2024-054 - Overruling The Orange County Airport Land Use Commission’s Determination that the Proposed Related Bristol Specific Plan is Inconsistent

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I. The ALUC staff report for that hearing recommended that the ALUC find the proposed Project consistent with AELUP issues of aircraft noise, flight tracks and safety, and heliports. The staff report noted that with regard to AELUP issues of height restrictions, the Project is inconsistent per Section 3.2.1 of the AELUP, which states that "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which... permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permit activities or facilities that would affect adversely aeronautical operations." The proposed Project would allow buildings up to 25 stories and/or 285 feet, which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. J. On July 20, 2023, the ALUC held a public hearing and, by unanimous vote, adopted a resolution finding the Project inconsistent with the AELUP for the stated reasons set forth in the staff report. K. 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. §§ 21676, 21676.5) and the ALUC process allowing for overrule of an ALUC finding of inconsistency. L. 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. M. The City finds that the Project is consistent with the AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. 111. FINDINGS of FACT A. Related Bristol Specific Plan Project. The Project consists of a specific plan for a 42-acre site to allow up to 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space. The Project requires discretionary approval of a tentative tract map, amendment application (zone change) for a specific plan, development agreement, and inclusionary housing plan. The specific plan contains permissive uses and development standards, but does not specify exact locations and heights of each implementing development that falls within the scope of the specific plan. B. The comments in ALUC's staff report and ALUC's determination of inconsistency found the Project inconsistent with AELUP for JWA per Section 3.2.1 because the Project would allow buildings up to 25 stories and/or 285 feet which would penetrate the FAR Part77 Horizontal Obstruction Imaginary Surface for JWA. Resolution No. 2024-054