HomeMy WebLinkAboutItem 11 - Resolution to Provide Notice to the County of Orange Aiport Land Use Commision for the VillagePlanning and Building Agency
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Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 15, 2025
TOPIC: The Village Santa Ana Specific Plan — ALUC Overrule Initiation (1561 W.
Sunflower Avenue)
AGENDA TITLE
Authorize the Planning Division to Prepare and Provide Notice to the County of Orange
Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section
21676(b) for The Village Santa Ana Specific Plan Located at 1561 W. Sunflower Avenue
Currently Undergoing Public Review and Entitlements Processing with the City
RECOMMENDED ACTION
Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting
of findings and determination overruling the County of Orange Airport Land Use
Commission's Determination of Inconsistency associated with the proposed The Village
Santa Ana Specific Plan located at 1561 W. Sunflower Avenue and to provide notice in
accordance with Section 21676(b) of the Public Utilities Code to the County of Orange
Airport Land Use Commission and the State of California Department of Transportation's
Division of Aeronautics.
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE
THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULLING
THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF
INCONSISTENCY ASSOCIATED WITH THE PROPOSED THE VILLAGE SANTA ANA
SPECIFIC PLAN PROJECT LOCATED AT 1561 WEST SUNFLOWER AVENUE AND
TO PROVIDE NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE
COMMISSION'S DETERMINATION IN ACCORDANCE WITH SECTION 21676(B) OF
THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE AIRPORT LAND USE
COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION'S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO
THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND
PROPOSED OVERRULING ACTION BY THE CITY COUNCIL [includes determination
that this action is not subject to the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines because it has no
potential for resulting in physical change to the environment, directly or indirectly.]
The Village Santa Ana Specific Plan — ALUC Overrule Initiation (1561 W. Sunflower
Avenue)
July 15, 2025
Page 2
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Pursuant to Public Utility Code (PUC) Section 21676(b), prior to the amendment of a
general plan or specific plan, or the adoption or approval of a zoning ordinance or building
regulation within the planning boundary established by the Orange County Airport Land
Use Commission (ALUC) pursuant to Sections 21676 and 21676.5 of the PUC for the
John Wayne Airport (JWA), the City shall first refer the proposed action to ALUC. If ALUC
determines that the proposed action is inconsistent with the JWA Airport Environs Land
Use Plan (AELUP), the City may, after a public hearing, propose to overrule the
Commission's determination by a two-thirds vote of the City Council if it makes specific
consistency findings in accordance with PUC Section 21670.
Adhering to this procedure, it is standard practice for the City to refer projects governed
by PUC Section 21676(b) under the AELUP to the ALUC for their review and
determination during the project review phase. The City referred the proposed specific
plan to ALUC for their review and determination because the project is located within the
AELUP. On June 19, 2025, ALUC held a public hearing on the proposed project and
found The Village Santa Ana Specific Plan to be inconsistent with the AELUP for JWA
pursuant to AELUP Sections 2.1.3 and 3.2.1 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."
As a final review authority on legislative acts for land use matters within the City, the City
Council may choose to overrule the ALUC's decision by following the procedure
established in PUC sections 21676 and 21676.5. Before the decision to overrule the
ALUC's Determination of Inconsistency may take place, the City Council must adopt a
resolution that authorizes initiation of the two-step overrule process.
The first step in the overrule process is to provide notice to ALUC and the California
Department of Transportation (Caltrans) Division of Aeronautics of the City's intention to
overrule the ALUC's determination by providing the two agencies 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 in the overrule process is to conduct a
The Village Santa Ana Specific Plan — ALUC Overrule Initiation (1561 W. Sunflower
Avenue)
July 15, 2025
Page 3
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 City 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. Following the date of adoption of the resolution, there is no
maximum time limit by which the City Council must hold the public hearing on the
proposed project and overrule the ALUC's determination. As a result, the
recommendation to approve the resolution authorizing the Planning Division to initiate the
preparation and drafting of findings and determination overruling the County of Orange
Airport Land Use Commission's Determination of Inconsistency does not set forth any
required timeframes for future hearing dates and actions.
