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HomeMy WebLinkAbout17 PROP AMEND LAND USE PLAN FOR JWA 11-20-07AGENDA REPORT MEETING DATE: NOVEMBER 20, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: PROPOSED AMENDMENTS TO THE AIRPORT ENVIRONS LAND USE PLAN (AELUP) FOR JOHN WAYNE AIRPORT (JWA) SUMMARY: The Airport Land Use Commission (ALUC) of Orange County is in the process of updating the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWA). The City of Tustin has been provided with a copy of the proposed amendments for review and comment. The ALUC staff have requested comments by November 26, 2007, and are setting meetings with affected jurisdictions. City staff will not be meeting with ALUC staff until November 19, 2007, after which staff will have a better grasp on the potential implications to the City and comments that should be included in a comment letter. RECOMMENDATION: That the City Council authorize the Mayor to sign and send a comment letter to the ALUP when it is available. FISCAL IMPACT: Unknown. DISCUSSION The ALUC statute was adopted in the late 1960s with two primary stated duties: to prepare compatibility plans and to review local land agency land use actions and airport plans. In fulfilling the first duty, the ALUC is required to prepare and adopt an Airport Environs Land Use Plan (AEEUP) for each of the airports within its jurisdiction. In fulfilling the second duty, they are to review the plans, regulations, and other actions of local agencies and airport operators. There are limitations in that the ALUC has no authority over existing land uses regardless of whether such uses are incompatible with airport activities, and they do not have control over airport operations. The ALUC does, however, review any amendment of a general plan, specific plan, adoption of a zoning ordinance or building regulation ("projects") within City Council Report Airport Environs Land Use Plan November 20, 2007 Page 2 the planning areas established by the ALUC. These projects must be submitted to the ALUC to determine consistency with the AELUP. Planning areas include the Community Noise Equivalent Level (CNEL); Contours; Safety Zones; and Building Height Restrictions (FAR Part 77). Attached are the maps showing these JWA planning areas. The ALUC is in the process of amending the AELUP. Some of these amendments may be far-reaching and include: height limitations, avigation easements, deed disclosures, signage, and proximity disclosures. The ALUC staff has requested comments by November 26, 2007, and staff will be meeting with the ALUC staff on November 19, 2007, after which City staff will have a better grasp on the potential implications to the City and comments that should be included in a comment letter. Depending on the nature and extent of the proposed amendments, the City may be required to update its General Plan and/or Zoning Code and any applicable specific plan, if necessary, to be consistent with the AELUP within 180 days. Elizabeth A. Binsack Community Development Director Attachment: Airport Environs Land Use Plan for John Wayne Airport Proposed Amendments S:\Cdd\CCREPORTIAELUP..Doc DRAFT Airport Land Use Commission AIRPORT ENVIRONS ORANGE COUNTY -s~uc LAND USE PLAN fOY JOHN WAYNE AIRPORT Amen e : ~~';:; ,. .;; 3 , __ __ Formatted: Font: Times New Roman, Strikethrough SECTION 1.0 -INTRODUCTION 1.1 Backai-ound In 1967 the first Airport Land Use Commission (ALUC) statute was adopted by the California legislature, according to the California Airport Land Use Planning Handbook. The legislation has been amended many times in the ensuing years. Particularly significant amendments occun-ed in 1982, 1984, 1994 and 2000. The 1982 amendments more clearly articulated the purpose of ALUCs, eliminated the reference to "achieve by zoning", required consistency between local Qeneral plans and zoning and ALUC compatibility plans, required that local agencies make findings of fact before oveniding an ALUC decision and changed the vote required for an override from four-fifths to two-thirds. In 1984, amendments to compatibility plans were limited to once per year and immunity was extended to airports if an ALUC action is overridden by a local agency not owning the airport. In 1994 the California Environment Quality Act (CEQA) statutes as applied to the preparation of environmental documents in the vicinity of airports was amended. Lead agencies are required to use the Airport Land Use Planning Handbook as a technical resource when assessing the airport- related noise and safety impacts of airport vicinity projects. In 2000, Section 21670(f) was added to clarify that special districts are among the local agencies to which airport land use plaruiing laws are intended to apply. The 2002 amendment included clarification of variou provisions of the AELUP includinU clarification of the option of an aviation easement as a pro'ec~ t mitigation specification of noti (cation method,, and clarification of a specific infil l policy The AELUP was also separated into individual stand-atone AELUP volumes foreach airport in Orange County and a separate AELUP for Heliports/Helistops. The purpose of ALUCs has remained essentially unchanged since the early years of the statutes. To fulfill its purpose ALUC has two specific duties according to the Handbook. • Prepare Compatibility Plans-Each commission is required to "prepare and adopt" an airport land use plan for each of the airports within its jurisdiction (Section 21674 (c) and 21675(a)~. • Review Local Agency Land Use Actions and Airport Plans-The commissions' second duty