Resolution No. 2025-XXX
RESOLUTION NO. 2025-XXX
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
COMMISSION’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 P RIOR
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 empower s 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 l ocal 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 Counci l may choose to overrule the ALUC ’s decision by following the
Resolution No. 2025-XXX
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, alo ng with the requested zoning ordinance amendment and amendment application, at a future hearing date.
Resolution No. 2025-XXX
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
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2025-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2025.
Date:
City Clerk
City of Santa Ana