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Letter to Mr. Vince Fregoso, City of Santa Ana Caltrans Letter Regarding the Bowery Mixed -Use Development Project Page 2 of 2 Third, Caltrans correctly states that the FAA issued Determinations of No Hazard to Air Navigation' to for each of the proposed new buildings. Not only were these FAA Determinations significant for the finding of No Hazard, they also show that the FAA's aeronautical study revealed that the Project would not be an obstruction to air navigation and would not need any obstruction lighting or marking. This fact negates the basis of JWA AELUP Section 2.1.3 raised by Caltrans and a fact that was never disputed by the ALUC during its review. Caltrans raises two additional issues in its letter without any supporting evidence as to the validity of their assertion. The first relates to a concern raised about environmental justice. The Draft Environmental Impact Report (EIR) for the Project does not identify any environmental justice issues associated with the Project. On the contrary, the Project is part of the City's plan to meet its housing needs. Caltrans and its Aeronautics Division did not provide any comments to the Project's Draft or Final EIR related to environmental justice. The second concern raised is that the Project could limit JWA's future operational capacity and thereby diminish the airport's ability to meet the region's growing air service demand. This claim has no supporting evidence and much evidence to the contrary. On September 30, 2014, the Orange County Board of Supervisors unanimously entered into the 2014 Settlement Agreement Amendment that extends the operational capacity cap on JWA. The level of operations and very limited growth allowed under the Settlement Agreement is already set. Finally, Caltrans ignores the additional mitigation agreed to for the Project. This includes buyer awareness notification of an airport in the vicinity as well as outdoor sign postings. The Project developer has also agreed to prepare and record an avigation easement associated with the property as a Condition of approval. s Federal Aviation Administration, Determination of No Hazard to Air Navigation, March 5, 2020, `?his aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation..."