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

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are for their determination, which may differ from the FAA's determination. 5) Section 2.1.3 adds reference to FAA Advisory Circular 150I5190- 4A, A Model Zoning Ordinance to Limit Height of Objects Around Airports for Commission Review. This FAA Advisory Circular provides specific guidance for establishing zoning regulations along with specific guidance on a "variance" process for potential obstructions. At Section 3.b., "The Federal Aviation Administration (FAA) conducts aeronautical studies on obstructions which examine their effect on such factors as: aircraft operational capabilities; electronic and procedural requirements; and, airport hazard standards. If an aeronautical study shows that an obstruction, when evaluated against these factors, has no substantial adverse effect upon the safe and efficient use of navigable airspace, then the obstruction is considered not to be a hazard to air navigation [emphasis added]." 6) FAA AC 150/5190-4B, Airport Land Use Compatibility Planning, references 14 CFR Part 77/Obstruction Evaluation (OE) Processes and Surfaces, and the FAA's standards and regulations that protect the nation's airspace: "14 CFR Part 77, 'Safe, Efficient Use and Preservation of Navigable Airspace,' establishes standards for determining and defining objects that may pose potential obstructions to air navigation. 14 CFR Part 77 was developed by the FAA to promote safety, and the efficient use and preservation of the navigable airspace. The airspace areas governed by 14 CFR Part 77 are called 'imaginary surfaces.' 7) Caltrans Division of Aeronautics — Caltrans publishes the Handbook in accordance with State Law with the purpose to, "provide information to ALU Cs, their staffs, airport proprietors, cities, counties, consultants, and the public; to identify the requirements and procedures for preparing effective compatibility planning documents; and define exemptions where applicable (Caltrans, 2011)." The Handbook provides specific guidance for assessing potential airspace obstructions in Section 4.5 Airspace Protection. 8) JWA--The FAA requires airport sponsors like Orange County to accept specific grant assurances when they acceptfederal funding. Hazard Removal and Mitigation and Compatible Land Use are two of these assurances (49 U.S.C. § 47107(a)(9) and (10)). For hazard removal, the Airport relies on the FAA's aeronautical study to meet its requirement. For compatible land use, the Airport relies on coordination with the surrounding cities and the ALUC. The following are the specific assurances: (a) Hazard Removal and Mitigation. It will take appropriate Resolution No. 2025-043 Page 17 of 20