HomeMy WebLinkAbout07-73 - Overrule Land Use Commission's Proposed Wyndham Boutique Hotel/High-Rise Residential ProjectRESOLUTION NO. 07-73
K'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA', RELATED TO THE
INTENT TO OVERRULE THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION'S
DETERMINATION THAT THE PROPOSED WYNDHAM
BOUTIQUE HOTEL / HIGH-RISE RESIDENTIAL
PROJECT (INCLUDING GENERAL PLAN AMENDMENT
AND SPECIFIC PLAN AMENDMENT) ARE
INCONSISTENT WITH THE 2002 JOHN WAYNE
AIRPORT ENVIRONS LAND USE PLAN.
WHEREAS, the City Council of the City of Costa Mesa adopted the 2000
General Plan on January 22, 2002;
WHEREAS, the Planning Commission of the City of Costa Mesa adopted the
North Costa Mesa Specific Plan by Resolution No. 94-67 in July 1994;
WHEREAS, by its very nature, the General Plan and North Costa Mesa Specific
Plan need to be updated and refined to account for current and future community
needs;
WHEREAS, the proposed Wyndham Boutique Hotel / High -Rise Residential
project analyzed in Program EIR Number 1054 and proposed by Howard Zelefsky of
Makar Properties involves the construction of an approximately 23-story/304' AMSL
high-rise residential building at 3350 Avenue of the Arts, in conjunction with an interior
renovation of the existing 6 -story Wyndham Hotel;
WHEREAS, the proposed project involves the following discretionary approvals:
(1) Certification of Final EIR No. 1054; (2) Overrule of the Airport Land Use Commission
Determination; (3) General Plan Amendment GP -06-03 to amend the Land .Use
Element of the General Plan to incorporate provisions for high-rise residential
development in the project area; (4) North Costa Mesa Specific Plan Amendment SP -
07 -01 to establish development standards and other related provisions in the NCMSP
for the project; (5) Final Master Plan PA -06-75 for major renovation of the existing
Wyndham Hotel site including: a reduction in hotel rooms from 238 to 200 rooms;
construction of a 23 -story high-rise residential building with 120 for -sale. condominium
units, a lounge/bar, and ancillary retail uses; and demolition of existing parking structure
and construction of a new seven -level, 480 -space parking structure; and (5) Vesting
Tentative Tract Map No. 17172 for the subdivision of the property for condominium
purposes.
. WHEREAS, the proposed Wyndham Boutique Hotel project include the following
building height limit for the master plan and overall Specific Plan areas as shown in
Table 1:
Table 1
HEIGHT LIMIT
Project Site
Master Plan
Specific Plan
Building
Height Limits
Height Limit
PROPOSED PROJECT:
304' AMSL
280' AGL
WYNDHAM BOUTIQUE
HOTEL/ HIGH-RISE
RESIDENTIAL PROJECT
3350 Avenue of the Arts
WHEREAS, California Public Utilities Code Section 21676(b) requires the City of
Costa Mesa to refer the proposed project to the Orange County Airport Land Use
Commission (ALUC) for consistency with the Airport Environs Land Use Plan;
WHEREAS, at a duly -noticed public hearing on September 20, 2007, the ALUC
found the proposed project to be inconsistent with the AELUP on a 5-3 vote;
WHEREAS, pursuant to Public Utilities Code Sections 21670 and 21676, the
City of Costa Mesa may, after a public hearing, propose to overrule the ALUC by a four-
fifths vote of the City Council, if the City of Costa Mesa makes specific findings that the
proposed project is consistent with the purposes of Section 21670;
WHEREAS, at a duly -noticed public hearing on October 2, 2007, the Costa
Mesa City Council took action to notify the ALUC of the City's intent to overrule the
ALUC's Determination of Inconsistency for the proposed project;
NOW, THEREFORE, the Costa Mesa City Council DOES HEREBY RESOLVE
to notify the Orange County Airport Land Use. Commission of the City's intent to
overrule the ALUC Determination that the proposed Wyndham Boutique Hotel / High -
Rise Residential project (inclusive of a General Plan Amendment and North Costa
Mesa Specific Plan Amendment) are inconsistent with the 2002 John Wayne Airport
Environs Land Use Plan.
BE IT FURTHER RESOLVED that the City Council DOES HEREBY ADOPT the
required findings in support of the City's intent to overrule of the ALUC Determination,
as shown in Exhibit "A", FINDINGS.
