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development review process, at which point if a specific building is <br />proposed within the Federal Aviation Administration (FAA) <br />Notification Area that exceeds 200 feet in height, FAA notification <br />compliance would be required through the development review <br />process. <br />g. In addition to requiring FAA notification for any buildings exceeding <br />200 feet in height within the Project area, AELUP and FAR Part 77 <br />require an FAA aeronautical study to be conducted to ensure that the <br />proposed structures would not constitute a hazard to air navigation. <br />h. The FAA's Determinations of No Hazard to Air Navigation for the <br />Mixed -Use development structures are the only source of <br />authoritative, aviation safety findings regarding the Project because: <br />1) "The United States Government has exclusive sovereignty of <br />airspace of the United States" (49 U.S.C. § 40103(a)(1)). <br />2) In order to use this airspace, the FAA Administrator is <br />responsible for: <br />(a) Plans and policy for the safe use of the navigable <br />airspace (49 U.S.C. § 40103(b)(1); and <br />(b) "[R]egulations on the flight of aircraft (including <br />regulations on safe altitudes) for navigating, protecting <br />and identifying aircraft; protecting individuals and <br />property on the ground; using the navigable airspace <br />efficiently; and preventing collision between aircraft, <br />between aircraft and land or water vehicle, and <br />between aircraft and airborne objects" (49 U.S.C. § <br />40103(b)(2)). <br />3) The FAA's aeronautical studies for project structures are the <br />definitive standard for assessing compliance with federal <br />aviation safety laws and regulations (49 U.S.C. § 77.1(c)). <br />This federal authority is recognized in State law (Cal. PUC <br />§21240). <br />The FAA will conduct an aeronautical study (49 U.S.C. §44718 and <br />14 CFR Part 77) and issue its Determinations for individual <br />implementing projects that exceed 200 feet in height and are <br />submitted within the Specific Plan area. <br />The Project is an approval only as to the specific plan. No specific <br />structures are contemplated as part of the Project. Therefore, nothing <br />in the Project will create an obstruction or hazard to air navigation <br />within the meaning of 14 CFR Part 77, and no part of the Project <br />involves the proposed construction or alteration of any structures. <br />Accordingly, no aeronautical study is required as part of the Project. <br />See 49 USC 44718; 14 CFR Part 77; FAA Order JO 7400.2M. <br />Resolution No. 2025-XXX <br />Page 15 of 20 <br />