ENVIRONMENTAL IMPACT
The requested action 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.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBITS
1. Resolution Authorizing Staff to Provide Notice of Intent to Overrule
2. Draft Notice of Intent with Findings to Overrule ALUC's Determination
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building
Agency
Approved By: Alvaro Nunez, City Manager
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE PLANNING DIVISION TO
INITIATE THE PREPARATION AND DRAFTING OF
FINDINGS IN SUPPORT OF OVERRULING THE ORANGE
COUNTY AIRPORT LAND USE
COMM ISSION'SDETERMINATION OF INCONSISTENCY
ASSOCIATED WITH THE PROPOSED THE VILLAGE
SANTA ANA SPECIFIC PLAN PROJECT LOCATED AT 1561
WEST SUNFLOWER AVENUE AND TO PROVIDE NOTICE
OF INTENT TO OVERRULE THE AIRPORT LAND USE
COMMISSION'S DETERMINATION IN ACCORDANCE
WITH SECTION 21676(B) OF THE PUBLIC UTILITIES
CODE TO THE COUNTY OF ORANGE
AIRPORT LAND USE COMMISSION AND THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION'S
DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR
TO THE FUTURE 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. On June 19, 2025, the County of Orange Airport Land Use Commission (ALUC)
held a public hearing on the above -referenced project and found the proposed The
Village Santa Ana Specific Plan ("Project") located at 1561 West Sunflower
Avenue to be inconsistent with the 2008 Airport Environs Land Use Plan ("AELUP")
for John Wayne Airport ("JWA") pursuant to AELUP Sections 2.1.3 and 3.2.1 and
Public Utilities Code ("PUC") Section 21674.
B. PUC Section 21674 empowers 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."
C. As a final review authority on legislative acts for land use matters within the City,
the City Council may choose to overrule the ALUC's decision by following the
Resolution No. 2025-XXX
Page 1 of 4
procedure established in PUC sections 21676 and 21676.5. Before the decision to
overrule the ALUC's Determination of Inconsistency may take place, the City
Council must adopt a resolution that authorizes initiation of the two-step overrule
process.
D. At least 45 days prior to any decision to overrule ALUC, the governing body shall
provide ALUC and the State Department of Transportation (Caltrans) 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 PUC 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 any decision to overrule.
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 supplemental
environmental impact report, and any associated entitlement applications, for the
Project.
Section 2. The City Council finds that the requested action is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and Section 15061(b)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, because it has no potential for resulting in physical
change to the environment, directly or indirectly. Specifically, the resolution does not have
the potential for resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment because it is limited
to the City's proposal to overrule the ALUC's determination and does not commit the City
to approve the Project. Concurrent with the review of the proposed Specific Plan,
supplemental Environmental Impact Report No. 2025-01 (State Clearinghouse No.
2020029087) has been prepared for the proposed Specific Plan as a whole and will be
presented to the City Council for consideration, along with the requested zoning
ordinance amendment and amendment application, at a future hearing date.
Resolution No. 2025-XXX
Page 2 of 4
Section 3. The City Council directs staff to forward a letter to the ALUC and
Caltrans Division of Aeronautics, indicating the City of Santa Ana's intent to overrule
ALUC's determination of inconsistency for the Project.
Section 4. The City Council directs staff to conduct further studies, as necessary,
in order to prepare and forward findings to the ALUC and Caltrans Division of Aeronautics
in support of the City's intent to overrule the ALUC's determination that the proposed
Project is inconsistent with the JWA AELUP.
Section 5. This Resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this day of , 2025.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2025-XXX
Page 3 of 4
I, Jennifer L.
2025-XXX to
Ana on
Date:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
be the original resolution adopted by the City Council of the City of Santa
, 2025.
