access and inability to perform periodic or pre- measurements and (3) the placement of the microphone can affect measured sound levels. (It is imperative that microphones be placed away from trees, walls, and structures as sound reflecting off surfaces will increase the sound levels measured.) Noise Monitoring Technical Report 8 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Legend - _ - - 0 Noise Measurement .-'.'.. lep',--.e,.........s.i.L-.-.7.,).--7,--__--•...-,.i.i.`ar.'„".-,,,.-•-••..,—.-„-'\'—'*--4.Z 4.1)1,-.-(1'1-‘•Ik--:,.:.;r..),..2,-...'-1".a-i..1--- - 7:7'.•'..'..''..,1•.•4".‘.P.-N.,'.'•....1:•'I rt,,l3i",3-'1';".4'1•..,p!.:,.Cr.,".,,'i.i;ii.''-,„,‘'4,-,-l-,:-'c.e',-..-r.".-' --------- Locations AIRSHOW PERFORMANCE AREA Modeled Flight Track DAirshow Performance Area City of Huntington _0„r Modeled Flight Track Beach --- ^ - J / ` i ` y. w t e• 1 t t 1 . r i >"r .V r. '. . \.. it , •; + tit 5.43.' ,61c �A) ' •s,.t▪ ;y •,` it '''. ".`} y i 4r° l _.'..'., �1 'p L.. -,' t� t ' -"��: r G ,m � ' .,,. ,,,,,,it,�h„�,..▪w -40�. , \�� h), t.n v. 1}Y �,.. '�,-1F l 1+ �: 4 w'"+ a Y�. t, t �. �.�` �� •r`s), '',d�,7. +'Y :715 .. �4�h.;.r IE 4.a'g M9 �t4�a� 1 j 9 ) 7,. ? d {a1 a. e! ,�... • .. 1 �'- .y't..T,. i .k• �. 'f. 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'`.�^; k""' �, ' �.4,�;V. �-� � , 11,•:- N-; M1: Bolsa Chica Basin State Marine Conservation Area ' '"' »' °.. a �: k •t,:; M2: Pacific City Park A�t ,,JJ�� �f "'Fe' I : , �h r ;F,( of Huntington , ,, �?:t M3: Hyatt Regency/Residential t _ i , t I, r1h „ v _ G •..• - .. Y , , M4: Residential �� / , { § � � ., by �s `'' M7: City Hall • ' 4if y - ' yp F • t 'r';' M9: Peteron Elementary School o zsoo • t}y�� � 9� �:} Q. i � eK4°s ✓ f M/�vr t t• Feel . - "F�i'�ak .. raFt�� tt,. J _6r ��: F,v'h J'� 'i�'.�t� y' � i�+.A_� .. SOURCE AEDT 3e,ESA,2023. PAHB.....Contour Analysis Figure 4 Noise Measurement Locations for the 2023 Airshow ESA Pacific Airshow Huntington Beach 3.2 Measurement Sites 3.2.1 Site M1 — Bolsa Chica Basin State Marine Conservation Area Bolsa Chica Basin State Marine Conservation Area Site M1 is located approximately four miles north of Downtown Huntington Beach and directly east of Pacific Coast Highway. Attended measurements were conducted at this site on Friday, September 29th, 2023 for the scheduled duration of the Airshow.Roadway noise was the predominate community noise source observed at this site. M VFW IIIMINT ,„,711.1p • '+ • ` f • t _ - et 3.2.2 Site M2 — Pacific City Park Pacific City Park Site M2 is located approximately in Downtown Huntington Beach behind the Pacific City Shopping Center on Pacific View Avenue.Attended measurements were conducted at this site on Saturday, September 30th, 2023, for the scheduled duration of the Airshow. Roadway noise was the predominate community noise source observed at this site. re. Noise Monitoring Technical Report 1 0 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 3.2.3 Site M3 — Hyatt Regency Hotel Hyatt Regency Hotel Site M3 was located on the corner of Pacific View Avenue and Beach Boulevard.Attended measurements were conducted at this site on Saturday, September 30th,2023, for the scheduled duration of the Airshow. Roadway noise was the predominate community noise source observed at this site. ' go,. a,._ 1104 ;.p. 'wM ,— - 11'.. fa 1 it 41 ,. a .. S`µ� 61r . , -W <, 3.2.4 Site M4 — Pecan Avenue and 8th Street Residential Site M4 was located on the corner of Pecan Avenue and 8th Street. Attended measurements were conducted at this site on Saturday, September 30th, 2023, for the scheduled duration of the Airshow.Ambient community noise included roadway,pedestrian,and construction events at this site. + � ilit/ ' 11.11.11111.11111 '. ..4--- it 01:4- i ktit- 11 iy r+ (1* aci j f� 7 III f _ Noise Monitoring Technical Report 11 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 3.2.5 Site M7 — Huntington Beach City Hall City Hall Site M7 was located in the open area along Park Street on the premise of the municipal buildings.Attended measurements were conducted at this site on Friday, September 29th,2023,for the scheduled duration of the Airshow. Occasional police sirens were the predominate community noise source observed at this site. �' :tea i-.:•. +CY };.,er P l'.:{. �, 7b ftt. OT.. 3.2.6 Site M9 — Peterson Elementary School Site M9 was located on the corner of Farnsworth Lane and Kingfisher Drive, directly south of Peterson Elementary School. Attended measurements were conducted at this site on Friday, September 29th, 2023, for the scheduled duration of the Airshow. Ambient community noise included roadway,pedestrian,and construction events at this site. PF Au ,;140, ; .1 A► ,,_ :y i• \ V fi Zr f I \ ;�` Noise Monitoring Technical Report 12 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 3.3 Monitoring Results The short-term monitoring equipment measured noise levels continuously over the course of the Airshow on September 29th and 30th, 2023. The instruments were programmed to record slow- response broadband A-weighted sound levels in one-second intervals. Ambient noise monitoring results during the Airshow are summarized in on Table 2.The ambient noise conditions throughout the City(Sites M1,M4,M7, and M9)range from 51.2 and 52.7 dB. The ambient noise conditions at Sites M2 and M3 at 55.0 dB and 57.8 dB,respectively,are higher because these sites are located along Pacific View Avenue and are influenced by roadway noise. Table 2.Ambient Noise Levels(dB) M1 M2 M3 M4 M7 M9 51.7 55.0 57.8 52.7 51.2 51.2 SOURCE:ESA,2023 Table 3 through Table 8 present the measured events observed at each site that was logged in the datasheets. Additional details on each flight can be found in the performer schedule in Appendix C. As mentioned in Section 2, Lmax is the peak sound level during a noise event while SEL expresses the sound energy of a single noise event over the duration of one(1) second. Therefore, the SEL of a noise event may be 6 to 12 dBA greater than the Lmax of the same noise event. Table 3 presents the measured events at Site M1, Bolsa Chica Basin State Marine Conservation Area. The loudest Lmax and SEL were associated to the Thunderbirds Diamond Practice at 100.1 and 109.4 dB,respectively.The quietest Lmax event was attributed to the Army Helicopters at 70.8 dB with and associated SEL of 79.3 dB.The quietest SEL event was attributed to the Trump Boeing 757 at 78.2 dB with and associated Lmax of 71.7 dB. The ambient background noise on the day of these events was between 50.1 and 54.0 dB. Table 3.Site M1-Measured Events at Bolsa Chica Basin State Marine Conservation Area Performer Duration Lmax SEL Date Time (Minutes) (dB) (dB) 9/29/2023 9:27 AM Thunderbirds 54 100.1 109.4 Diamond Practice 9/29/2023 11:07 AM USN Growler 23 77.7 88.3 9/29/2023. 11:30 AM Trump B757 7 71.7 78.2 9/29/2023 11:51 AM Snowbirds 42 76.7 90.4 9/29/2023 12:45 PM USN F35C 15 79.6 92.3 9/29/2023 1:21 PM Army 6 70.8 79.3 Helicopters 9/29/2023 1:33 PM Army Golden 11 74.1 80.6 Knights 9/29/2023 1:47 PM USN Growler 12 91.4 96.2 9/29/2023 2:20 PM USAF 40 88.7 102.0 Heritage 9/29/2023 3:36 PM Thunderbirds 45 94.3 106.4 SOURCE:ESA,2023 • Noise Monitoring Technical Report 13 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Table 4 presents the measured events at Site M2, Pacific City Park. The loudest Lmax and SEL were associated to the USAF Heritage flight at 112.5 and 124.9 dB,respectively.The quietest Lmax event was attributed to the OC Water Drop at 63.6 dB with and associated SEL of 77.8 dB. The quietest SEL event was attributed to the CA ANG C130 at 74.5 dB with and associated Lmax of 64.0 dB. The ambient background noise on the day of these events was between 51.3 and 57.9 dB. Table 4.Site M2-Measured Events at Pacific City Park Performer Duration Lmax SEL Date Time (Minutes) (dB) (dB) 9/30/2023 9:57 AM F15 Takeoff 13 85.6 98.7 From SLI 9/30/2023 10:10 AM OC Water 4 63.6 77.8 Drop 9/30/2023 10:30 AM USAF F15 4 100.0 111.0 9/30/2023 10:36 AM Sammy 12 84.8 97.5 Mason 9/30/2023 10:49 AM Ace Maker x2 10 77.3 90.1 9/30/2023 11:02 AM Subsonex 11 81.3 94.4 9/30/2023 11:14 AM USN F18 13 107.9 117.9 Rhino 9/30/2023 11:29 AM CA ANG 6 64.0 74.5 C130 9/30/2023 11:35 AM Lon Air 7 66.1 82.0 Museum C47 9/30/2023 11:44 AM Snowbirds 30 87.8 99.8 9/30/2023 12:34 PM USN F35C 15 108.3 119.9 9/30/2023 12:51 PM Michael 11 89.1 102.3 Goulian 9/30/2023 1:03 PM FedEx B757 8 98.9 105.3 9/30/2023 1:10 PM USN Growler 10 107.0 119.1 9/30/2023 1:21 PM Red Bull Helo 13 71.4 88.3 9/30/2023 1:34 PM USAF F15 3 102.1 109.9 9/30/2023 1:41 PM USAF KC135 2 73.6 84.4 --- ------------- ----- ------------------- --- 9/30/2023 3:25 PM USAF 42 112.5 124.9 Heritage SOURCE:ESA,2023 Noise Monitoring Technical Report 14 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Table 5 presents the measured events at Site M3,Hyatt Regency Hotel.The loudest Lmax and SEL were associated to the USAF F22 at 111.0 and 123.4 dB,respectively. The USN Growler also had the loudest Lmax at 111.0 dB with an associated SEL of 117.1 dB, the second loudest SEL at M3. The quietest events, attributed to the OC Water Drop,had an Lmax and SEL of 74.3 and 87.1 dB, respectively. The ambient background noise on the day of these events was between 55.0 and 60.4 dB. Table 5.Site M3-Measured Events at Hyatt Regency Hotel Performer Duration Lmax SEL Date Time (Minutes) (dB) (dB) 9/30/2023 9:57 AM F15 Takeoff 13 89.8 101.2 From SLI 9/30/2023 10:10 AM OC Water 4 74.3 87.1 Drop 9/30/2023 10:22 AM Leap Frogs 8 77.8 91.4 9/30/2023 10:30 AM USAF F15 4 88.2 99.6 9/30/2023 10:36 AM Sammy 12 88.0 100.7 Mason 9/30/2023 10:49 AM Ace Maker x2 10 85.9 94.5 9/30/2023 11:02 AM Subsonex 11 81.5 95.6 9/30/2023 11:14 AM USN F18 13 107.9 114.9 Rhino 9/30/2023 11:44 AM Snowbirds 30 98.0 104.6 9/30/2023 12:34 PM USN F35C 15 107.1 116.1 9/30/2023 12:51 PM Michael 11 100.4 102.6 Goulian • 9/30/2023 1:03 PM FedEx B757 8 91.0 97.7 9/30/2023 1:10 PM USN Growler 10 111.0 117.1 9/30/2023 1:21 PM Red Bull Helo 13 84.1 96.0 • 9/30/2023 1:34 PM USAF F15 3 98.1 104.8 9/30/2023 1:41 PM USAF KC135 2 78.7 88.5 9/30/2023 3:25 PM USAF F22 42 111.0 123.4 SOURCE:ESA,2023 • Noise Monitoring Technical Report 15 • ESA/202300046.01 Pacific Airshow Huntington Beach' December 2023 Table 6 presents the measured events at Site M4,Pecan Avenue and 8th Street. The loudest Lmax and SEL were associated to the USAF Heritage at 119.3 and 124.4 dB, respectively. The quietest Lmax event was attributed to the Subsonex at 73.1 dB with an associated SEL of 86.9 dB. The quietest SEL event was attributed to the USAF KC135 at 83.5 dB with and associated Lmax of 79.9 dB.The ambient background noise on the day of these events was between 50.9 and 57.3 dB. Table 6.Site M4-Measured Events at Pecan Avenue and 8th Street Performer Duration Lmax SEL Date Time (Minutes) (dB) (dB) F15 Takeoff 9/30/2023 9:57 AM From SLI 13 84.9 97.3 9/30/2023 10:30 AM USAF F15 4 96.9 104.3 - -- -- - -- --- - -------------------- Sammy 9/30/2023 10:36 AM Mason 12 75.8 91.7 9/30/2023 10:49 AM Ace Maker x2 10 76.7 89.7 9/30/2023 11:02 AM Subsonex 11 73.1 86.9 USN F18 9/30/2023 11:14 AM Rhino 13 110.7 115.1 9/30/2023 11:44 AM Snowbirds 30 81.3 93.2 9/30/2023 12:34 PM USN F35C 15 116.6 120.7 Michael 9/30/2023 12:51 PM Goulian 11 81.6 95.9 9/30/2023 1:03 PM FedEx B757 8 92.4 99.4 9/30/2023 1:10 PM USN Growler 10 106.8 115.2 9/30/2023 1:34 PM USAF F15 3 94.1 102.4 9/30/2023 1:41 PM USAF KC135 2 79.9 83.5 USAF 9/30/2023 3:25 PM Heritage 42 119.3 124.4 SOURCE:ESA,2023 Noise Monitoring Technical Report 16 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Table 7 presents the measured events at Site M4, Huntington Beach City Hall. The loudest Lmax event was attributed to the USN F35C at 112.8 dB with an associated SEL of 118.2 dB.The loudest SEL event was attributed to the USAF Heritage flight at 120.2 dB with an associated Lmax of 111.2 dB. The quietest event,attributed to the USAF KC135,had an Lmax and SEL of 61.6 and 75.3 dB, respectively. The ambient background noise on the day of these events was between 47.8 and 52.8 dB. Table 7.Site M7-Measured Events at Huntington Beach City Hall Performer Duration Lmax SEL Date Time (Minutes) (dB) (dB) 9/29/2023 9:27 AM Thunderbirds 54 99.7 108.6 Diamond Practice 9/29/2023 10:32 AM Sammy 9 78.0 90.2 Mason 9/29/2023 10:42 AM Ace Maker 14 71.4 84.8 9/29/2023 10:58 AM Subsonex 9 78.7 90.7 9/29/2023 11:07 AM USN Growler 23 95.5 106.2 9/29/2023 11:51 AM Snowbirds 42 88.5 102.0 9/29/2023 12:45 PM USN F35C 15 112.8 118.2 9/29/2023 1:00 PM Matt and - 11 68.6 82.8 Emma 9/29/2023 1:12 PM FedEx B757 7 67.8 79.6 9/29/2023 1:21 PM Army 6 65.8 78.6 Helicopters 9/29/2023 1:47 PM USN Growler 12 94.3 107.8 9/29/2023 2:12 PM USAF KC135 6 61.6 75.3 9/29/2023 2:20 PM USAF 40 111.2 120.2 Heritage 9/29/2023 3:11 PM Michael 11 68.4 84.8 Goulian 9/29/2023 3:24 PM Jet Waco 10 71.0 85.0 9/29/2023 3:36 PM Thunderbirds 45 94.9 108.2 SOURCE:ESA,2023 Noise Monitoring Technical Report 17 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Table 8 presents the measured events at Site M9,B Peterson Elementary School.The loudest Lmax and SEL were associated to the Thunderbirds at 125.1 and 128.5 dB, respectively. The quietest event,attributed to the Army Helicopters,had an Lmax and SEL of 66.5 and 76.1 dB,respectively. The ambient background noise on the day of these events was between 48.4 and 58.1 dB. Table 8.Site M9-Measured Events at Peterson Elementary School Performer Duration Lmax SEL Date Time (Minutes) (dB) (dB) 9/29/2023 9:27 AM Thunderbirds 54 119.9 124.0 Diamond Practice 9/29/2023 10:30 AM Leap Frogs 2 71.7 85.4 Flag Jump w USA Anthem 9/29/2023 10:32 AM Sammy 9 76.4 87.6 Mason 9/29/2023 10:42 AM Ace Maker 14 83.7 93.1 9/29/2023 10:58 AM Subsonex 9 86.8 98.0 9/29/2023 11:07 AM USN Growler 23 107.8 112.9 9/29/2023 11:51 AM Snowbirds 42 98.8 109.6 9/29/2023 12:45 PM USN F35C 15 94.0 105.7 9/29/2023 1:00 PM Matt and 11 78.0 87.9 Emma 9/29/2023 1:21 PM Army 6 66.5 76.1 Helicopters 9/29/2023 1:33 PM Army Golden 11 74.4 88.0 Knights 9/29/2023 1:47 PM USN Growler 12 103.0 113.4 9/29/2023 2:00 PM Red Bull Helo 7 76.5 86.1 9/29/2023 2:12 PM USAF KC135 6 81.0 88.4 9/29/2023 2:20 PM USAF 40 110.2 120.1 Heritage --- -------- --------- ------------ ------------------------------------- 9/29/2023 3:11 PM Michael 11 84.2 94.1 Goulian 9/29/2023 3:24 PM Jet Waco 10 85.8 95.7 9/29/2023 3:36 PM Thunderbirds 45 125.1 128.5 SOURCE:ESA,2023 The data shows that the loudest aircraft, regarding Lmax and SEL, across all sites were the Thunderbird, USAF Heritage, and USAF F22. The loudest Lmax recorded ranged from 100.1, which is roughly equivalent to a powered mower and 125.1 dB, equivalent to a rock concert, as shown in Table 1. The loudest SELs ranged from 109.4 to 128.5 dB. As shown in Appendix A, these events are intermittent due to the nature of each flyby and are not sustained noise levels. Noise Monitoring Technical Report 18 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Appendix A —Time History Graphs • Noise Monitoring Technical Report A-1 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Site Ml-Bolsa Chica Basin State Marine Conservation Area Thunderbirds diamond practice 120 115 Aircraft SEL:109.4 — LAeq — Threshold 110 Aircraft Lmax:100.1 105 Ambient Leq:51.5 100- 95- m 9 - d 85 5 80- c 75- ion 70- 65- 60- 55 So 111 Irv! !Try ! I I 45 40 09:35 09:40 09:45 09:50 09:55 10:00 10:05 10:10 10:15 10:20 Time USN Growler 120 115 Aircraft SEL:88.3 — LAeq — Threshold 110 Aircraft Lmax:77.7 105 Ambient Leq:50.7 100- 95- — 90- co rd 85- 80 c 75- a tn 70- 65- 60- 55- J r I Ll 50- . . 11 I I I ,� 1 45 40 I1:10 11:15 11:20 11:25 11:30 Time Noise Monitoring Technical Report A-2 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Trump B757 120 115 Aircraft SEL:78.2 — LAeq — Threshold 110 Aircraft Lmax:71.7 105 Ambient Leq:51.4 100- 95- m 90- 85- 80 c 75- 0 n 70- 65- 60- ),./111\iwkrt\frsviAil 50 t 45- 40 11:30 11:31 11:32 11:33 11:34 11:35 11:36 11:37 Time Snowbirds 120 115 Aircraft SEL:90.4 — LAeq — Threshold 110 Aircraft Lmax:76.7 105 Ambient Leg:51.4 100- 95- m 90- v 85- J BD c 75- in 70 65- )I 60- 55 i• 50 45- • i 40 11:55 12:00 12:05 12:10 12:15 12:20 12:25 12:30 Time Noise Monitoring Technical Report A-3 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN F35C 120 115 Aircraft SEL:92.3 — LAeq — Threshold 110 Aircraft Lmax:79.6 105 Ambient Leq:51.2 100- 95 m 90- - 85- v J 80- • 75 in• 70- 65 + 60- 1\1 55 50 45- 40 12:46 12:48 12:50 12:52 12:54 12:56 12:58 13:00 Time Army Helos 120 115 'ircraft SEL:79.3 — LAeq — Threshold 110 'ircraft Lmax:70.8 105 .mbient Leq:51.4 100 95 m 90 w - 85 80 75 t2 70 65 60 55 50 45 40 13:21 13:22 13:23 13:24 13:25 13:26 13:27 Time Noise Monitoring Technical Report A-4 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Army Golden Knights 120 115 Aircraft SEL:80.6 — LAeq — Threshold 110 Aircraft Lmax:74.1 105 Ambient Leq:50.1 100- 95- m 90- 85- v 80 c 75- 0 r°n 70- 65- 60- 55 \ Nsvoil 1,,\ \iv 50 ++ j 45- 40 13:34 13:36 13:38 13:40 13:42 13:44 Time 120 USN Growler 115 Aircraft SEL:96.2 — LAeq — Threshold 110 Aircraft Lmax:91.4 105 Ambient Leq:52.8 100- 95- m 90- v 85 80 c 75- Si 70 65 55 �r 50 45- 40 13:48 13:50 13:52 13:54 13:56 13:58 Time Noise Monitoring Technical Report A-5 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USAF Heritage 120 115 Aircraft SEL:102.0 — LAeq — Threshold 110 Aircraft Lmax:88.7 105 Ambient Leq:52.2 100- 95- m 90 85- 80- 75- o 65- 60 55 l 1 Il t Tr 1' l i ► 5 45- 40 14:20 14:25 14:30 14:35 14:40 14:45 14:50 14:55 15:00 Time Thunderbirds 120 115 Aircraft SEL:106.4 — LAeq — 110 Aircraft Lmax:94.3 Threshold 105 Ambient Led:54.0 100- 95- 00 90 85- J 80- 75- 12 70 65- 60 �i 1 1 i r ( 1 55 ' � irI , r • r• 50- 45- 40 - 15:40 15:45 15:50 15:55 16:00 16:05 16:10 16:15 16:20 Time Noise Monitoring Technical Report A-6 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Site M2-Pacific City Park F15 takeoff from SLI 120 115 Aircraft SEL:98.7 — LAeq — no_Aircraft Lmax:85.6 Threshold 105 Ambient Leq:53.0 100- 95- m 90- d 85 80- a• 75 in• 70- 65 „ i\Aisdk 60-0/1141 55- 50- 45- 40 09:58 10:00 10:02 10:04 10:06 10:08 10:10 Time OC Water Drop 120 115 Aircraft SEL:77.8 — q — Threshold 110 Aircraft Lmax:63.6 105 Ambient Leq:53.1 100- 95- m 90- v w 85- J 80 75- a 0 70- 65- l.nA 55 50- 45- 40 10:10 10:11 10:12 10:13 10:14 Time Noise Monitoring Technical Report A-7 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USAF F15 120 115 Aircraft SEL:111.0 — LAeq — Threshold 110 Aircraft Lmax:100.0 105 Ambient Leg:57.5 100 1 95- m 90 85- v 80 70- 70- )1( 1� 60- Acp,A1 A U 5r "‘J At VI - 1V1 555- 50- 45- 40 10:30 10:31 10:32 10:33 10:34 Time Sammy Mason 120 115 Aircraft SEL:97.5 — LAeq — Threshold no Aircraft Lmax:84.8 105 Ambient Leg:57.9 100- 95- m 90- a S5- J 80- 75- 70- 65- likir 60I 4 55 11, 50- 45- 40 10:36 10:38 10:40 10:42 10:44 10:46 10:48 Time Noise Monitoring Technical Report A-8 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 Ace Maker x2 115 Aircraft SEL:90.1 LAeq — Threshold 110 Aircraft Lmax:77.3 105 Ambient Leq:55.4 100- 95- 2 9D- 85- J 80 c 75- 0 L0 70- 65 )1\11 p` 55- I )PttL'Lkt\\Y%tkkj it.41tillek4 50- 45- 40 10:50 10:52 10:54 10:56 10:58 Time Subsonex 120 115 Aircraft SEL:94.4 — LAeq — 110 Aircraft Lmax:81.3 Threshold 105 Ambient Leq:53.2 100- 95- 2 gp- v 85- v J 80- L 70- r 60 I k \\ 55-k t 45- 40 11:02 11:04 11:06 11:08 11:10 11:12 Time Noise Monitoring Technical Report A-9 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN F18 Rhino 120 115 Aircraft SEL:117.9 — LAeq — Threshold 110 Aircraft Lmax:107.9 105 Ambient�Leq:52.1 100- r 95- 111 — 90- co w85- J 80 ▪ 75- 9i 70- \11141P 65- *it \fit 50 J V 45- 40 11:14 11:16 11:18 11:20 11:22 11:24 11:26 Time CA ANG C130 120 115 Aircraft SEL:74.5 — LAeq — 110 Aircraft Lmax:64.0 Threshold 105 Ambient Leg:51.3 100- 95- • 90 xi 85 J 80 75- LS 70- 65- 60- 55 50 45 40 11:29 11:30 11:31 11:32 11:33 11:34 11:35 Time Noise Monitoring Technical Report A-10 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Lyon Air Museum C47 120 us Aircraft SEL:82.0 — LAeq — 110 Aircraft Lmax:66.1 Threshold 105 Ambient Leq:52.6 100- 95- m 90- a v 85- J 80 c 75- 0 Ln 70- 65- 60flf6t1)11r11\ - 55 50- 45- 40 11:35 11:36 11:37 11:38 11:39 11:40 11:41 11:42 Time Snowbirds 120 115 Aircraft SEL:99.8 — LAeq — 110 Aircraft Lmax:87.8 Threshold 105 Ambient Leq:53.1 100- 95- m 9 - a,a, 85 J I 60 c 75- 0 of 70 65- 60- 5s ���� �R�,�ri ' mu 1' 50 45- 40 • 11:45 11:50 11:55 12:00 12:05 12:10 Time Noise Monitoring Technical Report A-1 1 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN F35C 120 115 Aircraft SEL:119.9 — LAeq — Threshold 110 Aircraft Lmax:108.3 105 Ambient Leg:5 5 100- ` 11 tit II 95- I co I�Tv 85- J 80 75 ;11 70 65- 1 6 0 55{J I' _ 4,111 I ) 50 ���^^^VVM���fff 45- I R !!!! 40 12:34 12:36 12:38 12:40 12:42 12:44 12:46 12:48 Time Michael Goulian 120 115 Aircraft SEL:102.3 — LAeg — Threshold 110 Aircraft Lmax:89.1 105 Ambient Leg:57.1 100- 95- 90- 85- v 11 80- 72 75- aR 70- 411 4/65- 5605Al ' 1, j/'! ; j' /1114 50- 45- 40 12:52 12:54 12:56 12:58 13:00 13:02 Time Noise Monitoring Technical Report A-12 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 FedEx B757 120 115 Aircraft SEL:105.3 — LAeq — 110 Aircraft Lmax:98.9 Threshold 105 Ambient Leq:55.2 100- 1 95- Cin 90- = 85- J 80 c 75- rn 70_ 144 65 )111\i, ill\twick\ 55 Ali r 50 45- 40 13:03 13:04 13:05 13:06 13:07 13:08 13:09 13:10 13:11 Time USN Growler 120 115 Aircraft SEL:119.1 — q — Threshold 110 Aircraft Lmax:107.0 105 Ambient Leq: 5.6 100- 95- 11\ k m ' I 85- 1; I75- 7011\I 65- 60 ) V/1.1141 11.40# 55 -ovi"'��r' Y 50- 45- 40 13:10 13:12 13:14 13:16 13:18 13:20 Time Noise Monitoring Technical Report A-1 3 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Red Bull Helo 120 115 Aircraft SEL:88.3 — LAeq — Threshold 110 Aircraft Lmax:71.4 105 Ambient Leq:57.2 100- 95- m 90- co 85- J 80- c 75- tn 70- 65- 60 Li d i l�J 1 ji I , If ' !ITV' 55 50- 45- 40 13:22 13:24 13:26 13:28 13:30 13:32 13:34 Time USAF F15 120 115.Aircraft SEL:109.9 — LAeq — 110 Aircraft Lmax:102.1 Threshold 105 Ambient Leq:57.1 100- 95- m w 85- 80 c 75- 9i 70 65 55- 50- 45- 40 13:34:00 13:34:30 13:35:00 13:35:30 13:36:00 13:36:30 13:37:00 Time Noise Monitoring Technical Report A-14 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USAF KC135 120 115 Aircraft SEL:84.4 — LAeq — 110 Aircraft Lmax:73.6 Threshold 105 Ambient Leq:57.3 100- 95- m 90- 85- 80 c 75- 0 IA 70- 65- 60 55 50- 45- 40 13:41:00 13:41:30 13:42:00 13:42:30 13:43:00 Time USAF Heritage 120 115 'ircraft SEL:124.9 — LAeq — Threshold 110 •ircra Lmax:112.5 105 'mbi= L •:56.5 100 95 90 85 BO 2 75 65 60 I 55 1� fr I 1 r•, 50 45 40 15:25 15:30 15:35 15:40 15:45 15:50 15:55 16:00 16:05 Time Noise Monitoring Technical Report A-15 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Site M3-Hyatt Regency Hotel F15 takeoff from SLI 120 115 'ircraft SEL:101.2 — LAeq — Threshold 110 'ircraft Lmax:89.8 105 'mbient Leq:56.9 100 95 m 90 85 J 80 c 75 I°n 70 65 60 55 50 45 40 09:58 10:00 10:02 10:04 10:06 10:08 10:10 Time OC Water Drop 120 115 Aircraft SEL:87.1 — LAeq no Aircraft Lmax:74.3 — Threshold 105 Ambient Leq:55.5 100- 95- m 9 - to 85- 80 c75 in 70- 65-' V 60- Itt 55- ern ,.ram 50- 45- 40 10:10 10:11 10:12 10:13 10:14 Time Noise Monitoring Technical Report A-16 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Leap Frogs 120 115 Aircraft SEL:91.4 — LAeq 110 Aircraft Lmax:77.8 — Threshold 105 Ambient Leg:55.0 100- 95- m 90- v T., 85- > J 80_ 75 Vol 70- 65 1\A:it bit I 60- 55 J 'V u e 50 Y Y 45- 40 i 10:22 10:23 10:24 10:25 10:26 10:27 10:28 10:29 10:30 Time 120 USAF F15 115 Aircraft SEL:99.6 — LAeq — Threshold 110 Aircraft Lmax:88.2 105.Ambient Leq:58.1 100- 95- 2 90- v — 85- J gD c 75- 0 0 70 65- 1' 60 •vV\ 55 - 50- 45- 40 10:30 10:31 10:32 10:33 10:34 Time Noise Monitoring Technical Report A-1 7 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Sammy Mason 120 115 Aircraft SEL:100.7 — LAeq — Threshold 110 Aircraft Lmax:88.0 105 Ambient Leg:60.4 100- 95- m 90- 85- J 80- 75- inn 70 65 I ill 60 55- 50- 45- 40 10:36 10:38 10:40 10:42 10:44 10:46 10:48 Time Ace Maker x2 120 115 Aircraft SEL:94.5 — LAeq — 110 Aircraft Lmax:85.9 Threshold 105 Ambient Leg:57.3 100- 95- m 90- to 85- J 80- 75- g 70- lipt 65 1 AI 60 I' 55- 50- 45- 40 10:50 10:52 10:54 10:56 10:58 Time Noise Monitoring Technical Report A-18 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 Subsonex 11s Aircraft SEL:95.6 — q 110 Aircraft Lmax:81.5 — Threshold 105 Ambient Leq:57.1 100- 95- • 9 - v 85- 80 LA 70 LA• 70 65 5- 41,6'MoilAk41\1141\ti,:? 0 ye 555 - f 50- 45- 40 11:02 11:04 11:06 11:08 11:10 11:12 Time USN F18 Rhino 120 115 ''rcraft SEL:114.9 — LAeq 110 'ircraft Lmax:107.9 — Threshold 105 'mbient eq:60.3 100 95 m 90 la a� 85 J 80 12 75 O u, N 70 65 Ali Vi 60 � 1 , 55 50 45 40 11:14 11:16 11:18 11:20 11:22 11:24 11:26 Time Noise Monitoring Technical Report A-19 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Snowbirds 120 115 'ircraft SEL:104.6 — LAeq — Threshold 110 .ircraft Lmax:98.0 105 'mbient Leq:57.1 100 95 m 90 a 85 m 80 75 eR 70 65 60 i rJ �L it l ' I1 sI , IIii . t l , 1 l' I i 55 50 '10 .I 45 411111410011 • I b 0 I 40 • 11:45 11:50 11:55 12:00 12:05 12:10 Time 120 USN F35C 115 Aircraft SEL:116.1 — LAeq — Threshold 110 Aircraft Lmax:107.1 105 Ambient Leq:57.5 100- 95- I ( J( 7 85 165 co tt-- 1 ' Olt% isso 60 55 1 f 50- 45- 40 12:34 12:36 12:38 12:40 12:42 12:44 12:46 12:48 Time Noise Monitoring Technical Report A-20 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Michael Goulian 120 115 Aircraft SEL:102.6 — LAeq 110 Aircraft Lmax:100.4 — Threshold 105 Ambient Leq:57.5 100- 95- m 9' v d 85- -.I80 C 75- 14 70� 65- 4/1401/1100V 41#1110 60 55- 50- 45- 40 12:52 12:54 12:56 12:58 13:00 13:02 Time FedEx 8757 120 115 Aircraft SEL:97.7 — LAeq — Threshold 110 Aircraft Lmax:91.0 105 Ambient Leq:57.6 100- 95- m 90' a 85- J 75 7 - i+ 70- 6560 ✓� ru 55- 50- 45- 40 13:03 13:04 13:05 13:06 13:07 13:08 13:09 13:10 13:11 Time Noise Monitoring Technical Report A-21 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN Growler 120 115 Aircraft SEL:117.1 — LAeq — 110 Aircraft Lax:111.0 Threshold m 105 Ambient Leq:59.6 100- 95- 1111 4 85-eu 11 eo- 111 f 75- +�1 II \II I � 55- ` 1 50- 45- 40 13:10 13:12 13:14 13:16 13:18 13:20 Time Red Bull Helo 120 115 Aircraft SEL:96.0 — LAeq — 110 A m ircraft Lax:84.1 Threshold 105 Ambient Leq:58.7 100- 95 m 90- w 85- t 80- 75- 9i 70- 65 L. I _ II I,1► 60 , ' I P 1 � 55- 50- 45- 40 13:22 13:24 13:26 13:28 13:30 13:32 13:34 Time Noise Monitoring Technical Report A-22 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USAF F15 120 115 Aircraft SEL: 104.8 — LAeq — 110 Aircraft Lmax:98.1 Threshold 105 Ambient Leq:57.7 100- 95- -0 90 - 85 v 80 75 70- 65 60 U �J 55- 50- 45- 40 13:34:00 13:34:30 13:35:00 13:35:30 13:36:00 13:36:30 13:37:00 Time USAF KC135 120 115 Aircraft SEL:88.5 — LAeq — Threshold 110 Aircraft Lmax:78.7 105 Ambient Leq:58.1 100- 95- 2 9° - 85- 80 c 75- z 0 70- 65- 60 55- 50- 45- 40 13:41:00 13:41:30 13:42:00 13:42 30 13:43:00 Time Noise Monitoring Technical Report A-23 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 USAF F35A 115 'ircraft SEL:123.4 — LAeq — Threshold 110 •ircra Lmax:111.0 105 'mbis t Leq:57.4 100 95 m 90 85 I 80 75 70 65 I 60 I .1 1 I ( lAili ILIIIJI ll '11 55 SO �j ,. , I 45 40 15:25 15:30 15:35 15:40 15:45 15:50 15:55 16:00 16:05 Time Noise Monitoring Technical Report A-24 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Site M3 F15 takeoff from SLI 120 115 'ircraft SEL:101.2 — q — Threshold 110 •ircraft Lmax:89.8 105 'mbient Leq:56.9 100 95 m 90 85 J 80 c 75 Ln 70 65 • • 60 • 55 50 45 40 09:58 10:00 10:02 10:04 10:06 10:08 10:10 Time OC Water Drop 120 115 Aircraft SEL:87.1 — LAeq — Threshold 110 Aircraft Lmax:74.3 105 Ambient Leq:55.5 100- 95- m 90- v 85- J 80- c 75- 0 65- 4\1\t‘41, 60J 55- Itt 50- 45- 40 10:10 10:11 10:12 10:13 10:14 Time Noise Monitoring Technical Report A-25 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Leap Frogs 120 115 Aircraft SE':91.4 — LAeq — 110 Aircraft Lmax:77.8 Threshold 105.Ambient Leq:55.0 100- 95- m 90- m 85- it 80- c 75- 11111 y � J I - \ \It/ 675 I J, 60 1%4y /� ss- tr .41A/ 1� 50- V' 45- 40 10:22 10:23 10:24 10:25 10:26 10:27 10:28 10:29 10:30 Time USAF F15 120 115 Aircraft SEL:99.6 — LAeq — 110 Aircraft Lmax:88.2 Threshold 105 Ambient Leq:58.1 100- 95- co 90 Z.Z. 85- J 80 75 1 70 A 65- 11\i J• 60- • frrAij 55- 50- 45- 40 10:30 10:31 10:32 10:33 10:34 Time Noise Monitoring Technical Report A-26 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Sammy Mason 120 115 Aircraft 5EL:100.7 — LAeq — 110 Aircraft Lmax:88.0 no 105 Ambient Leq:60.4 100- 95- m 90- d 85- J 80 c 75- rilliiikilli,tliloilti(V)VAAWkik4,1\li 65 60 55- 50- 45- 40 10:36 10:38 10:40 10:42 10:44 10:46 10:48 Time Ace Maker x2 120 115 Aircraft SEL:94.5 LAeq — Threshold 110 Aircraft Lmax:85.9 105 Ambient Leq:57.3 100- 95- 90- 85- ., 80- -° 75- 0 70 65 I� 60 55- + , 50- 45- 40 10:50 10:52 10:54 10:56 10:58 Time Noise Monitoring Technical Report A-27 ESA/202300048.01 Pacific Airshow Huntington Beach December 2023 Subsonex 120 115 Aircraft SEL:95.6 — LAeq — Threshold • 110 Aircraft Lmax:81.5 105 Ambient Leq:57.1 100- 95- m 90 ,7 85- v 80 75 65- 60 f 55 IrY 50 45- 40 I 11:02 11:04 11:06 11:08 11:10 11:12 Time USN F18 Rhino 120 115 Aircraft SEL:114.9 — LAeq — 110 Aircraft Lmax:107.9 Threshold 105 Ambientl_eq:60.3 100- 95-ciFi 85- it 80- j t 2 75 9i 70- i1 65 v 60 \W ./1 q4et 55- 50- www 45- 40 11:14 11:16 11:18 11:20 11:22 11:24 11:26 Time Noise Monitoring Technical Report A-28 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Snowbirds 120 115 Aircraft SEL:104.6 — LAeq — Threshold 110 Aircraft Lmax:98.0 105 Ambient Leq:57.1 100- 95- m 9°- '" 85- ' IL," � 80- c 75- y 70 f Lnn 70- 65 60 A .L 16 I 1t liI i ' i i 1 . I . 55 I 50- 40.Oki 114**' 45- 40 R. 11:45 11:50 11:55 12:00 12:05 12:10 Time USN F35C 120 115 Aircraft SEL: 116.1 — LAeq — Threshold 110 Aircraft Lmax:107.1 105 Ambient Leq:57.5 100- 95- f I 85- i\ v 80 ll it 1,1 75 i Oil I 111 60 t�, ss r '1 50- 45- 40 12:34 12:36 12:38 12:40 12:42 12:44 12:46 12:48 Time Noise Monitoring Technical Report A-29 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Michael Goulian 120 us Aircraft SEL:102.6 — LAeq — Threshold 110 Aircraft Lmax:100.4 105 Ambient Leq:57.5 100- 95- m 90- 85- ., 80 c 75- g 70 1)0 65- , 14,1111, 60 1441 55- ti• 50- 45- 40 12:52 12:54 12:56 12:58 13:00 13:02 Time FedEx 8757 120 115 Aircraft SEL:97.7 — LAeq — 110 Aircraft Lmax:91.0 Threshold 105 Ambient Leq:57.6 100- 95- m 90- T., 85- J 80- 75- tn 70- 65 ` ,tp I It14\\Iii Wir 55-ao r 1 13:03 13:04 13:05 13:06 13:07 13:08 13:09 13:10 13:11 Time Noise Monitoring Technical Report A-30 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 USN Growler 115 Aircraft SEL:117.1 — LAeq — 110 Aircraft Lmax:111.0 iii1 Threshold 105 Ambient Leq:59.6 100- 95- I ijo lil 1 I ti T., 85- tv 80 c 75- li I c I 1 W \\)i jiiii • o 65 60# \ 55- r 1iiili ill 45- 13:10 13:12 13:14 13:16 13:18 13:20 Time Red Bull Helo 120 115 Aircraft SEL:96.0 — LAeq — 110 Aircraft Lmax:84.1 Threshold 105 Ambient Leq:58.7 100- 95- m 90- 85- v L J 80 c 75- 7 � gi 70- , 65 L. II' 1 r i li 11 IA iSWWI .1J I 60 I r r 1 f' 1 I 55- 50- 45 III IIIP 40 13:22 13:24 13:26 13:28 13:30 13:32 13:34 Time Noise Monitoring Technical Report A-31 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USAF F15 120 115 Aircraft SEL:104.8 — q — Threshold 110 Aircraft Lmax:98.1 105 Ambient Leq:57.7 100- 95- m90- 85- M L9 80- l� 75-o LA 70 65 60 50- 45- 40 13:34:00 13:34:30 13:35:00 13:35:30 13:36:00 13:36:30 13:37:00 Time USAF KC135 120 115 Aircraft SEL:88.5 — LAeq — Threshold 110 Aircraft Lmax:78.7 105 Ambient Leq:58.1 100- 95- m 90- v r' 85- u 80- 12 75 70- y f 65- 60 55 50- 45- 40 13:41:00 13:41:30 13:42:00 13:42:30 13:43:00 Time Noise Monitoring Technical Report A-32 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 USAF F35A 115 'ircraft SEL:123.4 — LAeq — Threshold 110 'ircra Lmax:111.0 105 'mbi= t Leq:57.4 100 95 m 90 85 ii v I so7 .1 i 1 70 65 i iI i ill IIIIIIiitil 55 i 0 0 50 col 1.00 45 40 15:25 15:30 15:35 15 40 15:45 15:50 15:55 16:00 16:05 Time Noise Monitoring Technical Report A-33 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Site M4-Pecan Avenue and 8th Street F15 takeoff from SLI 120 us Aircraft SEL:97.3 — LAeq — Threshold 110 Aircraft Lmax:84.9 105 Ambient Leq:52.7 100- 95- m a 85- 80 75_ � 1 v°+ 70- 65 rthotif Ivolivivitsiiii 60 55 45- 45- 40 09:58 10:00 10:02 10:04 10:06 10:08 10:10 Time USAF F15 120 115 Aircraft SEL:104.3 — LAeq — no Aircraft Lmax:96.9 Threshold 105 Ambient Leg:57.3 100- 95- I 85- a 80 75- � 70 Aviv I\\I\ \A - 65- 60 xr tc1\ 55 50- 45- 40 10:30 10:31 10:32 10:33 10:34 Time Noise Monitoring Technical Report A-34 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Sammy Mason 120 115 Aircraft SEL:91.7 — LAeq — no Aircraft Lmax:75.8 Threshold 105 Ambient Leq:51.5 100- 95- m 90- 85- d 80- c 75- 9+ 70 65 60 )ic 55 t ' so r *kivi$ k 45- 40 10:36 10:38 10:40 10:42 10:44 10:46 10:48 Time Ace Maker x2 120 115 Aircraft SEL:89.7 — LAeq — no Aircraft Lmax:76.7 Threshold 105 Ambient Leq:51.6 100- 95- m 90- 85- J 80- F 75- 0 65- 565)11\4 \ousiiik 50- )1, 45- 40 10:50 10:52 10:54 10:56 10:58 Time Noise Monitoring Technical Report A-35 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Subsonex 120 115 Aircraft SEL:86.9 — LAeq — Threshold 110 Aircraft Lmax:73.1 105 Ambient Leq:51.5 100- 95- m 90- a 85- J 80- c 75- � in 70 65- IA � 60- N) 50 `�t 4vol\I 45- VI' �1J 40 1' 11:02 11:04 11:06 11:08 11:10 11:12 Time USN F18 Rhino 120 115-P LAeq - — Threshold 110 A...,_.._..._... 105 Ambient Leq:52.8 100- 95- • 90- a 85- ' 11 J BD 75- • 70- 1 65- 50- LJj ll) 111111i/411k Ili 11)1 50 ri 45- 40 11:14 11:16 11:18 11:20 11:22 11:24 11:26 Time Noise Monitoring Technical Report A-36 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Snowbirds 120 115 Aircraft 5EL:93.2 — LAeq — no Aircraft Lmax:81.3 Threshold 105 Ambient Leq:50.9 100- 95- m 9 - a 85- a, J 80- c 75- O LA 70 E 50- 45- 40 11:45 11:50 11:55 12:00 12:05 12:10 Time USN F35C 120 115 Aircraft SEL:12 .7 — LAeq — Threshold no Aircraft Lmax: 16.6 105 Ambient Leq:5 .8 100- 95- � f m 90 r a 85- 80- 1 ' 75 Ln 70 65 ,1 60- I J �{`�.' 55- 50 al, Alloil \i,4 45- 40 12:34 12:36 12:38 12:40 12:42 12:44 12:46 12:48 Time Noise Monitoring Technical Report A-37 ESA/202300048.01 Pacific Airshow Huntington Beach December 2023 Michael Goulian 120 115 Aircraft SEL:95.9 — LAeq — Threshold 110 Aircraft Lmax:81.6 105 Ambient Leq:51.9 100- 95- m 90- v 85- v 80 75- in 7p 65- tAilp 60- 50 50 411,A 45- 40 12:52 12:54 12:56 12:58 13:00 13:02 Time FedEx B757 120 115 Aircraft SEL:99.4 — LAeq — 110 Aircraft Lmax:92.4 Threshold 105 Ambient Leg:51.8 100- 95- m 90- v 85- J 80- 75- 9i 70 65- 60- jopuurptit:111\ jitmvitviii 55 14 50 45 40 13:03 13:04 13:05 13:06 13:07 13:08 13:09 13:10 13:11 Time Noise Monitoring Technical Report A-38 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN Growler 120 115 Aircraft SEL:115.2 LAeq — 110 Aircraft Lmax:106.8 Threshold 105 Ambient Leg:52.2 100- 95- �m 90- h I + 85- v SO c 75- L°n 70- \11,1 65- 1 li.„1 V\ 1 50_ h'I Y 50c. ' 50 45- 40 13:10 13:12 13:14 13:16 13:18 13:20 Time USAF F15 120 115 Aircraft SEL: 102.4 - LAeq — Threshold 110 Aircraft Lmax:94.1 105 Ambient Leq:53.3 100- 95- m 90 \I\ a A 85- v J 80- c 75- 0 0 � 70- 65- 60- 55 r' V 50- 45- 40 13:34:00 13:34:30 13:35:00 13:35:30 13:36:00 13:36:30 13:37:00 Time Noise Monitoring Technical Report A-39 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USAF KC135 120 115 Aircraft SEL:83.5 — LAeq — 110 Aircraft Lmax:79.9 Threshold 105 Ambient Leq:53.1 100- 95- m 90- a ▪ 85- Bo- c 75- r°n 70- 65- 60- 55 50- 45- 40 13:41:00 13:41:30 13:42:00 13:42:30 13:43:00 Time USAF Heritage 120 115 Aircraft SEL:124.4 110 Aircraft Lmlx:119.3 105 Ambient Le :51.4 100- 95- 90 a ▪ 85- i J 80 It : 75- IS 70- 65- 55 'i 50 — LAeq 45- — Threshold 40 15:25 15:30 15:35 15:40 15:45 15:50 15:55 16:00 16:05 Time Noise Monitoring Technical Report A-40 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Site M7—Huntington Beach City Hall Thunderbirds diamond practice 120 115 Aircraft SEL:108.6 — LAeq — no Aircraft Lmax:99.7 Threshold 105 Ambient Leq:51.5 100- 95- m 90- 85- 80- c 75- 0 70- 65- 60- ./ IE I . 11 5550 ! "TIT 45- 40 09:30 09:35 09:40 09:45 09:50 09:55 10:00 10:05 10:10 10:15 10:20 Time Sammy Mason 120 115 Aircraft SEL:90.2 — LAeq — Threshold no Aircraft Lmax:78.0 105 Ambient Leq:52.3 100- 95- — 90- co 85- 80 75 70 65- 60 111114440/144641114/16411‘Lel - 55 50- 45- 40 10:32 10:33 10:34 10:35 10:36 10:37 10:38 10:39 10:40 10:41 Time Noise Monitoring Technical Report A-41 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Ace Maker 120 115 Aircraft SEL:84.8 — LAeq — no Aircraft Lmax:71.4 Threshold 105 Ambient Leq:52.8 100- 95- m 90- 85- 80 c 75- 0 70- 65- 60- 50- 45- 40 10:42 10:44 10:46 10:48 10:50 10:52 10:54 10:56 Time Subsonex 120 115 Aircraft SEL:90.7 — LAeq 110 Aircraft Lmax:78.7 — Threshold 105 Ambient Leq:51.7 100- 95- m 90- co 85- 80- c 75- 70- 65- I /\# 60 55 �, 50 1.141Alliltitit.10, ,/WJ�1�Z,IJjitk 45- 40 10:58 10:59 11:00 11:01 11:02 11:03 11:04 11:05 11:06 11:07 Time Noise Monitoring Technical Report A-42 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN Growler 120 115 Aircraft SEL:106.2 — LAeq 110 Aircraft Lmax:95.5 — Threshold 105 Ambient Leq:51.1 100- 95- m 90 85- v 80 c 75- I Ln 70- 65- 5 - 55 ( L`114i50 1 GV 44.1ve.v. 45- 40 11:10 11:15 11:20 11:25 11:30 Time Snowbirds 120 115 Aircraft SEL: 102,0 — LAeq — Threshold 110 Aircraft Lmax:88.5 105 Ambient Leq:52.4 100- 95- m 90- 85 80- c 75- 0 Ln 70 65- 60 55 50- 45- 40 11:55 12:00 12:05 12:10 12:15 12:20 12:25 12:30 Time Noise Monitoring Technical Report A-43 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN F35C 120 115 Aircraft SEL:118.2 — LAeq — Threshold 110 Aircraft Lmax: .12.8 105 Ambient Leq:1.4 100- 95- m 90- I v 85- 1\ 80 75 iIII 65- )11f1 60 55 441 t ki OIW A 44 vi 50 45- 40 12:46 12:48 12:50 12:52 12:54 12:56 12:58 13:00 Time Matt and Emma 120 115 Aircraft SEL 82.8 — LAeq 110 Aircraft Lmax:68.6 — Threshold 105 Ambient Leq:51.8 100- 95- m 90 fl 85- J 80 75' 8 70- 65- 60- 55 ■ rov 50- 45- 40 13:00 13:02 13:04 13:06 13:08 13:10 Time Noise Monitoring Technical Report A-44 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 FedEx B757 115 Aircraft SEL:79.6 — LAeq — no_Aircraft Lmax:67.8 Threshold 1os Ambient Leq:49.3 100- 95- m 90- Ti) 85- 80- c 75- 0 Lc?) 70- 65- 60- 55 1$14‘fr - 50- 45- 40 13:12 13:13 13:14 13:15 13:16 13:17 13:18 13:19 Time Army Helos 120 115 Aircraft SEL:78.6 — LAeq — no Aircraft Lmax:65.8 Threshold 105 Ambient Leq:50.7 100- 95- m 90- w 85- J 80 75- p7 IA 70- 65- 55- \A`rY'W1AI 1111 u'� ,��50 45- 40 13:21 13:22 13:23 13:24 13:25 13:26 13:27 Time Noise Monitoring Technical Report A-45 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USN Growler 120 115 Aircraft SEL:107.8 — LAeq — Threshold 110 Aircraft Lmax:94.3 105 Ambient Leq:50.7 100- 95- F v 85- ct 80 75-o I in 70- it I 65- 1 ' 60- 55 50 k 45- 40 13:48 13:50 13:52 13:54 13:56 13:58 Time USAF KC135 120 115 Aircraft SEL:75.3 — LAeq 110_Aircraft Lmax:61.6 — Threshold A 105 Ambient Leq:47.8 100- 95- m 90- co 85- J 80- 12 75 70- 65- 60-rke,\Latitirktil- 50 45- 40 14:12 14:13 14:14 14:15 14:16 14:17 14:18 Time Noise Monitoring Technical Report A-46 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 USAF Heritage 120 115 Aircraft SEL:120.2 — LAeq — Threshold 110 Aircraft Lm x:111.2 105 Ambi nt Le :51.4 100- 95- m 90- V .+ 85- J 80 c 75 tR 70- 65- . 60- 55 50 45- 40 14:20 14:25 14:30 14:35 14:40 14:45 14:50 14:55 15:00 Time Michael Goulian 120 115 Aircraft SEL:84.8 — LAeq 110 Aircraft Lmax:68.4 — Threshold 105 Ambient Leg:50.6 100- 95- 90- m v 85- J 80- 3 75- 4S 70- 60- 60- 55- 50 1 r 45- 40 15:12 15:14 15:16 15:18 15:20 15:22 Time Noise Monitoring Technical Report A-47 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Jet Waco 120 115 Aircraft SEL:85.0 — tAeg — Threshold no Aircraft Lmax:71.0 105 Ambient Leg:51.4 100- 95- m 90- v - 85- v r, 80- c 75- 0 65- 60- 55 50- 45- 40 15:2 4 15:2 6 15:2 8 15:30 15:3 2 15:3 4 Time Thunderbirds 120 115 Aircraft SEL:108.2 LAeq — Threshold 110 Aircraft Lmax:94.9 105 Ambient Leg:51.2 100- 95- 90 - es- vr.J 80 12 75- ' 70- 65- 55-0 I 1 50- !' l ! ,' 1 t 45- 111 40 15:40 15:45 15:50 15:55 16:00 16:05 16:10 16:15 16:20 Time Noise Monitoring Technical Report A-48 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Site M9—Peterson Elementary School Thunderbirds diamond practice 120 115 Aircraft SEL: 124.0 — LAeq — Threshold 110 Aircraft Lmax:119.9 105 Ambient Leq:50.9 100- 95- m 90- v m 85- J 80 c 75- 7 VI 70- � 65- ssT J ,� 1 I r r , 5. 45 40 09:40 09:45 09:50 09:55 10:00 10:05 10:10 10:15 10:20 Time Leap Frogs Flag Jump w USA Anthem 120 115 Aircraft SEL:85.4 — LAeq — Threshold 110 Aircraft Lmax:71.7 105 Ambient Leq:58.1 100- 95- m 90 85- 80- c 75- 70 65- 60 55- 50- 45- 40 10:30:00 10:30:30 10:31:00 10:31:30 10:32:00 Time 3 Noise Monitoring Technical Report A-49 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Sammy Mason 120 us Aircraft SEL:87.6 — LAeq — Threshold 110 Aircraft Lmax:76.4 105 Ambient Leg:51.3 100- 95 �" 85- 80- 0 75- i°n 70- 65- 60-� 55 50- • 45- 40 10:32 10:33 10:34 10:35 10:36 10:37 10:38 10:39 10:40 10:41 Time Ace Maker 120 115 Aircraft SEL:93.1 — LAeg — 110 Aircraft Lmax:83.7 Threshold 105 Ambient Leg:50.8 100- 95- m 90- v = 85- v 80- 75- 9i 70 65 11111 - 60- 55 011/011.041 50 � )41111/11\1101 45- 40 10:4 2 10:44 10:46 10:48 10:50 10:52 10:54 10:56 Time Noise Monitoring Technical Report A-50 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 Subsonex 115 Aircraft SEL:98.0 — LAeq — no Aircraft Lmax:86.8 Threshold 105 Ambient Leg:49.6 100- 95- • 90- 1 85- J 80_ c 75- u°i 70 60- 4 ftd qt‘ 55- 50 1yMJ,r 45 40 10:58 10:59 11:00 11:01 11:02 11:03 11:04 11:05 11:06 11:07 Time USN Growler 120 115 Aircraft SEL: 112.9 — LAeq — Threshold 110 Aircraft Lmax: 107.8 105 Ambient Le :49.0 100 95- • 90- M 65- v 80 c 75- I 0 L°n 70- 65- 60- • 55 11 111 11\11 OqiCkAw 45- 40 11:10 11:15 11.20 11:25 11:30 Time Noise Monitoring Technical Report A-51 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Snowbirds 120 115 Aircraft SEL:109.6 — LAeq — Threshold 110 Aircraft Lmax:98.8 105 Ambient Lea:51.2 100- 95- m 90- V 85- J 80- I 75- inn 70 65- 60 `IY I. . J 1.' 55 �'111,I ' I so- 45- 40 11:55 12:00 12:05 12:10 12:15 12:20 12:25 12:30 Time USN F35C 120 115 Aircraft SEL:105.7 — LAeq — Threshold 110 Aircraft Lmax:94.0 105 Ambient Leq:49.9 100- 95- m 90- v 85- J 80- 12 75- I 70- 65- /111\111 60- , 55 + I 50- 4 � 45- 40 12:46 12:48 12:50 12:52 12:54 12:56 12:58 13:00 Time Noise Monitoring Technical Report A-52 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Matt and Emma 120 115 Aircraft SEL:87.9 — LAeq — 110 A ircraft Lmax:78.0 Threshold 105 Ambient Leq:48.4 100- 95- m 90- c d 85- J 80 C 75- 0 65- f 60- 4550 55� AirjeVIA - 40 13:00 13:02 13:04 13:06 13:08 13:10 Time Army Helos 120 115 Aircraft SEL:76.1 — LAeq — Threshold 110 Aircraft Lmax:66.5 105 Ambient Leq:51.5 100- 95- m 90 v 85- v J 80 C 75- g° 70- 65- Ika 55 � " 'ft Y 50 45- 40 13:21 13:22 13:23 13:24 13:25 13:26 13:27 Time Noise Monitoring Technical Report A-53 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Army Golden Knights 120 115 Aircraft SEL:88.0 — LAeq — Threshold 110 Aircraft Lmax:74.4 105 Ambient Leq:49.8 100- 95- m 90- - 85- a J 80- 75 70- 65 60- 55 1\44.111/11\ lividoltitioN 45 45 1)111 - 40 13:34 13:36 13:38 13:40 13:42 13:44 Time USN Growler 120 115 Aircraft SEL:113,4 — LAeq — 110 Aircraft Lmax:103.0 Threshold 105 Ambient Leq:51.1 100- 95- m `°- - 85- v J BD 75- I � Ln 70 fi 65- 60- 55 50 Lta 45 40 13:48 13:50 13:52 13:54 13:56 13:5 8 Time Noise Monitoring Technical Report A-54 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Red Bull Helo 120 115 Aircraft SEL:86.1 — LAeq — 110 Aircraft Lmax:76.5 Threshold 105 Ambient Leq:50.2 100- 95- m 90- - 85- v J• 80- c 75- 0 65- 60 55-AL jkaitivt n ' 50- 45- 40 r 14:00 14:01 14:02 14:03 14:04 14:05 14:06 14:07 Time USAF KC13S 120 115 Aircraft SEL:88.4 LAeq — Threshold 110 Aircraft Lmax:81.0 105 Ambient Leq:50.0 100- 95- • 90- a - 85- a 80 P c 75- Ln• 70- 65 Viottiv +4�I55 VVV50 45 40 14:12 14:13 14:14 14:15 14:16 14:17 14:18 Time Noise Monitoring Technical Report A-55 ESA/202300048.01 Pacific Airshow Huntington Beach December 2023 USAF Heritage 120 115 Aircraft SEL:120.1 — LAeq — Threshold 110 Aircraft Lmax:110.2 105 Ambient Le •51.5 100- 95- m 90 85- I Ir 80 75- i°n 70- 4k I 65- 60- 55 50-06 45- 40 14:20 14:25 14:30 14:35 14:40 14:45 14:50 14:55 15:00 Time Michael Goulian 120 115 Aircraft SEL•94.1 — LAeq — Threshold 110 Aircraft Lmax:84.2 105 Ambient Leq:54.4 100- 95- 90- c w 85- 80 75- eR 70- 65-60-` ,1 I 1II J 55 I I 50- 45- 40 15:12 15:14 15:16 15:18 15:20 15:22 Time Noise Monitoring Technical Report A-56 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 120 jet Waco 115 Aircraft SEL:95.7 — LAeq — Threshold 110 Aircraft Lmax:85.8 105 Ambient Leq:53.3 100- 95- m 90- a B - a 5 J 80- C 75- 7 t§ 70- \ 65- 111 60- 55 50- 45- 40 15:24 15:26 15:28 15:30 15:32 15:34 Time Thunderbirds 120 115 'ircraft SEL:128.5 — LAeq — 110 ircraft Lmax:125.1 Threshold 105 'mbient Leq:50.4 100 95 m 90 85 J80 75 70 65 55 i �1 � i � 'I I � �,t�� � ! 