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

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ALUC Minutes Page 8 March 18, 2004 always to have been an issue, and concluded that the ALUC would be acting in accordance with the AELUP in a finding of Inconsistency. Commissioner H. Beverburg referred to AELUP page 25, section 3.2.8 regarding the height restriction zone wherein a project that by reason of height or location would cause a diminution in the utility of an airport is unacceptable to the ALUC. He opined that the project as proposed could probably result in reduction of the minimum and movement of the JWA threshold, and should be found inconsistent. A short discussion ensued among Commissioners and staff regarding building heights in sea level and above ground elevations, with Mr. Mola confirming that the top of his building would be 240 -50 ft. above street level. Chairman Bresnahan reviewed his preparation for this item, agreeing with the Commissioners who consider this to be a very sensitive area that is in the approach zone for JWA. Referring to the flight track graphic, he noted it represents a single day thus demonstrating significant overflight of the parcel at low altitude. He disagreed that the ALUC may only consider the FAA's view and concurred with Commissioner H. Beverburg that the Commission, not the staff, makes determinations based on all of the facts. He noted the FAA concern over the safety of flight and FAA's narrow focus, stating that ALUC's concerns go beyond the FAA's. He observed that it is a sensitive area for navaids and that the FAA considers various factors by modeling projects on their computer, but after construction the FAA flight tests all of their navaids. Should they discover a problem, the solution is to reduce the utility of the airport, and an ALUC mandate is to prevent that. He recalled a large building further off the centerline which had that affect to increase minimums and another building that rendered the VOR inoperative. He noted that despite his concerns with the traffic pattern in this sensitive area, the number the Commission used was not arbitrary and capricious but was the existing building height there today. Mr. Franco Mola emphasized that the issue is about a lot of land owners encountering the same problem as he and had there been public hearings and environmental reports, he would not be appearing with a building higher than the ALUC believes it should be. He stressed that he is not asking for an exemption but just to build within his rights. He cautioned that ALUC should go through the process if they intend to rezone the areas which in effect they are doing in his case, although many other entities will be affected to the point of a huge lawsuit. He urged ALUC to go through the process if they intend to change the rules but that they are being arbitrary in devising the height limit. Chairman Bresnahan noted that it might be different if the City of Santa Ana were a consistent agency, stating that he does not believe ALUC is ad hoc amending the AELUP or inventing a new rule, but rather is taking all of the information and making an informed action. He added that the City has the ability to override the ALUC if the City believes this to be the best plan. He concluded that ALUC is only reflecting what they believe is best for the airplanes flying over the site and the people living in and around it. Replying to Mr. Mola, Chairman Bresnahan confirmed that he is only considering and commenting on the current project parcel and not dealing in hypotheticals in other jurisdictions. Commissioner Harris mentioned the crash yesterday of a plane flying low in limited visibility. Mr. Mola repeated that he is only asking for some consistency and to let all involved entities know what the ALUC wants so it will not be a guessing game. Chairman Bresnahan stated his hope that Santa Ana soon becomes a consistent agency and explained why he is prepared to vote for the motion when he previously voted for the conditional approval at 229 ft.,