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<br /> <br />AIRPORT LAND USE COMMISSION <br /> <br />FOR <br /> <br />ORANGE <br /> <br />COUNTY <br /> <br />3160 Airway Avenue · Costa Mesa, California 92626.949.252.5170 fax: 949.252.6012 <br /> <br />February 17,2005 <br /> <br />RECEIVED <br /> <br />FEB 2 2 2005 <br /> <br />SAffrA /~NA PLANNING DEFT <br /> <br />Mr. Jay Trevino, Planning Manager <br />City of Santa Ana <br />20 Civic Center Plaza (M-20) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br /> <br />SUBJECT: City of Santa Ana - Proposed Overrule Action on Geneva Commons Project at <br />MacArthur Place <br /> <br />Dear Mr. Trevino: <br /> <br />Regarding the subject City Overrule Action, the Airport Land Use Commission (ALUC) for <br />Orange County wishes to provide the following comments. <br /> <br />Please be advised that California Public Utilities Code Section 21678 states: "With respect to a <br />publicly owned airport that a public agency does not operate, if the public agency pursuant to <br />Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the <br />operator of the airport shall be immune from liability for damages to property or personal injury <br />caused by or resulting directly or indirectly from the public agency's decision to overrule the <br />commission's action or recommendation." <br /> <br />Also, please be advised that California Business & Professions Code Section 11010 requires the <br />following statement to be included on sale/lease disclosure documents for developments within <br />an ALUC's "Airport Influence Area": <br /> <br />"NOTICE OF AIRPORT IN VICINITY <br /> <br />This property is presently located in the vicinity of an airport, within what is known <br />as an airport influence area. For that reason, the property may be subject to some <br />of the annoyances or inconveniences associated with proximity to airport operations <br />(for example: noise, vibration, or odors). Individual sensitivities to those annoyances <br />can vary from person to person. You may wish to consider what airport annoyances, if <br />any, are associated with the property before you complete your purchase and determine <br />whether they are acceptable to you." <br /> <br />CUP 04-24/DA 04-3/TTM 04-5 <br />SPR 04-6~~04-11/Z0A 04-5 <br />7lbtigft36 <br />