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2025-043 - Overruling the Orange County Airport Land Use Commission's
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2025-043 - Overruling the Orange County Airport Land Use Commission's
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Last modified
9/25/2025 10:38:51 AM
Creation date
9/25/2025 10:38:36 AM
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City Clerk
Doc Type
Resolution
Agency
Planning & Building
Item #
28
Date
9/16/2025
Destruction Year
P
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space, including 7.5 acres of publicly accessible open space and on-site <br /> parking and landscaping. <br /> E. The City is located partially within the area contained within the scope of <br /> the Airport Environs Land Use Plan (AELUP) for John Wayne Airport <br /> (JWA). <br /> F. Consistent with the requirements of California Public Utilities Code (PUC) <br /> Section 21676 et seq., because a portion of the proposed Project is within <br /> the area covered by the AELUP, subsequent to its introduction, the Project <br /> was submitted to the Orange County Airport Land Use Commission <br /> (ALUC) for consideration of the Project's consistency with the AELUP. <br /> G. At its meeting on June 19, 2025, the ALUC determined that the Project is <br /> inconsistent with the AELUP of JWA. <br /> H. On July 16, 2025, the City provided a notice of intent to overrule ALUC's <br /> determination of inconsistency pursuant to PUC Section 21676, <br /> subdivision (b). <br /> I. On August 12, the Division of Aeronautics of the California Department of <br /> Transportation (Caltrans) provided a response to the City's notice of intent <br /> to overrule ALUC's inconsistency determination. <br /> J. On August 15, 2025, ALUC provided a response to the City's notice of <br /> intent to overrule ALUC's inconsistency determination and submitted <br /> additional comments. <br /> K. Pursuant to PUC sections 21670 and 21676, if an ALUC determines that a <br /> proposed adoption or amendment of a specific plan or zoning ordinance is <br /> inconsistent with an AELUP, the referring local agency may, after a public <br /> hearing, propose to overrule the ALUC by a two-thirds vote of its <br /> governing body, upon making specific findings that the proposed action is <br /> consistent with the purposes of the PUC Section 21670. <br /> L. Pursuant to City Council direction given at a City Council meeting on July <br /> 15, 2025, City staff has provided appropriate notice of the City Council's <br /> intent to overrule the ALUC's determination. <br /> M. On September 16, 2025, the City Council held a duly-noticed public <br /> hearing regarding the City Council's intent to overrule the ALUC's <br /> determination of inconsistency. <br /> N. The City Council finds that the Project is in the best interests of the City <br /> and is consistent with the purposes set forth in Public Utilities Code <br /> Section 21670. <br /> Resolution No. 2025-043 <br /> Page 2 of 20 <br />
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