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WHEREAS, pursuant to Public Utilities Code section 21676(b), the City may
<br />overrule the ALUC by a two-thirds vote of the City Council if it makes specific findings
<br />that the project is consistent with the purpose of the State Aeronautics Act; and
<br />WHEREAS, pursuant to Public Utilities Code section 21676(b), on October 16,
<br />2020, with the requisite 45-day notice, the Santa Ana City Council adopted a resolution
<br />of intent to overrule the determination of inconsistency by the ALUC, Resolution No.
<br />2020-078, and provided the ALUC with notice thereof, including proposed findings; and
<br />WHEREAS, by letter dated November 12, 2020, and in accordance with Public
<br />Utilities Code section 21676, the ALUC submitted written comments to the City
<br />addressing the City's proposed overruling; and
<br />WHEREAS, on November 9, 2020, the Planning Commission conducted a duly
<br />noticed public hearing to consider the Final Program Environmental Report and General
<br />Plan Update, at which the Planning Commission voted not to certify the Final PEIR and
<br />continue work on the General Plan Update to a future date to allow additional time for
<br />outreach to Santa Ana's environmental justice communities and in view of the COVID-
<br />19 pandemic; and
<br />WHEREAS, the Santa Ana General Plan Update subsequently underwent
<br />revisions that were not materially different from what was originally submitted to the
<br />ALUC for review, leaving the Land Use Element unchanged, nor were any new
<br />elements added that include changes within the JWA Planning area; and
<br />WHEREAS, the written comments received from the ALUC have been included
<br />in the public record as required by Public Utilities Code section 21676; and
<br />WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report
<br />was prepared and circulated in accordance with all legal requisites, as a supplemental
<br />analysis to the original Draft PEIR to reflect the updates to the project and based on an
<br />intensive, extended community outreach program conducted by the City between
<br />January and May 2021; and
<br />WHEREAS, on November 8, 2021, the Planning Commission conducted a duly
<br />noticed public hearing to consider the Final Recirculated PEIR and General Plan
<br />Update. After hearing all relevant testimony from staff, the public, and the City's
<br />consultant team, the Planning Commission voted to recommend that the City Council
<br />certify the Final Recirculated PEIR, adopt the findings of fact, the statement of
<br />overriding considerations, and the mitigation monitoring and reporting program, and
<br />approve the project; and
<br />WHEREAS, on December 7, 2021, the City Council held a duly noticed public
<br />hearing to consider the Final Recirculated PEIR, General Plan Update, and the
<br />proposed overruling of the determination of inconsistency by the ALUC, which
<br />hearing was successively continued to City Council meetings on December 21, 2021,
<br />January 18, 2022, and February 15, 2022, respectively; and
<br />Resolution No. 2022-031
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