Resolution No. 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE PLANNING AND
BUILDING AGENCY TO PROVIDE THE AIRPORT LAND
USE COMMISSION OF ORANGE COUNTY AND THE
CALTRANS DIVISION OF AERONAUTICS WITH THE
PROPOSED DECISION AND FINDINGS TO OVERRULE
THE ORANGE COUNTY AIRPORT LAND USE
COMMISSION’S DETERMINATION THAT THE CITY’S
COMPREHENSIVE ZONING COD E UPDATE (ZONING
ORDINANCE AMENDMENT NO. 2026 -03, ZONE CHANGE
NO. 2026-0004, AND ORDINANCE AMENDMENT NO. 2026-
04) AND RELATED GENERAL PLAN AMENDMENT NO.
2026-02 ARE INCONSISTENT WITH THE AIRPORT
ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT
AT LEAST 45 DAY S PRIOR TO THE FUTUR E PUBLIC
HEARING DATE FOR THE PROPOSED OVERRULE BY
THE CITY COUNCIL PURSUANT TO PUBLIC UTILITIES
CODE SECTION 21676(b)
WHEREAS, Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code req uires the City of Santa Ana to prepare and adopt a comprehensive, long-term general plan for the physical development of the City, and to maintain zoning regulations consistent with that general plan; and
WHEREAS, the General Plan includes Implementation Action Reference No. 1.1 of the Land Use Element to prepare a Comprehensive Zoning Code Update ( Zoning Ordinance Amendment No. 2026 -03, Zone Change No. 2026 -0004, and Ordinance Amendment No. 2026 -04) to implement the City’s General Plan Golden City Beyond (2045), adopted by the City Council in April 2022; and
WHEREAS, the Comprehensive Zoning Code Update is accompanied by the related General Plan Amendment No. 2026 -02 to change the General Plan Land Use Designation for six parcels located throughout the C ity to correct land use designation mapping errors and address historical split land use designations (“General Plan Amendment”); and
WHEREAS, the Comprehensive Zoning Code Update and General Plan Amendment are collectively referred to as the “Project”; and
WHEREAS, the Project is a legislative, regulatory framework that establishes permitted uses, development standards, and airport -compatibility regulations, and does not, by itself, site, entitle, or authorize construction of any specific building; and
WHEREAS, California Public Utilities Code Section 21674 empowers the Airport Land Use Commission for Orange County (ALUC) “to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the
Resolution No. 2026-XXX
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 hea lth, safety, and welfare; and”
WHEREAS, the City of Santa Ana is located partially within the area contained within the scope of the Airport Environs Land Use Plan for John Wayne Airport (AELUP); and
WHEREAS, California Public Utilities Code Section 21676(b) requires the City to refer projects that include a general plan amendment or a zoning ordinance amendment within the AELUP planning area to the ALUC for a determination of consistency with the AELUP prior to adoption; and
WHEREAS, the City submitted the Project to the ALUC for consistency review, most recently in its revised submittal on July 31, 2026 , and the ALUC considered the Project on August 20, 2026; and
WHEREAS, on August 20, 2026, the ALUC, by a vote of 4 in favor and 0 against, acting on the recommendation contained in its staff report for Agenda Item 1, found the Project inconsistent with the AELUP pursuant to AELUP Sections 2.1.1 (Aircraft Noise),
2.1.2 (Safety Compatibility Zones), and 2.1.3 (Building Height Restrictions), Section 3.2.1 (General Policy), and Section 3.2.6 (Height Restriction Zone); and
WHEREAS, pursuant to Public Utilities Code Section 21676(b), the City Council may overrule the ALUC by a two -thirds vote of its governing body i f it makes specific findings that the proposed action is consistent with the purposes of the State Aeronautics Act as stated in Public Utilities Code Section 21670; and
WHEREAS, at least 45 days prior to any decision to overrule the ALUC, Public Utilities Code Section 21676(b) requires the City to provide the ALUC and the California Department of Transportation Division of Aeronautics (Division) a copy of the proposed decision and the findings supporting the proposed overrule; and
WHEREAS, the City has prepared proposed Findings of Fact demonstrating that the Project is consistent with the purposes of the State Aeronautics Act as stated in Public Utilities Code Section 21670 and consistent with the AELUP, which proposed findings are attached hereto and incorporated herein as Exhibit A; and
WHEREAS, on September 15, 2026, the City Council considered a resolution to authorize staff to provide the ALUC and the California Department of Transportation Division of Aero nautics ( Division) a copy of the proposed de cision and findings, as contained in Exhibit A, to overrule the ALUC’s determination of inconsistency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The above recitals are true and incorporated herein by reference.
Section 2. The City Council hereby declares its intention to overrule the Orange County ALUC’s determination that the City’s Comprehensive Zoning Code Update and
Resolution No. 2026-XXX
related General Plan Amendment (Land Use Map cleanup) are inconsistent with the Airport Environs Land Use Plan for John Wayne Airport.
Section 3. Pursuant to Public Utilities Code Section 21676(b), the City Council directs staff to provide the ALUC and the Caltrans Division of Aeronautics with a copy of this Resolution and the proposed Findings of Fact attached as Exhibit “A” at least 45 days prior to the City Council’s decision on whether to overrule the ALUC’s determination of inconsistency.
Section 5. The ALUC and the Division may provide comments to the City Council within 30 da ys of receiving the proposed decision and findings. Any comments received from the ALUC and the Division, while advisory, shall be included in the public record of the City Council’s final decision to overrule. If the ALUC or the Division does not provide comments within the 30-day period, the City Council may act without them.
Section 6. This Resolution declaring the City Council’s intention to overrule does not constitute the final decision to overrule. Following expiration of the 45 -day notice period and consideration of any advisory comments received, the City Council will consider a se parate resolution making the specific findings required by Public Utilities Code Section 21676(b) and, b y a two -thirds vote , after a public hearing , determine whether to overrule the ALUC’s determination of inconsistency.
Section 7. 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 potentia l 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 Comprehensive Zoning Code Update and General Plan Amendment, the City is preparing an addendum to the General Plan Final Environmental Impact Report, which will be presented to the City Council for consideration, along with the requested zoning ordinance amendment and general plan amendment, at a future hearing date.
Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
Section 8. The documents and materials that constitute the record of proceedings on which this Resolution and the proposed findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Clerk of the Council is the custodian of records for the record of proceedings.
[Signatures on the following page]
Resolution No. 2026-XXX
ADOPTED this 15th day of September, 2026.
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. 2026-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ____________________, 2026.
Date: ___________________________
Jennifer L. Hall
City Clerk
City of Santa Ana