2016-013 - Heritage Mixed Use Development Project

Home Browse Search

action is inconsistent with the AELUP, the local agency may, after a public hearing, propose to overrule the Commission by a two - thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes set forth in section 21670 of the Public Utilities Code. 3. Public Utilities Code § 21676(b) also requires that a public agency making a decision to overrule shall give notice to the California Department of Transportation, Aviation Division, and ALUC at least 45 days prior to the final decision to overrule. After that notification, the ALUC and Caltrans have 30 days from the receipt of the proposed decision to send advisory comments. C. Actions Taken To Date 1. On October 12, 2015, the City's Planning Commission met and recommended approval of the project with certain conditions. 2. On October 15, 2015, the ALUC met and reviewed the proposed amendments to the General Plan and Zoning Code and determined that those changes would be inconsistent with the standards set forth in the AELUP after having evaluated the project for conflicts with respect to aircraft noise, building heights, flight tracks, safety zones and development of heliports, thus giving rise to the City Council's notice of intent to overrule. 3. On November 3, 2015, the City Council of the City of Santa Ana met and (1) approved issuing a Notice of Intent to overrule; and (2) determined to give notice to the ALUC of its decision to overrule as required by Public Utilities Code § 21676(b). 4. On December 16, 2015, the City gave proper notice to the ALUC of its intention to overrule the ALUC's October 15, 2015 determination of inconsistency. 5. On January 15, 2016, the City received a comment letter from the ALUC on the overrule findings. The letter affirmed earlier comments from the ALUC and their staff stating that residential uses under an aircraft approach centerline for the airport would not coexist with the overflight of aircraft and that noise complaints would be generated from affected residents. As of this date no comments have been received from Caltrans. Section 2. The City Council of the City of Santa Ana hereby makes the following findings to overrule the Orange County ALUC's determination that the Heritage Mixed Use Development Project is inconsistent with the Orange County AELUP. FINDINGS: A. Based on the ALUC's evaluation, relevant sections of the City's General Plan, and other applicable ordinances and regulations, the City Council of the City of Santa Ana hereby finds and determines that the proposed project does not create new Resolution No. 2016 -013 Page 3 of 8