Planning 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
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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
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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 Nuñez, City Manager