2020-078 - Notifying the Orange County Airport Land Use Commission

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C. At a duly noticed public hearing on October 15, 2020, the ALUC found the proposed Project to be inconsistent with the AELUP. 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 Sections 21670, 21676, and 21676.5. This two-step procedure requires the City Council to conduct two public meetings. At least 45 days prior to the decision to overrule ALUC, the governing body shall provide the ALUC and the State Division of Aeronautics ("Caltrans") a copy of the proposed decision to overrule along with supportive findings. The ALUC and Caltrans may provide written comments to the City Council within 30 days of receiving the proposed decision and findings. If comments by the ALUC or Caltrans are not available within this time limit, the City Council may act without them. The comments by ALUC and Caltrans are advisory to the City Council. Should comments be received from the ALUC or Caltrans, the City Council must include such comments in the public record of any final decision to overrule ALUC. The second meeting shall be 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. 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. 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. 2020-03 (SCH No. 2020020987) 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, at a future hearing date. Section 3. The City Council directs staff to forward a letter to the ALUC and Caltrans, indicating the City of Santa Ana's intent to overrule the ALUC's determination that the Project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 4. The City Council directs staff to forward this resolution and the City's Proposed Findings of Fact (attached hereto as Exhibit A) to the ALUC and Caltrans, in support of the City's intent to overrule the ALUC's determination that the Proposed Project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Resolution No. 2020-078 Page 2 of 10