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The Village Santa Ana Specific Plan Entitlements & Development Agreement (1561 W. Sunflower Avenue) August 11, 2025 Page 19 Deal Point Ad Hoc Committee Recommendation Proposed by DA the Project are estimated to be $7,100,000. Overrule of Airport Land Use Commission’s Inconsistency Determination Pursuant to Section 21676(b) of the PUC, on June 19, 2025, the ALUC for Orange County held a public hearing on the Project and found the Project to be inconsistent with the AELUP for JWA per: • Section 2.1.3 of the AELUP for JWA 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 for JWA 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 permits activities or facilities that would affect adversely aeronautical operations.” As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's determination of inconsistency by following the procedure established in PUC sections 21676 and 21676.5. As part of the GPU, the City Council adopted a resolution on April 19, 2022, in accordance with the procedure established in PUC sections 21676 and 21676.5 to overrule the ALUC’s finding that the GPU was inconsistent with the AELUP for JWA. The action to overrule the ALUC’s decision on the GPU was based on the desire to advance the vision for the South Bristol Street and 55 Freeway/Dyer Road focus areas, which envision a dynamic, mixed-use environment with building heights and massing ranging from six to 25 stories. At their July 15, 2025 meeting, City Council authorized staff to initiate the process for the City Council to consider the Project and to propose overriding the determination made by the ALUC by (1) issuing a Notice of Intent to Overrule and (2) giving notice to the ALUC of its decision to overrule as required by PUC Section 21676(b). On July 16, 2025, the Planning Division provided a Notice of Intent to Overrule the Commission’s determination with findings to the ALUC and Caltrans Division of Aeronautics. PUC Section 21676 permits the City Council, by a two-thirds vote of the members constituting a quorum, to overrule the ALUC’s determination if it finds that the proposed project is consistent with the purposes of the State Aeronautics Act. The Act states: “It is the public interest to provide for the orderly development of each public use airport in this State and the area surrounding these airports so as to promote the overall goals and