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Geneva Commons Project April 4, 2005 Page 5 Airport Land Use Commission The Geneva Commons development was required to be reviewed by the Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) per Section 21676(b) of the California Public Utilities Code due to the adoption of a Zoning Ordinance Amendment. On December 18, 2003 the ALUC held a public hearing on the project (Exhibit B). After continuing the item, on January 15, 2004 the ALUC determined that the project was conditionally consistent with the AELUP, with the condition that the project does not exceed 229 feet above mean sea level. (229 feet above mean sea level at this location is a maximum of 13 stories and would have required lowering the 18-story building by 5 stories). A copy of meeting minutes and correspondence dated February 4, 2004 communicating the ALUC's decision is attached hereto (Exhibits C and D). Since the upper levels of a high-rise building are a critical component of creating an urban lifestyle and thus ensuring this projects success, the City requested and was granted a reconsideration of the project by the ALUC. On March 18, 2004, the ALUC reconsidered the project. However, in this reconsideration the ALUC found the project to be inconsistent with the AELUP, contrary to the January 15, 2004 decision that the proj ect was conditionally consistent. A copy of meeting minutes and the correspondence dated March 31, 2004 communicating the ALUC's decision is attached hereto (Exhibits E and F) . Public Utilities Code Section 21676 permits the City Council, by a 2/3 vote, to overrule the ALUC determination if it finds that the proposed project is consistent with the purposes of State Aeronautics Act. The Act states: "It is in 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 airport noise standards. . and to prevent the creation of new noise and safety problems. II Public Utilities Code Section 21670. As required by Public Utilities Code Section 21676, the City provided the proposed findings to the ALUC and to the CalTrans Division of Aeronautics. While CalTrans did not provide any comments to the City, on February 17, 2005, ALUC submitted its response to the proposed findings. A copy of the February 17, 2005 correspondence is attached hereto (Exhibit G). According to Public Utilities Code Section 21676, the comments by ALUC are merely advisory to the City Council. 75C-5