2025-043 - Overruling the Orange County Airport Land Use Commission's

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FAA notification surface to require the Filing of FAA Form 7460-1. b. The buildings exceeding 200 feet in height in the Specific Plan area are not within the geographic area or sloping, three-dimensional 50:1 FAA precision instrument Approach Surface to JWA Runway 20R (the closest runway to the Project). C. Penetrating a Civil Airport Imaginary Surface, like the Horizontal Surface, does not in itself define a hazard. The Horizontal Surface is not unequivocally airspace reserved for air navigation, it is an imaginary surface used by the FAA to study whether obstructions are potential hazards and whether any mitigation factors can be considered (page 2-3 of FAA AC 150/5190-413, Airport land Use Compatibility Planning). These FAA studies determine whether a building poses a public safety issue or will adversely impact the continued operation of the airport and other aeronautical operations. 1) Penetrating a Civil Airport Imaginary Surface is a trigger to file a Form 7460 so that the FAA can conduct its aeronautical study. The FAA, through these studies, determines whether a building poses a public safety issue or will adversely impact the continued operation of the airport and other aeronautical operations. This is noted on Page 3-31 of the Caltrans California Airport land Use Planning Handbook: "By definition, any object that penetrates one of the imaginary surfaces is deemed an obstruction to air navigation. However, not all obstructions are necessarily hazards. The determination of whether an object would be a hazard to air navigation is made as part of an aeronautical study conducted by the FAA..." 2) As per 14 CFR Section 77.25, "The purpose of an aeronautical study is to determine whether the aeronautical effects of the specific proposal and, where appropriate, the cumulative impact resulting from the proposed construction or alteration when combined with the effects of other existing or proposed structures, would constitute a hazard to air navigation." 3) Further, in 14 CFR Section 77.29, the regulation specifies that these studies include evaluating: (1) The impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules, (2) The impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules (3) The impact on existing and planned public use airports Resolution No. 2025-043 Page 12 of 20