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Home My WebLink AboutItem 19 - ALUC Overrule – 3600 South Bristol Street Planning and Building Agency santa-ana.org/planning-and-building Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 29, 2023 TOPIC: 3600 South Bristol Street AGENDA TITLE Authorize the Planning Division to Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for a Proposed Mixed-Use Development Project Located on the 41-Acre Site at 3600 South Bristol Street Currently Undergoing Public Review and Entitlements Processing with the City RECOMMENDED ACTION Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with a proposed mixed-use development project on a 41-acre site located at 3600 South Bristol Street and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics. DISCUSSION Pursuant to Public Utility Code (PUC) Section 21676(b), prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the Orange County Airport Land Use Commission (ALUC) pursuant to Sections 21676 and 21676.5 of the PUC for the John Wayne Airport (JWA), the City shall first refer the proposed action to ALUC. If ALUC determines that the proposed action is inconsistent with the John Wayne Airport Environs Land Use Plans (AELUP), the City may, after a public hearing, propose to overrule the Commission by a two-thirds vote of the City Council if it makes specific consistency findings in accordance with PUC Section 21670. Adhering to this procedure, it is standard practice for the City to refer projects governed by PUC section 21676(b) under the AELUP to the ALUC for their review and determination during the project review phase. The City referred the proposed project to ALUC for their review and determination because the project is located within the AELUP. On July 20, 2023, ALUC held a public hearing on the proposed project and found a proposed mixed- use development proposed on a 41-acre site at 3600 South Bristol Street, known as the ALUC Overrule – 3600 South Bristol Street August 29, 2023 Page 2 3 6 8 2 Related Bristol Specific Plan, to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport pursuant to AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674. These sections empower the ALUC "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," and "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." As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. Before the decision to overrule the ALUC’s Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process. The first step in the overrule process is to provide notice to ALUC and the California Department of Transportation (Caltrans) Division of Aeronautics of the City's intention to overrule the ALUC's determination by providing the two agencies with a Notice of Intent at least 45 days in advance of the overruling action by the City Council. In turn, ALUC may provide comments to the City Council within 30 days of receiving the Notice of Intent. 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 second step in the overrule process is to conduct a public hearing through which the City Council needs to make specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670. The City Council's adoption of this resolution is procedural and does not constitute the project's approval nor does it predispose the City's future action on the project or the decision to overrule or not. Following the date of adoption of the resolution, there is no maximum time limit by which the City Council must hold the public hearing on the proposed project and overrule the ALUC’s determination. As a result, the recommendation to approve the resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency does not set forth any required timeframes for future hearing dates and actions. ENVIRONMENTAL IMPACT The requested action 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 ALUC Overrule – 3600 South Bristol Street August 29, 2023 Page 3 3 6 8 2 have a significant effect on the environment. Environmental Impact Report No. 2022-01 (State Clearinghouse No. 2020029087) has been prepared for the proposed project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment and amendment application, at a future hearing date. EXHIBIT(S) 1. Resolution: Authorization to Provide Notice 2. Draft Notice Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manage Resolution No. 2023-XXX Page 1 of 4 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION OF INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXED- USE DEVELOPMENT PROJECT ON A 41-ACRE SITE LOCATED AT 3600 SOUTH BRISTOL STREET AND TO PROVIDE NOTICE IN ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION’S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL 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. On July 20, 2023, the County of Orange Airport Land Use Commission (ALUC) held a public hearing on the above-referenced project and found a proposed mixed-use development proposed on a 41-acre site at 3600 South Bristol Street, known as the Related Bristol Specific Plan, to be inconsistent with the 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport pursuant to AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674. B. Following the July 20, 2023 public hearing, the ALUC found the proposed project to be inconsistent with the 2008 John Wayne Airport Environs Land Use Plan on a 6-0 vote. ALUC’s findings were made pursuant to AELUP Sections 1.2 and 2.1.4, and Public