1 i 45 40 ti 15:40 15:45 15:50 15:55 16:00 16:05 16:10 16:15 16:20 Time Noise Monitoring Technical Report A-57 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Appendix B — Calibration Certificates Noise Monitoring Technical Report B-1 ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Calibration Certificate Certificate Number 2023001643 Customer: The Modal Shop 10310 Aerollub Boulevard Cincinnati,OH 45215,United States Model Number 831 Procedure Number D0001.8378 Serial Number 0003221 Technician Jacob Cannon Test Results Pass Calibration Date 8 Feb 2023 Calibration Due Initial Condition AS RECEIVED same as shipped Temperature 23.88 °C t 0.25°C Description Larson Davis Model 831 Humidity 49 %RH ±2.0%RH Class 1 Sound Level Meter Static Pressure 86.85 kPa t 0.13 kPa Firmware Revision: 2.403 Evaluation Method Tested electrically using Larson Davis PRM831 S/N 029590 and a 12.0 pF capacitor to simulate microphone capacitance. Data reported in dB re 20 pPa assuming a microphone sensitivity of 50.0 mV/Pa. Compliance Standards Compliant to Manufacturer Specifications and the following standards when combined with Calibration Certificate from procedure D0001.8384: IEC 60651:2001 Type 1 ANSI S1.4-2014 Class 1 IEC 60804:2000 Type 1 ANSI S1.4(R2006)Type 1 IEC 61252:2002 ANSI S1.25(R2007) IEC 61672:2013 Class 1 ANSI S1.43(R2007)Type 1 IEC 61260:2001 Class 1 ANSI S1.11 (R2009)Class 1 Issuing lab certifies that the instrument described above meets or exceeds all specifications as stated in the referenced procedure (unless otherwise noted). It has been calibrated using measurement standards traceable to the International System of Units(SI) through the National Institute of Standards and Technology(NIST),or other national measurement institutes,and meets the requirements of ISO/IEC 17025:2017.Test points marked with a$In the uncertainties column do not fall within this laboratory's scope of accreditation. The quality system is registered to ISO 9001:2015. This calibration is a direct comparison of the unit under test to the listed reference standards and did not involve any sampling plans to complete. No allowance has been made for the instability of the test device due to use,time,etc. Such allowances would be made by the customer as needed. The uncertainties were computed in accordance with the ISO Guide to the Expression of Uncertainty in Measurement(GUM). A coverage factor of approximately 2 sigma(k=2)has been applied to the standard uncertainty to express the expanded uncertainty at approximately 95%confidence level. This report may not be reproduced,except in full,unless permission for the publication of an approved abstract is obtained in writing from the organization issuing this report. Correction data from Larson Davis Model 831 Sound Level Meter Manual,1831.01 Rev S,2019-09-10 Calibration Check Frequency: 1000 Hz;Reference Sound Pressure Level: 114 dB re 20 pPa;Reference Range:0 dB gain LARSON DAVIS—A PCB DIVISION e+,,, i, 1681 Nest 820 North LARSON DAVIS Provo,UT 84601,United States 14. 'Eno A I'Gb UtVISION 716-684-0001 '�,,,,+„�, cnn•xno+ 2023-2-8T14:44:49 Page 1 of 10 D0001.8407 Rev G Certificate Number 2023001643 Standards Used Description Cal Date Cal Due Cal Standard Hart Scientific 2626-H Temperature Probe 2021-08-25 2023-02-25 006798 SRS DS360 Ultra Low Distortion Generator 2022-09-02 2023-09-02 007167 LARSON DAVIS—A PCB DIVISION amo, 16816 Nest 84 North `` ''LARSON DAVIS Provv UT 8 United States 716-684-0001 ,,!�`�` ,A—CRID OD, A PCB DIVISION ll1.� CERI R]6?IAI 2023-2-8T14:44:49 Page 2 of 10 D0001.8407 Rev G Certificate Number 2023001643 Z-weight Filter Response 1.0 6.0 0.8 0.6 4.0 0.4 m 0.2 J 2 0 p 3 c 0.0 - - - IR i - t ' - 0 C. .0 -0.2 r y -0.4 ■ ■ -2 0 Z A -0.6 (1) -0.8 la- lA -1.0 ... 1 10 100 1000 10000 100000 Frequency [Hz] Nominal 111 Deviation Lower Limit Upper Lim it Electrical signal test of frequency weighting performed according to IEC 61672-3:2013 13 and ANSI S1.4-2014 Part 3: 13 for compliance to IEC 61672-1:2013 5.5;IEC 60651:2001 6.1 and 9.2.2;IEC 60804:2000 5;ANSI S1.4:1983(R2006)5.1 and 8.2.1;ANSI S1.4-2014 Part 1:5.5 Frequency Hz Test Result dBExpanded 9 Y[ I [ 1 Deviation[dB] Lower limit[dB] Upper limit[dB] Result Uncertainty[dB] 6.31 -0.36 -0.36 -0.63 0.12 0.15 Pass 63.10 -0.05 -0.05 -0.30 0.30 0.15 Pass 125.89 -0.04 -0.03 -0.30 0.30 0.15 Pass 251.19 -0.06 -0.05 -0.30 0.30 0.15 Pass 501.19 -0.03 -0.02 -0.30 0.30 0.15 Pass 1,000.00 0.00 0.00 -0.30 0.30 0.15 Pass 1,995.26 -0.03 -0.03 -0.30 0.30 0.15 Pass 3,981.07 -0.01 -0.01 -0.30 0.30 0.15 Pass 7,943.28 0.04 0.04 -0.30 0.30 0.15 Pass 15,848.93 -0.06 -0.06 -0.42 0.32 0.15 Pass 19,952.62 -0.33 -0.33 -0.71 0.41 0.15 Pass --End of measurement results-- LARSON DAVIS-APCB DIVISION Provo, , estUT 846 North ► �`°''CARBON DAVIS Provo,UT 84601,United States ��,? ,�^'�, ,ACCREDITED: A I'CII DIVISION 716-684-0001 '4,/,,I.W CERI$361)01 2023-2-8TI4:44:49 Page 3 of 10 D0001.8407 Rev G Certificate Number 2023001643 A-weighted 0 dB Gain Broadband Log Linearity: 8,000.00 Hz 1.0 0.6 i 0.6 0.4 07 0.2 ■II• 0.0 r . - ■�--� -., a s • -I • . • • • 2 -0.2 11J -0.4 -0.8 I I 0.8 I I ! 1 -1.0 10.0 30.0 50.0 70.0 90.0 110.0 130.0 150.0 Level Injected[dB] • Error Lover Limt Upper Lhrit Broadband level linearity performed according to IEC 61672-3:2013 16 and ANSI S1.4-2014 Part 3: 16 for compliance to IEC 61672-1:2013 5.6,IEC 60804:2000 6.2,IEC 61252:2002 8,ANSI S1.4(R2006)6.9,ANSI S1.4-2014 Part 1:5.6,ANSI S1.43(R2007)6.2 Expanded Level[dB] Error[dB] Lower limit[dB] Upper limit[dB] Result Uncertainty[dB] 26.00 0.29 -0.70 0.70 0.16 Pass 27.00 0.19 -0.70 0.70 0.16 Pass 28.00 0.26 -0.70 0.70 0.16 Pass 29.00 0.18 -0.70 0.70 0.16 Pass 30.00 0.23 -0.70 0.70 0.16 Pass 31.00 0.14 -0.70 0.70 0.16 Pass 32.00 0.12 -0.70 0.70 0.16 Pass 33.00 0.16 -0.70 0.70 0.16 Pass 34.00 0.17 -0.70 0.70 0.16 Pass 35.00 0.08 -0.70 0.70 0.16 Pass 36.00 0.07 -0.70 0.70 0.16 Pass 39.00 0.04 -0.70 0.70 0.16 Pass 44.00 0.02 -0.70 0.70 0.16 Pass 49.00 0.03 -0.70 0.70 0.16 Pass 54.00 0.03 -0.70 0.70 0.16 Pass 59.00 0.03 -0.70 0.70 0.16 Pass 64.00 0.02 -0.70 0.70 0.16 Pass 69.00 0.03 -0.70 0.70 0.16 Pass 74.00 0.00 -0.70 0.70 0.16 Pass 79.00 0.03 -0.70 0.70 0.16 Pass 84.00 0.02 -0.70 0.70 0.16 Pass 89.00 0.02 -0.70 0.70 0.16 Pass 94.00 0.02 -0.70 0.70 0.16 Pass 99.00 0.02 -0.70 0.70 0.16 Pass 104.00 0.00 -0.70 0.70 0.15 Pass 109.00 0.02 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass 119.00 0.03 -0.70 0.70 0.15 Pass 124.00 0.02 -0.70 0.70 0.15 Pass 129.00 0.02 -0.70 0.70 0.15 Pass 134.00 0.01 -0.70 0.70 0.15 Pass 135.00 0.01 -0.70 0.70 0.15 Pass 136.00 0.02 -0.70 0.70 0.15 Pass 137.00 0.01 -0.70 0.70 0.15 Pass 138.00 0.01 -0.70 0.70 0.15 Pass 139.00 0.01 -0.70 0.70 0.15 Pass LARSON DAVIS-A PCB DIVISION Provo, ,UTest 846 1,United °� elk, �` 'CARBON DAVIS Provo,UT 84601,United States %^.` (AeCREPITID 716-684-0001 .4,^1,N.• CEO.AY7A, A I cts nlVl ,lurJ 2023-2-8T14:44:49 Page 4 of 10 D0001.8407 Rev c Certificate Number 2023001643 Level[dB] Error]dB] Lower limit[dB] Upper limit[dB] E:paraded Result Uncertainty[dB] 140.00 0.00 -0.70 0.70 0.15 Pass --End of measurement results-- LARSON DAVIS—A PCB DIVISION 1681 \Vest 820 North ► �` '}LARSON DAVIS Provo,UT 84601,United States 141 716-684-0001 ',�n�` (ACCRIDIT[D A PCB I)IVISIc)N 1,Z,e c ut.]on i 2023-2-8T14:44:49 Page 5 of 10 D0001.8407 Rev G Certificate Number 2023001643 A-weighted 20 dB Gain Broadband Log Linearity: 8,000.00 Hz to 0.8 0.6 1 I ; I 0.4 13 0.2 w W -0.2 -0.4 i -0.6 I I 1 1 1 -0.8 -1.0 10.0 30.0 50.0 70.0 90.0 110.0 130.0 Level Injected[dB] Error Lover Unit Upper Lirrit Broadband level linearity performed according to IEC 61672-3:2013 16 and ANSI S1.4-2014 Part 3: 16 for compliance to IEC 61672-1:2013 5.6,IEC 60804:2000 6.2,IEC 61252:2002 8,ANSI S1.4(R2006)6.9,ANSI S1.4-2014 Part 1:5.6,ANSI S1.43(R2007)6.2 Level[dB] Error[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty(dB] 21.00 0.25 -0.70 0.70 0.16 Pass 22.00 0.21 -0.70 0.70 0.16 Pass 23.00 0.18 -0.70 0.70 0.16 Pass 24.00 0.16 -0.70 0.70 0.16 Pass 25.00 0.14 -0.70 0.70 0.16 Pass 26.00 0.10 -0.70 0.70 0.16 Pass 27.00 0.08 -0.70 0.70 0.16 Pass 28.00 0.07 -0.70 0.70 0.16 Pass 29.00 0.07 -0.70 0.70 0.16 Pass 30.00 0.06 -0.70 0.70 0.16 Pass 31.00 0.05 -0.70 0.70 0.16 Pass 32.00 0.04 -0.70 0.70 0.16 Pass 33.00 0.06 -0.70 0.70 0.16 Pass 34.00 0.06 -0.70 0.70 0.16 Pass 35.00 0.04 -0.70 0.70 0.16 Pass 36.00 0.03 -0.70 0.70 0.16 Pass 37.00 0.03 -0.70 0.70 0.16 Pass 38.00 0.03 -0.70 0.70 0.16 Pass 39.00 0.04 -0.70 0.70 0.16 Pass 44.00 0.03 -0.70 0.70 0.16 Pass 49.00 0.03 -0.70 0.70 0.16 Pass 54.00 0.03 -0.70 0.70 0.16 Pass 59.00 0.03 -0.70 0.70 0.16 Pass 64.00 0.02 -0.70 0,70 0.16 Pass 69.00 0.03 -0.70 0.70 0.16 Pass 74.00 0.01 -0.70 0.70 0.16 Pass 79.00 0.04 -0.70 0,70 0.16 Pass 84.00 0.03 -0.70 0.70 0.16 Pass 89.00 0.04 -0.70 0.70 0.16 Pass 94.00 0.04 -0.70 0.70 0.16 Pass 99.00 0.04 -0.70 0.70 0.16 Pass 104.00 0.02 -0.70 0.70 0.15 Pass 109.00 0.02 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass 115.00 0.03 -0.70 0.70 0.15 Pass 116.00 0.01 -0.70 0.70 0.15 Pass LARSON DAVIS-A PCB DIVISION 1681 West 820 North ! Provo,UT 84601,United States LARSON DAVIS 716-684-0001 %.. ACCIIIDITED "•,r i cearoezzoi A PCII UIVL';ION 2023-2-8T14:44:49 Page 6 of 10 D000I.8407 Rev G Certificate Number 2023001643 Level[dB] Error[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty[dB] 117.00 0.01 -0.70 0.70 0.15 Pass 118.00 0.01 -0.70 0.70 0.15 Pass 119.00 0.03 -0.70 0.70 0.15 Pass 120.00 0.02 -0.70 0.70 0.15 Pass --End of measurement results-- Peak Rise Time Peak rise time performed according to IEC 60651:2001 9.4.4 and ANSI S1.4:1983(R2006)8.4.4 Amplitude[dB] Duration[µs] Test Result[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty[dB] 139.00 40 Negative Pulse 136.00 134.52 136.52 0.15 Pass Positive Pulse 136.00 134.52 136.52 0.15 Pass 30 Negative Pulse 135.06 134.52 136.52 0.15 Pass Positive Pulse 135.08 134.52 136.52 0.15 Pass --End of measurement results-- Positive Pulse Crest Factor 200 ps pulse tests at 2.0, 12.0, 22.0, 32.0 dB below Overload Limit Crest Factor measured according to IEC 60651:2001 9,4.2 and ANSI S1.4:1983(R2006)8.4.2 Amplitude[dB] Crest Factor Test Result[dB] Limits[dB] Expanded Uncertainty[dB] Result 138.00 3 OVLD ±0.50 0.15$ Pass 5 OVLD ± 1.00 0.15$ Pass 10 OVLD ± 1.50 0.15$ Pass 128.00 3 -0.12 ±0.50 0.15$ Pass 5 -0.10 ± 1.00 0.15$ Pass 10 OVLD ± 1.50 0.15$ Pass 118.00 3 -0.12 ±0.50 0.16$ Pass 5 -0.12 ± 1.00 0.15$ Pass 10 -0.24 ± 1.50 0.15$ Pass 108.00 3 -0.12 ±0.50 0.18$ Pass 5 -0.11 ± 1.00 0.15$ Pass 10 -0.16 ± 1.50 0.15$ Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION 1681 Nest 820 North `LARSON DAVIS Provo,UT 84601,United States / \ - ACCREDITED "'/.�,�y, C RI 3enoi A I'CR DIVISION 716-684-0001 2023-2-8TI4:44:49 Page 7 of 10 D000I.8407 Rev G Certificate Number 2023001643 Negative Pulse Crest Factor 200 is pulse tests at 2.0, 12.0, 22.0, 32.0 dB below Overload Limit Crest Factor measured according to IEC 60651:2001 9.4.2 and ANSI Si.4:1983(R2006)8.4.2 Amplitude[dB] Crest Factor Test Result[dB] Limits[dB] Expanded Uncertainty[dB] Result 138.00 3 OVLD ±0.50 0.15$ Pass 5 OVLD ± 1.00 0.15$ Pass 10 OVLD ± 1.50 0.15$ Pass 128.00 3 -0.12 ±0.50 0.15$ Pass 5 -0.10 ± 1.00 0.15$ Pass 10 OVLD ± 1.50 0.15$ Pass 118.00 3 -0.12 ±0.50 0.15$ Pass 5 -0.10 ± 1.00 0.15$ Pass 10 -0.24 ± 1.50 0.15$ Pass 108.00 3 -0.12 ±0.50 0.15$ Pass 5 -0.10 ± 1.00 0.15$ Pass 10 -0.16 ±1.50 0.15$ Pass --End of measurement results-- Gain Gain measured according to IEC 61672-3:2013 17.3 and 17.4 and ANSI S1.4-2014 Part 3: 17.3 and 17.4 Measurement Test Result[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty[dB] 0 dB Gain 94.00 93.89 94.09 0.15 Pass 0 dB Gain, Linearity 29.19 28.29 29.69 0.16 Pass 20 dB Gain 94.00 93.89 94.09 0.15 Pass 20 dB Gain, Linearity 24.12 23.29 24.69 0.16 Pass OBA Low Range 93.99 93.89 94.09 0.15 Pass OBA Normal Range 93.99 93.20 94.80 0.15 Pass --End of measurement results-- Broadband Noise Floor Self-generated noise measured according to IEC 61672-3:2013 11.2 and ANSI S1.4-2014 Part 3: 11.2 Measurement Test Result[dB] Upper limit[dB] Result A-weight Noise Floor 7.14 15.00 Pass C-weight Noise Floor 12.14 17.30 Pass Z-weight Noise Floor 21.78 24.50 Pass --End of measurement results-- Total Harmonic Distortion Measured using 1/3-Octave filters Measurement Test Result [dB] Lower Limit[dB] Upper Limit[dB] Expanded Result Uncertainty[dB] 10 Hz Signal 137.53 137.20 138.80 0.15 Pass THD -73.64 -60.00 0.01 $ Pass THD+N -66.30 -60.00 0.01 $ Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION 1681 ,Vest 846 North ► '' LARSON DAVIS Provo,UT 84601,United States 716 684-000I %i�nw tAC�C�RfDITADi A MIS DIVI SION VI;1()tJ 2023.2-8T14:44:49 Page 8 of 10 D0001.8407 Rev G Certificate Number 2023001643 1/3-Octave Self-Generated Noise 16 m 12 11 a I III I 4 -0 a> o m ta Ip 2 -4 8 1.0IllIOIIII1IIIhII. ..L__.IIIIIIiil 10.0 100.0 1000.0 10000.0 100000.0 Frequency[Hz] W. Measured Upper Li«it The SLM is set to low range and 20 dB gain. Frequency[Hz] Test Result[dB] Upper limit[dB] Result 6.30 10.81 15.50 Pass 8.00 9.66 14.70 Pass 10.00 8.69 13.90 Pass 12.50 7.67 13.10 Pass 16.00 6.52 12.30 Pass 20.00 6.20 11.50 Pass 25.00 5.28 10.70 Pass 31.50 3.96 9.90 Pass 40.00 2.72 9.10 Pass 50.00 1.67 8.10 Pass 63.00 1.08 7.10 Pass 80.00 0.17 6.10 Pass 100.00 -1.02 5.30 Pass 125.00 -1.59 4.70 Pass 160.00 -2.49 4.10 Pass 200.00 -2.91 3.60 Pass 250.00 -4.10 3.10 Pass 315.00 -4.44 2.70 Pass 400.00 -4.81 2.60 Pass 500.00 -5.46 2.60 Pass 630.00 -5.96 2.70 Pass 800.00 -6.29 2.80 Pass 1,000.00 -6.53 3.00 Pass 1,250.00 -6.57 3.20 Pass 1,600.00 -6.52 3.50 Pass 2,000.00 -6.36 3.80 Pass 2,500.00 -5.89 4.30 Pass 3,150.00 -5.27 4.90 Pass 4,000.00 -4.48 5.70 Pass 5,000.00 -3.96 6.40 Pass 6,300.00 -3.72 7.40 Pass 8,000.00 -3.40 8,60 Pass 10,000.00 -2.89 9.80 Pass 12,500.00 -2.14 11.20 Pass 16,000.00 -1.21 12.60 Pass 20,000.00 -0.04 14.00 Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION 1681 West 820 Northam * it LARSON DAVIS Provo,UT 84601,United States 716 684-0001 :,;�,;` tAccneo:Ttao A PCB DIVISION b,,,,,,'� CET 0u71Ar 2023-2-8T14:44:49 Page 9 of 10 D0001.8407 Rev G Certificate Number 2023001643 --End of Report-- Signatory: Jp 9j LARSON DAVIS—A PCB DIVISION 1 820 North ► LARSON DAVIS Provo, UT UT 84601,United States �r�'• "��.' 71t)-t)84-000I ACCREDITED ` cfa�eenoi A I'(;14 1)1V I ,ION 2023-2-8Tt4:44:49 Page 10 of 10 D000I.8407 Rev G Calibration Certificate Certificate Number 2023001628 Customer: The Modal Shop 10310 AeroHub Boulevard Cincinnati,OH 45215,United States Model Number 831 Procedure Number D0001.8378 Serial Number 0003558 Technician Jacob Cannon Test Results Pass Calibration Date 8 Feb 2023 Initial Condition AS RECEIVED same as shipped Calibration Due Temperature 23.77 °C ±0.25°C Description Larson Davis Model 831 Humidity 49.1 %RH ±2.0%RH Class 1 Sound Level Meter Static Pressure 86.92 kPa ±0.13 kPa Firmware Revision:2.403 Evaluation Method Tested electrically using Larson Davis PRM831 S/N 029590 and a 12.0 pF capacitor to simulate microphone capacitance. Data reported in dB re 20 uPa assuming a microphone sensitivity of 50.0 mV/Pa. Compliance Standards Compliant to Manufacturer Specifications and the following standards when combined with Calibration Certificate from procedure D0001.8384: IEC 60651:2001 Type 1 ANSI S1.4-2014 Class 1 tEC 60804:2000 Type 1 ANSI S1.4(R2006)Type 1 IEC 61252:2002 ANSI S1.25(R2007) IEC 61672:2013 Class 1 ANSI S1.43(R2007)Type 1 IEC 61260:2001 Class 1 ANSI S1.11 (R2009)Class 1 Issuing tab certifies that the instrument described above meets or exceeds all specifications as stated in the referenced procedure (unless otherwise noted). It has been calibrated using measurement standards traceable to the International System of Units(SI) through the National Institute of Standards and Technology(NIST),or other national measurement Institutes,and meets the requirements of ISO/IEC 17025:2017.Test points marked with a$in the uncertainties column do not fall within this laboratory's scope of accreditation. The quality system is registered to ISO 9001:2015. This calibration is a direct comparison of the unit under test to the listed reference standards and did not involve any sampling plans to complete. No allowance has been made for the instability of the test device due to use,time,etc. Such allowances would be made by the customer as needed. The uncertainties were computed in accordance with the ISO Guide to the Expression of Uncertainty in Measurement(GUM). A coverage factor of approximately 2 sigma(k=2)has been applied to the standard uncertainty to express the expanded uncertainty at approximately 95%confidence level. This report may not be reproduced,except in full,unless permission for the publication of an approved abstract is obtained in writing from the organization issuing this report. Correction data from Larson Davis Model 831 Sound Level Meter Manual,1831.01 Rev S,2019-09-10 Calibration Check Frequency: 1000 Hz;Reference Sound Pressure Level: 114 dB re 20 pPa;Reference Range:0 dB gain LARSON DAVIS—A PCB DIVISION 'LARSON DAVIS 1681 \Vest 820 North Provo,UT 84601,United States ' ACCRIDITID 716-684-0001 A hcll DIVISION Cf RI r�51)Ol 2023-2-8T13:19:19 Page 1 of 10 D0001.8407 Rev G Certificate Number 2023001628 Standards Used Description Cal Date Cal Due Cal Standard Hart Scientific 2626-H Temperature Probe 2021-08-25 2023-02-25 006798 SRS DS360 Ultra Low Distortion Generator 2022-09-02 2023-09-02 007167 LARSON DAVIS—A PCB DIVISION 1681 West 820 North 's Provo,UT 84601,United States ,110" ®LARSON DAVIS 716-684-0001 -; ,Aceneotroo) A DOB DIVISION�..,„ CHI 6M77AI 2023-2-8T13:19:19 Page 2 of 10 D0001.8407 Rev G Certificate Number 2023001628 Z-weight Filter Response 1.0 6.0 0.8 0.6 4.0 0.4 m 0.2 1 -- 2.0 C a 0.0 -0.2io . -IN = ■ * •■ ■ . 0.0 c r- -0.4 • -2.0 < di 0.6 I to -0.8 0. D3 -1.0 4.0`r 1 10 100 1000 10000 100000 Frequency [Hz] ....Nominal Deviation Lower Limit Upper Limit Electrical signal test of frequency weighting performed according to IEC 61672-3:2013 13 and ANSI S1.4-2014 Part 3: 13 for compliance to IEC 61672-1:2013 5.5;IEC 60651:2001 6.1 and 9.2.2;IEC 60804:2000 5;ANSI S1.4:1983(R2006)5.1 and 8.2.1;ANSI S1.4-2014 Part 1:5.5 Frequency[Hz] Test Result[dB] Deviation[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty[dB] 6.31 -0.48 -0.48 -0.63 0.12 0.15 Pass 63.10 -0.06 -0.06 -0.30 0.30 0.15 Pass 125.89 -0.03 -0.03 -0.30 0.30 0.15 Pass 251.19 -0.04 -0.04 -0.30 0.30 0.15 Pass 501.19 -0.02 -0.02 -0.30 0.30 0.15 Pass 1,000.00 0.00 0.00 -0.30 0.30 0.15 Pass 1,995.26 -0.03 -0.03 -0.30 0.30 0.15 Pass 3,981.07 -0.01 -0.01 -0.30 0.30 0.15 Pass 7,943.28 0.04 0.04 -0.30 0.30 0.15 Pass 15,848.93 -0.06 -0.06 -0.42 0.32 0.15 Pass 19,952.62 -0.34 -0.34 -0.71 0.41 0.15 Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION „I„r 1681 Nest 820 North CARBON DAVIS Provo,UT 84601,United States 716-684-000i �,,��j�\~ 'ACCREDITIDJ A Pull ulvlslc)N •l.,1„1" CEO•361701 2023-2-8T13:19:19 Page 3 of 10 D0001.8407 Rev G Certificate Number 2023001628 A-weighted 0 dB Gain Broadband Log Linearity: 8,000.00 Hz 1.0 0.8 0.6 0.4 0.2 i i 13 * - - -- W -0.2 -0.4 i i -0.6 I 1 i -0.8 -1.0 10.0 30.0 50.0 70.0 90.0 110.0 130.0 150.0 Level Injected[dB] ID Error Lov.er Lirrit Upper Lioit Broadband level linearity performed according to IEC 61672-3:2013 16 and ANSI S1.4-2014 Part 3: 16 for compliance to IEC 61672-1:2013 5.6,IEC 60804:2000 6.2,IEC 61252:2002 8,ANSI S1.4(R2006)6.9,ANSI S1.4-2014 Part 1:5.6,ANSI S1.43(R2007)6.2 Expanded[dB) Error[dBI Lower limit IdB1 Upper limit[dB] Result Uncertainty[dB] 26.00 0.25 -0.70 0.70 0.16 Pass 27.00 0.20 -0.70 0.70 0.16 Pass 28.00 0.17 -0.70 0.70 0.16 Pass 29.00 0.09 -0.70 0.70 0.16 Pass 30.00 0.07 -0.70 0.70 0.16 Pass 31.00 0.06 -0.70 0.70 0.16 Pass 32.00 0.01 -0.70 0.70 0.16 Pass 33.00 0.03 -0.70 0.70 0.16 Pass 34.00 0.03 -0.70 0.70 0.16 Pass 35.00 0.01 -0.70 0.70 0.16 Pass 36.00 -0.01 -0.70 0.70 0.16 Pass 39.00 0.03 -0.70 0.70 0.16 Pass 44.00 0.01 -0.70 0,70 0.16 Pass 49.00 0.02 -0.70 0.70 0.16 Pass 54.00 0.02 -0.70 0.70 0.16 Pass 59.00 0.02 -0.70 0.70 0.16 Pass 64.00 0.01 -0.70 0.70 0.16 Pass 69.00 0.02 -0.70 0.70 0.16 Pass 74.00 0.00 -0.70 0.70 0.16 Pass 79.00 0.03 -0.70 0.70 0.16 Pass 84.00 0.02 -0.70 0.70 0.16 Pass 89.00 0.02 -0.70 0.70 0.16 Pass 94,00 0.02 -0.70 0.70 0.16 Pass 99.00 0.02 -0.70 0.70 0.16 Pass 104.00 -0.01 -0.70 0.70 0.15 Pass 109.00 0.02 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass 119.00 0.03 -0.70 0.70 0.15 Pass 124.00 0.02 -0.70 0.70 0.15 Pass 129.00 0.02 -0.70 0.70 0.15 Pass 134.00 0.02 -0.70 0.70 0.15 Pass 135.00 0.01 -0.70 0.70 0.15 Pass 136.00 0.02 -0.70 0.70 0.15 Pass 137.00 0.01 -0.70 0.70 0.15 Pass 138.00 0.01 -0.70 0.70 0.15 Pass 139.00 0.02 -0.70 0.70 0.15 Pass LARSON DAVIS-A PCB DIVISION N 1681 West 820 North Provo,UT 84601,United States ► LARSON DAVIS 716 684-0001 , ACCREDITED a„` CERIY}y7IOI A PCB UIVI810N 2023-2-8T13:19:19 Page 4 of 10 D0001.8407 Rev G Certificate Number 2023001628 Level[dB] Error[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty[dB[ 140.00 0.01 -0.70 0.70 0.15 Pass --End of measurement results-- LARSON DAVIS—A PCB DIVISION 1681 Nest 820 North Provo,UT 84601,United States _ *LARSON DAVIS 716-684-0001 '-;mo w:° ceai�u 1ACCRIDtxoiID) � T. A I'Cti DIMION 2023-2-8TI3:19:19 Page 5 of 10 n0001.8407 Rev G Certificate Number 2023001628 A-weighted 20 dB Gain Broadband Log Linearity: 8,000.00 Hz 1.0 0.8 0.6 0.4 Elf 11 0.2 till ,.. 0.0 n1UI.r_m,%i - a ram . A r K a la 4. a in.-.111112.. O it -0.2 -0.4 -0.6 -0.8 -1.0 10.0 30.0 50.0 70.0 90.0 110,0 130.0 Level Injected [dB] r Error Lover Limt Upper Lirnt Broadband level linearity performed according to IEC 61672-3:2013 16 and ANSI S1.4-2014 Part 3: 16 for compliance to IEC 61672-1:2013 5.6,IEC 60804:2000 6.2,IEC 61252:2002 8,ANSI S1.4(R2006)6.9,ANSI S1.4-2014 Part 1:5.6,ANSI S1.43(R2007)6.2 Level[dB] Error[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty[dB] 21.00 0.25 -0.70 0.70 0.16 Pass 22.00 0.20 -0.70 0.70 0.16 Pass 23.00 0.15 -0.70 0.70 0.16 Pass 24.00 0.13 -0.70 0.70 0.16 Pass 25.00 0.12 -0.70 0.70 0.16 Pass 26.00 0.08 -0.70 0.70 0.16 Pass 27.00 0.09 -0.70 0.70 0.16 Pass 28.00 0.06 -0.70 0.70 0.16 Pass 29.00 0.05 -0.70 0.70 0.16 Pass 30.00 0.05 -0.70 0.70 0.16 Pass 31.00 0.04 -0.70 0.70 0.16 Pass 32.00 0.03 -0.70 0.70 0.16 Pass 33.00 0.05 -0.70 0.70 0.16 Pass 34.00 0.05 -0.70 0.70 0.16 Pass 35.00 0.03 -0.70 0.70 0.16 Pass 36.00 0.02 -0.70 0.70 0.16 Pass 37.00 0.01 -0.70 0.70 0.16 Pass 38.00 0.01 -0.70 0.70 0.16 Pass 39.00 0.04 -0.70 0.70 0.16 Pass 44.00 0.02 -0.70 0.70 0.16 Pass 49.00 0.02 -0.70 0.70 0.16 Pass 54.00 0.02 -0.70 0,70 0.16 Pass 59.00 0.02 -0.70 0.70 0.16 Pass 64.00 0.01 -0.70 0.70 0.16 Pass 69.00 0.02 -0.70 0.70 0.16 Pass 74.00 -0.01 -0.70 0.70 0.16 Pass 79.00 0.03 -0.70 0.70 0.16 Pass 84.00 0.01 -0.70 0.70 0.16 Pass 89.00 0.04 -0.70 0.70 0.16 Pass 94.00 0.04 -0.70 0.70 0.16 Pass 99.00 0.04 -0.70 0.70 0.16 Pass 104.00 0.01 -0.70 0.70 0.15 Pass 109.00 0.02 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass 115.00 0.03 -0.70 0.70 0.15 Pass 116.00 0.01 -0.70 0.70 0.15 Pass LARSON DAVIS-A PCB DIVISION 1681 Nest 820 North "lam'' `CARBON DAVIS Provo,UT 8464G01,United States 716-684-0001 q ";-Nt' ,ACCNIDITID; A I'CIS I)IVl luN i.,1..1.• CfR1.367201 2023-2-8T13:I9:19 Page 6 of 10 D0001.8407 Rev G Certificate Number 2023001628 Level[dB] Error[dB] Lower limit[dB] Upper limit[dB) Expanded Result Uncertainty[dB) 117.00 0.01 -0.70 0.70 0.15 Pass 118.00 0.02 -0.70 0.70 0.15 Pass 119.00 0.03 -0.70 0.70 0.15 Pass 120.00 0.02 -0.70 0.70 0.15 Pass --End of measurement results-- Peak Rise Time Peak rise time performed according to IEC 60651:2001 9.4.4 and ANSI S1.4:1983(R2006)8.4.4 Amplitude[dB] Duration[µs] Test Result[dB] Lower limit IdB] Upper limit[dB] Expanded Result Uncertainty[dB] 139.00 40 Negative Pulse 136.00 134.52 136.52 0.15 Pass Positive Pulse 136.00 134.52 136.52 0.15 Pass 30 Negative Pulse 135.07 134.52 136.52 0.15 Pass Positive Pulse 135.07 134.52 136.52 0.15 Pass --End of measurement results-- Positive Pulse Crest Factor 200 ps pulse tests at 2.0, 12.0, 22.0, 32.0 dB below Overload Limit Crest Factor measured according to IEC 60651:2001 9.4.2 and ANSI S1,4:1983(R2006)8.4.2 Amplitude[dB] Crest Factor Test Result[dB] Limits]dB] Expanded Uncertainty[dB] Result 138.00 3 OVLD ±0.50 0.15$ Pass 5 OVLD ± 1.00 0.15$ Pass 10 OVLD ± 1.50 0.15$ Pass 128.00 3 -0.12 ±0.50 0.15$ Pass 5 -0.11 ± 1.00 0.15$ Pass 10 OVLD t 1.50 0.15$ Pass 118.00 3 -0.12 ±0.50 0.16$ Pass 5 -0.11 ± 1.00 0.15$ Pass 10 -0.16 ± 1.50 0.15$ Pass 108.00 3 -0.12 ±0.50 0.18$ Pass 5 -0.11 ± 1.00 0.15$ Pass 10 -0.25 ± 1.50 0.15$ Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION 0, 1681 Nest 820 North ��'w� (t ))LARSON DAVIS Provo,UT 84601,United States 716-684-0001 '-,!�,: tACCI1tiDIT�DJ A KU DIvisioN hd„b. CHI N171AI 2023.2-8TI3:19:19 Page 7 of 10 D000I.8407 Rev G Certificate Number 2023001628 Negative Pulse Crest Factor 200 ps pulse tests at 2.0, 12.0, 22.0, 32.0 dB below Overload Limit Crest Factor measured according to IEC 60651:2001 9.4.2 and ANSI S1.4:1983(R2006)8.4.2 Amplitude[dB] Crest Factor Test Result[dB] Limits[dB] Expanded Uncertainty[dB] Result 138.00 3 OVLD ±0.50 0.15$ Pass 5 OVLD ± 1.00 0.15$ Pass 10 OVLD ± 1.50 0.15$ Pass 128.00 3 -0.11 ±0.50 0.15$ Pass 5 -0.10 ± 1.00 0.15$ Pass 10 OVLD ± 1.50 0.15$ Pass 118.00 3 -0.13 ±0.50 0.15$ Pass 5 -0.10 ± 1.00 0.15$ Pass 10 -0.16 ± 1.50 0.15$ Pass 108.00 3 -0.11 ±0.50 0.15$ Pass 5 -0.12 ± 1.00 0.15$ Pass 10 -0.25 ± 1.50 0.15$ Pass --End of measurement results-- Gain Gain measured according to IEC 61672-3:2013 17.3 and 17.4 and ANSI S1.4-2014 Part 3: 17.3 and 17.4 Measurement Test Result[dB] Lower limit[dB] Upper limit[dB] Expanded Result Uncertainty[dB] 0 dB Gain 93.99 93.89 94.09 0.15 Pass 0 dB Gain, Linearity 29.14 28.29 29.69 0.16 Pass 20 dB Gain 94.00 93.89 94.09 0.15 Pass 20 dB Gain, Linearity 24.09 23.29 24.69 0.16 Pass OBA Low Range 93.99 93.89 94.09 0.15 Pass OBA Normal Range 93.99 93.20 94.80 0.15 Pass --End of measurement results-- Broadband Noise Floor Self-generated noise measured according to IEC 61672-3:2013 11.2 and ANSI S1.4-2014 Part 3: 11.2 Measurement Test Result[dB] Upper limit[dB] Result A-weight Noise Floor 7.24 15.00 Pass C-weight Noise Floor 12.22 17.30 Pass Z-weight Noise Floor 21.91 24.50 Pass --End of measurement results-- Total Harmonic Distortion Measured using 1/3-Octave filters Measurement Test Result dB Lower Limit dB U dB Expanded [ ] [ ] pper Limit[ ] Result Uncertainty[dB] 10 Hz Signal 137.53 137.20 138.80 0.15 Pass THD -74.12 -60.00 0.01 $ Pass THD+N -66.57 -60.00 0.01 $ Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION o„l„ ,-, P.::, .4 1681 West 820 North ``�� CARBON DAVIS Provo,UT 84601,United States 716-684-0001 <,^,, ` CERIRA77D1 A I'CR DIVISION 2023-2.8T13:19:19 Page 8 of 10 D0001.8407 Rev G Certificate Number 2023001628 1/3-Octave Self-Generated Noise 16 m 12 a TO6 > J 4 i .Q ,. ,_ 7 0 ca N ,,„ a ______1111-6-1-16-----5-ii-sii IIIIII■..1....■1111 11I 1.0 10.0 100.0 1000.0 10000.0 100000.0 Frequency[Hz] Measured Upper Unit The SLM is set to low range and 20 dB gain. Frequency[Hz] Test Result[dB] Upper limit[dB] Result 6.30 10.45 15,50 Pass 8.00 10.38 14.70 Pass 10.00 8.98 13.90 Pass 12.50 7.56 13.10 Pass 16.00 7.00 12.30 Pass 20.00 5.98 11.50 Pass 25.00 4.52 10.70 Pass 31.50 4.16 9.90 Pass 40.00 2.74 9.10 Pass 50.00 1.88 8.10 Pass 63.00 1.32 7.10 Pass 80.00 0.29 6.10 Pass 100.00 -0.76 5.30 Pass 125.00 -1.69 4.70 Pass 160.00 -2.44 4.10 Pass 200.00 -2.98 3.60 Pass 250.00 -3.97 3.10 Pass 315.00 -4.49 2.70 Pass 400.00 -4.91 2.60 Pass 500.00 -5.59 2.60 Pass 630.00 -6.12 2.70 Pass 800.00 -6.37 2.80 Pass 1,000.00 -6.51 3.00 Pass 1,250.00 -6.64 3.20 Pass 1,600.00 -6.58 3.50 Pass 2,000.00 -6.39 3.80 Pass 2,500.00 -5.91 4.30 Pass 3,150.00 -5.33 4.90 Pass 4,000.00 -4.54 5.70 Pass 5,000.00 -4.08 6.40 Pass 6,300.00 -3.84 7.40 Pass 8,000.00 -3.58 8.60 Pass 10,000.00 -3.07 9.80 Pass 12,500.00 -2.36 11.20 Pass 16,000.00 -1.54 12.60 Pass 20,000.00 -0.59 14.00 Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION1681 West UT820 4601,U ,�, ��_ 1LARSON DAVIS Provo,UT 84601,United States 1-1134 716-684-0001 ;,,;, \,' t tu22nto ni�c;isi�iVi!si()N� 2023-2-8r13:19:19 Page 9 of 10 wool 8407 Rev(, Certificate Number 2023001628 --End of Report-- Signatory: Jac* etaiuurit. LARSON DAVIS—A PCB DIVISION ,• „� 1681 West 820 North " ''CARBON DAVIS Provo,UT 84601,United States � ? aectRproi�l9, A PCt3 DIVISION 716-684-0001 2023-2-8T13:19:19 Page 10 of 10 D000I.8407 Rev G 10310 Aerohub Boulevard ((0THE MODAL SHOP Cincinnati, OH 45215 AN AMPHENOL COMPANY Certificate of Calibration- Ph: 513.351.9919 Fax: 513.458.2172172 www.modalshop.com Manufacturer: PCB Customer: TMS Rental Model Number: 377B02 Address: Serial Number: 313622 Asset ID: 71156 Cal Date/Cal ID: Mar 21,2023 17:10:38 Description: Free-Field Microphone Due Date: Sensitivity: 251.29 Hz 1000 Hz Temperature: 75(24) °F(°C) -26.07 -26.11 dB re. 1V/Pa Humidity: 25 % 49.72 49.49 mV/Pa Ambient Pressure: 1001 mbar Reference Sens: In Tolerance Freq.Response: In Tolerance Polarization Voltage: 0 VDC 5 0 r�� 5 - Frequency Response Characteristics:The upper curve is the free field characteristic - for the microphone with protection grid.The lower curve is the pressure response _ recorded by electrostatic actuator. -10 - Sensitivity:The stated sensitivity is the open-circuit sensitivity.When used with a - typical preamplifier the sensitivity will be 0.2 dB lower. -15 1 i 1 1 1 1 i 1 1 1 1 l i i i 1 1 i i l i l r i r I 10 100 1000 10000 Frequency[Hz] Traceability: The calibration is traceable through NIST Project A3214. Notes: Calibration results relate only to the items calibrated. This certificate may not be reproduced,except in full,without written permission. This calibration is performed in compliance with ISO 9001,ISO 17025 and ANSI Z540. Measurement uncertainty(250 Hz sensitivity calibration)at 95%confidence level: 0.30 dB Calibrated per procedure PRD-P204. User Note: As Found/As Left:In Tolerance Frequency Response with reference to level at 251.29 Hz Frequency Upper Frequency Upper Frequency Upper Frequency Upper (Hz) (dB) (Hz) (dB) (Hz) (dB) (Hz) (dB) 20 0.45 630 0.03 4500 0.18 25 0.33 800 0.07 5000 0.20 31.5 0.19 1000 0.08 5600 0.18 40 0.27 1120 0.09 6300 0.16 50 0.13 1250 0.09 7100 0.08 63 0.13 1400 0.10 8000 0.02 80 0.07 1600 0.12 9000 -0.17 100 0.07 1800 0.11 10000 -0.22 125 0.08 2000 0.13 11200 -0.49 160 0.03 2240 0.13 12500 -0.11 200 0.04 2500 0.15 14000 -0.10 250 0.02 2800 0.16 16000 0.51 315 0.02 3150 0.18 18000 -0.22 400 0.02 3550 0.17 20000 -0.74 500 0.04 4000 0.18 Technician: Michael Wardlow Reference Equipment Used: . Manuf. Model Serial Cal.Date Due Date Approval: G`�m' �A--- GRAS 40AG 58093 2/28/2023 2/28/2024 ACCRED ED Calibration Lab CALIBRATION CERT 2649.01 Page I of 1 ((0 THE MODAL SHOP 10310 Aerohub Boulevard Cincinnati, OH 45215 AN AMPHENOL COMPANY -Certificate of Calibration- Ph: 513.351.9919 Fax: 513.458.2172 www.modalshop.com Manufacturer: PCB Customer: TMS Rental Model Number: 377B02 Address: Serial Number: 333454 Asset ID: 84914 Cal Date/Cal ID: Jan 18,2023 13:37:53 Description: Free-Field Microphone Due Date: Sensitivity: 251.29 Hz 1000 Hz Temperature: 74(23) °F(°C) -27.25 -27.27 dB re. 1V/Pa Humidity: 35 % 43.38 43.31 mV/Pa Ambient Pressure: 994 mbar Reference Sens: In Tolerance Freq.Response: In Tolerance Polarization Voltage: 0 VDC 5 0 1 ` 1 -5 - Frequency Response Characteristics:The upper curve is the free field characteristic -o - for the microphone with protection grid.The lower curve is the pressure response recorded by electrostatic actuator. -10 - Sensitivity:The stated sensitivity is the open-circuit sensitivity.When used with a - typical preamplifier the sensitivity will be 0.2 dB lower. , -15 1 . I 1 4 l l l I I I I i i Ili i 1 . i I 1 10 100 1000 10000 Frequency[Hz] Traceability: The calibration is traceable through NIST Project A2212. Notes: Calibration results relate only to the items calibrated. This certificate may not be reproduced,except in full,without written permission. This calibration is performed in compliance with ISO 9001,ISO 17025 and ANSI Z540. Measurement uncertainty(250 Hz sensitivity calibration)at 95%confidence level: 0.30 dB Calibrated per procedure PRD-P204. User Note: As Found/As Left:In Tolerance Frequency Response with reference to level at 251.29 Hz Frequency Upper Frequency Upper Frequency Upper Frequency Upper (Hz) (dB) (Hz) (dB) (Hz) (dB) (Hz) (dB) 20 0.08 630 0.04 4500 0.55 25 0.18 800 0.08 5000 0.64 31.5 0.08 1000 0.10 5600 0.67 40 0.06 1120 0.11 6300 0.72 50 0.02 1250 0.12 7100 0.73 63 0.04 1400 0.14 8000 0.70 80 0.04 1600 0.15 9000 0.64 100 0.03 1800 0.17 10000 0.36 125 0.05 2000 0.20 11200 0.11 160 0.03 2240 0.23 12500 0.43 200 0.02 2500 0.28 14000 0.50 250 0.02 2800 0.33 16000 1.22 315 0.02 3150 0.38 18000 0.92 400 0.02 3550 0.42 20000 0.54 500 0.04 4000 0.49 Technician: Michael Wardlow Reference Equipment Used: alk !'a Manu Model Serial Cal.Date Due Date r3 Approval: /f ;/d~�LG<. f GRAS 40AG 9542 6/16/2022 6/16/2023 •CORED Calibration Lab CALIBRATION CERT 2649.01 Page 1 of 1 Calibration Certificate Certificate Number 2023004875 Customer: The Modal Shop 10310 AeroHub Boulevard Cincinnati3OH 45215,United States Model Number 831 Procedure Number D0001.8378 Serial Number 0002270 Technician Jacob Cannon Test Results Pass Calibration Date 20 Apr 2023 Initial Condition AS RECEIVED same as shipped`, Calibration Due Temperature 23.55 °C t 0.25°C Description Larson Davis Model 831 Humidity 49.5 %RH t 2.0%RH Class 1 Sound Level Meter Static Pressure 86.74 kPa *0.13 kPa Firmware Revision:2.403 Evaluation Method Tested electrically using Larson Davis PRM831 S/N 077393 and a 12.0 pF capacitor to simulate microphone capacitance.Data reported in dB re 20 pPa assuming a microphone sensitivity of 50.0 mV/Pa. Compliance Standards Compliant to Manufacturer Specifications and the following standards when combined with Calibration Certificate from procedure D0001.8384: IEC 60651:2001 Type 1 ANSI S1.4-2014 Class 1 IEC 60804:2000 Type 1 • ANSI S1.4(R2006)Type 1 IEC 61252:2002 ANSI S1,25(R2007) IEC 61672:2013 Class 1 ANSI SI.43(R2007)Type 1 IEC 61260:2001 Class 1 ANSI S1.11 (R2009)Class 1 Issuing lab certifies that the instrument described above meets or exceeds all specifications as stated in the referenced procedure (unless otherwise noted). It has been calibrated using measurement standards.traceable to the International System of Units(SI) through the National Institute of Standards and Technology(MIST),or other national measurement Institutes,and meets the requirements of ISO/IEC 17025:2017.Test points marked with a t In the uncertainties column do not fall within this laboratory's scope of accreditation. The quality system is registered to ISO 9001:2015. This calibration is a direct comparison of the unit under lest to the listed reference standards and did not involve any sampling plans to complete. No allowance has been made for the instability of the test device due to use,time,etc. Such allowances would be made by the customer as needed. The uncertainties were computed in accordance with the ISO Guide to the Expression of Uncertainty in Measurement(GUM). A coverage factor of approximately 2 sigma(k=2)has been applied to the standard uncertainty to express the expanded uncertainty at approximately 95%confidence level. • This report may not be reproduced,except in full,unless permission for the publication of an approved abstract is obtained In writing from the organization issuing this report. ' Correction data from Larson Davis Model 831 Sound Level Meter Manual,1831.01 Rev S,2019-09-10 Calibration Check Frequency:1000 Hz;Reference Sound Pressure Level:114 dB re 20 pPa;Reference Range:0 dB gain LARSON DAVIS—A PCI3 DIVISION • 1681 West 820 North ��i � "LARSON DAVISProvo,t3T 84601,United States ?L r 716-684-0001 �. Accasb oeo A PCB DIVISION 2023-4-21T09:47:07 Page 1 of 10 D0001.8407 Rev a Certificate Number 2023004875 ...... ................................................:.......... .......... .. Sta . ar sect.::...:::.:, :: Description Cal Date Cal Due Cal Standard Hart Scientific 2626-S Humidity/Temperature Sensor 2023-02-20 2024-08-20 006946 SRS DS360 Ultra Low Distortion Generator 2023-03-31 2024-03-31 007174 • • 1 • 1 LARSON DAVIS—APCB DIVISION 4 J 1681 West 820 North is. "'"LARSON-DAVIS Provo,UT 84601,United States �� „ACCpeDiT 716-684-0001 � �•` (EGIfxT?A1 A PCB DIVISION 2023-4-21T09:47:07 Page 2 of 10 I)000I.8407 Rev G Certificate Number 2023004875 Z-weight Filter Response 1.0 6.0 0,8 ... .. {(( ..... . . .. 0.6 1_.. ... .. ............ I. .............................._._..... 4.9 0:4 ,.I .... .._._.... . I .i.4,:� i`� 2.9 Z m o.z �.� ,; E„ . .. 1 3 e 0.0 �.o ma ■ ■ y { ■ U ■ I _ 0.0a -0.z 0 4 � fib"` :1.. _� m w I y -..,00.-- II \ -1.0 .. .. I ' , I I -8,0 1 10 100 1000 10000 100000 Frequency [Hz] (. .0.Nominal a Deviation ....Lower Limit ry Upper Limit Electrical signal test of frequency weighting performed according to IEC 61672-3:2013 13 and ANSI S1.4-2014 Part 3:13 for compliance to IEC 6 672-1:2013 5.5•IEC 60651:2001 6.1 and 9.2.2•IEC 60804:2000 5•AN6I_$1.4:1983 .,.. .:. R2006 5_.. 1 and:8,2 .1;~A;NSI S1,4.-2014 Part 1:5 5 . , .,.. .. _ u nv ; - . etA su -.. i8 �I., >: r erIIm ]y U, rt i:(4$I = _11at , . 4yRu lf.: , s : :::. zi,t -A, ;;a . , ,. ::.:,:sei: i . igo...:,_:::: : : U ty 6.31 -0.41 -0.41 -0.63 0.12 0.15 Pass 63.10 -0.03 -0.03 -0.30 . 0.30 0.15 Pass ' 125.89 -0.03 -0.03 -0.30 0.30 0.15 Pass 251.19 -0.05 -0.05 • ' -0.30 0.30 0.15 Pass 501.19 -0.03 -0.03 -0.30 0.30 0.15 Pass 1,000.00 0.00 0.00 -0.30 0.30 0.15 Pass 1,995.26 -0.02 -0.02 -0.30 0.30 0.15 Pass 3,981.07 0.00 0.00 -0.30 0.30 0.15 Pass 7,943.28 0.04 0.04 -0.30 , 0.30 0.15 Pass T 15,848.93 -0.06 -0.06 -0.42 0.32 0.15 Pass 19,952.62 -0.35 -0.35 -0.71 0.41 0.15 Pass --End of measurement results- • • LARSON DAVIS-A PCB DIVISION 1681 West 820 North �� ,r °-"'LARSON DAVIS Provo,UT 84601,United States -- a ' L �"� 4acca0DITED A PCB DIVISION 716-684-0001 ".n j CEx1 e362:0i 2023-4-21T09:47:07 Page 3 of 10 D0001.8407 Rev G • Certificate Number 2023004875 • A-weighted 0 dB Gain Broadband Log Linearity: 8000.00 Hz 1.0 I 0.8 I .. I .. .... I' 0.2 I ■ OI 0 w ■ i a • ® n 0 0 0.0 I• • ( M � • • f3 !I i W -0.2 ... ............. ........... • 1 -0.4 . . .. ...................... ••I. . .............. ....... . I . .._.......... ....... -0.8 -.... . .......... . -:--�-. ... _ . �1...,. . . {.... -.... . --I -.. ' -1.0 10.0 30.0 50.0 70.0 90.0 110.0 130.0 150.0 Level Injected[dB] ►Pi Error -Lvaer Unit --•Upper Unit Broadband level linearity performed according to IEC 61672-3:2013 16 and ANSI S1.4-2014 Part 3:16 for compliance to IEC 61672-1:2013 5.6,IEC 60804:2000 6.2,IEC 61252:2002 S,ANSI S1.4(R2006)6.9;ANSI S1.4-2014 Part 1:5.6,ANSI S1.43(R2007 6.2 - Q w`���-' R��<=Ate`-���`����:.. t1 ::::::.... ::....:..�..�:.:. �L`:;:;:.w:.-::>. ..:I ��:-;.1:�����;�:.:.:.c..aun,aads�`�'��a�1'�►ex:�.tiai ::::;: ��erta�ify 26.00 0.38 -0.70 0.70 0.16 Pass 27.00 0.32 -0.70 0.70 0.16 Pass 28.00 0.31 -0.70 0.70 0.16 Pass I' 29.00 0.23 -0.70 0.70 0.16 Pass 30.00 0.23 -0.70 0.70 0.16 Pass 31.00 0.15 -0.70 0.70 0.16 Pass 32.00 0.06 -0.70 0.70 0.16 Pass 33.00 0.12 -0.70 0.70 0.16 Pass 34.00 0.07 -0.70 0.70 0.16 Pass 35.00 0.05 -0.70 0.70 0.16 Pass 36.00 0.02 -0.70 0.70 0.16 Pass 39.00 0.02 -0.70 0.70 0.16 Pass 44.00 0.01 -0.70 0.70 0.16 Pass 49.00 0.02 -0.70 0.70 0.16 Pass 54.00 0.02 -0.70 0.70 0.16 Pass 59.00 0.03 -0.70 0.70 0.16 Pass . 64.00 0.01 -0.70 0.70 0.16 Pass 69.00 0.02 -0.70 0.70 0.16 Pass 74.00 0.02 -0.70 0.70 0.16 Pass 79.00 0.02 -0.70 0,70 0.16 Pass 84.00 0.02 -0.70 0.70 0.16 Pass 89.00 0.02 -0.70 0.70 0.16 Pass 94.00 0.02 -0.70 0;70 0.16 Pass 99.00 0.02 -0.70 0.70 0.16 Pass 104.00 0.00 -0.70 0.70 0.15 Pass 109.00 0.00 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass • • 119.00 0,00 -0.70 0.70 0.15 Pass 124.00 0.00 -0.70 0.70 0.15 Pass 129.00 0.01 -0.70 0.70 0.15 Pass 134.00 0.00 -0.70 0.70 0.15 Pass 135.00 0.00 -0.70 0.70 0.15 Pass 136.00 0.00 -0.70 0.70 0.15 Pass 137.00 0.00 -0.70 0.70 0.15 Pass 138.00 0.00 -0.70 0.70 0.15 Pass 139.00 0.00 -0.70 0.70 0.15 Pass LARSON DAVIS-A PCB DIVISION }i„� 1681 West 820 Norio ;` ((' Provo,UT 84601,United States LARSON DAVIS ��., acc lEDITeo 716-684-0001 'tr,r CFRI 3622A1 A PCB DIVISION 2023.4-21T09:47:07 Page 4 of 10 D0001.8407 Rev G Certificate Number 2023004875 ........ .. .......:....... 140.00 -0.01 -0.70 0.70 0.15 Pass --End of measurement results-- • • • • • • • • • • LARSON DAVIS—A PCB DIVISION 1681 West 820 North :` V Provo,UT 84601;United States ' LARSON DAVIS paccaeniTeo 716-684.000I %- CER16J8?:AI A PODDIVISION 2023 -21 ro9:d7:07 Page 5 of 10 D000I.8407 Rev G Certificate Number 2023004875 A-weighted 20 dB Gain Broadband Log Linearity: 8,000.00 Hz 1.0 Oh ! ............ ................. .. ..... . I ... . ........ ..... .. ... _...._... ...........................i. :........._...._.._.....:..... ...... 0.4 • 0.6 I..... ... ............ . ..I m I.... I • I I. 0.0 �o,(LOA elArAet�b�, A al a r rl • . A yl ....... .......... -0.2 _. ........__......... ............ .I I . I. ... I.. it -toI 10.0 30.0 50.0 70.0 sae 110.0 130.0 Level Injected[dB] al Error -La r Lim't-Upper Unit Broadband level linearity performed according to IEC 61672-3:2013 18 and ANSI SI.4-2014 Part 3:16 for compliance to IEC 61672-1:2013' 5.6,IEC608042000.6,2,IEC612522002.8,.ANSI.51.4,,.(R2006)-6.9,ANS!S1:4-2014 Part 1:5.8 ANSI 1 21.00 0.22 -0.70 0.70 0.16 Pass 22.00 0.19. -0.70 0.70 0.16 Pass 23.00 0.16 -0.70 0.70 0.16 Pass 24.00 0.14 -0:70 0.70 0.16 Pass 25.00 0.12 -0.70 0.70 0.16 Pass 26.00 0.09 -0.70 0.70 0.16 Pass 27.00 0.07 -0.70 0.70 I 0.16 Pass 28.00 0.06 -0.70 0.70 • 0.16 Pass 1 29.00 '0.04 -0.70 0.70 0.16 Pass i 30.00 0.03 • -0.70 0.70 0.16 Pass 31.00 0.04 -0.70 0.70 0.16 Pass 32.00 0.03 -0.70 0.70 0.16 Pass • 33.00 0.05 -0.70 0.70 0.16 Pass 34.00 0.05 -0.70 0.70 0.16 Pass 35.00 0.04 -0.70 0.70 0.16 Pass 36.00 0.03 -0.70 0.70 0.16 Pass 37.00 0.01 -0.70 0.70 0.16 Pass 38.00 0.01 -0.70 0.70 0.16 Pass 39.00 0.01 -0.70. 0.70 0.16 Pass 44.00 0.02 -0.70 0.70 0.16 Pass 49.00 0.02 -0.70 0.70 0.16 Pass 54,00 0.02 -0.70 0.70 0.16 Pass 59.00 0.03 -0.70 0.70 0.16 Pass • 64.00 0.01 -0.70 0.70 0.16 Pass 69.00 0.02 -0.70 0.70 0.16 Pass 74.00 0.02 -0.70 0.70 0.16 Pass 79.00 0.01 -0.70 0.70 0.16 Pass 84.00 0.01 -0.70 0.70 0.16 Pass 89.00 0.02 -0.70 0.70 0.16 Pass 94.00 0.01 -0.70 0.70 0.16 Pass 99.00 0.02 -0.70 0.70 0.16 Pass 104.00 0.00 -0.70 0.70 0.15 Pass 109.00 0.00 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass 115.00 0.00 -0.70 0.70 0.15 Pass 116.00 -0.02 -0.70 0.70 0.15 Pass LARSON DAVIS-APCB DIVISION I681 West 820 North '% {{ ��LARSON Provo,UT 84601,United States DAVIS 716-684-0001 -x- (AeeABDITBD i„i,a `` CERT03422.01 A PCB DIVISION 2023.4-21T09:47:07 Page 6 of 10 bODOI_&107 Rev G • Certificate Number 2023004875 is : ': - - - -`say - r1. :.P:: .. rir =� B 117.00 0.00 -0.70 0.70 0.15 Pass 118.00 0.00 -0.70 0.70 0.15 Pass 119.00 0.00 -0.70 0.70 0.15 Pass 120.00 -0.01 -0.70 0.70 0.15 Pass --End of measurement results-- Peak Rise Time Peak rise time performed according to IEC 60651:2001 9.4.4 and ANSI S1.4:1983(R2006)8.4.4 t - 1 e= B Y d � 'yi - t7� : .,::�.-:...:::.��:.._:.:-:::,_:..-8..._...J.,..�.:..< - - -- �-.`;fix'aut1�a>:�==�: i_=°�=:-' :;:�':_ - :::t> 139.00 40 Negative Pulse . 135.97 '134.52 136.52 0.15 Pass Positive Pulse 135.99 134.52 136.52 0.15 Pass 30 Negative Pulse 134.90 134.52 136.52 0.15 Pass Positive Pulse 135.05 134.52 136.52 0,15 Pass --End of measurement results-- • Positive Pulse Crest Factor 200 its pulse tests at 2.0, 12.0, 22.0,32.0 dB below Overload Limit Crest Factor measured according to IEC 60651:2001 9.4.2 and ANSI 51,4:1983(R2006)8.4.2 t:!tip ll e d 'r .... :.:.... .....:::. : . 3 OVLD t 0.50 0.15$ Pass 5 OVLD ±1.00 0.15$ Pass 10 OVLD t 1.50 0.15$ Pass 128.00 3 -0.12 ±0.50 0.15$ Pass 5 -0.10 t 1.00 0.15$ Pass 10 OVLD ±1.50 0.15$ Pass 118.00 3 -0.12 ±0.50 0.16$ Pass 5 -0.11 t 1.00 0.15$ Pass 10 -0.16 t 1.50 0.15$ Pass 108.00 3 -0.14 t 0.50 0.18$ Pass 5 -0.12 ±1.00 0.15# Pass 10 0.01 ±1.50 0.15$ Pass --End of measurement results-- . • LARSON DAVIS-A PCB DIVISION 1681 West 820 North %, Provo,UT 84601,United States ...� ,,_ x LARSONDAVIS 716-684-0001 ':;�t`� LAGCPeutTE A PCB DIVISION f.�},.1a�� CERt Y3.67201 2023-4-21T09:47:07 Page 7 of 10 • D0001.8407 Rev G Certificate Number 2023004875 • Negative Pulse Crest Factor 200 ps pulse tests at 2.0, 12.0, 22.0, 32.0 dB below Overload Limit Crest Factor measured according to IEC 60651:2001 9.4.2 and ANSI 51.4:1983(1:12006)ti.4.2 ........... . t l�u : -_ _ - .:.:.:...:. a t. u P es [ ..