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3. Height. The residential and commercial land uses under the proposed project are <br /> consistent with the height standards of the JWA AELUP, which are stated in the <br /> Federal Aviation Regulations, 14 C.F.R. Part 77, relating to Safe, Efficient Use and <br /> Protection of the Navigable Airspace. <br /> a. The General Plan Update states, as Policy S-4.1 Structures above 200 feet, <br /> "[p]roposed projects that would exceed a height of 200 feet above existing grade <br /> shall be required to file a Form 7460-1 with the Federal Aviation Administration <br /> ("FAA"). <br /> b. In response to Recommendation 1.b. from the ALUC Staff Report, the General <br /> Plan Update is revised to state, as Policy S-4.2 Federal Aviation Regulation Part <br /> 77, "[d]o not approve buildings and structures that would penetrate Federal <br /> Aviation Regulation ("FAR") Part 77 Imaginary Obstruction Surfaces, unless, <br /> consistent with PUC Section 21240, such building or structure is determined by <br /> the FAA to pose "no hazard" to air navigation." Additionally, under this Policy, <br /> applicants proposing buildings or structures that penetrate the 100:1 Notification <br /> Surface will be required to file a Form 7460-1 Notice of Proposed Construction or <br /> Alteration with FAA and provide a copy of the FAA determination to the City and <br /> the ALUC. Referral to FAA for study under its Form 7460-1 process is <br /> appropriate because: <br /> (1) "The United States Government has exclusive sovereignty of airspace of the <br /> United States" (49 U.S.C. § 40103(a)(1)). <br /> (2) In order to use this airspace, the FAA Administrator is responsible for: <br /> (i) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § <br /> 40103(b)(1)); and <br /> (ii) "[R]egulations on the flight of aircraft (including regulations on safe <br /> altitudes) for (A) navigating, protecting and identifying aircraft; (B) <br /> protecting individuals and property on the ground; (C) using the navigable <br /> airspace efficiently; and (D) preventing collision between aircraft, between <br /> aircraft and land or water vehicle, and between aircraft and airborne <br /> objects" (49 U.S.C. § 40103(b)(2)). <br /> (3) The FAA's aeronautical studies under FAR Part 77 are the definitive standard <br /> for assessing compliance with federal aviation safety laws and regulations <br /> (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law. (PUC <br /> § sb21240). <br /> c. The maximum allowable building heights in the zoning and land use designations <br /> proposed in the 55 Freeway/Dyer Road Focus Area range between 6 and 10 <br /> stories, or about 60 and 100 feet above ground level ("AGL"). These maximum <br /> allowable building heights would not exceed the FAR Part 77 imaginary <br /> obstruction surfaces for JWA, including the sloping, three-dimensional 50:1 <br /> Departure Surface, the sloping, three-dimensional 20:1 conical surface, and the <br /> 206' above mean sea level ("AMSL") horizontal surface. <br /> d. The maximum allowable building heights in the zoning and land use designations <br /> proposed in the South Bristol Street Focus Area range between 10 and 25 <br /> City Council 32 — 317 Resolution NVINAO RX <br /> Page 9 of 11 <br />