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HomeMy WebLinkAboutItem 11 - Resolution to Provide Notice to the County of Orange Aiport Land Use Commision for the VillagePlanning and Building Agency .. www.santa-ana.org/pb Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 15, 2025 TOPIC: The Village Santa Ana Specific Plan — ALUC Overrule Initiation (1561 W. Sunflower Avenue) AGENDA TITLE Authorize the Planning Division to Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for The Village Santa Ana Specific Plan Located at 1561 W. Sunflower Avenue Currently Undergoing Public Review and Entitlements Processing with the City RECOMMENDED ACTION Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission's Determination of Inconsistency associated with the proposed The Village Santa Ana Specific Plan located at 1561 W. Sunflower Avenue and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation's Division of Aeronautics. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULLING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY ASSOCIATED WITH THE PROPOSED THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT LOCATED AT 1561 WEST SUNFLOWER AVENUE AND TO PROVIDE NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE COMMISSION'S DETERMINATION IN ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE AIRPORT LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL [includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.] The Village Santa Ana Specific Plan — ALUC Overrule Initiation (1561 W. Sunflower Avenue) July 15, 2025 Page 2 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Pursuant to Public Utility Code (PUC) Section 21676(b), prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the Orange County Airport Land Use Commission (ALUC) pursuant to Sections 21676 and 21676.5 of the PUC for the John Wayne Airport (JWA), the City shall first refer the proposed action to ALUC. If ALUC determines that the proposed action is inconsistent with the JWA Airport Environs Land Use Plan (AELUP), the City may, after a public hearing, propose to overrule the Commission's determination by a two-thirds vote of the City Council if it makes specific consistency findings in accordance with PUC Section 21670. Adhering to this procedure, it is standard practice for the City to refer projects governed by PUC Section 21676(b) under the AELUP to the ALUC for their review and determination during the project review phase. The City referred the proposed specific plan to ALUC for their review and determination because the project is located within the AELUP. On June 19, 2025, ALUC held a public hearing on the proposed project and found The Village Santa Ana Specific Plan to be inconsistent with the AELUP for JWA pursuant to AELUP Sections 2.1.3 and 3.2.1 and Public Utilities Code (PUC) Section 21674. These sections empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses" and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC's decision by following the procedure established in PUC sections 21676 and 21676.5. Before the decision to overrule the ALUC's Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process. The first step in the overrule process is to provide notice to ALUC and the California Department of Transportation (Caltrans) Division of Aeronautics of the City's intention to overrule the ALUC's determination by providing the two agencies with a Notice of Intent at least 45 days in advance of the overruling action by the City Council. In turn, ALUC may provide comments to the City Council within 30 days of receiving the Notice of Intent. If ALUC's comments are not available within this time limit, the City Council may act without them. The comments by ALUC are advisory to the City Council. However, should comments be received, the City Council must include comments from ALUC in the public record of any final decision to overrule ALUC. The second step in the overrule process is to conduct a The Village Santa Ana Specific Plan — ALUC Overrule Initiation (1561 W. Sunflower Avenue) July 15, 2025 Page 3 public hearing through which the City Council needs to make specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670. The City Council's adoption of this resolution is procedural and does not constitute the project's approval, nor does it predispose the City's future action on the project or the decision to overrule or not. Following the date of adoption of the resolution, there is no maximum time limit by which the City Council must hold the public hearing on the proposed project and overrule the ALUC's determination. As a result, the recommendation to approve the resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission's Determination of Inconsistency does not set forth any required timeframes for future hearing dates and actions. ENVIRONMENTAL IMPACT The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as the proposed action will not have a significant effect on the environment. