55C - RESO - NOTICE OF INTENT 2001 E DYER RD

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 3, 2015 TITLE: NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY FOR THE HERITAGE MIXED -USE DEVELOPMENT PROJECT AT 2001 EAST DYER ROAD (STRATEGIC PLAN NO. 3, 2) ' !s 'ue CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _••:• 0. ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's intention to overrule the Airport Land Use Commission's determination that the proposed Heritage Mixed -Use Development project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan and direct staff to prepare findings in support of the overrule and submit the findings to the Airport Land Use Commission. BACKGROUND Pursuant to California Public Utilities Code Section 21676.b, on a two - thirds vote, the City Council may adopt a resolution that provides notification of their intent to overrule the Orange County Airport Land Use Commission's (ALUC) determination that The Heritage project is inconsistent with the John Wayne Airport Environs Land Use Plan (AELUP). DISCUSSION The project proponent Dyer 18 LLC, is proposing to construct a mixed -use residential, commercial, and office development located at 2001 East Dyer Road, at the northwest corner of Dyer Road and Red Hill Avenue. Three mixed -use five -story buildings are being proposed that would provide 1,221 apartment homes, parking, 12,675 square feet of retail commercial space, 5,415 square feet of restaurant space, and 58,000 square feet of office space. On October 15, 2015, the ALUC found The Heritage Mixed -Use Project Inconsistent with the AELUP for JWA per AELUP. Sections 1.2 and 2.1.4 of the AELUP, and PUC Section 21674 state that the commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." 55C -1