Item 11 - Resolution to Provide Notice to the County of Orange Aiport Land Use Commision for the Village

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Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 2 of 10 F. As the Project proposes a zone change and adoption of a Specific Plan, and pursuant to PUC Section 21676, the City of Santa Ana referred the proposed Project to the ALUC for review. G. The ALUC has adopted FAR Part 77 as the criteria for determining height restrictions in Orange County. FAR Part 77 requires notification to the Federal Aviation Administration ("FAA") for any project that would be more than 200 feet in height above ground level or within the imaginary surface of a 100:1 slope extending outward for 20,000 feet from the nearest runway. The Project Site is located within the 206-foot-high imaginary surface area for JWA, thus requiring FAA notification. The proposed mixed -use buildings that are a part of the Project would be a maximum of 25 stories high, with the tallest point on the buildings being 315 feet above the existing ground level. H. On June 19, 2025, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP. The ALUC staff report for that hearing found that the proposed Project is consistent with AELUP issues of aircraft noise, flight tracks and safety, and heliports. The staff report noted that with regard to AELUP issues of height restrictions, the Project is inconsistent per Section 2.1.3 of the AELUP, which states that "a Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination by the ALUC and that the Commission may find a project Inconsistent based on an Obstruction determination", and Section 3.2.1 of the AELUP, which states that "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which... permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permit activities or facilities that would affect adversely aeronautical operations." The proposed Project would allow buildings up to 25 stories and/or 315 feet, which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. On June 19, 2025, the ALUC held a public hearing and, by unanimous vote, adopted a resolution finding the Project inconsistent with the AELUP for the stated reasons set forth in the staff report. J. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21676, 21676.5) and the ALUC process allowing for overrule of an ALUC finding of inconsistency. K. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two-thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act.