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution Authorizing Staff to Provide Notice of Intent to Overrule 2. Draft Notice of Intent with Findings to Overrule ALUC's Determination Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency Approved By: Alvaro Nunez, City Manager VX:to] Itol1[0]01101 Eel W�in,W1#1WN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMM ISSION'SDETERMINATION OF INCONSISTENCY ASSOCIATED WITH THE PROPOSED THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT LOCATED AT 1561 WEST SUNFLOWER AVENUE AND TO PROVIDE NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE COMMISSION'S DETERMINATION IN ACCORDANCE WITH SECTION 21676(B) OF THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE AIRPORT LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On June 19, 2025, the County of Orange Airport Land Use Commission (ALUC) held a public hearing on the above -referenced project and found the proposed The Village Santa Ana Specific Plan ("Project") located at 1561 West Sunflower Avenue to be inconsistent with the 2008 Airport Environs Land Use Plan ("AELUP") for John Wayne Airport ("JWA") pursuant to AELUP Sections 2.1.3 and 3.2.1 and Public Utilities Code ("PUC") Section 21674. B. PUC Section 21674 empowers the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." C. As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC's decision by following the Resolution No. 2025-XXX Page 1 of 4 procedure established in PUC sections 21676 and 21676.5. Before the decision to overrule the ALUC's Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process. D. At least 45 days prior to any decision to overrule ALUC, the governing body shall provide ALUC and the State Department of Transportation (Caltrans) Division of Aeronautics a copy of the proposed decision to overrule along with supportive findings. ALUC may provide comments to the City Council within 30 days of receiving the proposed decision and findings. If ALUC's comments are not available within this time limit, the City Council may act without them. Should comments be received, the City Council must include the comments from ALUC in the public record of any final decision to overrule ALUC. This decision shall be determined at a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670. E. Staff is hereby directed to conduct further studies as necessary in order to draft and provide notice of the findings in support of the overrule. The 45-day period will begin after staff has forwarded the intent to overrule along with the supportive findings. F. The Council's adoption of this Resolution is procedural and does not constitute the proposed Project's approval nor does it predispose the City's future action on the Project or any decision to overrule. G. Should the Council adopt this Resolution directing staff to conduct further studies as necessary in order to make the findings in support of the overrule, a public hearing will be required for Council consideration of the final supplemental environmental impact report, and any associated entitlement applications, for the Project. Section 2. The City Council finds that the requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15061(b)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the City's proposal to overrule the ALUC's determination and does not commit the City to approve the Project. Concurrent with the review of the proposed Specific Plan, supplemental Environmental Impact Report No. 2025-01 (State Clearinghouse No. 2020029087) has been prepared for the proposed Specific Plan as a whole and will be presented to the City Council for consideration, along with the requested zoning ordinance amendment and amendment application, at a future hearing date. Resolution No. 2025-XXX Page 2 of 4 Section 3. The City Council directs staff to forward a letter to the ALUC and Caltrans Division of Aeronautics, indicating the City of Santa Ana's intent to overrule ALUC's determination of inconsistency for the Project. Section 4. The City Council directs staff to conduct further studies, as necessary, in order to prepare and forward findings to the ALUC and Caltrans Division of Aeronautics in support of the City's intent to overrule the ALUC's determination that the proposed Project is inconsistent with the JWA AELUP. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Melissa M. Crosthwaite Senior Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2025-XXX Page 3 of 4 I, Jennifer L. 2025-XXX to Ana on Date: CERTIFICATE OF ATTESTATION AND ORIGINALITY Hall, City Clerk, do hereby attest to and certify the attached Resolution No. be the original resolution adopted by the City Council of the City of Santa , 2025. City Clerk City of Santa Ana Resolution No. 2025-XXX Page 4 of 4 MAYOR Valerie Amezcua MAYOR PRO TEM Benjamin Vazquez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan July XX, 2025 CITY OF SANTA ANA PLANNING AND BUILDING AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.orq Julie Fitch, Executive Officer Orange County Airport Land Use Commission 3160 Airway Avenue Costa Mesa, CA 92626 CITY MANAGER Alvaro Nunez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Also sent via email to: ifitch ocair.com RE: NOTICE OF INTENT TO OVERRULE THE DETERMINATION OF INCONSISTENCY FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROPOSED AT 1561 WEST SUNFLOWER AVENUE The purpose of this letter is to inform you of the City of Santa Ana's intention to recommend that the Santa Ana City Council adopt the attached findings to overrule the June 19, 2025, Airport Land Use Commission's ("ALUC") determination of inconsistency for the Village Santa Ana Specific Plan ("Project") with the Airport Environs Land Use Plan ("AELUP") for John Wayne Airport ("JWA"). On July 15, 2025, the Santa Ana City Council met and (1) approved issuing a Notice of Intent to Overrule and (2) determined to give notice to the ALUC of its decision to overrule as required by California Public Utilities Code ("PUC") Section 216761 Pursuant to PUC Section 21676, the City hereby respectfully gives proper notice of its intention to overrule and submits the attached draft findings (attached hereto as Exhibit A) for review. PUC Section 216761 requires that a public agency making a decision to overrule shall give notice to the California Department of Transportation (Caltrans), Aeronautics Division, and ALUC at least 45 days prior to the final decision to overrule. After notification, Caltrans and ALUC have 30 days from the receipt of notice to provide advisory comments to the City. The City looks forward to