HomeMy WebLinkAbout2015-061 - The City's Intention to Overrule the Orange County Airport Land Use Commission'sRESOLUTION NO. 2015 -061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE
COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF
THE CITY'S INTENTION TO OVERRULE THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE
PROPOSED HERITAGE MIXED -USE DEVELOPMENT PROJECT IS
INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT
ENVIRONS LAND USE PLAN
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 Dyer 18 LLC ( "Applicant ") with respect to an 18.84
acre property generally located at the corner of Dyer Road and Red Hill Avenue,
(the "Property ") requesting approval for the development of up to 1,221 residential
dwelling units, 12,675 square feet of retail commercial space and 5,415 square
feet of restaurant space. In addition, the existing building would be partially
demolished, with approximately 56,000 square feet of the building to remain as
office space for an existing tenant, as well as future office uses. The following
approvals are requested or required in order to implement the project as
proposed:
1. General Plan Amendment. To allow the construction of a mixed -use
development on this parcel, a General Plan amendment is required. Currently,
the land use designation for this site is Professional and Administrative Office
(PAO), which allows office development and ancillary commercial uses. This
project will require an amendment to the Land Use Element to amend the
General Plan Land Use designation of the site to District Center (DC).
2. Vesting Tentative Tract Map. A tentative tract map to establish lots
for residential development purposes pursuant to Chapter 34 of the Santa Ana
Municipal Code.
3. Affordable Housing Implementation Plan. A program specifying how
the proposed project would meet the City's affordable housing requirements.
4. Development Agreement. A Development Agreement between the
Applicant and the City of Santa Ana describing development rights and public
benefits, pursuant to Government Code Sections 65864 through 65869.5 to
Resolution No, 2015 -061
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enter into development agreements with persons having legal or equitable
interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
5. Environmental Impact Report. An environmental impact report (EIR)
to evaluate the environmental impacts resulting from the proposed project, in
accordance with the California Environmental Quality Act of 1970 (CEQA), as
amended (Public Resources Code Section 21000 et seq.), and the State
CEQA Guidelines for Implementation of CEQA (California Code of
Regulations, Title 14, Section 15000 et seq.).
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 (AELUP).
C. At a duly noticed public hearing on October 15, 2015, the ALUC found the
proposed project to be inconsistent with the 2008 John Wayne Airport
Environs Land Use Plan (AELUP) on a 5 -1 vote.
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. This two -step procedure requires the City
Council to conduct two public meetings. 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. The
second meeting shall be 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 directed to conduct further studies as necessary, if any, in order to
make 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.
Section 2. The City Council finds that this Resolution is not subject to 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 Applicant's project will be
independently reviewed and evaluated pursuant to CEQA.
Resolution No. 2015 -061
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Section 3. The City Council directs staff to forward a letter to the Airport Land
Land Use Commission and Caltrans 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 Heritage 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 Caltrans 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 Heritage 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 of the City Council of the City of Santa Ana, held on the 3rd day of
November, 2015.
ADOPTED this 3`d day of November 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
'-tLA/
Lisa Storck
Assistant City Attorney
AYES:
NOES
ABSTAIN
'Miguel A. Pulido
Mayor
Councilmembers: Amezcua, Benavides, Martinez, Reyna,
Sarmiento, Tinaiero (6)
Councilmembers:
Councilmembers:
NOT PRESENT: Councilmembers:
Pulido (1)
None (0)
Resolution No. 2015 -061
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015 -061 to be the original resolution adopted by the City Council of the
City of Santa Ana on November 3, 2015.
Date: /l ��
Resolution No. 2015 -061
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S;!2� ap"'i -D,
Clerk of the Council
City of Santa Ana