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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />NOVEMBER 3, 2015 <br />TITLE: <br />NOTICE OF INTENT TO OVERRULE THE <br />AIRPORT LAND USE COMMISSION'S <br />DETERMINATION OF INCONSISTENCY <br />FOR THE HERITAGE MIXED-USE <br />DEVELOPMENT PROJECT AT <br />2001 EAST DYER ROAD (STRATEGIC <br />PLAN NO. 3, 2) <br />Alli '�i�/_1IFx <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on ls' Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution notifying the Orange County Airport Land Use Commission and the State <br />Division of Aeronautics of the City's intention to overrule the Airport Land Use Commission's <br />determination that the proposed Heritage Mixed -Use Development project is inconsistent with <br />the 2008 John Wayne Airport Environs Land Use Plan and direct staff to prepare findings in <br />support of the overrule and submit the findings to the Airport Land Use Commission. <br />BACKGROUND <br />Pursuant to California Public Utilities Code Section 21676.b, on a two-thirds vote, the City <br />Council may adopt a resolution that provides notification of their intent to overrule the Orange <br />County Airport Land Use Commission's (ALUC) determination that The Heritage project is <br />inconsistent with the John Wayne Airport Environs Land Use Plan (AELUP). <br />DISCUSSION <br />The project proponent Dyer 18 LLC, is proposing to construct a mixed-use residential, <br />commercial, and office development located at 2001 East Dyer Road, at the northwest corner of <br />Dyer Road and Red Hill Avenue. Three mixed-use five -story buildings are being proposed that <br />would provide 1,221 apartment homes, parking, 12,675 square feet of retail commercial space, <br />5,415 square feet of restaurant space, and 58,000 square feet of office space. <br />On October 15, 2015, the ALUC found The Heritage Mixed -Use Project Inconsistent with the <br />AELUP for JWA per AELUP. Sections 1.2 and 2.1.4 of the AELUP, and PUC Section 21674 <br />state that the commission is charged by PUC Section 21674(a) "to assist local agencies in <br />ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the <br />vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) <br />"to coordinate planning at the state, regional and local levels so as to provide for the orderly <br />development of air transportation, while at the same time protecting the public health, safety and <br />welfare." <br />55C-1 <br />