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040405 Jt PH Cond Use, Develpo Agmt, Zoning, etc.-Geneva Commons Proj 200 E. First American Way
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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 <br />September 16, 2004 <br />Page 10 of 20 <br />Second, "tall buildings" are not the subject of this "project." As discussed above, the <br />"project" is the amendment of the City's General Plan. There is nothing within this section <br />of your letter that indicates how the AEE is inconsistent with the AELUP in this regard. <br />B. Paragraph 2, first sentence <br />"State and federal airport land use compatibility guidelines also <br />recommend that a strict height limitation be imposed that is supported by <br />substantial evidence to show that buildings beyond a certain height would <br />be an obstruction to navigation of aircraft around JWA ". <br />There are several concems within this sentence that need to be addressed. First, you have <br />unfortunately omitted the fact that the AELUP contains no such height restriction <br />requirement. Accordingly, the omission of such a height limitation in the AEE cannot be <br />the basis for inconsistency. <br />Second, there is no "substantial evidence to show that buildings beyond a certain height <br />would be an obstruction to navigation of aircraft around JWA" contained within the <br />AELUP, so once again this would not need to be inserted into the AEE to be consistent <br />with the AELUP. There is nothing within this section of your letter that indicates how the <br />AEE is inconsistent with the AELUP in this regard. <br />C. Paragraph 2 second and third sentence <br />"As you are aware, long -term members of the ALUC recall the Federal <br />Aviation Administration ( "FAA') clearing a building at Hutton Center that <br />ultimately interfered with the VHF Omni Range (VOR) navigational aid at <br />JWA. It is critical that this type of unintended result be avoided in the <br />future, based upon appropriate land use compatibility planning. " <br />The FAA cleared a building in Santa Ana that ultimately interfered with a navigational aid <br />at JWA. This comment should be appropriately addressed to the FAA since I am unclear <br />how the City can control the FAA's "clearing of a building." Also, it is my understanding <br />under state law that this scenario illustrates one goal of ALUC review, since the ALUC is <br />aware of this situation, I am certain that such an incident is unlikely to be repeated. There <br />is nothing within this section of your letter that indicates how the AEE is inconsistent with <br />the AELUP in this regard. <br />D. Paragraph 3 <br />"Further, it appears that stronger language concerning the heights of <br />buildings in the Land Use Element is being replaced with weaker, more <br />subjective criteria. The previous language acknowledged that tall <br />structures within 3 miles of an airport that are 200 feet or higher above <br />
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