APPENDIX F FAA and Orange County ALUC References
Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76193 Issued Date: 06/26/2014 Aeronautical Study No. 2014-AWP-2473-OE Kim Prijatel City Ventures 1900 Quail Street Newport Beach, CA 92660 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building - Buena Park Nabisco Hotel/Residential Project Location: Buena Park, CA Latitude: 33-52-29.00N NAD 83 Longitude: 118-00-23.00W Heights: 70 feet site elevation (SE) 56 feet above ground level (AGL) 126 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 12/26/2015 unless: (a) (b) (c) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. extended, revised, or terminated by the issuing office. the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 3
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. If we can be of further assistance, please contact our office at (310) 725-6558. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2014-AWP-2473-OE. Signature Control No: 214101999-222188080 ( DNE ) LaDonna James Technician Attachment(s) Map(s) Page 2 of 3
Verified Map for ASN 2014-AWP-2473-OE Page 3 of 3
Orange County Airport Land Use Commission Request for Determination of Consistency With Fullerton AELUP City Ventures-Buena Park Mixed Use Project/Auto Center Specific Plan Amendment A. Project Description City Ventures, LLC is proposing a development plan consisting of an approximately 149 for-sale townhomes, an approximately 102-room hotel and a future new automobile sales auto dealership on approximately 14.7 acres of land in the City of Buena Park. The townhomes would occupy 8.5 acres in the northern part of the site, and these would all be constructed in three-story structures, with a maximum building height of 45 feet. Automobile parking would be provided in 298 attached garage spaces plus 130 open surface spaces, plus another 19 on-street spaces along Rostrata Avenue. A 21,750 square feet central recreation area for the residents is included in the townhome plan. The two-acre hotel site would include a four-story structure, containing approximately 66,775 square feet, with a maximum building height of 56 feet, along with 102 open, surface-level vehicle parking spaces surrounding the hotel building. The auto sales dealership plan is conceptual at this time, since no dealers have committed to develop on this site; however, a facility of approximately 40-45,000 square feet of building area is anticipated, with sales, administrative, display, outside storage, vehicle repair bays, surface parking, etc. to occupy the approximately 4-acre site. The building(s) could be single or two-story in height. Construction is tentatively scheduled to begin in late 2014, with full occupancy of all uses projected by 2018. The project site is located within Sub-District A4 of the Buena Park Auto Center Specific Plan (ACSP). The ACSP currently designates this site for automobile sales and leasing businesses, flood control and utility facilities, retail sales businesses, hotels, and a variety of other commercial land uses and associated accessory uses typically found in a retail area. Residential uses are currently not included in the range of permitted uses. The City s General Plan designates this site for Commercial land uses. The proposed project would require an amendment to the Buena Park General Plan to authorize the proposed residential land use. It would also require an amendment to the ACSP to allow the proposed residential land use, to specify the locations of the proposed hotel, residential and auto dealership sites. Other City approvals required for this project include a Tentative Subdivision Map to create individual development sites for the three land uses, to create a condominium subdivision with individual air space ownership rights for the proposed townhomes, and to assign appropriate identifications for any common areas. A Development Agreement is proposed to authorize the proposed development plan and to establish financial terms and levels of participation by the City and the Applicant. B. Project Location As shown on the attached Project Location exhibit, the project site is situated at the northwest corner of Artesia Boulevard and Rostrata Avenue, in the City of Buena Park. The I-5/Artesia Boulevard freeway interchange northbound ramps are immediately to the south, providing convenient access from the regional transportation network. The southeast corner of the Site is located 1.17 miles west of the Fullerton Municipal Airport. C. Existing and Proposed General Plan Designations The Buena Park General Plan currently designates the Site as Commercial. A General Plan Amendment is proposed to designate the proposed 8.5 acre townhome site as High Density Residential. 1
