HomeMy WebLinkAboutREVISED EXHIBIT 2REVISED EXHIBIT 2
[PROPOSED] FINDINGS OF FACT
SUBJECT: CITY OF SANTA ANA NOTICE OF INTENT TO OVERRULE THE ORANGE
COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF
INCONSISTENCY FOR THE CITY OF SANTAANA COMPREHENSIVE GENERAL
PLAN UPDATE, GOLDEN CITY BEYOND (2045)
I. INTRODUCTION
The City of Santa Ana ("City") is required to provide findings supporting the overrule of the Orange
County Airport Land Use Commission's ("ALUC") determination of inconsistency as required in
the California Public Utilities Code ("PUC") Section 21676(b). Based on the following Findings of
Fact and the associated substantial evidence in the public record, the proposed action by the City
on the General Plan Update, Golden City Beyond (2045) ("Project") is consistent with the
purposes of the State Aeronautics Act as stated in PUC Section 21670, which provides, in relevant
part:
"It is the purpose of this article to protect public health, safety, and welfare by
ensuring the orderly expansion of airports and the adoption of land use measures
that minimize the public's exposure to excessive noise and safety hazards within
areas around public airports to the extent that these areas are not already devoted
to incompatible uses."
Specifically, the City's proposed action on the Project provides for the orderly development of
John Wayne Airport ("JWA"), and its surrounding area and promotes the overall goals and
objectives of the State noise standards by avoiding new noise and safety problems, and protecting
the public health, safety and welfare through the adoption of land use measures that minimize the
public's exposure to excessive noise and safety hazards to the extent that this area is not already
devoted to incompatible uses.
II. FRAMEWORK
It is in the public interest to: (1) provide for the orderly development of each public use airport in
this state and the area surrounding these airports so as to (2) promote the overall goals and
objectives of the California airport noise standards adopted pursuant to PUC Section 21669 and
to (3) prevent the creation of new noise and safety problems.
A. To provide for the orderly development of JWA and the area surrounding the airport, the
ALUC adopted the 2008 Airport Environs Land Use Plan for John Wayne Airport ("JWA
AELUP") on April 17, 2008. The JWA AELUP guides development proposals to provide
for orderly development of the airport and the area surrounding the airport through
implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones,
building height restrictions).
B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports
("Heliports AELUP") on June 19, 2008.
C. The ALUC is required to use the California Airport Land Use Planning Handbook
("Handbook") that was updated by the California Department of Transportation, Division
of Aeronautics ("Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP
have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP
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has not been updated with information about the operation and environmental effects of
JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by
the Orange County Board of Supervisors on June 25, 2019 for the General Aviation
Improvement Program ("GAIP").
D. On September 17, 2020, the City of Santa Ana presented the Project to the ALUC for a
determination of consistency with the JWAAELUP and Heliports AELUP.
E. The ALUC staff report dated October 15, 2020 ("Staff Report") recommends that the ALUC
find the Project inconsistent with the JWAAELUP per Sections 1.2, 2.4.1, and 3.2.1 of the
JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft "noise and safety
issues" relative to the allowed placement of residential units "within the flight corridor" in
the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height issues in a portion
of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower
Avenue).
F. The ALUC Staff Report recommends that the ALUC find the Project consistent with the
Heliports AELUP, with the condition that the City include a statement in the General Plan
Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the
City be submitted through the City to ALUC for a consistency determination.
G. On October 15, 2020, the ALUC held a public hearing and adopted a resolution finding
the Project inconsistent with the JWA AELUP for the stated reasons set forth in the Staff
Report, and further finding the Project consistent with the Heliports AELUP on the
condition set forth in the Staff Report.
H. The City of Santa Ana has the general police power to control land use within its territorial
jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in
State law (PUC §§ 21670, 21676) and the ALUC process (JWA AELUP § 4.11) allowing
for overrule of an ALUC finding of inconsistency.
I. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two-thirds
vote of the City Council if it makes specific findings that the Project is consistent with the
purposes of the State Aeronautics Act, as stated in PUC Section 21670.
J. The City finds that the Project is consistent with the JWA AELUP and with the purposes
of the State Aeronautics Act based on the following Findings of Fact and substantial
evidence.
