2016-013 - Heritage Mixed Use Development Project

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3. The standards set forth in AELUP Sections 2 and 3 were adopted to prevent the creation of new noise and safety problems. As set forth above, the proposed project complies with the noise criteria, safety standards and height requirements established in Sections 2 and 3. B. It is the purpose of the State Aeronautics Act to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. 1. To protect the public health, safety and welfare by ensuring orderly expansion of airports, the ALUC adopted the 2008 AELUP, The AELUP standards guide development proposals to provide for the orderly development of the airport and the area surrounding the airport through implementation of the standards in AELUP Sections 2 and 3. As set forth above, the proposed project is consistent with the AELUP noise standards, safety standards and building heights. 2. To protect the public health, safety and welfare the ALUC adopted the 2008 AELUP to outline land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent these are not already devoted to incompatible use. The AELUP provides land use policies in AELUP Section 3 that govern noise, safety and height. As set forth above, the proposed project is consistent with AELUP noise, safety standards and building heights. C. AELUP Section 2.1.3 permits ALUC to utilize criteria for protecting aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77 should evidence of health, welfare, or air safety surface sufficient to justify such an action. The Council considered the FAA No Hazards Determination, proposed relevant project conditions and AELUP standards and finds the proposed project does not present a health, welfare or air safety problem to warrant an inconsistency finding. The City Council finds the ALUC's belief that the proposed project was inconsistent is not based on substantial evidence that was introduced, commented on, or identified in support of the incompatibility finding. D. The Santa Ana General Plan Noise Element additionally specifies that residential development in the Airport Area be outside of the 65 dBA CNEL noise contour and requires residential developers to notify purchasers or tenants of aircraft overflight and noise. The proposed project is outside the 65 dBA and prospective tenants will be notified in writing and the property will be posted. The proposed project is consistent with these policies. Resolution No. 2016 -013 Page 8 of 8