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HomeMy WebLinkAboutREVISED EXHIBIT 1 REVISED LS 10.16.20 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY’S INTENTION TO FIND THAT THE CITY OF SANTA ANA COMPREHENSIVE GENERAL PLAN UPDATE, GOLDEN CITY BEYOND (2045) IS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTIC ACT AND TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED GENERAL PLAN UPDATE IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City has prepared a comprehensive update to its existing General Plan. The “Golden City Beyond: A Shared Vision” General Plan will guide the City’s development and conservation for the next 25 years through 2045. The update will provide long-term policy direction and communicate the vision, values, and goals for the City’s physical development, fiscal and environmental sustainability, and overall quality of life. The new General Plan will serve to identify areas of opportunity and provide options to enhance development potential in key areas of the City while ensuring the City’s compliance with recent State laws. The new General Plan will also reflect updates to current conditions and input from the general public, City staff, and other stakeholders. B. Because the Project is an update to the City’s General Plan, 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, 2020, the ALUC found the proposed Project to be inconsistent with the AELUP. Resolution No. 2020-xx Page 1 of 3 REVISED 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 Sections 21670, 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 the ALUC and the State Division of Aeronautics (“Caltrans”) a copy of the proposed decision to overrule along with supportive findings. The ALUC and Caltrans may provide written comments to the City Council within 30 days of receiving the proposed decision and findings. If comments by the ALUC or Caltrans are not available within this time limit, the City Council may act without them. The comments by ALUC and Caltrans are advisory to the City Council. Should comments be received from the ALUC or Caltrans, the City Council must include such comments 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. The Council's adoption of this resolution is procedural and does not constitute the proposed project's approval nor does it predispose the City's future action on the project or the decision to overrule or not. Section 2. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. The proposed project will be independently reviewed and evaluated pursuant to CEQA. Environmental Impact Report No. 2020-03 (SCH No. 2020020987) has been prepared for the project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment, at a future hearing date. Section 3. The City Council directs staff to forward a letter to the ALUC and Caltrans, indicating the City of Santa Ana’s intent to overrule the ALUC’s determination that the Project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 4. The City Council directs staff to forward this resolution and the City’s Proposed Findings of Fact (attached hereto as Exhibit A) to the ALUC and Caltrans, in support of the City’s intent to overrule the ALUC’s determination that the Proposed Project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Resolution No. 2020-xx Page 2 of 3 REVISED Section 5. This resolution was approved, passed and adopted at a special meeting th of the City Council of the City of Santa Ana, held on the 16 day of October, 2020. th ADOPTED this 16 day of October, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa E. Storck Assistant City Attorney AYES: Councilmembers_______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers_______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2020. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana Resolution No. 2020-xx Page 3 of 3