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REVISED EXHIBIT 2 <br />has not been updated with information about the operation and environmental effects of <br />JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by <br />the Orange County Board of Supervisors on June 25, 2019 for the General Aviation <br />Improvement Program ("GAIP"). <br />D. On September 17, 2020, the City of Santa Ana presented the Project to the ALUC for a <br />determination of consistency with the JWAAELUP and Heliports AELUP. <br />E. The ALUC staff report dated October 15, 2020 ("Staff Report") recommends that the ALUC <br />find the Project inconsistent with the JWAAELUP per Sections 1.2, 2.4.1, and 3.2.1 of the <br />JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft "noise and safety <br />issues" relative to the allowed placement of residential units "within the flight corridor" in <br />the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height issues in a portion <br />of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower <br />Avenue). <br />F. The ALUC Staff Report recommends that the ALUC find the Project consistent with the <br />Heliports AELUP, with the condition that the City include a statement in the General Plan <br />Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the <br />City be submitted through the City to ALUC for a consistency determination. <br />G. On October 15, 2020, the ALUC held a public hearing and adopted a resolution finding <br />the Project inconsistent with the JWA AELUP for the stated reasons set forth in the Staff <br />Report, and further finding the Project consistent with the Heliports AELUP on the <br />condition set forth in the Staff Report. <br />H. The City of Santa Ana has the general police power to control land use within its territorial <br />jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in <br />State law (PUC §§ 21670, 21676) and the ALUC process (JWA AELUP § 4.11) allowing <br />for overrule of an ALUC finding of inconsistency. <br />I. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two-thirds <br />vote of the City Council if it makes specific findings that the Project is consistent with the <br />purposes of the State Aeronautics Act, as stated in PUC Section 21670. <br />J. The City finds that the Project is consistent with the JWA AELUP and with the purposes <br />of the State Aeronautics Act based on the following Findings of Fact and substantial <br />evidence. <br />III. FINDINGS OF FACT <br />A. General Plan Update. The Project encompasses the entire City of Santa Ana. The <br />General Plan Update set forth in the Project will change zoning and land use within five <br />(5) geographic Focus Areas within the City. The comments in ALUC's Staff Report and <br />ALUC's determination of inconsistency refer only to changes in land use within these <br />five (5) Focus Areas. <br />1. The vast majority of the Project falls outside of the JWA AELUP planning area, which <br />is defined in Section 1.7 of the JWA AELUP as "the furthest extent of the 60 CNEL <br />Contour, the FAR Part 77 Notification Surface and the runway safety zones associated <br />with the airport." <br />Page 2 of 7 <br />