� ...... ... ..:........... ....... . s..ti .. it,dli its.e4 = . . . ..... ......... .... ........ ....�...... .. ... �=�' evil' "l ; -�, gym. B :._ _. ... .:. .. ... ..... ..... .....: �.......:. )<::::.;>::-: -�` e� ne...r sill ... :.:::..:::..:.. OVLD ±0.50 0.15$ Pass 5 OVLD ±1.00 0.15$ Pass 10 OVLD ±1.50 0.15$ Pass 128.00 3 -0.12 ±0.50 0:15$ Pass 5 -0.12 ±1.00 0.15$ Pass 10 OVLD ±1.50 - 0.15$ Pass 118.00 3 -0.13 ±0.50 0.15$ Pass 5 -0.11 ±1.00 0.15$ Pass 10 -0.17 ±1.50 0.15$ Pass 108.00 3 -0.13 ±0,50 0.15$ Pass 5 -0.13 ±1.00 0.15$ Pass 10 0.01 ±1.50 0.15# Pass --End of measurement results-- Gain Gain measured according to IEC 61672-3:201317.3 and 17.4 and ANSI 51.4-2014 Part 3:17.3 and 17.4 :Mc surement =P . .�_,.-.:.,...., < `gsf`iCtcsul�jd$�:';� °=�otiVe'�lin�t �tiA ���J�"'�rl'ii'l�t�tlBy� - 0 dB Gain 94.03 93.91 94.11 0.15 Pass 0 dB Gain, Linearity 29.14 28.31 29.71 0.16 Pass 20 dB Gain 94.03 93.91 94.11 0.15 Pass 20 dB Gain,Linearity 24.11 23.31 24.71 0.16 Pass OBA Low Range 94.01 93.91 94.11 0.15 Pass OBA Normal Range 94.01 93.20 94.80 0.15 • Pass --End of measurement results-- I Broadband Noise Floor Self-generated noise measured according to!EC 61672-3:201311.2 and ANSI 51.4-2014 Part 3:11.2 tgeWke e„ " ,liAa r n - - A-weight Noise Floor 6.17 15.00 Pass C-weight Noise Floor 11.08 17.30 Pass Z-weight Noise Floor 20.24 24.50 Pass • -End of measurement results-- Total Harmonic Distortion . Measured using 1/3-Octave filters - es R X9 Zi .-...:-: ........>: � - _ =: _ . ... . , .. . , : : : :n. yC. .I . : ::,vtr; '1; `10 Hz Signal 137.58 137.20 138.80 0.15 Pass THD -74.29 -60.00 0.01 $ Pass THD+N -66.76 -60.00 0.01 $ Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION 1681 West 820 North -a-,' Provo,UT 84601,United States AeN a ►p LARSON DAVIS • 716•684-0001 ''.,, CERIM36?2.01 APCBDIVISION 2023.4.21T09:47:07 Page 8 of 10 D0001.8407 Rev G Certificate.Number 202300487E 113-Octave Self-Generated Noise . ...... ....... ...... . ............. . f-..... ... ..... re 1212 r. y iiiIMIllBas...-_-unilidall11111111 1.o 10.0 woo 100o.o loom 1mm000.0 Frequency Utz) ig Measured -.-Upper Limit The SLM Is set to low range and.20 dB gain. :: sry. :.;.: _. �..:.r.:.:...:....:.....::,._......,:.:.:....,:...,::.,.......;: es-�iesit 1�. 11th�t: i ���: =. .,�.<;�=c.::r�;>rr:�..:- ........:. 6.30 9.10 , 15.50. Pass 8.00 8.74 14.70 Pass 10.00 7.52 13.90 Pass 12.50 7.09 13.10 Pass 16.00 5.61 12.30 Pass 20.00 4.79 11.50 Pass 25.00 3.61 10.70 Pass 31.50 2.41 9.90 Pass 40.00 . . 1.97 9.10 Pass 50.00 1.03 8.10 Pass 63.00 0.06 7.10 Pass 80.00 -0.82 6.10 Pass j 100.00 -1.48 5.30 Pass 125.00 -2.59 4.70 Pass 160.00 -3.11 4.10 Pass 200.00 -4.04 3.60 Pass 250.00 -4.79 3.10 Pass 315.00 -5.55 2.70 Pass 400.00 -5.99 2.60 Pass 500.00 -6.61 2.60 Pass 630.00 -7.01 2.70 Pass 800.00 -7.28 2.80 Pass 1,000.00 -7.49 3.00 Pass 1,250,00 -7.60 3.20 Pass 1,600.00 -7.50 3.50 Pass 2,000.00 -7.17 3.80 Pass 2,500.00 -6.64 4.30 Pass 3,150.00 -5.86 4.90 Pass • 4,000.00 -5.03 5.70 Pass 5,000.00 -4.64 6.40 Pass 6,300.00 -4.79 7.40 Pass 8,000,00 -4.64 8.60 Pass 10,000.00 -4.18 9.80 Pass 12,500.00 -3.51 11.20 Pass 16,000.00 2.71 . . 12.60 Pass 20,000.00 -1.82 14.00 Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION ` : LARSON DAVIS 1681 West 820 North �.�/'• {t<<)) Provo,UT 84601;United States 1- . 716.684-0001 :,,/�`;` iruCnEor i ciatirssnrs A PCB DIVISION Page 9 of 10 D0001.8407 Rcv 0 zoz3-a-21zo9:a7:o7 g . Certificate Number 2023004875 1 --End of Report-- Signatory: ../4.4.4 Ce141414914. LARSON DAVIS—A PCB DIVISION 1681 West 820 North )) LARSON DAVIS Provo,UT 8460I,United States 114Acc3E67�p A PCB DIVISION 716-684.0001 '`'. �' c e 2023-4-21T09:47:07 Page 10 of 10 1)0001.8407 Rev G Ii (0 THE MODAL SHOP 10310 Aerohub Boulevard Cincinnati, OH 45215 AN AMPHENOL COMPANY Certificate of Calibration^ Ph: 513.351.9919 Fax: 513.458.2172172 www.modalshop.com Manufacturer: PCB Customer: TMS Rental Model Number: 377B02 Address: Serial Number: 338606 Asset ID: Cal Date/Cal ID: Mar 23,2023 14:55:14 Description: Free-Field Microphone Due Date: Sensitivity: 251.29 Hz 1000 Hz Temperature: 75(24) °F(°C) -26.46 -26.54 dB re. 1V/Pa Humidity: 44 % 47.51 47.11 mV/Pa Ambient Pressure: 990.6 mbar Reference Sens: In Tolerance Freq.Response: In Tolerance Polarization Voltage: 0 VDC 5 0 i f-- -5 - Frequency Response Characteristics:The upper curve is the free field characteristic o - for the microphone with protection grid.The lower curve is the pressure response _ recorded by electrostatic actuator. -10 - Sensitivity:The stated sensitivity is the open-circuit sensitivity.When used with a - typical preamplifier the sensitivity will be 0.2 dB lower. -15 i 1 i 1 i 11ii i i 1 1 i i iii k I , I I I 10 100 1000 10000 Frequency[Hz] Traceability: The calibration is traceable through NIST Project A3214. Notes: Calibration results relate only to the items calibrated. This certificate may not be reproduced,except in full,without written permission. This calibration is performed in compliance with ISO 9001,ISO 17025 and ANSI Z540. Measurement uncertainty(250 Hz sensitivity calibration)at 95%confidence level: 0.30 dB Calibrated per procedure PRD-P204. User Note: As Found/As Left: In Tolerance. Frequency Response with reference to level at 251.29 Hz Frequency Upper Frequency Upper Frequency Upper Frequency Upper (Hz) (dB) (Hz) (dB) (Hz) (dB) (Hz) (dB) 20.4 -0.39 630 0.01 4500 -0.11 25 0.09 800 0.04 5000 -0.11 31.5 -0.02 1000 0.04 5600 -0.11 40 0.03 1120 0.04 6300 -0.13 50 0.05 1250 0.04 7100 -0.16 63 0.07 1400 0.04 8000 -0.13 80 0.05 1600 0.02 9000 -0.18 100 0.03 1800 0.02 10000 -0.29 125 0.05 2000 0.02 11200 -0.32 160 0.03 2240 0.00 12500 -0.03 200 0.02 2500 0.00 14000 0.28 250 0.01 2800 -0.01 16000 0.66 315 0.01 3150 -0.03 18000 0.70 400 0.01 3550 -0.02 20000 0.57 500 0.03 4000 -0.07 Technician: Ed Devlin Reference Equipment Used: ' / . Manuf. Model Serial Cal.Date Due Date Approval:_ i'. GRAS 40AG 9542 2/28/2023 2/28/2024 ACCREDI D Calibration Lab CALIBRATION CERT 2649.01 Page 1 of 1 Calibration Certificate Certificate Number 2023005212 Customer: The Modal.Shop 10310 AeroHub Boulevard Cincinnati,OH 45215,United States Model Number 831 Procedure Number D0001.8378 Serial Number 0001194 Technician Jacob Cannon Test Results Pass Calibration Date 28 Apr 2023 Initial Condition Inoperable Calibration Due Temperature 23.64 °C ±0.25°C Description Larson Davis Model 831 Humidity 49.3 %RH ±2.0%RH Class 1 Sound Level Meter Static Pressure 86.79 kPa. ±0.13 kPa Firmware Revision:2.403 Evaluation Method Tested electrically using Larson Davis PRM831 S/N 036756 and a 12.0 pF capacitor to simulate microphone capacitance.Data reported in dB re 20 pPa assuming a microphone sensitivity of 50.0 mV/Pa. Compliance Standards Compliant to Manufacturer Specifications and the following standards when combined with Calibration Certificate from procedure D0001.8384: IEC 60651:2001 Type 1 ANSI S1.4-2014 Class 1 IEC 60804:2000 Type 1 ANSI S1.4(R2006)Type 1 IEC 61252:2002 ANSI S1.25(R2007) IEC 61672:2013 Class 1 ANSI S1.43(R2007)Type 1 IEC 61260:2001 Class 1 ANSI S1.11 (R2009)Class 1 Issuing lab certifies that the Instrument described above meets or exceeds all specifications as stated in the referenced procedure (unless otherwise noted). It has been calibrated using measurement standards traceable to the International System of Units(SI) through the National Institute of Standards and Technology(NIST),or other national measurement Institutes,and meets the requirements of ISO/iEC 17025:2017.Test points marked with a$In the uncertainties column do not fall within this laboratory's scope of accreditation. The quality system Is registered to ISO 9001:2015. This calibration Is a direct comparison of the unit under test to the listed reference standards and did not involve any sampling plans to complete. No allowance has been made for the instability of the test device due to use,time,etc. Such allowances would be made by the customer as needed. The uncertainties were computed in accordance with the ISO Guide to the Expression of Uncertainty in Measurement(GUM). A coverage factor of approximately 2 sigma(k=2)has been applied to the standard uncertainty to express the expanded uncertainty at approximately 95%confidence level. This report may not be reproduced,except in full,unless permission for the publication of an approved abstract is obtained in writing from the organization issuing this report: Correction data from Larson Davis Model 831 Sound Level Meter Manual,1831.01 Rev S,2019-09-10 Calibration Check Frequency:1000 Hz;Reference Sound Pressure Level:114 dB re 20 pPa;Reference Range:0 dB gain LARSON DAVIS—A PCB DIVISION 1681 Nest 820 North ' Provo,UT 84601,United States � LARSON DAVIS ACCREDITED f A 716-684-0001 �'h!�1iJ` CERI b367101 PCB DIVISION 2023-4-28T12:45:06 Page 1 of 10 D0001.8407 Rev 13 Certificate Number 2023005212 • .......�.......:....:.. ............:....:::.:..... _...:.......:.... tauaaxas use Description Cal Date Cal Due Cal Standard Hart Scientific 2626-S Humidity/Temperature Sensor 2023-02-20 2024.08-20 006946 SRS DS360 Ultra Low Distortion Generator 2023-03-31 2024.03-31 007174 • • • • • • LARSON DAVIS—A PCB DIVISION 1681 West 820 North (j'� Provo,UT 84601,United States • LARSONDAVIS 716-684-0001 ',,�^^�;, LACesEDOT n A PCB DIVISION fl1la CERT OM01 2023-4-28TI2:45:06 Page 2 of 10 D0001.8407 Rev a Certificate Number 2023005212 Z-weight Filter Response to 6.0 0.8 1 1 ................................ ........ .I 0.6 I.. I... I.... .. .................................. ..........................._..:........ . 4.0 0.4 I.... I.. ..... . . ...... . I ... ... I. I ...4-- 20 Z A 0.0 1 ..1. I, .1 t I ■ • II0.0 7 -0A • : �� a. -2.0 vI. _.. . .. ,ram,,,,... .............. ... ..... ■ A -0.8 � .. I ... I... . .........._............................... -0.8 ........ .... .. .. .� .. i .. .... ....... .. ... �.0 Q 1,0 -6.0 1 10 100 1000 10000 100000 Frequency[Hz] Nominal I Deviation .Lower Limit ,-Upper Limit Electrical signal test of frequency weighting performed according to IEC 61672-3:2013 13 and ANSI 51.4-2014 Part 3:13 for compliance to IEC 167 -1:2013.5.5;•IEC.60651;2U01 6.i and9,2.2;IEC 60804'2000 5.ANSI S1.4:.1983,R2006)5.1 and 8.2.1 ANSI S1.4-2014 Part 1:5.5 U c esul ? ,.._.. a �.:.. .:. Y mil. [ l =•>: $r1a k= .,,....>:,,U>icerta�iiity 6.31 -0.39 -0.39 -0.63 0.12 0.15 Pass 63.10 -0.03 -0.03 -0.30 0.30 0.15 Pass 125.89 -0.03 -0.03 -0.30 0.30 0.15 Pass 251.19 -0.04 -0.04 -0.30 0.30 0.15 Pass 501.19 -0.03 -0.03 -0.30 0.30 0.15 Pass 1,000.00 0.00 0.00 -0.30 0.30 0.15 Pass 1,995.26 -0.02 -0.02 -0.30 0.30 0.15 Pass 3,981.07 0.00 0.00 -0.30 0.30 0.15 Pass 7,943.28 0.05 0.05 -0.30 0.30 0.15 Pass 15,848,93 -0.01 -0.01 -0.42 0.32 0.15 Pass 19,952.62 -0.27 -0.27 -0.71 0.41 0.15 Pass --End of measurement results-. LARSON DAVIS-A PCB DIVISION i'- LARSON DAVIS (('k})Provo,UT84GO ,United States , :' r\�� ACCREDIfit 716-684-0001 "%.`11'' CERT®3622.01 A PCB DIVISION 1 2023-4-28TI2:45:06 Page 3 of 10 D0001.8407 Rev a i Certificate Number 2023005212 • A-weighted.0 dB Gain Broadband Log Linearity: 8,000.00 Hz 1.0 0.8 ._...... I I 0.6 t,:..., H. . 1. OA Ilitalla 6 0.0 r ■ ■I cs ® tz E3 r El �I r d ® 0 I. �� -0.8 ... 10.0 30.0 54.0 70.0 90.0 110.0 130.0 150.0 Level Injected[dB] .® Error ------Le• r Unit-Upper Unit Broadband level linearity performed according to IEC 61672-3:2013 16 and ANSI S1.4-2014 Part 3:16 for compliance to IEC 61672-1:2013 5.6,IEC 60804:2000 6.2,IEC 61252:2002 8,ANSI S1.4(R2006)6.9,ANSI 51.4-2014 Part 1:5.6,ANSI S1.43(R2007)6.2 "::.....`.` .! .':-,-��=.__„`..:ram.:... .:. _ - - - - � - nd ���= 1? w E 26.00 0.24 -0.70 0.70 0.16 Pass 27.00 0.18 -0.70 0.70 0.16 Pass 28.00 0.12 ' -0.70 ' 0.70 0.16 Pass 29.00 0.15 -0.70 0.70 0.16 Pass 30.00 0.17 -0.70 0.70 0.16 Pass 31.00 0.06 -0.70 0,70 0.16 Pass 32.00 0.11 -0.70 0.70 0.16 Pass 33.00 0.09 -0.70 0.70 0.16 Pass 34.00 0.10 -0.70 0.70 0.16 Pass 35.00 0.10 -0.70 0.70 0.16 Pass 36.00 0.07 -0.70 0.70 0.16 Pass 39.00 0.05 -0.70 0.70 0.16 Pass 44.00 0.00 -0.70 0.70 0.16 Pass 49.00 .0.00 -0.70 ' 0.70 0.16 Pass 54.00 0.00 -0,70 0.70 0.16 Pass 59.00 0.01 -0.70 0.70 0.16 Pass 64.00 -0.01 -0.70 0.70 0.16 Pass 69.00 0.00 -0.70 0.70 0.16 Pass 74.00 0.00 -0.70 0.70 0.16 Pass 79.00 -0.01 -0.70 0.70 0.16 Pass 84.00 -0:01 -0.70 0.70 0.16 Pass 89.00 0.00 -0.70 0.70 0.16 Pass 94.00 0.00 . -0.70 . 0.70 0.16 Pass 99.00 0.02 -0.70 0.70 0.16 Pass 104.00' 0.00 -0.70 ' 0.70 0.15 Pass 109.00 0.01 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass 119.00 0.00 , ' -0.70 0.70 0.15 Pass 124.00 '0.00 -0.70 0.70 0.15 Pass 129.00 0.01 , -0.70 0.70 0.15 Pass 134.00 0.00 -0.70 0.70 0.15 Pass 135.00 0.00 -0.70 0.70 0.15 Pass 136.00 0.00 ,-0.70 0,70 0.15 Pass 137.00 0.00 ' -0.70 ' 0,70 0.15 Pass 138.00 0.00 -0.70 0.70 0.15 Pass 139.00 0.00 , -0.70 , 0.70 0.15 Pass LARSON DAVIS-A PCB DIVISION 1681 West 820 North ��_,L____• Provo,UT 84601,United States . '�L CARBON DAVIS 716-684.0001 ':;, ACCREDITED A PCB DIVISION CEO 1362i 01 2023-4-28T12:45:06 Page 4 of 10 D000t,8407 Rev 0 Certificate Number 2023005212 • • ...........:::::.:. 140.00 -0.02 -0.70 0.70 0.15 Pass --End of measurement results-- • • LARSON DAVIS—A PCB DIVISION 1681 Nest 820 North = • Provo,UT 84601,United States � LARSON DAVIS �.• 716-684-0001 ,��\:' !ACCREDIT D A PCB DIVISION cEa�raenm 2023.4-28112:45:06 Page 5 of 10 D0001.8407 Rev G Certificate Number 2023005212 A-weighted 20 dB Gain Broadband Log Linearity: 8,000.00 Hz 1 0.8 . ............................I... .. .. .. .. I ..... .1. i... ......... .. ..... . . . . . . . ... ........ -......1 "------ -- Si �. .0.4 .............. .: ...:..:...! ... .. . ...... 0.2 ... I : . .. . 0,0 m■e�E■,4.1 - . i -- tI ow- •• •■ . ambit III i © e e , GGt -0.2 . . ..... ..... .. . .._.•.�. w ..-04 . . . .. . ... . . .• . . : • • • . . ... ......._,..... • -1.o I I 10.0 30.0 60.0 ' 70.0 90.0 110.0 130.0 •' Level Injected[dB] e Error. -Lover Unit-_Upper Unit Broadband level linearity performed according to IEC 61672-3:2013 16 and ANSI 51.4-2014 Part 3:16 for compliance to IEC 61672-1:2013 5,6,IEC_69p4.:p00.6.2,,I.EC_61252 2002.8;At�1,S1,S1.4..E12006 6.9,ANSI 51.472014 Part 1:5.6 ANSI.S1.43 R2007 6.2 7,4 -- _ - _-- - _ -= -_ -- _ - - - _- - _ - -_ - - �=fir; - `su.e:. - --- -- - _ d sL d - - -..::::.::......� . :...[_�:�.,:., : -..�...... :--:<_:'>." ::fir o : :moo`''erlin�ii�'" - - ....:.. .. . .......... 21.00 0.25 -0.70 0.70 0.16 ,.:::.. Pass µ 22.00 0.15 • -0.70 0.70 0.16 Pass 23.00 0.15 -0.70 0.70 0.16 Pass 24.00 0.12 -0.70 0.70 0.16 Pass 25.00 0.11 -0.70 0.70 0.16 Pass 26.00 0.08 -0.70 0.70 0.16 Pass 27.00 0.06 -0.70 0.70 0.16 Pass 28.00 0.04 -0.70 0.70 0.16 Pass j 29.00 0.02 -0.70 0.70 0.16 Pass 30.00 0.02 -0.70 0.70 0.16 Pass 31.00 0.01 -0.70 0.70 0.16 Pass 32.00 0.01 -0.70 0.70 0.16 Pass 33.00 0.04 -0.70 0.70 0.16 Pass 34.00 0.03 -0.70 0.70 0.16 Pass 35.00 0.02 -0.70 0.70 0.16 Pass • 36.00 0.00 -0.70 0.70 0.16 Pass 37.00 -0.01 -0.70 0.70 0.16 Pass 38.00 -0.01 -0.70 0.70 0.16 Pass 39.00 -0.01 -0.70 0.70 0.16 Pass • 44.00 -0.01 -0.70 0.70 0.16 Pass 49.00 0.00 -0.70 0.70 0.16 Pass • 54.00 0.00 -0.70 0.70 0.16 Pass 59.00 0.01 -0.70. 0.70 0.16 Pass 64.00 -0.01 -0.70 0.70 0.16 Pass • 69.00 0.00 ' -0.70 0.70 0.16 Pass 74.00 0.00 -0.70 0.70 0.16 Pass 79.00 0.01 -0.70 0.70 0.16 Pass 84.00 0.01 -0.70 0.70 0.16 Pass 89.00 0.02 -0.70 0.70 0.16 Pass 94.00 0.02 -0.70 0.70 0.16 Pass 99.00 0.02 -0.70 0.70 0.16 Pass 104.00 0.00 -0.70 0.70 0.15 Pass 109.00 0.00 -0.70 0.70 0.15 Pass 114.00 0.00 -0.70 0.70 0.15 Pass 115.00 0.00 -0.70 0.70 0.15 Pass 116.00 -0.02 -0.70 0.70 0.15 Pass LARSON DAVIS-A PCB DIVISION • \ ,��,, Provo, West,UT846 Uh • *At {` ''LARSON DAVIS ' Provo,UT 84601,United States ^ems neeo., 716-684-0001 ',4,,rj^,„�'� CERT i3622.01 1 A PCB DIVISION 2023-4-28T12:45:06 Page 6 of 10 D000I.8407 Rev 0 Certificate Number 2023005212 • :.... a ... ........_ ...._.:.._._._.�.......... ...... .... .. ;....: ox B w::.::..... -...,.- .JB ... ...... .. �. _er:,tlmlt dB :� �..,er.y .:.....::::.:. . _ ... . _ . . .. ... :... ..t._..:1 ... .. .n. .trait �afr��';�-�; _ �::= .....E::::::.... .. :::...:.. .......... ....... .....,..... .. ag._..lath - - - 117.00 0.00 -0.70 0.70 0.15 Pass 118.00 0.00 -0.70 0.70 0.15 Pass 119.00 0.00 -0.70 . 0.70 0.15 Pass 120.00 -0.01 -0.70 0.70 0.15 Pass --End of measurement results-- Peak Rise Time Peak rise time performed according to IEC 60651:2001 9.4.4 and ANSI S1.4:1983(R2006)8.4.4 agE`Il e- oti= - �'utw� ^V~�; �`�U -It - ,11^`'i� "�'r :�:�' l; �<: '�t�'t1��� perlir�t�d 139.00 40 Negative Pulse 135.99 134.51 136.51 0.15 ... .... Pass...., Positive Pulse 135.99 134.51 136.51 0.15 Pass 30 Negative Pulse 135.06 134.51 136.51 0.15 Pass Positive Pulse 135.06 134.51 136.51 0.15 Pass --End of measurement results- Positive Pulse Crest Factor • 200 ps pulse tests at 2.0, 12.0, 22.0,32.0 dB below Overload Limit Crest Factor measured according to IEC 60851:2001 9.4.2 and ANSI SI A:1983(R2006)8.4.2 d m lttu�r B -°.C` ... ...... ireStItactar.;�: .......... sill 138.00 3 OVLD *0.50 0.15$ Pass 5 OVLD . ±1.00 0.151 Pass 10 OVLD ±1.50 0.15$ Pass 128.00 3 -0.12 ±0.50 0.15$ Pass 5 -0.12 ±1.00 0.15$ Pass 10 OVLD ±1.50 0.15$ Pass 118.00 3 -0.13 ±0.50 0.16$ Pass 5 -0.11 ±1.00 0.15$ Pass 10 -0.08 ±1.50 0.15$ Pass 108.00 3 -0.14 ±0.50 0.18$ Pass 5 -0:13 - ±1.00 0.15$. Pass i 10 0.01 *1.50 0.15$ Pass --End of measurement results-- , LARSON DAVIS-A PCB DIVISION 1681 Nest 820 North ��=: � � ����''�.ARSOf� DAVIS Provo UT 84601 United States 716-684-0001 ':, ^��: EACCREDIrBD A PCB DIVISION p CERI��6?LD1 2023.4-28112:45;06 Page 7 of 10 D0001.8407 Rev G • Certificate Number 2023005212 • Negative Pulse Crest Factor 200•ps pulse tests at 2.0, 12.0, 22.0, 32.0 dB below Overload Limit Crest Factor measured according to IEC 60651:2001 9.4.2 and ANSI 61.4:1983(R2006)8.4.2 "lit"a air' o �� ��� _ ...... P_--'.._..��..]�w. ..:: .tk'.._ti.. r&..iit�s.,. li8. >L;lmits`dli '= as n��e�-�7ricer� - ; 138.00 3 OVLD • ±0.50 0.15$ Pass 5 OVLD ±1.00 0.15$ Pass 10 OVLD • ±1.50 0.15$ Pass 128.00 3 ' -0.13 ' ±0.50 0.15$ Pass 5 .• -0.12 ±1.00 0.15$ Pass 10 OVLD ± 1.50 ' 0.15 t Pass 118.00 3 -0.13 ±0.50 0.15$ Pass 5 • -0,13 ±1.00 0.15 t Pass 10 0.00. ±1.50 0.15 t Pass 108.00 3 -0,13 ±0.50 0.15 t Pass 5 -0:12 ±1.00 0.15$ Pass 10 -0.25 ±1,50 0.15$ Pass --End of measurement results-- Gain Gain measured according to IEC 61672-3:2013 17.3 and 17.4 and ANSI S1.4-2014 Part 3:17.3 and 17.4 n -� ... .: .:M..a tx me w:,_.:; .:......::. - - ....._�._ �.�.:.,..:«: >;:::.:.-.... :-. .. : -�` = <T�s3esul(' dB =1Lbwer-4 :� i � - - - :ice..:.._:._. . , :Uucert�in 0 dB Gain B� �'���:�: =' ��; - :'_ 94.00 93.91 94.11 0.15 Pass 0 dB Gain,Linearity 29.15 28.31 29.71 0.16 Pass 20 dB Gain 94.02 93.91 • 94.11 0.15 Pass 20 dB Gain, Linearity • 24.04 23.31 24.71 0.16 Pass OBA Low Range 94.01 93.91 94.11 0.15 Pass OBA Normal Range 94.01 93.20 94.80 0.15 Pass --End of measurement results-- ' Broadband Noise Floor Self-generated noise measured according to IEC 61672-3:2013 11.2 and ANSI 61.4-2014 Part 3:11.2 �Nt..,a 4 n .1� ''t dB - _..tl r A-weight Noise Floor 5.31 15.00 Pass C-weight Noise Floor 11.75 17.30 Pass Z-weight Noise Floor 22.45 24.50 Pass --End of measurement results-- Total Harmonic Distortion Measured using 1/3-Octave filters ' `Kr_''e` - .. `ail' - Rye 1e` �-y=� - r► _ e s l'�> d13` t - 11 - ,�Rc�^ 10.Hz Signal 137.53 137.20 ' 138.80 0.15 Pass THD -71.61 -60.00 0.01 t Pass THD+N -65.55 : -60.00 0.01 # Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION 1681 Nest 820 North • ;2` Provo,UT 84601,United States . ?L " }LARSON DAVIS �, '%,��11\:. fbccReDITED A PCB DIVISION 716-684-0001 �,,,, ).,a" MIN342301• 2023-4.28T12:45:06 Page 8 of 10 D0001.8407 Rev a Certificate Number 2023005212 1/3-Octave Self-Generated Noise 12 ....._............._.. ..... ........._........... ... .. I... ...... . i ._ ........_...._.._.........:....I.. i aeTi, > .. .. e/ -1 q mu 3 o s „ 1 I ca 1.0 10.0 100.0 1000a0 10000.0 100000.0 Frequency[Hz] I$Measured .•.-Upper Llrril The SLM Is set to low range and 20 dB gain. ......,........::'804 .:Y I11#t w y ~.< ea AV,09# ''=:'<v'"s<: `:;<; ` ^q::`. r=li E invi ;< w 5,: <;-= ::- ;-:;:'#a uii: "::: 6.30 10.77 15.50 Pass 8.00 9.59 14.70 Pass 10.00 8.60 13.90 Pass 12.50 7.46 13.10 Pass 16.00 7.13 12.30 Pass 20.00 5.07 11.50 Pass 25.00 4.84 10.70 Pass 31.50 3.84 9.90 Pass 40.00 2.98 9.10 Pass 50.00 1.82 8.10 Pass 63.00 0.90 7.10 Pass 80.00 -0.12 6.10 Pass 100.00 -1.02 5.30 Pass 125.00 -1.59 4.70 Pass 160.00 -2.54 4.10 Pass 200.00 -3.26 3.60 Pass 250.00 -4.09 3.10 Pass 315.00 -4.76 2.70 Pass 400.00 -5.32 2.60 Pass 500.00 -6.12 2.60 Pass 630.00 -6.64 2.70 Pass 800.00 -7.13 2.80 Pass 1,000.00 -7.53 3.00 Pass 1,250.00 -7.85 3.20 Pass 1,600.00 -7.95 3.50 Pass 2,000.00 -7.98 3.80 Pass 2,500.00 -7.91 4.30 Pass 3,150.00 -7.61 4.90 Pass 4,000.00 -7.25 5.70 Pass 5,000.00 -6.80 6.40 Pass 6,300.00 -6.22 7.40 Pass 8,000.00 -5.57 8.60 Pass 10,000.00 -4.79 9.80 Pass 12,500.00 -3.97 11.20 Pass 16,000.00 -3.06 12.60 Pass 20,000.00 -1.95 14.00 Pass --End of measurement results-- •. LARSON DAVIS-A PCB DIVISION 40,9 1681 Vest 820 North ' ({s)� Provo,UT 84601,United States LARSON DABS 716-684-0001 ',� tikcc OttEOJ A PC6 DIVISION �tt�`` eear.�enor 2023-448T12:45:06 Page 9 of 10 D000I.8407 Rev a I Certificate Number 2023005212 --End of Report-- } , Signatory: ./aeO/ L'e y1.#to1. LARSON DAVIS—A PCB DIVISION 1681 Nest 820 Northlkllg4 "LARSON O N DAM S Provo UT 84601,United States 716-684-0001 %, , pccaemTep A PCB DIVISION �'h+lut+�` CERI lJ613A1 2023-4-28T12:45:o6 Page 10 of 10 • D0001.8407 Rev a - Certificate of Calibration and Compliance N Model: 377B02 Manufacturer: PCB Serial : 344581 Description: 1/2"Free-Field Microphone Calibration Environmental Conditions l3nvironmentel test conditions as printed on microphone calibration chart. Reference Equipment Manufacturer Model# Serial II I Control# I Cal Dale I Due Date National Instruments PCIc-6331 01896r08 CA1918 10/19/2021 04/19/2023 Larson Davis PRM9IS 131 CA1205 03/31/2022 03/31/2023 • Larson Davis PRM90Z 4943 CAI 162 06/24/2022 06/23/2023 Larson Davis PRM916 129 CAI 084 06/23/2022 06/23/2023 Larson Davis CAL250 5025 CA 1277 05/10/2022 05/10/2023 Larson Davis 2201 144 CA 1409 04/25/2022 04/25/2023 Larson Davis GPRM902 5460 CA2IS1 05/20/2022 05/19/2023 Larson Davis PRM915 147 CA2179 08/15/2022 08/15/2023 • Larson Davis PRA951-4 024I CAI449 06/23/2022 • 06/23/2023 Bruel&Kjacr 4192 3259547 CA3214 02/03/2022 02/03/2023 Newport iTHX-SD/N 1080002 CA1511 02/07/2022 02/07/2023 PCB 68510-02 N/A CA2672 02/09/2022 02/09/2023 Frequency sweep performed with MK UA0033 electrostatic actuator. Condition of Unit As Found : It/a As Left: New Unit, In Tolerance Notes 1. Calibration of reference equipment is traceable to one or more of the following National Labs;NIST,PTB or DFM. 2. This certificate shall not be reproduced,except in fill,without written approval from PCB Piezotronics,Inc. 3. Calibration is performed in compliance with ISO 10012-1,ANSI/NCSL Z540.3 and ISO 17025. 4. Measurement results relate only to the items tested.Refer to Manufacturer's Specification Sheet for performance details. 5. Open Circuit Sensitivity is measured using the voltage insertion method following procedure AT603-5. • 6. Measurement uncertainty(95%confidence level with coverage factor of 2)for sensitivity is+/-0.20 dB. 7. Unit calibrated per ACS-20. 8. Product is compliant with specification if measured value is within or equal to the specification tolerance.Product is not compliant with specification if measured value falls outside of the specification tolerance. Technician: 1-connrd Lukasik � Date: 01/20/2023 stf P/EZO7Ta-i/Cc I 1 Opc-B jam/ �% ACCREOITEOt mo 'i���t`�' uuswiefaut 3425 WALDEN AVENUE -DEPEW,NY 14043 "I" TEL:888.684.0013 - FAX:716.685.3886•wrwv.pcb.com PACE I of2 " ID:CALI12.37570r3133.70Ar0 11111 IIIII IIIII 11111 11111 1111111111 IIIII Ifi{I Iill!111111111111I11111111I 1111111111111M 11111111111111111111111111111111111 Calibration Report N Model: 377B02 Manufacturer: PCB Serial: -344581 Description : 1/2"Free-Field Microphone Calibration Data Open Circuit Sensitivity at 251.2 Hz: 49.74 mV/Pa Polarization Voltage,External: 0 V -26.07 dB re I V/Pa Capacitance: 13.23 pF Temperature: 68°F(20°C) Ambient Pressure: 979 mbar Relative Humidity: 38% Frequency Response'(0 dB at 251.2 Hz) 5.0_ • www� 1 .'-' wr.wrrrr�ww. wrawrr ��ii wrr��s ar�� - ..i.e!li .l..Iiui!ii!--- 1 ..!!!! - ! IIIi 2.5 raw. wrwrr r.rwwrw��r� ���rwwrrwrrr m=...rr � 1 ■I1MMEIHNI OMMINI EKinii .1S.1.1111 !�)•11♦.S! 0,0 w�.rr�rrrmw. ..ww.rrnu......�__ -� ..-- --- rr MrErrrrrnisr■ ==aiirtsnn lii$'- iir. !!. -2.5-Eii ill!li� I11!!!!�1 l rlrr.rrrrra�rrarlawrlNrrli rr rriIr.rrr=rt .rrrrMMIMrl rl- y -5.° �E_5eli'- e111111111 'iii !■!!!1111!l11I�1ANI !! =warlrr_wlrr.rrwr.Marrrlarrrrww._wl wrr.rwrrr.UM awrfr.=rrr . -7.5 Solid line:Free-field response of microphone at 0°sound incidence with standard grid cap. • -Dash line:Pressure reponse as tested with electrostatic actuator. I0.0 ____r_i_t-T_t rift I I s I 10.0 100.0 1000.0 10000.0 100000.0 Frequency(Hz) Frequency Pressure Frcc-Field Frequency Pressure Free-Field Frequency Pressure Free-Field (liz) (dB) (dB) (Hz) (dB)' (dB) (Hz) (dB) (dB) 20.00 .0.02 .0.02 1584.90 .0.24 .0.03 6683.40 -2.98 -0.46 25.10 0.07 0.07 1678.80 -0.25 .0.02 7079.50 -3.22 .0.44 31.60 0.05 0.05 1778.30 -0.29 -0.04 7498.90 -3.54 .0.47 39.80 0.13 0.13 1883.60 -0.33. -0.05 7943.30 -3.83 -0.44 30.10 0.03 0.03 1995.30 -0.36 -0.05 8414.00 -4,22 -0.49 63.10 0.05 0.05 2113.50 -0,39 -0.05 8912.50 -4.57 -0.46 79.40 0.04 0.04 2238.70 -0.44 -0.07 9440.60 -5.01 .0.49 100.00 0.03 0.03 2371.40 4.50 -1109 10000.00 -5.58 _ -0.63 125.90 0.02 _ 0.02 2511.90 -0.55 _ -0.09 10592.50 -6.05 .0.65 158.50 0.02 0.02 2660.70 -0.60 -0.09 11220.20 -6.59 -0.73 199.50 0.01 0.01 2818,40 -0.67 -0.11 11885.60 -6.95 -0.63 251.20 0.00 0.00 2985.40 -0.75 -0.13 12589.30 -7.46 -0.69 316.20 -0.01 0.00 3162.30 -0.82 -0.14 13335.20 -7.56 -0,37 398.10 -0.02 -0.02 3349.70 -0.91 -0.17 _ 14125.40 -7.73 -0.14 501.20 -0.03 0.01 3548.10 _ -1.05 .0.23 14962A0 -7.88 0.09 0 631.00 -0.05 -0,01 3758.40 -1.16 .0.26 15848.90 .8.03 0.32 794.30 -0.07 0.02 3981.10 -1.27 ' -0.27 16788.00 -8.26 0.46 1000.00 -0.11 0.01 4217.00 -1.40 ' -0.29 17782.80 .8.62 0.49, 1059.30 .0.12 0.01 4466.80 -1.54 . -0.31 18836.50 -9.12 0.39 1122.00 -0.13 0.01 . , 4731.50 -1.70 -0.33 19952.60 -9.96 -0.03 1188.50 -0.15 0.00 5011.90 -1.87 -0.34 1258.90 -0.15 0.01 _ 5303.80 -2.07 -0.37 1333.50 -0.17 0.01 5623.40 -2.27 -0.39 1412.50 -0,20 -0.01 5956.60 -2.49 -0.42 1496.20 -0.21 -0.01 6309.60 -2.70 -0.41 Technician: Leonard Lukasik / Date: 01/20/2023 ' _ • PIEZO7RONICS'°° %, ..c ACCREUITea 3425 WALDEN AVENUE- DEPEW,NY 14043 4•L.I.a0V rA059A1D,9nATt;11IL01 TEL:888-684.0013 - FAX:716.685.388S- www.pcb.com PAGE 2 era , - TD.CAL112.37510r3133.708+0 IIIII II III IIIII Ill l 11111111111111111111 III OIII Ill 101111111 1111111111111111111111111111111111111111111111 OI11111111111 Calibration Certificate Certificate Number 2023011260 Customer: The Modal Shop 10310 AeroHub Boulevard Cincinnati,OH 45215,United States Model Number CAL200 Procedure Number D0001.8386 Serial Number 21607 Technician Scott Montgomery Test Results Pass Calibration Date 28 Aug 2023 Initial Condition As Manufactured Calibration Due Temperature 24 °C ±0.3°C Description Larson Davis CAL200 Acoustic Calibrator Humidity 37 %RH ±3%RH Static Pressure 101.1 kPa ±1 kPa Evaluation Method The data is aquired by the insert voltage calibration method using the reference microphone's open circuit sensitivity. Data reported in dB re 20 pPa. Compliance Standards Compliant to Manufacturer Specifications per D0001.8190 and the following standards: IEC 60942:2017 ANSI S1.40-2006 Issuing lab certifies that the instrument described above meets or exceeds all specifications as stated in the referenced procedure (unless otherwise noted). It has been calibrated using measurement standards traceable to the SI through the National Institute of Standards and Technology(NIST),or other national measurement institutes,and meets the requirements of ISO/IEC 17025:2017. Test points marked with a$in the uncertainties column do not fall within this laboratory's scope of accreditation. The quality system is registered to ISO 9001:2015. This calibration is a direct comparison of the unit under test to the listed reference standards and did not involve any sampling plans to complete. No allowance has been made for the instability of the lest device due to use,time,etc. Such allowances would be made by the customer as needed. The uncertainties were computed in accordance with the ISO Guide to the Expression of Uncertainty in Measurement(GUM). A coverage factor of approximately 2 sigma(k=2)has been applied to the standard uncertainty to express the expanded uncertainty at approximately 95%confidence level. This report may not be reproduced,except in full,unless permission for the publication of an approved abstract is obtained in writing from the organization issuing this report. Standards Used Description Cal Date Cal Due Cal Standard Agilent 34401A UMM 06/21/2023 06/21/2024 001021 Larson Davis Model 2900 Real Time Analyzer 03/31/2023 03/31/2024 001051 Microphone Calibration System 02/22/2023 02/22/2024 005446 1/2"Preamplifier 08/16/2023 08/16/2024 006506 Larson Davis 1/2"Preamplifier 7-pin I.EMO 08/04/2023 08/04/2024 006507 1/2 inch Microphone-RI-200V 10/05/2022 10/05/2023 006510 Pressure Sensor 11/02/2022 11/02/2023 007827 LARSON DAVIS—A PCB DIVISION I681 \Vest 820 North LARSON DAVIS Provo,UT 84601,United States IACC IDITID A PCB DIVISION 716-684-00(11 '•a,;^�m' (.eei.1nvm 8/28/2023 3:45:15PM Page I of 3 D0001.8410 Rev r• Certificate Number 2023011260 Output Level Nominal Level Pressure Test Result Lower limit Upper limit Expanded Uncertainty IdBI lkPal IdBI IdBI IdBI IdBI Result 94 101.1 94.02 93.80 94.20 0.15 Pass 114 100.9 114.01 113.80 114.20 0.14 Pass --End of measurement results-- Frequency Nominal Level Pressure Test Result Lower limit Upper limit Expanded Uncertainty [dB' IkPal 111z) IHz] IHzI IHzI Result 94 101.1 1,000.11 993.00 1,007.00 0.20 Pass 114 100.9 1,000.11 993.00 1,007.00 0.20 Pass --End of measurement results-- Total Harmonic Distortion + Noise (THD+N) Nominal Level Pressure Test Result Lower limit Upper limit Expanded Uncertainty I(IBI lkPal I%I rol I%l M] Result 94 101.1 0.38 0.00 2.00 0.25$ Pass 114 100.9 0.34 0.00 2.00 0.25$ Pass --End of measurement results-- Level Change Over Pressure Tested at: 114 dB,24°C,32%RH Nominal Pressure Pressure Test Result Lower limit Upper limit Expanded Uncertainty IkPa) lkPal IdBI IdBI [dB) IdBI Result 108.0 107.7 -0.03 -0.25 0.25 0.04$ Pass 101.3 101.2 0.00 -0.25 0.25 0.04$ Pass 92.0 91.9 0.03 -0.25 0.25 0.04$ Pass 83.0 82.9 0.03 -0.25 0.25 0.04$ Pass 74.0 74.0 -0.01 -0.25 0.25 0.04$ Pass 65.0 64.9 -0.09 -0.25 0.25 0.04$ Pass --End of measurement results-- Frequency Change Over Pressure Tested at:114 dB,24°C,32%RH Nominal Pressure Pressure Test Result f.ower limit Upper limit Expanded Uncertainty IkPa) IkPa) [Hz] [114 [Hz] [Hz] Result 108.0 107.7 0.00 -7,00 7.00 0.20$ Pass 101.3 101.2 0.00 -7.00 7.00 0.20$ Pass 92.0 91.9 0.00 -7.00 7.00 0.20$ Pass 83.0 82.9 0.00 -7.00 7.00 0.20$ Pass 74.0 74.0 -0.01 -7,00 7.00 0.20$ Pass 65.0 64.9 -0.01 -7.00 7.00 0.20$ Pass --End of measurement results-- LARSON DAVIS-A PCB DIVISION \„�„� 1681 West 820 North *ilk Z LARSON DAVIS Provo,UT 84601,United States 716-684-0001 `;,^3: !ACCREDITED A PCII DIVISION 4Ld crci..ro ni R/2812023 3:45:15rnt Page 2 of 3 1)0001.a410 Rev t' Certificate Number 2023011260 Total Harmonic Distortion + Noise (THD+N) Over Pressure Tested at: 114 dB,24°C,32%RH Nominal Pressure Pressure Test Result Lower limit Upper limit Expanded Uncertainty lkPa) lkPal MI 1%1 l%1 1%1 Result 108.0 107.7 0.32 0.00 2.00 0.25 4: Pass 101.3 101.2 0.32 0.00 2.00 0.25$ Pass 92.0 91.9 0.30 0.00 2.00 0.25 4: Pass 83.0 82.9 0.30 0.00 2.00 0.25$ Pass 74.0 74.0 0.29 0.00 2.00 0.25$ Pass 65.0 64.9 0,30 0.00 2.00 0.25 4: Pass --End of measurement results-- Signatory: Swift frfav pyx.ei-y LARSON DAVIS-A PCB DIVISION 1681 ,Vest 820 North am t`''' LARSON DAVIS Provo,UT 84601,United States � ACCIIIDITEDI A PC1I DIVISION 716-684-0001 ''•,, a' nn•Nno1 8/2R/2023 3:45:I5PM Page 3 of 3 D0001.8410 Rev P ((*)) Model CAL200 Relative SPL vs. Temperature Larson Davis Model CAL200 Serial Number: 21607 Model CAL200 Relative SPL vs. Temperature at 50% RH. A 2559 Mic (SN: 2893) with a PRM901 Preamp (SN: 0160), station 5 was used to check the levels. Test Date: 17 Jul 2023 2:30:52 PM 2.0 1.6 1.2 0.8 m 0.4 `n 0.0 ce -0.4 -0.8 -1.2 -1.6 -2.0 -15 -10 -5 0 5 10 15 20 25 30 35 40 45 50 55 Temperature (°C) 0.1dB expanded uncertainty at -95% confidence level (k=2) Sequence File: CAL200.SEQ Test Location: Larson Davis - A PCB Division 1681 West 820 North, Provo, Utah 84601 Tel: 716 684-0001 www.LarsonDavis.com Page 1 of 2 (Or)) 11 Model CAL200 Relative Frequency vs. Temperature Larson Davis Model CAL200 Serial Number: 21607 Model CAL200 Relative Frequency vs. Temperature at 50% RH. A 2559 Mic (SN: 2893) with a PRM901 Preamp (SN: 0160), station 5 was used to check the levels. Test Date: 17 Jul 2023 2:30:52 PM 12 10 8 6 4 N 2 LI- I I Cr 0 -2 cc -4 -6 -8 -10 -12 -15 -10 -5 0 5 10 15 20 25 30 35 40 45 50 55 Temperature (°C) 1.0 Hz expanded uncertainty at "95% confidence level (k=2) Sequence File: CAL200.SEQ Test Location: Larson Davis - A PCB Division 1681 West 820 North, Provo, Utah 84601 Tel: 716 684-0001 www.LarsonDavis.com Page 2 of 2 • • Appendix C — Airshow Schedule • • • • • • • • • • • • • • • • • • Noise Monitoring Technical Report C-I ESA/202300046.01 Pacific Airshow Huntington Beach December 2023 Air Boss: 126.4 Ken Ashmore: 714 783-6156 PACIFIC AIRSHOW 2023 Backup: 121.05 Wayne Boggs: 813 340-5623 Draft Performer Schedule-- ri 29 Sept Discrete:134.7 Ray Shaw: 619 886-6950 Kellie Hudson: 571 335-2515 Start End Duration Performer Airfield Airspace Description Chris Tibbetts:332 201-4039 9:30 - 10:15 0:45 Thunderbirds Diamond SLI 15k F-16 x 4 Practice 10:16 - 10:18 0:02 Matt Jolley Show Intro -- 10:18 - 10:20 0:02 Australian Anthem -- -- 10:20 - 10:22 0:02 Canadian Anthem -- -- Leap Frogs Flag Jump 10:22 - 10:30 0:08 USA Anthem SLI 10k Jump aircraft USN SH60 10:31 - 10:41 0:10 Sammy Mason SNA 5k Edge 540(N540SA) 10:42 - 10:56 0:14 Ace Maker T-33 Jet 2-Ship SNA 7k T-33 x2- Greg Colyer and Rob"Scratch"Mitchell N933GC&N133DV 20R 10:57 - 11:03 0:06 Trump B757 RBI 5K 11:04 - 11:14 0:10 Tom Larkin SNA 5k SubSonex Mini Jet 11:15 11:30 0:15 USN F/A-18 Super Hornet SLI 15k Demo 11:31 - 11:36 0:05 CA ANG C-130J NTD 5k Firefighting Demo High-speed Pass&Water Drop ZOOM BRIEFER PT MUGU Lyon Air Museum-Flybys SNA C-47"Willa Dean"-multiple 11:37 - 11:44 0:07 5k C-47 Skytrain 20R passes at airboss'discretion 11:45 - 12:35 0:50 Canadian Forces SLI 7k Snowbirds 12:36 - 12:43 0:07 BlackFly From 5k Beach 12:44 - 12:59 0:15 USN F-35C Demo SLI 15k F-35C x2"Raider"airborne-(1)demo,(1)sneak pass-depart together Northbound 13:00 13:10 0:10 Matt Hall& SNA 5k Reigning Red Bull Air Race Champ! Emma McDonald MX2&Extra 300L 13:11 - 13:19 0:08 FedEx B757 LAX 5k Flybys-expect 3 passes or Flybys-3 passes at air boss'discretion 13:20 - 13:30 0:10 US Army Helo Demo SLI 5k 3 UH6os and 2 UH72"Sokols" 2616th Aviation Batallion,Fort Irwin,CA 13:31 - 13:46 0:15 US Army Golden Knights SLI 10k From Army UH60 13:47 - 14:05 0:18 USN Growler Demo SLI 10k 14:06 - 14:14 0:08 Red Bull Helicopter SNA 5k Solo aerobatics in the MBB Bo-105 Aaron Fitzgerald 14:15 - 14:18 0:03 USAF KC-135 KRIV 5k ZOOM BRIEFER MARCH ARB Flyby boom-down 500' 14:19 - 14:37 0:18 USAF F-35A Demo SLI 15k 14:37 - 14:51 0:14 USAF Heritage Flight SLI 5k F-35A,F-22,P-51D 14:51 - 15:06 0:15 USAF F-22 Raptor Demo SLI 7k 15:07 - 15:19 0:12 Michael Goulian SNA 5k Extra 330SC 15:20 15:31 0:11 Jet Waco Z�R 5k N32KP Jarrod Lindemann 15:36 - 16:21 0:45 Thunderbirds SLI 15k 6x F-16 Air Boss: 126.4 Ken Ashmore: 714 783-6156 AWAlkPACIFIC AIRSHOW 2023 Backup: 121.0.5 Wayne Boggs: 813 340-5623 Draft Performer Schedule-Sat 30 Sec;, Discrete:134.7 Ray Shaw: 619 886-6950 vnrsiox 4 Kellie Hudson: 571 335-2515 Start End Duration Performer Airfield Airspace Description Chris Tibbetts:332 201-4039 10:04 - 10:08 0:04 Leap Frogs Streamer Drop SLI 5k Not in to the wetlands,please. OC Fire Authority FUL& Bell 412 x2*CH47 Chinook-ZOOM BRIEFER 10:09 - 10:13 0:04 5k FULLERTON-American Flag banner tow on Water Drop SLI outer edge of box 10:14 - 10:16 0:02 Matt Jolley Show Intro -- -- 10:16 - 10:18 0:02 Australian Anthem -- -- American Flag banner tow on outer edge of box 10:18 - 10:20 0:02 Canadian Anthem -- -- American Flag banner tow on outer edge of box 10:20 - 10:22 0:02 USA Anthem -- -- American Flag banner tow on outer edge of box 10:22 - 10:30 0:08 Leap Frogs SLI 10k SH60 Helo- 10:31 - 10:36 0:05 USAF F-15 SLI 10k F-15 flybys Bayou Militia 10:37 - 10:47 0:10 Sammy Mason SNA 5k N540SA Edge 540 10:48 - 11:02 0:14 Ace Maker T-33 Jet 2-Ship SNA 7k T-33 x2 N933GC&N133DV 20 R Greg Colyer and Rob"Scratch"Mitchell 11:03 - 11:13 0:10 Tom Larkin SNA 5k SubSonex Mini Jet 11:14 - 11:29 0:15 USN F/A-18 Super Hornet SLI 15k Demo 11:30 - 11:35 0:05 CA ANG C-130J NTD 5k Firefighting Demo High-Speed Pass&Water Drop ZOOM BRIEFER PT MUGU Lyon Air Museum-Flybys SNA C-47"Willa Dean"-multiple 11:36 - 11:43 0:07 5k C-47 Skytrain 20R passes at airboss'discretion 11:44 - 12:24 0:40 Canadian Forces SLI 7k Snowbirds 12:25 - 12:33 0:08 BlackFly From 5k Beach 12:34 - 12:49 0:15 USN F-35C Demo SLI 15k F35C x2"Raider"airborne-(t)demo,(1)sneak pass-depart together Northbound 12:50 - 13:02 0:12 Michael Goulian SNA 5k N821MG Extra 330SC 13:03 - 13:11 0:08 Fed Ex B757 LAX 5k Flybys-expect 3 passes or Flybys-3 passes at air boss'discretion 13:12 - 13:24 0:12 USN Growler Demo SLI 10k 13:25 - 13:33 0:08 Red Bull Helicopter SNA 5k Solo aerobatics in the MBB Bo-t05 Aaron Fitzgerald 13:34 - 13:39 0:05 USAF F-15 SLI 10k F-15 flybys Bayou Militia 13:40 - 13:45 0:05 USAF KC-135 KRIV 5k ZOOM BRIEFER MARCH ARB Flyby boom-down 500' 13:46 - 13:49 0:03 Tucker Hess Flyby SNA 5k 13:50 - 14:05 0:15 USAF F-35A Demo SLI 15k 14:06 - 14:16 0:10 USAF Heritage Flight SLI 5k F-35A,F-22,P-51D 14:17 - 14:32 0:15 USAF F-22 Raptor Demo SLI 7k 14:33 - 14:41 0:08 US Army Helo Demo SLI 5k 3 UH60s and 2 UH72"Sokol 2616th Aviation Batallion,Fort Irwin,CA 14:42 - 14:52 0:10 Matt Hall& SNA 5k Reigning Red Bull Air Race Champ! Emma McDonald MX2&Extra 300L 14:53 - 15:08 0:15 US Army Golden Knights SLI 10k From Army UH60 15:13 - 15:58 0:45 Thunderbirds SLI 15k 6x F-16 CHAPTER 5 Mitigation Monitoring and Reporting Program 5.1 CEQA Requirements Section 15091(d)and Section 15097 of the CEQA Guidelines require a public agency to adopt a program for monitoring or reporting on the changes it has required in the project or conditions of approval to substantially lessen significant environmental effects.This Mitigation,Monitoring and Reporting Program(MMRP)summarizes the mitigation commitments identified in the Pacific Airshow(Airshow or Project)EIR(State Clearinghouse No.2024020006).Mitigation measures are presented in the same order as they occur in the Draft EIR.Further,to ensure enforceability of the biological monitoring efforts,a Project Description feature voluntarily is included in the MMRP that requires biological monitoring before and,during the Airshow. Because there are no significant impacts associated with the temporary Airshow activities on biological species,biological monitoring is not required as a mitigation measure. The columns in the MMRP table provide the following information: • Mitigation Measure(s): The action(s)that will be taken to reduce the impact to a less-than- significant level. • Implementation,Monitoring,and Reporting Action: The appropriate steps to implement and document compliance with the mitigation measures. • Responsibility: The agency or private entity responsible for ensuring implementation of the mitigation measure.However,until the mitigation measures are completed,the City,as the CEQA Lead Agency,remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the MMRP(CEQA Guidelines, Section 15097(a)). • Monitoring Schedule: The general schedule for conducting each task.Because the proposed project does not include a construction phase,the general schedule is summarized as either "prior to operation"and/or"during operation". The Pacific Airshow Huntington Beach Prpject 5-1 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 5.Mitigation Monitoring and Reporting Program TABLE 5-1 MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PACIFIC AIRSHOW HUNTINGTON BEACH PROJECT Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule Hazards and Hazardous Materials HAZ-1: A qualified avian biologist will conduct one Wildlife Hazard Site Visit(WHSV) • Conduct one WHSV prior to the start of the annual Applicant Prior to the start of the prior to the start of the annual Airshow(beginning in 2024)following the protocol Airshow prior to the start of the annual Airshow. annual Airshow developed by the FAA in the Protocol for the Conduct and Review of Wildlife Hazard Site • Conduct field observations over one day at dawn,noon, Visits,Wildlife Hazard Assessments,and Wildlife Hazard Management Plans(Federal and dusk from a variety of pre-determined locations to Aviation Administration,Advisory Circular 150/5200-38,August 2018 to evaluate ensure complete visual coverage of the location of the potential risk of wildlife strikes at airports,specifically for the proposed temporary aircraft temporary runway and immediate surroundings prior to landing pad on the beach during all future Airshow events.The WHSV shall include field the start of the annual Airshow. observations conducted over one day at dawn,noon,and dusk from a variety of pre- determined locations to ensure complete visual coverage of the location of the temporary • Record all signs of birds,mammals,habitat attractants, runway and immediate surroundings.All signs of birds,mammals,habitat attractants, and wildlife/habitat relationship observations prior to the and wildlife/habitat relationship observations shall be recorded. start of the annual Airshow. A wildlife hazard site visit memorandum shall be prepared and include a list of wildlife • Prepare a wildlife hazard site visit memorandum species or signs observed during the surveys,federal and state status of the species following the annual Airshow. observed,habitat features that may encourage wildlife,natural and artificial wildlife attractants,strike data analysis,and recommendations to reduce wildlife hazards. Recommendations may include developing a long-term management strategy that includes wildlife hazard management and/or reduction in flights under 500 feet above ground level. HAZ-2: A qualified biological monitor will be on-site during event performances for the • Monitor and document bird activity during aircraft Applicant During the annual duration of the event(3-5 days)to document bird activity during aircraft flyovers and flyovers and take-off and landing within the Show Center Airshow take-off and landing within the Show Center Area.Biological monitoring will also inform Area during the annual Airshow. the recommendations to reduce wildlife hazards.Based on monitoring observations, recommendations may include following standard best management practices such as properly disposing of trash to avoid attracting wildlife to the Show Center Area and/or employing means of harassment(e.g.,lasers)to disperse birds. NOI-1:The applicant shall implement the following measures for the duration of the • Placement of the nearest speaker shall be placed at Applicant During the annual event: least 475 feet away from any nearby sensitive receptor Airshow • The nearest speaker shall be placed at least 475 feet away from any nearby sensitive and any subsequent speakers shall be separated from receptor and any subsequent speakers shall be separated from other speakers.by other speakers by 25 feet parallel to Pacific Coast 25 feet parallel to Pacific Coast Highway.Speakers shall also be positioned in a Highway.Speakers shall also be positioned in a manner manner that would not point directly towards any nearby sensitive receptor and, that would not point directly towards any nearby instead,face the beach/ocean. sensitive receptor and,instead,face the beach/ocean. • A temporary noise barrier of at least 10 feet in height and constructed of plywood or Placement of a temporary noise barrier shall be installed using a sound blanket shall be installed on public property nearest to the sensitive on public property nearest to the sensitive receptors to receptors to the west of the proposed music festival area(Huntington Pacific Beach the west of the proposed music festival area(Huntington House Condo complex at 701 Pacific Coast Highway).The temporary noise barriers Pacific Beach House Condo complex at 701 Pacific shall block the line-of-sight between the music festival attendees and similarly Coast Highway). elevated ground-level noise-sensitive receptors. The Pacific Airshow Huntington Beach Project 5-2 ESA/202300046.01 Final Environmental Impact Report August 2025 Chapter 5.Mitigation Monitoring and Reporting Program Mitigation Measures Implementation,Monitoring,and Reporting Action Responsibility Monitoring Schedule I Project Design Feature ' Project Design Feature 1:The following will occur to ensure that potential impacts to • Pre-airshow activities would occur at least one week Applicant Prior to the start of the nesting birds remain less than significant: beyond the end of the identified nesting season for the annual Airshow and • Pre-airshow activities would occur at least one week beyond the end of the identified California least tern and the western snowy plover and during the annual nesting season for the California least tern and the western snowy plover and well well beyond the end of the identified nesting season for Airshow beyond the end of the identified nesting season for the light-footed Ridgway's rail and the light-footed Ridgway's rail and general avian species. general avian species. • Monitoring efforts to be conducted prior and during the - • Monitoring efforts will be conducted before and during the Airshow to survey for nests annual Airshow to survey for nests and provide - and provide measures to avoid potential impacts. measures to avoid potential impacts. - _ • Daily briefings have and will continue to occur,although the outcome of those , • Daily briefings to occur prior to the start of the annual - briefings cannot beguaranteed. - I Airshow. - The Pacific Airshow Huntington Beach Project 5-3 ESA/202300046.01 Final Environmental Impact Report August 2025 • Chapter 5.Mitigation Monitoring and Reporting Program • • • This page intentionally left blank • The Pacific Airshow Huntington Beach Project 5-4 ESA/202300046.01 Final Environmental Impact Report August 2025 ��'o ?