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City of Santa Ana February 17, 2005 Page 2 The ALUC disagrees with numerous assertions among the "Specific Findings" to be made by the City Council. The City's findings call into question the legality of the JWA AELUP. Without addressing the reasons why the JWA AELUP is a binding, legal document on the merits, suffice it to say that unless and until a court of competent jurisdiction were to rule otherwise, the JW A AELUP is presumed valid, and jurisdictions within its environs are legally obligated to comply with its terms. In the course of conducting three public hearings on the Geneva Commons project, the ALUC made two successive determinations. First, the ALUC determined that the mitigated project would be conditionally Consistent with the JWA AELUP iflowered to an elevation of229' Above Mean Sea Level (AMSL), which is the existing maximum physical height in that district. Subsequently, after being asked to reconsider the project, the ALUC determined that the project as originally, and still, designed would be Inconsistent with the JWA AELUP. These decisions were based on the facts in the written record and during extensive discussion by the Commission. By virtue of being clearly stated inJWA AELUP Sections 1.2 "Purpose and Scope" and 2.0 "Planning Guidelines," every Commissioner understands our complex legal charge to protect the public airports 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 the several Members "having expertise in aviation." As stated in the JWA AELUP, 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 on a wide range of facts gathered through public testimony and Commissioners' knowledge, in addition to informative analysis provided by staff. As the public record of our several hearings shows, our deliberations took into account numerous relevant factors. Though the Commission does not generally make or adopt formal findings, it is clear from the minutes of the meetings what facts and factors the Commissioners considered in arriving at their decision. These included, but were not limited to: limitations on the FAA's ability to protect public airports and aircraft operations from encroachment by local incompatible land use development; the history of nearby development adversely affecting the FAA's flight procedures and electronic navigation aids at JW A; the function of JW A as Orange County's primary General Aviation Airport on a 24-hour per day, 365-days per year basis; that Mr. Mola's building as proposed would be the tallest building in the area to come before the ALUC to that point; the cumulative effect of multiple high-rise projects in the area; the flight tracks going directly over the area; proximity to aircraft for noise and safety purposes; the applicant's invitation to impose a height restriction; the possibility of an aircraft hitting the building; the additional level of comfort the commission would have if the building did not penetrate the imaginary surfaces; that the project site is under the right downwind or right base leg turn for Runway 19R, which falls into aircraft traffic pattern protection; the continuing inconsistency of 75C-187