75A - PH - EIR THE HERITAGE 2001 E DYER

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EIH No, 2015 -01, AA No, 2014 -04, OPA No. 2015.03, DA No, 2015 -03 & VTTM No. 2015 -03 -- The Heritage Mixed -Use Development Project February 2, 2016 Page 2 Development Agreement to reflect this language. Additionally the Planning Commission recommended that the public Improvements exhibit presented to the Commission at the hearing be added to the Development Agreement (Exhibit A). The entitlements are being requested for The Heritage, a three- phased, mixed -use residential and commercial development proposed on the 18.8 -acre subject site. The applicant is proposing a development that would include 1,221 apartment homes, 12,675 square feet of retail commercial space and 5,415 square feet of restaurant space. In addition, the existing 366,000 - square -foot industrial building would be partially demolished, with 56,000 square feet of the building to remain and serve as office space for an existing tenant as well as future office uses. A total of 2,333 surface and structure parking spaces are proposed for the entire development. The sizes of the units will vary from 600 square feet for the studio unit to 1,441 square feet for the largest three bedroom unit, The architectural style proposed for this project is contemporary In nature, with the overall design Intended to Integrate the buildings, public spacers, and green spaces of the project Into a cohesive development. A wide menu of recreational amenities Is planned for the overall development, including a 1,26 -core central park with an outdoor theatre, public art/sculptures, a playground and walking paths that would connect to the open spaces along the northern and eastern boundaries of the project site. Courtyards, roof terraces, and plazas are also open space elements to be located within each phase, Half -sized colored plans are available for public viewing In the Clerk of the Council {office. DISCUSSION On October 12, 2015, the Planning Commission held a public hearing on The Heritage and recommended that the Council approve the project, which is a request by Dyer 18 LLC to construct a mixed -use residential, commercial and office project. Since the Planning Commission's action, minor amendments have been made to the development agreement. These include; changing the name of the owner to Heritage Village OC; modifying the Term of the agreement from 5 years with a 5 -year extension at the discretion of the Executive Director to 6 years with an automatic 3 year extension provided the first two phases have been deemed complete; requiring staff level design review during the 3 -year extension period and requiring the recordation of an avigation easement on the property, The evigation easement Is. intended to prevent claims, actions or lawsuits for nuisance or interference with the use of the property such as noise, sound, vibration, dust or other environmental effects related to aircraft operations. Staff is recommending that the City Council approve these modifications as part of the action on the development agreement, 6_irport Land Woo Commission The Heritage development was required to be reviewed by the Airport fund Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) per Section 21676(b) of the California Public Utilities Code due to the applicant's request to rezone the property and amend the general plan land use designation of the site. in late September, staff 75A -2