Utilities Code Section 21674. These sections empower the ALUC “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,” and “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.” Resolution No. 2023-XXX Page 2 of 4 C. As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. Before the decision to overrule the ALUC’s Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process. D. At least 45 days prior to any decision to overrule ALUC, the governing body shall provide ALUC and the State Department of Transportation (Caltrans) 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. This decision shall be determined at 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 hereby directed to conduct further studies as necessary in order to draft and provide notice of 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. F. 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 any decision to overrule. G. Should the Council adopt this Resolution directing staff to conduct further studies as necessary in order to make the findings in support of the overrule, a public hearing will be required for Council consideration of the final supplemental environmental impact report, and any associated entitlement applications, for the Related Bristol Specific Plan. Section 2. The City Council finds that the requested action 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. Environmental Impact Report No. 2022-01 (State Clearinghouse No. 2020029087) has been prepared for the proposed project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment and amendment application, at a future hearing date. Resolution No. 2023-XXX Page 3 of 4 Section 3. The City Council directs staff to forward a letter to the Airport Land Use Commission and State Department of Transportation Division of Aeronautics, indicating the City of Santa Ana’s intent to overrule any determination of the Airport Land Use Commission that the proposed Related Bristol Specific Plan is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 4. The City Council directs staff to conduct further studies, as necessary, in order to prepare and forward findings to the Airport Land Use Commission and State Department of Transportation Division of Aeronautics in support of the City’s intent to overrule the Airport Land Use Commission’s determination that the proposed Related Bristol Specific Plan is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this ___ day of _____________ , 2023. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Chief Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ Resolution No. 2023-XXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2023. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana SANTA ANA CITY COUNCIL Valerie Amezcua Mayor vamezcua@santa-ana.org Jessie Lopez Mayor Pro Tem, Ward 3 jessielopez@santa-ana.org Thai Viet Phan Ward 1 tphan@santa-ana.org Benjamin Vazquez Ward 2 bvazquez@santa-ana.org Phil Bacerra Ward 4 pbacerra@santa-ana.org Johnathan Ryan Hernandez Ward 5 jryanhernandez@santa-ana.org David Penaloza Ward 6 dpenaloza@santa-ana.org MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall [Insert Date] Lea U. Choum, Executive Officer Orange County Airport Land Use Commission 3160 Airway Avenue Costa Mesa, CA 92626 RE: NOTICE OF INTENT TO OVERRULE THE DETERMINATION OF INCONSISTENCY FOR THE RELATED BRISTOL SPECIFIC PLAN PROPOSED ON A 41-ACRE SITE LOCATED AT 3600 SOUTH BRISTOL STREET The purpose of this letter is to inform you of the City of Santa Ana’s intention to recommend that the Santa Ana City Council adopt the attached findings to overrule the July 20, 2023 Airport Land Use Commission’s (ALUC) determination of inconsistency for Related Bristol Specific Plan proposed on a 41-acre site located at 3600 South Bristol Street. On August 29, 2023, the Santa Ana City Council 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 California Public Utilities Code (PUC) Section 21676(b). Pursuant to PUC Section 21676, the City hereby respectfully gives proper notice of its intention to overrule and submits the attached findings (attached hereto as Exhibit A) for review. PUC Section 21676(b) requires that a public agency making a decision to overrule shall give notice to the California Department of Transportation (Caltrans), Aeronautics Division, and ALUC at least 45 days prior to the final decision to overrule. After this notification, the ALUC and Caltrans have 30 days from the receipt of this notice to provide advisory comments to the City. This letter shall commence the 45-day notification period, with the City looking forward to receiving comments within 30 days hereof. At this time, the proposed Related Bristol Specific Plan has not been scheduled for public hearing for certification of its draft supplemental environmental impact report or its associated entitlement applications. City of Santa Ana Notice of Intent to Overrule & Findings – Related Bristol Specific Plan 3600 South Bristol Street [Insert Date] Page 2 of 2 Should you have any questions regarding this notice and/or on the proposed project, please contact me by phone at (714) 647-5882 or by email at APezeshkpour@santa-ana.org. Thank you for your prompt attention on this matter. Sincerely, Ali Pezeshkpour, AICP Planning Manager C: Minh Thai, Executive Director of Planning & Building Agency John M. Funk, Chief Assistant City Attorney Attachment: Resolution with Findings to Overrule ALUC’s Determination