AIRPORT LAND USE COMMISSION
ORANGE COUNTY
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 ALUC
August 15, 2025
Jerry C. Guevara, AICP
Senior Planner
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: Response to Notice of Intent to Overrule the ALUC's June 19, 2025 Inconsistent Determination for Village Santa Ana Specific Plan Dear Mr. Guevara,
We are in receipt of your July 16, 2025 letter notifying the Airport Land Use Commission (ALUC) of the City of Santa Ana's intent to overrule ALUC's June 19, 2025 determination on the proposed Village Santa Ana Specific Plan. In accordance with Section 21676 of the Public Utilities Code, the ALUC submits the following comments addressing the Notice Of Intent (NOI) to Overrule and the draft findings for the above-referenced project. These comments shall be included in the public record of a final decision to overrule the ALUC.
Please be advised that California Public Utilities Code (PUC) Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation." Background
On June 19, 2025, the ALUC for Orange County found the proposed Village Santa Ana Specific Plan to be inconsistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) on a 4-0 vote. The inconsistent finding was based on AELUP Sections 2.1.3 and
3.2.1. Section 2.1.3 of the AELUP indicates that a Determination of No Hazard to Air Navigation does not automatically equate to a Consistency determination by the ALUC. Section
3.2.1 states, "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 permits activities or facilities that would affect adversely aeronautical operations." The proposed Village Santa Ana Specific Plan would allow buildings up to 25 stories and/or 315 feet which would penetrate the Part 77 Horizontal Obstruction Imaginary Surface for JWA.
ALUC has the following additional comments regarding the Draft ALUC Overrule Findings that were attached to the July 16, 2025 letter.
Response to Finding and Fact in Support "a" - Regarding Height:
The City contends that the ALUC lacks evidence of the project's inconsistency with the AELUP, citing three factors: (1) the proposed zone change would establish a specific plan without defining the exact locations and heights of individual developments; (2) Commissioners and staff relied on outdated information about tail buildings and instrument procedures; and (3) despite the FAA Determinations of No Hazard, the ALUC found the project inconsistent based on an "obstruction" determination. The findings mention an ALUC staff reference to another city during the ALUC meeting, but this inadvertent reference was corrected by staff during the meeting.
The proposed specific plan would allow for buildings with residential uses up to 25 stories and 315 feet in height, which would penetrate the 206 feet Horizontal Surface for JWA regardless of where they are located within the specific plan boundaries. Such structures have potential to adversely impact the continued operation of the airport and other aeronautical operations. The applicant, South Coast Plaza, filed FAA Form 7460-1 notices for eight buildings up to 279 feet tall-below the proposed maximum height of 315 feet. While the FAA issued determinations of no hazard for eight buildings proposed up to 279 feet tall, it also found four buildings to be obstructions under Part 77 standards, exceeding Obstruction Imaginary Surfaces by 26 to 107 feet. Although the project site's location was incorrectly referred to in the staff presentation to the Commission, the location was accurately described in the written staff report and was promptly corrected during the proceedings.
Response to Fact in Support "b" - Regarding Mitigation Measures:
The City states that during the June 19, 2025 meeting, City staff and the project applicant provided additional information indicating that the City will review projects about the nature rises incite vicinity, A nomention price eil for bring inferenting 200 cit in high. 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 o ›perating aircraft. The City asserts that these measures would demonstrate further compliance with the AELUP and to minimize potential future noise complaints. The ALUC appreciates the inclusion of these mitigation measures, however the ALUC determination was based on the fact that the proposed specific plan would allow for buildings with residential uses up to 25 stories and above 315 feet in height which would not only be an Obstruction under Part 77 but could pose a public safety issue and impact the operations of the airport and aeronautical operations, by allowing development to enter airspace reserved for air navigation.
Village Santa Ana Specific Plan
August 15, 2025
Response to Fact in Support "c" - Regarding Noise:
The City states that because the project is located outside of the 60 and 65 dBA CNEL noise contours, and because mitigation measures will be required that the project is consistent with the AELUP. While the ALUC appreciates that the project will not place residents within the 60 and 65 dBA noise contours, noise was not a factor in ALUC's determination of inconsistency.
Response to Fact in Support "d" - Regarding Safety:
The City states that because the project is outside of the Safety Zones and runway protection zone for JWA, and because the City will require FAA Determinations of No Hazard to Air Navigation that the project is consistent with the AELUP. The applicant, South Coast Plaza, filed Notices of Proposed Construction or Alteration (FAA Form 7460-1) for eight buildings in the project area with heights up to 279 feet above ground level, which is less than the proposed maximum height of 315 feet. On September 6, 2004, the FAA issued Determinations of No Hazard to Air Navigation for all thirty-seven 7460-1's submitted for the project. However, FAA determined that four of the buildings would be Obstructions under Part 77 standards and would exceed the Obstruction Surfaces by 26 to 107 feet. In addition, the FAA conditioned that the buildings be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 M, Obstruction Marking and Lighting.
Section 3.2,1 of the AELUP states, "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 permits activities or facilities that would affect adversely aeronautical operations." Moreover, a finding of No Hazard to Air Navigation from the FAA does not equate to a consistency determination by the ALUC. The ALUC may find a project inconsistent based on other determinations. The ALUC may also utilize criteria for protecting aircraft traffic patterns at airports which may differ from those contained in Part 77, if evidence of health, welfare, or air safety justify such an action.
Response to Fact in Support "e" - Regarding Height:
The proposed project area is located within the FAA Part 77 Horizontal Obstruction Imaginary Surface for JWA which would be penetrated at 206' above mean sea level (AMSL). The airspace above 206' AMSL is reserved for air navigation. The Specific Plan would allow buildings up to 25 stories and/or 315 feet in height and therefore would penetrate the Horizontal Surface and enter airspace reserved for air navigation.
In Section 2.1.3 of the AELUP for JWA, the Commission has incorporated the standards for height limits for determining obstructions and has incorporated the definitions of "imaginary surfaces" for airports as defined in the FAA Part 77. The "imaginary surfaces" are defined by means of elevations heights and slopes in relation to individual airports, the spaces above which are reserved for air navigation. To ensure the safe operation of aircraft activity at JWA, structures anywhere in the JWA airport planning area should not exceed the applicable elevations defined in Part 77 (Objects Affecting Navigable Air Space).
Village Santa Ana Specific Plan
August 15, 2025
Response to Fact in Support "f" - Regarding Overflight:
The June 19, 2025, ALUC staff report included flight tracks in relation to the project site on three separate days in March of 2025. The ALUC recommends that the maximum structure heights, including all rooftop equipment and/or architectural details, be reduced to below 206 feet AMSL, in order to protect the airspace reserved for air navigation.
Response to Fact in Support "g" - Regarding Heliports:
As the City states, heliports were not included as part of this project, therefore heliports were not reviewed by ALUC.
Response to Fact in Support "h" - Regarding Zone Change:
Finding "h" summarizes Findings "a" through "g" and refers to flight tracks and the project eing located outside the 60 dBA CNEL noise contour. The inconsistent finding by ALUC wa lot based on flight tracks and noise contours but was based on the fact that the proposed Villag Santa Ana Specific Plan would allow buildings to penetrate the Part 77 Horizontal Surface for JWA and enter airspace reserved for air navigation.
We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these comments.
Sincerely,
Stephen Beverburg
Vice-Chairman
Attachment: Santa Ana NOI to Overrule ALUC letter dated July 16, 2025 CC: Members of the Airport Land Use Commission for Orange County Vincent Ray, Caltrans/Division of Aeronautics