receiving comments within the timeframes mandated by the PUC. At this time, the proposed Project has not been scheduled for public hearing before the Santa Ana City Council. SANTA ANA CITY COUNCIL Valerie Amezcua Benjamin Vazquez Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem -Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 yamezcuao,santa-ana.orq byazggeZ(C71 santa-anaArq tphan(a7 santa-ana.orq I essielopeZ(C7lsanta-ana.orq pbacerra(Qisanta-ana.orq Ward dpenaloza(csanta-ana.orq Notice of Intent to Overrule & Draft Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) July XX, 2025 Page 2 of 2 Should you have any questions regarding this notice and/or on the proposed Project, please feel free to contact me by phone at (714) 647-5481 or by email at JGuevaraCa7santa-ana.org. Thank you for your prompt attention on this matter. Sincerely, Jerry C. Guevara, AICP Senior Planner Exhibit: A: Draft Findings to Overrule ALUC's Determination Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 1 of 10 A. The City of Santa Ana is required to provide findings supporting the overrule of the Orange County Airport Land Use Commission ("ALUC") determination as required in the California Public Utilities Code ("PUC") Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on The Village Santa Ana Specific Plan Project ("Project") at the northeast corner of West Sunflower Avenue and Bear Street, transected by South Plaza Drive (1561 W. Sunflower Avenue ("Project Street")) and related zoning change (amendment application) are consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670. B. The proposed Project provides for the orderly development of John Wayne Airport ("JWA"), and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. This Project would not add any new residential or commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level ("CNEL") noise area. C. It is in the public interest to provide for the orderly development of each public use airport in the State of California ("State") and the area surrounding these airports so as to promote the overall goals and objectives of the State airport noise standards adopted pursuant to PUC Section 21669 and to prevent the creation of new noise and safety problems. D. To provide for the orderly development of JWA and the area surrounding the airport, the ALUC adopted the 2008 Airport Environs Land Use Plan ("AELUP") on April 17, 2008. The AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). E. The ALUC is required to use the State Airport Land Use Planning Handbook ("Handbook") that was updated by the California Department of Transportation, Division of Aeronautics ("Caltrans") in 2011. The AELUP for JWA has not been updated to incorporate the Handbook nor has it been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report ("EIR") certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Program ("GAIP"). Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 2 of 10 F. As the Project proposes a zone change and adoption of a Specific Plan, and pursuant to PUC Section 21676, the City of Santa Ana referred the proposed Project to the ALUC for review. G. The ALUC has adopted FAR Part 77 as the criteria for determining height restrictions in Orange County. FAR Part 77 requires notification to the Federal Aviation Administration ("FAA") for any project that would be more than 200 feet in height above ground level or within the imaginary surface of a 100:1 slope extending outward for 20,000 feet from the nearest runway. The Project Site is located within the 206-foot-high imaginary surface area for JWA, thus requiring FAA notification. The proposed mixed -use buildings that are a part of the Project would be a maximum of 25 stories high, with the tallest point on the buildings being 315 feet above the existing ground level. H. On June 19, 2025, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP. The ALUC staff report for that hearing found that the proposed Project is consistent with AELUP issues of aircraft noise, flight tracks and safety, and heliports. The staff report noted that with regard to AELUP issues of 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. 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. J. 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. K. 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. Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 3 of 10 L. 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: a. The ALUC lacks evidence of the Project's inconsistency with the AELUP. The proposed zone change under the Project allows establishment of a specific plan, which 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. Moreover, during the June 19, 2025 ALUC hearing on the Project, ALUC staff incorrectly described the City of Santa Ana's General Plan Update as belonging to the City of Costa Mesa, and the project site was incorrectly described as being at the northwest corner of Plaza Drive and Sunflower Avenue. During the ALUC hearing, ALUC Commissioners and ALUC staff referred to dated information about the effect of existing and planned tall buildings in the Airport vicinity on instrument procedures and aircraft on instrument approaches and departures to and from the airport. In 2009, the FAA implemented state-of-the-art, precision Global Positioning Satellite (GPS) procedures using Area Navigation (RNAV) technology to improve access to the airport in poor weather conditions. These procedures consider existing tall buildings in the vicinity of the airport along with high terrain north of the airport for the entire fleet of aircraft that use the airport. Further, the FAA's study of the Project included a review of the proposed 25-story buildings, in context with both existing and proposed tall buildings, existing and proposed approach and departure procedures, and the entire fleet of aircraft making use of the airport. The FAA, based on its aeronautical study and public circularization to airlines serving the airport, and all aeronautical users including airport operations staff, issued Determinations of No Hazard to Air Navigation on September 6, 2024. Despite the FAA's study, its circularization and its determination of no hazard, the ALUC found the project inconsistent based on an "obstruction" determination. No evidence of a substantial aeronautical impact of an obstruction was provided by the ALUC. b. 