Item 26 - Public Hearing Regarding Bristol Project

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0RANrl COUNTYAIRPORT LAND USE COMMISSION FQR ORANGE COUNTY Ill i� 3160 Airway Avenue • Costa Mesa, California 92626 * 949.252.5170 fax: 94-9.252.6012 October 24, 2023 Ali Pezeshkpour, Planning Manager City of Santa Ana Planning and Building Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Subject: Response to Notice of Intent to Overrule ALUC's July 20, 2023 Inconsistent Determination for Related Bristol Specific Plan Dear Mr. Pezeshkpour: We are in receipt of the City of Santa Ana's August 31, 2023 letter with attached City Council Resolution No. 2023-060, and the September 26, 2023 revised letter with attached findings, which notify the Airport Land Use Commission (ALUC) for Orange County of the City's intent to overrule the ALUC's inconsistency determination on the proposed Related Bristol Specific Plan. In accordance with Section 21676 of the Public Utilities Code, the ALUC submits the following comments addressing the proposed overrule findings for the above -referenced project These comments shall be included in the public record of a.finaI decision to overrule the ALUC Please be advised that California Public Utilities Code (PUC) Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate; if the public agency pursuant to Section 2I676, 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." Background On July 20, 2023, the ALUC for Orange County found the proposed Related Bristol Specific Plan to be inconsistent with the Airport Environs Land Use Plan .(AELUP)for John Wayne Airport (.TWA) on a 5-0 vote. The inconsistent finding was based on AELUP Section 3.2.1 which states, "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which ... permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permits activities or facilities that would affect adversely aeronautical operations." The proposed Related Bristol Specific Plan would allow buildings up to 25 stories and/or 285 feet which would penetrate the Federal Aviation Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response