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

Home Browse Search

Mr. Jack W. Golden September 16, 2004 Page 12 of 20 Page 5, Item 3; Third Sentence "He also suggests that buildings be required to be designed to be sufficiently indoor oriented so as to preclude noise impingement on exterior living areas." We questioned ALUC staff as to the meaning of this comment. The ALUC staff has previously admitted that it is confusing and they have been unable to explain the rationale for including it. I do not understand how making residential units, which by their nature are indoor oriented, "sufficiently indoor oriented" will stop noise impingements on the exterior of the building. The indoor sound attenuation measures are already discussed in the AEE and cannot diminish the actual noise on the exterior of the building. VIII. Page 5, Item 4 A. Paragraph 1 "On page 11 of the Airport Environs Element, the City quotes language from the AELUP inserting its name in the place of the ALUC as to recognizing the FAA as the single authority. However, this language is taken out of context in that it does not utilize the additional language from the AELUP (presently on pages 13 and 18), which has been a part of the Plan since at least as far back as 1983, invoking the right to utilize criteria for protecting air traffic patterns which may d ier from Federal Aviation Regulation ( "FAR') Part 77, should evidence of health, welfare or air safety surface sufficiently to justify such an action. The General Plan must be revised to achieve consistency with the JYYA AELUP. This criteria will essentially provide the City Council with the flexibility to invoke such a public health, welfare and safety standard if the mere numbers so not tell the full story. " You are correct that the language in the City's AEE "quotes language from the AELUP." Your concerns about ALUC's power have been addressed by the inclusion, at the ALUC staff s request, of the State law section in the AEE. The AEE on page 17 states "The City of Santa Ana will comply with and administer all requirements established by state law and the Public Utilities Code." The ALUC is granted under Section 21674 the power and duty "[t]o coordinate planning at the state, regional and local levels so as to. provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." It is unnecessary in a city's general plan to list each of the powers and duties provided to the ALUC under state law. We believe that adding this superfluous reference in the General Plan is unnecessary.