City Clerk
City of Santa Ana
Resolution No. 2025-XXX
Page 4 of 4
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Benjamin Vazquez
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
July XX, 2025
CITY OF SANTA ANA
PLANNING AND BUILDING AGENCY
20 Civic Center Plaza • P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.orq
Julie Fitch, Executive Officer
Orange County Airport Land Use Commission
3160 Airway Avenue
Costa Mesa, CA 92626
CITY MANAGER
Alvaro Nunez
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
Also sent via email to: ifitch ocair.com
RE: NOTICE OF INTENT TO OVERRULE THE DETERMINATION OF INCONSISTENCY
FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROPOSED AT 1561 WEST
SUNFLOWER AVENUE
The purpose of this letter is to inform you of the City of Santa Ana's intention to recommend that
the Santa Ana City Council adopt the attached findings to overrule the June 19, 2025, Airport
Land Use Commission's ("ALUC") determination of inconsistency for the Village Santa Ana
Specific Plan ("Project") with the Airport Environs Land Use Plan ("AELUP") for John Wayne
Airport ("JWA").
On July 15, 2025, the Santa Ana City Council met and (1) approved issuing a Notice of Intent to
Overrule and (2) determined to give notice to the ALUC of its decision to overrule as required by
California Public Utilities Code ("PUC") Section 216761
Pursuant to PUC Section 21676, the City hereby respectfully gives proper notice of its intention
to overrule and submits the attached draft findings (attached hereto as Exhibit A) for review. PUC
Section 216761 requires that a public agency making a decision to overrule shall give notice to
the California Department of Transportation (Caltrans), Aeronautics Division, and ALUC at least
45 days prior to the final decision to overrule. After notification, Caltrans and ALUC have 30 days
from the receipt of notice to provide advisory comments to the City.
The City looks forward to receiving comments within the timeframes mandated by the PUC. At
this time, the proposed Project has not been scheduled for public hearing before the Santa Ana
City Council.
SANTA ANA CITY COUNCIL
Valerie Amezcua Benjamin Vazquez Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza
Mayor Mayor Pro Tem -Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6
yamezcuao,santa-ana.orq byazggeZ(C71 santa-anaArq tphan(a7 santa-ana.orq I essielopeZ(C7lsanta-ana.orq pbacerra(Qisanta-ana.orq Ward
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Notice of Intent to Overrule & Draft Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
July XX, 2025
Page 2 of 2
Should you have any questions regarding this notice and/or on the proposed Project, please feel
free to contact me by phone at (714) 647-5481 or by email at JGuevaraCa7santa-ana.org. Thank
you for your prompt attention on this matter.
Sincerely,
Jerry C. Guevara, AICP
Senior Planner
Exhibit:
A: Draft Findings to Overrule ALUC's Determination
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 1 of 10
A. The City of Santa Ana is required to provide findings supporting the overrule of
the Orange County Airport Land Use Commission ("ALUC") determination as
required in the California Public Utilities Code ("PUC") Section 21676(b). Based
on the following Findings of Fact and the associated substantial evidence in the
public record, the proposed action by the City on The Village Santa Ana Specific
Plan Project ("Project") at the northeast corner of West Sunflower Avenue and
Bear Street, transected by South Plaza Drive (1561 W. Sunflower Avenue
("Project Street")) and related zoning change (amendment application) are
consistent with the purposes of the State Aeronautics Act as stated in PUC
Section 21670.
B. The proposed Project provides for the orderly development of John Wayne
Airport ("JWA"), and its surrounding area and promotes the overall goals and
objectives of the State noise standards by avoiding new noise and safety
problems, and protecting the public health, safety and welfare through the
adoption of land use measures that minimize the public's exposure to excessive
noise and safety hazards to the extent that this area is not already devoted
to incompatible uses. This Project would not add any new residential or
commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level
("CNEL") noise area.
C. It is in the public interest to provide for the orderly development of each public
use airport in the State of California ("State") and the area surrounding these
airports so as to promote the overall goals and objectives of the State airport
noise standards adopted pursuant to PUC Section 21669 and to prevent the
creation of new noise and safety problems.
