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C. The ALUC is required to use the California Airport Land Use Planning Handbook <br /> ("Handbook") that was updated by the California Department of Transportation, Division <br /> of Aeronautics ("Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP <br /> have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP <br /> has not been updated with information about the operation and environmental effects of <br /> JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified <br /> by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation <br /> Improvement Program ("GAIP"). <br /> D. On September 17, 2020, the City of Santa Ana presented the Project to the ALUC for a <br /> determination of consistency with the JWA AELUP and Heliports AELUP. <br /> E. The ALUC staff report dated October 15, 2020 ("Staff Report") recommends that the <br /> ALUC find the Project inconsistent with the JWA AELUP per Sections 1.2, 2.4.1, and <br /> 3.2.1 of the JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft "noise <br /> and safety issues" relative to the allowed placement of residential units "within the flight <br /> corridor" in the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height <br /> issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard <br /> and Sunflower Avenue). <br /> F. The ALUC Staff Report recommends that the ALUC find the Project consistent with the <br /> Heliports AELUP, with the condition that the City include a statement in the General Plan <br /> Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the <br /> City be submitted through the City to ALUC for a consistency determination. <br /> G. On October 15, 2020, the ALUC held a public hearing and adopted a resolution finding <br /> the Project inconsistent with the JWA AELUP for the stated reasons set forth in the Staff <br /> Report, and further finding the Project consistent with the Heliports AELUP on the <br /> condition set forth in the Staff Report. <br /> H. The City of Santa Ana has the general police power to control land use within its <br /> territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is <br /> acknowledged in State law (PUC §§ 21670, 21676) and the ALUC process (JWA <br /> AELUP § 4.11) allowing for overrule of an ALUC finding of inconsistency. <br /> I. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two- <br /> thirds vote of the City Council if it makes specific findings that the Project is consistent <br /> with the purposes of the State Aeronautics Act, as stated in PUC Section 21670. <br /> J. The City finds that the Project is consistent with the JWA AELUP and with the purposes <br /> of the State Aeronautics Act based on the following Findings of Fact and substantial <br /> evidence. <br /> III. FINDINGS OF FACT <br /> A. General Plan Update. The Project encompasses the entire City of Santa Ana. The <br /> General Plan Update set forth in the Project will change zoning and land use within five <br /> (5) geographic Focus Areas within the City. The comments in ALUC's Staff Report and <br /> ALUC's determination of inconsistency refer only to changes in land use within these <br /> five (5) Focus Areas. <br /> 1. The vast majority of the Project falls outside of the JWA AELUP planning area, which <br /> is defined in Section 1.7 of the JWA AELUP as "the furthest extent of the 60 CNEL <br /> City Council 32 — 314 Resolution NVINAO RX <br /> Page 6 of 11 <br />