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HomeMy WebLinkAboutProof of Publication ORD NS-3045 UrgencyThis space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 (714) 543-2027 (714) 542-6841 OR 3714916 NORMA OROZCO CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 ORD - ORDINANCE PUBLICATION Urgency Ord. NS-3045 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 06/26/2023 06/26/2023 ORANGE !A000006344962! Email ORDINANCE NO.NS-3045 AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i)AND 65912.124(i)AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON W RITTEN FINDINGS WHEREAS,in 2022,the state legislature approved two bills requiring local governments,including charter cities,to approve residential development “by right” in commercial zones,under certain circumstances,where residential uses would otherwise be prohibited;and WHEREAS,one of these bills was California Assembly Bill 2011,known as the Affordable Housing and High Road Jobs Act of 2022 (“AB 2011”),which was approved by the legislature,signed by the Governor on September 28,2022,and codified at Government Code sections 65912.100 through 65912.140;and WHEREAS,AB 2011 serves to override local zoning regulation in the above respect and will take effect on July 1, 2023;and WHEREAS,AB 2011 and similar housing bills passed by the state legislature and signed by the governor overriding local zoning regulations are intended to address the state's housing crisis by circumventing local land use and zoning regulations that some agencies have adopted to limit housing development; and WHEREAS,to the contrary,the City of Santa Ana completed a seven-years long effort to comprehensively update its General Plan in April 2022,with a land use plan encompassing over 1,500 acres of land designated in five Focus Areas throughout the City and including over 770 acres allowing residential development at densities at or exceeding 30 dwelling units per acre,the threshold established and deemed appropriate by Government Code Section 65583.2(c)(3) to accommodate housing for lower income households for jurisdictions in a metropolitan county;and WHEREAS,the City's General Plan Land Use Element allows for residential developments in the areas identified above with the appropriate infrastructure improvements required to sustain high- quality housing and residential communities;and WHEREAS,the City of Santa Ana's 6th Cycle Housing Element for the 2021-2029 planning period was certified by the California Department of Housing and Community Development (HCD)on September 16,2022;and WHEREAS,the City of Santa Ana has a proven track record of permitting housing units at all affordability categories as demonstrated by exceeding its 5th Cycle (2014-201)Regional Housing Needs Allocation (RHNA)by over 2,400 percent; and WHEREAS,the City of Santa Ana continues to meet or well exceed its affordable housing and other residential development requirements,far outpacing any city in Orange County,as evidenced by issuing 1,635 permits for housing units across all affordability categories,fulfilling 52 percent of its 6th Cycle (2021-2029) RHNA less than two years into the eight- year planning period,as documented in the 2022 Housing Element Annual Progress Report submitted to HCD and the Governor's Office of Planning Research (OPR)on March 23,2023;and WHEREAS,AB 2011 specifically provides streamlined,ministerial,CEQA-exempt review for 100 percent affordable, multifamily housing development projects located in neighborhood plan areas where multifamily housing is permitted on the site and commercial zones where office, retail,or parking are a principally permitted use,where both satisfy a series of objective development standards and other requirements,as codified in Government Code section 65912.114; and WHEREAS,AB 2011 also provides streamlined,ministerial,CEQA-exempt review for mixed-income housing development projects along commercial corridors in neighborhood plan areas where multifamily housing development is permitted on the site and in commercial zones where office,retail,or parking are a principally permitted use,where both satisfy a series of objective development standards and other requirements,as codified in Government Code section 65912.124;and WHEREAS,AB 2011 permits a local government to exempt a parcel from these types of streamlined approval before a developer submits a development application on the parcel if: (1)the local government identifies one or more alternative sites for residential development;(2)the local government has permitted the alternative parcels not otherwise eligible for development pursuant to AB 2011 to be developed pursuant to AB 2011 streamlining;(3)the local government has permitted the alternative parcels that are subject to AB 2011 streamlining to be developed at densities above the residential density required in subdivision (b)of Section 65912.113 (100 percent affordable)or subdivision (b)of 65912.123 (Mixed- Income)of the Government Code;(4)the alternative development would result in no net loss of the total potential residential density in the jurisdiction;(5)the alternative development would result in no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction;and (6)the alternative development would affirmatively further fair housing;and WHEREAS,the City of Santa Ana has identified the parcels listed in Attachment 1 and Attachment 2 to this Ordinance as parcels eligible for streamlined review pursuant to Government