Orange County Airport Land Use Commission Request for Determination of Consistency With Fullerton AELUP City Ventures-Buena Park Mixed Use Project/Auto Center Specific Plan Amendment D. Land Uses on and Surrounding Project Site The Site is currently vacant. It was previously developed with a Nabisco Foods processing plant that operated between 1964 and the late-1990s. The Nabisco facilities were demolished and removed by 2007. The Site is in a fully urbanized area surrounded by a variety of light industrial uses to the north, south and west, a mixture of residential uses to the east, and the Carpenters Union Training Center is adjacent on the west. An aerial view of the existing land use pattern is provided in the Project Location exhibit. E. Approval Schedule Preparation of an environmental impact evaluation under CEQA is in process. Project approvals are tentatively scheduled to be considered by the Buena Park City Council in October 2014. F. Airport Noise Contours The Site lies several hundred feet beyond (west and north of) the 60 CNEL airport noise contour that is depicted on Exhibit A in Resolution No. 83-1 adopted by the Orange County ALUC, and contained within Appendix C of the Fullerton Municipal Airport Environs Land Use Plan (AELUP). ALUC staff have confirmed that the Site lies well beyond the 2002 or 2023 60 CNEL noise contours 1. This Site is, therefore, not significantly impacted by air traffic noise associated with the Fullerton Airport. G. Runway Protection and Accident Potential Zones The Site lies thousands of feet beyond the westernmost accidental potential zones identified for the Fullerton Airport, as depicted on the exhibit entitled Airport Impact Zones Fullerton Municipal Airport, found within Appendix D of the AELUP. This project would not, therefore, be exposed to significant hazards due to proximity to the airport accident potential zones. H. Height Restriction Zone The Site lies within the outer edge of the Height Restriction Zones depicted on the exhibit entitled FAR Part 77 Fullerton Municipal Airport Notification Area: 10,000 Foot Radius at 50:1 Slope, found within Appendix D of the AELUP. Buildings in the project site area are restricted to a maximum height of approximately 219 to 235 feet above mean sea level 2. Average ground elevation at the project Site is 70 feet above sea level. The proposed townhomes would have a maximum building height of 45 feet and the proposed three-story hotel would have a maximum building height of 56 feet. The future auto dealer buildings would be no higher than two-stories/35 feet high. The proposed buildings would reach a maximum height of approximately 126 feet above sea level, which is 93 feet lower than the lowest permitted elevation in the 50:1 Slope Zone. This project would not, therefore, conflict with the height restrictions established for this area. 1 See email correspondence from Lea Choum, ALUC, March 25, 2014. 2 Maximum building height elevations provided by Orange County Airport Land Use Commission staff on March 25, 2014 (see attached email correspondence between Lea Choum of ALUC and Randy Nichols of p3 services). 2
Orange County Airport Land Use Commission Request for Determination of Consistency With Fullerton AELUP City Ventures-Buena Park Mixed Use Project/Auto Center Specific Plan Amendment Further, the Site lies hundreds of feet beyond the outermost ring of the FAR Part 77 Imaginary Surfaces established for the Fullerton Airport, as depicted on the exhibit entitled FAR Part 77 Fullerton Municipal Airport Obstruction Imaginary Surfaces, found in Appendix D of the AELUP. This restricted space is also referred to as the 20:1 Conical Surface Area. Maximum building heights on the Site defined by ALUC for this 20:1 Conical Surface area range from 300-340 feet above sea level. 3 The proposed structures would reach a maximum height of 126 feet AMSL; therefore, they would not project into this restricted air space. I. Relevant CEQA Documentation An Initial Study is underway to examine the environmental impacts of the proposed project, pursuant to CEQA. The Initial Study will incorporate the above findings regarding less than significant impacts involving airport traffic noise and safety risks associated with runway hazards and no impact involving obstructions of air traffic space. 3 See attached email correspondence between ALUC staff and p3 services. 3
3/27/2014 p3 services Mail - Building Height Limits in Buena Park portion of Fullerton Airport Height Restriction Zone? Randy Nichols <randy.nichols@p3services.net> Building Height Limits in Buena Park portion of Fullerton Airport Height Restriction Zone? 11 messages Randy Nichols <randy.nichols@p3services.net> To: "krigoni@ocair.com" <krigoni@ocair.com> Fri, Mar 21, 2014 at 2:28 PM Hello. I am compiling materials for the City of Buena Park to submit for an ALUC consistency determination, for a new development proposal in Buena Park, at the NW corner of Artesia Blvd./Rostrata Avenue. This site falls in the outer edge of the Fullerton Airport's FAA Height Restriction Zone, but I am not finding any info within the AELUP that defines the actual building height limits in this area, in terms of # of feet above ground level. We want to define the limit within our ALUC submittal so we can easily demonstrate that the proposed three-story structures are well below the height restriction limit. Can you send me any materials that define the applicable height limits defined for the Buena Park area? -- Randy A. Nichols, LEED GA Principal Consultant, p3 services 24310 Moulton Parkway, Ste. O #192 Laguna Hills, CA 92637 949.413.2036 randy.nichols@p3services.net Randy Nichols <randy.nichols@p3services.net> To: "Ochoa, Elizabeth" <EOchoa@ocair.com> Fri, Mar 21, 2014 at 3:40 PM Hello. Since Ms. Rigoni is out today, I am forwarding this request to you as well. Thanks. [Quoted text hidden] Choum, Lea <LChoum@ocair.com> To: "randy.nichols@p3services.net" <randy.nichols@p3services.net> Mon, Mar 24, 2014 at 1:02 PM Hello Mr. Nichols, https://mail.google.com/mail/u/0/?ui=2&ik=696706ac10&view=pt&search=inbox&th=144e68bdf52b4b26&siml=144e68bdf52b4b26&siml=144ff05e9e3c1e95&siml=144ff126f867ac0f 1/9
