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

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Applicant and the City of Santa Ana describing development rights and public benefits, pursuant to Government Code Sections 65864 through 65869,5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. 5. Environmental Impact Report. An environmental impact report (EIR) to evaluate the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). B. Public Utilities Code Section 21676(b) requires the City of Santa Ana to refer the proposed project to the Orange County Airport Land Use Commission (ALUC) for consistency with the 2008 John Wayne Airport Environs Land Use Plan (AELUP). C. At a duly noticed public hearing on October 15, 2015, the ALUC found the proposed project to be inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (AELUP) on a 5 -1 vote. D. As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC decision with a two - thirds vote of the City Council, if the City of Santa Ana makes specific findings that the proposed project is consistent with the purposes of Public Utilities Code Section 21676 and 21676.5. This two -step procedure requires the City Council to conduct two public meetings. At least 45 days prior to the decision to overrule ALUC, the governing body shall provide ALUC and the State Division of Aeronautics a copy of the proposed decision to overrule along with supportive findings. ALUC may provide comments to the City Council within 30 days of receiving the proposed decision and findings. If ALUC's comments are not available within this time limit, the City Council may act without them. Should comments be received, the City Council must include the comments from ALUC in the public record of any final decision to overrule ALUC. The second meeting shall be a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Section 21670. E. Staff is directed to conduct further studies as necessary, if any, in order to make the findings in support of the overrule. The 45 day period will begin after staff has forwarded the intent to overrule along with the supportive findings. Resolution No, 2015 -XXX Page 2 of 4 55C -6