75A - PH - 200 EAST FIRST AMERICAN WAY

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ZOA No. 2012 -01, DA No. 2004 -03, VTTM No. 2012 -01, and SPR No. 2012 -01 March 5, 2012 Page 2 Before a vote on the original motion, a substitute motion was made (motion by Mill, second by Acosta) to approve the project. But after further Commission discussion the vote on this substitute motion failed on a 3:3 vote (Commissioners Mill, Acosta and Gartner in favor; Commissioners Alderete, Nalle and Turner opposed). The Commission then returned to the original motion by Commissioner Turner to continue the item and provide the applicant with direction for changes. This motion failed on a 2:4 vote (Commissioners Nalle and Turner in favor; Commissioners Alderete, Acosta, Gartner and Mill opposed). A third motion was made by Commissioner Gartner and seconded by Commissioner Alderete to continue the item for two weeks to allow staff time to rebut the issues that were raised by the applicant during public testimony. This motion also failed by a vote of 2:4 (Commissioners Alderete and Gartner in favor; Commissioners Acosta, Mill, Nalle and Turner opposed). Pursuant to the Planning Commission's bylaws, the applicant has requested the project be forwarded to the City Council for a final decision. AIRPORT LAND USE COMMISSION ACTION In accordance with State law, the zoning ordinance amendment and the project's close proximity to the John Wayne Airport requires the project to be submitted to the Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan ( AELUP) for John Wayne Airport. The project received FAA clearance on January 26, 2012 with Aeronautical Study No.2012 -AWP- 393 -OE. At the regular meeting of the ALUC for Orange County on February 16, 2012, the Commission found that the proposed Met at South Coast Multi - Family project located at 200 First American Way consistent with the AELUP for JWA and that the project was consistent with the AELUP for Heliports. With the determination, the Commission requested and the applicant and City staff agreed to the following conditions: In accordance with California Business and Professions Code section 11010(b)(13), the Final Tract Map and the Deed Disclosure Notice for residential property shall include the following language: "NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you." 75A -2