Item 30 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update

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Resolution No. 2022-XXX Page 10 of 11 stories, or about 100 to 250 feet AGL. Proponents of future structures exceeding 200 feet AGL and/or structures penetrating the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City. Per Policy S-4.2, the applicant would be required to obtain an FAA determination of no obstruction or no hazard to air navigation before seeking City approval. e. The maximum allowable building heights in the zoning and land use designations proposed in the South Main Street Focus Area range between 2 and 3 stories, or about 20 to 30 feet AGL. These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JWA, including the sloping, three-dimensional 20:1 conical surface, and the 206’ AMSL horizontal surface. f. The Project’s requirement that future construction and development comply with the FAA’s 7460-1 process ensures that building heights within the Project area will not pose a hazard to air navigation. This is consistent with and furthers the purposes of PUC Section 21670 by minimizing the public’s exposure to safety hazards. g. The Project is an approval only as to land use designation and zoning. No specific structures are contemplated as part of the Project. Therefore, nothing in the Project will create an obstruction or hazard to air navigation within the meaning of 14 C.F.R. Part 77, and no part of the Project involves the proposed construction or alteration of any structure. Accordingly, no aeronautical study is required as part of the Project. See 49 U.S.C. § 44718; 14 C.F.R. Part 77; FAA Order JO 7400.2M. h. The Project does not create a safety hazard pursuant to PUC Section 21670. 4. Heliports. Heliports are not permitted in any residential (R1, R2, R3, or R4) District pursuant to Santa Ana Municipal Code section 41-621. Outside of residential Districts, heliports are only allowed with a conditional use permit (“CUP”). a. The General Plan Update states, as Policy S-4.4 Heliport/helistop approval and requirements, “Approve the development of a heliport or helistop only if it complies with the ALUP for heliports.” Policy S-4.4 further makes it City policy to “[e]nsure that each applicant seeking a conditional use permit or similar approval for the construction or operation of a heliport or helistop complies fully with the state permit recommended by the FAA, by Orange County ALUC, and by Caltrans/Division of Aeronautics. This requirement shall be in addition to all other City development requirements.” b. As described in Draft PEIR Section 5.8, any applicant proposing a heliport “shall undergo review by the ALUC, obtain an Airspace Analysis from the FAA as specified in Section 2.1.5 of the JWA AELUP, and confirm consistency with the JWA AELUP prior to construction, as specified in Section 4.7 of the JWA AELUP.” c. The Project and existing provisions within the Santa Ana Municipal Code restrict the establishment of heliports within the City. Heliports are only allowed in non- residential districts, and only once the applicant obtains a CUP following FAA