D. To provide for the orderly development of JWA and the area surrounding the
airport, the ALUC adopted the 2008 Airport Environs Land Use Plan ("AELUP")
on April 17, 2008. The AELUP guides development proposals to provide for
orderly development of the airport and the area surrounding the airport through
implementation of the standards in Section 2.1 (aircraft noise, safety compatibility
zones, building height restrictions).
E. The ALUC is required to use the State Airport Land Use Planning Handbook
("Handbook") that was updated by the California Department of Transportation,
Division of Aeronautics ("Caltrans") in 2011. The AELUP for JWA has not been
updated to incorporate the Handbook nor has it been updated with information
about the operation and environmental effects of JWA as reflected in its most
recent Final Environmental Impact Report ("EIR") certified by the Orange County
Board of Supervisors on June 25, 2019 for the General Aviation Improvement
Program ("GAIP").
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.
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.
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 4 of 10
C. Noise. The residential and commercial land uses under the proposed
Project are consistent with the aircraft noise standards of the AELUP.
The Project is located outside of the JWA 60 to 65 dBA CNEL
aircraft noise contours. Aircraft noise analysis was completed in the
Project's SEIR (State Clearinghouse No. 2020029087) and
presented at the ALUC hearing. The JWA GAIP EIR also contains
noise analysis demonstrating that the Project is outside of the 60
dBA CNEL noise contour. This noise analysis is based on one
year's worth of aircraft operations in all runway operating
configurations for both existing aircraft fleet mixes and future fleet
forecasts. This analysis includes the time of day of all operations
and includes noise penalties for evening (7 p.m. to 10 p.m.) and
night (10 p.m. to 7 a.m.) aircraft operations of five and ten decibels
per operation. Residential land uses are normally consistent in
areas impacted by aircraft noise up to 60 dBA CNEL and
commercial land uses up to 65 dBA CNEL as shown in the AELUP
Table 1. These are the same noise standards used by the FAA and
the State of California to identify compatible land uses near airports.
ii. The Project is located outside of the JWA single -event aircraft noise
contours. The detailed aircraft noise analysis completed as part of
the JWA GAIP EIR included analysis of single event aircraft noise.
This analysis included single event noise contours for the noisiest
aircraft making regular use of JWA.
iii. The Project includes a required measure notifying future residents.
The conditions of approval include notification measures, which
includes a measure requiring "Notice of Airport in Vicinity," to be
included in all lease/rental agreements and to post outdoor signage
informing the public of the presence of operating aircraft, which
demonstrates further compliance with the AELUP and efforts to
minimize potential future noise complaints.
iv. The General Plan Update ("GPU") in 2022 addresses noise, safety,
hazards, and other related impacts from development in the vicinity
of the Airport. Projects approved under the GPU would be required
to comply with FAA airspace protection regulations using the
AELUP consistency determination process.
V. The AELUP establishes aircraft noise exposure exterior noise level
compatibility thresholds for new development by land use category.
According to the exterior noise thresholds outlined in the AELUP,
multi -family residential development is considered normally
consistent with exterior noise levels of less than 60 dBA CNEL,
conditionally consistent with exterior noise levels between 60 and
65 dBA CNEL and normally inconsistent with exterior noise level
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 5 of 10
above 65 Dba CNEL. For commercial retail land use, exterior noise
levels are considered normally consistent with exterior noise levels
of less than 65 dBA CNEL and conditionally consistent with exterior
noise level above 65 dBA CNEL. The Project site is located outside
of both the airport's planned and actual 60 CNEL contours of JWA.
Therefore, according to the AELUP, the Project's residential, open
space, and commercial retail land uses are normally consistent with
JWA aircraft noise exposure exterior noise level compatibility
standards. Also, the airport related noise at the Project site does not
exceed the City's municipal code permissible noise levels.
