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<br />The project is consistent with the long-range development <br />plans of JWA1 and supports development of the airport over <br />at least the next 20 years. <br /> <br />ii. <br /> <br />JWA does not have any known plans to expand JWA <br />within the next twenty-years. <br /> <br />JWA did not identify any interference with the present <br />or plannl'id operation of JWA that would result <br />because of this project. <br /> <br />a) <br /> <br />b) <br /> <br />c) <br /> <br />The ALUC did not provide any factual evidence that <br />this project is inconsistent with the present operation <br />of JWA. <br /> <br />(1 ) <br /> <br />On January 15, 2004, the ALUC heid a public <br />meeting on this project. The staff's <br />recommendation was that the project is <br />consistent with the AELUP, .providing the <br />project complies fully with aU conditions <br />required by the FAA," and "provided that a <br />Notice of Airport in Vicinity is provided to all <br />future occupants as specified in JWA AELUP <br />Section 3.3.6." The staff report further stated, <br />"the project technically represents a compatible <br />land use in its scope and at its location, and <br />will be consistent with the Commission's JWA <br />AELUP." <br /> <br />(2) <br /> <br />At the January 15, 2004 hearing, contrary to <br />ALUC staff's recommendation, the ALUC voted <br />to approve this project as consistent with the <br />AELUP, with the added condition that the <br />project does not exceed 229' AMSL (Above <br />Mean Sea Level) in height. This condition <br />imposed by ALUC was not supported by any <br />findings of fact in the record. Based upon the <br />unsupported decision, the City of Santa Ana <br />requested the ALUC reconsider the January <br />15,2004 decision regarding this project. <br /> <br />1 The AELUP is not based upon <¡tw<ònly-Ye"r l1les\er pl"n; "S sUGt1th¡¡ GityQf ger\\¡¡ An" reGognizas it <br />may not be a l<ògally valid GomprehensiveJand use plan. Hqwever, sinœ \hi¡¡ pl,m w¡¡,¡¡ utili;;:ed by AI..UC <br />to determine this projeGt was "inGon¡¡istent," theCily .of Santa Ana will referenœ\he AEI..I..IP. By the use <br />of the AELUP for this limited purpose, the Cily of Santa Ana doe¡¡ not waive any ieg¡¡,l argument or <br />defense the City may raise regarding the appliœbilily of the AELUP to this or any fuwre projects. <br /> <br />Resoiutioo 2005,040 <br />Page] of61 <br />