BE IT FURTHER RESOLVED that the City Councildirects staff to forward .a
letter to the Airport Land Use Commission and Caltrans Department of Transportation,
Division of Aeronautics indicating the City of Costa Mesa's intent to override the. ALUC's
Determination of Inconsistency with the Airport Environs Land Use Plan. The letter
shall include the proposed findings in support of the City's intended action.
PASSED AND ADOPTED this 2" d. day of October, 2007.
ATTEST:
JuYe Folcik, City Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY.
that the above and foregoing is the original of Resolution No. 07-73 and 'was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 2nd day of October, 2007, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
MANSOOR, BEVER, LEECE
NONE
DIXON, FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of October, 2007.
J IE FOLCIK, CITY CLERK
EXHIBIT "A"
FINDINGS
The Costa Mesa City Council makes the following findings as stated in Section 21670
and required by Section 21676 of the Public Utilities Code as follows:
A. Section 2.1.3 of the John Wayne Airport Environs Land Use Plan (AELUP)
indicates that the Airport Land Use Commission recognizes the Federal Aviation
Administration (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
AELUP also indicates that the Commission considers the FAA as the "Authority
for reporting results of such studies and project analyses. The FAA No Hazard
Determinations dated July 23, 2007 is summarized in Table A and attached as
Exhibit 1.
Table A
FAA NO HAZARD DETERMINATION
Project Site
Building Height Limit
Wyndham Boutique Hotel / High-
304' AMSL
Rise Residential project
270' AGL
3350 Avenue of the Arts
B. It is in the public interest to (1) provide for the orderly development of each public
use airport in this state and the area surrounding these airports so as to (2)
promote the overall goals and objectives of the California airport noise standards
adopted pursuant to Section 21669 and to (3) prevent the creation of new noise
and safety problems.
(1) To provide for the orderly development of John Wayne Airport (JWA) and
the area surrounding the airport, the ALUC adopted the 2002 Airport Environs
Land Use Plan (AELUP) on December 19, 2002. AELUP Section 2.2.1 sets
standards and criteria based on the continuing operation of John Wayne
Airport as a commercial and general aviation airport. The AELUP standards
guide development proposals to best provide for orderly development of the
airport and the area surrounding the airport through implementation of the
standards in Section 2.2.1 for CNEL CONTOURS, ACCIDENT POTENTIAL
ZONES/RUNWAY PROTECTION ZONES AND BUILDING HEIGHT
RESTRICTIONS.
The ALUC staff report prepared for the ALUC during its review of the
proposed application on August 16 and September 20, 2007, indicated. that
there is a "basis for finding the proposed project [as conditionally consistent]
with the JWA AELUP." The ALUC staff report indicated that ALUC staff has
reviewed this project with respect to compliance with the JWA AELUP,
including review of noise, height restrictions, imaginary surfaces, flight track:
information and environmental compliance. Based upon staff's review of the
proposed project, including review of the FAA Determination of No Hazard
and review of past Consistency actions by the ALUC for projects in this area,
there is a basis for finding the currently proposed project conditionally
consistent with the Commission's JWA AELUP
C. The projects' compliance with Section 2.2.1 of the JWA AELUP is established as
follows:
CNEL CONTOURS — The proposed project is outside the
AELUP's Noise Impact Zone No. 1 (65 dB CNEL) and No. 2 (60 dB
CNEL) noise contours, however the City project approval requires
that the applicant meet City noise standards, which are consistent
with the sound attenuation level of 45 dB CNEL included in the
AELUP Section 3.3.6.
ACCIDENT POTENTIAL ZONES/RUNWAY PROTECTION ZONES
— The proposed project is outside of John Wayne Airport (JWA)
Runway Protection Zones as depicted in Appendix D of the
AELUP; the ALUC has not adopted any Accident Potential Zones
for this airport because none could be justified with the available
data.
• BUILDING HEIGHT RESTRICTIONS — As evidenced by a Federal
Aviation Administration (FAA) Determination of "No Hazard to
Navigation" issued for. the proposed project in July, 2007, the
proposed project does not represent a hazard to air navigation at a
maximum height of 304' AMSL at 3350 Avenue of the Arts.
D. Section 2.2.1 of the JWA AELUP also allows the ALUC to "consider utilization of
criteria for protecting aircraft traffic patterns at the airport which may differ from
those contained in FAR Part 77, should evidence of health, welfare, or air safety
surface sufficient to justify such action." The ALUC "will utilize the results of an
Aeronautical Study, conducted by the FAA pursuant to FAR Part 77.13, in order
to determine if a structure will have an adverse effect on the airport or on
aeronautical operations."