is to "review the plans, regulations, and other actions of local agencies and airport operators..." (Section 21674(d)) The key limitations are 1) that they have no authority over existing land uses regardless of whether such uses are incompatible with airport activities and 2) the "powers of the commission shall in no way be construed to give the commission jurisdiction over the operation of any airport." The Airport Land Use Commission for Orange County was established in late 1969. Between 1970 and the actual adoption of the Airport Environs Land Use Plan ~AELUP~, the Commission made advisory comments on projects. The first AELUP elements were adopted by the Commission between April 17 and August 7, 197. -1- 1.2 Purpose and Scope This AELUP for John Wayne Airport is one of several AELUPs prepared for each of the airports in Orange County. The ALUC' sei-~~es all the airports in Uran~c Count{ c~~hich include; John bVavne Ai~ort tJ~~'4) Fullerton 1~~lunicipal Aitpoi-t (FMA) and Joint For-ce> Trainin<~ Base Lo Alamitos. Additionally, there is an AELUP for Heliports'Heiitap~. This land use compatibility plan intends, for the twenty year planning future for John Wayne Airport (See Appendix D for maps), to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation of the airport. Specifically, the plan seeks to protect the public from the adverse effects of aircraft noise, to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. The implementation of this plan will forestall urban encroachment on the airport and will allow for its continued operation. This compatibility plan for John Wayne Airport affects the cities of Costa Mesa, Irvine, Newport Beach, Santa Ana, and Tustin, as well as unincorporated areas of the County of Orange. Furthermore, Federal Aviation Administration (FAA) review is required for am' pro_pnsed structure more than 200 feet Above Ground Level (AGL) of its site All such proposals shall be submitted to the ALUC for review regardless of where within the jurisdiction of thz. Orange County ALUC they would be located. 111 111{A {. 111V YI VJ VVaJ aaaw.~a waa~va~v ~ a ~. ~~. •~.. ~---- -----J rem .-.-.,i +„ +ao n ;..,,~,~ r .,„a r r~o r,,.Y...,:~~;,,~ 1.3 Authori Public Utilities Code (PUC) 21676(a) requires each local agency whose General Plan includes areas covered by an airport land use commission plan to submit a copy of its general plan or specific plans (each reference to specific plan also includes conventional zoning and planned community zoning) to the airport land use commission. If the plan or plans are inconsistent with the commission's plan, the local agency shall be notified and that local agency shall have another hearing to reconsider its plans. The local agency may overrule the commission after such hearing by atwo-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes stated in Section 21670. Section 21676(b) of the Public Utilities Code requires that prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the airport land use commission pursuant to Section 21675, the local agency shall first refer the proposed action to the commission. If the commission determines that the proposed action is inconsistent with the commission's plan, the referring agency shall be notified. The local agency may, after a public hearing, overrule the commission by atwo-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes stated in Section 21670. Section 21676(c) requires that each public agency owning any airport within the boundaries -2- Formatted: Font: Times New Roman, Strikethrough COUNTY OF LOS ANGELES JOINT FORCES TRAINING BASE LOS ALAMITOS r i ~9ti coGy 6,~~~aj1-~i~ ., AIRPORT ENVIRONS LAND USE PLAN { ~ AIRPORT PLANNING AREAS ~ ` ' ~ (HEIGHT RESTRICTION ZONE OVERLAYS ENTIRE COUNTY AT ELEVATIONS MORE THAN 200' ABOVE GROUND LEVEL NOTE: SEE AELUP SECTION 2.l.bj AIRPORT LAND USE COMMISSION for ORANGE COUNTY AIRPORT PLANNING AREAS Figure 1 ~~ CERTIFICATION Adopted by the Airport Land Use Commission for Orange County 0 T0,000 20,000 30,000 50,000 5,000 s~. a, iwr Kati A. Rigoni, Executive Officer Date HLVI•~ /11!'.1 VI lLUIiUVJCV VI~~iiii»~v~ici ~ v~~ ~.+~~ ~~~. <<+~+• •~y~ recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of Lvorship Lvhich have a significant role in services or other noise- sensitiveactivities; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas. driveways, greenbelts, maintenance areas, and storage areas associated Lvrtll residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated Lvith places of worship and principally used for short- te1'i11 social gatherings. OVERRIDE - See "Oven-ule" below. OVERRULE - The formal procedure set forth in PUC Sections 2167.1, 21676, 21676.x, and 21677 whereby a local agency's governing body may overrule an ALUC determination of inconsistency. PLANNING AREA - Public Utilities Code Section 2167~(c) requires that area suI-rounding any airport which affects, or is affected by, aircraft operations be embraced by the boundaries of its compatibility plan. The planning area sets limits of the area within which proposed land use projects are to be referred to the ALUC for review. With certain exceptions, planning area boundaries are determined by the location and configuration of the airport included in the plan, and the extent of the noise and safety impacts associated with that airport. The overall planning area is the furthest extent of the 60 CNEL Contour, the FAR Part 77 Notification Surface and the runway safety zones associated with the airport. POLICY - Aline adopted by the Orange County Board of Supervisors IMPLEMENTATION in 198 which