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

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ALUC Minutes Page 6 March 18, 2004 Commissioner Webb moved to reconsider the project, with Commissioner H. Beverburg seconding Commissioner Propst read from the AELUP text regarding the legal mission of the ALUC to provide for orderly airport growth while protecting the public. He noted the ALUC's planning role and the AELUP policy to differ from FAR Part 77 for the sake of the public welfare and air safety, while observing the project site to be under the right downwind or right base leg turn for Runway 19R. He stated that this falls into aircraft traffic pattern protection, and that his intention is to find the project inconsistent. Commissioner O'Malley agreed and supported exercising the latitude to find the project inconsistent regarding public safety. After the show of hands vote on the motion to reconsider, which passed, Executive Officer Golding requested a roll call vote. Ms. Golding recorded that Commissioners Webb, H. Beverburg, Campbell and Propst voted to reconsider, with Commissioners Bresnahan, O'Malley and Harris voting no. Commissioner Propst moved to find the project Inconsistent, with Commissioner H. Beverburg seconding Chairman Bresnahan acknowledged the motion and second, and requested presentation of the staff report to be followed by any additional testimony. Staff Analyst Brady referred to summary bullets he had prepared, to be followed by specific sections of the staff report should the Commission so desire. Mr. Brady described the additional handouts consisting of JWA AELUP Sections 2.1.3 and 3.2.1 and graphics depicting the aircraft flight tracks and project site. Noting that the City had requested this reconsideration based on new information in its submittal and testimony today, he next summarized the background history of the project area resulting from a search of the ALUC files for the 1986 -1990 period and review of key MacArthur place documents provided by the City. Mr. Brady noted that the ALUC had found the City's Airport Environs Element to be Inconsistent in August 1987, lacking certain needed changes, which were never subsequently made by the City. He related the City's approval of the MacArthur Place Specific Plan and associated FIR in December 1987, which relied on the Element regarding the area's height limits. He continued, stating the City approved the Development Agreement in January 1988, it being intended to implement the overall project. Mr. Brady pointed out that during the same time -frame the ALUC acted on City referrals for MacArthur Place, finding the project zoning/ specific plan to be Consistent, apparently based on mitigation measures and a site plan from the draft EIR. He continued with the ALUC February 1988 Consistency finding, that the subsequent General Plan Amendment was the same project as previously acted on. In June 1989, the ALUC found the first high -rise building of 12 stories to be Consistent, although an apparent FAA technical error went undetected then. Mr. Brady referred to the staff report section that responds to comments by the project's attorney, wherein staff had found no record of the ALUC reviewing the Development Agreement, nor specific height limits in the specific plan for individual parcels, nor any evidence that the Development Agreement granted a vested right to build a 20 -25 story building at the Geneva Commons site.