2025-043 - Overruling the Orange County Airport Land Use Commission's

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k. Based on the foregoing, the Project is consistent with AELUP's height standards. I. The ALUC has uncertain statements within its AELUP regarding who has final authority in determining whether a building is an obstruction or hazard. Each entity that has aviation safety duties and responsibilities related to this matter relies on or ultimately defers to the FAA's authoritative aviation safety role in airspace determinations. 1) The AELUP for JWA, Section 2.1.3 Building Height Restrictions states, "In 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 ([14CFR] Part 77) entitled, Objects Affecting Navigable Airspace. These regulations are the only definitive standard available [emphasis added] and the standard most generally used. In the aeronautical studies, the FAA determines if a project is considered an Obstruction and if a project is determined to be a Hazard to Air Navigation" 2) Section 2.1.3 also recognizes FAA aeronautical studies beyond 14 CFR Part 77 surfaces as the standard for review, "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, [emphasis added] or other studies deemed necessary by the Commission, in order to determine if a structure is an 'obstruction."' This section goes on to state: 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. 3) This is in contradiction to Section 2.1.3 of the AELUP which states: "A Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination by the ALUC. The FAA may also conclude in their aeronautical study that a project is an Obstruction but not a Hazard to Air Navigation. The Commission may find a project Inconsistent based on an Obstruction determination. 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." 4) Neither the AELUP, nor the ALUC specify what their criteria Resolution No. 2025-043 Page 16 of 20