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JT75C - 200 E. 1ST AMERICAN WAY
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JT75C - 200 E. 1ST AMERICAN WAY
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Last modified
1/3/2012 4:56:48 PM
Creation date
3/30/2005 12:13:50 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75C
Date
4/4/2005
Destruction Year
2010
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<br />Ms. Kylee Otto, Deputy City Attorney <br />August 6, 2004 <br />Page 3 <br /> <br />(iii) Identification of Review and Approval Procedures. Lastly, the procedures fpr <br />review and approval of individual development proposals must be defined. The <br />types of actions that are to be submitted to the ALUC for review, and the timing <br />of such submittals relative to the internal review and approval process, also must <br />be indicated, with the goal in mind to achieve consistency. ' <br /> <br />Some examples of the areas where the City's proposed General Plan Amendment does <br />not provide adequate assurance of compliance with the AELUP's compatibility criteria are as <br />follows: <br /> <br />1. The second paragraph on page one sets forth the statutory ALUC purposes <br />including "to ensure that people and facilities are not concentrated in areas <br />susceptible to aircraft accidents, and to ensure that no structures or activities <br />adversely affect navigable airspace." <br /> <br />The California state legislature's purpose in authorizing the creation of ALUC, <br />however, has remained largely unchanged since the early 1970s. The purpose is <br />succinctly stated in current law: <br /> <br />"It is in the public interest to provide for the orderly development of each <br />public use airport in this state and the area surrounding these airports so as <br />to promote the overall goals and objectives of the California airport noise <br />standards adopted pursuant to Section 21669 and to prevent the creation of <br />new noise and safety problems. <br /> <br />It is the purpose of this article to protect public health, safety, and welfare <br />by ensuring the orderly expansion of airports and the adoption of land use <br />measures that minimize the public's exposure to excessive noise and <br />safety hazards within areas around public airports to the extent that these <br />areas are not already devoted to incompatible uses." CAL.PUB.UTIL.CODE <br />S21670( a). <br /> <br />The law defines the powers and duties of ALUC in terms which parallel the <br />commissions' purpose as follows: <br /> <br />"To assist local agencies in ensuring compatible land uses in the vicinity <br />of all new airports and in the vicinity of existing airports to the extent that <br />the land in the vicinity of those airports is not already devoted to <br />incompatible uses." CAL.PUB.UTIL.CODE S21674(a). <br /> <br />The airport land use compatibility concerns of the JW A AELUP fall under three <br />broad headings: aircraft noise, building height restrictions, and safety. These <br />headings have been further divided into four basic concerns, as follows: aircraft <br />noise, overflight, safety and airspace protection. <br /> <br />75C-192 <br />
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