The Council acknowledges that 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. However, the Council considered the
FAA No Hazard Determination that the proposed building would not. present a
hazard to air navigation. The City Council finds the ALUC's belief that the
proposed projects would increase public exposure to safety hazards was not
based on substantial evidence that was introduced, commented on, or identified
in support of the incompatibility finding.
E. The City of Costa Mesa requires that all development proposals meet the City's
noise standards of 45 dB CNEL for the interior of residential uses, which is
consistent with the standards established to promote the overall goals and
objectives of the California airport noise standards. A condition has been placed
on the project to demonstrate compliance with the City's noise standards before
the City will issue each building permit for the project. Through implementation.
of the City's noise standards, the project meets the AELUP standards for
California airport noise standards.
F. The standards established in Section 2.2.1 of the AELUP were adopted to
prevent the creation of new noise and safety problems. The proposed project
complies with the standards established in Section 2.2.1 of the AELUP through
compliance with the noise criteria for CNEL noise contours, and the proposed
project is outside the 60 dB CNEL noise contour and accident potential
zones/runway protection zones. The FAA has completed its review of the
proposed building which is penetrating the Part 77 horizontal imaginary surface
by 98 feet. The FAA has determined the proposed building does not represent a
hazard to air navigation.
G. Section 2.2.1 of the AELUP also states that the ALUC has not adopted any
Accident Potential Zones for this airport because none could be justified with the
available data. By requiring project adherence to the established standards in
the AELUP, the City has taken measures to assure risks to people and property
on the ground, and to the occupants of aircraft, are held to a minimum.
H. It is the purpose of Chapter 3.5 of the State Aeronautics Act to (1) protect public
health, safety, and welfare by ensuring the orderly expansion of airports and the
(2) adoption of land use measures that minimize the public's exposure to
excessive noise and safety hazards within areas around public airports to the
extent that these areas .are not already devoted to incompatible uses.
The Airport Environs Land Use Plan (AELUP) is based on the continuing
operation of John Wayne Airport as a commercial and general aviation airport
facility. The ALUC's authority to formulate .land use plans is embodied in the
John Wayne AELUP, which includes criteria in Section 2.2.1 to protect the public
health, safety, and welfare by ensuring the orderly expansion of airports. The
proposed project, including General Plan Amendment. and North . Costa Mesa.
Specific Plan Amendment, meet the criteria set forth in the AELUP Section 2.2.1
as the standards and criteria for development in the airport environs area. Thus,
the proposed projects provide a development plan for property that will protect
the public health, safety, and welfare and ensure the orderly expansion of the
airport. Other existing buildings are present in the area which are taller than the
proposed project (i.e. Center Tower at 320' AMSL and . Plaza Tower at 319'
AMSL). Thus, the criteria are met with these existing buildings and will continue
to be met with the proposed building.
J. The standards and criteria established in Section 2.2.1 of the AELUP are
adopted by the ALUC to minimize the public's exposure to excessive noise and
safety hazards. The proposed project is consistent with the standards and
criteria established in Section 2.2.1 of the AELUP. By meeting the criteria in
Section 2.2.1 of the AELUP including criteria for noise, runway protection zones
and building height restrictions, the proposed development will minimize the
public's exposure to excessive noise and safety hazards within areas around
public airports through subjection of the projects to conditions identified by the
ALUC. The conditions require sound attenuation of noise impacts to meet City
and California airport minimum standards, obstruction lighting and marking
consistent with the FAA Advisory Circular 70/7460-1, "Notice of Airport in vicinity"
to future occupants, outdoor signage depicting the presence of operating aircraft
in community areas of the project, and the requirement to obtain an
encroachment permit for the construction activities.
Federal Aviation Administration
Air Traffic Airspace Branch, ASW -520
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 07/23/2007
Jason Korengold
Makar Properties, LLC
4100 MacArthur Blvd. #200
Newport Beach, CA 92660
Aeronautical Study No.
2007 -AWP -393 -OE
** 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 Southwest Corner
Location: Costa Mesa, CA
Latitude: 33-41-30.54 N NAD 83
Longitude: 117-52-50.71 W
Heights: 270 feet above ground level (AGL)
304 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory.
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed
and returned to this office any time the project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part, I)
_X Within 5 days after the construction reaches its greatest height (7460-2, Part II)
See attachment for additional condition(s) or information.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 01/23/2009 unless:
(a) extended, revised or terminated by the issuing office.