III. FINDINGS OF FACT
A. General Plan Update. The Project encompasses the entire City of Santa Ana. The
General Plan Update set forth in the Project will change zoning and land use within five
(5) geographic Focus Areas within the City. The comments in ALUC's Staff Report and
ALUC's determination of inconsistency refer only to changes in land use within these
five (5) Focus Areas.
1. The vast majority of the Project falls outside of the JWA AELUP planning area, which
is defined in Section 1.7 of the JWA AELUP as "the furthest extent of the 60 CNEL
Contour, the FAR Part 77 Notification Surface and the runway safety zones associated
with the airport."
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2. Both the Grand Ave/17'" Street Focus Area and the West Santa Ana Boulevard Focus
Area fall completely outside of the JWA AELUP planning area.
3. The 55 Freeway/Dyer Road Focus Area and South Bristol Focus Area are both located
entirely within the JWAAELUP planning area.
4. The South Main Focus Area is located partially within the JWA AELUP planning area.
B. Justification for Finding Project Consistent with the Purposes of PUC Section
21670.
1. Noise. The residential and commercial land uses under the proposed Project are
consistent with the aircraft noise standards of the JWA AELUP and the requirements
of PUC Section 21670.
a. The majority of the Project falls outside of the 60 dBA CNEL aircraft noise contour
(Exhibit 2).
(1) Per the JWA AELUP, all land uses are normally consistent within the 60 dBA
CNEL aircraft noise contour using conventional construction methods. No
special noise reduction methods are required. See JWAAELUP at 23, Table 1.
b. The vast majority of the Project is located outside of the JWA 65 dBA CNEL aircraft
noise contour.
(1) Per the JWA AELUP, commercial (e.g. retail and office), community facilities
(e.g. churches, libraries, schools, preschools, day-care centers, hospitals,
nursing/convalescent homes, & other noise sensitive uses), and industrial
uses are all normally consistent within the 65 dBA CNEL aircraft noise contour.
See JWA AELUP at 23, Table 1.
(2) Per the JWA AELUP, single and multifamily residential uses are conditionally
consistent within the 65 dBA CNEL aircraft noise contour.
c. Of the five (5) Focus Areas that will include a change in zoning and land use
designation under the Project, only the 55 Freeway/Dyer Road Focus Area lies
partially within the 65 dBA CNEL aircraft noise contour.
d. The General Plan Update states, as Policy N-1.3, that it shall be City policy to
"[c]ollaborate with local and regional transit agencies and other jurisdictions to
minimize regional traffic noise and other sources of noise in the City."
e. Consistent with the JWAAELUP, the General Plan Update states, as Policy N-3.3,
that it shall be City policy to "[r]equire all residential land uses in 60 dB(A) CNEL
or 65 dB(A) CNEL Noise Contours to be sufficiently mitigated so as not to exceed
an interior standard of 45 Db(A) CNEL."
f. Based on the foregoing, the Project will not result in the exposure of City residents
to excess noise within the meaning of PUC Section 21670.
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2. Safety. The residential and commercial land uses under the proposed project are
consistent with the safety standards of the JWA AELUP.
a. Section 2.1.2 of the JWAAELUP describes the airport's safety compatibility zones.
(1) Per Section 2.1.2 of the JWA AELUP, "Safety and compatibility zones depict
which land uses are acceptable and which are unacceptable in various portions
of airport environs."
(2) The purpose of these zones, per the JWA AELUP, is to "support the continued
use and operation of an airport by establishing compatibility and safety
standards to promote air navigational safety and to reduce potential safety
hazards for persons living, working or recreating near JWA."
b. The JWAAELUP identifies the following Safety Zones:
(1) Zone 1:
Runway Protection Zone
(2) Zone 2:
Inner Approach/Departure
(3) Zone 3:
Inner Turning Zone
(4) Zone 4:
Outer Approach/Departure Zone
(5) Zone 5:
Sideline Zone
(6) Zone 6:
Traffic Pattern Zone
c. The Project is not in the JWA runway protection zones (RPZ).
d. None of the Project Focus Areas are in any of the JWAAELUP safety zones. JWA
AELUP Safety Zone 6 overlays a small portion of the City south of MacArthur
Boulevard, however the Project does not propose any change in land use or zoning
in this area.
e. The ALUC Staff Report states that "The proposed changes in Land Use in the
55/Dyer Focus Area would result in 9,952 total residential units within the flight
corridor for John Wayne Airport subjecting future residents to noise and safety
issues."
