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<br />Mr. Jack W. Golden <br />September 16, 2004 <br />Page 11 of20 <br /> <br />ground level or runway level may have the potential to obstnlct air <br />navigation. It is important that the Land Use Element continue to contain <br />direct and objective criteria regarding height limitations. consistent with the <br />JWA AELUP. <br /> <br />There is no "direct and objective criteria regarding height limitations" contained within the: <br />AELUP. As such, the fact that the 1987 AEEl2 contained such language is irrelevant to the <br />determination of the present AEE consistency with the present AELUP. There is nothing <br />within this section of your letter that indicates how the AEE is inconsistent with the <br />AELUP in this regard. <br /> <br />E. Noise Element and Avigation Easement <br /> <br />"The Noise Element of the General Plan should also reference avigation <br />easements and notification requirements as potential tools to address noise <br />issues, consistent with the JW A AEL UP. " <br /> <br />As noted above, it is unnecessary to repeat concepts in each of the elements of the General <br />Plan. Please see page 4 of the Airport Environs Element where Avigation Easements are <br />identified as potential mitigation measures. There is nothing within this section of your <br />letter that indicates how the AEE is inconsistent with the AELUP in this regard. <br /> <br />VII. Page 5. Item 3 <br /> <br />"I understand that Mr. John Leyer/e, on staff at JWA, and the former <br />Manager of the Access and Noise Office, has previously provided <br />suggestions that he believes would improve the noise contour section on <br />page 4 of the Airport Environs Element. Essentially. he suggests <br />referencing 65 dB CNEL and above. " <br /> <br />This is the only item that was previously mentioned to the City. In a telephone <br />conversation with Mr. Leyerle, we discussed that this was merely the title of the section. <br />Mr. Leyerle at the time said it was not a big issue for ALUC staff. However, if this <br />represents the difference between a finding of consistency versus inconsistency, the City <br />would be willing to change the title. Although I am sure you will agree that, even without <br />the change, the AEE would be consistent considering that the map this section references is <br />in fact the AELUP map. Please let me know if this has changed to become a major issue <br />for the ALUC and is required for the City to become a "consistent" agency. <br /> <br />12 Recall that ALUC has declared the 1987 AEE to be inconsistent with the AELUP. <br /> <br />75C-206 <br />