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ALUC Minutes Page 5 January 15,2004 Chairman Bresnahan suggested that the members hear testimony from the project sponsors. Mr. Franco Mola, Geneva Commons developer, thanked the ALUC for having Mr. Mestre's presentation, noting that his noise consultant is also present. Chairman Bresnahan asked the noise experts to estimate the level of aircraft that had just departed JW A, adjacent to the meeting room. The sponsor's noise consultant indicated a single event of 65- 70 dB. The Chairman observed that is much noisier than Mr. Mola expects in his building. Mr. Mola confirmed the requirement to design to 45 CNEL interior, adding that the EIR covered that and the building will be tested for compliance. He stressed that the project complies with setbacks and noise studies, and asked for a favorable finding. No one else from the audience wanting to speak, the Chairman asked for a second to the motion and discussion by the members. There was no second for the motion. During the ensuing discussion among the Commissioners, Mr. Brady confirmed that with the elapsing of 60 days, the project would be deemed Consistent by law. He noted a few instances when projects were withdrawn and later re-submitted by local agencies in order to avoid violating the 60 day limit, as well as an ALUC finding of Inconsistency. Commissioner Kranser explained his view that the AELUP is out of date, since the new EIR and Settlement Agreement have allowed an increase to 85 daily departures from 73 and the passenger count has already exceeded the old 8.4 MAP limit. He stated that the JW A AELUP needs to be corrected, like the obsolete EI Toro AELUP, and he urged the ALUC to consider projects like the current one under a realistic 20 year plan, recognizing that the margins of safety around JW A are shrinking. He asked the members to consider that the true margins may be less than shown in an obsolete AELUP, which could create danger for residents, aircraft, and the airport. Replying to Commissioner Kranser, Executive Officer Golding reviewed the duty of the ALUC to change the AELUP upon a referral from the airport, noting that the joint County-Newport Beach EIR 583 and new Settlement Agreement show the noise impacts within the 1985 contours, as Mr. Mestre had stated. She confirmed that the AELUP contours serve as the planning lines for the neighboring jurisdictions, and especially in Santa Ana Heights where FAA funds have been devoted to sound attenuation of homes, etc. based on those noise contours. She concluded that the facts support the current JW A AELUP as perfectly adequate. Commissioner Propst stated his view, as a pilot, that the building is in a bad place, and voiced his preference to let the motion die for lack of a second, and allow the 60 days to elapse, rather than approving a residential project so close to Runway 19R. Commissioner H. Beverburg agreed that a reasonable member would have to abstain from voting for the project. He suggested a finding of Inconsistency on the project, so that the City could override the ALUC and proceed with a project that he views as borderline. He noted that buildings will not be tom down and the ALUC doesn't have too many options as the usage of JW A increases. He agreed with Commissioner Propst that the members could abstain on a vote, thereby allowing approval by default, but he moved to find the project Inconsistent as a better option. There was no second for the motion. 75C-168