75A - PH - EIR THE HERITAGE 2001 E DYER

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EIR No. 2015 -01, AA No, 2014 -04, GPA No. 2015 -03, DA No. 2015 -03 & VTTM No. 2015-03 — The Heritage Mixed -Use Development Project February 2, 2016 Page 3 formally requested that the item be placed on the October ALUC agenda, On October 15, 2015, the ALUC held a public hearing on the project. At the conclusion of the hearing, which included public testimony and commission discussion, the ALUC found the project to be inconsistent with the AELUP (Exhibit B). In response, staff requested approval from the City Council to prepare findings of overruie and to forward the findings to the ALUC upon their completion, which the Council granted on November 3, 2015. Public Utilities Code Section 21676 permits the City Council, by a 213 vote, to overrule the ALUC's determination if it finds that the proposed project is consistent with the purposes of the State Aeronautics Act, The Act states; "It is In the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards... and to prevent the creation of new noise and safety problems." To assist in the preparation of the overrule findings, the City secured the expertise of Barbara E. Lichman, Ph.D., Chair of the Aviation, Airports and Transportation Practice Group of the firm Buchalter Nemer. Dr. Lichman, in cooperation with staff from the City Attorney's Office and Planning Division, have prepared findings of overrule for the project. As required by Public Utilities Code Section 21676, the City sent the proposed findings to the ALUC and to the Caltrans Division of Aeronautics on December 16, 2015, 45 days before City Council action. The ALUC then had 30 days to respond to the City findings. On January 15, 2016, the City received a comment letter from the ALUC on the overrule findings (Exhibit C). The letter affirmed earlier comments from the ALUC and their staff stating that residential uses under an aircraft approach centerline for the airport would not coexist with the overflight of aircraft and that noise complaints would be generated from affected residents, As of late January, no comments have been received from Caltrans. The Federal Aviation Administration (FAA) has also reviewed the project for consistency with their requirements and standards, The FAA has confirmed that the project would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities (Exhibit D). Based on staffs review, the Heritage development project will not adversely impact the operations of the airport, the future development plans that exist for the airport, the approaches to airport runways, create noise concerns, or create public health, safety or welfare concerns. Additionally, the project falls within a level of acceptable risk considered to be a community norm. As part of the modifications to the development agreement, the applicant has agreed to record an avigation easement on the development. As mentioned earlier In the report, the easement is intended to prevent claims, actions or lawsuits for nuisance or interference with the use of the property such as noise, mound, vibration, dust or other environmental effects related to aircraft. The City will be the benefitted party in the avigation easement, which can be assigned by the City to a third party, 75A -3