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Home My WebLink About55C - RESO - NOTICE OF INTENT 2001 E DYER RDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 3, 2015 TITLE: NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY FOR THE HERITAGE MIXED -USE DEVELOPMENT PROJECT AT 2001 EAST DYER ROAD (STRATEGIC PLAN NO. 3, 2) ' !s 'ue CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _••:• 0. ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's intention to overrule the Airport Land Use Commission's determination that the proposed Heritage Mixed -Use Development project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan and direct staff to prepare findings in support of the overrule and submit the findings to the Airport Land Use Commission. BACKGROUND Pursuant to California Public Utilities Code Section 21676.b, on a two - thirds vote, the City Council may adopt a resolution that provides notification of their intent to overrule the Orange County Airport Land Use Commission's (ALUC) determination that The Heritage project is inconsistent with the John Wayne Airport Environs Land Use Plan (AELUP). DISCUSSION The project proponent Dyer 18 LLC, is proposing to construct a mixed -use residential, commercial, and office development located at 2001 East Dyer Road, at the northwest corner of Dyer Road and Red Hill Avenue. Three mixed -use five -story buildings are being proposed that would provide 1,221 apartment homes, parking, 12,675 square feet of retail commercial space, 5,415 square feet of restaurant space, and 58,000 square feet of office space. On October 15, 2015, the ALUC found The Heritage Mixed -Use Project Inconsistent with the AELUP for JWA per AELUP. Sections 1.2 and 2.1.4 of the AELUP, and PUC Section 21674 state that 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," and PUC Section 21674(b) "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." 55C -1 Heritage Mixed -Use Development Project November 3, 2015 Page 2 As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in Public Utilities Code Sections 21676 and 21676.5. The initial step is to notify ALUC and State Division of Aeronautics of the City's intention to override the ALUC's determination by adopting a resolution of intent at least 45 days in advance of the overruling. In turn, ALUC may provide comments to the City Council within 30 days of receiving the resolution of intention. 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 City Council meeting is to make specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Sections 21670, 21676(b) and 21676.5. The Council's adoption of the notification resolution does not constitute the project's approval nor does it predispose the City's future action on the project. On October 12, 2015 the City of Santa Ana Planning Commission reviewed and recommended that the City Council approve the project. Should the City Council desire to proceed with the overruling of the ALUC's decision, a draft resolution of intent with specific findings will need to be prepared for consideration. The protect, as proposed, is consistent with the noise, safety, and height standards of the AELUP. The EIR also concluded that that the project is consistent with the AELUP. Overriding the ALUC decision does not affect the City's status as a consistent agency. The City will not lose its consistency status by completing the override process. Please note that the override process will result in the airport operator's immunity from liability once a public agency overrides a determination of inconsistency. However, the City will not bear any liability from completing the overrule process. Approval of this resolution will not commence the 45-day comment period for the project. Such period shall commence once staff has prepared supportive findings and has forwarded them to the ALUC. CEQA Compliance The City Council finds that the adoption of this Resolution is not subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 55C -2 November 1 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. HassanHaPhan , AICP Executive Director Planning & Building Agency HH ;rb WWepartffho Heritage Notice of Intent to Ovonto 794.16 Exhibit; 1. Draft Resolution of Intent 55C -3 55C -4 RESOLUTION NO. 2015 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 OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE PROPOSED HERITAGE MIXED -USE DEVELOPMENT PROJECT 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. An application was filed by Dyer 18 LLC ( "Applicant") with respect to an 18.84 acre property generally located at the corner of Dyer Road and Red Hill Avenue, (the "Property ") requesting approval for the development of up to 1,221 residential dwelling units, 12,675 square feet of retail commercial space and 5,415 square feet of restaurant space. In addition, the existing building would be partially demolished, with approximately 56,000 square feet of the building to remain as office space for an existing tenant, as well as future office uses. The following approvals are requested or required in order to implement the project as proposed: 1. General Plan Amendment. To allow the construction of a mixed -use development on this parcel, a General Plan amendment is required. Currently, the land use designation for this site is Professional and Administrative Office (PAO), which allows office development and ancillary commercial uses. This project will require an amendment to the Land Use Element to amend the General Plan Land Use designation of the site to District Center (DC). 2. Vesting Tentative Tract Map. A tentative tract map to establish lots for residential development purposes pursuant to Chapter 34 of the Santa Ana Municipal Code. 3. Affordable Housing Implementation Plan. A program specifying how the proposed project would meet the City's affordable housing requirements. 4. Development Agreement. A Development Agreement between the Resolution No. 2015 -XXX Page 1 of 4 55C -5 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 Section 2. The City Council finds that this Resolution is not subject to 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 Applicant's project will be independently reviewed and evaluated pursuant to CEQA. Section 3. The City Council directs staff to forward a letter to the Airport Land Land Use Commission and Caltrans 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 Heritage Mixed -Use Development project 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 Caltrans 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 Heritage Mixed -Use Development project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 5. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Santa Ana, held on the 3rd day of November, 2015. ADOPTED this 3rd day of November 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: n `_ Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 55C -7 Resolution No, 2015 -XXX Page 3 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2015. Date: Clerk of the Council City of Santa Ana 55C -8 Resolution No. 2015 -XXX Page 4 of 4