75C - PH - THE BOWERY - Laserfiche WebLink

Home Browse Search

Exhibit 11 AIRPORT LAND USE COMMISSION GRANGE COUNTY FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 July 29, 2020 Vince Fregoso, Planning Manager City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 SUBJECT: City of Santa Ana Notice of Intent to Overrule ALI:C Action on the proposed Bowery Project Dear Mr. Fregoso: We are in receipt of the City of Santa Ana's June 30, 2020, letter and draft resolution notifying the Airport Land Use Commission (ALUC) for Orange County of the city's intent to overrule ALUC's inconsistency determination on the Bowery Project located at 2300, 2310, and 2320 Red Hill Avenue. In accordance with Section 21676 of the California Public Utilities Code, the ALUC submits the following comments addressing the proposed overrule findings for the above - referenced project. Please be advised that California Public Utilities Code Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5 or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation." On May 21, 2020, the ALUC found the proposed Bowery project to be inconsistent with the Airport Environs Land I se Plan (AEL UP).?or John Wayne Airport (JWA) with a vote of 6 to 0. The determination was made in accordance with AELUP Sections 1.2 and 2.1.4, and PUC Section 21674 which 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." Per Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation 75C-993