HomeMy WebLinkAbout2020-051 - Overruling the Orange County Airport Land Use RESOLUTION NO. 2020-051
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
Resolution No. 2020-051
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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 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. 2020-051
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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 16th day of June, 2020.
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Mir A. Pu ido
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APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: �'• 44-0^-c-'(--
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Bacerra, Mendoza, Penaloza, Pulido,
Sarmiento, Solorio, Villeoas (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
Resolution No. 2020-051
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-051 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 16, 2020.
Date: ( ) 5 ,x)-0
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Daisy Gome
Clerk of the ouncil
City of Santa Ana
Resolution No. 2020-051
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