2025-043 - Overruling the Orange County Airport Land Use Commission's

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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. J. 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. K. 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. L. 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. M. 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. Ill. FINDINGS OF FACT A. The Village Santa Ana Specific Plan Project. The Project consists of a specific plan for a 17.2-acre site to allow for up to 1 ,583 residential units (encompassing approximately 1,850,000 square feet of building space), 80,000 square feet of retail space, 300,000 square feet of office space, and over 7.5 acres of common open space. The Project requires discretionary approval of a tentative tract map, amendment application (zone change) for a specific plan, development agreement. The specific plan 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. B. The comments in ALUC's staff report and ALUC's determination of.inconsistency found the Project inconsistent with AELUP for JWA per Section 3.2.1 because the 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. C. 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, and FAA notification requirements for buildings exceeding 200 feet in Resolution No. 2025-043 Page 8 of 20