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, FAA notification requirements for buildings exceeding 200 feet in height, and that the Final Supplemental Environmental Impact Report ("SEIR") for the Project would contain a mitigation measure requiring "Notice of Airport in Vicinity," to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. Despite this information, the ALUC voted to find the Project inconsistent per section 2.1.3 and 3.2.1 of the AELUP. Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 4 of 10 C. Noise. The residential and commercial land uses under the proposed Project are consistent with the aircraft noise standards of the AELUP. The Project is located outside of the JWA 60 to 65 dBA CNEL aircraft noise contours. Aircraft noise analysis was completed in the Project's SEIR (State Clearinghouse No. 2020029087) and presented at the ALUC hearing. The JWA GAIP EIR also contains noise analysis demonstrating that the Project is outside of the 60 dBA CNEL noise contour. This noise analysis is based on one year's worth of aircraft operations in all runway operating configurations for both existing aircraft fleet mixes and future fleet forecasts. This analysis includes the time of day of all operations and includes noise penalties for evening (7 p.m. to 10 p.m.) and night (10 p.m. to 7 a.m.) aircraft operations of five and ten decibels per operation. Residential land uses are normally consistent in areas impacted by aircraft noise up to 60 dBA CNEL and commercial land uses up to 65 dBA CNEL as shown in the AELUP Table 1. These are the same noise standards used by the FAA and the State of California to identify compatible land uses near airports. ii. The Project is located outside of the JWA single -event aircraft noise contours. The detailed aircraft noise analysis completed as part of the JWA GAIP EIR included analysis of single event aircraft noise. This analysis included single event noise contours for the noisiest aircraft making regular use of JWA. iii. The Project includes a required measure notifying future residents. The conditions of approval include notification measures, which includes a measure requiring "Notice of Airport in Vicinity," to be included in all lease/rental agreements and to post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and efforts to minimize potential future noise complaints. iv. The General Plan Update ("GPU") in 2022 addresses noise, safety, hazards, and other related impacts from development in the vicinity of the Airport. Projects approved under the GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. V. The AELUP establishes aircraft noise exposure exterior noise level compatibility thresholds for new development by land use category. According to the exterior noise thresholds outlined in the AELUP, multi -family residential development is considered normally consistent with exterior noise levels of less than 60 dBA CNEL, conditionally consistent with exterior noise levels between 60 and 65 dBA CNEL and normally inconsistent with exterior noise level Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 5 of 10 above 65 Dba CNEL. For commercial retail land use, exterior noise levels are considered normally consistent with exterior noise levels of less than 65 dBA CNEL and conditionally consistent with exterior noise level above 65 dBA CNEL. The Project site is located outside of both the airport's planned and actual 60 CNEL contours of JWA. Therefore, according to the AELUP, the Project's residential, open space, and commercial retail land uses are normally consistent with JWA aircraft noise exposure exterior noise level compatibility standards. Also, the airport related noise at the Project site does not exceed the City's municipal code permissible noise levels. Additionally, the County's General Aviation Noise Ordinance prohibits commercial aircraft departures between the hours of 10.00 p.m. and 7.00 a.m. and arrivals between the hours of 11.00 p.m. and 7.00 a.m. These restrictions substantially limit the aircraft noise during the noise sensitive nighttime hours for residential use. d. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the AELUP. The Project is not in any of the AELUP safety zones. The Project is located outside of the runway protection zone ("RPZ"). The Project is located more than 0.40 miles from the outer edge of AELUP Zone 6, Traffic Pattern Zone as depicted in Appendix D. Further, AELUP Appendix D states the "Basic Compatibility Qualities" of Zone 6 as "Allow residential uses" and "Allow most nonresidential uses." Project is not in the JWA RPZ. The Project is located approximately 1.5 miles from the outer edge of the nearest JWA RPZ. The FAA's Determinations of No Hazard to Air Navigation for the Mixed -Use development structures are the only source of authoritative, aviation safety findings regarding the project. The FAA has conducted an aeronautical study (49 U.S.C. §44718 and 14 CFR Part 77) of the individual structures within the Specific Plan and has issued its Determinations of No Hazard on September 6, 2024. iii. In this case it is important to first establish what entity has authority over the use of