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Item 30 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update
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Item 30 - EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update
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Agenda Packet
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Clerk of the Council
Item #
30
Date
4/19/2022
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<br />Resolution No. 2022-XXX <br />Page 6 of 11 <br /> <br />C. The ALUC is required to use the California Airport Land Use Planning Handbook <br />(“Handbook”) that was updated by the California Department of Transportation, Division <br />of Aeronautics (“Caltrans”) in 2011. Neither the JWA AELUP nor the Heliports AELUP <br />have been updated to incorporate the Handbook’s guidance. Likewise, the JWA AELUP <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 <br />by 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 JWA AELUP and Heliports AELUP. <br />E. The ALUC staff report dated October 15, 2020 (“Staff Report”) recommends that the <br />ALUC find the Project inconsistent with the JWA AELUP per Sections 1.2, 2.4.1, and <br />3.2.1 of the JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft “noise <br />and safety issues” relative to the allowed placement of residential units “within the flight <br />corridor” in the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height <br />issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard <br />and Sunflower 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 <br />territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is <br />acknowledged in State law (PUC §§ 21670, 21676) and the ALUC process (JWA <br />AELUP § 4.11) allowing 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- <br />thirds vote of the City Council if it makes specific findings that the Project is consistent <br />with the 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
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