HomeMy WebLinkAbout55C - RESO FOR PR ON REDHILLREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 16, 2020
TITLE:
ADOPT A RESOLUTION
AUTHORIZING THE PLANNING
DIVISION TO PREPARE AND PROVIDE
NOTICE TO THE AIRPORT LAND USE
COMMISSION IN ACCORDANCE WITH
PUBLIC UTILITIES CODE SECTION
21676(b) FOR A PROPOSED MIXED -
USE DEVELOPMENT PROJECT
LOCATED AT 2300, 2310 AND 2320
SOUTH RED HILL AVENUE
/s/ Kristine Ridge
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution authorizing the Planning
findings and determination overruling the
Determination of Inconsistency associated
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Division to initiate the preparation and drafting of
Orange County Airport Land Use Commission's
with a proposed mixed -use development project
located at 2300, 2310 and 2320 South Red Hill Avenue and to provide notice in accordance with
Section 21676(b) of the Public Utilities Code to the Orange County Land Use Commission and the
State of California Department of Transportation's Division of Aeronautics at least 45 days prior to
the scheduled public hearing date for the City Council to consider the proposed project and
proposed overruling.
BACKGROUND AND DISCUSSION
Jeremy Ogulnick, representing Arrimus Capital, is requesting approval of General Plan amendment
(GPA No. 2020-02) and amendment application (zone change) (AA No. 2020-01) to facilitate the
construction of a mixed -use development known as The Bowery at 2300, 2310, and 2320 South Red
Hill Avenue. The development would consist of four primary buildings and two freestanding
commercial pad buildings that would contain a total of 1,100 residential units and 80,000 square feet
of leasable commercial area. Due to the need for a General Plan amendment, the project was
required to be referred to the Airport Land Use Commission (ALUC) for a determination of consistency
with their AELUP.
On May 21, 2020, the ALUC held a public hearing on the project and found The Bowery project to be
inconsistent with the AELUP for John Wayne Airport pursuant to AELUP Sections 1.2 and 2.1.4 and
Public Utilities Code (PUC) Section 21674. These sections empower the ALUC "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 "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."
55C-1
The Bowery Mixed -Use Development Project
June 16, 2020
Page 2
As a final review authority on legislative acts, the City Council may, after a public hearing, choose
to overrule the ALUC's decision by following the procedure established in PUC Sections 21676
and 21676.5.
The first step is to provide notice to ALUC and the Division ofAeronautics of the City's intention to
overrule the ALUC's determination by providing them with a Notice of Intent at least 45 days
in advance of the overruling action by the City Council. In turn, ALUC may provide comments to
the City Council within 30 days of receiving the Notice of Intent. If ALUC's comments are not
available within this time limit, the City Council may act without them. The comments by ALUC
are advisory to the City Council. However, should comments be received, the City Council must
include comments from ALUC in the public record of any final decision to overrule ALUC. The
second step is to conduct a public hearing through which the City Council needs to make specific
findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670.
The Council's adoption of this resolution is procedural and does not constitute the project's
approval nor does it predispose the City's future action on the project or the decision to overrule
or not.
ENVIRONMENTAL REVIEW
The City Council finds that the adoption of this resolution is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the
proposed action will not have a significant effect on the environment. Environmental Impact Report
No. 2020-01 (SCH No. 2019080011) has been prepared for the proposed project as a whole and will
be presented to the City Council for consideration, along with the requested General Plan amendment
and amendment application, at a future hearing date.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective
#2 (create new opportunities for business/job growth and encourage private development through
new General Plan and Zoning Ordinance policies) and Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support
efforts to preserve and improve the livability of Santa Ana neighborhoods).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibit: 1. Authorization to Provide Notice
55C-2
RESOLUTION NO. 2020-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE PLANNING DIVISION TO
INITIATE THE PREPARATION AND DRAFTING OF FINDINGS
AND DETERMINATION OVERRULING THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION'S DETERMINATION OF
INCONSISTENCY ASSOCIATED WITH A PROPOSED MIXED -
USE DEVELOPMENT PROJECT LOCATED AT 2300, 2310 AND
2320 SOUTH REDHILL AND TO PROVIDE NOTICE IN
ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC
UTILITIES CODE TO THE ORANGE COUNTY LAND USE
COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION'S DIVISION OF AERONAUTICS AT
LEAST 45 DAYS PRIOR TO THE SCHEDULED PUBLIC
HEARING DATE FOR THE PROPOSED PROJECT AND
PROPOSED OVERRULING ACTION BY THE CITY COUNCIL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. An application was filed by Jeremy Ogulnick, representing Arrimus Capital,
requesting approval of a general plan amendment (GPA No. 2020-02) and
amendment application (zone change) (AA No. 2020-01) to facilitate the
construction of a mixed -use development known as "The Bowery". The proposed
development would consist of four primary buildings and two commercial pad
buildings that would contain 1,100 residential units and 80,000 square feet of
leasable commercial area at 2300, 2310, and 2320 South Redhill Avenue.