Additionally, the County's General Aviation Noise Ordinance
prohibits commercial aircraft departures between the hours of 10.00
p.m. and 7.00 a.m. and arrivals between the hours of 11.00 p.m.
and 7.00 a.m. These restrictions substantially limit the aircraft noise
during the noise sensitive nighttime hours for residential use.
d. Safety. The residential and commercial land uses under the proposed
project are consistent with the safety standards of the AELUP. The Project
is not in any of the AELUP safety zones. The Project is located outside of
the runway protection zone ("RPZ"). The Project is located more than 0.40
miles from the outer edge of AELUP Zone 6, Traffic Pattern Zone as
depicted in Appendix D. Further, AELUP Appendix D states the "Basic
Compatibility Qualities" of Zone 6 as "Allow residential uses" and "Allow
most nonresidential uses."
Project is not in the JWA RPZ. The Project is located approximately
1.5 miles from the outer edge of the nearest JWA RPZ.
The FAA's Determinations of No Hazard to Air Navigation for the
Mixed -Use development structures are the only source of
authoritative, aviation safety findings regarding the project. The FAA
has conducted an aeronautical study (49 U.S.C. §44718 and 14
CFR Part 77) of the individual structures within the Specific Plan and
has issued its Determinations of No Hazard on September 6, 2024.
iii. In this case it is important to first establish what entity has authority
over the use of airspace over the project site. "The United States
Government has exclusive sovereignty of airspace of the United
States" (49 U.S.C. § 40103(a)(1)).
iv. In order to use this airspace, the FAA Administrator is responsible
for: (1) Plans and policy for the safe use of the navigable airspace
(49 U.S.C. § 40103(b)(1); and (2) "[R]egulations on the flight of
aircraft (including regulations on safe altitudes) for navigating,
protecting and identifying aircraft; protecting individuals and
property on the ground; using the navigable airspace efficiently; and
preventing collision between aircraft, between aircraft and land or
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 6 of 10
water vehicle, and between aircraft and airborne objects" (49 U.S.C.
§ 40103(b)(2)).
V. The FAA's aeronautical studies for project structures are the
definitive standard for assessing compliance with federal aviation
safety laws and regulations (49 U.S.C. § 77.1(c)). This federal
authority is recognized in State law (Cal. PUC §21240).
vi. The City of Santa Ana has the local police powers to control land
use on the site (Cal. Const., art. XI 11, § 7). This constitutional
authority is acknowledged in State law (PUC §21670 and
§21676) and the ALUC process (AELUP §4.11) allowing for
overrule of an ALUC finding of inconsistency.
vii. The other entities that have processed or commented on this project
have aviation safety duties and responsibilities related to this
matter. Each of these entities relies on or ultimately defers to the
FAA's authoritative aviation safety role in airspace determinations.
viii. The AELUP for JWA, Section 2.1.3 Building Height Restrictions
states, "In adopting criteria for building height restrictions in the
vicinities of airports, the Commission considered only one standard
and that was Federal Aviation Regulations Part 77 ([14 CFR] Part
77) entitled, Objects Affecting Navigable Airspace. "These
regulations are the only definitive standard available [emphasis
added] and the standard most generally used."
ix. Section 2.1.3 also recognizes FAA aeronautical studies beyond 14
CFR Part 77 surfaces as the standard for review, "In addition to the
`imaginary surfaces,' the Commission will use all of the FAR Part
77.23 standards along with the results of FAA aeronautical studies,
[emphasis added] or other studies deemed necessary by the
Commission, in order to determine if a structure is an `obstruction."'
This section goes on to state: The Commission considers and
recognizes the FAA as the single "Authority" for analyzing project
impact on airport or aeronautical operations, or navigational -aid
siting, including interference with navigational- aids or published
flight paths and procedures. The Commission also considers the
FAA as the "Authority" for reporting the results of such studies and
project analyses. The Commission will not consider the findings of
reports or studies conducted by parties other than the FAA unless
the FAA certifies and adopts such findings as true and correct.
