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ALUC Minutes Page 8 January 15, 2004 Chairman Bresnahan noted that a comfort height would be the Part 77 Imaginary Surface at 204', above which there would be impacts in a sensitive area. He conceded there is no specific point on which to find the project Inconsistent, but he warned of the danger of an accident resulting in public demands about why such a situation was allowed, just as is the case where the issue is noise. A short discussion ensued about urban airport tragedies and ideal airport siting situations, with Mr. Mola supporting large land purchases to prevent encroachment. Chairman Bresnahan repeated his view that he sees no legal basis for an Inconsistency finding, but finds it disturbing to learn that this project could be 605' closer to the centerline and still be approved, noting that he is also tempted to abstain from a vote to approve. Alternate Commissioner S. Beverburg discussed the details of the distance figures provided in the staff reports, noting that the aircraft airspace exceeds the area of the noise contours, possibly being a weakness of the AELUP that may require the future development of unique restriction zones. Commissioners Campbell and S. Beverburg discussed the onus of public protection on the ALUC and Commissioner Kranser' s concept of "margin of safety." The Chairman noted that such a strategy must be aggressive in view of development trends. Staff Analyst Brady corrected his earlier comment, now recalling that the EIR received was for the Broadway Plaza high-rise in downtown Santa Ana, and that only a set of drawings had been received for the Geneva Commons project from the City. Replying to the Chairman, Mr. Brady related his search of the ALUC files, where he had found past agenda listings for MacArthur Place, but only one 1989 staff report dealing with the 12-story building next to Mr. Mola's site, which at 229' is the highest building elevation now in that locale. Mr. Mola repeated his claim that the original area entitlements were for four million square feet of office space in 20-25 story buildings. Chairman Bresnahan stated his concern with Santa Ana being an Inconsistent Local Agency, in that assurances are lacking for what the City may do in a sensitive area. He asked for a second to Commissioner H. Beverburg's motion to find the project Inconsistent. Commissioner Campbell seconded the motion. Replying to Commissioner Webb, Commissioner H. Beverburg explained the basis of his motion as the General Policy of the AELUP, and that the finding would provide the City the chance to study the issues in depth while deciding whether to override the ALUC. Chairman Bresnahan observed that the project shows why the judgment of seven Commissioners is required to evaluate staffs recommendations as well as the public testimony. He repeated his view that the objections to the project are too vague for him to vote Inconsistent, despite his concerns. He noted that the closer a project gets to the limit lines, the less flexible restricted areas are. He added his doubt that someone following the current lines, can be penalized with an Inconsistency finding. The motion failed on a vote of2 ayes, 3 nays, and 2 abstentions. 75C-171