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CUP No. 04-24, DA No. 04-03, TTM No. 04-05, VA No. 04-11, ZOA No. 04-05 and SPR No. 04-06 November 22, 2004 Page 10 this mandate, the City referred the project to the ALUC in November 2003. After holding two hearings on the project, on January 15, 2004, the ALUC found the project consistent with the AELUP subject to the provision that the project be reduced in height to 235 feet above sea level, or a maximum of 14 stories. Given that the upper levels of a high-rise residential building are a critical component of an urban lifestyle and that prior entitlements were granted to allow high-rise development in MacArthur Place, the applicant requested and was granted a reconsideration of the project in an attempt to maintain the proposed height of the building. On March 18, 2004, after receiving testimony on the reconsideration request, the ALUC reversed its prior decision and determined that the proj ect was inconsistent with the John Wayne AELUP. The inconsistent determination was based on the ALUC's concern with the construction of a residential proj ect in close proximity to the airport runway. As the Planning Commission is aware, these ALUC determinations were made, in City staff's view, without a solid factual basis and without proper findings. The City Council may overrule the ALUC determination and approve the project with a 2/3 vote in support of the project and after certain findings of fact are made. The applicant has prepared an Aviation Impact Analysis that clearly identifies the project as having no impact on the operation of John Wayne Airport (Exhibit 11). Further, an amendment to Mitigation Measure No. 65 of the CUP will also be needed. This condition, currently a mitigation measure of the negative declaration, requires ALUC approval for the project. Given the ALUC has determined that the proj ect is inconsistent with the AELUP, the measure needs to be reworded to accommodate a City Council overrule of the ALUC. Vehicular/Pedestrian Traffic The MacArthur Place Environmental Impact Report that was approved in 1987 identified five phases of development for MacArthur Place. Both the specific plan and the EIR identified a series of transportation improvements to reduce potential traffic impacts associated with the amount of building area developed in each proj ect phase. Al though development within MacArthur Place has yet to exceed the 1,214,925 square foot threshold for Phase 1, traffic improvements required for Phases 1 and 2 have been completed. However, the Geneva Commons will be making additional traffic improvements in the area. A fair share 75C-17