Item 28 - Public Hearing - Amendment Application for the Village Santa Ana Specific Plan

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The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) September 16, 2025 Page 22 • 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. On August 12, 2025, Caltrans Division of Aeronautics responded to the City's Notice of Intent, attached hereto as Exhibit 13 for City Council's review and consideration, and on August 15, 2025, ALUC responded to the City's Notice of Intent, attached hereto as Exhibit 14 for City Council's review and consideration. 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 objectives of the California noise standards... and to prevent the creation of new noise and safety problems." Based on staff's review of the Project, the Project will not adversely impact the operations of the airport, the future development plans that exists for the airport, the approaches to the airport runways, create noise concerns, or create public health, safety, or welfare concerns. Additionally, the Project falls within a level of acceptable risk considered to be a community norm. Multiple taller structures than those proposed in the Project Site exist closer to the airport and its runways, notably in the cities of Costa Mesa, Irvine, and Newport Beach. Out of an abundance of caution and consistent with past practice, the Applicant will be required to record an avigation/aviation easement with both the County