corresponds to the location of the 65-decibel LINE CNEL contour for John Wayne Airport. This line is based on the highest noise level at a given location utilizing noise projections from both the 1990 and 2005 project case contours developed as part of the 1985 John Wayne Airport Master Plan (See Section 2.2.1). These contours continue to be applicable as a.result of the most recent JWA Airport Layout Plan (ALP) approval on March 2-I, 200. PUC - Public Utilities Code of the California Codes. REDEVELOPMENT -The expansion or conversion of an existing land use, whether compatible or incompatible within an airport environs, which would result in an intensified use, or in a new use which may or may not be compatible. -9- RUNWAY - A trapezoidal area off each end of a runway used to enhance PROTECTION the protection of people and property on the ground. The ZONE (CLEAR ZONE) innermost of the safety zones. Safety Zone, Safety and compatibility zones depict which land uses a~-e acceptable: and ~~-hieh are unacceptable in various portions ofairport enyiron. See Appendix D for safety zone exhibit and definition, for J~~'A. SINGLE EVENT - In decibels, shall mean the sound exposure level of a single event, NOISE .EXPOSURE such as an aircraft fly-by, measured over the time interval LEVEL (SENEL) between the initial and final times for which the sound level of a single event exceeds the threshold sound level. SENEL is an A- weighted measure of an individual flyover, which time-integrates the level accumulated during this event with reference to a duration of one second. Because of this integration process, SENEL takes into consideration both the duration and the magnitude of the noise signal. -10- __ r Formatted: Font: Times New Roman, Strikethrough _ ikS T 1, ~xln o A ; (+.-+ :~ lra+.~iralr ;+-. Con+:r..-~ ? '? A D7 ~ - Tl~l A .~. ~+ 1~.~~...+-+ .~~ A..+ii.~2~i Z lie John ~~ avrle ~iiport Safety C"i~mpatibilit~ Zones are defined in the Air~orl Layout Plan { ALP) a~~roved b~ IAA in 1~'Iar-ch ?OUP. These zone, are slloti~ n in Appendix D and ~~~ere de~~ eloped for the r-rrn~va~~~ti at Jti~'A using the California Air~or-t Land Use Planrrin~ Handbook January 2OU? Edition. The follol~~ir~~ SafetL Compatibility Zone, are defined for the "Short General :~~viation Rund~av"' (len<Tth le>~ than ~ f1fj0 feet) and the "Medium General Aviation Run«-av"' (ien~th =1.C1Ofj t~~ >,999 feet): Zone l: Run~~a~ Protection Zone Zone 2: Inner Approach-Departure Zone. Zone 3; Inner Turning., Z~~ne Zone 4: Outer ApproachiDepar-ture Zone Zone ~: Sideline Zone Zone 6: Traffic Pattern Zone "These zones are further described in the Califor~riia Airport Land Use Planning I-iandbook SOU? Edition (Chapter9 Table 9B). See Appendix D to view Table 9B. 2.1.3 Building Hei>?ht Restrictions Ln adopting criteria for building height restrictions in the vicinities of airports, the Commission considered only one standard and that was Federal Aviation Regulations Part 77 (FAR Part 77) entitled, "Objects Affecting Navigable Airspace." These regulations are the only definitive standard available and the standard most generally used. In order to ensure that buildings which might affect the continued operations of airports are not built in their vicinities, the Commission has incorporated the standards for determining obstructions and FAR Part 77 definitions, of the "imaginary surfaces" for- airports, as the guidelines for height limits. The "imaginary surfaces" are defined by means of elevations, heights and slopes in relation to individual airports, the spaces above which are reserved to air navigation. In addition to the "imaginary surfaces", the Commission will use all of the FAR Part 77.23 standards along with the results of FAA aeronautical studies, or other studies deemed necessary by the Commission, in order to determine if a structure is an "obstruction." Building or structural heights are limited to the distance between the ground elevation of the site and an elevation that has been detern~ined will not adversely effect an airport or aeronautical operations, nor navigational-aid siting criteria, including interference with navigational-aids or published flight paths and procedures. -13- i Formatted: Font: Times New Roman, Strikethrough The Commission may utilize criteria for protecting aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77, should evidence of health, welfare, or air safety surface sufficient to justify such an action. Commission review of individual cases will be guided by FAR Part 77, and by FAA Advisory Circular No. 1 ~Oh 190-4A, as published on December 14, 1987 and entitled "A Model Zoning Ordinance to Limit Height of Objects Around Airports" (Appendix F). This document has been promulgated by the FAA expressly to guide local agencies in the preparation of specialized zoning regulations, and in the conduct of individual case reviews. The Advisory Circular complements FAR Part 77, and together they provide an overall means to protect the navigable airspace at local airports. FAA review is required for ally proposed structure more than 200 feet above the surface level of its site. All such proposals shall be submitted to the ALUt' for revie~ti~~ regardless of where ~~~ithin the jurisdiction of the: Orange County ALUC they would be located. The results of an aeronautical study conducted by the FAA pursuant to FAR Part 77.13 will be utilized to detet-mine if a structure will have an adverse effect on the aiipoi-t or on aeronautical operations. If the proposed object is concluded to be a potential hazard to air navigation, the FAA_may object to its