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Warner Redhill Mixed -Use Development Project August 18, 2020 Page 9 to construct or fully fund right -turn overlap phasing at the intersection of Redhill Avenue and Barranca Parkway. As a result of these impacts that cannot be mitigated to a less than significant level, adoption of a Statement of Overriding Considerations is required prior to approving the project. A Statement of Overriding Considerations is the process through which decision makers balance the economic, legal, social, and technological or other benefits of the proposed project against its unavoidable environmental impacts. ORANGE COUNTY AIRPORT LAND USE COMMISSION (ALUC) Pursuant to Section 21676(b) of the California Public Utilities Code (PUC), the proposed project was reviewed by the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). On May 21, 2020, the ALUC held a public hearing on the project and found the project to be inconsistent with the AELUP for JWA in accordance with AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674 (Exhibit 9). 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." Based on this determination, the ALUC issued a letter of inconsistency. 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 PUC Sections 21676 and 21676.5. On June 16, 2020, City Council met and authorized staff to initiate and complete the procedure for the City Council to consider the project and the proposed overriding of the determination made by the ALUC by (1) issuing a Notice of Intent to overrule and (2) giving notice to the ALUC of its decision to overrule as required by PUC Section 21676(b). On June 30, 2020, the Planning Division provided a Notice of Intent to overrule the commission's determination with findings to the ALUC and the State Division of Aeronautics (Exhibit 10). On August 5, 2020, the City received a comment letter from the ALUC regarding the draft findings to overrule the ALUC's determination of inconsistency with JWA AELUP for the project (Exhibit 11 ). As of the date of publishing this report, comments from the Division of Aeronautics have not been received. PUC Section 21676 permits the City Council, by a two-thirds vote, to overrule the ALUC's determination if it finds that the proposed project is consistent with the purposes of the State Aeronautics Act. The Act states: "It is 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 noise standards... and to prevent the creation of new noise and safety problems." Based on staff's review of the project, the project will not adversely impact the operations of the airport, the future development plans that exists for the airport, the approaches to the airport runways, create noise concerns, or create public health, safety or welfare concerns. Additionally, the project falls within a level of acceptable risk considered to be a community norm. Lastly, the applicant will be required to record an aviation easement to prevent claims, actions or lawsuits for nuisance or interference with the use of the property against the City and John Wayne Airport. 75C-9