2016-013 - Heritage Mixed Use Development Project

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noise and safety issues and, thus, meets the purposes of Public Utilities Code § 21670(a) where: B. The proposed project does not interfere with the orderly expansion of John Wayne Airport ( "JWA ") in that the ALUC determined that the project does not penetrate the approach corridor imaginary surfaces reserved for air navigation; C. The proposed project is located within the Federal Aviation Regulation Part 77 "imaginary surface" within which the surface level for notification to the FAA of the project is 152.8 feet Above Mean Sea Level ( "AMSL ") and the maximum height of any structure within the project is 124 feet AMSL. The project proponent submitted the required notification to the FAA in the form of a Form 7460 -1, and the FAA determined and the ALUC confirmed that no structure within the project would penetrate the surfaces set forth in Part 77, exceedance of which would constitute an obstruction to air navigation; D. The proposed project is not located within the John Wayne Airport 60 or 65 dBA Cumulative Noise Equivalent Level ( "CNEL ") noise contours indicating areas of significant noise impact as set forth in the John Wayne Airport Master Plan. While a small portion of the property is within the existing JWA 60 CNEL contour, the Final Environmental Impact Report ( "FEIR ") for the project includes mitigation measure LU -1 which provides that all prospective residents of the project site shall be notified of airport related noise (via a notice of airport in vicinity language in the lease /rental agreements pursuant to Civil Code § 1102.6(a)), and mitigation measure LU -2 which requires outdoor signage informing the public of the presence of operating aircraft consistent with AELUP Policy 3.2.4 which requires that notice be provided within the outdoor common or recreational areas of the project site; E. The proposed project is not within the safety zone areas for John Wayne Airport, within which limitations on development and occupancy apply to protect surrounding occupants from adverse airport impacts. Thus, the proposed project is not limited by the restrictions on density of residential use and intensity of commercial use applicable to safety zones within the AELUP; and F. The impact of aircraft overflights of the proposed project will be mitigated by proposed construction and other noise mitigation measures in the FEIR; and by the existing curfew at JWA during which arriving flights cease between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 11:00 p.m. and 8:00 a.m. on Sunday, and departing flights cease between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 8:00 a.m. on Sundays. Section 3. Based on the above evidence and further Findings made attached hereto and incorporated herein as Exhibit A, as well as the remainder of the record in this case, the City Council of the City of Santa Ana hereby resolves to overrule the Orange County ALUC's determination that the Heritage Mixed Use Development Project is inconsistent with the Orange County AELUP. Resolution No. 2016 -013 Page 4 of 8