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Mr. Jack W. Golden September 16, 2004 Page 7 of20 IV. Page 2. Paragraph 4 through Page 3. Paragraph 1 "Elimination of direct conflicts between the City's General Plan Amendment and the AEL UP for JW A is not enough to guarantee that future land use development will adhere to the compatibility criteria set forth in the AEL UP. " The City is not under the impression that only direct conflicts will be eliminated. The City understands that case law holds that consistency requires "that a proposed project be compatible with the objectives, polices, general land uses and programs specified in the applicable plan. The courts have interpreted this provision as requiring that a project be 'in agreement or harmony with' the tenns of the applicable plan, not in rigid confonnity with every detail thereof." San Franciscans upholding the Downtown Plan v. City and County of San Francisco (2002) 102 CA 4th 656, 678. The City believes that the General Plan amendments submitted on May 13, 2004, and again on July 12,2004, are in "agreement or harmony" with the AELUP. Further, I was unable to find the "compatibility criteria" referenced in your letter within the AELUP, and as such these criteria should not be necessary for a detennination of the City's "consistency." However, that being said, I am most confused by what you are asking for in each of these "key facets." "(i) Delineation ofCompatibilitv Criteria. Airport land use compatibility criteria must be defined either in a policy document adopted by the City, or through adoption of or reference to the AL UC's compatibility plan itself. Clear delineation of intended land uses is key. " Your request is unclear. Are you requesting a copy of the City zoning map, or a copy of the Santa Ana Municipal Code? You also you state, "[ c] lear delineation of intended land uses is key." Are you asking for the existing land uses? If so, this is outside the scope of ALUC's review. The ALUC can only review future projects, not what currently exists. See Section 21674 and AELUP Section 1.1. Are you asking for future land uses? If so this is outside the scope of ALUC's review at this time. The project before ALUC is a general plan amendment. The City is not proposing modification of any "land use" as part of this "project."!! II It should be noted that future projects will come before ALUC at an appropriate time for each project. For example, the Nexus project will be submitted to ALUC for its review shortly. Any future project must be reviewed on its own merits, just as this "project" must be reviewed on its own merits. 75C-202