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D. Approvals Contemplated The Addendum will require approval by the City of Santa Ana Planning Commission and the City Council. In taking action on the Addendum the City, as Lead Agency, must consider the whole of the data presented in the MacArthur Place South Final EIR and this Addendum to the EIR. The proposed hotel will undergo site plan review and will require a limited ABC license for a beer and wine bar and special event activities. Future Requirement for Determination of No Hazard The relocation of the previously approved Cinema Tower will require a new request to the Federal Aviation Administration (FAA) for a determination of No Hazard to Air Navigation. A Determination of No Hazard is issued by the FAA if it is determined that the proposed project does not have a substantial physical or electromagnetic interference effect upon navigable airspace or air navigation facilities. The original FAA Determination was issued on September 1, 2004 and expired on March 1, 2006. The Determination was based on a building location (33° 41' 55.807" latitude; 117° 51' 57.727" longitude) in approximately the same footprint as now proposed. Subsequent to the first Determination, the project proponent relocated the building 174' to the north (33° 41' 57.496" latitude; 117° 51' 57.701" longitude) and applied for a No Hazard Determination based on that location. In May 2005, the FAA issued four Determinations of No Hazard for the four corners of the relocated building. The Determinations expired on November 8, 2006. A new request will be submitted to the FAA once a construction schedule has been established for the Cinema Tower. On February 17, 2005 the Airport Land Use Commission (ALUC) chose to treat the absence of the Determination of No Hazard as an impairment of their review and voted that the project was not consistent with AELUP. At a June 16, 2005 meeting, the ALUC staff requested and the Commission agreed to find the project conditionally consistent with the AELUP and incorporated the new FAA Determinations into its decision. In June 2005, when the EIR was certified, the City of Santa Ana was inconsistent with respect to the AELUP for John Wayne Airport. On December 18, 2008, the ALUC approved the City's General Plan Airport Environs Element and deemed the City consistent. MacArthur Place South D ~~~~ EIR Addendum a 23 75B-62