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Letter to Mr. Vince Fregoso, City of Santa Ana Caltrans Letter Regarding the Bowery Mixed -Use Development Project Page 1 of 2 Response to Caltrans Division of Aeronautics Letter, August 13, 2020 August 14, 2020 Mr. Vince Fregoso, AICP, Planning Manager City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, CA 92701-4058 Subject: Bowery Mixed -Use Development Project — Response to Caltrans Division of Aeronautics Letter Regarding Overrule of the Orange County Airport Land Use Commission Dear Mr. Fregoso: The purpose of this letter is to address the August 13, 2020 California Department of Transportation (Caltrans) Division of Aeronautics Letter regarding the proposed overrule of the Orange County Airport Land Use Commission (ALUC). In its letter, Caltrans explicitly states that the Bowery Mixed -Use Development Project (Project) meets the purposes of the State Aeronautics Act required for the City of Santa Ana to overrule the Orange County Airport Land Use Commission (ALUC)'. In making this statement, Caltrans does not dispute the facts that the proposed Project is consistent with the existing and future operation of John Wayne Airport (JWA) and it would comply with the objective technical safety and noise criteria in the JWA Airport Environs Land Use Plan (AELUP) and the associated Federal Aviation Administration (FAA) airspace protection and building height criteria. These are the objective standards that the JWA AELUP prescribe for projects and land use actions to be measured for consistency with the existing and future Airport operation. First, Caltrans correctly states that the Project is outside of the Airport Land Use Planning Handbook safety zones as acknowledged and reiterated by the ALUC as well. This fact has never been in dispute by the ALUC and is explicitly acknowledged by Caltrans. While Caltrans addresses this issue in its letter, there is no mention of the fact that the JWA AELUP has not been updated by the ALUC since 2008 and it does not incorporate the 2011 Airport Land Use Planning Handbook Update as recommended by Caltrans. Second, Caltrans does not dispute the fact that the Project is outside of the 60 dB CNEL noise contours in both the AELUP and the most recent JWA environmental analysisz also located outside of the JWA single . The Project is -event noise contours as also shown in the Airport's most recent environmental analysis. The JWA environmental analysis conclusively demonstrates that the Project would not be affected by either daily average aircraft noise or single -event aircraft overflight noise. California Public Utilities Code, Section 21670(a)(1) and (2) z John Wayne Airport General Aviation Improvement Program, Final Environmental Impact Report, certified by the Orange County Board of Supervisors on June 25, 2019.