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11D - 2ND READ ORD - BOWERY
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11D - 2ND READ ORD - BOWERY
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Last modified
8/27/2020 5:30:02 PM
Creation date
8/27/2020 5:28:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11D
Date
9/1/2020
Destruction Year
2025
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the 2008 JWA AFLUP by a 6-0 vote. ALUC's findings were made pursuant to <br />AELUP Sections 1.2 and 2.1.4, and PUC Section 216749(a). These sections <br />empower the ALUC "to assist local agencies in ensuring compatible land uses in <br />the vicinity of existing airports to the extent that the land in the vicinity of those <br />airports is not already devoted to incompatible uses," and "to coordinate planning <br />at the state, regional and local levels so as to provide for the orderly development <br />of air transportation, while at the same time protecting the public health, safety <br />and welfare". <br />E. On May 26, 2020, the Planning Commission held a duly noticed public hearing <br />on the entitlements for the project. Prior to the Planning Commission taking <br />action on the item, staff provided a verbal update informing the Commission <br />regarding ALUC's determination made on May 21, 2020, after the publication of <br />the staff report to the Commission, that the project was inconsistent with the <br />Airport Environs Land Use Plans [AELUP]. Following staffs presentation, and <br />holding the public hearing, the Planning Commission voted 5:1:1 to recommend <br />that the City Council approve the required entitlements and environmental <br />documentation for the proposed Project. <br />F. Pursuant to PUC Section 21676(b), the City may, after a public hearing, propose <br />to overrule the commission by a two-thirds vote of its governing body if it makes <br />specific findings that the proposed action is consistent with the purposes of <br />Article 3.5 Airport Land Use Commission of the PUC. At least 45 days prior to <br />the decision to overrule the ALUC, the local agency governing body shall provide <br />the ALUC and the State Division of Aeronautics a copy of the proposed decision <br />and findings. The commission and the Division of Aeronautics may provide <br />comments to the local agency governing body within 30 days of receiving the <br />proposed decision and findings. If the ALUC and State Division of Aeronautics <br />comments are not available within this time limit, the local agency governing <br />body may act without them. Should comments be received, the City Council must <br />include the comments from the ALUC in the public record of any final decision to <br />overrule the ALUC. This decision shall be determined at a public hearing to make <br />the specific findings that the proposed overruling is consistent with the purposes <br />stated in PUC Section 21670. <br />G. On June 16, 2020, the City Council of the City of Santa Ana adopted a resolution <br />(Resolution No. 2020-051) authorizing the Planning Division to initiate the <br />preparation and drafting of findings and determination overruling the Orange <br />County ALIJC's determination of inconsistency associated with the proposed <br />Project and to provide notice in accordance with PUC Section 21676(b) to the <br />ALUC and the State Division of Aeronautics. <br />H. On June 30, 20202 the Planning Division of the City of Santa Ana provided a <br />Notice of Intent to overrule the Orange County ALUC's determination that the <br />Project is inconsistent with the AELUP of JWA and findings to the ALUC and the <br />State Division of Aeronautics. <br />11 D-27 <br />
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