X. Section 2.1.3 adds reference to FAA Advisory Circular 150/5190-
4A, A Model Zoning Ordinance to Limit Height of Objects Around
Airports for Commission Review. This FAA Advisory Circular
provides specific guidance for establishing zoning regulations along
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 7 of 10
with specific guidance on a "variance" process for potential
obstructions. At Section 3.b., "The Federal Aviation Administration
(FAA) conducts aeronautical studies on obstructions which examine
their effect on such factors as: aircraft operational capabilities;
electronic and procedural requirements; and, airport hazard
standards. If an aeronautical study shows that an obstruction,
when evaluated against these factors, has no substantial
adverse effect upon the safe and efficient use of navigable
airspace, then the obstruction is considered not to be a hazard
to air navigation [emphasis added]."
xi. Caltrans Division of Aeronautics — Caltrans publishes the California
Airport Land Use Planning Handbook ("Handbook") in accordance
with State Law with the purpose to, "provide information to ALUCs,
their staffs, airport proprietors, cities, counties, consultants, and the
public; to identify the requirements and procedures for preparing
effective compatibility planning documents; and define exemptions
where applicable (Caltrans, 2011)." The Handbook provides
specific guidance for assessing potential airspace obstructions in
Section 4.5 Airspace Protection.
xii. JWA — The FAA requires airport sponsors like Orange County to
accept specific grant assurances when they accept federal funding.
Hazard Removal and Mitigation and Compatible Land Use are two
of these assurances (49 U.S.C. § 47107(a)(9) and (10)). For hazard
removal, the Airport relies on the FAA's aeronautical study to meet
its requirement. For compatible land use, the Airport relies on
coordination with the surrounding cities and the ALUC. The
following are the specific assurances:
xiii. Hazard Removal and Mitigation. It will take appropriate action to
assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including
established minimum flight altitudes) will be adequately cleared and
protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
• The proposed Project would not result in hazards related
to excessive glare, light, steam, smoke, dust, or electronic
interference. Exterior lighting fixtures and security lighting
would be installed in accordance with the City's Municipal
Code Division 3, Building Security Regulations, which
includes specifications for shielding and intensity of
security lighting. In addition, the proposed Project would
not use highly reflective surfaces, and does not include
large areas of glass on the buildings. Therefore, the
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 8 of 10
proposed Project would not generate substantial sources
of glare.
• Operation of the proposed residential and commercial uses
would not generate substantial quantities of steam, smoke,
or dust emissions. Dust emissions are regulated by
Southern California Air Quality Management District
("SCAQMD") requirements and construction related air
quality emissions that could include steam, smoke, and
dust emissions would be less than significant with
implementation of the standard SCAQMD Rules.
• The proposed Project would include the use of typical
electronics, such as computers, televisions, and other
electronics with wireless capability. These types of
electronics are currently being used by the existing land
uses on the site, and other uses in the vicinity of the site.
The new residential and commercial uses on the site would
use similar technology that does not cause electronic
interference that could affect aircraft. Thus, impacts related
to electronic interference with operations of JWA would not
occur.
xiv. Compatible Land Use. It will take appropriate action, to the extent
reasonable, including the adoption of zoning laws, to restrict the use
of land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the Project is
for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce
its compatibility, with respect to the airport, of the noise compatibility
program measures upon which Federal funds have been expended.
e. Height. The residential and commercial land uses under the proposed
Project are consistent with the height standards of the AELUP. The
allowable height of structures surrounding an airport is described in FAR
Part 77 as the allowable height at which safe movement of aircraft occurs.
The regulation requires that notice be given to the FAA if there is a
proposal to construct a structure that would exceed a 100:1 slope of an
imaginary surface extending outward for 20,000 feet from the nearest
runway at JWA. Beyond the 100:1 imaginary surface, FAR Part 77 requires
notification to FAA for any project that will be more than 200 feet in height
above the ground level.
