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75C - PH - THE BOWERY
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75C - PH - THE BOWERY
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Last modified
8/13/2020 5:10:27 PM
Creation date
8/13/2020 4:53:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
8/18/2020
Destruction Year
2025
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WHEREAS, the requested General Plan Amendment would change the General <br />Plan land use designation of the property from Professional and Administrative Office <br />(PAO) to District Center (DC) and to update text portions of the City's Land Use Element <br />to reflect this change in order to allow for development of the mixed -use commercial and <br />residential Project; and <br />WHEREAS, California Public Utilities Code (PUC) Section 21676(b) requires the <br />City of Santa Ana to refer projects requiring a general plan amendment or a zone <br />change to the Orange County Airport Land Use Commission (ALUC) for consistency <br />with the 2008 John Wayne Airport (JWA) Environs LandMb Plan (AELUP); and <br />WHEREAS, the ALUC is charged with <br />guidelines for compatible development in the <br />of the County of Orange. PUC Section 21670, <br />the AELUP as: (1) "... to promote the QM <br />airport noise standards adopted pursuan S <br />of new noise and safety problems" and Milk <br />welfare by ensuring the orderly expansion d <br />measures that minimize the put�=f>exposun <br />within areas around public airp Ahe e <br />devoted to incompatible uses;" anM <br />i bfin of an AELUP, establishing <br />DW <br />of a irport within the jurisdiction <br />tsets forthifundamental purpose of <br />goals and ootives of the California <br />otion 21669 andrevent the creation <br />to pro ect publOMMbalth, safety, and <br />a nd the add ft of land use <br />ssive noise andVafety hazards <br />ent these areas are not already <br />WHEREAS, 0�21, 202 he At -- un&ft proposed project to be <br />inconsistent with tl (A AELI by AL_UC's findings were made <br />pursuant to AEI; Sectiorr ..2 and!MMsV and Ili Section 216749(a). These <br />sections empower th»LUC "tMssist locencies in ensuring compatible land uses <br />in the vicini of existi��ir. =_the egftt that the land in the vicinity of those <br />airports de = incom ibleMes," and "to coordinate planning at the <br />state, Mmnal and -dal le so as ovrde for the orderly development of air <br />transpton, while aJe sam— <br />i-dime protecting the public health, safety and welfare;" <br />and <br />WHERS, pursuano PUC—Section 21676(b), the City may, after a public <br />hearing, proposeoverrule 0 commission by a two-thirds vote of its governing body if <br />it makes specific tt`�' gs tithe proposed action is consistent with the purposes of <br />Article 3.5 Airport Ldr�-Commission of the PUC. At least 45 days prior to the <br />decision to overrule theme_ C, the local agency governing body shall provide the ALUC <br />and the State Division of Aeronautics a copy of the proposed decision and findings. The <br />commission and the Division of Aeronautics may provide comments to the local agency <br />governing body within 30 days of receiving the proposed decision and findings. If the <br />ALUC and State Division of Aeronautics comments are not available within this time <br />limit, the local agency governing body may act without them. Should comments be <br />received, the City Council must include the comments from the ALUC in the public <br />record of any final decision to overrule the ALUC. This decision shall be determined at a <br />public hearing to make the specific findings that the proposed overruling is consistent <br />with the purposes stated in PUC Section 21670. <br />Resolution No. 2020-xx <br />75C-981 Page 2 of 13 <br />
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