�, CITY OF y; HUNTINGTON BEACH To: City Clerk CC: Travis Hopkins, City Manager From: Mike Vigliotta, City Attorney Date: September 30 2025 Subject: Typographical error corrected in the Airshow Agreement Between the City of Huntington Beach and Pacific Airshow, LLC The following typographical error was corrected in the Airshow Agreement Between the City of Huntington Beach and the Pacific Airshow, LLC 1. Page 5, Line 23 there was a period added between the word "Event" and "Subject". There was also two spaces added after the word "Event". Office: (714)536—5555 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov AIRSHOW EVENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC AIRSHOW, LLC THIS AIRSHOW EVENT AGREEMENT("Agreement")is made and entered into this 30th day of September , 2025 ("Effective Date"), by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation and Charter City ("City"), and PACIFIC AIRSHOW, LLC, a California limited liability company ("Pacific Airshow"). City and Pacific Airshow are sometimes hereinafter individually referred to as a "Party" and hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, since 2016, the Pacific Airshow has become a cornerstone event in Southern California, attracting visitors from the nation and the world to the City of Huntington Beach, and by attendance has become the largest airshow in the United States; and WHEREAS, the Pacific Airshow historically has consisted of a three-day weekend featuring acrobatic demonstrations and performances, a boat race around Catalina Island, on- sand entertainment, music, and much more; and WHEREAS, the Pacific Airshow has become one of the City's biggest events of the year, generating approximately over $120,000,000 over the three event days in total economic benefit to the City according to a study conducted by Visit Huntington Beach in 2022 (specifically, $70,000,000, direct spending in City businesses, and an additional $50,000,000 in indirect and induced spending); and WHEREAS, the City recognizes the value of hosting the Pacific Airshow for the enjoyment of its residents and the global community,the economic benefits brought to the City, the advancement of education and interest in aviation and aviation careers, and the showcasing of the natural beauty, resources, enterprises, attractions, climate and facilities of the City of Huntington Beach; and WHEREAS, City and Pacific Airshow desire to continue to bring the Pacific Airshow to the residents of Huntington Beach and the global community on an annual basis consistent with the terms and conditions provided for herein; and WHEREAS, in very general terms, in October of 2021, a portion of the Huntington Beach Airshow was canceled due to an oil spill. The City of Huntington Beach was then sued by Pacific Airshow, over the cancellation. WHEREAS, the City and Pacific Airshow negotiated a settlement of the lawsuit. The Settlement Agreement in part, states that ". . .the City shall provide" [certain] benefits to Pacific Airshow(inclusive of any embedded multi-day musical festival) in 2024 and thereafter. The Settlement Agreement goes on to say "if PA desires to conduct future Air Show Event(s) (after 2023), that Pacific Airshow and CITY will enter into a separate Air Show Event Agreement, after the aforementioned environmental review pursuant to CEQA is complete. That Air Show Event Agreement for future Air Show Events will be based on, and supported Page 1 of 18 by,the completed aforementioned CEQA environmental review, and consistent with the terms of this Agreement. The future Air Show Event Agreement will expressly provide the benefits conferred to PA by the CITY under this Agreement, including Sections 2.b.i. through 2.b.viii." WHEREAS, as set forth herein, through a negotiation process Pacific Airshow agreed to relinquish some of the benefits guaranteed by Section 2 of the Settlement Agreement. • WHEREAS, in consideration of Pacific Airshow selecting the City of Huntington Beach as the site for the Pacific Airshow, City and Pacific Airshow desire, pursuant to Section 2 of the Settlement Agreement and General Release dated May 9, 2023 ("Settlement Agreement"), which will be amended in part pursuant to this Agreement, to enter into this Airshow Event Agreement. WHEREAS, in the event the Settlement Agreement or any portion thereof is determined by a court to be void, unlawful, or unenforceable, (1) the Parties will in good faith renegotiate to amend the terms of this Agreement to be consistent with any court order including correcting any void, unlawful, or unenforceable portion(s); (2) the Parties agree that the dismissal with prejudice entered in favor of the City,per the Settlement Agreement,may be set aside,without objection from the City, upon pacific Airshow's request, if so determined by the court ; the City will not object to , and (3) the Parties agree that from October 21, 2022 until written notice is served on Pacific Airshow of any court order,which voids or renders unlawful or unenforceable any portions of the Settlement Agreement, shall not be counted in determining any applicable statute of limitations, statute of repose, laches, or other time-based defenses for Pacific Airshow to file a claim or complaint against the City; and WHEREAS, in consideration of City granting Pacific Airshow certain limited and defined use of City property, facilities and resources for the Pacific Airshow, Pacific Airshow desires, subject to the terms of this Agreement, to amend Section 2 of Settlement Agreement and perform certain obligations as defined herein; and NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged,the Parties agree as follows: AGREEMENT 1. RECITALS. The foregoing recitals are true and correct, and the same are incorporated herein by this reference and made a part of this Agreement. 2. DEFINITIONS. Any terms not specifically defined herein shall have the meaning as set forth in the Huntington Beach Municipal Code (HBMC). 2.1 "Area"means all of the City property (e.g., real property, streets, parking spaces, public facilities) used by Pacific Airshow for the Event pursuant to this Agreement or a Specific Event Permit as referred to by Section 7 below. The Area may include any portions of the following locations in the City: Huntington City Beach, the Huntington Beach Pier, Main Page 2 of 18 Street, Pier Plaza, 6th Street Parking lot, and City Parking Spaces and the Area may vary from year-to-year, and will be specified in that year's particular Specific Event Permit. 2.2 "Branding" means the promotion of the Event by means of advertising and distinctive design, including but not limited to trademarks and copyrights associated with the Event. 2.3 "Business day" means a day on which City Hall is open for business. 2.4 "City Parking Spaces"refers to those public parking spaces located at the Pier Plaza and amphitheater parking(Sixth St.)lots,City beach parking lots(from Seventh Street to Beach Boulevard), Huntington Beach City Hall parking lots (if available), and Main St. parking garage, which are available for public use and not already encumbered or reserved by a law enforcement agency(to provide law enforcement for an Event),or a business or organization lease as of May 9, 2023 (such as the valet spaces reserved and leased by Duke's Restaurant located at 317 Pacific Coat Hwy, Huntington Beach, CA 92648). 2.5 "Event," or"Pacific Airshow," refers to an annual multiday showcase of military and civilian airshow performances in Huntington Beach occurring in the Fall. Additional activities that may take place as part of the Event include (but are not limited to) a boat-race around Catalina Island, on-sand entertainment, music and other entertainment. The Event may also include, at the option of Pacific Airshow, a multiday music festival. Any multiday music festival shall be during the dates of the Event and shall be subject to the same terms as the overall Event, including section 11 herein. Pacific Airshow will notify the City and obtain any additional permits at least ninety (90) days before the Event. The Event is typically held in the Fall of each year and is anticipated to be held for three days with additional days of practice activities as required by the civilian and military performers (exclusive of the multiday music festival). The Event is promoted, managed, owned and operated by Pacific Airshow, and hosted by City, pursuant to both the terms of this Agreement as well as an applicable Specific Event Permit. Pacific Airshow will apply for a Specific Event Permit each year prior to conducting an Event. 2.6 "Event Participant" means a person, business or organization that performs, provides services for (inclusive of Vendors), or is showcased in the Event, with the approval of the Pacific Airshow, including but not limited to aircraft pilots and their respective teams. 2.7 "Unified Command" may include, but is not necessarily limited to, Huntington Beach Police Department, Huntington Beach Fire Department, Huntington Beach Marine Safety, City Attorney, FBI, FAA, and Coast Guard. 2.8 "Vendor" means any Event participant, performer, service provider, exhibitor or any other persons, businesses and organizations, who are authorized by Pacific Airshow,to offer a product or service,for sale or for giveaway,to Event attendees,and/or engage in some form of promotion to Event attendees, at the Event. Page 3 of 18 3. PERMIT: 3.1 Grant. As contemplated in Section 2 of the Settlement Agreement, City grants a temporary permit to Pacific Airshow to use the Area, during the term provided for in Section 5, , for the Pacific Airshow to manage and operate the Event(s) pursuant to the terms of this Agreement and the annual Specific Event Permit. Pacific Airshow shall have the right to conduct at least one (1) Event per year, on dates selected by Pacific Airshow consistent with the terms of this Agreement and each year Specific Event Permit. Nothing herein shall be construed to require Pacific Airshow to conduct the Event in any year during the Term. The City will not contract with or permit another person or entity to promote or operate the Event(s), or any events of similar nature that include an airshow or aerial performance in the City. 3.2 Disclaimer of Tenancy. Pacific Airshow is not a tenant or lessee or licensee of City and holds no rights of tenancy or leasehold in relation to the Area. Pacific Airshow shall not be considered to have any possessory interest in the Area, in that the City will maintain control and management of the Area at all times pursuant to the Specific Events Permit, and Pacific Airshow's use of the Area will not exclude the general public. In consideration of City's grant of this use of the Area,Pacific Airshow specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Area other than the rights expressly granted by both this Agreement as well as an applicable Specific Events Permit. 3.3 Disclaimer of Liability. Pacific Airshow covenants, agrees and warrants that City is not liable for any loss, damages or injury to the person, or property of any person, whatsoever at any time, occasioned by or arising out of any act or omission of Pacific Airshow, or of anyone acting as the agent, employee, or representative of Pacific Airshow,pursuant to the uses, activities or occupancy provided for by both this Agreement as well as any related Specific Event Permit, except for any loss, damages, or injuries related to or arising out of the City's misconduct or gross negligence. 3.4 Disorderly Persons. City shall have the right to refuse entrance to an Event, or remove and eject from an Event, any person associated with an Event or present at an Event, whose conduct, in the reasonable judgment of the City, is disorderly, disruptive or in violation of any law. The indemnification provisions of this Agreement shall apply to any claim or cause of action arising from such refusal or ejectment. 4. TERM AND TERMINATION. As required by the Settlement Agreement, and as specifically modified in this paragraph,this Agreement shall continue in full force and effect for an initial 10-year term starting September 2025 until December 31, 2035, and Pacific Airshow shall have 3 options to renew for additional 5-year terms ("Term"). Exercise of the option to renew shall be provided to the City in writing. This option to renew may be exercised by Pacific Airshow, at Pacific Airshow's sole discretion, as early as anytime during the term. 5. Either party may terminate this Agreement if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days following written notice thereof, from the non-breaching party to each party and their counsel. Notwithstanding the foregoing, certain provisions of this Agreement will survive termination Page 4 of 18 or expiration of this Agreement where the context or express language of the provision so indicates. 6. AERIAL SAFETY. Safety shall be of primary importance for all Events. Anyone who flies in a manner and style not considered to demonstrate good airmanship and safety shall be barred from any further Event activities. Pacific Airshow warrants that Pacific Airshow has the duty to ensure that the safety and good airmanship of all Event performers will be observed at all times, and Pacific Airshow shall take any and all steps necessary, including prohibition of flying, in the event Pacific Airshow determines that good airmanship and safety are being threatened or compromised. In the absence of a Federal Aviation Administration monitor or Pacific Airshow supervision, and when City's Unified Command is of the opinion that the Pacific Airshow is unable to fulfill said requirements of good airmanship and safety, the City shall have the full authority, at no cost or expense to City, as well as at no liability of City to Pacific Airshow, to stop all Event connected activity until the unsafe or unsatisfactory condition is corrected. The City's Unified Command's decisions shall be in writing and must be unanimous. Prior to the Unified Command's issuance of a decision pursuant to this section, Pacific Airshow shall be notified and have the opportunity to participate in the determination by the Unified Command. Any stoppage or modification to any Event connected activity shall be coordinated with Pacific Airshow. Subject to this section 6, 7.4, and 9, no Event or Special Event Permit shall be revoked, modified, or cancelled by the City for any reason. 7. SPECIFIC EVENT PERMIT. 7.1 Requirement.A Specific Event Permit is required for each Event pursuant to Chapter 13.54 of the Huntington Beach Municipal Code. Pacific Airshow shall secure a new Specific Event Permit from the City as a requirement for conducting any Event. Subject to section 7.3,there shall be no liability or damages that may be claimed by Pacific Airshow against the City for Pacific Airshow's failure to secure a Specific Event Permit. 7.2 Application.Pacific Airshow shall submit to City for review and approval an application for a Specific Event Permit for each Event desired to be held by Pacific Airshow no less than 90 days and no more than two years before the date proposed for holding a specific Event, notwithstanding any contrary deadlines provided for by the HBMC. 7.3 Processing. The City will not unreasonably deny an application from Pacific Airshow for a Specific Event Permit for a particular Event consistent with the requirements and procedures provided for in Chapter 13.54. The City shall not deny an application from Pacific Airshow for a Specific Event Permit to circumvent this Agreement. 7.4 Suspension or Revocation. As required by the Settlement Agreement, a Specific Event Permit issued by City to Pacific Airshow for an Event may be suspended or revoked upon the written determination by the City's Unified Command of a justifiable health and/or safety issue, provided that Pacific Airshow is notified and consulted prior to any such determination, Pacific Airshow participates in the determination by the City's Unified Command, and any suspension or modification is coordinated with Pacific Airshow. Page 5 of 18 7.5 In the event of any inconsistency between this Agreement and an applicable Specific Events Permit, this Agreement shall govern; except by mutual agreement of the Parties. 8. EVENT IMPACT. 8.1 Area Restoration. Pacific Airshow, at its sole cost and expense, upon conclusion of an Event shall promptly and timely restore the Area to its condition as existed before the commencement of the Event and any Event activities. Such Area restoration duties of Pacific Airshow include but are not limited to immediate cleaning by the Pacific Airshow of the entire Area as well as immediate removal by Pacific Airshow of all trash and debris generated or caused by the Event and any Event activities. 8.2 Event Damages. Pacific Airshow is responsible for all costs and expenses to repair and/or replace any equipment,facilities or property damaged, including area restoration as provided for in Section 8.1 above, as a result of Pacific Airshow's use and occupation of the Area during the term of an Event. Pacific Airshow shall not be responsible for any expenses, damages, or repairs caused by any third party unless hired by Pacific Airshow. 8.3 Hazardous Substances. Pacific Airshow shall comply with all federal, state, and local laws and regulations relating to hazardous materials and waste, and shall timely comply with the orders of any governmental agencies relating thereto. Pacific Airshow shall at its own cost and expense remove all flammable and hazardous materials and waste as defined by state, federal, or local law immediately at the conclusion of an Event. Pacific Airshow shall make available for inspection to the City available records relating to the maintenance, release, mitigation, and cleanup of any hazardous substances on the premises of the Area arising from or caused by the uses provided for in this Agreement. 9. LICENSES AND OTHER PERMITS. Pacific Airshow shall obtain at its own expense and maintain for any Event throughout the term of the Agreement, in its name, all licenses,permits,approvals,releases and other consents,authorizations and filings("Licenses") required by any federal, state, local or applicable governmental or regulatory body (i.e. the California Coastal Commission, the California State Lands Commission, the California Department of Transportation and the Federal Aviation Administration) required for conducting each Event, and shall timely provide copies of all such valid Licenses to the City prior to the commencement of any Event. If Pacific Airshow is unable to obtain any one or more Licenses necessary to conduct the Event, and the Event must be cancelled or postponed, the City shall not liable for any damages, however so incurred, by Pacific Airshow by reason of failure to obtain License(s). 9.1 Other Agency Permits and Licenses. City may only issue a Specific Event Permit for areas within City jurisdiction; any permit, license or permission for use of land area or air space outside of City jurisdiction must be requested by Pacific Airshow with the relevant outside agency. Approved site maps pursuant to a Specific Event Permit will only constitute approval of the City's portion of the submitted plans. It is the responsibility of Pacific Airshow to timely acquire any permits, licenses or permissions from any other local, state, or federal agency with jurisdiction over any portion of an Event location.Pacific Airshow expressly agrees Page 6 of 18 that City bears no responsibility or liability for cancelation, event stoppages, closures, delays, changes, or any other condition caused by any other agency with jurisdiction over the Event or any portion of an Event location. 9.2 FAA Waiver or Authorization. Pacific Airshow shall provide written verification to City that a valid Certificate of Waiver or Authorization for all phases of the Event has been timely obtained and approved by the Federal Aviation Administration prior to any Event held in the City pursuant to the terms of this Agreement and an applicable Specific Events Permit. 9.3 Alcohol. Pacific Airshow shall timely provide copies to City of valid licenses from the Department of Alcoholic Beverage Control as mandated by law as a requirement for any use, that is regulated or controlled by such department, pursuant to this Agreement or an applicable Specific Event Permit. 9.4 Vendors. Pacific Airshow shall timely provide copies to City of valid business licenses for all Vendors participating in each Event as a requirement for participating in such Event. Pacific Airshow shall also timely provide copies of valid Orange County Environmental Health permits from the Orange County Health Care Agency for all Food Vendors as a requirement for such Food Vendors to participate in an Event. 10. CERTAIN PACIFIC AIRSHOW OBLIGATIONS. 10.1 Pacific Airshow shall comply throughout the term of the Agreement with all applicable federal, state and local laws and regulations, as well as all applicable rules and regulations established by the City or prior agreements between the City and third parties, both in effect as of the Effective Date and as both enacted and amended from time-to-time. 10.2 Event Participant Liability Waivers. Pacific Airshow shall ensure that each Event Participant executes a hold harmless liability waiver prior to the start of the Event, in a form to be drafted by the City, pursuant to which Event Participant assumes the risk of injury, damages, or death, and releases the City from all liability in connection with the Event. 10.3 Public Trust. Pacific Airshow expressly acknowledges that part of the Area for an Event premises may be subject to the Public Trust and must be made available to members of the public for recreation, waterborne commerce, navigation, fisheries, open space, and any other recognized Public Trust uses. Further, in no event shall public access be in any way prohibited or restricted beyond the City's jurisdiction including seaward of the mean high tide mark without permission and any required permits of other local, state or federal agencies with jurisdiction.Access to the Pier may not be otherwise impeded without proper approval. Use of the Pier may not be restricted except as set forth herein, within an applicable Specific Use Permit, and pursuant to applicable law. 10.4 Fire Protection and Aircraft Rescue Equipment. In the event aircraft rescue becomes necessary, the City shall continue to provide its public safety services, while Pacific Airshow shall be responsible for any aircraft salvage as are deemed necessary. Page 7 of 18 10.5 Evacuation and Safety Plan. Pacific Airshow shall in consultation with the Unified Command develop an Evacuation and Safety plan for the Event that addresses and mitigates any potential threats to public safety that may reasonably arise from the conduct of an Event, that shall be approved by the Unified Command no later than 10 days prior to the commencement of any Event. 10.6 Limited License to Use Event Branding. Pacific Airshow hereby grants to City the limited, revocable, non-assignable, non-sublicensable, non-exclusive license to use and deploy, during the term, Branding for each Event, in all reasonable forms for advertising and marketing, but only to the extent related to promotion of an Event, and subject in each instance to Pacific Airshow's prior written approval, which will not be unreasonably withheld by Pacific Airshow. 10.7 Operations, Equipment and Personnel. Except as otherwise provided for by this Agreement or an applicable Specific Events Permits, Pacific Airshow shall provide for (or cause to be provided) all Event-related equipment, supplies, personnel (including volunteers),training of personnel(including volunteers),Event manuals/programs,Event set-up and tear down, and all other technical and operational aspects of the Event. City shall provide, at the City's costs, all waste, sanitary, and first aid facilities as are deemed necessary by the Orange County Health Care Agency. 10.8 Event Costs. Except as otherwise provided for by this Agreement or an applicable Specific Events Permits, Pacific Airshow shall be solely responsible for all expenses and costs necessary for the promotion, management and operation of an Event. 10.9 Local Suppliers. Pacific Airshow shall, to a reasonable extent possible and in compliance with applicable laws, use local suppliers for the promotion, management and operation of an Event. 10.10 Pacific Airshow shall provide City with the following: 10.10.1 space for City usage from which City may promote City, such as a booth at an Event location to be determined by Pacific Airshow at Pacific Airshow's sole discretion; and 10.10.2 signage (advertising only the City and paid for by the City) at certain locations throughout the Area to be determined at Pacific Airshow's sole discretion; and, 10.10.3 placement of City's logo on any Event-related material produced by Pacific Airshow at the sole discretion of the Pacific Airshow; and, 10.10.4 placement of City's logo and City's banner advertisements on all Event websites managed or controlled by Pacific Airshow at Pacific Airshow's sole discretion. City's brand guidelines shall be provided by City to Pacific Airshow. Page 8 of 18 11. CERTAIN CITY OBLIGATIONS As required by the Settlement Agreement: 11.1 Annual Event. As set forth herein, Pacific Airshow shall have the right to conduct at least one Event per year on dates selected by Pacific Airshow pursuant to the terms and conditions contained in this Agreement. City will work with Pacific Airshow to accommodate the requested dates. To mitigate any potential concerns with the Bolsa Chica Ecological Reserve, including any nesting seasons, the Event will not be conducted between March 15th and September 15th of each year. 11.2 Environmental Review. City at its sole cost and expense, has completed the environmental review process in compliance with the California Environmental Quality Act (CEQA) for the Event and all future events covered within the scope of the Environmental Impact Report(EIR). City will make available to Pacific Airshow the technical studies, reports and work product generated as part of the CEQA process. Once the EIR is certified and the challenge period is over, any future CEQA requirements necessitated by a substantive change in scope made by Pacific Airshow shall be at the sole cost and expense of Pacific Airshow. 11.3 Future Environmental Review and Compliance. The existing Environmental Impact Report analyzed the impacts of the Event for 10 years. Any additional environmental review or compliance, including monitoring or mitigation, necessary pursuant to CEQA within the scope of the existing Project/EIR, shall be paid by the City. If the scope of the Project analyzed pursuant to CEQA changes Pacific Airshow shall pay for all such costs associated with such changes. Any compliance, monitoring, or mitigation measures, imposed by any regulatory agency including without limitation,mitigation measures, imposed by the Coastal Commission/Coastal Development Permit shall be paid by Pacific Airshow. The City will indemnify, hold harmless, and defend Pacific Airshow from any claims, suits, damages, or costs (including attorney's fees)to third parties arising out of or in connection with CEQA compliance caused, or undertaken by City. City shall not be liable for any damages, however so incurred, by Pacific Airshow by reason of a lawsuit challenging the environmental review or any provisions of this Agreement. 11.4 Parking. Pursuant to Section 2 b. ii. of the Settlement Agreement as modified herein, City grants Pacific Airshow the exclusive use of and right to monetize the City Parking Spaces, at no cost to Pacific Airshow, during the dates of the Event(s). For clarification purposes,during the dates of an Event,the City Parking Spaces includes any City Parking Spaces Pacific Airshow elects to use or monetize. Pacific Airshow shall also have the exclusive use of up to 600 City Parking Spaces, at no cost to Pacific Airshow, for 14 days prior to dates of an Event for load-in, and 12 days following dates of an Event for load-out as required by Pacific Airshow's operational needs related to an Event (inclusive of any embedded multi-day musical festival). Pacific Airshow shall have discretion over where the operational parking is to be allocated and be granted the exclusive right to operate the Huntington Street entrance to the beach parking lots as required by their operational needs. Should Pacific Airshow require additional parking above and beyond this allocation,the price shall be set at$10 per City Parking Page 9 of 18 Space per day. During Pacific Airshow's use of City Parking Spaces pursuant to this Agreement, the City shall staff the parking lots with personnel and kiosk attendants at City's expense. 11.5 Beginning in 2030, the City will retain the rate of$10 per space for each parking space actually sold by Pacific Airshow, up to the total number of City Parking Spaces available for sale by Pacific Airshow for each Event year. The $10 per space retained by the City shall be automatically increased by the Consumer Price Index each year starting in 2031. 11.6 RV Camping. City grants Pacific Airshow the exclusive use of, control of, and right to monetize any RV Camping in/of the City Parking Spaces, where such RV Camping is allowed by law, at no cost to Pacific Airshow, during the dates of an Event. Additionally, Pacific Airshow shall have the exclusive use of up to 15 RV camping spaces for 14 days prior to the dates of an Event for load-in and 12 days following dates of an Event for load-out, as required by Pacific Airshow's operational needs. The City shall work with Pacific Airshow to ensure that public camping reservations do not interfere with Pacific Airshow's use and operational needs of the RV camping lot. During Pacific Airshow's use of RV Camping Spaces pursuant to this Agreement, the City shall staff the lots with personnel and kiosk attendants at City's expense. Beginning in 2030,the City will retain a rate of$100 per RV space for each RV parking space actually sold by Pacific Airshow. The $100 per space retained by the City shall be automatically increased by the Consumer Price Index each year starting in 2031. 11.7 Fees and Costs. 11.7.1 Pursuant to section 2 b. (iv) of the Settlement Agreement, City shall waive and not require Pacific Airshow to pay City fees and costs(including but not limited to, all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, pollution prevention fees, etc.) for Pacific Airshow for any such fees and costs incurred in connection with an Event. 11.7.2 City shall assist Pacific Airshow in mitigating all 3rd party fees related to public safety and permits (including OC Sheriffs Department fees, State Park fees, permit fees, etc.), and 3rd party public works, restroom, refuse/trash, and road closure fees, by providing as much of the services as possible from the City's resources and trade relationships to diminish the need for 3rd party services. 11.8 The City shall enact and adopt any necessary rules, policies, and procedures to effectuate the terms and spirit of this Agreement. 12. INSURANCE. 12.1 Insurance Coverages. Prior to Pacific Airshow commencement of any activities under this Agreement or pursuant to a related Specific Event Permit, and without limiting Pacific Airshow's indemnification obligation to City,Pacific Airshow shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the applicable Specific Event Permit, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to Page 10 of 18 transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,with an assigned policyholders' Rating of A-(or higher)and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover the City and all elected and appointed officers, employees and agents of City, as provided for herein. Not more frequently than once each calendar year, if in the opinion of the City the coverages or the limits of insurances described herein are not adequate, Pacific Airshow shall increase the limits and/or provide such additional coverages as required by the City. Pacific Airshow expressly agrees that City bears no responsibility or liability for cancelation,event stoppages,closures,delays,changes,or any other condition or event caused by Pacific Airshow's inability or delay obtaining the required insurance. 12.1.1 Commercial General Liability Insurance.A policy of commercial general liability insurance,with coverage at least as broad as Insurance Services Office("ISO") form CG 00 01,written on a per occurrence basis for bodily injury,personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $10,000,000 per occurrence for all covered losses and no less than $10,000,000 general aggregate. 12.1.2 Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Pacific Airshow against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Pacific Airshow in the course of carrying out the work or services contemplated in this Agreement or arising under this Agreement. 12.1.3 Aircraft Liability. A policy of comprehensive aircraft liability insurance written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall be obtained by the performers and shall include coverage for owned, non-owned, leased, hired aircraft and any aircraft 12.1.4 Subcontractors. In the event Pacific Airshow subcontracts any portion of the promotion, management or operation of an Event, Pacific Airshow shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Pacific Airshow shall furnish to City all documentation, required herein for Pacific Airshow, for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. 12.2 General Insurance Requirements. 12.2.1 Proof of Insurance, Enforcement and Notice.No activities under this Agreement shall commence until both Pacific Airshow has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right Page 11 of 18 to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time. Any failure to comply with the reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to Section 12.2.2 below), or does not comply with the requirements herein, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Pacific Airshow; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement and/or revoke the applicable Specific Event Permit, at the sole discretion of the City. Pacific Airshow shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Pacific Airshow's actions or inactions under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 12.2.2 Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10)calendar days prior written notice for nonpayment)to City. In the event any of said policies of insurance are amended or cancelled, Pacific Airshow shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. 12.2.3 Additional Insureds.All of the insurance policies herein provided for shall name City and its elected and appointed officers, employees and agents ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply to all additional insureds ensuring that Pacific Airshow's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions. 12.2.4 Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance, except for any claims arising out of City's breach of this Agreement, misconduct or negligence, in which case, City's policies of insurance shall be primary. The insurers for above policies, Pacific Airshow and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. For any claims arising out of Pacific Airshow's breach of this Agreement, misconduct or negligence, any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Pacific Airshow's insurance. If Pacific Airshow maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Pacific Airshow.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any Page 12 of 18 coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 12.2.5 Limitations, Self-Insured Retention and Deductibles. Pacific Airshow agrees that requirements herein shall not be construed as limiting in any way the extent to which Pacific Airshow may be held responsible for the payment of damages to any persons or property resulting from Pacific Airshow's activities or the activities of any person or persons for which Pacific Airshow is otherwise responsible nor shall it limit Pacific Airshow's indemnification liabilities as provided herein. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention. Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City and City Parties, or Pacific Airshow shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims. 13. INDEMNITY. 13.1 General Obligations. Pacific Airshow agrees, to the full extent permitted by law, to indemnify, protect, defend and hold harmless City (inclusive of City's subsidiaries, , and elected and appointed officers), its employees and agents (and each of their respective directors, officers, employees, contractors, volunteers, representatives, and agents) (each an "Indemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity directly arising out of, the work, operations or activities provided herein of Pacific Airshow, its officers, employees, agents, or subcontractors, or invitees, or any individual or entity for which Pacific Airshow is legally liable (each an"Indemnitor" and collectively, "Indemnitors"), or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement or of an applicable Specific Event Permit, and in connection therewith: 1) Pacific Airshow will defend any action or actions filed or threatened in connection with any such Claims or Liabilities. and, 2) Pacific Airshow will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities and will save and hold Indemnitee(s) harmless therefrom. Notwithstanding anything herein, Pacific Airshow shall have no duty to indemnify the Indemnitees if the Claims or Liabilities arise out of or in connection with (1) the negligence or misconduct of any third party or (2) any of the Indemnitees' breach of this Agreement, reckless or willful misconduct, or gross negligence. 13.2 Further Provisions. The indemnity obligation herein shall be binding on successors,assigns and heirs of Pacific Airshow and shall survive termination of this Agreement. Failure of City and/or City Parties (collectively "City" for solely this Section 13.2) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to Claims or Liabilities occurring as a result of Page 13 of 18 City's negligence or willful misconduct. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors, both arising from Event activities, as well as in the performance of this Agreement and the applicable Specific Event Permit. In the event of any dispute between Pacific Airshow and City,as to whether liability arises from the negligence or willful misconduct of City,each Party will be obligated to pay for its own defense until such time as a final judgment has been entered adjudicating each Party's fault. 14. ASSIGNMENT, TRANSFER. The benefits under this Agreement shall be granted to and inure to Pacific Airshow, and any affiliate, assignee, transferee, subsidiary or parent of Pacific Airshow,as designated by Pacific Airshow and approved by the City("Pacific Airshow's Designee"). Pacific Airshow shall have the right to assign or transfer the rights and interest under this Agreement to a party of Pacific Airshow's designation, i.e., Pacific Airshow's Designee, who must be approved by the City. Such approval by the City shall not be withheld, unless five or more of seven members of the City Council vote to withhold approval. In the event Pacific Airshow notifies City in writing with the name of Pacific Airshow's proposed designee, and the City does not respond to such designation in writing within 45 days of the notification, Pacific Airshow's proposed designee shall be deemed approved by the City. Notification to City by Pacific Airshow shall be in writing to the City Attorney, the City Manager, and each of the members of the City Council. 15. NOTICES. 15.1 Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or(iii) mailing in the United States Mail, certified mail,postage prepaid,return receipt requested, as follows: If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 If to Pacific Airshow: Pacific Airshow, LLC 5252 Bolsa Avenue Huntington Beach, CA 92649 15.2 Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 16. FORCE MAJEURE. In the event either Party is prevented from performing any of its obligations,under either this Agreement or an applicable Specific Event Permit,by reason Page 14 of 18 of any event outside of such Party's control, including,without limitation,fire,weather, unsafe conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism, or other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders, or regulations ("Force Majeure Event"), then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended. In the case of cancellation of an Event due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannot reasonably be rescheduled or relocated within the City, neither Party shall be deemed to be in breach of this Agreement solely because of such cancellation.Neither any such cancellation, rescheduling, or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. 17. RELATIONSHIP OF THE PARTIES. The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership,joint venture, or agency relationship between the Parties.Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker's compensation, and any other requirements for all personnel it supplies in connection with this Agreement. 18. GOVERNING LAW. Notwithstanding the place where this Agreement may be executed by either Party, this Agreement and any claim, controversy, dispute or other matter arising hereunder or related hereto (whether by contract, tort or otherwise) shall be governed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof that would result in the application of the laws of any other jurisdiction. In any litigation arising out of or relating to this Agreement, the Parties agree that venue shall be solely in either the United States District Court, Central District of California, or a California state court located in Orange County, California. 19. ATTORNEY'S FEES. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall NOT be entitled to attorney's fees. 20. MUNICIPAL POWERS. Nothing contained in this Agreement shall be construed as a limitation upon the powers and authority of City as a Chartered City of the State of California. 21. RIGHTS AND REMEDIES. The rights and remedies provided by this Agreement are given in addition to any other rights and remedies either Party may have by law, statute,ordinance or otherwise.All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by either Party shall not preclude or waive its right to any or all other rights or remedies. 