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Mr. Jack W. Golden <br />September 16, 2004 <br />Page 16 of 20 <br />The AELUP does not require, nor does state law require that the City consult with JWA <br />regarding the height of buildings. Federal law does however require such consultation with <br />the FAA. Accordingly, the omission of ALUC review from City policy does not create an <br />"inconsistency." <br />XIII. Page 6, Item 9 <br />"Policy 2.3 should also reference compliance with the JWA AEL UP. " <br />The AEE already indicates that the City will comply with State law, which includes <br />consistency with the AELUP. The AEE has addressed this concern and <br />since this concept is evident in the AEE, the omission of ALUC from this policy does not <br />create an "inconsistency." The City will of course comply with state law, as well as FAR <br />Part 77, and will add "state law" to Policy 2.3 if ALUC determines it is required to achieve <br />"consistency." <br />XIV. Page 6, Item 10 <br />"A Policy 2.4 should acknowledge the stated goals to ensure that people <br />and facilities are not concentrated in areas susceptible to aircraft accidents <br />and to ensure that no structures or activities adversely affect navigable <br />airspace. " <br />As discussed above, the AELUP does not identify any locations where aircraft accidents <br />are a concern. Since the AELUP does not contain such information, this Policy does not <br />need to be inserted to be consistent with the AELUP. As such, there is nothing within this <br />section of your letter that indicates how the AEE is inconsistent with the AELUP. <br />The stated goal of the element is "[t]he Airport Environs Element of the City of Santa Ana <br />General Plan serves as the long-range policy guide to safeguard the general welfare of the <br />inhabitants within the City of Santa Ana in the vicinity of John Wayne Airport (JWA). <br />Additionally, it provides guidance for the purpose of ensuring navigable airspace is not <br />impacted by future development in the City." Page 1, Paragraph 1 of the AEE (emphasis <br />added). As such, there is nothing within this section of your letter that indicates how the <br />AEE is inconsistent with the AELUP. <br />XV. Page 6, Item 11 <br />"Policy 3.4 on page 20 should include consultation with the ALUC <br />consistent with Public Utilities Code §21670° et seq. and Title 21 California <br />Code of Regulations §3534 (regarding referral to ALUC of heliport <br />application). °' <br />