construction, examine possible revisions of the proposal to eliminate the problem require that the object be ~,pro~riately marked and lighted as an airspace obstruction, andior initiate changes to the aircraft flight procedure, for the airport so as to account for the object. The Commission considers and recognizes the FAA as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational-aid siting, including interference with navigational-aids or published flight paths and procedures. The Commission also considers the FAA as the "Authority" for reporting the results of such studies and project analyses. The Commission will not consider the findings of reports or studies conducted by parties other than the FAA unless the FAA certifies and adopts such findings as true and correct. In those portions of the height restriction planning areas that lie outside of the,~r ~ Formatted: Font: Times New e~ ^ °,.:a°~* n°+°~*~°' Safety Zones and 60 dB CNEL Contours, or other areas of Roman, Strikethrough __ special concern as delineated by the FAA and adopted by the Commission, local agencies are required to submit only those matters which contemplate structures that would penetrate the imaginary surfaces as defined in FAR Part 77.13, 77.25, or 77.28 which have been designated for each individual airport for height restriction referral. 2.1.4 Air Transportation The Commission is charged by PUC Section 21674 "to coordinate planning at the state, regional, and local levels, so as to provide for the orderly development of air transportation while, at the same time, protecting the public health, safety and welfare." The preparation and dissemination of the AELUPs are themselves -14- 12. Depiction of pri~poseci Helipad Protection Zone per Section ?.l.? of the ,Hc~l~~ort _ 1EL ~~P. Policies and criteria for heliports can be found in the ALUC's separate Airport E;irl~irons Land Use Plan for Helipof-t.~~.'Hc~listc~>>. 2.1.6 Planning Areas -Airports Designated planning areas for each Airport are set forth in Section 2.2. (See Appendix D) The Commission evaluated the factors germane to its mandated duties and decided that the planning areas shall be based on the following criteria: 1. Areas that are within the 60 dB CNEL contour, as specified for each individual airport in Section 2.2 of the AELUP. 2. Areas that are within the; '°~r ~^„°^/Runway Protection Zones or~~t ~'-etI Safetti~ Zones, as specified for each individual airport in Section 2.2 of the AELUP. Areas subject to building height restrictions, as specified for each individual airport in Section 2.2 of the AELUP. 4. In addition to the criteria listed above in items 1-3, the entire County shall be deemed within the Commission's planning area for development proposals (as defined in PUC Section 21676(b)) which are: Germane to air transportation i.e., sites of developments whose proposed populations, are so large as to have an effect on air transportation. b. Outside the height restriction planning area specified for each individual airport in Section 2.2 of the AELUP, but which are planned to be built to a height of more than 200 feet above ground level, and which in the opinion of the local agency, the FAA, or the Commission, may pose an adverse aeronautical effect, as generally defined in AELUP Section 3.2.1, must be submitted to the Commission. Within 20,000 feet from the nearest point of the nearest runway of at least 3,200' in length at JWA, which in the opinion of the local agency, the FAA, or the Commission would interfere with visual or electronic navigation systems or would threaten the operation of an airport or decrease its utility, by producing or causing excessive glare, light, steam, smoke, dust, electronic interference, or by attracting birds, must be submitted to the Commission. In those portions of the planning areas that lie outside of the; '°~~ ~^„°~~unway Protection Zones or~~~ p~~l Safety Zones and 60 dB CNEL contours or other areas of special concern as specified in Items 4a, 4b, or 4c, local agencies are -16- . __ _ ..._ _. ----- -_ --- - _ _ __... __ .i j Formatted: Font: Italic r..__.--_.__ ------_------_____-_- __--__ Formatted: Strikethrough J -Formatted: Font: Times New -- Roman, Strikethrough J Formatted: Font: Times New Roman, Strikethrough Formatted: Font: Times New Roman, Strikethrough ~ In February, 1985, the Board of Supervisors adopted the John Wayne Airport Master Plan (AMP) and the Santa Ana Heights Land Use Compatibility Program (LUCP). The Airport Master Plan includes a limit of 73 average daily departures (ADDs) for most commercial jet operations. In preparing the LUCP, a projected 65 dB CNEL noise contour reflecting expected future flight levels and a reasonable mix of aircraft types was utilized. This contour, referred to as the Project Case and depicted in EIR 508 (Figure 4.1 ~-l ~) (prepared jointly for the AMP and LUCP), was approved by the Board of Supervisors as the implementation line for two noise compatibility programs: Purchase Assurance and Acoustical Insulation. It was also utilized in the preparation and Board adoption of a land use plan. The Commission recognizes and utilizes the noise contours referred to in EIR 508 (Figure 4.15-15). Consideration of a future revision to this set of contours, referred to as the 73 ADD-Project Case - 1990 Contours, would probably occur subsequent to full implementation of Phase II of the JWA Master Plan, based on the JWA continuous noise monitoring program and the Commercial Airline Access Plan and Regulation. The Commission determined that the partial noise contour for JWA resulting from the 1992 