Item 11 - Resolution to Provide Notice to the County of Orange Aiport Land Use Commision for the Village

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Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 5 of 10 above 65 Dba CNEL. For commercial retail land use, exterior noise levels are considered normally consistent with exterior noise levels of less than 65 dBA CNEL and conditionally consistent with exterior noise level above 65 dBA CNEL. The Project site is located outside of both the airport's planned and actual 60 CNEL contours of JWA. Therefore, according to the AELUP, the Project's residential, open space, and commercial retail land uses are normally consistent with JWA aircraft noise exposure exterior noise level compatibility standards. Also, the airport related noise at the Project site does not exceed the City's municipal code permissible noise levels. Additionally, the County's General Aviation Noise Ordinance prohibits commercial aircraft departures between the hours of 10.00 p.m. and 7.00 a.m. and arrivals between the hours of 11.00 p.m. and 7.00 a.m. These restrictions substantially limit the aircraft noise during the noise sensitive nighttime hours for residential use. d. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the AELUP. The Project is not in any of the AELUP safety zones. The Project is located outside of the runway protection zone ("RPZ"). The Project is located more than 0.40 miles from the outer edge of AELUP Zone 6, Traffic Pattern Zone as depicted in Appendix D. Further, AELUP Appendix D states the "Basic Compatibility Qualities" of Zone 6 as "Allow residential uses" and "Allow most nonresidential uses." Project is not in the JWA RPZ. The Project is located approximately 1.5 miles from the outer edge of the nearest JWA RPZ. The FAA's Determinations of No Hazard to Air Navigation for the Mixed -Use development structures are the only source of authoritative, aviation safety findings regarding the project. The FAA has conducted an aeronautical study (49 U.S.C. §44718 and 14 CFR Part 77) of the individual structures within the Specific Plan and has issued its Determinations of No Hazard on September 6, 2024. iii. In this case it is important to first establish what entity has authority over the use of airspace over the project site. "The United States Government has exclusive sovereignty of airspace of the United States" (49 U.S.C. § 40103(a)(1)). iv. In order to use this airspace, the FAA Administrator is responsible for: (1) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1); and (2) "[R]egulations on the flight of aircraft (including regulations on safe altitudes) for navigating, protecting and identifying aircraft; protecting individuals and property on the ground; using the navigable airspace efficiently; and preventing collision between aircraft, between aircraft and land or