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City of sans Ana -The 13na,i7' May 11, 2020 Page 27 of 28 standards for land use and development density. (87 Ceps. Cal. Atty. Gen. 102 (2004)) However, Cal. P.U.C. §21676 provides a procedure for resolving such conflicts. All general or specific plans, zoning ordinances, building regulations, or modifications that purport to affect land within the planning boundaries of an ALUC must be submitted by the city, county, or regional authority proposing the action to review by the ALUC If the ALUC finds that there is an inconsistency between its ALUCP and the proposed regulation, tlsu ALUC; must notify the local agency of its delennination.'Me local agency must then hold a public hearing on the matter and may override the determination of the ALUC only by a two-thirds vote of its legislative body and after specified findings are made. (Gov. Code g65302.3; Cal. P.U.C. §21676.) The proposed Project is a mere 2.2 miles southwest of John Wayne Airport QWA) and within its planning area boundaries. If any part of the Project conflicts with JWA's Airport Environs Land Use Plan (ALLUP; hereafter `JWA AELUP"), the City shall seek review to obtain approval- Here, the proposed change in land use is inconsistent with the JWA AELUP. The record does not contain substantial evidence that future residents would not be adversely affected by aircraft noise_ (DF"Ili at 5 9-22.) Policy 3.21 under the JWA AELUP finds an inconsistency with scary proposed land use that will put residents in a position "so that they are affected adversely by aircraft noise."b An adverse noise impact under the JWA AF,I.tJP is defined under a "reasonable person" standard found in the Noise Standards for California Airports. The DEIR concludes that there would be no adverse impact as a result of aircraft noise, but not as a result of any field study the Applicant or City performed on the site. This conclusion is based solely on ilmc fact that the site is `located outside the airport's 60 CNEL contours." (DEIR at 5.7-26; Noise Impact Analysis at 1.) As the DF.IR admits, residential land uses are only "normally consistent" with areas just beyond 60 CNEL contours. The Orange County Airport Land Use Commission also strongly recommended in its NOP comments that no residential units should be built on the proposed Project site, or at least a significantly reduced number to adequately mitigate the noise impacts. (DEIR at 5.9 3.) This indicates further information is needed to assess the actual decibel level on -site and whether that meets a reasonable person standard as defined in the Noise Standards for California Airports. 'JWA AELUP, p_ 21, available at htia:/Jwu^w.ccair.cam�commissions/slur /dots 7jwa aelup-apul-17200%Fddf. 26 75C-147