(b) 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 6
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before August 22, 2007. In the event a petition for review is filed, it must contain a full statement of the .basis
upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423,
Federal Aviation Administration, 800 Independence Ave., Washington, D.C. 20591.
This determination becomes final on September 01, 2007 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Office of Airspace and Rules via
telephone -- 202-267-8783 - or facsimile 202-267-9328.
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.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure., and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
A copy of this determination will be forwarded to the Federal Communications Commission if the structure is
subject to. their licensing authority.
If we can be of further assistance, please contact Karen McDonald, at (310)725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2007 -AWP -393 -OE.
Page 2 of 6
Signature Control No: 500466-100591239. (DNH)
Kevin P. Haggerty
Manager, Obstruction Evaluation Service
Attachment(s)
Additional Information.
Map(s)
7460-2 Attached
Page 3 of 6
Additional information for ASN 2007 -AWP -393 -OE
THE PROPOSAL IS FOR A HIGHRISE BUILDING LOCATED AT 3350 AVENUE OF THE ARTS,
COSTA MESA, CALIFORNIA. THIS POINT OF THE BUILDING IS SITED 1.15 NAUTICAL MILES
(NM) FROM THE JOHN-WAYNE ORANGE COUNTY (SNA) AIRPORT, THE CLOSEST PUBLIC -USE
LANDING AREA. OTHER STRUCTURES OF SIMILAR HEIGHT HAVE BEEN STUDIED AND ISSUED
AIRSPACE DETERMINATIONS IN THIS AREA,
THIS STRUCTURE POINT IS LOCATED 6,041 FEET FROM THE RUNWAY 19R PHYSICAL
APPROACH END.
THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE
STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS:
77.23(a)(2), BY 48 FEET, A HEIGHT MORE THAN 200 FEET ABOVE THE SNA FIELD ELEVATION
(56'AMSL) WITHIN 3 NM OF THE AIRPORT REFERENCE POINT,
77.25(a), BY 98 FEET, A HEIGHT EXCEEDING THE SNA HORIZONTAL SURFACE.
APPLICATION OF STANDARD VFR TRAFFIC PATTERN CRITERIA FINDS THAT ALTHOUGH THE
SITE UNDERLIES THE VFR TRAFFIC PATTERN AIRSPACE FOR THE AIRPORT, THE STRUCTURE
HEIGHT WILL HAVE NO GREATER CUMULATIVE IMPACT ON VFR TRAFFIC PATTERN
OPERATIONS THAN PREVIOUSLY STUDIED AND DETERMINED STRUCTURES OF SIMILAR
HEIGHT.
FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON
VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR)
OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE
STRUCTURE, AT THIS POINT, WERE BUILT TO THE MAXIMUM PROPOSED HEIGHT.
THE STRUCTURE WOULD HAVE NO ADVERSE EFFECT UPON THE CAPACITY OF THE AIRPORT
OR ON ANY PLAN ON FILE.
THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF -MOUNTED APPURTENANCES, INCLUDING
BUT NOT LIMITED TO ANTENNAS, ROOF -TOP EQUIPMENT, SIGNS, AND RED OBSTRUCTION
LIGHTING.
UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA
FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A 1 A -ACCURACY AS -BUILT SURVEY
ATTACHED. THE SUPPLEMENTAL INFORMATION WILL ALSO BE USED FOR AERONAUTICAL
CHARTING.
THIS PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT.
THE AERONAUTICAL IMPACT IS KNOWN.
THIS PROPOSAL WAS CIRCULARIZED FOR PUBLIC COMMENT. NO COMMENTS OR
OBJECTIONS WERE RECEIVED.
Page 4 of 6
THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH
OTHER PROPOSED AND EXISTING STRUCTURES AND TERRAIN, IS NOT CONSIDERED TO BE
SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT
UTILIZATION OF THE NAVIGABLE AIRSPACE.
THEREFORE, IT IS DETERMINED THAT THE. PROPOSED STRUCTURE AT THIS POINT WOULD
NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON THE SAFE AND EFFICIENT UTILIZATION
OF THE NAVIGABLE AIRSPACE BY AIRCRAFT OR ON ANY AIR NAVIGATION FACILITY AND
WOULD NOT BE A HAZARD TO AIR NAVIGATION.
THIS AIRSPACE DETERMINATION DOES NOT SUPERSEDE ANY CITY OR COUNTY HEIGHT .
