75A - PH - EIR THE HERITAGE 2001 E DYER

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AIRPORT LAND USE COMMISSION MANGE COUNTY FOR ORANGE COUNTY 3160 Airway Avenue, Costa Mesa, California 92626.949.252.5170 Fax: 949,252.6012 January 15, 2016 Ms. Sonia Carvalho, City Attorney City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 SUBJECT: City of Santa Ana — Proposed Overrule Action on'the,proposed Heritage Project Dear Ms. Carvalho: The Airport Land Use Commission for Orange County (ALUC) is in receipt of your letter dated December 16, 2015 and City Council Resolution No. 2015 -XXX containing proposed oven-ule findings for the above - referenced project located at 2001 East Dyer Road. Regarding the subject Proposed City Overrule Action,` the.ALUC,provides the following comments. 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 October 15, 2015, the ALUC found the proposed Heritage Project to be inconsistent with the Airport Environs Lam? Use Plan (AELUP) for Jahn Wayne_ Airport (JWA) with a vote of 5 to 1 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," The findings Section (A) of the City's resolution on page 3 states that the City Council of the City of Santa Ana hereby finds and detennines that the proposed project does not create new noise and safety issues and, thus, meets the purposes of Public Utilities Code Section 21670 (a), It is important to note that by changing the site's General Plan designation from Professional and Administrative Office (PAO) to District Center (DC), new residential uses would now be EXHIBIT C 75A -111