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The Bowery Mixed -Use Project 2. Response to Comments Letter A4: Orange County Airport Land Use Commission Comment 1: This comment provides general background information about the Project, and states that the site is located within the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR)' Part 77 Notification Area for John Wayne Airport (JWA). The comment asserts that the Project site is located under the primary aircraft approach corridor (and departure corridor five percent of the time) for JWA and that future residents would be exposed to significant overflight and single -event noise due to the Project's location. Response 1: JWA is located approximately 2.2 miles southwest of the Project, and the site is under the primary aircraft approach corridor. However, Project structures would not be within the FAA FAR Part 77 Notification Area for JWA. The JWA FAR Part 77 Notification Area is a three-dimensional imaginary surface that consists of a 100:1 aerial slope extending outward for 20,000 feet (or 3.79 miles) from the nearest runway, or areas higher than 200 feet above ground level (JWA AELUP page 13). As the Project site is located 2.2 miles from the airport, it is within 20,000 feet (or 3.79 miles) from the runway. However, the Project structures would not be above {or penetrate) the 100:1 imaginary surface slope, and therefore, would not be within the JWA FAR Part 77 Notification Area. As shown in Figure 1, the 100:1 imaginary surface area slope at the Project site is located above heights of 108.6 and 116.95 feet above the ground level. As the highest Project structure is 94 feet above the ground level, the structures would not penetrate the 108.6 through 116.96 foot -high imaginary surface area above the site. Therefore, Project structures would not be within the FAR Part 77 Notification Area (as defined in FAR Part 77.13). Additionally, as described in Section 5.10, Noise, of the Draft EIR, and shown on Draft EIR Figure 5.10-2, the Project site is located outside the 55 dBA CNEL aircraft noise level contour boundaries of JWA. According to the exterior noise thresholds outlined in the Airport Environs Land Use Plan (AELUP) for JWA, multi -family residential development is considered normally consistent with exterior noise levels of less than 60 dBA CNEL. As the Project site is located outside the 55 dBA CNEL aircraft noise level contour boundaries of JWA, the residential land use is consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds. Also, the airport related noise at the Project site does not exceed the City's municipal code permissible noise levels. Therefore, impacts related to single event noise from aircraft overflight would not occur. Additionally, the County's General Aviation Noise Ordinance prohibits commercial aircraft departures be:ween the Hour of 1 0:00 p.m. and 7:00 a.m. and arrivals between the hours of 1 1 :00 p.m. and 7:00 a.m. These restrict'ons substantially limit the aircraft noise during nighttime hours. Therefore, future residential uses at the site would be consistent with airport noise planning and residents of the Project would not be exposed to significant noise from aircraft overflight. Comment 2: This comment asserts that the Project is in proximity to a noise impacted area within the airport influence area and states concurrence with the Draft EIR inclusion of Mitigation Measure LU-1 that all prospective residents of the Protect site shall be notified of airport related noise, and that notification shall be included in lease/rental agreements. Response 2: Asdescribed in Response 1, the Project is not located within or adjacent to an area that is impacted by noise from aircraft overflight. The Project site is located outside the 55 clBA CNEL aircraft noise level contour, where pursuant to the AELUP, multi -family residential development is considered consistent. Also, the airport related noise at the Project site does not exceed the City's municipal code permissible noise levels for multi -family residential uses. t 14 Code of Federal Regulations (CFRi Part 77, et seq. City of Santa Ana 2-25 Final EIR April 2020 75C-945