airspace over the project site. "The United States Government has exclusive sovereignty of airspace of the United States" (49 U.S.C. § 40103(a)(1)). iv. In order to use this airspace, the FAA Administrator is responsible for: (1) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1); and (2) "[R]egulations on the flight of aircraft (including regulations on safe altitudes) for navigating, protecting and identifying aircraft; protecting individuals and property on the ground; using the navigable airspace efficiently; and preventing collision between aircraft, between aircraft and land or Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 6 of 10 water vehicle, and between aircraft and airborne objects" (49 U.S.C. § 40103(b)(2)). V. The FAA's aeronautical studies for project structures are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law (Cal. PUC §21240). vi. The City of Santa Ana has the local police powers to control land use on the site (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §21670 and §21676) and the ALUC process (AELUP §4.11) allowing for overrule of an ALUC finding of inconsistency. vii. The other entities that have processed or commented on this project have aviation safety duties and responsibilities related to this matter. Each of these entities relies on or ultimately defers to the FAA's authoritative aviation safety role in airspace determinations. viii. The AELUP for JWA, Section 2.1.3 Building Height Restrictions states, "In adopting criteria for building height restrictions in the vicinities of airports, the Commission considered only one standard and that was Federal Aviation Regulations Part 77 ([14 CFR] Part 77) entitled, Objects Affecting Navigable Airspace. "These regulations are the only definitive standard available [emphasis added] and the standard most generally used." ix. Section 2.1.3 also recognizes FAA aeronautical studies beyond 14 CFR Part 77 surfaces as the standard for review, "In addition to the `imaginary surfaces,' the Commission will use all of the FAR Part 77.23 standards along with the results of FAA aeronautical studies, [emphasis added] or other studies deemed necessary by the Commission, in order to determine if a structure is an `obstruction."' This section goes on to state: The Commission considers and recognizes the FAA as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational -aid siting, including interference with navigational- aids or published flight paths and procedures. The Commission also considers the FAA as the "Authority" for reporting the results of such studies and project analyses. The Commission will not consider the findings of reports or studies conducted by parties other than the FAA unless the FAA certifies and adopts such findings as true and correct. X. Section 2.1.3 adds reference to FAA Advisory Circular 150/5190- 4A, A Model Zoning Ordinance to Limit Height of Objects Around Airports for Commission Review. This FAA Advisory Circular provides specific guidance for establishing zoning regulations along Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 7 of 10 with specific guidance on a "variance" process for potential obstructions. At Section 3.b., "The Federal Aviation Administration (FAA) conducts aeronautical studies on obstructions which examine their effect on such factors as: aircraft operational capabilities; electronic and procedural requirements; and, airport hazard standards. If an aeronautical study shows that an obstruction, when evaluated against these factors, has no substantial adverse effect upon the safe and efficient use of navigable airspace, then the obstruction is considered not to be a hazard to air navigation [emphasis added]." xi. Caltrans Division of Aeronautics — Caltrans publishes the California Airport Land Use Planning Handbook ("Handbook") in accordance with State Law with the purpose to, "provide information to ALUCs, their staffs, airport proprietors, cities, counties, consultants, and the public; to identify the requirements and procedures for preparing effective compatibility planning documents; and define exemptions where applicable (Caltrans, 2011)." The Handbook provides specific guidance for assessing potential airspace obstructions in Section 4.5 Airspace Protection. xii. JWA — The FAA requires airport sponsors like Orange County to accept specific grant assurances when they accept federal funding. Hazard Removal and Mitigation and Compatible Land Use are two of these assurances (49 U.S.C. § 47107(a)(9) and (10)). For hazard removal, the Airport relies on the FAA's aeronautical study to meet its requirement. For compatible land use, the Airport relies on coordination with the surrounding cities and the ALUC. The following are the specific assurances: xiii. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. • The proposed Project would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference. Exterior lighting fixtures and security lighting would be installed in accordance with the City's Municipal Code Division 3, Building Security Regulations, which includes specifications for shielding and intensity of security lighting. In addition, the proposed Project would not use highly reflective surfaces, and does not include large areas of glass on the buildings. Therefore, the Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 8 of 10 proposed Project would not generate substantial sources of glare. • Operation of the proposed residential and commercial uses would not generate substantial quantities of steam, smoke, or dust emissions. Dust emissions are regulated by Southern California Air Quality Management District ("SCAQMD") requirements and construction related air quality emissions that could include steam, smoke, and dust emissions would be less than significant with implementation of the standard SCAQMD Rules. • The proposed Project would include the use of typical electronics, such as computers, televisions, and other electronics with wireless capability. These types of electronics are currently being used by the existing land uses on the site, and other uses in the vicinity of the site. The new residential and commercial uses on the site would use similar technology that does not cause electronic interference that could affect aircraft. Thus, impacts related to electronic interference with operations of JWA would not occur. xiv. