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3.10.13 Potential Effect: Airspace protection could be adversely affected if buildings on <br /> the Project site exceed 100 feet. The heights of the 7, 8 and 10 story office <br /> buildings could seriously affect the operation of aircra~ using the airport. <br /> <br /> Findings: The GID hereby makes finding (1). <br /> <br /> Facts in Support of Findings: <br /> <br /> (a) No portion of the Project, including the 10-story office building, would <br /> penetrate the FAR Part 77 imaginary surfaces for San Carlos Airport. As such, <br /> no Project component should represent either an obstruction or a hazard to air <br /> navigation as defined by Part 77 of the Federal Aviation Regulations, because such <br /> criteria "are more restrictive than is needed for safe flight operations." <br /> <br /> (b) The FAA is responsible for administering Part 77 of the Federal Aviation <br /> Regulations (FAR Part 77). The FAA's objective is to "ensure the safety of aircraft <br /> and the efficient use of navigable airspace by the aircraft." (FAA, Advisory Circular <br /> 70/7460-21, "Proposed Construction or Alteration of Objects that May Affect the <br /> Navigable Airspace," p. 2.) Pursuant to Subpart B of FAR Part 77, the Project was <br /> required to submit FAA Form 7460-1, "Notice of Proposed Construction or <br /> Alteration," to the manager of the regional FAA Air Traffic Division. The FAA then <br /> conducted an aeronautical study of the Project's potential effects, including the "extent <br /> of [any] adverse physical or electromagnetic interference effect upon the navigable <br /> airspace or air navigation facilities." (FAA Order 7400.2C, "Procedures for Handling <br /> Airspace Matters.") <br /> <br /> (c) On June 17, 1996, prior to the last two Planning Commission hearings on <br /> the Project, the FAA issued its determination. The FAA stated as follows: "The <br /> airspace evaluation concludes the proposal would not have a substantial adverse <br /> effect on the safe and efficient use of the navigable airspace by the aircraft and <br /> would not be a hazard to air navigation." (FAA, Airspace and Procedures, AWP- <br /> 530, "Acknowledgmem of Notice of Proposed Construction or Alteration," 96- <br /> AWP-1042-OE ("FAA Finding"), p. 3.) <br /> <br /> -31- <br />G1DEIRFD.DOC <br />7/23D6 5:44 PM <br /> <br /> <br />