RESTRICTION THAT MAY BE IMPOSED OR IN EFFECT OVERLYING THIS DEVELOPMENT SITE.
Page 5 of 6
Verified Map for ASN 2007 -AWP -393 -OE
Page 6 of 6
Federal Aviation Administration Aeronautical Study No.
Air Traffic Airspace Branch, ASW -520 2007 -AWP -395 -OE
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 07/23/2007
Jason Korengold
Makar Properties, LLC
4100 MacArthur Blvd. #200
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 Northeast Corner
Location:
Costa Mesa, CA
Latitude:
33-41-31.92 N NAD 83
Longitude:
117-52-49.66 W
Heights:
270 feet above ground level (AGL)
304 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed
and returned to this office any time the project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part I)
X_ Within 5 days after the construction reaches its greatest height (7460-2, Part II)
See attachment for additional condition(s) or information.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 01/23/2009 unless:
(a) extended, revised or terminated by the issuing office.
(b) 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 6
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before August 22, 2007. In the event a petition for review is filed, it must contain a full statement of the basis
upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423,
Federal Aviation Administration, 800 Independence Ave., Washington, D.C. 20591.
This determination becomes final on September 01, 2007 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Office of Airspace and Rules via
telephone -- 202-267-8783 - or facsimile 202-267-9328.
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.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
A copy of this determination will be forwarded to the Federal Communications Commission if the structure is
subject to their licensing authority.
If we can be of further assistance, please contact Karen McDonald, at (310)725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2007 -AWP -395 -OE.
Page 2 of 6
Signature Control No: 500468-100591243
Kevin P. Haggerty
Manager, Obstruction Evaluation Service
Attachment(s)
Additional Information
Map(s)
7460-2 Attached
Page 3 of 6
(DNH)
Additional information for ASN 2007 -AWP -395 -OE
THE PROPOSAL .IS FOR A HIGHRISE BUILDING LOCATED AT 3350 AVENUE OF THE. ARTS,
COSTA MESA, CALIFORNIA. THIS POINT OF THE BUILDING IS SITED 1.16 NAUTICALMILES
(NM) FROM THE JOHN-WAYNE ORANGE COUNTY (SNA) AIRPORT, THE CLOSEST PUBLIC -USE
LANDING AREA. OTHER STRUCTURES OF SIMILAR HEIGHT HAVE BEEN STUDIED AND ISSUED
AIRSPACE DETERMINATIONS IN THIS AREA,
THIS STRUCTURE POINT IS LOCATED 6,059 FEET FROM THE RUNWAY 19R PHYSICAL
APPROACH END.
THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE
STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS:
77.23(a)(2), BY 48 FEET, A HEIGHT MORE THAN 200 FEET ABOVE THE SNA FIELD ELEVATION
(56'AMSL) WITHIN 3 NM OF THE AIRPORT REFERENCE POINT.
77.25(a), BY 98 FEET, A HEIGHT EXCEEDING THE SNA HORIZONTAL SURFACE
APPLICATION OF STANDARD VFR TRAFFIC PATTERN CRITERIA FINDS THAT ALTHOUGH THE
SITE UNDERLIES THE VFR TRAFFIC PATTERN AIRSPACE FOR THE AIRPORT, THE STRUCTURE
HEIGHT WILL HAVE NO GREATER CUMULATIVE IMPACT ON VFR TRAFFIC PATTERN
OPERATIONS THAN PREVIOUSLY STUDIED AND DETERMINED STRUCTURES OF SIMILAR
HEIGHT.
FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON
VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR)
OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE
STRUCTURE, AT THIS POINT, WERE BUILT TO THE MAXIMUM PROPOSED HEIGHT.
THE STRUCTURE WOULD HAVE NO ADVERSE EFFECT UPON THE CAPACITY OF THE AIRPORT
OR ON ANY PLAN ON FILE.
THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF -MOUNTED APPURTENANCES, INCLUDING
BUT NOT LIMITED TO ANTENNAS, ROOF -TOP EQUIPMENT, SIGNS, AND RED OBSTRUCTION
LIGHTING.
UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA
FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A 1 A -ACCURACY AS -BUILT SURVEY
ATTACHED. THE SUPPLEMENTAL INFORMATION WILL ALSO BE USED FOR AERONAUTICAL
CHARTING.
THIS PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT.
THE AERONAUTICAL IMPACT IS KNOWN.
THIS PROPOSAL WAS CIRCULARIZED FOR PUBLIC COMMENT. NO COMMENTS OR
OBJECTIONS WERE RECEIVED.
