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<br />Mr. Jack W. Golden <br />September 16,2004 <br />Page 14 of20 <br /> <br />approval of a zoning ordinance or building regulation within the planning boundaries <br />established by ALUC." See, PUC Section 21676. Further, Section 21676.5(b) states <br />"Whenever the local agency has revised its general plan or specific plan or has overruled <br />the commission pursuant to subdivision (a) the proposed action of the local agency shall <br />not be subject to further commission review, unless the commission and the local agency <br />agree that individual projects shall be reviewed by the commission." <br /> <br />This voluntary submittal of projects other than what is legally required by Section 21676 is <br />also discussed within the AELUP at section 4.6. "A project other that those described <br />above [General Plan and Specific Plans, Amendments to General Plans and Specific Plans, <br />Zoning Ordinances and Building Regulations and Airport Master Plans], including but not <br />limited to use permits and site plans, may be submitted voluntarily to the Commission for a <br />recommendation prior to its adoption." As such, if the ALUC is requiring the submittal of <br />projects not legally required under state law in order for the AEE to be "consistent" then <br />the City's consent would not be "voluntary." Merriam-Webster defines voluntary as "1: <br />proceeding from the will or from one's own choice or consent 2: unconstrained by <br />interference. " <br /> <br />The AELUP correctly complies with the authority granted to ALUC under state law, while <br />your request exceeds the authority of not only state law but the actual language of the <br />AELUP. There is nothing within this section of your letter that indicates how the AEE is <br />inconsistent with the AELUP in this regard. <br /> <br />IX. Page 5, Item 4, Paragraph 2, Sentence 2 & <br />Page 5, Item 5 <br /> <br />"The Airport Environs Element should also incorporate some of the <br />language set forth in the general land use policies on pages 20 and 21 of the <br />AEL UP. " <br /> <br />"On page 17 of the Airport Environs Element only one sentence is devoted <br />to safety, basically implying that since there are no accident potential zones <br />("APZs oJ within Santa Ana there is no safety issue. This, of course, is not <br />true and is not consistent with the safety policies set forth in the JWA <br />AELUP. The City should incorporate into its General Plan the safety <br />criteria provided in the AELUP, in Section 3.2.1, on pages 20 and 21." <br /> <br />First the "safety policies" you reference are actually "land use policies" within the AELUP. <br />According to the AELUP, "JW A Runway Protection Zones are shown in Appendix D on <br />the map entitled John Wayne Airport Impact Zones. The Commission has not adopted <br />Accident Potential Zones for this airport because none could be justified by the available <br />data." AELUP page 18. This statement is supported by the omission ofa current Accident <br />History, unless the Accident History 1969-1978 is the most current Accident History data. <br /> <br />75C-209 <br />