Laserfiche WebLink
City of Santa Ana – The Bowery <br />May 11, 2020 <br />Page 27 of 28 <br />standards for land use and development density. (87 Ops. Cal. Atty. Gen. 102 (2004).) <br />However, Cal. P.U.C. §21676 provides a procedure for resolving such conflicts. All <br />general or specific plans, zoning ordinances, building regulations, or modifications that <br />purport to affect land within the planning boundaries of an ALUC must be submitted <br />by the city, county, or regional authority proposing the action to review by the ALUC. <br />If the ALUC finds that there is an inconsistency between its ALUCP and the proposed <br />regulation, the ALUC must notify the local agency of its determination. The local <br />agency must then hold a public hearing on the matter and may override the <br />determination of the ALUC only by a two-thirds vote of its legislative body and after <br />specified findings are made. (Gov. Code §65302.3; Cal. P.U.C. §21676.) <br />The proposed Project is a mere 2.2 miles southwest of John Wayne Airport (JWA) and <br />within its planning area boundaries. If any part of the Project conflicts with JWA’s <br />Airport Environs Land Use Plan (AELUP; hereafter “JWA AELUP”), the City shall <br />seek review to obtain approval. Here, the proposed change in land use is inconsistent <br />with the JWA AELUP. The record does not contain substantial evidence that future <br />residents would not be adversely affected by aircraft noise. (DEIR at 5.9-22.) Policy <br />3.2.1 under the JWA AELUP finds an inconsistency with any proposed land use that <br />will put residents in a position “so that they are affected adversely by aircraft noise.”6 <br />An adverse noise impact under the JWA AELUP is defined under a “reasonable <br />person” standard found in the Noise Standards for California Airports. <br />The DEIR concludes that there would be no adverse impact as a result of aircraft <br />noise, but not as a result of any field study the Applicant or City performed on the site. <br />This conclusion is based solely on the fact that the site is “located outside the airport’s <br />60 CNEL contours.” (DEIR at 5.7-26; Noise Impact Analysis at 1.) As the DEIR <br />admits, residential land uses are only “normally consistent” with areas just beyond 60 <br />CNEL contours. The Orange County Airport Land Use Commission also strongly <br />recommended in its NOP comments that no residential units should be built on the <br />proposed Project site, or at least a significantly reduced number to adequately mitigate <br />the noise impacts. (DEIR at 5.9-3.) This indicates further information is needed to <br />assess the actual decibel level on-site and whether that meets a reasonable person <br />standard as defined in the Noise Standards for California Airports. <br /> <br />6 JWA AELUP, p. 21, available at <br />http://www.ocair.com/commissions/aluc/docs/jwa_aelup-april-17-2008.pdf.