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AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue · Costa Mesa, California 92626 · 949.252.5170 fax: 949.252.5178 Mr. Dan Bott, Environmental Coordinator Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, CA 92702 RECEIVED APR 0 4 2005 qANTA ANA PLANNING DEpr March 28, 2005 Subject: Notice ofIntent to Adopt Negative Declaration for Project Number: ER-2003-232 Dear Mr. Bott: On behalf of the Airport Land Use Commission (ALUC) for Orange County and after reviewing the subject CEQA Notice, we wish to offer the following comments based upon the policies and \ standards of the ALUC's adopted Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). As stated in the Initial Study / Mitigated Negative Declaration, the project is located within a JWA AELUP Referral Area, which in fact is the "Area of Special Airspace Concern" adopted by the ALUC on April 15, 2004. However, the Initial Study discussion contains several errors of terminology and interpretation. Specifically, regarding Initial Study Section VII "Hazards / Hazardous Materials", Paragraph D (page 14) pertaining to the issue of airport-related safety hazards, the discussion properly notes that the site is not within an Accident Potential/Clear Zone (now termed "RPZ" [Runway Protection Zone] in the JWA AELUP). However, contrary to the subsequent statement, the project is not within the FAA Notification Area (AELUP Height Restriction Zone), and consequently will not require referral to the ALUC. By coincidence, both the north end of JW A Runway 19R and the project site are at approximately the same elevation (35 Feet AMSL) and "2- are separated by a distance of about 6,620 feet. The FAA Notification Area consists of an upward sloping Imaginary Surface (at a ratio of 100:1), which if to be penetrated by a project requires the filing of FAA Form No. 7460 by the proponent. Hence, this FAA/AELUP Area is at an elevation of about 66 feet above ground, as it passes over the car wash site, far in excess of a single story building. Also, please note that the document and organization referenced in the paragraph is not the "Orange County Airport Environs Land Use Plan", nor the "John Wayne Airport Land Use Commission". The ALUC for Orange County is a state-mandated independent local commission, and is not a department or division of County government. Lastly, the ALUC's "Area of Special Airspace Concern" does encompass the project site. However, the ALUe's requirement to review all types of projects within this area applies only to proposals that would penetrate the FAR Part 77 Obstruction Imaginary Surfaces for JW A, a separate and much higher set of criteria than the notification surface. 31A-116