Page 4 of 6
THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH
OTHER PROPOSED AND EXISTING STRUCTURES AND TERRAIN, IS NOT CONSIDERED TO BE
SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT
UTILIZATION OF THE NAVIGABLE AIRSPACE.
THEREFORE, IT IS DETERMINED THAT. THE PROPOSED STRUCTURE AT THIS POINT WOULD.
NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON THE SAFE AND EFFICIENT UTILIZATION
OF THE NAVIGABLE AIRSPACE BY AIRCRAFT OR ON ANY AIR NAVIGATION FACILITY AND
WOULD NOT BE A HAZARD TO AIR NAVIGATION.
THIS AIRSPACE DETERMINATION DOES NOT SUPERSEDE ANY CITY OR COUNTY HEIGHT
RESTRICTION THAT MAY BE IMPOSED OR IN EFFECT OVERLYING THIS DEVELOPMENT SITE.
Page 5 of 6
Verified Map for ASN 2007 -AWP -395 -OE
; 2007 ESRI
Page 6 of 6
Federal Aviation Administration
Air Traffic Airspace Branch, ASW -520
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 07/23/2007
Jason Korengold
Makar Properties, LLC
4100 MacArthur Blvd. #200
Newport Beach, -CA 92660
Aeronautical Study No.
2007 -AWP -396 -OE
** 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 Northwest Corner
Location:
Costa Mesa, CA
Latitude:
33-41-31.93 N NAD 83
Longitude:
117-52-50.70 W
Heights:
270 feet above ground level (AGL)
304 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to .this Determination, the structure is marked and/or lighted in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed
and returned to this office any time the project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part I)
X Within 5 days after the construction reaches its greatest height (7460-2, Part II)
See attachment for additional condition(s) or information.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination.expires on 01/23/2009 unless:
(a) extended, revised or terminated by the issuing office.
(b) 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 6
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before August 22, 2007. In the event a petition for review is filed, it must contain a full statement of the basis
upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division -Room 423,
Federal Aviation Administration, 800 Independence Ave., Washington, D.C. 20591.
This determination becomes final on September 01, 2007 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Office of Airspace and Rules via
telephone -- 202-267-8783 - or facsimile 202-267-9328.
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.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
A copy of this determination will be forwarded to the Federal Communications Commission if the structure is
subject to their licensing authority.
If we can be of further assistance, please contact Karen McDonald, at (310)725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2007 -AWP -396 -OE.
Page 2 of 6
Signature Control No: 500469-100591244 (DNH)
Kevin P. Haggerty .
Manager, Obstruction Evaluation Service
Attachment(s)
Additional Information
Map(s)
7460-2 Attached
Page 3 of 6
Additional information for ASN 2007 -AWP -396 -OE
THE PROPOSAL IS FOR A HIGHRISE BUILDING LOCATED AT 3350 AVENUE OF THE ARTS,
COSTA MESA, CALIFORNIA. THIS POINT OF THE BUILDING IS SITED 1..17 NAUTICAL MILES
(NM) FROM THE JOHN-WAYNE ORANGE COUNTY (SNA) AIRPORT, THE CLOSEST PUBLIC -USE
LANDING AREA. OTHER STRUCTURES OF SIMILAR HEIGHT HAVE BEEN. STUDIED AND ISSUED
AIRSPACE DETERMINATIONS IN THIS AREA.
THIS STRUCTURE POINT IS LOCATED 6,128 FEET FROM THE RUNWAY 19R PHYSICAL
APPROACH END.
THIS STRUCTURE POINTHEIGI4T IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE
STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS:
77.23(a)(2), BY 48 FEET, A HEIGHT MORE THAN 200 FEET ABOVE THE SNA FIELD ELEVATION
(56'AMSL) WITHIN 3 NM OF THE AIRPORT REFERENCE POINT.
77.25(a), BY 98 FEET, A HEIGHT EXCEEDING THE SNA HORIZONTAL SURFACE.
APPLICATION OF STANDARD VFR TRAFFIC PATTERN CRITERIA FINDS THAT ALTHOUGH THE
SITE UNDERLIES THE VFR TRAFFIC PATTERN AIRSPACE FOR THE AIRPORT, THE STRUCTURE
HEIGHT WILL HAVE NO GREATER CUMULATIVE IMPACT ON VFR TRAFFIC PATTERN
OPERATIONS THAN PREVIOUSLY STUDIED AND DETERMINED STRUCTURES OF SIMILAR
HEIGHT.
FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON
VISUAL FLIGHT RULES (VFR) OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR)
OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE
STRUCTURE, AT THIS POINT, WERE BUILT TO THE MAXIMUM PROPOSED HEIGHT.
THE STRUCTURE WOULD HAVE NO ADVERSE EFFECT UPON THE CAPACITY OF THE AIRPORT
OR ON ANY PLAN ON FILE.
THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF -MOUNTED APPURTENANCES, INCLUDING
BUT NOT LIMITED TO ANTENNAS, ROOF -TOP EQUIPMENT, SIGNS, AND RED OBSTRUCTION
LIGHTING.
UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA
FORM 7460-2 AS. SUPPLEMENTAL INFORMATION WITH A IA -ACCURACY AS -BUILT SURVEY
ATTACHED. THE SUPPLEMENTAL INFORMATION WILL ALSO BE USED FOR AERONAUTICAL
CHARTING.
THIS PROPOSAL IS IN AN AREA OF.PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT.
THE AERONAUTICAL IMPACT IS KNOWN.
THIS PROPOSAL WAS CIRCULARIZED FOR PUBLIC COMMENT. NO COMMENTS OR
OBJECTIONS WERE RECEIVED.
Page 4 of 6
THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH
OTHER PROPOSED AND EXISTING STRUCTURES AND TERRAIN, IS NOT CONSIDERED TO BE
SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT
UTILIZATION OF THE NAVIGABLE AIRSPACE.
THEREFORE, IT. IS DETERMINED THAT THE PROPOSED STRUCTURE AT THIS POINT WOULD
NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON THE SAFE AND EFFICIENT UTILIZATION
OF THE NAVIGABLE AIRSPACE BY AIRCRAFT OR ON ANY AIR NAVIGATION FACILITY AND
WOULD NOT BE A HAZARD TO AIR NAVIGATION.
THIS AIRSPACE DETERMINATION DOES NOT SUPERSEDE ANY CITY OR COUNTY HEIGHT
RESTRICTION THAT MAY BE IMPOSED OR IN EFFECT OVERLYING THIS DEVELOPMENT SITE.
Page 5 of 6
Verified Map -for ASN 2007 -AWP -396 -OE
Page 6 of 6
Federal Aviation Administration
Air Traffic Airspace Branch, ASW -520
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 07/23/2007
Jason Korengold
Makar Properties, LLC
4100 MacArthur Blvd. #200
Newport Beach, CA 92660
Aeronautical Study No.
2007 -AWP -394 -OE
** 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 Southeast Corner
Location:
Costa Mesa, CA
Latitude:
33-41-30.53 N NAD 83
Longitude:
117-52-49.67 W
Heights:
270 feet above ground level (AGL)
304 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12.
It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed
and returned to this office any time the project is abandoned or:
_ At least 10 days prior to start of construction (7460-2, Part I)
X Within 5 days after the construction reaches its greatest height (7460-2, Part II)
See attachment for additional condition(s) or information.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 01/23/2009 unless:
(a) extended, revised or terminated by the issuing office.
(b) 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 6
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before August 22, 2007. In the event a petition for review is filed, it must contain a full statement of the basis
upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423,
Federal Aviation Administration, 800 Independence Ave., Washington, D.C. 20591.
This determination becomes final on September 01, 2007 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Office of Airspace and Rules via
telephone -- 202-267-8783 - or .facsimile 202-267-9328.
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.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight rules and instrument flight rules; the impact
on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
A copy of this determination will be forwarded to the Federal Communications Commission if the structure is
subject to their licensing authority.
If we can be of further assistance, please contact Karen McDonald, at (310)725-6557. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2007 -AWP -394 -OE.
Page 2 of 6
Signature Control No: 500467-100591242
Kevin P. Haggerty
Manager, Obstruction Evaluation Service
Attachment(s)
Additional Information
Map(s)
7460-2 Attached
Page 3 of 6
(DNH)
Additional information for ASN 2007 -AWP -394 -OE
THE PROPOSAL IS FOR A HIGHRISE BUILDING LOCATED AT 3350 AVENUE OF THE ARTS,
COSTA MESA, CALIFORNIA. THIS POINT OF THE BUILDING IS SITED 1.14 NAUTICAL MILES
(NM) FROM THE JOHN-WAYNE ORANGE COUNTY (SNA) AIRPORT, THE CLOSEST PUBLIC -USE
LANDING AREA. OTHER STRUCTURES OF SIMILAR HEIGHT HAVE BEEN STUDIED AND ISSUED
AIRSPACE DETERMINATIONS IN THIS AREA.
