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Item 30 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update
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Item 30 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update
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Agenda Packet
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Clerk of the Council
Item #
30
Date
4/19/2022
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<br />Resolution No. 2022-XXX <br />Page 9 of 11 <br /> <br />3. Height. The residential and commercial land uses under the proposed project are <br />consistent with the height standards of the JWA AELUP, which are stated in the <br />Federal Aviation Regulations, 14 C.F.R. Part 77, relating to Safe, Efficient Use and <br />Protection of the Navigable Airspace. <br />a. The General Plan Update states, as Policy S-4.1 Structures above 200 feet, <br />“[p]roposed projects that would exceed a height of 200 feet above existing grade <br />shall be required to file a Form 7460-1 with the Federal Aviation Administration <br />(“FAA”). <br />b. In response to Recommendation 1.b. from the ALUC Staff Report, the General <br />Plan Update is revised to state, as Policy S-4.2 Federal Aviation Regulation Part <br />77, “[d]o not approve buildings and structures that would penetrate Federal <br />Aviation Regulation (“FAR”) Part 77 Imaginary Obstruction Surfaces, unless, <br />consistent with PUC Section 21240, such building or structure is determined by <br />the FAA to pose “no hazard” to air navigation.” Additionally, under this Policy, <br />applicants proposing buildings or structures that penetrate the 100:1 Notification <br />Surface will be required to file a Form 7460-1 Notice of Proposed Construction or <br />Alteration with FAA and provide a copy of the FAA determination to the City and <br />the ALUC. Referral to FAA for study under its Form 7460-1 process is <br />appropriate because: <br />(1) “The United States Government has exclusive sovereignty of airspace of the <br />United States” (49 U.S.C. § 40103(a)(1)). <br />(2) In order to use this airspace, the FAA Administrator is responsible for: <br />(i) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § <br />40103(b)(1)); and <br />(ii) “[R]egulations on the flight of aircraft (including regulations on safe <br />altitudes) for (A) navigating, protecting and identifying aircraft; (B) <br />protecting individuals and property on the ground; (C) using the navigable <br />airspace efficiently; and (D) preventing collision between aircraft, between <br />aircraft and land or water vehicle, and between aircraft and airborne <br />objects” (49 U.S.C. § 40103(b)(2)). <br />(3) The FAA’s aeronautical studies under FAR Part 77 are the definitive standard <br />for assessing compliance with federal aviation safety laws and regulations <br />(49 U.S.C. § 77.1(c)). This federal authority is recognized in State law. (PUC <br />§ sb21240). <br />c. The maximum allowable building heights in the zoning and land use designations <br />proposed in the 55 Freeway/Dyer Road Focus Area range between 6 and 10 <br />stories, or about 60 and 100 feet above ground level (“AGL”). These maximum <br />allowable building heights would not exceed the FAR Part 77 imaginary <br />obstruction surfaces for JWA, including the sloping, three-dimensional 50:1 <br />Departure Surface, the sloping, three-dimensional 20:1 conical surface, and the <br />206’ above mean sea level (“AMSL”) horizontal surface. <br />d. The maximum allowable building heights in the zoning and land use designations <br />proposed in the South Bristol Street Focus Area range between 10 and 25
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