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the Project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. e. Height. The residential and commercial land uses under the proposed Project are consistent with the height standards of the AELUP. The allowable height of structures surrounding an airport is described in FAR Part 77 as the allowable height at which safe movement of aircraft occurs. The regulation requires that notice be given to the FAA if there is a proposal to construct a structure that would exceed a 100:1 slope of an imaginary surface extending outward for 20,000 feet from the nearest runway at JWA. Beyond the 100:1 imaginary surface, FAR Part 77 requires notification to FAA for any project that will be more than 200 feet in height above the ground level. The proposed buildings associated with the Specific Plan would not exceed the sloping, three-dimensional 100:1 (one percent sloping Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 9 of 10 surface from the nearest runway over 3,200 feet in actual length) FAA notification surface to require the Filing of FAA Form 7460-1. ii. The buildings exceeding 200 feet in height in the Specific Plan area will not exceed the sloping, three-dimensional 50:1 FAA precision instrument Approach Surface to JWA Runway 20R. iii. Each future site -specific implementing development under the Project will be required to be submitted through the City's development review process, at which point if a specific building is proposed within the FAA Notification Area that exceeds 200 feet in height, FAA notification compliance would be required through the development review process. iv. In addition to requiring FAA notification for any buildings exceeding 200 feet in height within the Project area, AELUP and FAR Part 77 require an FAA aeronautical study to be conducted to ensure that the proposed structures would not constitute a hazard to air navigation. f. Overflight. "Close to the JWA approach centerline" as identified by the ALUC is neither an FAA nor an AELUP standard. The FAA is the only authoritative source of aviation safety data and the FAA does not have a "close to the JWA approach centerline" standard. ii. The AELUP clearly identifies its airport land use planning standards around aircraft noise, safety, and height. Objective measures of these standards are clearly identified in AELUP Section 2.1. The Specific Plan is drafted to be consistent with each of these objective standards. iii. Two-dimensional flight tracks do nothing to inform the impact of overflights. The ALUC provided limited arrival and departure flight tracks in its ALUC staff report. iv. Aircraft noise contours used to objectively measure noise impact already assume flight tracks and actual operating conditions for a full year including future operations. Limited information presented within the staff report packet dated June 19, 2025 of arrival flight tracks and limited information on departure flight tracks are not representative of a general condition and are not substantive evidence. V. The project is located outside of the JWA single event noise exposure areas documented in the JWA General Aviation Exhibit A: Draft ALUC Overrule Findings — The Village Santa Ana Specific Plan (1561 W. Sunflower Avenue) Page 10 of 10 Improvement Program EIR certified on June 25, 2019. g. Heliports. Heliports are not a part of the Project. h. Zone Change. The proposed zone change (amendment application) is consistent with the objective AELUP aircraft noise, safety and height standards and is therefore consistent with the larger planning role of the ALUC. "Close to the JWA approach centerline" is not an FAA or an ALUC standard. There is no substantiation that overflights of new residents would be disturbed or annoyed. The Project is located outside of the 60 dBA CNEL noise contour. As such, the Project would not add any new residential or commercial noise impacts to the JWA 65 dBA CNEL noise area. ii. Flight tracks limited information was provided in the ALUC staff report. f These flight tracks are not unique and are fully accounted for in the one year of overflights used to measure CNEL noise impacts associated with JWA. iii. Flight tracks limited information for arrivals and departures are not unique and are fully accounted for in the single -event noise contours produced for the JWA GAIP EIR. The Project is located outside of these single -event noise contours. iv. Per Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operations of the airport. The method by which the ALUC achieves this purpose is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Specific Plan and application for each implementing project is and will be consistent with each of the standards. As a result, the ALUC has met their duty under Section 1.2 by ensuring that the Specific Plan meets these standards. V. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The method by which the ALUC achieves this charge is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Project is consistent with each of the standards. As a result, the ALUC has met their duty under Section 2.1.4 and PUC Section 21674 by ensuring that the Project meets these standards.