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The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. <br />Sunflower Avenue) <br />September 16, 2025 <br />Page 21 <br />Deal Point <br />Ad Hoc Committee <br />Recommendation <br />Proposed by DA <br />must enter into a public access <br />is 3.9 acres more than the 7.5 acres being <br />easement for the publicly <br />proposed. However, the Project will remain <br />accessible open space, which <br />consistent with the General Plan pursuant <br />must be recorded against the <br />to Table OS-3 (Open Space Element <br />Property Site for the life of the <br />Implementation) of the General Plan, <br />Project. <br />Action Nos. 1.7 and 1.10. Action No. 1.7, <br />which recognizes the challenges and <br />difficulty in creating new open space and <br />parklands in a built -out environment and <br />provides for a reduction in on -site open <br />space by giving credits for park land for <br />public use as an incentive toward <br />developer creation of open space areas <br />that are accessible to the public. Action <br />No. 1.10 encourages collaboration with <br />property owners to provide public access <br />and programming on private open space. <br />Inclusionary Housing <br />Accept payment of $5 per <br />Applicant has agreed to these terms. <br />Fee <br />square feet of habitable space <br />Pursuant to SAMC Section 41-1903(a), the <br />Applicant has proposed a development <br />agreement to comply with Section 41-1904 <br />of the SAMC, allowing payment of in -lieu <br />fees. SAMC Section 41-1904 provides <br />options to satisfy the AHOCO, including <br />on -site units, off -site units, and payment of <br />in -lieu fees. For projects containing 20 or <br />more units, the in -lieu fee is as high as $15 <br />per square feet, but may be as low as $5 <br />per square feet if determined by a <br />development agreement or if using skilled <br />and trained workforce. The in -lieu fees for <br />the Project are estimated to be <br />$7,100,000. <br />Overrule of Airport Land Use Commission's Inconsistency Determination <br />Pursuant to Section 21676(b) of the PUC, on June 19, 2025, the ALUC for Orange County <br />held a public hearing on the Project and found the Project to be inconsistent with the <br />AELUP for JWA per: <br />• Section 2.1.3 of the AELUP for JWA which states that a Determination of No <br />Hazard to Air Navigation does not automatically equate to a Consistency <br />determination by the ALUC and that the Commission may find a project <br />Inconsistent based on an Obstruction determination; and <br />