3/27/2014 p3 services Mail - Building Height Limits in Buena Park portion of Fullerton Airport Height Restriction Zone? We would be happy to review the proposed project and let you know the height restrictions for FMA if you could provide us with the following: Site Address Latitute/Longitute coordinates for the proposed project site Proposed height of project Ground Elevation Brief description of proposed project Thank you, Lea Lea Choum, Land Use Manager John Wayne Airport, Orange County 949.252.5123 3160 Airway Avenue Costa Mesa, CA 92626 [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=696706ac10&view=pt&search=inbox&th=144e68bdf52b4b26&siml=144e68bdf52b4b26&siml=144ff05e9e3c1e95&siml=144ff126f867ac0f 2/9
3/27/2014 p3 services Mail - Building Height Limits in Buena Park portion of Fullerton Airport Height Restriction Zone? image002.jpg 15K Randy Nichols <randy.nichols@p3services.net> To: "Choum, Lea" <LChoum@ocair.com> Mon, Mar 24, 2014 at 3:01 PM There is no site address, as it is vacant. It is a 14.5 acre area, situated at the northwest corner of Artesia Blvd. and Rostrata Ave., in Buena Park. Latitude and longitude are as follows: 33 degrees 52 feet 28.6 inches North 118 degrees 00 feet 27.53" West Hotel would be 4-stories tall, with a maximum height of 56 feet. Townhomes would be three stories tall, with a maximum height of less than 50 feet. Future auto dealer(s) buildings would be up to two-stories/35 feet tall. Ground elevation is approximately 70 feet above sea level. Project is a development plan, including approximately 163 residential townhomes on 8.5 acres, an approximately 100-room hotel on two acres, and one-two auto dealers on four acres. [Quoted text hidden] Choum, Lea <LChoum@ocair.com> To: Randy Nichols <randy.nichols@p3services.net> Tue, Mar 25, 2014 at 8:22 AM Thank you. I will let you know when our CAD expert finishes his review. https://mail.google.com/mail/u/0/?ui=2&ik=696706ac10&view=pt&search=inbox&th=144e68bdf52b4b26&siml=144e68bdf52b4b26&siml=144ff05e9e3c1e95&siml=144ff126f867ac0f 3/9
3/27/2014 p3 services Mail - Building Height Limits in Buena Park portion of Fullerton Airport Height Restriction Zone? Lea From: Randy Nichols [mailto:randy.nichols@p3services.net] Sent: Monday, March 24, 2014 3:02 PM To: Choum, Lea Subject: Re: FW: Building Height Limits in Buena Park portion of Fullerton Airport Height Restriction Zone? [Quoted text hidden] Randy Nichols <randy.nichols@p3services.net> To: "Choum, Lea" <LChoum@ocair.com> Tue, Mar 25, 2014 at 9:10 AM Great-thanks! Do you think this will be in a day or two? We are close to finishing our ALUC review materials and this info is an important part of that. [Quoted text hidden] Choum, Lea <LChoum@ocair.com> To: Randy Nichols <randy.nichols@p3services.net> Tue, Mar 25, 2014 at 9:45 AM I will check with our CAD person and see what his schedule is like. Lea From: Randy Nichols [mailto:randy.nichols@p3services.net] Sent: Tuesday, March 25, 2014 9:11 AM [Quoted text hidden] [Quoted text hidden] Choum, Lea <LChoum@ocair.com> To: Randy Nichols <randy.nichols@p3services.net> Tue, Mar 25, 2014 at 4:16 PM Randy, https://mail.google.com/mail/u/0/?ui=2&ik=696706ac10&view=pt&search=inbox&th=144e68bdf52b4b26&siml=144e68bdf52b4b26&siml=144ff05e9e3c1e95&siml=144ff126f867ac0f 4/9
3/27/2014 p3 services Mail - Building Height Limits in Buena Park portion of Fullerton Airport Height Restriction Zone? Here s the information you requested for the property located at the northwest corner of Artesia Blvd. and Rostrata Ave., in Buena Park. Per the Airport Environs Land Use Plan for Fullerton Municipal Airport (FMA): For Notification Area at 50:1 Slope The addresses are situated right under the 50:1-Slope Notification Area with elevation limitation varies from EL. 219.15 to EL. 237.15 AMSL. For Fullerton Municipal Airport Part 77 Airspace Plan: This property is within the Conical Surface (Slope 20:1) with elevation limitation varies from EL. 300 to EL. 340 AMSL For Fullerton Municipal Airport Impact Zone: The address is neither situated within 2002 nor 2023 60-CNEL Noise Contour. It appears that your proposed project heights would not penetrate the surfaces for FMA. Hotel 56 + 70 AMSL = 126 AMSL Townhomes 50 + 70 AMSL = 120 AMSL Auto dealers 35 +70 AMSL 105 AMSL Thank you, Lea https://mail.google.com/mail/u/0/?ui=2&ik=696706ac10&view=pt&search=inbox&th=144e68bdf52b4b26&siml=144e68bdf52b4b26&siml=144ff05e9e3c1e95&siml=144ff126f867ac0f 5/9