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CORRESPONDENCE - #41
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CORRESPONDENCE - #41
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12/21/2021 4:13:42 PM
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12/21/2021
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Ms. Melanie McCann <br /> December 6, 2021 <br /> Page 3 <br /> impacts and reducing the unique orcompounded health risks in disadvantaged <br /> communities and to fostereconomic, social, and educational equality. <br /> More directly, despite any Federal Aviation Administration Determination of No Hazard <br /> for the proposed new buildings within the focus areas, the cumulative effect by the <br /> proposed building heights area major concern to the ALUC and the Division. On a <br /> case by case basis, the ALUC may find a proposed project to be inconsistent with the <br /> AELUP, particularly as it relates to sections 1 .2 and 2.1 .4, and the PUC, section 21674 (a). <br /> The Division shares the ALUC's concern and interpretation of their role as it regards the <br /> proposed growth in mixed-use developments and associated structural building <br /> heights. This is in accordance with the AELUP forJWA, section 2.1 .3 pages 13-14,which <br /> states: <br /> A[n] [Federal Aviation Administration (FAA)] Determination of No Hazard <br /> to Air Navigation does not automatically equate to a Consistency <br /> determination by the ALUC. The FAA may also conclude in their <br /> aeronautical study that a project is an "Obstruction" but not a Hazard to <br /> Air Navigation...The commission may utilize criteria for protecting aircraft <br /> traffic patterns at individual airports which may differ from those <br /> contained in FAR Part 77, should evidence of health,welfare, or air <br /> safety surface sufficient to justify such an action. <br /> According to Government Code section 65302.3 (a), a city's general plan as well as <br /> any applicable specific plans, "shall be consistent"with an ALUCP (e.g.AELUP for JWA) <br /> and that every affected city must amend its general and specific plans as necessary to <br /> keep them consistent with the ALUCP. To further clarify how anALUC addresses newly <br /> proposed construction projects and use permits and structure height,refer to PUC <br /> 21676(a). <br /> The City's Findings of Fact note that the 2008AELUP for JWA is not consistent with the <br /> 2011 California Airport Land Use Planning Handbook (Handbook) does not apply, since <br /> Handbook updates do not impact the currently adopted AELUP for JWA. The SAA <br /> requires coordination between airports and local land use but does not specify how <br /> often plans should be updated. The Handbookwill guide subsequent AELUP updates. <br /> ALUCs are encouraged to expand on the Handbook's recommended minimums, <br /> wherejustified, to protect the airport's viability and publicwelfare from further <br /> incompatible land uses. <br /> Also, the City finds "The vast majority of the Project falls outside of the JWA AELUP <br /> planning area, which is defined in Section 1 .7 of the JWA AELUP as the furthest extentof <br /> the 60 CNEL Contour, the FAR Part 77 Notification Surfaceand the runwaysafety zones <br /> associated with the airport..." The City also finds that the Project is consistent with the <br /> JWA AELUP as "the majority of the project falls outside the 60 dBA CNEL aircraft noise <br /> contour" and "the vast majority of the project is located outside the 65 dBA CNEL <br /> aircraft noise contour." However,three out of five focus areas are all or partially within <br /> "Provide a safe,sustainable,integrated,and efficient transportations yStern <br /> to enhance California's economyand livability" <br />
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