THIS STRUCTURE POINT IS LOCATED 5,971 FEET FROM THE RUNWAY 19R PHYSICAL
APPROACH END.
THIS STRUCTURE POINT HEIGHT IS IDENTIFIED AS AN OBSTRUCTION BY EXCEEDING THE
STANDARDS OF FEDERAL AVIATION REGULATION (FAR) PART 77, SUBPART C, AS FOLLOWS:
77.23(a)(2), BY 48 FEET, A HEIGHT MORE THAN 200 FEET ABOVE THE SNA FIELD ELEVATION
(56'AMSL) WITHIN 3 NM OF THE AIRPORT REFERENCE POINT.
77.25(a), BY 98 FEET, A HEIGHT EXCEEDING THE SNA HORIZONTAL SURFACE.
APPLICATION OF STANDARD VFR TRAFFIC PATTERN CRITERIA FINDS THAT ALTHOUGH THE
SITE UNDERLIES THE VFR TRAFFIC PATTERN AIRSPACE FOR THE AIRPORT, THE STRUCTURE
HEIGHT WILL HAVE NO GREATER CUMULATIVE IMPACT ON VFR TRAFFIC PATTERN ' '
OPERATIONS THAN PREVIOUSLY STUDIED AND DETERMINED STRUCTURES OF SIMILAR
HEIGHT.
FAA EVALUATION HAS FOUND THERE WOULD BE NO SIGNIFICANT ADVERSE EFFECT UPON
VISUAL FLIGHT RULES (VFR) .OPERATIONS, OR UPON INSTRUMENT FLIGHT RULES (IFR)
OPERATIONS, OR UPON THE OPERATION OF AN AIR NAVIGATION AID (NAVAID), IF THE
STRUCTURE, AT THIS POINT, WERE BUILT TO THE MAXIMUM PROPOSED HEIGHT.
THE STRUCTURE WOULD HAVE NO ADVERSE EFFECT UPON THE CAPACITY OF THE AIRPORT
OR ON ANY PLAN ON FILE.
THIS MAXIMUM HEIGHT SHALL INCLUDE ALL ROOF -MOUNTED APPURTENANCES, INCLUDING
BUT NOT LIMITED TO ANTENNAS, ROOF -TOP EQUIPMENT, SIGNS, AND RED OBSTRUCTION
LIGHTING.
UPON THE STRUCTURE REACHING ITS MAXIMUM HEIGHT, THE SPONSOR SHALL SUBMIT FAA
FORM 7460-2 AS SUPPLEMENTAL INFORMATION WITH A IA -ACCURACY AS -BUILT SURVEY
ATTACHED. THE SUPPLEMENTAL INFORMATION WILL ALSO BE USED FOR AERONAUTICAL
CHARTING.
THIS PROPOSAL IS IN AN AREA OF PREVIOUSLY STUDIED STRUCTURES OF SIMILAR HEIGHT.
THE AERONAUTICAL IMPACT IS KNOWN.
THIS PROPOSAL WAS CIRCULARIZED FOR PUBLIC COMMENT. NO COMMENTS OR
OBJECTIONS WERE RECEIVED.
Page 4 of 6
THE CUMULATIVE EFFECT OF THIS PROPOSED STRUCTURE, WHEN COMBINED WITH
OTHER PROPOSED AND EXISTING STRUCTURES AND TERRAIN, IS NOT CONSIDERED TO BE
SIGNIFICANT AND WOULD HAVE NO GREATER EFFECT UPON THE SAFE AND EFFICIENT
UTILIZATION OF THE NAVIGABLE AIRSPACE.
THEREFORE, IT IS DETERMINED THAT THE PROPOSED STRUCTURE AT THIS POINT WOULD
NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON THE SAFE AND EFFICIENT UTILIZATION
OF THE NAVIGABLE AIRSPACE BY AIRCRAFT OR ON ANY AIR NAVIGATION FACILITY AND
WOULD NOT BE A HAZARD TO AIR NAVIGATION.
THIS AIRSPACE DETERMINATION DOES NOT SUPERSEDE ANY CITY OR COUNTY HEIGHT
RESTRICTION THAT MAY BE IMPOSED OR IN EFFECT OVERLYING THIS DEVELOPMENT SITE.
Page 5 of 6
Verified Map for ASN 2007 -AWP -394 -OE
Page 6 of 6