§132.1520 Airspace Protection Compatibility

Airspace protection compatibility within Review Areas 1 and 2 of the Airport Land Use Compatibility Overlay Zone shall be evaluated in accordance with Section 132.1520.

• (a) Within each airport influence area, an airspace protection area is designated to protect navigable airspace and to avoid creation of hazards to aircraft in flight in accordance with Code of Federal Regulations, Title 14, Part 77 (Federal Aviation Regulations Part 77). For purposes of Section 132.1520, development also includes temporary construction equipment such as cranes. The airspace protection area geographically consists of locations within the Federal Aviation Regulations Part 77 surfaces, and the Federal Aviation Administration notification area identified on Airport Land Use Compatibility Plan airspace protection maps, prepared and adopted by the Airport Land Use Commission for each airport and filed in the office of the City Clerk. Adopted airspace protection maps identified in Table 132-15K shall be used to determine land use compatibility in accordance with Section 132.1520(b).

Table 132-15K

Adopted Airspace Protection Maps

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• (b) For Brown Field Municipal Airport, Montgomery-Gibbs Executive Airport, Gillespie Field, MCAS Miramar, NOLF Imperial Beach, and Naval Air Station North Island potential airspace obstructions shall be evaluated for compatibility with Federal Aviation Regulations Part 77, Subpart C in accordance with the following:

  • (1) Within the primary surface and beneath the approach or transitional surface area, development shall not exceed the Federal Aviation Regulations Part 77 surfaces or airspace protection surfaces identified by the United States Standard for Terminal Instrument Procedures (TERPS).

  • (2) Within the horizontal or conical surface area, development may exceed the Federal Aviation Regulations Part 77 surfaces or airspace protection surfaces identified by TERPS, up to a maximum height of 35 feet above grade where determined to be compatible in accordance with Section 132.1520(b)(3).

  • (3) Development that would exceed the airspace protection surface elevation may be determined to be compatible if:

    • (A) The Federal Aviation Administration (FAA) determines that the development would not be a hazard to air navigation;

    • (B) The proposed design of the development reflects recommendations of the FAA aeronautical study and recommendations provided by the California Department of Transportation, Division of Aeronautics related to acceptability of the proposed height of the development; and

    • (C) An avigation easement in accordance with Section 132.1530 is recorded prior to approval, if requested by the airport operator.

• (c) For San Diego International Airport, potential airspace obstructions shall be evaluated for compatibility with Federal Aviation Regulations Part 77, Subpart C in accordance with the following:

  • (1) Development shall not exceed the Threshold Siting Surfaces (TSS) as shown on Map C-973.

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• (2) Development that would exceed the Federal Aviation Regulations Part 77 surfaces elevation may be determined to be compatible if:

  • (A) The FAA determines that the development would not be a hazard to air navigation, cause an increase in the ceiling of visibility minimums for existing or planned instrument procedures, cause a reduction of the operational efficiency and capacity of the airport, or conflict with visual flight rules airspace;

  • (B) The proposed design of the development reflects recommendations of the FAA aeronautical study related to acceptability of the proposed height , installation of obstruction lighting systems, or painting or marking ; and

  • (C) An airspace avigation easement in accordance with Section 132.1530 is recorded prior to development approval.

• (d) FAA Notification Requirements

  • (1) The applicant shall notify the FAA for:

    • (A) Development located within the FAA notification area that exceeds the 100:1 notification surface;

    • (B) Development within the Airport Land Use Compatibility Overlay Zone that would be 200 feet or greater above grade ;

    • (C) Development that would exceed the Federal Aviation Regulations Part 77 surfaces or airspace protection surfaces identified by the United States Standard for Terminal Instrument Procedures (TERPS);

    • (D) Development on the premises of a public use airport or heliport; or

    • (E) Development with the potential to cause visual, electronic, or wildlife hazards in conflict with Federal Aviation Regulations Part 77, such as:

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  - (i) Sources of glare; 

  - (ii) Incompatible lighting; 

  - (iii) Sources of dust, water vapor, and smoke; 

  - (iv) Sources of electromagnetic interference; 

  - (v) Sources of thermal plumes; and 

  - (vi) Land uses that attracts birds. 

• (2) Where FAA notification is required in accordance with Section 132.1520(d)(1), prior to the issuance of any permit, the applicant shall:

  • (A) Provide evidence of a valid final FAA determination of No Hazard to Air Navigation; or

  • (B) In accordance with Section 77.9(e)(1) of the Federal Aviation Regulations Part 77, submit a “No FAA Notification Self Certification Agreement” to the satisfaction of the City Manager for development that meets the criteria in Section 132.1520(d)(3).

• (3) FAA notification is not required for development that meets the following unless otherwise requested by the City, San Diego County Regional Airport Authority (SDCRAA) as operator of San Diego International Airport, California Department of Transportation, or FAA:

• (A) Development that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height; and

  • (B) Where it is evident beyond all reasonable doubt that the proposed structure would not adversely affect public health and safety with respect to air navigation.

• (4) A determination of consistency by the Airport Land Use Commission in accordance with Section 132.1550 may not be used to satisfy the FAA notification requirement.

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• (5) A development permit may include a condition of approval that requires compliance with Section 132.1520(d)(2)(A) or (B) prior to the issuance of any construction permit for the development .

• (e) If a development receives a Determination of Hazard from the FAA, the applicant shall obtain a consistency determination from the Airport Land Use Commission pursuant to Section 132.1550. If the Airport Land Use Commission determines the development is inconsistent, then an overrule action by the City Council pursuant to Section 132.1555 and a Process Five Site Development Permit are required.

(“Airspace Protection Compatibility” added 10-25-2011 by O-20047 N.S.; effective 1-1-2012.)

(Amended 12-17-2021 by O-21380 N.S.; effective 1-16-2022.)

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