Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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ensure that this impact would be reduced to a less -than -significant level. Airport Hazards The Certified EIR stated that John Wayne Airport (JWA) is the nearest public airport, which is located approximately 6.5 miles to the southwest of the Overlay Zone. As discussed previously in the Regulatory Framework, the Overlay Zone is located within a height restriction of 200 feet that overlays the entirety of Orange County. Because land uses that may occur in the Active Urban district under the Overlay Zone could exceed 200 feet in height, any such uses (over 200 feet in height) would subsequently fall within the Airport Planning Area for JWA. Therefore, any construction or alteration of more than 200 feet in height above the ground level at a project site requires filing with the FAA. Projects meeting this threshold must comply with procedures provided by Federal and State law, including filing a Notice of Proposed Construction or Alteration (FAA Form 7460-1). Specifically, filing the FAA Form 7460-1 would be required for any proposed structure that would be greater than 200 feet in height, at which time FAA would conduct an aeronautical study to determine if the structure would have an adverse effect on the airport or on aeronautical operations. Subsequent to the findings of the FAA aeronautical study, the project would be subject to ALUC consistency review. As mentioned previously, development in the Active Urban district under the Overlay Zone could involve structures that exceed 200 feet in height. Development in the Neighborhood Transitional and Village Center districts would be more restricted in height limitations and would not be expected to exceed 200 feet in height. Because specific development projects are not proposed in the Overlay Zone, it is unknown whether future developments would actually be greater than 200 feet. Additionally, it is possible that during the temporary construction period of projects in the Active Urban district, cranes could be used for a limited time to affix the floors and other appurtenances. The FAA recognizes that construction of structures normally requires the use of temporary construction equipment that is of a greater height than the proposed structure. Therefore, because future development could exceed 200 feet in height in the Active Urban district, this would be considered a potentially significant impact. Thus, implementation of Mitigation Measure MM-OZ 4.6-4 would be required for future development that could exceed 200 feet in height, which would require FAA approval to be obtained to ensure that construction and operation of future projects do not present a hazard to air navigation. In addition, due to the fact that buildings within the Active Urban district may exceed 200 feet in height and because of the required City approvals for the Overlay Zone (i.e., General Plan Amendment and Zone change), the City would submit a referral for the Overlay Zone to the ALUC per Public Utilities Code (PUC) Section 21676(b) and the AELUP. Coupled with implementation of Mitigation Measure MM-OZ 4.6-4, future development in the Overlay Zone would not result in a safety hazard for people residing or working in the Overlay Zone area. It was determined that this impact will be reduced to a less -than -significant level. Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 575 10/3/2023