040405 Jt PH Cond Use, Develpo Agmt, Zoning, etc.-Geneva Commons Proj 200 E. First American Way

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Mr. Jack W. Golden September 16, 2004 Page 5 of 20 determine whether Santa Ana's AEE, the Land Use Plan, and the Noise Element sections of the General Plan are consistent with the AELUP. This is the only project currently before ALUC. The ALUC will be acting beyond its jurisdiction if it is prejudiced by the possibility of future projects$ in determining the consistency of this "project." Response to Comments Preliminarily there is nothing contained within your correspondence that identifies how the AEE is inconsistent with the AELUP. I will discuss each of your issues below, for clarity, I will quote the relevant section of your letter and then provide my response. I. Page 1, Sentence 2 "As I am sure you are aware, of all the types of land use actions which an ALUC reviews, general plans require the most careful scrutiny because once the ALUC has deemed the general plan consistent with the compatibility plan, most subsequent land use actions, and development proposals will not be reviewed by the ALUC unless the local agency, in this case the City of Santa Ana ( "City'), agrees to submit them. " This statement is misleading and inaccurate. Public Utilities Code Section 21676(b) 9 requires that "prior to amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the airport land use commission ... the local agency shall first refer the proposed action to the commission." The commission then determines whether the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation is consistent with the AELUP. Since the City of Santa Ana is a built -out city, it is highly unlikely that any development about which the ALUC would be concerned with would not necessitate one of the above referenced actions. Moreover, it appears that Santa Ana is the only city in Orange County to warrant this "careful scrutiny." ALUC staff has admitted that the draft submitted on May 13, 2004 was more thoroughly analyzed than any other city in Orange County. Additionally, when Santa Ana asked for the staff reports and subsequent action by ALUC for each of the cities listed on the ALUC agenda as consistent, we were provided with documents from the 80's and early 90's. There was nothing showing this "careful scrutiny" of these consistent agencies after the AELUP's most recent revision adopted on December 19, 2002. s Such as the residential towers (the NEXUS Project (of which the ALUC is aware) and the MOLA project (which ALUC has found inconsistent). All statutory references herein are to the Public Utilities Code unless otherwise specified.