Item 26 - Public Hearing Regarding Bristol Project

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Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 24 established in PUC Sections 21676 and 21676.5 to overrule the ALUC's finding that the General Plan Update was inconsistent with the AELUP for JWA. The action to overrule the ALUC's decision on the General Plan Update was based on the desire to advance the vision of the General Plan for the South Bristol Street Focus Area, which envisions a dynamic, mixed -use environment with building heights and massing of up to 25 stories within the Focus Area. On August 29, 2023, City Council met and authorized staff to initiate and complete the procedure for the City Council to consider the Related Bristol Specific Plan and the proposed overriding of the determination made by the ALUC by (1) issuing a Notice of Intent to overrule and (2) giving notice to the ALUC of its decision to overrule as required by PUC Section 21676(b). On August 31 and again on September 26, 2023, the Planning Division provided a Notice of Intent to overrule the commission's determination with findings to the ALUC and the State Division of Aeronautics. On October 24, 2023, ALUC responded to the City's Notice of Intent. As of the date of publishing this report, no comments from the Division of Aeronautics had been received. PUC Section 21676 permits the City Council, by a two-thirds vote of the members constituting a quorum, to overrule the ALUC's determination if it finds that the proposed project is consistent with the purposes of the State Aeronautics Act. The Act states: "It is the public interest to provide for the orderly development of each public use airport in this State and the area surrounding these airports so as to promote the overall goals and objectives of the California noise standards... and to prevent the creation of new noise and safety problems." Based on staff's review of the project, the project will not adversely impact the operations of the airport, the future development plans that exists for the airport, the approaches to the airport runways, create noise concerns, or create public health, safety, or welfare concerns. Additionally, the project falls within a level of acceptable risk considered to be a community norm. Multiple taller structures than those proposed in the SP area exist closer to the airport and its runways, notably in the cities of Costa Mesa, Irvine, and Newport Beach. Out of an abundance of caution and consistent with past practice, the applicant will be required to record an avigation/aviation easement with both the County and the City to prevent claims, actions, or lawsuits for nuisance or interference with the use of the property against the City and John Wayne Airport. Community Engagement and Public Notification Due to the complexity and scale of the project, public outreach and notification were conducted using a variety of manners to engage broad segments of the community. Community engagement and public notification processes for the proposed Specific Plan exceed or meet the minimum requirements of the City. Upon submittal of the proposed SP to the City, staff met with the project applicant to provide information about