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Old Posted Apr 14, 2019, 12:20 AM
Will O' Wisp Will O' Wisp is offline
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Join Date: May 2018
Location: San Diego
Posts: 458
Originally Posted by staplesla View Post
This was discussed on CBS 8 last night. Apparently Mayor Faulconer is looking into it and he’s declared himself a YIMBY. Though they reported a lot of NIMBY’s are raising a fuss over the proposed change. So, it’ll probably come down to who barks the loudest.
Falconer can look into whatever he wants, but ultimately this isn't his or the city council's decision to make. This isn't about -imbys or making noise, it's about about standards and enforcement authority. The only opinion that really matters is the one I've yet to see mentioned: Caltrans. Per the California Aeronautics Act:

Permit for Extension of Structure More Than 500 Feet Above Ground
21656. No person shall erect or add to the height of any structure within the boundaries of this state which will result in a structure that extends more than 500 feet above the ground on which such structure rests until a permit therefor has been issued for such purpose by the department. This section is not applicable to the construction of any structure if the Federal Communications Commission is required to approve the height of the structure or if the height of the structure is required to be approved under the Federal Aviation Act of 1958 (Public Law 85-726; 72 Stat. 731).

Hazards Near Airports Prohibited
21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless a permit allowing the construction, alteration, or growth is issued by the department.
(b) The permit is not required if the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility.
(c) Section 21658 is applicable to subdivision (b).
Caltrans has stated, in the past, that they will not issue permits for structures taller than 500' if they penetrate a FAR Part 77 surface. KSAN is a Category D airport with a Non-Precision Instrument Approach on Rwy 27 (the runway end facing downtown). This means that the Part 77 horizontal surface extends in a radius of 10,000 feet, measured 200' along the extended runway centerline, at a height of 150' feet. In downtown this surface extends roughly to Petco Park. Extending from this is the Part 77 conical surface, which angles upwards at a 20:1 slope. Then the conical surface takes 4,000 feet to rise up from the 150' of the horizontal surface to 350'. Finally the Part 77 transitional surface rises up at 7:1 for another 1,050' until it finally reaches the 500' level. So Caltrans has said in effect that they will refuse to allow any building taller than 500' within a 15,050' radius (2.85 miles) of KSAN, or any closer than the base of the Coronado bridge. And as you can see, they have absolute authority to do that.

Last edited by Will O' Wisp; Apr 14, 2019 at 1:34 AM.
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