040405 Jt PH Cond Use, Develpo Agmt, Zoning, etc.-Geneva Commons Proj 200 E. First American Way

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Geneva Commons Project April 4, 2005 Page 6 Moreover, it should be noted that the City has not enjoyed the level of cooperation from the ALUC, which cooperation the City should reasonably expect from such an agency. For example, the City of Santa Ana, at ALUC staff's request, submitted revisions the General Plan, including the Airport Environs Element, the Noise Element and the Land Use Element, in order to become consistent with the AELUP. After numerous meetings and discussions with the ALUC staff and attorneys, counsel for the ALUC raised a myriad of new issues that were legally unfounded. See correspondence from Orange County Counsel dated August 6, 2004 attached hereto (Exhibit H) . The City sent correspondence addressing each of the issues raised by Orange County Counsel, to date we have not received any response to this correspondence. The City's correspondence is attached hereto (Exhibit I). Consistent with the Purposes of State Aeronautics Act In support of the project, the applicant submitted an Aviation Impact analysis prepared by Tom Krause Aviation Consulting. This analysis confirmed that the project will not adversely impact any instrument approach procedures, departure procedures, or visual flight rules (VFR) procedures at the Airport (See Exhibit 11 of the Planning Commission staff report dated November 22, 2004 attached as Exhibit A). The Federal Aviation Administration (FAA) also confirmed that the project would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities (Exhibit J). The Geneva Commons project would not adversely impact the operations of the Airport; the future development plans that exist for the Airport; the approaches to Airport runways; create noise concerns; create public health, safety or welfare concerns. Additionally, the project falls within a level of acceptable risk considered to be a community norm. As part of the Development Agreement, the applicant has agreed to record an avigation easement on the development. The easement is intended to prevent claims, actions or lawsuits for nuisance or interference with the use of the property such as noise, sound, vibration, dust or other environmental effects related to aircraft operations. The City will be the benefited party in the avigation easement, which can be assigned by the City to a third party.