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ALUC Minutes Page 7 January 15,2004 Mr. Mola and Commissioner Campbell discussed the adjacent First American Title site and its current and planned development in terms of square feet and height, compared to the Mola project. Replying to Chairman Bresnahan, Mr. Mola explained that the City's planner, Mr. Fregoso, has a schedule conflict tonight and thus there is no City of Santa Ana representative at the meeting. Chairman Bresnahan observed that the ALUC must act at this meeting, and he explained his concerns based on his experience as an aviator and Commission member, while noting that the Commissioner making the motion for Inconsistency is the senior member. He stated his concerns are: Mr. Mola's project will become the tallest building in the area and previous cases had effects on JW A; that large square footage projects are significant when they become high-rise; the cumulative effect of projects since the FAA is an advisory not a regulatory body; the possible loss of radar coverage for JW A; and the possibility of an aircraft hitting the building. Mr. Mola recited the various existing building heights, and his proposed elevation in the area and he described the developers' process of buying a site and complying with the various restrictions. Noting again that his project is outside of the envelope, he suggested the ALUC decide on its preferred height and buy the airspace above that. Replying to Commissioners Harris and Propst, Mr. Mola repeated his view that the ALUC is taking an emotional position on his building and asked for guidance such as setting a vertical limit, informing the community, and buying the air rights to discourage developers from asking for greater heights. Replying to Chairman Bresnahan, Mr. Mola agreed that he has no right to build to infinity, but does have the right to utilize the property's zoning. He noted that ALUC had not commented on the project's EIR. Replying to Commissioner Campbell, Staff Analyst Brady stated that the EIR had been received, but when contacted, the City staff had stated that the project was in hiatus. Mr. Brady later corrected his statement. Mr. Mola stated that ifso, the ALUC had been notified of the project and repeated that the ALUC should be able to state its recommendation and conditions, rather than just a flat "no." A discussion ensued among Commissioners and Mr. Mola regarding height preferences and likely development on his and adjacent sites. . Commissioner Propst described the FAA's positions toward airports, avigation easements, and surrounding land use development, noting that FAA funds are now being devoted to homeland security issues. He noted the role of the City in deciding land use, and developers acting on that local authority, and he speculated that Mr. Mola will end up with a consistent decision either by default or by a vote at this meeting. Commissioner Propst and Mr. Mola discussed the existing heights in the area, and what a preferred height might be, agreeing that ALUC staff would have recommended a finding of Inconsistent if their analysis merited it. 75C-170