2016-013 - Heritage Mixed Use Development Project

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EXHIBIT A FURTHER FINDINGS A. It is in the public interest to: provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Public Utilities Code Section 21669 and to prevent the creation of new noise and safety problems. 1. To provide for the orderly development of John Wayne Airport (JWA) and the area surrounding the airport, the Airport Land Use Commission (ALUC) adopted the 2008 Airport Environs Land Use Plan (AELUP) on April 17, 2008. The AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). 2. On October 15, 2015, the City of Santa Ana presented The Heritage, a mixed -use residential and commercial development to the ALUC for a determination of consistency with the Airport's AELUP. The ALUC staff report dated October 15, 2015, states that based on staff's review of the proposed Project with respect to compliance with the AELUP, including review of appropriate height restrictions, imaginary surfaces, safety zones and environmental compliance, the proposed Project may be found inconsistent with the AELUP. 3. The Project is consistent with the AELUP for the following reasons: a. Lack of evidence of inconsistency by the ALUC There was no evidence presented by or to the ALUC at its hearing of October 15, 2015, to support its finding of inconsistency, nor was there a request to provide supplemental information such as an aeronautical study. The letter submitted to the City on October 16, 2015 by the ALUC staff states only "The Commission is charged by PUC Section 21674(a) to assist local agencies in ensuring compatible land uses in the vicinity of ... existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses." Further, the letter stated that "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." b. The residential and commercial land uses under the proposed project are consistent with the noise standards of the AELUP: The proposed project is not completely located within the JWA Master Plan 60 or 65 Resolution No. 2016 -013 Page 6 of 8