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Compatibility Qualities" of Zone 6 as "Allow residential uses" and "Allow <br />most nonresidential uses." <br />i. Project is not in the JWA runway protection zones (RPZ). The <br />Project is located nearly two miles from the outer edge of the <br />nearest JWA RPZ. <br />ii. The FAA's Determinations of No Hazard to Air Navigation for The <br />Bowery Mixed Use development structures are the only source of <br />authoritative, aviation safety findings regarding the project. The <br />FAA conducted an aeronautical study-(49 U.S.C. §44718 and 14 <br />CFR Part 77) and issued its Deter -_ions on March 5, 2020 that <br />structures associated with the_-��e_ct "do not exceed standards <br />and would not be a hazard tenfation" and that "[b]ased on <br />this evaluation, marking ating 2laot necessary for aviation <br />safety." The FAA's Detenations estakthat the Project would <br />be neither an obstru or a hazard to air1�viaation. <br />iii. In this case it is imp <br />authority oveL-.the use <br />United Statd�rnrr <br />of the United <br />iv. In - rid .r to use tirsi <br />Jffi-_-- ns and ftcy <br />9 U.S �— 4010 <br />draft (in ding redo <br />vehicle,- <br />121103(b)(2)). <br />to It establisftiat entity has <br />over the pit site. "The <br />cclusive sovereignty of airspace <br />W03(a)(1)). <br />e FAAMiministrator is responsible <br />_ usW the navigable airspace <br />and(�]egulations on the flight of <br />ns on sale altitudes) for navigating, <br />aircraft; protecting individuals and <br />Wing the navigable airspace efficiently; <br />10tween aircraft, between aircraft and <br />between aircraft and airborne objects" <br />^onatical studies for the Bowery Mixed Use project <br />the definitive standard for assessing compliance <br />aviation safety laws and regulations (49 U.S.C. § <br />federal authority is recognized in State law (Cal. <br />vi. The City of Santa Ana has the local police powers to control land <br />use on the site (Cal. Const., art. XI 11, § 7). This constitutional <br />authority is acknowledged in State law (Cal. PUC §21670 and <br />§21676) and the ALUC process (AELUP §4.11) allowing for <br />overrule of an ALUC finding of inconsistency. <br />vii. The other entities that have processed or commented on this <br />project have aviation safety duties and responsibilities related to <br />this matter. Each of these entities relies on or ultimately defers to <br />�+ <br />Resolution No. 2020-xx <br />75C-985 Page 6 of 13 <br />