FAA Demonstration Study (EIR 546, JWA Phase II Access Plan Amendments) should not be adopted. The Commission will re-evaluate this set of contours at such time as a comprehensive noise study is conducted as part of an Airport Master Plan update. The Commercial Airline Access Plan regulates flight operations at JWA. The Commission also adopted a set of noise contours referred to as the 73 ADD-Project Case - 2005 Contour (Figure 4.15-17) from EIR 508. The Commission will utilize noise projections from either the 1990 or the 2005 Project Case contours, which ever projects the highest noise level at the given location. The JWA CNEL contours adopted by the Commission are reflected in Appendix D and reflect the 1990/2005 highest noise level contour. SAFETY ZONE ~'"T'T' Dr'T~''` LJNWAY PROTECTION ZONES-JWA Runway Protection Zones are shown in Appendix D on the map entitled John Wayne Airport Impact Zones. Safety Zones are depicted on the exhibit titled Airport Land Use Plan & Safety ZYon,,es~also in Appendix D. 'T'~'° r'~~~~~~n~~~~ t, ~ .a + .a A ..' .a ° * D ..+° ~:., i 7.,i~C~-t6~~S--&i-i~ 6£~-l~C-~1~° ,~, , .l ,7 L,° rctrr-rrvrtrcr6prc~zccrcccnrz-vscircmrcv BUII.DING HEIGHT RESTRICTIONS -For JWA, the Commission, by reference, has adopted Part 77, Objects Affecting Navigable Airspace, of the Federal Aviation Regulations as a guideline to describe the ultimate height of structures under the imaginary surfaces as defined in FAR Part 77. Structures should not exceed the elevations defined in FAR Part 77.25 unless, upon completion of an aeronautical analysis conducted by the FAA pursuant to FAR Part 77.13, the Commission finds that they will be consistent with the Policies of Section 3.2 of the AELUP. In addition to the imaginary surfaces, the Commission will use all of the FAR Part 77.23 standards for determining if a structure is an "obstruction." Structural height is limited to the distance between the ground elevation of the site and an elevation which the FAA has determined will not adversely affect this airport or its aeronautical operations, including interference with navigational-aids or published flight paths and procedures. If the FAA concludes that the proposed structure would -18- Formatted: Font: Times New l Roman, Strikethrough J Formatted: Font: Times New Roman, Strikethrough be a potential hazard to air nayi~ation, the FAA may object to its constr-nctian. examine po;;ible rep i;ion; oFtllepropo;al to eliminate the problem regttir~ that the object be 3ppropriaiol~ marked and lighted as an airspace obstructio~l, and; ur initiate changes to the aircraFt #7irllt procedi_u~es For the ai>pori so as to account For tl~L obi:~t. The Commission may consider the utilization of criteria for protecting aircraft traffic patterns at this airport which may differ from those contained in FAR Part 77, should evidence of health, welfare, or air safety surface sufficient to justify such an action. The Commission will utilize the results of an Aeronautical Study, conducted by the FAA pursuant to FAR Part 77.13, in order to determine if a structure will have an adverse effect on the airport or on aeronautical operations. The C'aliFornia Airport Land Use Plailnin, Ilandbook {page 9-6. January 2002) emphasizes that the FAA aeronautical studies are Cl>i1C~rll~d oi11Y ~Vlth alrSpaC~ hc~zarC15. tlOt ~~itl3 llal~rtlti tt1 people and property on the vrou-ld. An FAA determination of "no hazard'- says notllin~7 about whether proposed construction is compatible with airport activity in terms of safety and noise. The FAA has no authority to rernovz or to prevent construction or vro~i~tll of objects doemed to be obstructions. Local ~?overnnlent having_jurisdiction over land use are t~,rpically responsible for establisllin~ heiuht limitation ordinances which prevent ne~v. and enable removal of existing. obstructions to the FAR Part 77 surfaces. PLANNING AREA -The Commission has adopted and defined as its Planning Area for John Wayne Airport all area within the 60 dB CNEL Contour (either the 73 ADD-Project Case Contour 1990 - or the 73 ADD-Project Case - 2005 Contour, whichever projects the highest noise level at the given locale), within the Runway Protection Zones, and all area that lies above or penetrates the 100:1 Imaginary Surface as defined in FAR Part 77.13. Outside of the 60 dB CNEL Contour, the Runway Protection Zones, or other areas of special concern as delineated by the FAA and adopted by the Commission, local agencies are required to submit only those matters to the Commission which contemplate or perniit structures that would penetrate the 100:1 imaginary surface for notice to the FAA as defined in FAR Part 77.13. TWENTY-YEAR FUTURE -The Commission assumes that the Airport will continue to operate in accordance with the JWA Master Plan and subsequent Settlement A~~reement Amendments and the current Airport Layout Plan through the 20-year planning horizon. nx~ n r,r.,~+e,. nip„ .,,,+:~ .,+ ~e.,~+ 2nnz.The County of Orange and the City of Newport Beach have approved an agreement to modify the 1985 Settlement Stipulation to allow an increase in operating capacity and commercial airline facilities at John Wayne Aiiport,~s~~T~,,,,n.