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ALUC Bowery Overrule Response July 29, 2020 Page 3 consistent." This is incorrect, as ALUC staff indicated that the proposed project met the specific technical criteria, but not the general land use policies of the AELUP, including the protection of public health and safety of residents living near the airport (Attachment 5). Page nine of the Draft Resolution, paragraph (G)(1) refers to overflight and incorrectly states that "the FAA is the only authoritative source of aviation safety data...". While the FAA defines Safety Zones in the immediate vicinity of runways, the California Airport Land Use Planning Handbook states that "the FAA has no authority over off -airport land uses," and that "state and local agencies are free to set more stringent land use compatibility policies." Section 3.0 of the AELUP for JWA includes general and specific land use policies. Section 3.2.1 states that "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which: 1) Places people so that they are affected adversely by aircraft noise, and 2) Concentrates people in areas susceptible to aircraft accidents..." The staff report for the Bowery project recommended, and the commission found, that the proposed project, General Plan Amendment and Zone change were inconsistent with the general policies of the AELUP. The Draft Resolution makes several references to Final Environmental Impact Report (EIR) 627 which was prepared for the General Aviation Improvement Program at JWA and certified on June 25, 2019. This EIR, and its technical reports has not been incorporated into the AELUP for JWA, and therefore, does not provide additional criteria for ALUC review. As per PUC Sections 21670-21679.5 and the Caltrans Airport Land Use Planning Handbook, the commission is charged with reviewing proposed projects, General Plan Amendments, and Zoning changes in relation to the AELUP for JWA. The ALUC has the responsibility to consider the broader perspective in matters affecting the public's well-being and the viability of public aviation facilities. The ALUC accomplishes these overall goals by applying its discretion to evaluate individual projects based upon a wide range of facts and factors gathered through public testimony and commissioners' knowledge, in addition to informative analysis provided by staff. By virtue of being clearly stated in the AELUP for JWA Sections 1.2 "Purpose and Scope" and 2.0 "Planning Guidelines," every commissioner understands their complex legal charge to protect the public airport environs from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live in the airport's environs. To this end, and as also statutorily required, our ALUC proceedings are benefited by several members "having expertise in aviation." Based upon our careful consideration of all information provided, and input from our members with expertise in aviation, a majority of the ALUC found the proposed Bowery Project to be inconsistent with the AEL UP for JWA. We support the city's inclusion of the mitigation measure in the Final EIR for the proposed project providing future residents with a "Notice of Airport in Vicinity" and posting outdoor signage informing the public of the presence of operating aircraft (as indicated in the May 20, 2020 letter to ALUC (Attachment 6), and agreed to at the ALUC meeting). Please be advised that Califomia Business & Professions Code Section 11010 requires the following statement to be included on salellease disclosure documents for developments within an ALUC's "Airport 75C-995