(1) As noted above and in Section 2.1.2 and Appendix D of the JWAAELUP, the
"flight corridor for John Wayne Airport" is not an identified Safety Zone for JWA.
Nor is a "flight corridor" a defined, restrictive term in the JWAAELUP, the PUC,
or the Federal Aviation Regulations.
f. No part of the Project will be inconsistent with the policies set forth in Section 2.1.2
of the JWAAELUP regarding Safety Compatibility Zones. Furthermore, the ALUC
did not find, and cannot find, that the Project is inconsistent with Section 2.1.2 of
the JWAAELUP.
g. Based on the foregoing, the Project will not result in the exposure of City residents
to excessive safety hazards within the meaning of PUC Section 21670.
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3. Height. The residential and commercial land uses under the proposed project are
consistent with the height standards of the JVVA AELUP, which are stated in the
Federal Aviation Regulations, 14 C.F.R. Part 77, relating to Safe, Efficient Use and
Protection of the Navigable Airspace.
a. The General Plan Update states, as Policy S-4.1 Structures above 200 feet,
"[p]roposed projects that would exceed a height of 200 feet above existing grade
shall be required to file a Form 7460-1 with the Federal Aviation Administration
("FAA").
b. In response to Recommendation 1.b. from the ALUC Staff Report, the General
Plan Update is revised to state, as Policy S-4.2 Federal Aviation Regulation Part
77, "[d]o not approve buildings and structures that would penetrate Federal
Aviation Regulation ("FAR") Part 77 Imaginary Obstruction Surfaces, unless,
consistent with PUC Section 21240, such building or structure is determined by
the FAA to pose "no hazard" to air navigation." Additionally, under this Policy,
applicants proposing buildings or structures that penetrate 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 and
the ALUC. Referral to FAA for study under its Form 7460-1 process is appropriate
because:
(1) "The United States Government has exclusive sovereignty of airspace of the
United States" (49 U.S.C. § 40103(a)(1)).
(2) In order to use this airspace, the FAA Administrator is responsible for:
(i) Plans and policy for the safe use of the navigable airspace (49 U.S.C. §
40103(b)(1)); and
(ii) "[R]egulations on the flight of aircraft (including regulations on safe
altitudes) for (A) navigating, protecting and identifying aircraft; (B)
protecting individuals and property on the ground; (C) using the navigable
airspace efficiently; and (D) preventing collision between aircraft, between
aircraft and land or water vehicle, and between aircraft and airborne
objects" (49 U.S.C. § 40103(b)(2)).
(3) The FAA's aeronautical studies under FAR Part 77 are the definitive standard
for assessing compliance with federal aviation safety laws and regulations (49
U.S.C. § 77.1(c)). This federal authority is recognized in State law. (PUC
§ sb21240).
c. The maximum allowable building heights in the zoning and land use designations
proposed in the 55 Freeway/Dyer Road Focus Area range between 6 and 10
stories, or about 60 and 100 feet above ground level ("AGL"). These maximum
allowable building heights would not exceed the FAR Part 77 imaginary obstruction
surfaces for JVVA, including the sloping, three-dimensional 50:1 Departure
Surface, the sloping, three-dimensional 20:1 conical surface, and the 206' above
mean sea level ("AMSL") horizontal surface.
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d. The maximum allowable building heights in the zoning and land use designations
proposed in the South Bristol Street Focus Area range between 10 and 25 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 JWAAELUP."
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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
Airspace analysis and other review procedures. These restrictions minimize the
public's exposure to excessive noise and safety hazards, in furtherance of the
purposes of PUC Section 21670.
d. ALUC has determined that the Project is consistent with the Heliports AELUP on
condition that the City include a statement in the General Plan Update (Safety
Element Policy S-4.4) that any proposals for heliports/helipads within the City be
submitted through the City to ALUC for a consistency determination.
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