75A - PH - EIR THE HERITAGE 2001 E DYER

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ALUC Heritage Overrule Response January 15, 2016 Page 3 Also, please be advised that California Business & Professions Code Section 11010 requires the following statement to be included on sale /lease disclosure documents for developments within an ALUC's "Airport Influence Area:" "NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (For example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you." Regarding the proposed residential component of the project, please refer to Attachment 5, which shows existing residential land uses in the project area. Note that the land uses on both sides of Red Hill Avenue from the JWA area northward to beyond the project site are comprised of non - residential uses. Such non - residential uses are clearly more compatible than residential uses under the JWA aircraft approach corridor. As stated in the JWA AEL UP, the ALUC has the responsibility to consider the broader perspective in matters affecting the public's well being and the viability of public aviation facilities. The ALUC accomplishes these overall goals by applying its discretion to evaluate individual projects based upon a wide range of facts and factors gathered through public testimony and Commissioners' knowledge, in addition to informative analysis provided by staff. By virtue of being clearly stated in JWA AELUP Sections 12 "Purpose and Scope" and 2.0 "Planning Guidelines, " every Commissioner understands the complex legal charge to protect the public airport environs from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live in the airport's environs. To this end, and as also statutorily required, our ALUC proceedings are benefited by several members "having expertise in aviation." Based upon our careful consideration of all information provided, and input from our members with expertise in aviation, a majority of the ALUC found the proposed Heritage Project to be inconsistent with the JWA AEL UP. We urge the City Council of the City of Santa Ana to take all these matters into consideration in their deliberations prior to deciding whether to overrule the ALUC. Thank you for the opportunity to provide these comments. Sincerely, (. C� Ydl h've OM er Gerald A. Bresnahan Chairman 75A -113