22. TIME IS OF THE ESSENCE. Time is of the essence in the performance of each and every provision contained within this Agreement. Page 15 of 18 23. DEFAULT.Upon default by either Party in performance of any of the terms and conditions required by this Agreement, the non-defaulting Party may give notice to the defaulting Party and the reasons for the default. The written notice shall include the timeframe in which the defaulting Party may cure the default. This timeframe is presumptively five (5) business days, but may be extended,or reduced, if circumstances warrant, as determined by the non-defaulting Party. Circumstances warranting an immediate timeframe to cure include, but are not limited to, when a default involves either public safety or immediate waste or damage to property.Any failure on the part of the non-defaulting Party to give notice of the default shall not be deemed to result in a waiver of non-defaulting Party's legal rights or any rights arising out of any provision of this Agreement. 24. NO ORAL OR IMPLIED WAIVERS OR MODIFICATIONS. If either Party fails to enforce any of the provisions of this Agreement or any rights hereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not preclude or prejudice such Party from later enforcing or exercising the same or any other provisions, rights or elections which it may have under this Agreement. No waiver will be of any force or effect unless set forth in a writing signed by the Party whose right is being waived. Subject to the immediately preceding sentence, no modifications to this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties. 25. ENTIRE AGREEMENT. This Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject matter, supersedes and replaces all prior agreements, arrangements and understandings, written or oral, between the Parties. Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kind as conditions or inducement to the execution hereof or in effect between the Parties. Notwithstanding anything herein, and except for provisions in express conflict with this Agreement, the Settlement Agreement and General Release dated May 9, 2023, entered between the Parties, shall remain a separate and binding and enforceable contract between the Parties. 26. INTERPRETATION. The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause, or provision will be deemed to be severed from this Agreement.Neither this Agreement nor any provision herein will be construed in favor or against either Party based on which Party drafted this Agreement or such provision. 27. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES. No officer or employee of City shall be personally liable to Pacific Airshow, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Pacific Page 16 of 18 Airshow or to its successor, or for breach of any obligation of the terms of this Agreement or of an applicable Specific Event Permit. 28. COVENANT AGAINST DISCRIMINATION. Pacific Airshow covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of age, sex, race, color, religion, ancestry, national origin or other protected class in the performance of the activities and uses provided for by this Agreement. 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which will be deemed an original binding document but all of which will constitute one and the same instrument. 30. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that(i) such Party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 17 of 18 IN WITNESS WHEREOF, City and Pacific Airshow have executed this Agreement to be effective as of the Effective Date. CITY: CITY OF HUNTINGTON BEACH, a California municipal corporation and Charter City Mayor, City of Huntington Beach APPROVED AS TO FORM: M e Vigliotta City Attorney, City of Huntington Beach PACIFIC AIRSHOW: PACIFIC AIRSHOW, LLC, a California limited liability mpany /1007 [Na e Kevin P. Eilliott [Title] President [Name] [Title] APPROVED AS TO FORM: Suoo Lee, Esq. Attorney for Pacific Airshow, LLC Page 18 of 18 1000645303-01 -..-----"41 60 DATE(MIdIDD/YYYY) ACc Rt7 CERTIFICATE OF LIABILITY INSURANCE 09/16/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). CONTACT Karen Moore Kimmel Aviation Insurance Agency,Inc. NAME: PHONE FAX 442 Airport Road INC.No.ExU:316-669-9500 (Arc,No): Greenwood MS 38930 AIL n DRESS:karen.moore@kimmelinsurance.com INSURER(S)AFFORDING COVERAGE - NAIC II INSURER A:Starr Indemnity&Liability Insurance Co. INSURED Pacific Alrshow,LLC INSURER B: 5252 Bolsa Ave. INSURER C: Huntington Beach CA 92649 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE rfNSD WV4 POLICY NUMBER (MMIDD/YYYY) (h1Ml0D/YYYY} ✓ COMMERCIAL GENERAL LIABILITY I✓ 1✓I EACH OCCURRENCE $20,000,000 DAMAGE TO RENTED CLAIMS-MADE n 500,000 OCCUR ,PREMISES(Ea occurrence) S A V Airmeet Liability _ 1000645303-01 09/17/2025 10/10/2025 MED EXP(Any one poison) $2,500 PERSONAL 8 ADV INJURY $5,000,000 GENt AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $N/A POLICY n PROT I I LOC PRODUCTS-COMP/OP AGO S 5,000,000 JEC OTHER: Liquor Legal Liab. $1,000,000 AUTOMOBILE LIABILITY Ul t/ COMBINED SINGLE LIMIT s 5,000,000 (Ea accident) t/ ANY AUTO BODILY INJURY(Per parson) S ' OWNED ^ SCHEDULED 1000645303.01 09/17/2025 10/10/2025 BODILY INJURY(Pot accident) $ AUTOS ONLY AUTOS A HIRED NON.OWNED AUTOS ONLY ,_, AUTOS ONLY On Premises OnlyPROPERTY DAMAGE S Per acci dent S UMBRELLALIAB OCCUR 1 11 1 EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S _ DED RETENTION$ $ WORKERS COMPENSATION I I I SEATUTE I EERY ,__ AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETORIPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEt,IBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S II yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Hangarkeeper Liability 1_1Z_Ihd 1000645303-01 09/17/2025 '10/1012025 $1,000,000 E=1lo deductible is$1500 each loss A i Non-Owned Aircraft Liability ✓II✓j 1000645303-01 09117/2025 10/10/2025 15.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more spaco is required) Pacific Airshow at Huntington Beach waterfront and the John Wayne/Orange County Airport and any other location necessary and incidental to the aviation operations of the Named Insured. Certificate Holder is included as Additional Insured only with respect to liability arising out of the Named Insured's operations. Coverage is Primary and Non-Contributory and includes a Waiver of Subrogation in favor of the City of Huntington Beach, o f E M elected or appointed officials,employees,agents and volunteers.A 30 day notice of cancelation unless fo j rir*er, ft C7 ay notice of cancelation is provided when applicable. I CERTIFICATE HOLDER CANCELLATION MICHAEL J.VIGLI0 i'ip, City of Huntington Beach,its officers,elected or appointed CITY AT �( agents and volunteers SHOULD ANY OF THE ABOV ,4¢§CM3tItptPINII 1tE�13A BEFORE officials,employees, 9 THE EXPIRATION DATE TIIEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Xiaise.e..ei1/4._ � � Karon Moore ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AC-ORLI CERTIFICATE OF LIABILITY INSURANCE DATE(r,1MIDD/YYYY1 09/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michael Bibeau NAME: Trucordia Insurance Services,LLC PHONE rAX A/C, AI): (714)536-6086 (A/C,No: 3100 Bristol St E-MAIL ) ADDRESS: MlChaeLBlbeaU�lfUCOrdIa.COm Ste.220 INSURER(S)AFFORDING COVERAGE NAIC q Costa Mesa CA 92626 INSURER A: State Compensation Insurance Fund STACO1 INSURED INSURER B Pacific Airshow,LLC dba The Great Pacific Airshow INSURER C: 5252 Boise Avenue INSURER D INSURER E Huntington Beach CA 92649 INSURER F COVERAGES CERTIFICATE NUMBER: CL2591815919 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL SOUR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIDD/YYYY( ) (MMIODlVYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE To RE.NTEO CLAIMS-MADE I OCCUR PREMISES(Ea occurrence) S MED EXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMB-APPLIES PER GENERAL AGGREGATE S POLICY l I JE T I I LOC PRODUCTS-COMP/OP AGG S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO BODILY INJURY(Per poison) S OWNESCHEDULED BODILY INJURY t AUTOS ONLY AUTOS (Per accident) S AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTION S _ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE I` I NIA 8238347-25 09/17/2025 09117/2026 E.L.EACH ACCIDENT s 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) �1 q Pacific Airshow at Huntington Beach waterfront and the John Wayne/Orange County Airport and any other IccatiooApp{ 6E?1 ili�ttal o�fit,avaition operations of the named insured. , Should any of the above described policies be cancelled before the expiration dale thereof,the issuing insurer wilWydeavocto-ma rtlyAnotice to the certificate holder,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agen Cp, tynt.iti)4 CITY ATTORNEY CITY OF HUNTINGTON BEACHCERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach,its officers,elected or appointed officials, ACCORDANCE WITH THE POLICY PROVISIONS, employees,agents&volunteers AUTHORIZED REPRESENTATIVE 2000 Main St. Huntington Beach CA 92648 M art,a� A reALcuit,o- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) or Qrganization(s): CITY OF HUNTINGTON BEACH, )TS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST HUNTINGTON BEACH, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. As respects the above additional insured: 1. this insurance does not apply to any claim or liability arising out of the use of any aircraft product manufactured, sold, handled, or distributed by the above additional insured. 2. this insurance does not apply to the design, manufacture, repair, sale, or servicing of aircraft by the above • additional insured. 3. this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. All other provisions of this policy remain the same. This endorsement becomes effective SEPTEMBER 17, 2025 to be attached to and hereby made a part of: Policy No. 1000645303-01 Issued to PACIFIC AIRSHOW, LLC AND THEIR OFFICERS, EMPLOYEES,AGENTS, DIRECTORS AND VOLUNTEERS By STARR INDEMNITY & LIABILITY COMPANY Endorsement No. 1 Date of Issue SEPTEMBER 18, 2025 (KH) By (Authorized Representative) Starr 10803 ($/20) , 5 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This policy is amended as follows: With the respect to the following scheduled persons or organizations, all coverages shall be primery and non-contributory with respect to any other insurance policies held by the following scheduled persons or organizations. Schedule: CITY OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,AGENTS AND VOLUNTEERS 2000 MAIN ST HUNTINGTON BEACH, CA 92648 All other provisions of this policy remain the same. This endorsement becomes effective SEPTEMBER 17, 2025 to be attached to and hereby made a part of: Policy No. 1000645303-01 Issued to PACIFIC AIRSHOW, LLC AND THEIR OFFICERS, EMPLOYEES,AGENTS, DIRECTORS AND VOLUNTEERS By STARR INDEMNITY & LIABILITY COMPANY . Endorsement No. 13 --� Date of Issue SEPTEMBER 18, 2025 (KH) By } (Authorized Representative) Starr 10466 (6/071 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS 2000 MAIN ST HUNTINGTON BEACH, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the. "products-completed operations hazard". • This waiver applies only to the person or organization shown in the Schedule above. • All other provisions of this policy remain the same. This endorsement becomes effective SEPTEMBER 17, 2025 to be attached to and hereby made a part of: Policy No. 1000645303-01 Issued to PACIFIC AIRSHOW, LLC AND THEIR OFFICERS, EMPLOYEES,AGENTS, DIRECTORS AND VOLUNTEERS By STARR INDEMNITY & LIABILITY COMPANY l .Endorsement No. 15 "- Date of Issue SEPTEMBER 18, 2025 (KH) By (Authorized Representative) Starr 10134 (2/06) NTINGrO CITY OF , _', HUNTINGTON BEACH `� AUNTY CP;i °I Lisa Lane Barnes I City Clerk October 6, 2025 Pacific Airshow, LLC Attn: Kevin Elliott 5252 Bolsa Avenue Huntington Beach, CA 92649 Dear Mr. Elliott, Attached for your records is an executed copy of the Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow, LLC, approved by the Huntington Beach City Council on September 2, 2025. Sincerely, 6416 X14:41 ' -� Lisa Lane Barnes City Clerk LLB:ds Enclosure Office: (714)536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov ,0 ��NT'P... 01, CITY OF �� _= HUNTINGTON , : `;..,..ate �-` +1 ,AUNT`(�;,r BEACH To: Honorable Mayor and City Council CC: Travis Hopkins, City Manager From: Mike Vigliotta, City Attorney Date: September 2, 2025 Subject: Supplemental Communication for Item Number 15 (Certifying Environmental Impact Report No. 25-003 by adopting Resolution No. 2025Approve Findings of Fact with a Statement of Overriding Consideration (Pacific Airsho* -Iuntington Beach): and Approve and authorize execution of an Airshow Event Agreement between the City of Huntington Beach and Pacific Airshow, LLC For your review and consideration, an updated Airshow Agreement Between the City of Huntington Beach and Pacific Airshow, LLC is attached for Item No. 15 on the September 2, 2025 City Council Agenda. Section 3.4 of the agreement has been updated to remove incorrect language. SUPPLEMENTAL COMMUNICATION Meeting Date: • Agenda Item No.; /&( s --(,023). Office: (714)536—5555 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov AIRSHOW EVENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH / AND PACIFIC AIRSHOW, LLC THIS AIRSHOW EVENT AGREEMENT("Agreement") is made nd entered into this day of , 2025 ("Effective Date,), by and between the CITY OF HUNTINGTON BEACH, a California municipal corpotion and Charter City ("City"), and PACIFIC AIRSHOW, LLC, a California limited li,bility company ("Pacific • Airshow"). City and Pacific Airshow are sometimes hereinafter ' dividually referred to as a "Party" and hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, since 2016, the Pacific Airshow is become a cornerstone event in Southern California, attracting visitors from the nation a,d the world to the City of Huntington Beach, and by attendance has become the largest airs/how in the United States; and WHEREAS, the Pacific Airshow historically has consisted of a three-day weekend featuring aerobatic demonstrations and performa ces, a boat race around Catalina Island, on- sand entertainment, music;and much more; and WHEREAS, the Pacific Airshow ha become one of the City's biggest events of the year, generating approximately over$120,0 0,000 over the three event days in total economic benefit to the City according to a stu}� conducted by Visit Huntington Beach in 2022 (specifically, $70,000,000, direct spending in City businesses, and an additional $50,000,000 in indirect and induced spending); and WHEREAS, the City recognizes the value of hosting the Pacific Airshow for the enjoyment of its residents and the global community,the economic benefits brought to the City, the advancement of education a0 interest in aviation and aviation careers, and the showcasing of the natural beauty, resources, enterprises, attractions, climate and facilities of the City of /Huntington Beach; and WHEREAS, City,pnd Pacific Airshow desire to continue to bring the Pacific Airshow to the residents of Huntington Beach and the global community on an annual basis consistent with the terms and con.ttions provided for herein; and WHEREAS, in very general terms, in October of 2021, a portion of the Huntington Beach Airshow wa• canceled due to an oil spill. The City of Huntington Beach was then sued by Pacific Airsho , over the cancellation. WHE ' . AS, the City and Pacific Airshow negotiated a settlement of the lawsuit. The Settlement Agreement in part, states that ". . .the City shall provide" [certain] benefits to Pacific Airs F ow (inclusive of any embedded multi-day musical festival) in 2024 and thereafter. The Settler ent Agreement goes on to say "if PA desires to conduct future Air Show Event(s) (after 20)3), that Pacific Airshow and CITY will enter into a separate Air Show Event Agree ent, after the aforementioned environmental review pursuant to CEQA is complete. That it Show Event Agreement for future Air Show Events will be based on, and supported • Page 1 of 18 7 by, the completed aforementioned CEQA environmental review, and consistent with the7terms of this Agreement. The future Air Show Event Agreement will expressly provide the=benefits conferred to PA by the CITY under this Agreement, including Sections 2.b.i. through 2.b.viii." e J,. WHEREAS, as set forth herein, through a negotiation process PacificAAirshow agreed to relinquish some of the benefits guaranteed by Section 2 of the Settlement/Agreement. WHEREAS, in consideration of Pacific Airshow selecting pile City of Huntington Beach as the site for the Pacific Airshow, City and Pacific Airshow desire, pursuant to Section 2 of the Settlement Agreement and General Release dated ,May 9, 2023 ("Settlement Agreement"), which will be amended in part pursuant to this/Agreement, to enter into this Airshow Event Agreement. 1' WHEREAS, in the event the Settlement Agreement or any portion thereof is determined by a court to be void, unlawful, or unenforceable, (1) the Parties will in good faith renegotiate to amend the terms of this Agreement to be consistent with any court order including correcting any void, unlawful, or unenforceableportion(s); (2) the Parties agree that the dismissal with prejudice entered in favor of the City, per the Settlement Agreement,may be set aside, without objection from the City, upon pacific Airshow's request, if so determined by the court ; the City will not object to ; and (3) the Parties agree that from October 21, 2022 until written notice is served on Pacific Airshow of any court order,which voids or renders unlawful or unenforceable any portions of the Sett) ment Agreement, shall not be counted in determining any applicable statute of limitations, stil'tute of repose, laches, or other time-based defenses for Pacific Airshow to file a claim or co,plaint against the City; and WHEREAS, in consider Lion of City granting Pacific Airshow certain limited and defined use of City property, facilities and resources for the Pacific Airshow, Pacific Airshow desires, subject to the terms of this Agreement, to amend Section 2 of Settlement Agreement and perform certain obligatons as defined herein; and NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and connt fined herein and other consideration, the value and adequacy of which are hereby acknowleoged, the Parties agree as follows: AGREEMENT 1. j' CITALS. The foregoing recitals are true and correct, and the same are incorporated herein by this reference and made a part of this Agreement. 2. DEFINITIONS. Any terms not specifically defined herein shall have the meaning as set forth in the Huntington Beach Municipal Code (HBMC). 2.1 "Area"means all of the City property (e.g., real property, streets, parking s aces, public facilities) used by Pacific Airshow for the Event pursuant to this Agreement or a pecific Event Permit as referred to by Section 7 below. The Area may include any portions of the following locations in the City: Huntington City Beach, the Huntington Beach Pier, Main Page 2 of 18 / Street, Pier Plaza, 6th Street Parking lot, and City Parking Spaces and the Area may vary from year-to-year, and will be specified in that year's particular Specific Event Permit./ 2.2 "Branding" means the promotion of the Event by means/of advertising and distinctive design, including but not limited to trademarks and copyrigl,its associated with the Event. 2.3 "Business day" means a day on which City Hall 's open for business. 2.4 "City Parking Spaces"refers to those public/parking spaces located at the Pier Plaza and amphitheater parking(Sixth St.)lots,City beach parking lots(from Seventh Street to Beach Boulevard), Huntington Beach City Hall parking,its (if available), and Main St. parking garage, which are available for public use and not al eady encumbered or reserved by a law enforcement agency(to provide law enforcement for anEvent),or a business or organization lease as of May 9, 2023 (such as the valet spaces res rived and leased by Duke's Restaurant located at 317 Pacific Coat Hwy, Huntington Beach, A 92648). 2.5 "Event," or"Pacific Airsh% ,"refers to an annual multiday showcase of military and civilian airshow performances j Huntington Beach occurring in the Fall. Additional activities that may take place as part of the Event include (but are not limited to) a boat-race around Catalina Island, on-sand entertainment, music and other entertainment. The Event may also include, at the option of/Pacific Airshow, a multiday music festival. Any multiday music festival shall be during the dates of the Event and shall be subject to the same terms as the overall Event, including section 11 herein. Pacific Airshow will notify the City and obtain any additional permits at/least ninety (90) days before the Event. The Event is typically held in the Fall of each ye/and is anticipated to be held for three days with additional days of practice activities as requ}fird by the civilian and military performers (exclusive of the multiday music festival). The Event is promoted, managed, owned and operated by Pacific Airshow, and hosted by Citepursuant to both the terms of this Agreement as well as an applicable Specific Event Permit. Pacific Airshow will apply for a Specific Event Permit each year prior to conducting a vent. 2.6 Event Participant" means a person, business or organization that performs, provides se ices for (inclusive of Vendors), or is showcased in the Event, with the approval of the Paci c Airshow, including but not limited to aircraft pilots and their respective teams. �.7 "Unified Command" may include, but is not necessarily limited to, Huntington Bach Police Department, Huntington Beach Fire Department, Huntington Beach Marine SafetS', City Attorney, FBI, FAA, and Coast Guard. 2.8 "Vendor" means any Event participant, performer, service provider, exhibit9 or any other persons, businesses and organizations, who are authorized by Pacific Airsh$v,to offer a product or service,for sale or for giveaway,to Event attendees,and/or engage in so&e form of promotion to Event attendees, at the Event. Page 3 of 18 3. PERMIT: 3.1 Grant. As contemplated in Section 2 of the Settlement Agreement; City grants a temporary permit to Pacific Airshow to use the Area, during the term provided for in Section 5, , for the Pacific Airshow to manage and operate the Event(s) pursuant to the terms of this Agreement and the annual Specific Event Permit. Pacific Airshow shall have the right to conduct at least one (1) Event per year, on dates selected by Pacific Airshow consistent with the terms of this Agreement and each year Specific Event Permit. Nothing hereinfshall be construed to require Pacific Airshow to conduct the Event in any year during the Term. The City will not contract with or permit another person or entity to promote or operate the Event(s), or any events of similar nature that include an airshow or aerial performance in the pity. 3.2 Disclaimer of Tenancy. Pacific Airshow�,is✓not a tenant or lessee or licensee of City and holds no rights of tenancy or leasehold i-n relation to the Area. Pacific re Airshow shall not be considered to have any possessory intest in the Area, in that the City will maintain control and management of the Area at all times pursuant to the Specific Events Permit, and Pacific Airshow's use of the Area will not exclude/the general public. In consideration of City's grant of this use of the Area, Pacific Airshow specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Area other than the rights expressly granted by both this Agreement as well as an applicable Specific Events Permit. / 3.3 Disclaimer of Liability. Pacific Airshow covenants, agrees and warrants that City is not liable for any loss, damages or injury to the person, or property of any person, whatsoever at any time, occasioned by,or arising out of any act or omission of Pacific Airshow, or of anyone acting as the agent, employee, or representative of Pacific Airshow, pursuant to the uses, activities or occupancy provided for by both this Agreement as well as any related Specific Event Permit, except for any loss, damages, or injuries related to or arising out of the City's misconduct or gross negligence. / 3.4 Disorderly Persons. City shall have the right to refuse entrance to an Event, or remove and eject from an Event, any person associated with an Event or present at an Event, whose conduct/in the reasonable judgment of the City, is disorderly, disruptive or in violation of any law./The indemnification provisions of this Agreement shall apply to any claim or cause of action arising from such refusal or ejectment. 4. TERM AND TERMINATION. As required by the Settlement Agreement, and as specifically modified in this paragraph,this Agreement shall continue in full force and effect for an initial 10-year term starting September 2025 until December 31, 2035, and Pacific Airshowjshall have 3 options to renew for additional 5-year terms ("Term"). Exercise of the option to renew shall be provided to the City in writing. This option to renew may be exercised by Pacific Airshow, at Pacific Airshow's sole discretion, as early as anytime during the term. 5. Either party may terminate this Agreement if the other party breaches any aterial term of this Agreement and fails to cure such breach within thirty (30) days following written notice thereof, from the non-breaching party to each party hounsel. Notwithstanding the foregoing, certain provisions of this Agreement will survive andt eir termination c Page 4 of 18 or expiration of this Agreement where the context or express language of the provision so indicates. 6. AERIAL SAFETY. Safety shall be of primary importance for-'all Events. Anyone who flies in a manner and style not considered to demonstrate good airmanship and safety shall be barred from any further Event activities. Pacific Airshow warrants that Pacific Airshow has the duty to ensure that the safety and good airmanship of all Event performers will be observed at all times, and Pacific Airshow shall take any and all steps necessary, including prohibition of flying, in the event Pacific Airshow determines that good airmanship and safety are being threatened or compromised. In the absence of a Federal' Aviation Administration monitor or Pacific Airshow supervision, and when City's Unified/Command is of the opinion that the Pacific Airshow is unable to fulfill said requirements,of good airmanship and safety, the City shall have the full authority, at no cost or expense to/City, as well as at no liability of City to Pacific Airshow, to stop all Event connected activity until the unsafe or unsatisfactory condition is corrected. The City's Unified Command's decisions shall be in writing and must be unanimous. Prior to the Unified Command's issuance of a decision pursuant to this section, Pacific Airshow shall be notified and have the oppoftunity to participate in the determination by the Unified Command. Any stoppage or modification to any Event connected activity shall be coordinated with Pacific Airshow. Subject to/this section 6, 7.4, and 9, no Event or Special Event Permit shall be revoked, modified, or cancelled by the City for any reason. I 7. SPECIFIC EVENT PERMIT. 7.1 Requirement.A Specific Event Permit is required for each Event pursuant to Chapter 13.54 of the Huntington Beach Municipal Code. Pacific Airshow shall secure a new Specific Event Permit from the City as a requirement for conducting any Event Subject to section 7.3, there shall be no liability or damages that may be claimed by Pacific Airshow against the City for Pacific Airshow's failure to secure a Specific Event Permit. 7.2 Application. Pacific Airshow shall submit to City for review and approval an application for a Specific Event Permit for each Event desired to be held by Pacific Airshow no less than 90 days and rio more than two years before the date proposed for holding a specific Event, notwithstanding any contrary deadlines provided for by the HBMC. r 7.3 ;' Processing. The City will not unreasonably deny an application from Pacific Airshow��✓`for a Specific Event Permit for a particular Event consistent with the requirements azid procedures provided for in Chapter 13.54. The City shall not deny an application from Pacific Airshow for a Specific Event Permit to circumvent this Agreement. fr/om 7.4 Suspension or Revocation. As required by the Settlement Agreement, a Specific/Event Permit issued by City to Pacific Airshow for an Event may be suspended or revoked upon the written determination by the City's Unified Command of a justifiable health and/or safety issue, provided that Pacific Airshow is notified and consulted prior to any such determination, Pacific Airshow participates in the determination by the City's Unified 9ommand, and any suspension or modification is coordinated with Pacific Airshow. t' Page 5 of 18 Iy f 7.5 In the event of any inconsistency between this Agreement and an applicable Specific Events Permit, this Agreement shall govern; except by mutual agreement of the Parties. 8. EVENT IMPACT. 8.1 Area Restoration. Pacific Airshow, at its sole cost''and expense, upon conclusion of an Event shall promptly and timely restore the Area to).ts condition as existed before the commencement of the Event and any Event activities. Such Area restoration duties of Pacific Airshow include but are not limited to immediate cleaning by/the Pacific Airshow of the entire Area as well as immediate removal by Pacific Airshow of all trash and debris generated or caused by the Event and any Event activities. 8.2 Event Damages. Pacific Airshow is responsible for all costs and expenses to repair and/or replace any equipment, facilities or property damaged, including area restoration as provided for in Section 8.1 above, as a result of Pacific Airshow's use and occupation of the Area during the term of an Event. Pacific Airshow shall not be responsible for any expenses, damages, or repairs caused by any third party unless'hired by Pacific Airshow. 8.3 Hazardous Substances. Pacific Airshow shall comply with all federal, state, and local laws and regulations relating to`hazardous materials and waste, and shall timely comply with the orders of any governmental/agencies relating thereto. Pacific Airshow shall at its own cost and expense remove all flammable and hazardous materials and waste as defined by state, federal, or local law immediately at the conclusion of an Event. Pacific Airshow shall make available for inspection to the City available records relating to the maintenance, release, mitigation, and cleanup of any hazardous substances on the premises of the Area arising from or caused by the uses provided for in this Agreement. 9. LICENSES AND OTHER PERMITS. Pacific Airshow shall obtain at its own expense and maintain for any Event throughout the term of the Agreement, in its name, all licenses,permits,approvals;releases and other consents,authorizations and filings("Licenses") required by any federal,,state, local or applicable governmental or regulatory body (i.e. the California Coastal Commission, the California State Lands Commission, the California Department of Transportation and the Federal Aviation Administration) required for conducting each Event, and shall timely provide copies of all such valid Licenses to the City prior to the commencement of any Event. If Pacific Airshow is unable to obtain any one or more Licenses necessary to conduct the Event, and the Event must be cancelled or postponed, the City shall not liable for any damages, however so incurred, by Pacific Airshow by reason of failure toybtain License(s). 9.1 Other Agency Permits and Licenses. City may only issue a Specific Event Permit f9r`areas within City jurisdiction; any permit, license or permission for use of land area or air space outside of City jurisdiction must be requested by Pacific Airshow with the relevant outside agency. Approved site maps pursuant to a Specific Event Permit will only constitute approval of the City's portion of the submitted plans. It is the responsibility of Pacific Airshow to:timely acquire any permits, licenses or permissions from any other local, state, or federal agency with jurisdiction over any portion of an Event location. Pacific Airshow expressly agrees Page 6 of 18 / ,1 that City bears no responsibility or liability for cancelation, event stoppages, closures, delays;i/ changes, or any other condition caused by any other agency with jurisdiction over the Event or any portion of an Event location. r. 9.2 FAA Waiver or Authorization. Pacific Airshow shall provide written verification to City that a valid Certificate of Waiver or Authorization for all phases of the Event has been timely obtained and approved by the Federal Aviation Administration prior to any Event held in the City pursuant to the terms of this Agreement and an applicable Specific Events Permit. / 9.3 Alcohol. Pacific Airshow shall timely provide/ copies to City of valid licenses from the Department of Alcoholic Beverage Control ,as mandated by law as a requirement for any use, that is regulated or controlled by such/department, pursuant to this Agreement or an applicable Specific Event Permit. / 9.4 Vendors. Pacific Airshow shall tin} le y provide copies to City of valid business licenses for all Vendors participating in each Event as a requirement for participating in such Event. Pacific Airshow shall also timely provide copies of valid Orange County Environmental Health permits from the Orange Ciunty Health Care Agency for all Food Vendors as a requirement for such Food Vendors/to/participate in an Event. 10. CERTAIN PACIFIC AIRSHOW OBLIGATIONS. 10.1 Pacific Airshow shall comply throughout the term of the Agreement with all applicable federal, state and local layrs and regulations, as well as all applicable rules and regulations established by the City oryrior agreements between the City and third parties, both in effect as of the Effective Date an 10.2 Event Participant Liabilityd as both enacted and amended from time-to-time. i ant Waivers. Pacific Airshow shall ensure that each Event Participant execute/a hold harmless liability waiver prior to the start of the Event, in a form to be drafted by the City, pursuant to which Event Participant assumes the risk of injury, damages, or death,td releases the City from all liability in connection with the Event. of the 10.3 Public Trust. Pacific Airshow expressly acknowledges that part Area for an Event pre ises may be subject to the Public Trust and must be made available to members of the publ'�c for recreation, waterborne commerce, navigation, fisheries, open space, and any other recognized Public Trust uses. Further, in no event shall public access be in any way prohibited or/rrestricted beyond the City's jurisdiction including seaward of the mean high tide mark witho t permission and any required permits of other local, state or federal agencies with jurisdicti n.Access to the Pier may not be otherwise impeded without proper approval. Use of the Pier ay not be restricted except as set forth herein, within an applicable Specific Use Permit, an pursuant to applicable law. 10.4 Fire Protection and Aircraft Rescue Equipment. In the event aircraft rest e becomes necessary, the City shall continue to provide its public safety services, while P cific Airshow shall be responsible for any aircraft salvage as are deemed necessary. Page 7 of 18 10.5 Evacuation and Safety Plan. Pacific Airshow shall in consultation with the Unified Command develop an Evacuation and Safety plan for the Event that addresses and mitigates any potential threats to public safety that may reasonably arise from the conduct of an Event, that shall be approved by the Unified Command no later than 10 days prior to the commencement of any Event. 10.6 Limited License to Use Event Branding. Pacific Airshow hereby grants to City the limited, revocable, non-assignable, non-sublicensable, non-exclusive license to use and deploy, during the term, Branding for each Event, in all reasonabl7forms for advertising and marketing, but only to the extent related to promotion of an Event, and subject in each instance to Pacific Airshow's prior written approval, which will no/be unreasonably withheld by Pacific Airshow. 10.7 Operations, Equipment and Personnel./Except as otherwise provided for by this Agreement or an applicable Specific Events Permits Pacific Airshow shall provide for (or cause to be provided) all Event-related equipment, supplies, personnel (including volunteers),training of personnel (including volunteer ;Event manuals/programs,Event set-up and tear down, and all other technical and operational aspects of the Event. City shall provide, at the City's costs, all waste, sanitary, and first ?id facilities as are deemed necessary by the Orange County Health Care Agency. 10.8 Event Costs. Except a otherwise provided for by this Agreement or an applicable Specific Events Permits, Pacifio'Airshow shall be solely responsible for all expenses and costs necessary for the promotion, management and operation of an Event. 10.9 Local Suppliers. Pacific Airshow shall, to a reasonable extent possible and in compliance with applicable laws, use local suppliers for the promotion, management and operation of an Event. ��/ 10.10 Pacific/Airshow shall provide City with the following: 10.10.1 space for City usage from which City may promote City, such as a booth at an Event,l'bcation to be determined by Pacific Airshow at Pacific Airshow's sole discretion; and y 10.10.2 signage (advertising only the City and paid for by the City) at certain locations throughout the Area to be determined at Pacific Airshow's sole discretion; and, / / ,,/ 10.10.3 placement of City's logo on any Event-related material produced by Pacific Airshow at the sole discretion of the Pacific Airshow; and, I / 10.10.4 placement of City's logo and City's banner advertisements on al/Event websites managed or controlled by Pacific Airshow at Pacific Airshow's sole discretion. City's brand guidelines shall be provided by City to Pacific Airshow. / Page 8 of 18 E lA i, 11. CERTAIN CITY OBLIGATIONS As required by the Settlement Agreement: J Y 11.1 Annual Event. As set forth herein, Pacific Airshow shall have the right to conduct at least one Event per year on dates selected by Pacific Airshow pursuant to the terms and conditions contained in this Agreement. City will work with Pacific Airshow to accommodate the requested dates. To mitigate any potential concerns/With the Bolsa Chica Ecological Reserve, including any nesting seasons, the Event will not'be conducted between March 15th and September 15th of each year. / 11.2 Environmental Review. City at its sole cost and expense, has completed the environmental review process in compliance with the California Environmental Quality Act (CEQA) for the Event and all future events covered within the scope of the Environmental Impact Report (EIR). City will make available to PacifiyAirshow the technical studies, reports and work product generated as part of the CEQA process. Once the EIR is certified and the challenge period is over, any future CEQA requirements necessitated by a substantive change in scope made by Pacific Airshow shall be at the solefcost and expense of Pacific Airshow. 11.3 Future Environmental;Review and Compliance. The existing Environmental Impact Report analyzed th •iinpacts of the Event for 10 years. Any additional environmental review or compliance, including monitoring or mitigation, necessary pursuant to CEQA within the scope of the existing Project/EIR, shall be paid by the City. If the scope of the Project analyzed pursuant to CEQA changes Pacific Airshow shall pay for all such costs ' associated with such changes. Any compliance, monitoring,for mitigation measures, imposed by any regulatory agency including without limitation,mitigation measures,imposed by the Coastal Commission/Coastal Development Permit shall be paid by Pacific Airshow. The City will indemnify.;'hold harmless, and defend Pacific Airshow from any claims, suits, damages, or costs (including attorney's fees)to third parties arising out of or in connection with CEQA compliance caused, or undertaken by City. City shall not be liable for any damages, however so incurred,by Pacific Airshow by reason of a lawsuit challenging the environmental review or any provisions of this Agreement. /11.4 Parking. Pursuant to Section 2 b. ii. of the Settlement Agreement as modified herein, City grants Pacific Airshow the exclusive use of and right to monetize the City Parking Spaces, at no cost to Pacific Airshow, during the dates of the Event(s). For clarification purposes;during the dates of an Event,the City Parking Spaces includes any City Parking Spaces Pacific Airshow elects to use or monetize. Pacific Airshow shall also have the exclusive use of up to/600 City Parking Spaces, at no cost to Pacific Airshow, for 14 days prior to dates of an E dent for load-in, and 12 days following dates of an Event for load-out as required by Pacific Airshow's operational needs related to an Event (inclusive of any embedded multi-day musical festival). Pacific Airshow shall have discretion over where the operational parking is to be allocated and be granted the exclusive right to operate the Huntington Street entrance to the beach parking lots as required by their operational needs. Should Pacific Airshow require additional parking above and beyond this allocation,the price shall be set at$10 per City Parking I Page 9 of 18 „F Space per day. During Pacific Airshow's use of City Parking Spaces pursuant to this Agreement, the City shall staff the parking lots with personnel and kiosk attendants at City's expense:'” 11.5 Beginning in 2030, the City will retain the rate of$10 per space for each parking space actually sold by Pacific Airshow, up to the total number of City Parking Spaces available for sale by Pacific Airshow for each Event year. The $10 per spacpi retained by the City shall be automatically increased by the Consumer Price Index each yesstarting in 2031. 11.6 RV Camping. City grants Pacific Airshow the exclusive use of, control of, and right to monetize any RV Camping in/of the City Parking1 Spaces, where such RV Camping is allowed by law, at no cost to Pacific Airshow, during the dates of an Event. Additionally, Pacific Airshow shall have the exclusive use of upito 15 RV camping spaces for 14 days prior to the dates of an Event for load-in and 12 days,-following dates of an Event for load-out, as required by Pacific Airshow's operational needs/The City shall work with Pacific Airshow to ensure that public camping reservations do notAterfere with Pacific Airshow's use and operational needs of the RV camping lot. During yacific Airshow's use of RV Camping Spaces pursuant to this Agreement, the City shall staff the lots with personnel and kiosk attendants at City's expense. Beginning in 2030, the City will retain a rate of$100 per RV space for each RV parking space actually sold by Pacipc Airshow. The $100 per space retained by the City shall be automatically increased by the Consumer Price Index each year starting in 2031. �` 11.7 Fees and Costs. ,✓ / 11.7.1 Pursuant/to section 2 b. (iv) of the Settlement Agreement, City shall waive and not require Pacific Airshow to pay City fees and costs (including but not limited to, all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, pollution prevention fees, etc!5 for Pacific Airshow for any such fees and costs incurred in connection with an Event. 11�7.2 City shall assist Pacific Airshow in mitigating all 3rd party fees related to public safety and permits (including OC Sheriffs Department fees, State Park fees, permit fees, etc.), and'3rd party public works, restroom, refuse/trash, and road closure fees, by providing as much,of the services as possible from the City's resources and trade relationships to diminish the need for 3rd party services. /11.8 The City shall enact and adopt any necessary rules, policies, and procedures tdeffectuate the terms and spirit of this Agreement. 1 . INSURANCE. / 12.1 Insurance Coverages. Prior to Pacific Airshow commencement of any activities under this Agreement or pursuant to a related Specific Event Permit, and without li ting Pacific Airshow's indemnification obligation to City,Pacific Airshow shall procure and is-i ntain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the applicable Specific Event Permit, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to Page l0 of 18 transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of , California,with an assigned policyholders' Rating of A- (or higher) and Financial Size Category. Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover the City and all elected and appointed officers, employees and agents of City, as provided for herein. Not more frequently than once each calendar year, if in the opinion of the City the coverages or the limits of insurances described herein are not adequate, Pacific Airshow shall increase the limits and/or provide such additional coverages as required by the City. Pacific Airshow expressly agrees that City bears no responsibility or liability for cancelation, event stoppages,closures,delays, changes,or any other condition or event caused by Pacific Airshow's inability or delay obtaining the required insurance. i-' / 12.1.1 Commercial General Liability Insurance.A policy of commercial general liability insurance,with coverage at least as broad as Insurance Services Office("ISO") form CG 00 01,written on a per occurrence basis for bodily injury,personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting stanClard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than$10,000,000 general aggregate. 12.1.2 Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as,will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Pacific Airshow against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any perspns retained by Pacific Airshow in the course of carrying out the work or services contemplated in this Agreement or arising under this Agreement. / 12.1.3 Aircraft Liability. A policy of comprehensive aircraft liability insurance written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall be obtained by the performers'and shall include coverage for owned, non-owned, leased, hired aircraft and any aircraft/ 4 /12.1.4 Subcontractors. In the event Pacific Airshow subcontracts any portion of the promoion, management or operation of an Event, Pacific Airshow shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Pacific Airshow shall furnish to City all documentation, required herein for Pacific Airshow, for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. 0�/ 12.2 General Insurance Requirements. i 12.2.1 Proof of Insurance, Enforcement and Notice. No activities under this'Agreement shall commence until both Pacific Airshow has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right Page 11 of 18 / to inspect complete, certified copies of, and endorsements to, all required insurance policies,;at any time. Any failure to comply with the reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to Section 12.2.2 below), or does not comply with the requirements herein, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Pacific Airshow; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement and/or revoke the applicable Specific Event Permit, at the sole discretion of the City/Pacific Airshow shall give City prompt and timely notice of claims made or suits instituted/that arise out of or result from Pacific Airshow's actions or inactions under this Agreement', and that involve or may involve coverage under any of the required insurance policies. 12.2.2 Cancellation/Amendment. All/off herein required policies of insurance shall provide the insurance may not be amended/6r cancelled by insurer or any Party hereto without providing thirty (30) calendar days pri/written notice (with exception of ten (10) calendar days prior written notice for nonpayment)to City. In the event any of said policies of insurance are amended or cancelled, Pacific Airshow shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. / 12.2.3 Additional Insureds.All of the insurance policies herein provided for shall name City and its elected and appointed officers, employees and agents ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply to all additional insureds ensuring that Pacific Airshow's insurance shall apply separately to each insured against whom cla.m is made or suit is brought, except with respect to the limits of the insurer's liability, and/policies of insurance shall not contain any cross-liability exclusions. 12.2.4 Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance, except for any claims arising out of City's breach of this greement, misconduct or negligence, in which case, City's policies of insurance shall be primary. The insurers for above policies, Pacific Airshow and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herei shall be endorsed to waive such rights. For any claims arising out of Pacific Airshow's brch of this Agreement, misconduct or negligence, any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Pacific Airshow's insurance/If Pacific Airshow maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/oyhigher limits maintained by Pacific Airshow.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and /approved of in writing. Requirements of specific coverage features or limits contained herein 7 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any Page 12 of 18 coverage normally provided by any insurance. Specific reference to a given coverage feature is / for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type( 12.2.5 Limitations, Self-Insured Retention and Deductibles/Pacific Airshow agrees that requirements herein shall not be construed as limiting in any way the extent to which Pacific Airshow may be held responsible for the payment of damages;,oiany persons or property resulting from Pacific Airshow's activities or the activities of any person or persons for which Pacific Airshow is otherwise responsible nor shall it limit Pacific Airshow's indemnification liabilities as provided herein. All insurance policies mu addstYspecify that where r.� the primary insured does not satisfy any self-insured retention, any itional insured may satisfy the self-insured retention. Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shalalreduce or eliminate such deductibles or self-insured retentions as respects to City and City Parties, or Pacific Airshow shall procure a bond guaranteeing payment of losses and/related investigations, claim administration, attorney's fees, defense expenses and claims. 7 13. INDEMNITY. 13.1 General Obligations. Pacific Airshow agrees, to the full extent permitted by law, to indemnify, protect, defend and hold harmless City (inclusive of City's subsidiaries, , and elected and appointed officers), its employees and agents (and each of their respective directors, officers, employees, contractors, volunteers, representatives, and agents) (each an "Indemnitee" and collectively, "Indemnitees%') against, and will hold and save them and each of them harmless from, whether actual or°threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions1or liabilities (herein "Claims or Liabilities") that may be asserted or claimed by any person, rm or entity directly arising out of, the work, operations or activities provided herein of/Pacific Airshow, its officers, employees, agents, or subcontractors, or invitees, or any individual or entity for which Pacific Airshow is legally liable (each an"Indemnitor" and collectively, "Indemnitors"), or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform any term, provision; covenant or condition of this Agreement or of an applicable Specific Event Permit, anti/in connection therewith: 1) Pacific Airshow will defend any action or actions filed or threatened in connection with any such Claims or Liabilities. and, 2) Pacific Airshow will promptly/flay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities and will save and hold Indemnitee(s) harmless therefrom. Notwithstanding anything herein, Pacific Airshow shall have no duty to indemnify the Indemnitees if the Claims or Liabilities arisp'out of or in connection with (1) the negligence or misconduct of any third party or (2) any/of the Indemnitees' breach of this Agreement, reckless or willful misconduct, or gross negligence. / 13.2 Further Provisions. The indemnity obligation herein shall be binding on successor , assigns and heirs of Pacific Airshow and shall survive termination of this Agreement. Failure of City and/or City Parties (collectively "City" for solely this Section 13.2) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof The indemnification provisions herein do not apply to Claims or Liabilities occurring as a result of Page 13 of 18 �/ City's negligence or willful misconduct. The indemnification provided herein includes Claims / or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful/ .,, misconduct of Indemnitors, both arising from Event activities, as well as in the performance,.d this Agreement and the applicable Specific Event Permit. In the event of any dispute between Pacific Airshow and City, as to whether liability arises from the negligence or willful misconduct of City, each Party will be obligated to pay for its own defense until such time as a final,judgment has been entered adjudicating each Party's fault. / 7 14. ASSIGNMENT, TRANSFER. The benefits under this Agreement shall be granted to and inure to Pacific Airshow, and any affiliate, assignee, transferee, subsidiary or parent of Pacific Airshow, as designated by Pacific Airshow and approved,by the City("Pacific Airshow's Designee"). Pacific Airshow shall have the right to assign or=transfer the rights and interest under this Agreement to a party of Pacific Airshow's designation, i.e., Pacific Airshow's Designee, who must be approved by the City. Such approval by the City shall not be withheld, unless five or more of seven members of the City Council vote to withhold approval. In the event Pacific Airshow notifies City in writing with the name of Pacific Airshow's proposed designee, and the City does not responi to such designation in writing within 45 days of the notification, Pacific Airshow's proposed designee shall be deemed approved by the City. Notification to City by Pacific Aiishow shall be in writing to the City Attorney, the City Manager, and each of the members 'f the City Council. 15. NOTICES. 15.1 Any notice or other communication either Party desires or is required to give to the other Party or any other person iniregards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal/Express, which provides a receipt showing date and time of delivery, or(iii) mailing in the U ited States Mail, certified mail,postage prepaid,return receipt requested, as follows: If to City: i City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 If to Pacific A'trshow: Pacific Airshow, LLC 5252 Bolsa Avenue Huntington Beach, CA 92649 15/2 Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or ®seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 6. FORCE MAJEURE. In the event either Party is prevented from performing any of its obligations,under either this Agreement or an applicable Specific Event Permit,by reason Page 14 of 18 of any event outside of such Party's control, including, without limitation, fire, weather, unsafe." conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism/or other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders, or regulations ("Force Majeure Event"), then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended. In the case of cancellation of an Event due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannoyreasonably be rescheduled or relocated within the City, neither Party shall be deemed to yin breach of this Agreement solely because of such cancellation. Neither any such cancellation,rescheduling, or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. /f 17. RELATIONSHIP OF THE PARTIES. The Parts'are acting herein solely as independent contractors. Nothing herein contained will create/Kr be construed as creating a partnership,joint venture, or agency relationship between the rties. Each Party acknowledges and agrees that it neither has nor will give the appearance oPar impression of having any legal authority to bind or commit the other Party in any way. ach Party will be solely responsible for all wages, income taxes, worker's compensation, and any other requirements for all personnel it supplies in connection with this Agreem fit18. GOVERNING LAW. Notwithsta} ing the place where this Agreement may be executed by either Party, this Agreement and day claim, controversy, dispute or other matter arising hereunder or related hereto (whether$'contract, tort or otherwise) shall be governed in accordance with the laws of the State of/California, without regard to the conflict of laws provisions thereof that would result in tip application of the laws of any other jurisdiction. In any litigation arising out of or relatingto this Agreement, the Parties agree that venue shall be solely in either the United States District Court, Central District of California, or a California state court located in Orange Count§, California. 19. ATTORNEY'S FEES. If either Party to this Agreement is required to initiate or defend or made a party to any/action or proceeding in any way connected with this Agreement, the prevailing party in such/action or proceeding, in addition to any other relief which may be granted, whether legal oruitable, shall NOT be entitled to attorney's fees. 20. MUNI'IPAL POWERS. Nothing contained in this Agreement shall be construed as a limit tion upon the powers and authority of City as a.Chartered City of the State of California. • 21. RIGHTS AND REMEDIES. The rights and remedies provided by this Agreement a e given in addition to any other rights and remedies either Party may have by law, statute, or 'nance or otherwise. All such rights and remedies are intended to be cumulative, and the use o any one right or remedy by either Party shall not preclude or waive its right to any or all otho rights or remedies. 22. TIME IS OF THE ESSENCE. Time is of the essence in the performance of each d every provision contained within this Agreement. Page 15 of 18 23. DEFAULT. Upon default by either Party in performance of any of the terms and.-' conditions required by this Agreement, the non-defaulting Party may give notice to the defaulting Party and the reasons for the default. The written notice shall include the timeframe in which the defaulting Party may cure the default. This timeframe is presumptively five (5) business days,but may be extended, or reduced, if circumstances warrant, as determined by the non-defaulting Party. Circumstances warranting an immediate timeframe to cure,include, but are not limited to, when a default involves either public safety or immediate waste or damage to property. Any failure on the part of the non-defaulting Party to give notice of-the default shall not be deemed to result in a waiver of non-defaulting Party's legal rights o%any rights arising out of any provision of this Agreement. / 24. NO ORAL OR IMPLIED WAIVERS OR MODIFICATIONS. If either Party fails to enforce any of the provisions of this Agreement or any its hereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not preclude or prejudice such Party from later enforcing or exercising/the same or any other provisions, rights or elections which it may have under this Agreement. No waiver will be of any force or effect unless set forth in a writing signed by the Party whose right is being waived. Subject to the immediately preceding sentence, no modificatio�ngto this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties. 25. ENTIRE AGREEMENT. Tlys Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject ma®ter, supersedes and replaces all prior agreements, arrangements and understandings, wri�ften or oral, between the Parties. Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kinds conditions or inducement to the execution hereof or in effect between the Parties. Notwithstanding anything herein, and except for provisions in express conflict with this Agreement, the Settlement Agreement and General Release dated May 9, 2023, entered between/the Parties, shall remain a separate and binding and enforceable contract between the Parties/ 26. INTERPRETATION.T AATION. The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any tei ii, clause or provision hereof is held invalid or unenforceable by an arbitrator or a court/of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause, or provision will be deemed to be/severed from this Agreement.Neither this Agreement nor any provision herein will be cons ed in favor or against either Party based on which Party drafted this Agreement or such pro ision. 2/ . NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES. No officer or emplo ee of City shall be personally liable to Pacific Airshow, or any successor in interest, in the e ent of any default or breach by City or for any amount which may become due to Pacific Page 16 of 18 / i ry Airshow or to its successor, or for breach of any obligation of the terms of this/Agreement or of an applicable Specific Event Permit. /1/ 28. COVENANT AGAINST DISCRIMINATION. Pacific Airshow covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any/person or group of persons on account of age, sex, race, color, religion, ancestry, national ogin or other protected class in the performance of the activities and uses provided for by this/Agreement. 29. COUNTERPARTS. This Agreement may,b'e executed in counterparts, each of which will be deemed an original binding document but/11 of which will constitute one and the same instrument. 30. CORPORATE AUTHORITY. The.persons executing this Agreement on behalf of the Parties hereto warrant that(i) such Party,is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally b9und to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement s all be binding upon the heirs, executors, administrators, successors and assigns of the Parties/ .r' [SIGNATURES ON FOLLOWING PAGE] r 1 r r Page 17 of 18 IN WITNESS WHEREOF, City and Pacific Airshow have executed this Agree ent to be effective as of the Effective Date. r CITY: r' CITY OF HUNTINGTON BEACH, a California municipal corporation and Charter City Mayor, City of Huntington Beach APPROVED AS TO FORM: r' f/ 7 Mike Vigliotta City Attorney, City of Huntington Beach. r/ PACIFIC AIRSHOW: PACIFIC AIRSHOW, LLC, a California limited liability company [Name] [Title] [Name] [Title] APPROVED AS TO FORM: �. /Attorney for Pacific Airshow, LLC /{, Page 18 of 18 AIRSHOW EVENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH e` AND PACIFIC AIRSHOW,LLC ,`'' THIS AIRSHOW EVENT AGREEMENT g("Agreeme nt")is made and entered into this day of , 2025 ("Effective Date")eby and between the CITY OF HUNTINGTON BEACH, a California municipal corporation and Charter City ("City"), and PACIFIC AIRSHOW, LLC, a California limited liability company ("Pacific Airshow"). City and Pacific Airshow are sometimes hereinafter jndividually referred to as a "Party"and hereinafter collectively referred to as the"Parties." RECITALS WHEREAS, since 2016, the Pacific Airsho has become a cornerstone event in Southern California,attracting visitors from the nati,/and the world to the City of Huntington Beach, and by attendance has become the largest a'rshow in the United States; and WHEREAS, the Pacific Airshow his rically has consisted of a three-day weekend featuring aerobatic demonstrations and perf�p'rmances, a boat race around Catalina Island, on- sand entertainment,music, and much more; and e WHEREAS, the Pacific Airsl�ow has become one of the City's biggest events of the year, generating approximately ove 120,000,000 over the three event days in total economic benefit to the City according to a study conducted by Visit Huntington Beach in 2022 (specifically, $70,000,000, dire() spending in City businesses, and an additional $50,000,000 in indirect and induced spend' g); and WHEREAS, the ity recognizes the value of hosting the Pacific Airshow for the enjoyment of its resident and the global community,the economic benefits brought to the City, the advancement of ed,cation and interest in aviation and aviation careers, and the showcasing of the natural beauty, resources, enterprises, attractions, climate and facilities of the City of Huntington Beach/and WHE AS, City and Pacific Airshow desire to continue to bring the Pacific Airshow to the residen of Huntington Beach and the global community on an annual basis consistent with the to -s and conditions provided for herein; and REAS, in very general terms, in October of 2021, a portion of the Huntington Beach irshow was canceled due to an oil spill. The City of Huntington Beach was then sued by Pa ific Airshow, over the cancellation. WHEREAS,the City and Pacific Airshow negotiated a settlement of the lawsuit. The ttlement Agreement in part, states that ". . .the City shall provide" [certain] benefits to / Pacific Airshow(inclusive of any embedded multi-day musical festival)in 2024 and thereafter. The Settlement Agreement goes on to say "if PA desires to conduct future Air Show Event(s) (after 2023), that Pacific Airshow and CITY will enter into a separate Air Show Event Agreement, after the aforementioned environmental review pursuant to CEQA is complete. That Air Show Event Agreement for future Air Show Events will be based on, and supported Page 1 of 18 209 .0 / / by,the completed aforementioned CEQA environmental review, and consistent with the terms. ` of this Agreement. The future Air Show Event Agreement will expressly provide the benefits conferred to PA by the CITY under this Agreement, including Sections 2.b.i.through 2.b;viii." / WHEREAS, as set forth herein,through a negotiation process Pacific Airshow agreed to relinquish some of the benefits guaranteed by Section 2 of the Settlement Agreement. WHEREAS, in consideration of Pacific Airshow selecting the City of Huntington Beach as the site for the Pacific Airshow, City and Pacific Airshow desire,<pursuant to Section 2 of the Settlement Agreement and General Release dated May/9; 2023 ("Settlement Agreement"), which will be amended in part pursuant to this Agreement, to enter into this Airshow Event Agreement. WHEREAS, in the event the Settlement Agreement or any portion thereof is determined by a court to be void,unlawful, or unenforceable;/(1)the Parties will in good faith renegotiate to amend the terms of this Agreement to be consistent with any court order including correcting any void, unlawful, or unenforceable portion(s); (2) the Parties agree that the dismissal with prejudice entered in favor of the City, .er the Settlement Agreement,may be set aside,without objection from the City,upon pacifiyAirshow's request, if so determined by the court ; the City will not object to ; and (3) the Parties agree that from October 21, 2022 until written notice is served on Pacific Airshow of any court order,which voids or renders unlawful or unenforceable any portions of the Settlement Agreement,shall not be counted in determining any applicable statute of limitations, statute of repose, laches, or other time-based defenses for Pacific Airshow to file a claim or complaint against the City; and WHEREAS, in consideration of City granting Pacific Airshow certain limited and defined use of City property, facilities and resources for the Pacific Airshow, Pacific Airshow -- desires, subject to the terms of this Agreement, to amend Section 2 of Settlement Agreement and perform certain obligations/as defined herein; and / NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged,the Parties agree as follows: ,f AGREEMENT 1 1. RECITALS. The foregoing recitals are true and correct, and the same are incorporated lrein by this reference and made a part of this Agreement. 2. / DEFINITIONS. Any terms not specifically defined herein shall have the meaning as set forth in the Huntington Beach Municipal Code (HBMC). 2.1 "Area"means all of the City property(e.g.,real property, streets,parking spaces,public facilities)used by Pacific Airshow for the Event pursuant to this Agreement or a Specific Event Permit as referred to by Section 7 below. The Area may include any portions of the following locations in the City: Huntington City Beach, the Huntington Beach Pier, Main Page 2 of 18 210 r Street, Pier Plaza, 6th Street Parking lot, and City Parking Spaces and the Area may vary from year-to-year, and will be specified in that year's particular Specific Event Permit / 2.2 "Branding" means the promotion of the Event by means of advertising and distinctive design, including but not limited to trademarks and copyrights associated with the Event. 2.3 "Business day"means a day on which City Hal1is open for business. 2.4 "City Parking Spaces"refers to those public`parking spaces located at the Pier Plaza and amphitheater parking(Sixth St.)lots,City beach parking lots(from Seventh Street to Beach Boulevard), Huntington Beach City Hall parking lots (if available), and Main St. parking garage,which are available for public use and not already encumbered or reserved by a law enforcement agency(to provide law enforcement for ay/Event),or a business or organization lease as of May 9, 2023 (such as the valet spaces reserved and leased by Duke's Restaurant located at 317 Pacific Coat Hwy,Huntington Beach C/A 92648). 2.5 "Event," or"Pacific Airshow,"refers to an annual multiday showcase of military and civilian airshow performances pc. Huntington Beach occurring in the Fall. Additional activities that may take place as part of the Event include (but are not limited to) a boat-race around Catalina Island, on-sand entertainment, music and other entertainment. The Event may also include, at the option of Pacific Airshow, a multiday music festival. Any multiday music festival shall be during,,the dates of the Event and shall be subject to the same terms as the overall Event, including/section 11 herein. Pacific Airshow will notify the City and obtain any additional permits ,at least ninety (90) days before the Event. The Event is typically held in the Fall of each year and is anticipated to be held for three days with additional days of practice activities as required by the civilian and military performers (exclusive of the multiday music festival). The/Event is promoted, managed, owned and operated by Pacific Airshow, and hosted by City, pursuant to both the terms of this Agreement as well as an applicable Specific Event Permit. Pacific Airshow will apply for a Specific Event Permit each year prior to conducting an Event. 2.6 `Event Participant" means a person, business or organization that performs, provides services for (inclusive of Vendors), or is showcased in the Event, with the approval of the Pacific Airshow, including but not limited to aircraft pilots and their respective teams. / 2.7 "Unified Command" may include, but is not necessarily limited to, Huntington'Beach Police Department, Huntington Beach Fire Department, Huntington Beach Marine Safety, City Attorney,FBI, FAA, and Coast Guard. 2.8 "Vendor" means any Event participant, performer, service provider, exhibitor or any other persons, businesses and organizations, who are authorized by Pacific Airshow,to offer a product or service,for sale or for giveaway,to Event attendees,and/or engage in some form of promotion to Event attendees, at the Event. Page3of18 211 f* l 3. PERMIT: f 3.1 Grant. As contemplated in Section 2 of the Settlement Agreement, City grants a temporary permit to Pacific Airshow to use the Area, during the term provided for in Section 5, , for the Pacific Airshow to manage and operate the Event(s)pursuant to tile terms of this Agreement and the annual Specific Event Permit. Pacific Airshow shall have the right to conduct at least one(1)Event per year, on dates selected by Pacific Airshow consistent with the terms of this Agreement and each year Specific Event Permit. Nothing herein shall be construed to require Pacific Airshow to conduct the Event in any year during the Term. The City will not contract with or permit another person or entity to promote or operate thOvent(s),or any events of similar nature that include an airshow or aerial performance in the City. 3.2 Disclaimer of Tenancy. Pacific AirshoNy/s not a tenant or lessee or licensee of City and holds no rights of tenancy or leasehoWin relation to the Area. Pacific Airshow shall not be considered to have any possessory interest in the Area, in that the City will maintain control and management of the Area at all timespuursuant to the Specific Events Permit, and Pacific Airshow's use of the Area will not exclude the general public. In consideration of City's grant of this use of the Area,Pacific Airshow specifically and expressly waives,releases, and relinquishes any and all rights to assert any claim of right,privilege or interest in the Area other than the rights expressly granted by both this Agreement as well as an applicable Specific Events Permit. 3.3 Disclaimer of Liability. Pacific Airshow covenants, agrees and warrants that City is not liable for any loss, damages or injury to the person, or property of any person, - whatsoever at any time,occasioned y or arising out of any act or omission of Pacific Airshow, or of anyone acting as the agent, employee,or representative of Pacific Airshow,pursuant to the uses,activities or occupancy provided for by both this Agreement as well as any related Specific Event Permit, except for any loss, damages, or injuries related to or arising out of the City's misconduct or gross negligence. 3.4 Disorderly Persons. Notwithstanding the license provided herein, City shall have the right to refuse entrance to an Event,or remove and eject from an Event,any person associated with an Event or present at an Event, whose conduct, in the reasonable judgment of the City, is disorderly, disruptive or in violation of any law. The indemnification provisions of this Agreement shall apply to any claim or cause of action arising from such refusal or ejectment. 4. TERM AND TERMINATION. As required by the Settlement Agreement, and as specifically modified in this paragraph,this Agreement shall continue in full force and effect for an initial 10-year term starting September 2025 until December 31, 2035, and Pacific Airshow shall have 3 options to renew for additional 5-year terms ("Term"). Exercise of the option to renew shall be provided to the City in writing. This option to renew may be exercised by °acific Airshow, at Pacific Airshow's sole discretion, as early as anytime during the term. 5. Either party may terminate this Agreement if the other party breaches any //material term of this Agreement and fails to cure such breach within thirty(30) days following • written notice thereof, from the non-breaching party to each party and their counsel. / Notwithstanding the foregoing, certain provisions of this Agreement will survive termination Page 4 of 18 212 or expiration of this Agreement where the context or express language of the provision so indicates. 6. AERIAL SAFETY. Safety shall be of primary importance foryall Events. Anyone who flies in a manner and style not considered to demonstrate good airmanship and safety shall be barred from any further Event activities. Pacific Airshow warrants that Pacific Airshow has the duty to ensure that the safety and good airmanship of all Event performers will be observed at all times, and Pacific Airshow shall take any and all steps.necessary, including prohibition of flying, in the event Pacific Airshow determines that goof airmanship and safety are being threatened or compromised. In the absence of a Federal/Aviation Administration monitor or Pacific Airshow supervision, and when City's Unified Command is of the opinion that the Pacific Airshow is unable to fulfill said requirements of good airmanship and safety, the City shall have the full authority, at no cost or expense to/City, as well as at no liability of City to Pacific Airshow, to stop all Event connected activityuntil the unsafe or unsatisfactory condition is corrected. The City's Unified Command's decisions shall be in writing and must be unanimous.Prior to the Unified Command's issuance'�of a decision pursuant to this section, Pacific Airshow shall be notified and have the opportunity to participate in the determination by the Unified Command. Any stoppage or modific,Lion to any Event connected activity shall be coordinated with Pacific Airshow. Subject to this section 6, 7.4, and 9, no Event or Special Event Permit shall be revoked,modified, or cancelled by the City for any reason. 7. SPECIFIC EVENT PERMIT/ 7.1 Requirement.A Specific Event Permit is required for each Event pursuant to Chapter 13.54 of the Huntington Beach Municipal Code. Pacific Airshow shall secure a new Specific Event Permit from the City as'a requirement for conducting any Event Subject to section 7.3, there shall be no liability or damages that may be claimed by Pacific Airshow against the City for Pacific Airshow's failure,to secure a Specific Event Permit. 7.2 Application.Pacific Airshow shall submit to City for review and approval an application for a Specific/Event Permit for each Event desired to be held by Pacific Airshow no less than 90 days and no more than two years before the date proposed for holding a specific Event,notwithstanding any contrary deadlines provided for by the HBMC. 7.3 /Processing. The City will not unreasonably deny an application from Pacific Airshow for a Specific Event Permit for a particular Event consistent with the requirements and' procedures provided for in Chapter 13.54. The City shall not deny an application from Pacific Airshow for a Specific Event Permit to circumvent this Agreement. 7.4 Suspension or Revocation. As required by the Settlement Agreement, a Specific Event Permit issued by City to Pacific Airshow for an Event may be suspended or revoked-upon the written determination by the City's Unified Command of a justifiable health and/or,.'safety issue, provided that Pacific Airshow is notified and consulted prior to any such determination, Pacific Airshow participates in the determination by the City's Unified Command, and any suspension or modification is coordinated with Pacific Airshow. Page 5 of 18 213 A` 7.5 In the event of any inconsistency between this Agreement and an applicable Specific Events Permit,this Agreement shall govern; except by mutual agreement of/ the Parties. 8. EVENT IMPACT. •,''' 8.1 Area Restoration. Pacific Airshow, at its sole cost and expense, upon conclusion of an Event shall promptly and timely restore the Area to its condition as existed - before the commencement of the Event and any Event activities. Such Area restoration duties of Pacific Airshow include but are not limited to immediate cleaning by the Pacific Airshow of the entire Area as well as immediate removal by Pacific Airshow of all trash.,and debris generated or caused by the Event and any Event activities. r, Jr 8.2 Event Damages.Pacific Airshow is responsible for all costs and expenses to repair and/or replace any equipment,facilities or property damaged,including area restoration as provided for in Section 8.1 above, as a result of Pacific Airsliow's use and occupation of the . Area during the term of an Event. Pacific Airshow shall not`be responsible for any expenses, damages, or repairs caused by any third party unless hired*Pacific Airshow. 8.3 Hazardous Substances. Pacific''Airshow shall comply with all federal, state, and local laws and regulations relating to hazardous materials and waste, and shall timely comply with the orders of any governmental agencies relating thereto. Pacific Airshow shall at its own cost and expense remove all flammalfile and hazardous materials and waste as defined by state, federal, or local law immediately at/the conclusion of an Event. Pacific Airshow shall make available for inspection to the City available records relating to the maintenance, release, - mitigation, and cleanup of any hazardous4ubstances on the premises of the Area arising from or caused by the uses provided for in this:&greement. 9. LICENSES AND OTHER PERMITS. Pacific Airshow shall obtain at its own expense and maintain for anyiEvent throughout the term of the Agreement, in its name, all licenses,permits,approvals,releases and other consents,authorizations and filings("Licenses") required by any federal, state, local or applicable governmental or regulatory body (i.e. the f. California Coastal Commission, the California State Lands Commission, the California Department of Transportation and the Federal Aviation Administration) required for - conducting each Event, and shall timely provide copies of all such valid Licenses to the City prior to the commez cement of any Event. If Pacific Airshow is unable to obtain any one or more Licenses necessary to conduct the Event, and the Event must be cancelled or postponed, • the City shall not liable for any damages, however so incurred, by Pacific Airshow by reason of failure to obtain License(s). 9.1 Other Agency Permits and Licenses.City may only issue a Specific Event Permit for areas within City jurisdiction; any permit, license or permission for use of land area • or air space outside of City jurisdiction must be requested by Pacific Airshow with the relevant o outside agency. Approved site maps pursuant to a Specific Event Permit will only constitute approval of the City's portion of the submitted plans. It is the responsibility of Pacific Airshow tVtimely acquire any permits, licenses or permissions from any other local, state, or federal , agency with jurisdiction over any portion of an Event location.Pacific Airshow expressly agrees y may. Page 6 of 18 214 k r l/ , that City bears no responsibility or liability for cancelation, event stoppages, closures/delays, changes, or any other condition caused by any other agency with jurisdiction over the Event or any portion of an Event location. 9.2 FAA Waiver or Authorization. Pacific Airshow shall :provide written verification to City that a valid Certificate of Waiver or Authorization for all phases of the Event has been timely obtained and approved by the Federal Aviation Administration prior to any Event held in the City pursuant to the terms of this Agreement and an applicable Specific Events Permit. 7 9.3 Alcohol. Pacific Airshow shall timely provide copies to City of valid licenses from the Department of Alcoholic Beverage Control as mandated by law as a requirement for any use, that is regulated or controlled by such department, pursuant to this Agreement or an applicable Specific Event Permit. 9.4 Vendors. Pacific Airshow shall timely provide copies to City of valid business licenses for all Vendors participating in each Evvent as a requirement for participating in such Event. Pacific Airshow shall also timely provide copies of valid Orange County Environmental Health permits from the Orange County Health Care Agency for all Food Vendors as a requirement for such Food Vendorsto/participate in an Event. 10. CERTAIN PACIFIC AIRSHOW,/OBLIGATIONS. 10.1 Pacific Airshow shall.comply throughout the term of the Agreement with all applicable federal, state and local laws/and regulations, as well as all applicable rules and regulations established by the City or prior agreements between the City and third parties, both in effect as of the Effective Date and a /both enacted and amended from time-to-time. 10.2 Event Partici ant Liability Waivers. Pacific Airshow shall ensure that each Event Participant executes a,�Bold harmless liability waiver prior to the start of the Event, in a form to be drafted by the iCity, pursuant to which Event Participant assumes the risk of injury, damages, or death, antleases the City from all liability in connection with the Event. 10.3 Public Trust. Pacific Airshow expressly acknowledges that part of the Area for an Event premises may be subject to the Public Trust and must be made available to members of the public for recreation, waterborne commerce, navigation, fisheries, open space, and any other recognJzed Public Trust uses. Further, in no event shall public access be in any way prohibited or restricted beyond the City's jurisdiction including seaward of the mean high tide mark without permission and any required permits of other local, state or federal agencies with jurisdiction./Access to the Pier may not be otherwise impeded without proper approval.Use of the Pier ma not be restricted except as set forth herein, within an applicable Specific Use Permit, and p rsuant to applicable law./ . 10.4 Fire Protection and Aircraft Rescue Equipment. In the event aircraft rescue becomes necessary, the City shall continue to provide its public safety services, while Pacif Airshow shall be responsible for any aircraft salvage as are deemed necessary. Page 7 of 18 215 10.5 Evacuation and Safety Plan. Pacific Airshow shall in consultation with the Unified Command develop an Evacuation and Safety plan for the Event that addresses and mitigates any potential threats to public safety that may reasonably arise from the conduct of an Event, that shall be approved by the Unified Command no later than 10 days prior to the commencement of any Event. r y 10.6 Limited License to Use Event Branding. Pacific Airshow hereby grants to City the limited, revocable, non-assignable, non-sublicensable, non-exclusive license to use and deploy, during the term, Branding for each Event, in all reasonable forms for advertising and marketing, but only to the extent related to promotion of an Event,"and subject in each instance to Pacific Airshow's prior written approval, which will not be unreasonably withheld by Pacific Airshow. , 10.7 Operations, Equipment and Personnel. Except as otherwise provided for- by this Agreement or an applicable Specific Events Permits, Pacific Airshow shall provide for (or cause to be provided) all Event-related equipment( supplies, personnel (including volunteers),training of personnel(including volunteers),Ent manuals/programs,Event set-up and tear down, and all other technical and operational aspects of the Event. City shall provide, at the City's costs, all waste, sanitary, and first aid facilities as are deemed necessary by the Orange County Health Care Agency. 10.8 Event Costs. Except as otherwise provided for by this Agreement or an applicable Specific Events Permits,Pacific Airshiow shall be solely responsible for all expenses and costs necessary for the promotion, management and operation of an Event. 10.9 Local Suppliers. Pacific Airshow shall, to a reasonable extent possible and in compliance with applicable lawsse local suppliers for the promotion,management and operation of an Event. 4/ 10.10 Pacific Airshow shall provide City with the following: 10.10.1yspace for City usage from which City may promote City, such as a booth at an Event location to be determined by Pacific Airshow at Pacific Airshow's sole_ discretion; and i/ 10.10.2 signage (advertising only the City and paid for by the City) at certain locations throughout the Area to be determined at Pacific Airshow's sole discretion; and, / 10.10.3 placement of City's logo on any Event-related material produced by Pacific Airshow at the sole discretion of the Pacific Airshow; and, 10.10.4 placement of City's logo and City's banner advertisements on all Event websites managed or controlled by Pacific Airshow at Pacific Airshow's sole discretion. City's brand guidelines shall be provided by City to Pacific Airshow. Page 8 of 18 216 f/ 11. CERTAIN CITY OBLIGATIONS As required by the Settlement Agreement: -�" 11.1 Annual Event.As set forth herein,Pacific Airshow shall have the right to`' conduct at least one Event per year on dates selected by Pacific Airshow pursuant to the terms and conditions contained in this Agreement. City will work with Pacific Airshow to accommodate the requested dates. To mitigate any potential concerns with the Bolsa'Chica Ecological Reserve, including any nesting seasons, the Event will not be conducted/between March 15th and September 15th of each year. �A,F 11.2 Environmental Review. City at its sole cost and expense,has completed the environmental review process in compliance with the California Environmental Quality Act (CEQA) for the Event and all future events covered within the scope of the Environmental Impact Report(EIR). City will make available to Pacific Airshow the technical studies,reports and work product generated as part of the CEQA process. Once the'EIR is certified and the challenge period is over,any future CEQA requirements necessitated'by a substantive change in scope made by Pacific Airshow shall be at the sole cost and expense of Pacific Airshow. 11.3 Future Environmental Review and Compliance. The existing Environmental Impact Report analyzed the impacts of the'Event for 10 years. Any additional environmental review or compliance, including monitoring or mitigation, necessary pursuant to CEQA within the scope of the existing Project/EIR, shall be paid by the City. If the scope of the Project analyzed pursuant to CEQA change,Pacific Airshow shall pay for all such costs associated with such changes. Any compliance, monitoring, or mitigation/measures, imposed by any regulatory agency including without limitation,mitigation measures,imposed by the Coastal Commission/Coastal Development Permit shall be paid by Pacific Airshow. The City will indemnify, hold harmless, and defend Pacific Airshow from any claims, suits, damages,or costs(including attorney's fees)to third parties arising out of or in connection with CEQA compliance caused, or undertaken by City. City shall not be liable for any/damages,however so incurred,by Pacific Airshow by reason of a lawsuit challenging the environmental review or any provisions of this Agreement. 