Item 26 - Public Hearing Regarding Bristol Project

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ALUC Response to No] to Overrule Related Bristol Specific Plan October24, 2023 Page 2 Regulation (FAR) Part 77 Horizontal Obstruction Imaginary Surface for JWA, ALUC has the following additional comments regarding the findings and facts of support included in the September 26, 2023 letter. Response to Finding and Fact in_Sunnort "a" Rep-ardina Heiuht: The City contends that since the proposed zone change would allow the establishment of specific plan, but "does not specify exact locations and heights of each implementing development that falls within the scope of the specific plan," that the ALUC lacks evidence of the Project's inconsistency with the AELUP," The proposed specific plan would allow for buildings with residential uses up to 25 stories or 285 feet in height which would penetrate the 206 feet Horizontal Surface for JWA regardless of where they are located within the specific plan boundaries. Such structures have potential to adversely impact the continued operation of the airport and other aeronautical operations. Resvme to ct in Su art "blegimnMiti anti a Measures: The City states that during the July 20, 2023 meeting, City staff and the project applicant provided additional information indicating that the City will review projects within the specific plan area and require Federal Aviation Administration (FAA) notification for buildings exceeding 200 feet in height, and stated that the Final Supplemental Environmental Impact Report for the project would contain a mitigation measure requiring "Notice of Airport in Vicinity" to be included in all lease/rental agreements and outdoor signage informing the public of the presence of operating aircraft. The City asserts that these measures would demonstrate consistency with AELUP Section 3.2.1. The ALUC appreciates the inclusion of these mitigation measures, however the ALUC determination was based on the fact that the proposed specific plan would allow for buildings with residential uses up to 25 stories or 285 feet in height which would penetrate the 206 feet Horizontal Surface for JWA. Reaponse_to.._Fact.in..SWort "c" Regarding Noise: The City states that because the project is located outside of the 60 and 65 dBA CNEL noise contours, and because mitigation measures will be required that the project is consistent with the AELUP. While the ALUC appreciates that the project will not place residents within the 60 and 65 dBA noise contours, noise was not a sole factor in ALUC's determination of inconsistency. Response to Fact in Support_"d" Regarding_Safety: The City states that because the project is outside of the Safety Zones for JWA, and because the City will require FAA Determinations of No Hazard to Air Navigation that the project is consistent with the AELUP. Section 3.2.1 of the AELUP states, "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which ... permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permits activities or facilities that would affect adversely aeronautical operations." Moreover, a finding of No Hazard to Air Navigation from the FAA does not equate to a Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response