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Agenda Item 2- I he Bowery May 21, 2020 Page 2 The project is approximately .3 miles northeast of a similar mixed -use project, the Heritage, which was brought to your Commission in October 2015. Your Commission found the Heritage project inconsistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, and the City of Santa Ana subsequently overruled the Commission's finding as per Public Utilities Code 21676(b) and proceeded with development. On March 16, 2020, ALUC staff met with the Bowery project applicant, at the applicant's request, to discuss the need for this project to be referred to ALUC for a consistency review. The applicant disagreed with the ALUC staff definition of "Planning Area," and requested a legal response. ALUC's legal counsel/County Counsel met via teleconference with the project applicant's legal representative on April 21, 2020. The project applicant has maintained that this location is not included in ALUC's Planning Area. Separate from (not a part of) this proposal, the City of Santa Ana is in the process of conducting a comprehensive General Plan update. The City has identified a "55 Freeway/Dyer Road Focus Area," in which the properties along Red Hill Avenue, between Warner and Dyer, are proposed for the District Center designation, which would allow for more mixed -use development along Red Hill Avenue. ALUC staff will continue to monitor the City's General Plan Update and provide comments on the Draft Environmental Impact Report (DEIR) when it is available. The City of Santa Ana has scheduled the following public hearings for the proposed project: May 11, 2020 - Planning Commission (continued) May 26, 2020 - Planning Commission June 2, 2020 - City Council AELUP Issues The proposed project, zone change and General Plan Amendment have been evaluated for conflicts with respect to aircraft noise, building heights, flight tracks, safety zones and the development of heliports. Regarding Aircraft Noise Impacts The site of the proposed project is not located within the JWA 60 or 65 dBA CNEL noise contours (see Attachment 2). The Draft Environmental Impact Report (DEIR) for the proposed project included Mitigation Measure LU-2 stating that all prospective residents of the project site would be notified of airport related noise (via Notice of Airport in Vicinity language in lease/rental agreements). The City revised the EIR however, and removed that mitigation measure as well as the AELUP for JWA Section 3.2.4 requirement to provide outdoor signage informing the public of the presence of operating aircraft. Regarding Height Restrictions In Section 2.1.3 of the AELUP for JWA, the Commission has incorporated the standards for height limits for determining obstructions and has incorporated the definitions of "imaginary 75C-904