~r ~ ~ ~nnz. The settlement agreement modifications were also approved by the two citizens groups which are signatories to the original 1985 Settlement Stipulation. These modifications increase the regulated Average Daily Departures from 73 to 89, and the permitted number of commercial passenger loading bridges froml4 to 20,4$. This activity level will continue through at leaster-a€ter, December 31, 201 ~. , b +t,o ~e++ie,-.,o.,+ .,,, o~,o.,+ ~'~ Formatted: Font: Times New Roman, Strikethrough Formatted: Font: Times New - Roman, Strikethrough J Formatted: Font: Times New Roman, Strikethrough Formatted: Font: Times New { Roman, Strikethrough Formatted: Font: Times New 1 Roman, Strikethrough -19- 3.2.3 Noise Impact Zone "I" -High Noise Impact (65 dB CNEL and above) Noise impact in this zone is sufficient to warrant restrictions on residential uses and to require sound attenuation measures on other uses. The ALUC doe, not support residential developt~~ent wit}iin the 6~ dB CNEL noise contour. All residential units are inconsistent in this area unless it can be shown conclusively that such units are sufficiently sound attenuated for present and projected noise exposures, which shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB CNEL, with an accompanying dedication of an avigation easement for noise to the airport proprietor applicable to single family residences, multi-family residences and mobile homes. Furthermore, all residential units are to be sufficiently indoor oriented so as to preclude noise impingement on outdoor living areas, as defined in Section 1.7. Noise-sensitive institutional uses such as schools, churches, hospitals, libraries, and other noise-sensitive uses may also be inconsistent in this zone. All noise-sensitive uses are inconsistent in this area unless it can be shown conclusively that such units are sufficiently sound attenuated for present.and projected noise exposures, which shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB CNEL, and may require the dedication of an avigation easement for noise to the airport proprietor. Commercial, industrial, and recreational uses may be acceptable in this zone providing that commercial and industrial structures are sufficiently sound attenuated to allow normal work activities to be conducted. Said structures shall be sound attenuated against the combined input of all present and projected exterior noise to meet the following criteria: Typical Use Level L (eQ)*(12)** Private office1, church sanctuary, board room, conference room, etc. 45 dB(A) General office'', reception, clerical etc. 50 dB(A) Bank lobby, retail store, restaurant, typing pool, etc. 55 dB(A) Manufacturing, kitchen, warehousing, etc. 65 dB(A) L(eq) is the equivalent sound level for a specified time period in dB(A). ** Measured from 7:00 a.m. to 7:00 p.m. or other appropriate, approved time period. An enclosed office intended for use by an individual An open office intended to have more than one work station. - 23 - In addition it i recomtt~ended that all designated outdoor common or recreational area; within Noise Impact Zone 1 provide outdoor sianaQe depicting the presence of operatin:; aircraft. 3.2.4 Noise Impact Zone "~" - Moderate Noise Impact (60 dB CNEL or s?reater, less than 65 dB CNEL) Noise impact in this area is sufficient to require sound attenuation as set forth in the California Noise Insulation Standards, Title 25, California Code of Regulations. Single noise events in this area create serious disturbances to many inhabitants. Even though the Commission would not find residential units incompatible in this area, the Commission strongly recommends that residential units be limited or excluded from this area unless sufficiently sound attenuated. The residential use interior sound attenuation requirement shall be a CNEL value not exceeding an interior level of 4~ dB. In addition, it is recommended that designated outdoor common or recreational areas within Noise Impact Zone 2 provide outdoor signaae depicting the presence of operating aircraft. rie~r ~~~7~~~ ~~ ~V+YQ~Q (`,-.,~1~_u~-~~.-rl ~ Formatted: Strikethrough _ __ 3.2.5 ~~-~e~--~T~~unway Protection Zone RPZ , - ~ Formatted: Strikethrough The severe potential for loss of life and property due to accidents prohibits most land uses in this area. Also, the close proximity to aircraft operations limits land uses which would endanger such operations. Only airport-related uses and open space uses, including agriculture and certain types of transportation and utility uses are permitted. No buildings intended for human habitation are permitted in the ~~1~ Formatted: Strikethrough ~e-RPZ. Furthermore, because of the proximity to aeronautical operations, uses in this area must not attract birds nor emit excessive glare or light, nor produce or cause steam, smoke, dust, or electronic interference so as to interfere with, or endanger, aeronautical operations. ~~n~ r ',to.-.,t,te r,..,~t, u„~.,.-a Formatted: Font: Times New ~~~-~~~~9i~ Roman, Strikethrough J r r.-r.r ~ r ,.« saoa ~;~,-., icn\ « «* „ .,t,o,- a ~~... a t„ «a..ea ~i nn\ «e ,, e e,-,, e ,.. « ~ arv-pcaaa`a-z~~6~-~6i~-~3~ciTea-;riir%rsiiscc~ccr~ (; ~~.~~ "M•,«,a; ,t 1.. :l,a;« \ Ail , ~ai~saai6~ c a •e > > > > > > , a~e~f~F-1}~}6rFrQauccvrcccccac~c6~ ', •7„~*~ ., of o..+,-..« «+a.-F ,-a e ~ ~ .-~ :tl, «,a., nor.,«~,.+:..~1 n«o.-.,~; o ~ o erg . Formatted: Font: Times New 7 7 A + D 7 ~~TT~~ T .+ rl u a ~~Jz -r-z-z~C-1{-~eH~r-v~~~ltit~l-~m~c-~~rrrrr~ca~i-mr.~ux-a Roman, Strikethrough r r.-„r ~ -24- SECTION 4.0 -IMPLEMENTATION 4.1 Statutes The Public Utilities Code for the State of California, Sections 21670 through 21679.5 governs the activities and responsibilities of the Airport Land Use Commission. A copy of these Sections can be found in Appendix A of this document. Further discussion of these responsibilities can be found below. Generally, the Commission is required to make recommendations directly to the California Department of Transpoi-tation/Aeronautics Division regarding the required State perniit for new airports and heliports/helistops. The Commission also makes findings regarding consistency of proposed land use plansi regulations/projects with this AELUP and forwards those findings to the appropriate local jurisdictions for their consideration. 