B. Public Utilities Code Section 21676(b) requires the City of Santa Ana to refer the
proposed project to the Orange County Airport Land Use Commission (ALUC)
for consistency with the 2008 John Wayne Airport Environs Land Use Plan.
C. At a duly noticed public hearing on May 21, 2020, the ALUC found the proposed
project to be inconsistent with the 2008 John Wayne Airport Environs Land Use
Plan (AELUP) on a 6-0 vote. ALUC's findings were made pursuant to AELUP
Sections 1.2 and 2.1.4, and Public Utilities Code Section 21674. These
sections empower the ALUC "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 "to
Resolution No. 2020-xx
Page 1 of 4
55C-3
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."
D. As a final review authority on legislative acts, the City Council may, after a
public hearing, choose to overrule the ALUC decision with a two-thirds vote of
the City Council, if the City of Santa Ana makes specific findings that the
proposed project is consistent with the purposes of Public Utilities Code Section
21676 and 21676.5. At least 45 days prior to the decision to overrule ALUC, the
governing body shall provide ALUC and the State Division of Aeronautics a
copy of the proposed decision to overrule along with supportive findings. ALUC
may provide comments to the City Council within 30 days of receiving the
proposed decision and findings. If ALUC's comments are not available within
this time limit, the City Council may act without them. Should comments be
received, the City Council must include the comments from ALUC in the public
record of any final decision to overrule ALUC. This decision shall be determined
at a public hearing to make the specific findings that the proposed overruling is
consistent with the purposes stated in Public Utilities Code Section 21670.
E. Staff is hereby directed to conduct further studies as necessary in order to draft
and provide notice of the findings in support of the overrule. The 45-day period
will begin after staff has forwarded the intent to overrule along with the
supportive findings.
F. The Council's adoption of this resolution is procedural and does not constitute
the proposed project's approval nor does it predispose the City's future action
on the project or the decision to overrule or not.
G. Should the Council adopt this resolution directing staff to conduct further studies
as necessary in order to make the findings in support of the overrule, a public
hearing will be required for Council consideration of the final environmental
impact report, and the GPA and AA applications.
Section 2. The City Council finds that this Resolution is not subject to the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
CEQA Guidelines as the proposed action will not have a significant effect on the
environment. The proposed project will be independently reviewed and evaluated
pursuant to CEQA. Environmental Impact Report No. 2020-01 (SCH No. 2019080011)
has been prepared for the project as a whole and will be presented to the City Council
for consideration, along with the requested general plan amendment and amendment
application (zone change), at a future hearing date.
Resolution No. 2020-xx
Page 2 of 4
55C-4
Section 3. The City Council directs staff to forward a letter to the Airport Land
Use Commission and State Department of Transportation Division of Aeronautics,
indicating the City of Santa Ana's intent to overrule any determination of the Airport
Land Use Commission that the proposed Bowery Mixed -Use Development project is
inconsistent with the 2008 John Wayne Airport Environs Land Use Plan.
Section 4. The City Council directs staff to conduct further studies, as
necessary, in order to prepare and forward findings to the Airport Land Use
Commission and State Department of Transportation Division of Aeronautics, in
support of the City's intent to overrule the Airport Land Use Commission's
determination that the proposed Bowery Mixed -Use Development project is
inconsistent with the 2008 John Wayne Airport Environs Land Use Plan.
Section 5. This resolution was approved, passed and adopted at a regular
meeting and shall take effect immediately.
ADOPTED this _ day of
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
/G1*II/91►� 111111111111110rou .71I 1IiI TM
NOT PRESENT: Councilmembers
2020.
Miguel A. Pulido
Mayor
Resolution No. 2020-xx
Page 3 of 4
55C-5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-xx to be the original resolution adopted by the City Council of the
City of Santa Ana on 12020.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2020-xx
Page 4 of 4
55C-6