Burbank Municipal Code Div. 2 Heights Surrounding Bob Hope Airport

A. ADOPTION.

The FAA Filing Requirement Map containing an explanatory note and showing and delineating the location and boundaries of areas surrounding the Bob Hope Airport and the height limits for structures and any objects of natural growth within each area, is on file in the office of the City Clerk as the FAA Filing Requirement Map of the City and is hereby adopted by reference and declared to be a part of this chapter. A copy of the map is attached as Exhibit A and incorporated hereby this reference.

B. DIVISION INTO PARTS.

The FAA Filing Requirement Map may, for convenience, be divided into parts and each part may, for purposes of more readily identifying areas within the map, be subdivided into units and such parts and units may be separately employed for the purpose of amending the map or for official references thereto.

C. AMENDMENTS.

The FAA Filing Requirement Map shall be promptly corrected to conform to amendments thereto. [Formerly numbered Section 31-154; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3663, eff. 3/15/05.]

When uncertainty exists in applying the provisions of this division, Section 10-1-303 shall apply. [Formerly numbered Section 31-155; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3663, eff. 3/15/05; 2930.]

The following airport areas and their respective filing requirements are established as shown on the FAA Filing Requirement Map:

Zone 1: All new structures and all additions to existing structures shall be subject to the provisions of Section 10-1-1308.

Zone 2: All new structures and any additions to existing structures that increase the height of an existing structure or any portion thereof shall be subject to the provisions of Section 10-1-1308.

Zone 3: New structures or additions to existing structures or any portion thereof with a height of 35 feet or greater as measured from grade to the highest point of the structure shall be subject to the provisions of Section 10-1-1308.

Zone 4: New structures or additions to existing structures or any portion thereof with a height of 70 feet or greater as measured from grade to the highest point of the structure shall be subject to the provisions of Section 10-1-1308.

Zone 5: New structures or additions to existing structures or any portion thereof with a height of 200 feet or greater as measured from grade to the highest point of the structure shall be subject to the provisions of Section 10-1-1308. [Formerly numbered Section 31-156; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3663, eff. 3/15/05.]

A. Notice of Proposed Construction or Alteration. All applicants for structures subject to this Section per the terms of Section 10-1-1307 shall be required to file a Notice of Proposed Construction or Alteration with the FAA pursuant to Part 77 of the Federal Aviation Regulations (14 C.F.R. Part 77). No building permit shall be issued for any structure subject to this Section until the building permit applicant submits to the Director proof of submission of the Notice of Proposed Construction or Alteration and copies of all documentation received from the FAA in response to such Notice including the determination and any final r decision of the FAA as to whether the proposed structure would be an obstruction or hazard to air navigation. Alternatively, a building permit applicant may submit a copy of a permit to allow such structure obtained from the California Department of Transportation pursuant to California Public Utilities Code Section 21659.

B. Obstruction Determination. In the event the FAA determines that the proposed structure would be an obstruction to air navigation, a building permit for the structure may be issued subject to the applicant complying with all applicable provisions of the Code. If the FAA imposes any conditions or requirements upon the proposed structure as part of its determination, including but not limited to lighting or painting requirements, the applicant shall demonstrate compliance with such conditions or requirements on the plans submitted for building permit approval.

C. Hazard Determination. In the event the FAA determines that the proposed structure would be a hazard to air navigation, then no building permit shall be issued until the applicant has applied for and obtained an Administrative Use Permit (AUP) in accordance with Section 10-1-1954 et seq. If a Conditional Use Permit (CUP) would otherwise be required for the proposed construction or alteration in accordance with Section 10-1-1934 et seq., such CUP shall be used instead of an AUP to consider the hazard status of the project and an AUP shall not be required. A hazard determination issued by the FAA shall be considered in the AUP or CUP findings and may be a basis to find the project unable to meet the required standards. In granting an AUP or CUP application, conditions may be imposed to eliminate or reduce the identified hazards to the greatest extent practicable. In addition to any other notice required by the Code, the Airport Authority shall be noticed on all AUPs and CUPs required herein. [Formerly numbered Section 31-157; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3663, eff. 3/15/05.]

Amendments to the FAA Filing Requirements Map may be initiated by the Council or Planning Commission. An owner of property within a Zone established by the Map may apply for an FAA Filing Requirements Map amendment that would affect their own property by submitting an application to the Director on such form as the Director may prescribe. The application shall be processed in the same manner as a Zone Map Amendment. The City shall provide the Airport with notice of any requested amendments to the FAA Filing Map. [Formerly numbered Section 31-158; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 3663.]