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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 /> i. 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 /> j. 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. 2025-043 <br /> Page 15 of 20 <br />