4.2 General Plans and Specific Plans (Zoning) Each local agency having jurisdiction over any area within the planning areas (as defined in Section 2.1.6) is required to submit its general or specific plans (including conventional zoning and Planned Communities) for that area to the Commission for a determination in accordance with the Government Code for the State of California, Section 65302.3 and Public Utilities Code Section 21676. The submittals should highlight those areas which ___ address the AELUP noise impact, safety compatibility ; ^^~a°~* ~^*°~*~°1, and height Formatted: Font: Times New restriction zones. The only requirement is that the submittals illustrate how local agencies ~ Roman, Strikethrough will incorporate the performance standards outlined in this AELUP into their planning, zoning, and development processes. All agencies are encouraged to file their submittals at the earliest practical time. The agencies are encouraged further to include a statement or summary of those issues which are believed to be consistent, as well as inconsistent, with the standards of this AELUP. The fallowing palicies are recammended far inclusion in General Plans to promote Consistency with the Jib~~I ,-1ELL'P: Height Li~rritatio~is: Include General Plan palicies addressing height limitations on all John Wayne Airport Planning Area devel~ment to limit the height of any permanent or temporary structure to a height under the Airport obstruction imaginary surfaces as defined by FAA FAR Part 77 Appendix D. Obstruction Li~htin~ and Murkitr,>;: Include policies addressing liahtin~ and marking on all John Wayne Airport Planning Area; °°-,z~i;z development to comply with the conditions Formatted: Strikethrough _ _ and recommendations by the Federal Aviation Administration ("FAA") with respect to obstruction li7hting andior marking cansistent with the criteria provided in FAA Advisory Circulars 70/7460-1 and 70/7460-1It. Disclosure of JWA Proxiruiti~: Include policy for occupancy disclosure to be provided in future sales literature and sales/rentalr'lease agreements for the residential developments in _29_ thz John Wavne ~~iT-port Plannin« Area stating that the prope~-t~~ is located in the ~~iciility of J~ti"A. Dec'rl Disclosure 1V(lticc': Include policti for deed disclosure notification on all John 4~ aline Airport Planning Area rtsidealtial development writs that rewire a "Deed Disclosure Notice" of the aviCation easement. This disclosure noti~:e ~~,ould be submitted to tlrz City and signed as a dart of each sales~'rental.'lease agreement. .SlalluQe' For all outdoor parks and recreational facilities located in the John ~4'av-ne Airport Planning Area include policy requiring the placement of signage indicating the presence of operating aircraft. Sr~rrrrrf =~tter:trutiori• Include sound attenuation policies and EIR mitigation measure. for all John Wavne Airport Planning Ai~ea residential development in order to minimize the noise impacts on the residences from present andprojected future noise levels, including aircraft. helicopter and other noise sources. The sound attenuation requirements should, at a minimum meet all cun-ent City interior and exterior noise standards. Avigutia: Easement• Include policies and mitigation measures requiring all John Vi~'ayne Airport Planning Area residential development to record an avigation easement in the chain of title of each residential dwelling unit for noise and related aviation impacts in favor of the County of Orange, the airport proprietor of JWA prior to issuance of building permits. The avigation easement should be in a form consistent with cwrent Airport requirements. (This avigation easement is separate from and in addition to the "Avigation Easement for Orange County Airport" recorded March 17, 1964 in book 696, pace 721 of the official records of Orange County ~;~hich represents a separate John Wavne Airport "o4vnership" avigation easement already existing over portions of the Irvine Business Complex (IBCI. 4.3 Amendments to General Plans and Specific Plans (Zoning) Within the AELUP planning areas (as defined in Section 2.1.6), any amendment to a General Plan or Specific Plan (including conventional zoning and Planned Communities) must be submitted to the Commission for a determination prior to its adoption by the local agency. The submittal should be in the same manner as with Section 4.2 above. 4.4 Zoning Ordinances and Building Regulations Within the AELUP planning areas (as defined in Section 2.1.6), any proposed changes to a zoning ordinance or building regulation must be submitted to the Commission for a deternination prior to its adoption by the local agency. The submittal should be in the same manner as with Section 4.2 above. -30- 8. Is the project within the Runway Protection Zone (RPZ) of the affected airport'? _____ ___ ________ ;Formatted: Strikethrough b ' Is the project within the Height Restriction Zone (FAR Part 77 Notification Area) of the affected airport? Has the project sponsor filed a 7460-1 Notice with the FAA? (Provide a copy of the FAA Determination to ALUC staff. If a 7460-1 Determination is necessary, the ALUC must have this as part of the submittal before the project can be accepted for filing.) 10. Applicable sections of CEQA documentation. 