REVISED EXHIBIT 2 - Laserfiche WebLink

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REVISED EXHIBIT 2 3. Height. The residential and commercial land uses under the proposed project are consistent with the height standards of the JVVA AELUP, which are stated in the Federal Aviation Regulations, 14 C.F.R. Part 77, relating to Safe, Efficient Use and Protection of the Navigable Airspace. a. The General Plan Update states, as Policy S-4.1 Structures above 200 feet, "[p]roposed projects that would exceed a height of 200 feet above existing grade shall be required to file a Form 7460-1 with the Federal Aviation Administration ("FAA"). b. In response to Recommendation 1.b. from the ALUC Staff Report, the General Plan Update is revised to state, as Policy S-4.2 Federal Aviation Regulation Part 77, "[d]o not approve buildings and structures that would penetrate Federal Aviation Regulation ("FAR") Part 77 Imaginary Obstruction Surfaces, unless, consistent with PUC Section 21240, such building or structure is determined by the FAA to pose "no hazard" to air navigation." Additionally, under this Policy, applicants proposing buildings or structures that penetrate the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City and the ALUC. Referral to FAA for study under its Form 7460-1 process is appropriate because: (1) "The United States Government has exclusive sovereignty of airspace of the United States" (49 U.S.C. § 40103(a)(1)). (2) In order to use this airspace, the FAA Administrator is responsible for: (i) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1)); and (ii) "[R]egulations on the flight of aircraft (including regulations on safe altitudes) for (A) navigating, protecting and identifying aircraft; (B) protecting individuals and property on the ground; (C) using the navigable airspace efficiently; and (D) preventing collision between aircraft, between aircraft and land or water vehicle, and between aircraft and airborne objects" (49 U.S.C. § 40103(b)(2)). (3) The FAA's aeronautical studies under FAR Part 77 are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law. (PUC § sb21240). c. The maximum allowable building heights in the zoning and land use designations proposed in the 55 Freeway/Dyer Road Focus Area range between 6 and 10 stories, or about 60 and 100 feet above ground level ("AGL"). These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JVVA, including the sloping, three-dimensional 50:1 Departure Surface, the sloping, three-dimensional 20:1 conical surface, and the 206' above mean sea level ("AMSL") horizontal surface. Page 5 of 7