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 3 of 10 L. The City finds that the Project is consistent with the AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence: a. The ALUC lacks evidence of the Project's inconsistency with the AELUP. The proposed zone change under the Project allows establishment of a specific plan, which contains permissive uses and development standards, but does not specify exact locations and heights of each implementing development that falls within the scope of the specific plan. Moreover, during the June 19, 2025 ALUC hearing on the Project, ALUC staff incorrectly described the City of Santa Ana's General Plan Update as belonging to the City of Costa Mesa, and the project site was incorrectly described as being at the northwest corner of Plaza Drive and Sunflower Avenue. During the ALUC hearing, ALUC Commissioners and ALUC staff referred to dated information about the effect of existing and planned tall buildings in the Airport vicinity on instrument procedures and aircraft on instrument approaches and departures to and from the airport. In 2009, the FAA implemented state-of-the-art, precision Global Positioning Satellite (GPS) procedures using Area Navigation (RNAV) technology to improve access to the airport in poor weather conditions. These procedures consider existing tall buildings in the vicinity of the airport along with high terrain north of the airport for the entire fleet of aircraft that use the airport. Further, the FAA's study of the Project included a review of the proposed 25-story buildings, in context with both existing and proposed tall buildings, existing and proposed approach and departure procedures, and the entire fleet of aircraft making use of the airport. The FAA, based on its aeronautical study and public circularization to airlines serving the airport, and all aeronautical users including airport operations staff, issued Determinations of No Hazard to Air Navigation on September 6, 2024. Despite the FAA's study, its circularization and its determination of no hazard, the ALUC found the project inconsistent based on an "obstruction" determination. No evidence of a substantial aeronautical impact of an obstruction was provided by the ALUC. b. During the June 19, 2025 ALUC hearing on the Project, City staff and the Project applicant provided supplemental information about the nature of a specific plan, how implementing projects will be reviewed, information on existing high-rises in the vicinity, FAA notification requirements for buildings exceeding 200 feet in height, and that the Final Supplemental Environmental Impact Report ("SEIR") for the Project would contain a mitigation measure requiring "Notice of Airport in Vicinity," to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. Despite this information, the ALUC voted to find the Project inconsistent per section 2.1.3 and 3.2.1 of the AELUP.