2022-031 - The Orange County Airport Land Use

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implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports ("Heliports AELUP") on June 19, 2008. C. The ALUC is required to use the California Airport Land Use Planning Handbook ("Handbook") that was updated by the California Department of Transportation, Division of Aeronautics ("Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP has not been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Program ("GAIP"). D. On September 17, 2020, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP and Heliports AELUP. E. The ALUC staff report dated October 15, 2020 ("Staff Report") recommends that the ALUC find the Project inconsistent with the JWA AELUP per Sections 1.2, 2.4.1, and 3.2.1 of the JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft "noise and safety issues" relative to the allowed placement of residential units "within the flight corridor" in the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower Avenue). F. The ALUC Staff Report recommends that the ALUC find the Project consistent with the Heliports AELUP, with the condition that the City include a statement in the General Plan Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the City be submitted through the City to ALUC for a consistency determination. G. On October 15, 2020, the ALUC held a public hearing and adopted a resolution finding the Project inconsistent with the JWA AELUP for the stated reasons set forth in the Staff Report, and further finding the Project consistent with the Heliports AELUP on the condition set forth in the Staff Report. H. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21670, 21676) and the ALUC process (JWA AELUP § 4.11) allowing for overrule of an ALUC finding of inconsistency. I. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two- thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act, as stated in PUC Section 21670. J. The City finds that the Project is consistent with the JWA AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. III. FINDINGS OF FACT A. General Plan Update. The Project encompasses the entire City of Santa Ana. The General Plan Update set forth in the Project will change zoning and land use within five Resolution No. 2022-031 Page 6 of 11