55C - RESO - NOTICE OF INTENT 2001 E DYER RD

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Heritage Mixed -Use Development Project November 3, 2015 Page 2 As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in Public Utilities Code Sections 21676 and 21676.5. The initial step is to notify ALUC and State Division of Aeronautics of the City's intention to override the ALUC's determination by adopting a resolution of intent at least 45 days in advance of the overruling. In turn, ALUC may provide comments to the City Council within 30 days of receiving the resolution of intention. If ALUC's comments are not available within this time limit, the City Council may act without them. The comments by ALUC are advisory to the City Council. However, should comments be received, the City Council must include comments from ALUC in the public record of any final decision to overrule ALUC. The City Council meeting is to make specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Sections 21670, 21676(b) and 21676.5. The Council's adoption of the notification resolution does not constitute the project's approval nor does it predispose the City's future action on the project. On October 12, 2015 the City of Santa Ana Planning Commission reviewed and recommended that the City Council approve the project. Should the City Council desire to proceed with the overruling of the ALUC's decision, a draft resolution of intent with specific findings will need to be prepared for consideration. The protect, as proposed, is consistent with the noise, safety, and height standards of the AELUP. The EIR also concluded that that the project is consistent with the AELUP. Overriding the ALUC decision does not affect the City's status as a consistent agency. The City will not lose its consistency status by completing the override process. Please note that the override process will result in the airport operator's immunity from liability once a public agency overrides a determination of inconsistency. However, the City will not bear any liability from completing the overrule process. Approval of this resolution will not commence the 45-day comment period for the project. Such period shall commence once staff has prepared supportive findings and has forwarded them to the ALUC. CEQA Compliance The City Council finds that the adoption of this Resolution is not subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 55C -2