11.4 Parking. Pursuant to Section 2 b. ii. of the Settlement Agreement as modified herein, City grants Pacific Airshow the exclusive use of and right to monetize the City Parking Spaces, at no cost to Pacific Airshow, during the dates of the Event(s).For clarification purposes,during the dates of an Event,the City Parking Spaces includes any City Parking Spaces Pacific Airshow elects to use or monetize. Pacific Airshow shall also have the exclusive use of up to 600 City Parking Spaces, at no cost to Pacific Airshow, for 14 days prior to dates of an Event for load-in, and 12 days following dates of an Event for load-out as required by Pacific Airshow's operational needs related to an Event (inclusive of any embedded multi-day musical festival). Pacific Airshow shall have discretion over where the operational parking is to be allocated and be granted the exclusive right to operate the Huntington Street entrance to the • beach parking lots as required by their operational needs. Should Pacific Airshow require additional parking above and beyond this allocation,the price shall be set at$10 per City Parking Page 9 of 18 217 G Space per day.During Pacific Airshow's use of City Parking Spaces pursuant to this Agreement, the City shall staff the parking lots with personnel and kiosk attendants at City's expense. 11.5 Beginning in 2030, the City will retain the rate of$10 per,space for each parking space actually sold by Pacific Airshow, up to the total number of City:Parking Spaces available for sale by Pacific Airshow for each Event year. The $10 per space retained by the City shall be automatically increased by the Consumer Price Index each year starting in 2031. 11.6 RV Camping. City grants Pacific Airshow the exclusive use of, control of, and right to monetize any RV Camping in/of the City Parking`Spaces, where such RV Camping is allowed by law, at no cost to Pacific Airshow, during the dates of an Event. F•� Additionally, Pacific Airshow shall have the exclusive use of up"to 15 RV camping spaces for 14 days prior to the dates of an Event for load-in and 12 daysfollowing dates of an Event for load-out, as required by Pacific Airshow's operational needstThe City shall work with Pacific Airshow to ensure that public camping reservations do notinterfere with Pacific Airshow's use and operational needs of the RV camping lot. During/Pacific Airshow's use of RV Camping Spaces pursuant to this Agreement, the City shall staff the lots with personnel and kiosk attendants at City's expense.Beginning in 2030,the City will retain a rate of$100 per RV space for each RV parking space actually sold by Pacific Airshow. The $100 per space retained by the City shall be automatically increased by the onsumer Price Index each year starting in 2031. 11.7 Fees and Costs. f 11.7.1 Pursuant to section 2 b. (iv) of the Settlement Agreement, City shall waive and not require Pacific Airshow to pay City fees and costs(including but not limited to, all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, pollution prevention fees, etc.).-for Pacific Airshow for any such fees and costs incurred in connection with an Event. 11.7,,:2 City shall assist Pacific Airshow in mitigating all 3rd party fees related to public safety and permits (including OC Sheriffs Department fees,'State Park fees, permit fees, etc.), and 3rd party public works, restroom, refuse/trash, and road closure fees, by providing as much of;the services as possible from the City's resources and trade relationships to diminish the need'for 3rd party services. 1 The City shall enact and adopt any necessary rules, policies, and procedures to effectuate the terms and spirit of this Agreement. 12../ INSURANCE. 12.1 Insurance Coverages. Prior to Pacific Airshow commencement of any activities under this Agreement or pursuant to a related Specific Event Permit, and without limiting Pacific Airshow's indemnification obligation to City,Pacific Airshow shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City,for the duration of the applicable Specific Event Permit, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to Page 10 of 18 218 transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,with an assigned policyholders' Rating of A-(or higher)and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover the City and all elected and appointed officers, employees and agents of City, as provided for herein. Not more frequently than once each calendar year, if in the opinion of the City the coverages or,the limits of insurances described herein are not adequate,Pacific Airshow shall increase the limits and/or,;provide such additional coverages as required by the City. Pacific Airshow expressly agrees that City bears no responsibility or liability for cancelation,event stoppages,closures,delays,changes,or any other condition or event caused by Pacific Airshow's inability or delay obtaining the required insurance. 12.1.1 Commercial General LiabilitYInsurance.A policy of commercial general liability insurance,with coverage at least as broad as Insurance Services Office("ISO") form CG 00 01,written on aper occurrence basis for bodily injury,personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended.Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $10,000,000 per occurrence for all covered losses and no less than$10,000,000 general aggregate. 12.1.2 Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Pacific Airshow against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Pacific Airshow in the course of carrying out the work or services contemplated in this Agreement or arising under this Agreement. 12.1.3;'Aircraft Liability. A policy of comprehensive aircraft liability insurance written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall be obtained by the performers and shall include coverage for owned, non-owned, leased, hired aircraft and any aircraft 12.1.4 Subcontractors. In the event Pacific Airshow subcontracts any portion of the promotion, management or operation of an Event, Pacific Airshow shall either: 1) include each,subcontractor as insureds under its policies of insurance required herein; or, 2) Pacific Airshow shall furnish to City all documentation, required herein for Pacific Airshow, for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. 12.2 General Insurance Requirements. 12.2.1 Proof of Insurance,Enforcement and Notice.No activities under this Agreement shall commence until both Pacific Airshow has provided City with insurance ••certificates, endorsement forms and appropriate insurance binders evidencing the above • insurance coverages,as well as said documentation is approved by City. City reserves the right Page 11 of 18 219 l.g. S to inspect complete, certified copies of, and endorsements to, all required insurance policies; at any time.Any failure to comply with the reporting or other provisions of the policies,including breaches or warranties, shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to Section 12.2.2 below), or does not comply with the requirements herein, then: 1)City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Pacific Airshow; or,2) City,notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement and/or revoke the applicable Specific Event Permit, at the sole discretion of the City. Pacific Airshow shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Pacific Airshow's actions or inactions under this Agreement,;and that involve or may involve coverage under any of the required insurance policies. .Y'~ 12.2.2 Cancellation/Amendment. All of herein required policies of insurance.shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10)calendar days prior written notice for nonpayment)to`City.In the event any of said policies of insurance are amended or cancelled, Pacific Airshow shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. ifr: 12.2.3 Additional Insureds.All of the insurance policies herein provided for shall name City and its elected and appointed officers, employees and agents ("City Parties") as additional insureds and such,coverage shall contain no special limitations on the scope of protection afforded to City and City Parties.A severability of interests provision must apply to all additional insureds ensuring that Pacific Airshow's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions. 12.2.4 ;Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance/shall be primary insurance, except for any claims arising out of City's breach of this Agreement, misconduct or negligence, in which case, City's policies of insurance shall be primary. The insurers for above policies, Pacific Airshow and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. For any claims arising out of Pacific Airshow's breach of this Agreement, misconduct or negligence, any insurance maintained by • City or City parties will apply in excess of, and not contribute with, Pacific Airshow's insurance. It?Pacific Airshow maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Pacific Airshow.Any available insurance proceeds in excess - of the specified minimum limits of insurance and coverage shall be available to City and City Parties:None of the coverages required herein will be in compliance with this Agreement if theyrinclude any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any Page 12 of 18 220 coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 12.2.5 Limitations, Self-Insured Retention and Deductibles. Pacific Airshow agrees that requirements herein shall not be construed as limiting in anyway the extent to which Pacific Airshow may be held responsible for the payment of damages to any persons or property resulting from Pacific Airshow's activities or the activities of any person or persons for which Pacific Airshow is otherwise responsible nor shall it limit Pacific Airshow's indemnification liabilities as provided herein. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention. Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City and,City Parties, or Pacific Airshow shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims. 13. INDEMNITY. 13.1 General Obligations. Pacific Airshow agrees,to the full extent permitted by law,to indemnify,protect, defend and hold harmless City(inclusive of City's subsidiaries, , and elected and appointed officers), its employees and agents (and each of their respective directors, officers, employees, contractors, volunteers, representatives, and agents) (each an "Indemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory'claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein"Claims or Liabilities")that may ,f' be asserted or claimed by any person, firm or entity directly arising out of,the work, operations or activities provided herein ;of Pacific Airshow, its officers, employees, agents, or subcontractors,or invitees,or any individual or entity for which Pacific Airshow is legally liable (each an"Indemnitor"and collectively,"Indemnitors"),or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement or of an applicable Specific Event Permit, and in connection therewith: 1) Pacific Airshow will defend any action or actions filed or threatened in connection with any such Claims or Liabilities. and, 2) Pacific Airshow will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities and''will save and hold Indemnitee(s) harmless therefrom. Notwithstanding anything herein,,,Pacific Airshow shall have no duty to indemnify the Indemnitees if the Claims or Liabilities arise out of or in connection with (1) the negligence or misconduct of any third party or (2) any of the Indemnitees' breach of this Agreement, reckless or willful misconduct, or gross negligence. 13.2 Further Provisions. The indemnity obligation herein shall be binding on successors,assigns and heirs of Pacific Airshow and shall survive termination of this Agreement. Failure of City and/or City Parties (collectively "City" for solely this Section 13.2) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to Claims or Liabilities occurring as a result of Page 13 of 18 221 City's negligence or willful misconduct. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act,error or omission,or reckless or willful misconduct of Indemnitors, both arising from Event activities, as well as in the performance of this Agreement and the applicable Specific Event Permit. In the event of any dispute between Pacific Airshow and City,as to whether liability arises from the negligence or willful misconduct of City,each Party will be obligated to pay for its own defense until such time as a final judgment has been entered adjudicating each Party's fault. / 14. ASSIGNMENT, TRANSFER. The benefits under this Agreement shall be granted to and inure to Pacific Airshow, and any affiliate, assignee, transferee, subsidiary or parent of Pacific Airshow,as designated by Pacific Airshow and approved by the City("Pacific Airshow's Designee"). Pacific Airshow shall have the right to assignor transfer the rights and interest under this Agreement to a party of Pacific Airshow's/designation, i.e., Pacific- -• Airshow's Designee, who must be approved by the City. Such approval by the City shall not be withheld, unless five or more of seven members of the,City Council vote to withhold approval. In the event Pacific Airshow notifies City in writing with the name of Pacific Airshow's proposed designee, and the City does not respond to such designation in writing within 45 days of the notification, Pacific Airshow's/proposed designee shall be deemed approved by the City. Notification to City by Pacific,;Airshow shall be in writing to the City Attorney,the City Manager, and each of the members of the City Council. 15. NOTICES. 15.1 Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery,or(iii)mailing in the/United States Mail,certified mail,postage prepaid,return receipt requested, as follows: if f•! If to City: ;' City of Huntington Beach ., 2000 Main Street Huntington Beach, CA 92648 If to Pacific Airshow: Pacific Airshow,LLC 5252 Bolsa Avenue Huntington Beach, CA 92649 15.2 Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 16. FORCE MAJEURE. In the event either Party is prevented from performing any of its obligations,under either this Agreement or an applicable Specific Event Permit,by reason f Page 14 of 18 222 of any event outside of such Party's control,including,without limitation,fire,weather,unsafe conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism, or' other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders,,or regulations ("Force Majeure Event"),then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended.'In the case of cancellation of an Event due to a'Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannot reasonably be rescheduled or relocated within the City, neither Party shall be deemed to be in:breach of this Agreement solely because of such cancellation.Neither any such cancellation,�rescheduling,or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. 17. RELATIONSHIP OF THE PARTIES. The Parties are acting herein solely as independent contractors. Nothing herein contained will create or,he construed as creating a partnership,joint venture,or agency relationship between the Parties.Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker's compensation, and any other requirements for all personnel it supplies in connection with this Agreement.,? 18. GOVERNING LAW.Notwithstanding'rthe place where this Agreement may be executed by either Party, this Agreement and any:claim, controversy, dispute or other matter arising hereunder or related hereto(whether by contract,tort or otherwise) shall be governed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof that would result in the application of the laws of any other jurisdiction. In any litigation arising out of or relating to this Agreement, the Parties agree that venue shall be solely in either the United States District'Court, Central District of California, or a California state court located in Orange County, California. 19. ATTORNEY'S FEES. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall NOT be entitled to attorney's fees. 20. MUNICIPAL POWERS. Nothing contained in this Agreement shall be - construed as a limitation upon the powers and authority of City as a Chartered City of the State of California. 21. RIGHTS AND REMEDIES. The rights and remedies provided by this Agreement are given in addition to any other rights and remedies either Party may have by law, statute,ordinance or otherwise.All such rights and remedies are intended to be cumulative,and the use of any one right or remedy by either Party shall not preclude or waive its right to any or all other rights or remedies. f,022. TIME IS OF THE ESSENCE.Time is of the essence in the performance of each and every provision contained within this Agreement. Page15of18 223 A' 23. DEFAULT.Upon default by either Party in performance of any of the terms and conditions required by this Agreement, the non-defaulting Party may give notice to the defaulting Party and the reasons for the default. The written notice shall include the timeframe„,' in which the defaulting Party may cure the default. This timeframe is presumptively five (5) business days,but may be extended,or reduced,if circumstances warrant,as determined by the non-defaulting Party. Circumstances warranting an immediate timeframe to cure include, but are not limited to, when a default involves either public safety or immediate waste or'damage to property.Any failure on the part of the non-defaulting Party to give notice of the default shall not be deemed to result in a waiver of non-defaulting Party's legal rights or any rights arising out of any provision of this Agreement. 24. NO ORAL OR IMPLIED WAIVERS OR MODIFICATIONS. If either Party fails to enforce any of the provisions of this Agreement or any rights.h'ereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions,,rights or elections or in any way affect the validity"of this Agreement. The failure of either Party to exercise any of these provisions, rights or"elections will not preclude or prejudice such Party from later enforcing or exercising the same or any other provisions, rights or elections which it may have under this Agreement.No.waiver will be of any force or effect unless set forth in a writing signed by the Party whose'right is being waived. Subject to the immediately preceding sentence,no modifications to this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties. 25. ENTIRE AGREEMENT. This Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject matter, supersedes and replaces all prior agreements, arrangements and understandings, written .or oral, between the Parties. Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kind as conditions or inducement to the execution hereof or in effect between the Parties. Notwithstanding anything herein, and except for provisions in express conflict with this Agreement, the Settlement Agreement and General Release dated May 9, 2023, entered between the Parties, shall remain a separate and binding and enforceable contract between the Parties. 26. INTERPRETATION. The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any term,.clause or provision hereof is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term,clause or provision and such invalid term,clause, or provision will be deemed to be severed from this Agreement.Neither this Agreement nor any provision herein will be construed in favor or against either Party based on which Party drafted this Agreement or such provision. 27. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES. No officer or employee of City shall be personally liable to Pacific Airshow, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Pacific Page 16 of 18 224 Airshow or to its successor, or for breach of any obligation of the terms of this Agreement or of an applicable Specific Event Permit. 28. COVENANT AGAINST DISCRIMINATION.Pacific Airshow covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or throughthem, that there shall be no discrimination against or segregation of, any person or group of persons on account of age, sex,race, color,religion, ancestry,national origin or other protected class in the performance of the activities and uses provided for by this Agreement. 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which will be deemed an original binding document but all of which will constitute one and the same instrument. 30. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that(i)such Party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.This Agreement shall be binding upon the heirs, executors,administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE] • Page 17 of 18 225 - - - _ • IN WITNESS WHEREOF, City and Pacific Airshow have executed this Agreement to be effective as of the Effective Date. CITY: CITY OF HUNTINGTON BEACH; a California municipal corporation.and Charter City Mayor, City of Huntington Beach APPROVED AS TO FORM: ,• Mike Vigliotta City Attorney, City of Huntington Beach ,,•-" PACIFIC AIRSHOW: PACIFIC AIRSHOW,LLC, a California limited • liability company [Name] [Title] [Name] [Title] APPROVED AS TO FORM: Attorney for Pacific Airshow,LLC Page 18 of 18 226 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (the "Agreement"), is entered into effective May 9, 2023, by Plaintiff PACIFIC AIRSHOW LLC ("PA") and Defendant CITY OF HUNTINGTON BEACH (the "CITY"). PA and the CITY are collectively referred to as the "Parties." RECITALS WHEREAS, on or about October 1, 2021, an oil rig and connected pipelines located off the coast of Long Beach, California had a breach,spilling oil into the Pacific Ocean("Oil Spill"); WHEREAS, on or about October 21, 2022, PA filed a complaint against the CITY and KIM CARR,an individual, in the civil action now pending in the Orange County Superior Court, styled Pacific Airshow, LLC v. City of Huntington Beach, Case No. 30-2022-01287749-CU-BC- C.IC(the"Action"); WHEREAS, PA alleged five causes of action against the CITY—(1) Breach of Contract; _ (2) Intentional Interference with Contractual Relations; (3) Intentional Interference with Prospective Economic Advantage; (4) Negligent Interference with Prospective Economic Advantage; and(5) Violation of 42 U.S.C. §1983; WHEREAS, the City, on its own behalf and on behalf of its agents, representatives, employees, and assigns, has denied and continues to deny any wrongdoing and any liability in connection with the allegations in the Action; WHEREAS,the Parties now desire to settle any and all claims related to and arising from the Action and enter into this Agreement; WHEREAS,KIM CARR is not a party to this settlement or Agreement; WHEREAS, the Parties freely and knowingly, and after due consultation with their_ respective counsel,enter into this Agreement intending to waive,settle,and release all claims they • have or may have against each other,except as provided herein; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, which incorporate by this reference the Recitals set forth above, the Parties agree as follows: SETTLEMENT TERMS The Parties, and each of them,represent and warrant that they have full authority to enter into this Agreement pursuant to the following terms: 1. Payment for Settlement. In exchange for the promises,release, and consideration herein: a. The CITY shall pay PA Four Million Nine Hundred Ninety-Nine Thousand Page 1 of 9 I Settlement Agreement and General Release 227 Dollars($4,999,000.00)plus inflation interest("Settlement Funds"),as follows: i. $1,999,000.00 due on or before July 31,2023; ii. $500,000.00 due by January 30, 2024; iii. $500,000.00 due by January 30,2025; iv. $500,000.00 due by January 30,2026; v. $500,000.00 due by January 30,2027; vi. $500,000.00 due by January 30, 2028;and, vii. $500,000.00 plus inflation interest due by January 30, 2029. At the CITY's option, the CITY may pre-pay this payment by January 30, 2028, in order for the CITY to avoid the inflation interest. Inflation interest shall be calculated on Jan. 30, 2029 using the "CPI Inflation Calculator" available on the U.S. Bureau of Labor Statistics website (httos://www.bls.gov/data/inflation calculator.htm): "$500,000.00 in March 2023 has the same buying power as $X in Jan. 30, 2029 [or closest date possible]".Inflation interest due under this Agreement shall be the difference between $X and $500,000.00, if'$X is greater than $500,000.00.If$X is less than$500,000,00,inflation interest due under this Agreement shall be 0. In the event the CPI Inflation Calculator is not available on the U.S. Bureau of Labor Statistics website, inflation interest shall accrue and compound annually from March 14, 2023 to January 30,2029,based on the percent change in Consumer Price Index for each year. Notwithstanding anything herein, inflation interest shall not ever be negative under this Agreement—i.e.the minimum payment due under this 7th installment of the Settlement Funds shall not be less than $500,000.00 b. The CITY shall pay the Settlement Funds via wire transfer to a bank account designated by PA; c, The CITY shall forever waive and discharge the Specific Events Invoice in the amount of $194,945.35 related to the 2021 airshow and associated events conducted by PA in the CITY ("2021 Specific Events Invoice"). By this Agreement, there shall be no liability, claim, debt, or obligation against PA related to or arising out of the 2021 Specific Events Invoice, and the CITY forever and fully releases, waives, and settles any and all claims, losses, damages,expenses,or fees,of whatever nature,known or unknown,relating to or arising out of the 2021 Specific Events Invoice; d. The CITY shall refund the fees paid by PA towards the 2022 Specific Events Invoice.The refund shall be provided to PA in the form of a credit in the amount of $149,200.00, which may be applied toward any future Specific Events Page 2 of 9 I Settlement Agreement and General Release 228 Invoice(s) for the benefit of PA or PA's affiliates and/or designees, as elected by PA in PA's sole discretion. e. As with past Air Show Special Events Permits, for the 2023 Air Show Event, the CITY shall waive parking space fees for PA for up to 600 "CITY Parking Spaces" (as defined herein) for usage during the time to prepare/load-in/set up the Air Show, the Air Show performance/event dates, and takedown/load-out; and, PA shall receive from the CITY the parking offset consistent with what PA has received in the past for previous Special Events Permits, in an amount not less than$110,000. 2. Future Air Show Events. In exchange for the promises and consideration herein, the CITY shall provide the following benefits to PA for any and all future airshow events(inclusive of any embedded multi-day musical festival) (hereinafter air show and embedded music festival, if any,together as"Air Show Event")that PA may conduct in the CITY in 2024 and thereafter: a. The CITY has already taken action to commence the process of environmental review,pursuant to California Environmental Quality Act ("CEQA"), for any annual Air Show Event(s) conducted by PA. The CITY will complete this environmental review as soon as practical for future Air Show Events, at its expense. b. If PA desires to conduct future Air Show Event(s) (after 2023), PA and CITY will enter into a separate Air Show Event Agreement after the aforementioned environmental review pursuant to CEQA is complete. That Air Show Event Agreement for future Air Show Events will be based on,and supported by, the completed aforementioned CEQA environmental review, and consistent with the terms of this Agreement. The future Air Show Event Agreement will expressly provide the benefits conferred to PA by the CITY under this Agreement, including Sections 2.b.i.through 2.b.viii. i. PA shall be granted the right and ability to conduct at least 1 Air Show Event per year, on dates selected by PA. PA shall have the exclusive right to conduct and operate the Air Show Event in the CITY. After the completion of the environmental review referenced in Section 2.a. above, PA shall have the exclusive right and ability to conduct annual Air Show Events in the CITY for 10 years starting from 2024, with options to renew this 10 year term up to 3 times,for 3 additional 10 year terms. This option to renew may be exercised by PA, at PA's sole discretion, as early as anytime during the 7th year of any 10 year term. ii. The CITY shall grant PA the exclusive use of and right to monetize up to 3,500 CITY Parking Spaces ("CITY Parking Spaces" is defined as those public parking spaces located at the Pier Plaza & amphitheater parking(Sixth St.)parking lots, CITY beach parking lots, and Main St. parking garage, which are available for public use and not already encumbered or reserved by a law enforcement agency (to provide law Page 3 of 9 I Settlement Agreement and General Release 229 enforcement for the Air Show Event)or a business or organization lease as of the date of this Agreement, such as the valet spaces reserved and leased by Duke's Restaurant), at no cost to PA, during the dates of the Air Show Event(s).For clarification purposes,during the dates of event, the 3,500 CITY Parking Spaces includes any CITY Parking Spaces PA uses for operational needs. Additionally, PA shall have the exclusive use of up to 600 CITY Parking Spaces, at no cost to PA, for 14 days prior to dates of event for load-in, and 12 days following dates of event for load-out as required by PA's operational needs related to the airshow event(inclusive of any embedded multi-day musical festival). PA shall have discretion over where the operational parking is to be allocated and be granted the exclusive right to operate the Huntington Street entrance to the beach parking lots as required by their operational needs. Should PA require additional parking above and beyond this allocation, the price shall be set at $10.00 per CITY Parking Space per day. During PA's use of CITY Parking Spaces pursuant to this Agreement,the CITY shall staff the parking lots with personnel and kiosk attendants at CITY's expense. iii. The CITY shall grant PA the exclusive use of, control of, and right to monetize any RV camping in/of the CITY Parking Spaces at no cost to PA, during the dates of the Air Show Event(s). Additionally, PA shall have the exclusive use of up to 15 RV camping spaces for 14 days prior to the dates of event for load-in and 12 days following dates of event for load-out, as required by PA's operational needs. The CITY shall work with PA to ensure that public camping reservations do not interfere with PA's use and operational needs of the RV camping lot. iv. The CITY shall waive all CITY fees and costs(including but not limited to all public safety fees [marine safety, police, fire, etc.], application fees, permit fees, beach maintenance fees, setup & take-down fees, banner placement fees, public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees, etc.) for PA for any such fees and costs incurred in connection with the Air Show Event(s). v. The CITY shall assist PA in mitigating all 3`a party fees related to public safety and permits(including OC Sheriff's Department fees,State Park fees, permit fees, etc.), and 3" party public works, restroom, refuse/trash,and road closure fees,by providing as much of the services as possible from the CITY's resources and trade relationships to diminish the need for 3"party services. vi. Any Air Show Event shall not be revoked,modified,or cancelled by the CITY for any reason,except by the written determination by the CITY's Unified Command (comprised of, among other possible agencies, Huntington Beach Police Department, Huntington Beach Fire Page 4 of 9 I SeHlement Agreement and General Release 230 Department, Huntington Beach Marine Safety, City Attorney, FBI, FAA, Coast Guard, and other agencies that may comprise the Unified Command)of a justifiable health and/or safety crisis,provided that PA is notified and consulted prior to any such determination by the CITY's Unified Command, PA participates in the determination by the CITY's Unified Command, and any revocation, modification, or cancellation is coordinated with PA. vii. The CITY shall enact/adopt any necessary rules, policies and procedures to effectuate the terms and spirit of this Agreement, specifically including this Section 2. viii. The benefits under this Section 2 shall be granted to and inure to PA, and any affiliate, assignee, transferee, subsidiary or parent of PA, as designated by PA and approved by the CITY ("PA's Designee"). PA shall have the right to assign or transfer the rights and interest under this Section 2 to a party of PA's designation, i.e.,PA's Designee,who must be approved by the CITY. Such approval by the CITY shall not be withheld,unless five or more of seven members of the City Council vote to withhold approval. In the event PA notifies CITY in writing with the name of PA's proposed designee, and the CITY does not respond to such designation in writing within 30 days of the notification, PA's proposed designee shall be deemed approved by the CITY. Notification to CITY by PA shall be in writing to the City Attorney, the City Manager, and each of the members of the City Council. 3. Claims against Amplify Energy Corporation. In the event the CITY pursues any claims or suits related to the Oil Spill against any third party,including without limitation,Amplify Energy Corporation or any shipping company("Oil Spill Action"): a. The CITY shall pay to PA up to a total of$2,000,000 of the CITY's net recovery after attorneys' fees and costs in the Oil Spill Action that are attributable to damages PA sustained. b. Nothing in this Agreement shall affect, modify, limit or restrict PA's standing or right to pursue claims related to the Oil Spill against any third party, including,but not limited to,Amplify Energy Corporation,shipping companies, or other potential tortfeasors. PA expressly reserves all rights and interests in claims against any third parties related to the Oil Spill, including without limitation, claims for economic and/or noneconomic damages, and for loss of goodwill and reputation. c. Nothing in this Agreement shall affect, modify, limit or restrict the CITY's standing or right to pursue claims related to the Oil Spill against any third party, including, but not limited to contribution, apportionment, indemnity or other payments of amounts paid under this agreement from Amplify Energy Corporation, shipping companies, or other potential tortfeasors. The CITY Page S of 91 Settlement Agreement and General Release 231 expressly reserve all rights and interests in claims against any third parties related to the Oil Spill. 4. Dismissal with Prejudice. Within 3 calendar days of PA's receipt of the first payment of$1,999,000 listed under Section 1(a)(i) above, PA shall file with the Orange County Superior Court a Request for Dismissal with Prejudice of the Action as to the CITY. 5. Mutual Release of Claims by the Parties. Except for the obligations set forth in this Agreement, the Parties, and each of them, for themselves and their agents, representatives, parent corporations, shareholders, owners, subsidiaries, affiliated businesses, officers, directors, employees, council members,heirs or assigns,past,present,or future,will and hereby do,forever release and discharge the other Party, and their agents, representatives, parent corporations, shareholders, owners, subsidiaries, affiliated businesses, insurers, officers, directors, employees, attorneys, heirs or assigns, past, present, or future, from any and all causes of action,judgment, liens, indebtedness, damages, losses, claims, liability,and demands of every kind and character • that were or could have been raised in the Action or with the 2021 Specific Events Invoice. KIM CARR is not a released party under this Agreement. 6. Waiver of California Civil Code 4 1542. To effectuate a full and complete general release as described above, the Parties expressly waive and relinquish all rights and benefits of§ 1542 of the Civil Code of the State of California and do so understanding and acknowledging the significance and consequence of specifically waiving § 1542. Section 1542 of the Civil Code of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. • 7. Continuing Jurisdiction. The Parties shall request that the court retain jurisdiction under California Code of Civil Procedure § 664.6 to enforce the terms of this Agreement. 8. Confidentiality. The Parties agree that neither they, their attorneys, agents, or employees shall disclose to any person, directly or indirectly,the terms of this Agreement except as required by State law, and as follows: a. Each of the Parties may disclose to third parties the fact that any disputes between the Parties have been satisfactorily resolved; b. Each of the Parties may disclose information to any accountant or tax advisor to the extent reasonably necessary for the purpose of tax planning and preparation of any tax returns; c. Each of the Parties may respond to any subpoena, court order, or other lawful process compelling disclosure of this Agreement or its terms,provided that prior notice of Page 6 of 9 I Settlement Agreement and General Release 232 any subpoena,court order,or lawful process served on any one of the Parties shall be given to the other Parties to enable such Parties at their sole discretion to take any legal action they deem appropriate. 9. No Admission of Liability. The Parties are entering into this Agreement to compromise disputed claims and to avoid the expense, stress, and uncertainty of continued litigation, and their entry into this Agreement shall not be construed as an admission or finding of liability on the part of any party, which liability is expressly denied. 10. Waiver of Costs. Each of the Parties shall bear his or its own costs and attorneys' fees, if any,and each of the Parties hereby waives their rights, if any,to recover such costs or fees from the other Parties. 11. General Provisions. a. Severability. Should any of the provisions of this Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts,terms or provisions shall not be affected thereby and said illegal or invalid part,term or provision shall be deemed not to be a part of this Agreement. b. Headings. The paragraph headings used in this.Agreement are intended solely for convenience of' reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof. c. Representation by Counsel. The Parties acknowledge and agree that all Parties have been represented by counsel,or had the opportunity to be represented by counsel,and have participated in the drafting of this Agreement. d. Successors. This Agreement shall be binding upon the Parties and upon the Parties' heirs, administrators,representatives,executors,successors,and assigns,and shall inure to the benefit of the other Parties and to their respective heirs, administrators, representatives,executors,successors,and assigns in accordance with Section 2.i. herein. • e. Counterpart and Facsimile. This Agreement may be signed in separate counterparts, with each counterpart having the full force and effect of an original. Any signature to this Agreement shall be deemed an original signature even if the signature is transmitted by facsimile or a pdf. Further,California,Civil Code §§ 1633.1-1633.17 shall apply. f. Affirmation Regarding Claims. Each of the Parties represents and warrants that they are the current owner of any and all claims that they are releasing and that no prior assignment of any such claims has taken place. g. Amendment. This Agreement may not be modified,altered,or changed except upon express written consent of all Parties wherein specific reference is made to this Agreement. Page 7 of 9 I Senlement Agreement and General Release 233 h. Joint Drafting. This Agreement shall be deemed to have been prepared jointly and shall not be strictly construed against any party. i. Voluntary Execution. Each of the Parties has executed this Agreement voluntarily, after consultation with their respective counsel,'with full knowledge of its significance, and with the express intention of it having effect. Each of the Parties has made such investigation of the facts,as each deemed necessary. j. Acknowledgment of Authority. Each person signing this Agreement on behalf of any of the Parties which is an entity, corporation or a limited liability company, represents and warrants that they have the full authority and permission to execute and deliver this document on behalf of the entity for which they are signing, and to bind that entity and that entity's successors and assigns. k. Governing Law. This Agreement shall be governed by, and construed in accordance with,the laws of the State of California without regard to conflict of laws. Any • action or proceeding arising from this Agreement shall be brought and maintained only in a court located in Orange County, California and the Parties agree to,submit to, and agree not to challenge,the jurisdiction of any such court. 1. Good Faith. All Parties hereby expressly covenant to deal with each other in good faith regarding all actions, decisions and conduct relating to this Agreement. THE UNDERSIGNED HAVE READ THE FOREGOING,FULLY UNDERSTAND,AND • AGREE AS SET FORTH HEREIN. PLAINTIFF DATED: May 8 ,2023 A IFIC A S OW LLC • Kevin Elliott CEO APPROVED AS TO FORM FOR PLAINTIFF DATED: May 8 ,2023 ATTORNEY FOR PLAINTIFF PACIFIC AIRSHOW LLC Suoo Lee Page 8 of 91 settlement Agreement and General Release . 234 .__ .. . . - • _ . . .-... .. .,. i 1 . . ,. .. ........ .. ,, .,.,....,.,,, ..„,. . . . ... _...___....,,, FOR AND ON.,13RIAty:9F.ALL DEFENDANTS .-.0 °-t./, H . : . . :pATED: :M4y 6:i 2021 - • ... . . ... .r -e-. . -. ,.''' .'' --'.• :. .: MAY_Qg CITY OF HUNTING.TONBEAai Tony SttioklatO. , ..p.A..v40: May . .-2023. WY, cl,W( CITY OF:HUNTINGTON BEACH ' Robin;EtsolOgo THEUNDER§IGNEDREPREITS.THAT THE.0TY COUNCIL OP THE OITY1OFHUNTINOTONEEACH HAS DULY THIS•$ErtitMENTVITRPAtIFICAIRSHOW.114;'THAT TIM MAYOR AND CITY CLERK OF THE CITY OEHUIiTINGTONfBEACKARE.AUTHORIZEDITOTeyxv7g THE AGREEMENT:ON OF THE CITY.PER CITY cuivg7mts SE 4•Isf 03,',•:,:Pt ' "r-' .THIS: AGREEMENTAVILLOR ADMINISTERED:CONSISIgN3 WITH."0 •V 4e.: .* .PATEP'; MO if: . .....;;021 ''''IlltieVir. i.3.•.- - I ar....5mtvrrik, ... • - ..-. i CITy9F‘- !I. ING. ON BEACH: Al Zothild :t.° OttiOr0,46,'rePel.3;56.%.en:446444 ... ..... ..1W7,1,e', APPROVED*.$TO FORigyoR My OF'EpITINGTON.BEACH:04 1-4Al2-4'*??174" • 1 ..-..- :••• „ • - • •--. 1 DATED:' May I( .,2023 . ' ' : •.••.•ATTORNEY - •• . TYDERUNtING.TON BEACH:. Michael:E34t.g4; .:..... 1 . 