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ORDINANCE NO. NS-3084 <br /> ZONING ORDINANCE AMENDMENT NO. 2025-01 AND <br /> ORDINANCE AMENDMENT NO. 2025-01—AN ORDINANCE <br /> OF THE CITY COUNCIL OF THE CITY OF SANTA ANA <br /> AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND <br /> CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE <br /> SANTA ANA MUNICIPAL CODE RELATING TO GROUP <br /> HOMES AND LAND—USE--DEFINI-TIONS, REGULATING <br /> SUCH USES FOR THE BENEFIT OF THE DISABLED AND <br /> FINDING THE ACTION TO BE EXEMPT FROM THE <br /> CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) <br /> UNDERSTATE CEQA GUIDELINES SECTION 15061(13)(3), <br /> 15061(C)(2), 15060(C)(3), AND/OR 15301(C) <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS <br /> FOLLOWS: <br /> Section 1. The City Council of the City of Santa Ana hereby finds, determines <br /> and declares as follows: <br /> A. Under the California Constitution, Article XI, Section 7, the City has been granted <br /> broad police powers to preserve the residential character of residential <br /> neighborhoods, which powers have been recognized by both the California <br /> Supreme Court and United States Supreme Court, the latter of which has stated <br /> that, "It is within the power of the legislature to determine that the community <br /> should be beautiful as well as healthy, spacious as well as clean, well-balanced as <br /> well as carefully patrolled" (Berman v. Parker(1954) 348 U.S. 26, 33). <br /> B. Courts have held that cities have the right to regulate both the number of people <br /> who may reside in a residence and the manner in which the residence is used as <br /> long as such regulations do not unfairly discriminate or impair an individual's rights <br /> of privacy and association (see, e.g., City of Santa Barbara v. Adamson (1980) 27 <br /> Cal.3d 123, 131-34; Ewing v. City of Cannel-By-The-Sea (1991) 234 Cal.App.3d <br /> 1579, 1595-98). <br /> C. The Federal Fair Housing Act Amendments of 1988 ("FHAA") and the California <br /> Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning ordinances <br /> that would on their face or otherwise have the effect of discriminating against equal <br /> housing opportunities for the disabled. <br /> D. A core purpose of the FHAA, FEHA , and California's Lanterman Developmental <br /> Disabilities Services Act("Lanterman Act") is to provide a broader range of housing <br /> opportunities to the disabled; to free the disabled, to the extent possible, from <br /> institutional style living; and to ensure that disabled persons have the opportunity <br /> Ordinance No, NS-3084 <br /> Page 1 of 27 <br />