2020-051 - Overruling the Orange County Airport Land Use

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pursuant to AELUP Sections 1.2 and 2.1.4, and Public Utilities Code Section 21674. These sections empower the ALUC "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 "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." D. As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC decision with a two-thirds vote of the City Council, if the City of Santa Ana makes specific findings that the proposed project is consistent with the purposes of Public Utilities Code Section 21676 and 21676.5. At least 45 days prior to the decision to overrule ALUC, the governing body shall provide ALUC and the State Division of Aeronautics a copy of the proposed decision to overrule along with supportive findings. ALUC may provide comments to the City Council within 30 days of receiving the proposed decision and findings. If ALUC's comments are not available within this time limit, the City Council may act without them. Should comments be received, the City Council must include the comments from ALUC in the public record of any final decision to overrule ALUC. This decision shall be determined at a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Section 21670. E. Staff is hereby directed to conduct further studies as necessary in order to draft and provide notice of the findings in support of the overrule. The 45- day period will begin after staff has forwarded the intent to overrule along with the supportive findings. F. The Council's adoption of this resolution is procedural and does not constitute the proposed project's approval nor does it predispose the City's future action on the project or the decision to overrule or not. G. Should the Council adopt this resolution directing staff to conduct further studies as necessary in order to make the findings in support of the overrule, a public hearing will be required for Council consideration of the, final environmental impact report, and the GPA and AA applications. Section 2. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. The proposed project will be independently reviewed and evaluated pursuant to CEQA. Environmental Impact Report No. 2020-01 (SCH No. 2019080011) has been prepared for the project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment and amendment application (zone change), at a future hearing date. Resolution No. 2020-051 Page 2 of 4