1 1 1 - - i . i I Peigi,9-47911•.SettleaizeirtAkitelititirt cputa:Oerir(RelOase. . . i. 235 - S 1 FOR AND ON BEHALF:OE ALL DEFENDANTS, DATED: gay. 7- ,1023 IL2R CITY OF HUNTINGTON BEACH Tony Stricklar:c1 DATED: May ,2013 ATTEST: CIT : CLERK,. CiTY OF'twi•ITNOTON BEACH Robin Est*slat4 THE UNDERSIGNEDREPRESENTS THAT THECITY COUNCIL OF THE CITYiOFHUNTINGTONBEACH ,,HAS DULY AUTHORIZED THIS SETFLEKENT WITH PACIFIC AIRSHOW LLC,THAT THE MAYOR AND, CITY CLERK OF THE CITY OF HUNTINGTON BEACH ARE AUTHORIZED TO EXECUTETHE AGREEMENT ON BEHALF OF THE CITY-PER CITY CHARTERSEenda0S,AND THAT THIS: AGREEmENT WILLBE,ADMINI5TERED COmISTENTWTTH CITYCHARTER. DATED: May ,2023 CITY MANAGER CITY OF.HUNTINGTON BEACH: Al Zan** APPROVED AS TO FORM FOR CITY OF HUNTINGTON:BEACH DATED: May 2023 CITY ATTORNEY CITY OF I.IUNTINOTON.BEACH 'Michael E, Gatess :Pgge.9 010 I.4.'1 t dePle.7Y 4gn.Tmentanc,IGenerai Refrasi 236 Docusign Envelope ID:AEEF7982-BB4E-42C4-A8D3-4B5152C7C26B STATE OF CALIFORNIA GAVIN NEWSOM, Governor CALIFORNIA STATE LANDS EXECUTIVE OFFICE COMMISSION i 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 444 GRACE KATO,Acting Executive Officer 916.574.1800 TTY CA Relay Service:711 or Phone 800.735.2922 6/...c l r4-4,r.,we? from Voice Phone 800.735.2929 or for Spanish 800.855.3000 August 22, 2025 File Ref: SCH #2024020006 Lisa Lane Barnes City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, CA 92648 Connor Hyland Senior Deputy Attorney City of Huntington Beach, Office of the City Attorney 2000 Main Street, Fourth Floor Huntington Beach, CA 92648 VIA ELECTRONIC MAIL ONLY (SupplementalComm@Surfcity-hb.org; connor.hyland@surfcity-hb.orq) Subject: Final Environmental Impact Report for the Pacific Airshow Huntington Beach, Orange County Dear Lisa Lane Barnes and Connor Hyland: The California State Lands Commission (Commission) staff has reviewed the final Environmental Impact Report (FEIR) and responses to comments for the Pacific Airshow Huntington Beach (Project), which is being prepared by the City of Huntington Beach (City), the lead agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). The Commission is a trustee agency for projects that could directly or indirectly affect State sovereign lands and their accompanying Public Trust resources or uses. Additionally, because the Project involves activities on State sovereign land under the Commission's jurisdiction, the Commission will act as a responsible agency for approval of these activities. This letter provides Commission staff comments and concerns regarding the FEIR, which the Commission will rely upon in amending or issuing a new lease for the Project. SUPPLEMENTAL COMMUNICATION Meeting Date: e7/02 Agenda Item No.; )5. Os-- 1,2 3 Docusign Envelope ID:AEEF7982-BB4E-42C4-A8D3-4B5152C7C26B Lisa Lane Barnes and Connor Hyland August 22, 2025 Page 2 ADDITIONAL INFORMATION FOR CITY COUNCIL CONSIDERATION Master Response B: Previous Agency Concerns About the Airshow In this response, the City states: "Several commentors mentioned a video regarding the "airshow's past harm to wildlife." The City is not in possession of a video." [Emphasis added.] It further states: "There have also been comments in letters submitted by the California State Lands Commission, the California Department of Fish and Wildlife, and Carstens, Black & Minteer indicating there have been significant adverse impacts on wildlife and habitat on the Bolsa Chica Wetlands during previous Airshows; however, specific evidence has not been provided as part of this Draft EIR process. Therefore, these comments are noted and included in the Project record. No response is required because the comment neither raises a specific, significant environmental issue nor addresses the contents of the Draft EIR." [Emphasis added.] "The City is not in possession of a video." - This is a disingenuous statement. The Commission provided videos taken by CDFW staff of loud, low 2021 Airshow overflights causing birds to flush to the City of Huntington Beach in response to a Public Records Act (PRA) request by the City in 2023. Proof of delivery of this evidence to the City is provided in the link in this paragraph, including the Commission's letter in response to the PRA and three separate emails providing the link to the video and photographic evidence referred to in the response letter, including acknowledgement of receipt by the city attorney, Michael Gates. (2023 City of HB PRA Materials)' Despite having been provided this evidence, the City, as lead agency, did not include it in the CEQA analysis. Although a lead agency is not required to include all information on an issue, it is required to make a reasonable good faith disclosure. (Association of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383, 1397; Laurel Heights Improvement Ass'n v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 392.) The selective omission of evidence crucial to analyzing the effects of a project violates CEQA. (City of Long Beach v. City of Los Angeles (2018) 19 Cal.App.5th 465, 487-488.) Since 2021 and through 2024, the CDFW on-site management staff at the Bolsa Chica Ecological Reserve have documented the Airshow jet overflight impacts to wildlife by videos and photographs. Staff is including additional video evidence from the 2023 and 2024 Airshows for the City Council's consideration. 1 Full link: https://caslc- my.sharepoint.com/:f:/g/personal/lucinda_calvo_slc_ca_gov/EumgjMVjuRBG17d2AIQ9XhOBIQVp vSR5mvKOrk8GsHe_AA?e=dSegcC Docusign Envelope ID:AEEF7982-BB4E-42C4-A8D3-4B5152C7C26B Lisa Lane Barnes and Connor Hyland August 22, 2025 • Page 3 (2023-2024 Airshow videos link)2 Staff requests the evidence of impacts from the 2023 and 2024 Airshows in addition to the evidence provided for the 2023 PRA request be considered in the EIR analysis prior to certification so that the lead agency meets the CEQA requirement to "use its best efforts to find out and disclose all that it reasonably can" about the project's impacts, rather than strategically omitting evidence demonstrating those impacts. (see People ex rel. Bonta v. County of Lake (2024) 105 Cal.App.5th 1222, 1233, quoting and discussing CEQA Guidelines, § 15144.) Analytical and Data Gaps Affecting Responsible Agency Approval • Staff appreciates the robustness with which the biological monitoring plan is described in Master Response D. The FEIR clearly describes the role and required qualifications of biological monitors, when and where within the Biological Study Area (BSA) biological monitors will be located, what conditions the monitors are there to observe, and actions that may be taken by the monitors (e.g., creating buffers for any nesting special status birds, removal of trash and debris from nest sites or sensitive habitat, and initiating consultation with the City/Applicant to propose an increase in elevation if noticeable changes in behavior of special status species are observed). In addition, the yearly post-Airshow reports will provide transparency to the public and an opportunity to adapt recommendations based on field observations for future Airshows. • There is a logical gap between finding noise impacts (to humans) to be significant and unavoidable while noise impacts to wildlife are found to be Less Than Significant (LTS), rather than Less Than Significant with Mitigation (LTSM). o Specifically, the City has found Noise impacts for the Airshow to be significant and unavoidable. Both aircraft noise and the multi-day music festival would result in exceedances of the City's ambient noise thresholds. In addition, the City found that the music festival would also result in impacts from ground borne vibration and ground borne noise. The mitigation measure proposed to address these impacts, MM N01-1, focuses on the installation of sound barriers to dampen noise and vibration received by sensitive receptors from the music festival. No mitigation is proposed for aircraft noise. While the City has acknowledged that aircraft noise would contribute a significant and unavoidable impact to humans, 2 Full link: https://caslc- my.sharepoint.com/:f:/g/personal/lucinda_calvo_slc_ca_gov/EiZpRBUZEK9OnFR7akIW KVYBOwUf gtLoZOYeV7QaGSkAZw?e=Pka6Ol Docusign Envelope ID:AEEF7982-BB4E-42C4-A8D3-4B5152C7C26B Lisa Lane Barnes and Connor Hyland' August 22, 2025 Page 4 the City also found that impacts to biological resources from noise would be less than significant, and in FEIR responses to comments states, "Worth noting, the biological monitoring that occurred from 8:00 am to 4:30 pm during the first two days of the 2023 Airshow (September 29, 2023, and September 30, 2023) did not detect noise-related impacts to sensitive species during flyovers or the presence of nests." Staff believes that the video and photographic evidence discussed in the Additional Information for City Council Consideration (above) provides substantial evidence beyond the 2 days from the 2023 Airshow which should have been used to inform the FEIR analysis of noise impacts to special status species. The available evidence suggests that a potentially significant impact to wildlife should occur if significant and unavoidable impacts were found for humans, particularly since the City has stated in the FEIR (page 3-48) "Wildlife that is more sensitive to human disturbances and noise may be deterred by the Project related activities" and "Sound pollution and repeated overhead flyovers can pose a threat to wildlife or harass wildlife species when they occur directly over an occupied area causing bird populations to take flight each time a plane or low flying aircraft fly over." The potentially significant impact to wildlife could be reduced to LTSM through compensatory mitigation, such as a CDFW incidental take permit which might include funding projects or activities within or near the Bolsa Chica Ecological Reserve to benefit the affected special status species. • The 2023 Airshow biological monitoring information referenced in the FEIR is included with Master Response D (page 3-7) but was not provided as an appendix or directly incorporated into the Biological Resources Technical Report (Appendix D). Staff requests a copy of this report for our Responsible Agency analysis. • The FEIR proposes several activities for post-2025 airshows that are either not analyzed in the FEIR or only mentioned in a few resource areas. The nature of the activities would suggest that they would take place below the mean high tide line and in Commission jurisdiction. The following activities are either not included in the FEIR or do not include sufficient detail for the Commission, as a responsible agency,.to rely upon the document for issuance of a potential lease. If this information is not included in the certified EIR, then the Commission may need to conduct subsequent environmental review before taking a future discretionary action related to the Project. Alternatively, Commission staff would need to consider specifically excluding these activities from a potential future lease. These activities include: Docusign Envelope ID:AEEF7982-BB4E-42C4-A8D3-4B5152C7C26B Lisa Lane Barnes and Connor Hyland August 22, 2025 Page 5 o Pyrotechnic Daily and Nightly Shows: Described in the EIR as "Both daily and nightly shows may be discharged by aircraft, the Huntington Beach Pier, or an ocean barge. Nightly pyrotechnic shows will conclude by 11:00 PM" (page 2-9; 2.6.1 Historic and Future Airshow Activities and Events Schedule). The pyrotechnic/fireworks shows are briefly discussed in Air Quality (Section 3.1) and Noise (Section 3.4) and the EIR states "During the Airshow events, the temporary Airshow pyrotechnic display would occur over water, similar to the City's annual 4th of July Fireworks Over the Ocean and would not result in permanent effects on the environment". However, the pyrotechnics/fireworks are proposed to potentially take place over Commission jurisdiction through a variety of proposed methods that are neither fully described in the project description nor analyzed. For example, if an ocean barge were to be used, information such as anchor locations and methods should be known, impacts to biological resources, water quality, and hazards and hazardous materials should also be analyzed and included in the EIR. Thank you for the opportunity to comment on the FEIR for the Project. As a responsible and trustee agency, the Commission will rely on the Final EIR in amending or issuing a new lease. Staff requests that you consider these comments before certifying the FEIR. Please send electronic copies of the Final EIR (if revised), Mitigation Monitoring and Reporting Program, Notice of Determination, approving resolution, CEQA Findings, and Statement of Overriding Considerations when they are final. Refer questions concerning environmental review to Robin Tuohy, Environmental Scientist, at Robin.Tuohy@slc.ca.gov. For questions concerning Commission leasing jurisdiction, please contact Jeffrey Plovnick, Public Land Management Specialist, at Jeffrey.Plovnick@slc.ca.gov. Sincerely, ESigned by: Ata,C<_,/4t0- 3F64C8A814C349C... GRACE KATO Acting Executive Officer cc: Seth Blackmon, Chief Counsel, Commission Wendy Hall, Special Projects, Commission Nicole Dobroski, Chief of DESPM, Commission From: 1251 To: suoDlementalcomm(a)surfcity-hb.org;CITY COUNCIL(INCL.CMO STAFF1 Subject: Air Show items on cc 9/2/25 agenda Date: Friday,August 29,2025 2:42:40 PM Some people who received this message don't often get email from pag0424@gmail.com.Learn why this is important Dear Council members: The State Auditor is in litigation with the City to obtain access to air show settlement documents in part to ascertain the appropriate expenditure of public funds. I don't understand how you can move forward with any further expenditures until the legitimacy of that settlement is obtained. Please move to permit the State Auditor access and delay further payments. Thank you for your consideration, Pat Quintana SUPPLEMENTAL COMMUNICATION Meeting Date: '1/2 /2.- Agenda Item No.: Is 1025—1123) From: marl beth vierra To: 5uoolementalcomm(a)surfcity-hb.orq Subject: City Council Meeting 9/3/2025 Date: Monday,September 1,2025 7:58:10 AM You don't often get email from maribethsellsoc@gmail.com.I earn why this is important Hello. I am a longtime resident of Huntington Beach. As a citizen and registered voter, I wish to express my opposition to the following: 1. I am opposed to the Pacific Airshow on the basis of economic and environmental impact. 2. I am opposed to the use of aerial flashbangs and "blast balls" for critical incident response as this only aggravates difficult situations and encourages violence. 3. I oppose any efforts by the City of Huntington Beach to interfere with the Special Election for Redistricting. Thank you. Mari Beth Vierra CA Realtor Appraiser 714/747-9690 From: Elizabeth SanFili000 To: CITY COUNCIL(INCL,CMO STAFF1;suoolementalcomml surfcity-hb,orq Subject: Airshow Concern--Environment and Taxpayer Money Date: Monday,September 1,2025 2:45:22 PM I am a Huntington Beach resident for over 40 years and a homeowner. I am concerned about the City's financial support for the Airshow. This is a for profit business and it should not be subsidized by city funds;this is a misuse of taxpayer money. Further, I am concerned about the environmental impact of the Airshow. The Airshow must be compliant with all state laws and regulations regarding the environment as well as air safety. Thank you for your consideration. Elizabeth San Filippo From: Paula Schaefer To: CITY COUNCIL(INCL.CM0 STAFF);city.managerCa surfcity-hb.org;suoolementalcommCa)surfcity-hb.org; mike.vigliottaesurfcity-h b.org Subject: VOTE NO on all Pacific Airshow actions 9/2/2025 Agenda Item 25-623 Date: Friday,August 29,2025 4:46:23 PM Council Members, City Manager, and City Attorney VOTE NO on the Pacific Airshow I encourage you to come to your senses and vote NO to any additional airshows promoted by Kevin Elliott, Pacific Airshow LLC (PA), or Code Four. Mr. Elliott and PA have failed for a number of years to obtain the necessary permit from the CA Coastal Commission, as we all learned via the recently held CCC meeting. His company has agreed to pay approximately $247,000 as a penalty for prior failures and the most recent request- due late 2024, was submitted late again. This is obviously an organization that does not carefully follow the law and yet has been allowed to pursue additional airshows in Huntington Beach, and if the Event Agreement is approved, PA will be allowed to continue for years. As evidenced by the Airshow Event Agreement,the City is agreeing to give over an extraordinary amount of money to PA. WHY? A brief summary of the "giveaways" are: 1) exclusive use and monetization rights for City parking, 2)waiving City fees and costs for all public safety fees such as marine safety,police, fire, etc., application fees,permit fees,beach maintenance fees, setup &take-down fees, banner placement fees,public works, electrician/electrical, and restroom maintenance/cleaning fees, road and street closure fees,pollution prevention fees; 3)assisting PA by mitigating third-party costs by providing City resources for public safety, public works, and operational needs when possible; 4)paying for the EIR,which is normally an expense of the event promoter; and 5) authorizing an additional $250,000 for environmental mitigation monitoring, again normally an promoter's expense. It is of questionable legal validity that the City is agreeing to indemnify PA for CEQA challenges caused or undertaken by the City and to add insult to injury,the Agreement allows PA to sell the rights to the event and stick future City Councils with this one-sided agreement. I did notice that you've taken care of yourselves though with Paragraph#27. What is the City receiving? PA continues to tout that the "region" receives between $70 and $120 million dollars in economic benefit from a 3 day event. Tell your friends at PA to prove these numbers. I beg you to provide even a modicum of data to support these numbers. Paula A. Schaefer (k_i-r„) ridun1n..;; /sil-2s S'h /ems NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, August 19, 2025, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: ENVIRONMENTAL IMPACT REPORT (EIR) NO. 25-003 (PACIFIC AIRSHOW HUNTINGTON BEACH) Applicant: Pacific Airshow, LLC Request: EIR No. 25-003 (SCH#2024020006) analyzes the environmental impacts associated with the Pacific Airshow. The Pacific Airshow would provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area (and perhaps beyond) and features civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene (ABS) foundation (stadium flooring) or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and aerial competitions and drone shows, displays of other emerging aviation/mobility technology, and visitor-serving entertainment, services, and amenities (e.g., variety of viewing areas, vehicle and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music entertainment, wave pool surf competitions, skateboard and bicycle motocross (BMX) bowl competitions, sandcastle building competitions, art installations, and pyrotechnic shows). Future Airshows are anticipated to be held annually for three (3) days to up to five (5) days, generally Friday through Sunday or up to Wednesday through Sunday, with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The Project would include an event program for the continuation of the Airshow for up to ten (10) additional years beginning from year 2024 through 2035 as permitted by the City's Specific Event Permit Process. The City Council will also consider a contract with the applicant to operate the Pacific Airshow as described in the EIR. Location: Huntington City Beach (Orange County) The Show Center Area is the location where primary on-the-ground events and activities of the Airshow take place. Locally, the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway (State Route 1 or SR-1) to Beach Boulevard (State Route 39 or SR-39) and Pacific Coast Highway to the Pacific Ocean including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line. The Airshow Performance Area, the primary area for civilian and military aircraft flybys and aerial acrobatics, is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north- south length of approximately 12,000 feet City Contact: Connor Hyland Connor.Hyland(a�surfcity-hb.orq. NOTICE IS HEREBY GIVEN that the initial environmental assessment for the Pacific Airshow was processed and completed in accordance with the California Environmental Quality Act. It was determined that the Pacific Airshow could have a significant environmental effect and, therefore, an Environmental Impact Report (EIR) is warranted. EIR No. 25-003 is on file at the City of Huntington Beach Community Development Department, 2000 Main Street, and is available for public inspection and comment by contacting the Community Development Department, by telephoning (714) 536-5271, or the City's website at the following link: https://cros3.revize.com/revize/huntingtonbeachca/Documents/Departments/Community%20De velopment/Environmental%20Reports/Draft%20EIR%20with%20Appendices OCR%20(1).pdf. NOTICE IS HEREBY GIVEN that a copy of the Final EIR, including written responses to comments received on the Draft EIR, will be made available to the public 10 days prior to certification of the EIR (by August 8th) on the City's website at the following link: https://www.huntingtonbeachca.gov/business detail T9 R677.php. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday, August 14, 2025. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Lisa Lane Barnes, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.qov/HBPublicComments/ Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:gnOhiwrPmvllJKlxaaMY I Proof Updated:Jul.31,2025 at 02:21pm PDT Notice Name:cc 081925 I Publisher ID:0011749182 FILER FILING FOR See Proof on Next Page Kimberly De Coite Huntington Beach Wave kdecoite@surfcity-hb.org (714)536-5276 Columns Wide: 5 Ad Class: Legals 08/07/2025:City Notices Notice 597.88 Subtotal $597.88 Tax% 0 Total $597.88 cc 081925 - Page 1 of2 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF'THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, August 19, 2025, at 6:00 PM'1n the City Council Chambers,2000 Main Street; Huntington Beach,the City Council will hold a public hearing on the following item: EN_V_I RON M ENTAL(MPACLR E P_OR_'UE I R)_NO.25_0O3_(PACIF_IC_A I RSHO W_H U NTLNGTO N BEACH) Applicant: Pacific Airshow, LLC Request: EIR No. 25-003 (SCH#2024020006) analyzes the environmental Impacts associated with the Pacific Airshow. The Pacific Alrshow would provide a spectacle-scale airshow In Huntington Beach that attracts attendees throughout the Southern California:area (and perhaps beyond) and features civilian and military aircraft flybys'and aerial acrobatics, air racing, helicopter and aircraft landing/runway dlsplays.comprlsed of temporary acrylonitrile butadlenestyrene-(ABS)foundation(stadium flooring)or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and aerial competitions and drone shows, displays of other emerging aviation/mobility technology, and visitor- serving entertainment, services, and amenities (e.g., variety of viewing areas, vehicle and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music'entertainment, wave pool surf competitions, skateboard and bicycle motocross (BMX)- bowl competitions, . sandcastle building competitions, art installations, and pyrotechnic shows). Future Airshows are anticlpateci to be held annually for three (3) days to up to five (5) days, generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and.fiight practice flyovers beginning as early as Monday of the week of the Airshow.The.Prolect would include an event program for the continuation of the.Airshow for up to ten (10)-additional.years beginning'from year 2024 through 2035 as permitted by-the-City's'Specific Event Permit Process.Tile City Council will also consider a contract with theappllcant,to operate the Pacific Airshow as described 1n the EIR. Location: Huntington City Beach (Orange County) The Stiow Center Area Is the location'where primary on-the-ground events and activities of the Airshow take place..Locally,the approximate boundaries'of the-Show-Center Area from northwest to southeast are 7th'Street and Pacific Coast Highway (State Route 1 or SR-1) to Beach Boulevard'(State Route 39 or SR-39) and Pacific Coast Highway.to the Pacific Ocean including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line.The Airshow Performance-Area,the primary area for civilian and military aircraft flybys and aerial acrobatics,is located adlacent to the Show Center-Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north-south length of approximately 12,000 feet City Contact:Connor Hyland Connor.Hyland@surfclty-hb.org NOTICE IS HEREBY GIVEN that the initial environmental assessment for the Pacific Airshow was processed and completed in accordance-with the California Environmental Quality Act. It was determined that tile_Pacific Airshow could have a significant environmental effect and,therefore, an Environmental Impact Report (El R)is warranted.E l R No.25-0031s on file at the City of.Huntington Beach Community Development Department,2000 Main Street,.and Is available for public Inspection and comment by contacting the Community.Development Department, by telephoning (714) 536-5271, Cr the City's website at the following link: https:/cros3.reVize.corm/ revize/huntingtonbeacilca/Documents/Departments/Communit"20Development/ Environmental%20Reports/Draft%20E I R%2owith%20Appendices_OCR%20(1):pelf. NOTICE IS.H EREBY GIVE N'that a copy of the Final E I R,including written responses to comments received on tile Draft El R,will be made available to the public 10 days prior to certification of the El R (by August 8 th on.the City's website at the following link: https://www.huntingtonbeachca.gov/business_cletall T9_R677:php QN_ELL.E: A copy of the proposed request is on file in the Community Development Department,2000 Main Street, Huntington Beach, California 92648,for inspection by the public.A copy of the staff report will be available to interested parties at the City Clerk's Office or online.at http://www.huntingtonbeachca.gov on Thursday,August 14, 2025. ALL INTERESTED PERSONS'are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action In court,you may be limited to raising only those Issues you or someone else'raised:at the public hearing described in this,notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any.further questions please call the Community Development Department at (714) 536-5271 and refer to tine above Items. Direct your written communications to the City Clerk. Lisa Lane Barnes,.Clty Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,California 92648 714-536-5227 http://huntingtonbeachca.gov/HB.PublicComments/ Huntington Beach Wave Published:8/7/25 cc 081925 - Page 2 of 2 INCLUDES THE FOUNTAIN VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Account Number: 5196687 Ad Order Number: 0011749182 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 08/07/2025 Total Amount: $597.88 Payment Amount: $0.00 Amount Due: $597.88 Notice ID: gnOhiwrPmvllJKlxaaMY Invoice Text: NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday,August 19, 2025, at 6:00 PM in the City Council Chambers,2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: ENVIRONMENTAL IMPACT REPORT(EIR)NO. 25-003(PACIFIC AIRSHOW HUNTINGTON BEACH) Applicant: Pacific Airshow, LLC Request: EIR No.25-003(SCH#2024020006) analyzes the environmental impacts associated with the Pacific Airshow.The Pacific Airshow would provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area(and perhaps beyond)and features civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene(ABS)foundation(stadium flooring)or wood or aluminum flooring,electric vehicle(EV)and drone displays with hangars and aerial competitions and drone shows,displays of other emerging aviation/mobility technology, and visitor-serving entertainment, services,and amenities(e.g.,variety of viewing areas,vehicle and aircraft demonstrations and displays, illustrations,flight simulations, merchandise tents, concessions,food trucks, live music entertainment,wave pool surf competitions, skateboard and bicycle motocross(BMX)bowl competitions,sandcastle building competitions, art installations,and pyrotechnic shows). Future Airshows are anticipated to be held annually for three(3)days to up to five(5)days, generally Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week cc 081925 - Page 1 of 2 See Proof on Next Page INCLUDES THE FOUNTAIN d VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 714)796-2209 2000 Main Street,Attn: Human Resources Huntington Beach, California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 0810712025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date:Aug 7,2025. Conifee S. .ture CC 081925 - Page 1 of 2 NQTICE QE�ILBLIC_HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, August 19, 2025, at 6:.00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public hearing on the.following item: ENVIRONMENTAL_IMP_ACT REi'ORT(EIR)_N0.25-003_(P_ACIFLC_AIRSROWJ4.U.NTJNGiON B_RACH)-Applicant; Pacific Airshow, LLC RestEIR No. 25-003 (SCH#2024020006) analyzes the environmental impacts associated with the Pacific Airshow. The Pacific Airshow would.provide a spectacle-scale airshow In Huntington Beach that attracts attendees throughout the Southern California area (and-perhaps beyond) and features civilian and military aircraft flybys and aerial acrobatics, air.racing; helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadlene styrene(ABS)foundation(stadium flooring)or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and.aerial competitions and • drone shows, displays of other emerging aviation/mobility technology, and-visitor- serving entertainment, services, .and .amenities (e.g., variety of viewing areas, vehicle'and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music entertainment,.wave pool surf competitions, skateboard and bicycle motocross (BMX) bowl competitions, sandcastle building competitions, art installations, and pyrotechnic shows). Future Airshows are anticipated to be held annually-for three (3)days to up to five (5)-days, generally-Friday through Sunday or up to Wednesday through Sunday,with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow.The Prolect would include an event program for the continuation of the Airshow for up to ten-(10) additional.years beginning from year 2024 through 2035 as permitted by the City's Specific Event Permit Process.The City Council will also consider a contract with the applicant to operate the Pacific Airshow as described In the EIR.Location: Huntington City Beach (Orange County) The Show Center Area is the location where primary on-the-ground events and activities of the Alrshow take place. Locally,the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway (State Route 1 or SR-1) to Beach Boulevard (State Route 39 or SR-39) and Pacific Coast Highway to the Pacific Ocean including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line.Il1eAir5119_W.Rer_farintaoce Arm.,the primary,area for civilian and military aircraft flybys and aerial acrobatics,Is located adlacent to the Show Center Area over the Pacific Ocean with an east-west-length of approximately 3,000 feet-from the shoreline and a north-south length of approximately 12,000 feet City Contact:Connor Hyland Connor.HYland@surfclty-hb.org. NOTICE IS HEREBY GIVEN that the initial environmental assessment for the Pacific Alrshow was processed and completed in accordance with the California Environmental Quality Act. It was determined.that the.Pacific Airshow could have a significant environmental effect and,-therefore,an Environmental Impact Report (El R)is warranted.E I R No.25-0031s on file at the City of Huntington Beach Community Development Department,2000 Main Street,and is.avaiiable for publicinspection.and comment by contacting the Community Development Department, by telephoning revile/huntinstonbeachca/Documents/Departlnents/Community%20Development/ Environmental%20Reports/Draft%20E I R%20w1th%20Appendices_OCR%20(1).pdf NOTICE iS HEREBY GIVEN that a copy of the Final-El R,including written responses to comments received on the Draft E I R,will he made available to the public 10 clays prior to certification-of.the El R.(by-August 8 th on the City's website at the following link: hops://www.huntingtonbeachca.gov/business_detall_T9_R677.php.. QN_ELLE-: A copy of the proposed request is on file in the Community Development Department,2000 Main Street; Huntington Beach, California 92648,for inspection by the public.A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday,August 14, 2025. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence-for or against the application as outlined above. if you challenge the City Council's action in court,-you may be limited to raising.only those issues you or someone else raised at the public-hearing clescribed;ln this notice, or in:written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community-Development Department at.(714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Lisa Lane-Barnes,City Clerk • City of Huntington Beach 2000 Main Street;2nd Floor Huntington Beach,California 92648 714-536-5227- hftp://hantingtonqeachca.gov/HBPublicComments/ Huntington Beach:Wave Published:-8/7/25 cc 081925 - Page 2 of 2 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, August 19, 2025, at 6:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: ENVIRONMENTAL IMPACT REPORT (EIR) NO. 25-003 (PACIFIC AIRSHOW HUNTINGTON BEACH) Applicant: Pacific Airshow, LLC Request: EIR No. 25-003 (SCH#2024020006) analyzes the environmental impacts associated with the Pacific Airshow. The Pacific Airshow would provide a spectacle-scale airshow in Huntington Beach that attracts attendees throughout the Southern California area (and perhaps beyond)and features civilian and military aircraft flybys and aerial acrobatics, air racing, helicopter and aircraft landing/runway displays comprised of temporary acrylonitrile butadiene styrene (ABS) foundation (stadium flooring) or wood or aluminum flooring, electric vehicle (EV) and drone displays with hangars and aerial competitions and drone shows, displays of other emerging aviation/mobility technology, and visitor-serving entertainment, services, and amenities (e.g., variety of viewing areas, vehicle and aircraft demonstrations and displays, illustrations, flight simulations, merchandise tents, concessions, food trucks, live music entertainment, wave pool surf competitions, skateboard and bicycle motocross (BMX) bowl competitions, sandcastle building competitions, art installations, and pyrotechnic shows). Future Airshows are anticipated to be held annually for three (3) days to up to five (5) days, generally Friday through Sunday or up to Wednesday through Sunday, with aircraft flight familiarization and flight practice flyovers beginning as early as Monday of the week of the Airshow. The Project would include an event program for the continuation of the Airshow for up to ten (10) additional years beginning from year 2024 through 2035 as permitted by the City's Specific Event Permit Process. The City Council will also consider a contract with the applicant to operate the Pacific Airshow as described in the EIR. Location: Huntington City Beach (Orange County) The Show Center Area is the location where primary on-the-ground events and activities of the Airshow take place. Locally, the approximate boundaries of the Show Center Area from northwest to southeast are 7th Street and Pacific Coast Highway (State Route 1 or SR-1) to Beach Boulevard (State Route 39 or SR-39) and Pacific Coast Highway to the Pacific Ocean including a portion of the Huntington Beach Pier landward of the State Lands Commission mean high tide line. The Airshow Performance Area,the primary area for civilian and military aircraft flybys and aerial acrobatics, is located adjacent to the Show Center Area over the Pacific Ocean with an east-west length of approximately 3,000 feet from the shoreline and a north- south length of approximately 12,000 feet City Contact: Connor Hyland Connor.Hyland(asurfcity-hb.orq. NOTICE IS HEREBY GIVEN that the initial environmental assessment for the Pacific Airshow was processed and completed in accordance with the California Environmental Quality Act. It was determined that the Pacific Airshow could have a significant environmental effect and, therefore, an Environmental Impact Report (EIR) is warranted. EIR No. 25-003 is on file at the City of Huntington Beach Community Development Department, 2000 Main Street, and is available for public inspection and comment by contacting the Community Development Department, by telephoning (714) 536-5271, or the City's website at the following link: https://cros3.revize.com/revize/huntingtonbeachca/Documents/Departments/Community%20De velopment/Environmental%20Reports/Draft%20EIR%20with%20Appendices OCR%20(1).pdf. NOTICE IS HEREBY GIVEN that a copy of the Final EIR, including written responses to comments received on the Draft EIR, will be made available to the public 10 days prior to certification of the EIR (by August 8th) on the City's website at the following link: https://www.huntingtonbeachca.cgov/business detail T9 R677.php. ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or online at http://www.huntingtonbeachca.gov on Thursday, August 14, 2025. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Community Development Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Lisa Lane Barnes, City Clerk City of Huntington Beach 2000 Main Street, 2' Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.qov/HBPublicComments/ PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on August 5, 2025, I served the foregoing documents described as: Notice of Public Hearing Before the City Council of the City of Huntington Beach— Environmental Impact Relief Report (EIR) No. 25-003 (Pacific Airshow Huntington Beach)"on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: 60 Addresses — see label list a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed-August 5, 2025, at Huntington Beach, California. Senior Deputy City Clerk g:/followup/letters/proof of mailing.doc AVERY�. 5960" Easy Peel""Address Labels I Go to avery.com/templates V I Bend along line to expose Pop-up Edge I Use Avery Template 5160 1 1 2 i 3 HB Chamber of Commerce i Orange County Assoc.of Realtors j Amigos De Bolsa Chica President Dave Stefanides President 16787 Beach Blvd.Unit202 25552 La Paz Road PO Box 1563 Huntington Beach,CA 92647 Laguna Hills,CA 92653 j Huntington Beach,CA 92647 5 CPI�S�dN/ L,6i p Huntington Beach Tomorrow President PO Box 865 Huntington Beach,CA 92648 • 8// i/25 540///ilie ikon' 10 Huntington Harbor POA ��,e_o�-003 16899 Algonquin St,Suite C j � I Huntington Beach,CA 92649 O;/� 44hou ff13 19 j 19 20 O.C.Ping.&Dev.Services Dept. O.C.Planning&Develop.Dept. City of Costa Mesa Director j Michael Balsamo Planning Director P.O.Box 4048 P.O.Box 4048 P.O.Box 1200 I Santa Ana,CA 92702-4048 Santa Ana,CA 92702-4048 I Costa Mesa,CA 92628-1200 • j 23 i City of Fountain Valley 21 City of Newport Beach 22 City of Westminster Planning Director Planning Director Planning Director 10200 Slater Ave. P.O.Box 1768 8200 Westminster Blvd. Fountain Valley,CA 92708 Newport Beach,CA 92663-8915 Westminster,CA 92683Newport Beach,CA 92663-8915 24 25 25 City of Seal Beach California Coastal Commission California Coastal Commission Planning Director Teresa Henry,South Coast Area Office South Coast Area Office 211 Eighth St. 200 Oceangate, 10th Floor 301 E.Ocean Blvd.,Suite 300 Seal Beach,CA 90740 Long Beach,CA 92802-4302 Long Beach,CA 90802 26 28 , Department of Transportation,Dist. 12 j Huntington Beach Post Office Scott Shelley,Senior Planner New Growth Coordinator 1750 E 41'Street Unit100 6771 Warner Ave. Santa Ana,CA 92705 Huntington Beach,CA 92647 29 29 30 Fountain Valley School District Fountain Valley School District HB City Elementary School District Dr.Mark Johnson,Superintendent Rina Lucchese,Executive Assistant Leisa Winston,Ed.D.,Superintendent 10055 Slater Avenue 10055 Slater Avenue i 8750 Dorsett Dr. Fountain Valley,CA 92708 Fountain Valley,CA 92708 Huntington Beach,CA 92647 Y I t 30 31 31 HB City Elementary School District Dr.Michael Conroy,Ed.D Ocean View School District Cynthia Guerrero,Ed.D Deputy Superintnedent,Administrative Services 17011 Beach Blvd,Ste 560 Attn:Cindy Pulfer,Admin.Services Ocean View School District i Huntington Beach,CA 92647 17200 Pinehurst Lane 17200 Pinehurst Lane Huntington Beach,CA 92647 Huntington Beach,CA 92647 • 32 32 33 Westminster School District Westminster School District HB Union High School District Manuel Cardoso,Assistant Superintendent Dr.Gunn Marie Hansen,Superintendent Jeff Starr,Assistant Superintendent 14121 Cedarwood Avenue 14121 Cedarwood Street 5832 Bolsa Avenue Westminster,CA 92683 Westminster,CA 92683 Huntington Beach,CA 92649 • I Etiquettes d'adresse Easy Peel- : Allez a avery.ca/gabarits Pat:avery.com/patents • • .. . •� - • AVE RYs 5960" i Easy Peel®Address Labels Go to avery.com/templates Bend along line to expose Pop-up Edge I Use Avery Template 5160 State of California-Natural Resources Agency Amigos de Bolsa Chica Department of Fish and Wildlife City of Seal Beach Attn:Mevin L. Nutter,President South Coast Region Environmental Quality Control Board P.O.Box 1563 Attn:Victoria Tang,Env.Program Manager 211 Eight Street Huntington Beach,CA 92647 3883 Ruffin Road Seal Beach,CA 90740 San Diego,CA 92123 California Coastal Commission City of Costa Mesa Coastal Corridor Alliance Attn:Seth Villanueva,Analyst Econ&Dev Services Department Attn:Terry Welsh, President South Coast Area Office 77 Fair Drive 301 E.Ocean Blvd,Suite 300 Costa Mesa,CA 92626 P.O.Box 15333 Long Beach,CA 90802 Attn:Carrie Tai,Director Newport Beach,CA 92659 California Department of Transportation I Costa Mesa First Schelly Sustarsic Attn:Scott Shelley,Branch Chief Attn:Richard J.Huffman,Treasurer 4288 Candleberry Ave. 1750 East 4th Street,Suite 100 P.O.Box 2282 Seal Beach,CA 90740 Santa Ana,CA 92705 Coast Mesa,CA 92628 California State Lands Commission I Hamilton Biological Attn:Nicole Dobroski,Chief Attn:Robert A.Hamilton,President 100 Howe Avenue,Suite 100-South 316 Monrovia Ave. Sacramento,CA 95825-8202 Long Beach,CA 90803 Bolsa Chica Conservancy Fairview Park Alliance 3842 Warner Avenue Attn:Kim Hendricks,President Huntington Beach,CA 92649 P.O.Box 2471 Attn:Bob Hoxsie,Chair Costa Mesa,CA 92628-2471 Carstens,Black&Minteer LLP Attn:Michelle Black 700 North Pacific Coast Highway,Suite 200 Redondo Beach,CA 90277 • I I • • i/2S (4J, j ' ran 7+'T5 Pat:avery.com/patents ; Etiquettes d'adresse Easy Peel" i Allez a avery.ca/gabarits EasyPeel°Address Labels ' ERY 596OQ" t Go to avery.com/templates Bend along line to expose Pop-up Edge' I Use Avery Template 5160 33 34 35 HB Union High School District Cannery Hamilton Properties, LLC Golden West College Dr.Clint Harwick,Superintendent Ascon Landfill Site c/a Tamara Zeier Janet Houlihan,Vice President 5832 Bolsa Avenue One Pointe Drive,Suite 320 15744 Goldenwest St. Huntington Beach,CA 92649 Brea,CA 92821 Huntington Beach,CA 92647 35 36 41 Golden West College Bolsa Chica Land Trust do Coast Colleges OC County Harbors,Beach&Parks Dept. Jennifer Thomas, President 1370 Adams Avenue P.O.Box 4048 5200 Warner Ave Unit108 _ Costa Mesa,CA 92626 Santa Ana,CA 92702-4048 I Huntington Beach,CA 92649 41 1 40 42 Bolsa Chica Land Trust Hearthside Homes Richard Loy 5200 Warner Avenue,Unitl 08 27285 Las Ramblas,Suite 210 I 9062 Kahului Drive Huntington Beach,CA 92649 Mission Viejo,CA 92691 Huntington Beach,CA 92646 49 54 ! 57 Coastkeepers I Third Party Environmental Review Kathleen Belohovek Garry Brown Southern Califomia Edison Company 9101 Five Harbors Dr. 3151 Airway Ave.Suite F-110 2244 Walnut Grove Ave,GO-1, Quad 2C Huntington Beach,CA.92646 Costa Mesa,CA 92663 Rosemead,CA 91770 67 • • 61 60 Chase Preciado SEIU—32BJ Paula Leonard Supporters Alliance for Alex Hecht 4951 Hilo Circle Environmental Responsibility 25 W. 18'1'Street Huntington Beach,CA 92647 1939 Harrison Street,Suite 150 New York,NY 10011 Oakland,CA 94612 70 62 Randy Coe,CCIM Lozeau Drury LLP 64 Senior Vice President Supporters Alliance for Michael Cintron Land Advisors Organization Environmental Responsibility 200 Spectrum Center Drive,Suite 1800 100 Spectrum Drive,Suite 1400 1939 Harrison Street,Suite 150 j Irvine,CA 92618 Irvine,CA 92618 Oakland,CA 94612 6 68 5 Homeless United Huntington B Madeline Dawson Shirley Detl Supporters•Alliance for Environmental Responsibility 6812 La rst Drive Hunti Beach,CA 92647 1939 Harrison Street,Suite 150 • Oakland,CA 94612 Rebecca Davis 66 �l/.g/a`S /J/ //_Qr Supporters Alliance for L-77i &5- i 03 Environmental Responsibility 1939 Harrison Street,Suite 150 9°,14 A th�.7 Oakland,CA 94612• 69 Layne Fajeau Supporters Alliance for Environmental Responsibility 1939 Harrison Street,Suite 150 Oakland,CA 94612 C Pat:avery.com/patents Etiquettes d'adresse Easy Peel`"' Allez a avery.ca/gabarits 0�iAli cr 2000 Main Street, �G * Huntington Beach,CA _ =' 92648 City of Huntington Beach APPROVED 7-0 W9zcF "A TO OPEN PUBLIC:HEARING u"nc & CONTINUE TO 09/02/2025. File#: 25-671 MEETING DATE: 8/19/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Ricky Ramos, Planning Manager Subiect: Continue Certification of Environmental Impact Report No. 25-003 (Pacific Airshow Huntington Beach) to the September 2, 2025, City Council meeting Recommended Action: A) Continue Certification of Environmental Impact Report No. 25-003 to the September 2, 2025, City Council meeting. City of Huntington Beach Page 1 of 1 Printed on 8/14/2025 powered by LegistarTM 1525 . . • CONTINUANCE OF PUBLIC HEARING STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF HUNTINGTON BEACH ) I, Lisa Lane Barnes, declare as follows: That I am the City Clerk of the City of Huntington Beach; that at a regular meeting of the City Council/Public Financing Authority of the City of Huntington Beach held Tuesday, August 19, 2025, said public hearing was opened and continued to a regular meeting on September 2, 2025 at 6:00pm to Continue Certification of Environmental Impact Report No. 25-003 (Pacific Airshow Huntington Beach); and that on Friday, August 29, 2025 at the hour of 11 :00 am., a copy of said notice was posted at a conspicuous place near the door at which the meeting was held. I declare under penalty of perjury that the foregoing is true and correct. Executed on Friday, August 29, 2025 at Huntington Beach, California. LISA LAN ARNES, CITY CLERK by: Senior Deputy City Clerk Posted pursuant to Government Code Section 54950 • 1�• g:\agends\agmisc\Pubhear-Continued.doc