11- Latitude and LontTitude (accurate to within the nearest hundredth of a second if known . 1 ~ Height of each of the proposed structures above around level. 13 Elevation of the project site using North American Vertical Datum 1988 (NAVD88) or National Geodetic Vertical Datum of 1929 (NGVD29). 14 Local agency buildin~ height restrictions for the project area (Zoning Requirements). 1 ~ Building heights of sun-oundina structures within 1000' radius of the proposed Formatted: Indent: Hanging: o.s" project area. PLEASE NOTE: A heliport (airport) r•efef•ral chech-list is in the AELUP for Heliports. 4.8 Acceptance of Submittal Matters referred to the Commission for review shall be deemed accepted upon the date when all materials and information necessary for processing a project have been confirmed as received by the Commission staff. Staff will inform the local jurisdiction, in writing within five working days after receipt of an item for consideration (with copy to applicant), whether more information as specified in Section 4.7 is necessary or if the item will then be deemed accepted and scheduled for formal review by the Commission (See Appendix I -Referral Confirmation Letter). Necessary information as specified in Section 4.7 must include final plans, acoustical reports or FAA Aeronautical Studies when deemed necessary for Commission review by the Commission staff. This procedure does not apply to screen checks or Draft Environmental Impact Report responses which staff will respond to within the specified review period. If the local jurisdiction is not contacted by Commission staff by the sixth business day, they should contact the Commission office to verify receipt of the original referral package. Upon receipt of a complete referral for Airport Land Use Commission review and consideration, the Commission Secretary shall schedule and -32- 4.9 4.10 agendize said referral for the next available Airport Land Use Commission meeting. Who Ma File The implementation of this AELUP shall result generally from the interaction between the Commission and local agencies. Only local agencies may submit General and Specific Plans, Airport Master Plans, and amendments thereto. Commission Finding of Inconsistency When the Commission determines that a submittal is inconsistent with the AELUP, the Commission shall promptly notify the affected local agency. The local agency may modify the submitted project so as to be consistent tivith the AELUP, and resubmit the project to the Commission for a determination of consistency; or the local agency may instead choose to overrule the Commission by following the procedure established in PUC Sections 21676 and 21676.5 (see Appendix A). This procedure requires the local agency to: hold a public hearing on the matter by its governing body (Board of Supervisors, City Council); make specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670 (see Appendix A); and ovenule the Commission by atleast atwo-thirds vote of the Board of Supervisors or City Council. When such an overruling occurs, the PUC provides in Section 21678 (see Appendix A) that if the local agency does not operate the public airport in question, then the operator of that affected public airport shall be immune from liability for damages to property or personal injury caused by, or resulting directly or indirectly from, the local agency's decision to overrule the Commission's determination of inconsistency. 4.11 Inconsistent Local Agency If the Commission determines that a City or the County is an Inconsistent Local Agency and the local jurisdiction does not overrule that determination, the Commission may require that the jurisdiction submit all land use actions to the Commission for review and determination. 4.12 Continuous Monitoring It shall be the ongoing function of the Commission and its staff to monitor all development within the planning areas to ensure that the purposes of this AELUP are fulfilled. 4.13 Periodic Review The Commission shall review the substance and adequacy of this AELUP; * ~~*°n~~'~ ~~* *~ a°°°°a *••~°~~~ ~ •~~ ~'^' •~•^^*'~° at a minimum of once every five years. Formatted: Font: Times New Roman, Strikethrough - 33 - Note: County Unincorporated areas are shown in white. John Wayne Airport Impact Zones Composite contour from John Wayne Airport Project Case-1990 and 2005 LEGEND (see section 2.2.1) ~, -60- CNEL CONTOUR CERTIFICATION ' , . ^. ~ RUNWAY PROTECTION ZONE Adopted by the Airport Land Use Commission for Orange County ~ ~ ~ ~ ~ CITY BOUNDARIES e ~ ~ ~ ~ ~ ~~ AIRPORT BOUNDARIES ~ scene ~~ Feet Kari A. Rigoni, Executive Officer Date AE~U;~,.' ~:~~c~pzone.~gr. i AELUP Height Restriction Zone for JWA Note: County Unincorporated areas are shown in white. FAR PART 77 Notification Area for John Wayne Airport; 20,000' Radius at 100:1 Slope LEGEND - CERTIFICATION - - - 20,000'Radius Adopted by the Airport Land Use Commission for Orange County ' , - - CITY BOUNDARIES ,,, .w, ~;, „~; . AIRPORT BOUNDARIES -. .a~ sccb, ;, cpe~ I r~ai ~ r~, ruyvi u, LnGI,UIIVG vi ni,c~ vac r~ . .. .. ..~~ / ~~ ~ ` ~ ~•~"} ~>~. ~~~~ !~ ~ 1 /~ ~~, t-- - ~ %- ~ ~~: ~~~ ~ °o . '` ~ '~, ~ry, -.. ~..' i ~~~`r ., l'3~' 4 `\\\ ~~ J .{ '~~~ ~; n } ~ ~~ k FAR PART 77 John Wayne Airport Obstruction Imaginary Surfaces LEGEND _____ _.__.-- ---_----_----,-,_-- CERTIFICATION ' , Adopted by the Airport Land Use Commission for Orange County .^ ^ ^ CITY BOUNDARIES i;)~' ~.l''J ul~ +UUiI :'~i~!,' ail ^~~ AIRPORT BOUNDARIES sou -_ . ~ i~. ~ . _ ': t -' - ~c .r>. ~"" ~-'= i Kari A. Rigoni, Executive Officer Date Note: County Unincorporated areas are shown in white.