The proposed buildings associated with the Specific Plan would not
exceed the sloping, three-dimensional 100:1 (one percent sloping
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 9 of 10
surface from the nearest runway over 3,200 feet in actual length)
FAA notification surface to require the Filing of FAA Form 7460-1.
ii. The buildings exceeding 200 feet in height in the Specific Plan area
will not exceed the sloping, three-dimensional 50:1 FAA precision
instrument Approach Surface to JWA Runway 20R.
iii. Each future site -specific implementing development under the
Project will be required to be submitted through the City's
development review process, at which point if a specific building is
proposed within the FAA Notification Area that exceeds 200 feet in
height, FAA notification compliance would be required through the
development review process.
iv. In addition to requiring FAA notification for any buildings exceeding
200 feet in height within the Project area, AELUP and FAR Part 77
require an FAA aeronautical study to be conducted to ensure that
the proposed structures would not constitute a hazard to air
navigation.
f. Overflight. "Close to the JWA approach centerline" as identified by the
ALUC is neither an FAA nor an AELUP standard.
The FAA is the only authoritative source of aviation safety data and
the FAA does not have a "close to the JWA approach centerline"
standard.
ii. The AELUP clearly identifies its airport land use planning standards
around aircraft noise, safety, and height. Objective measures of
these standards are clearly identified in AELUP Section 2.1. The
Specific Plan is drafted to be consistent with each of these objective
standards.
iii. Two-dimensional flight tracks do nothing to inform the impact of
overflights. The ALUC provided limited arrival and departure flight
tracks in its ALUC staff report.
iv. Aircraft noise contours used to objectively measure noise impact
already assume flight tracks and actual operating conditions for a
full year including future operations. Limited information presented
within the staff report packet dated June 19, 2025 of arrival flight
tracks and limited information on departure flight tracks are not
representative of a general condition and are not substantive
evidence.
V. The project is located outside of the JWA single event noise
exposure areas documented in the JWA General Aviation
Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W.
Sunflower Avenue)
Page 10 of 10
Improvement Program EIR certified on June 25, 2019.
g. Heliports. Heliports are not a part of the Project.
h. Zone Change. The proposed zone change (amendment application) is
consistent with the objective AELUP aircraft noise, safety and height
standards and is therefore consistent with the larger planning role of the
ALUC. "Close to the JWA approach centerline" is not an FAA or an ALUC
standard.
There is no substantiation that overflights of new residents would
be disturbed or annoyed. The Project is located outside of the 60
dBA CNEL noise contour. As such, the Project would not add any
new residential or commercial noise impacts to the JWA 65 dBA
CNEL noise area.
ii. Flight tracks limited information was provided in the ALUC staff
report. f These flight tracks are not unique and are fully accounted
for in the one year of overflights used to measure CNEL noise
impacts associated with JWA.
iii. Flight tracks limited information for arrivals and departures are not
unique and are fully accounted for in the single -event noise
contours produced for the JWA GAIP EIR. The Project is located
outside of these single -event noise contours.
iv. Per Section 1.2 of the AELUP for JWA, the purpose of the AELUP
is to safeguard the general welfare of the inhabitants within the
vicinity of the airport and to ensure the continued operations of the
airport. The method by which the ALUC achieves this purpose is
through the application of the objective standards contained in
Section 2.1 of the AELUP. As demonstrated in the ALUC staff report
and, in these Findings, the Specific Plan and application for each
implementing project is and will be consistent with each of the
standards. As a result, the ALUC has met their duty under Section
1.2 by ensuring that the Specific Plan meets these standards.
V. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section
21674 charge the Commission to coordinate at the local level to
ensure compatible land use planning. The method by which the
ALUC achieves this charge is through the application of the
objective standards contained in Section 2.1 of the AELUP. As
demonstrated in the ALUC staff report and, in these Findings, the
Project is consistent with each of the standards. As a result, the
ALUC has met their duty under Section 2.1.4 and PUC Section
21674 by ensuring that the Project meets these standards.