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R AIRPORT LAND USE COMMISSION <br />ORANGE CO[�NTY <br />FOR ORANGE COUNTY <br />.411U 3160 Airway Avenue • Costa Mesa, California 92626 - 949.2S2.5170 fax: 949.252.6012 <br />August 15, 2025 <br />Jerry C. Guevara, AICP <br />Senior Planner <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />Subject: Response to Notice of Intent to Overrule the ALUC's June 19, 2025 <br />Inconsistent Determination for Village Santa Ana Specific Plan <br />Dear Mr. Guevara, <br />We are in receipt of your July 16, 2025 letter notifying the Airport Land Use Commission <br />(ALUC) of the City of Santa Ana's intent to overrule ALUC's June 19, 2025 determination on <br />the proposed Village Santa Ana Specific Plan. In accordance with Section 21676 of the Public <br />Utilities Code, the ALUC submits the following comments addressing the Notice Of Intent <br />(NOI) to Overrule and the draft findings for the above -referenced project. These comments <br />shall be included in the public record of a final decision to overrule the ALUC. <br />Please be advised that California Public Utilities Code (PUC) Section 21678 states: "With <br />respect to a publicly owned airport that a public agency does not operate, if the public agency <br />pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or <br />recommendation, the operator of the airport shall be immune from liability for damages to <br />property or personal injury caused by or resulting directly or indirectly from the public agency's <br />decision to overrule the commission's action or recommendation." <br />Background <br />On June 19, 2025, the ALUC for Orange County found the proposed Village Santa Ana Specific <br />Plan to be inconsistent with the Airport Environs Land Use Plan (AELUP) for John Wayne <br />Airport (JWA) on a 4-0 vote. The inconsistent finding was based on AELUP Sections 2.1.3 and <br />3.2.1. Section 2.1.3 of the AELUP indicates that a Determination of No Hazard to Air <br />Navigation does not automatically equate to a Consistency determination by the ALUC. Section <br />3.2.1 states, "within the boundaries of the AELUP, any land use may be found to be inconsistent <br />with the AELUP which ... permits structures of excessive height in areas which would affect <br />adversely the continued operation of the airport; or pen -nits activities or facilities that would <br />affect adversely aeronautical operations." The proposed Village Santa Ana Specific Plan would <br />