Code sections 65912.114 and 65912.124;and WHEREAS,the parcels identified in Attachment 3 and Attachment 4 to this Ordinance have been identified as alternative parcels for residential development;and WHEREAS,the City of Santa Ana has permitted the parcels listed in Attachment 3 and Attachment 4 to this Ordinance that are not otherwise eligible for development pursuant to AB 2011 streamlined review to be developed pursuant to the requirements of AB 2011;and WHEREAS,the parcels listed in Attachment 3 and Attachment 4 to this Ordinance may be developed at the residential density required by AB 2011 or the residential density set forth in the City's General Plan,whichever is higher; and WHEREAS,exempting the parcels listed in Attachment 1 and Attachment 2 to this Ordinance will not result in a net loss of the total potential residential density in the jurisdiction permitted by or subject to AB 2011 because there is a surplus of residential capacity on the alternative parcels identified in Attachment 3 and Attachment 4 that are eligible for AB 2011 streamlined review above the baseline residential density established by Government Code sections 65912.113(b) and 65912.123(b)for the eligible parcels whereby there will not be a net loss in the potential residential units permitted by or subject to AB 2011 streamlining;and WHEREAS,there will be no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction because the parcels identified and listed in Attachment 3 and Attachment 4 allow density meeting or exceeding that required by Government Code Section 65583.2(c)(3)of 30 dwelling units per acre,the threshold established and deemed appropriate to accommodate housing for lower income households for jurisdictions in a metropolitan county;and WHEREAS,the City's local inclusionary housing ordinance,known as the Affordable Housing Opportunity and Creation Ordinance (AHOCO),will require eligible projects citywide to set aside units as affordable to lower and moderate- income households for at least 55 years; and WHEREAS,development of the alternative parcels eligible for AB 2011 streamlined review and listed in Attachment 3 and Attachment 4 will result in affirmatively furthering fair housing because the parcels are within census tracts that are generally categorized as High Resource and Moderate Resource areas by the Fair Housing Task Force Opportunity Map (2023)that was convened by the California Tax Credit Allocation Committee and HCD (TCAC/HCD)and which have opportunity area composite scores that have rapidly improved since first documented in 2021, are located within specific plan areas and the five General Plan Focus Areas that have been the focus of redevelopment and investment in the City,and provide increased access to amenities,public transit,and jobs;and WHEREAS,exempting the parcels in Attachment 1 and 2 will prevent housing from being developed on sites that do not have the infrastructure needed to accommodate high-quality housing and will not comply with the land use plan and housing program that the HCD certified Housing Element is based upon;and WHEREAS,the City of Santa Ana,based upon the written findings required for exemption under AB 2011 and set forth above,exempts the parcels listed in Attachments 1 and 2 from the streamlined approval process for eligible projects provided by Government Code sections 65912.114 and 65912.124;and WHEREAS,pursuant to California Government Code Section 65912.114(o) and 65912.124(o),a local government may adopt an ordinance to implement the provisions of AB 2011,and an ordinance adopted to implement AB 2011 shall not be considered a “project”under Division 13 (commencing with Section 21000)of the Public Resources Code;and WHEREAS,there is a current and immediate threat to the public health, safety,or welfare based on the passage of AB 2011,and an absence of a local ordinance adopting AB 2011 and the exemption of parcels as described therein in California Government Code Sections 65912.114(i)and 65912.124(i),leading to uncertainty of implementation of the local land use plan in a consistent and equitable manner that may also be otherwise consistent with the General Plan.These threats to public safety, health,and welfare justify adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a two-thirds vote of the City Council;and WHEREAS,pursuant to Santa Ana City Charter sections 415 and 417,based on the above findings,this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health,safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3)of the members of the City Council.The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW,THEREFORE,the City Council of the City of Santa Ana does ordain as follows: Section 1.The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2.Under California Government Code sections 65912.114(o)and 65912.124(o),the adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”).Therefore,the proposed Ordinance is statutorily exempt from CEQA. Section 3.The City Council,based upon the written findings required for exemption under AB 2011,exempts the parcels listed in Attachments 1 and 2 from the streamlined approval process for eligible projects provided by Government Code sections 65912.114 and 65912.124. Section 4.The City Council hereby declares,based on the findings set forth above,the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health,safety,and welfare. Section 5.This Ordinance shall become effective immediately upon its adoption. Section 6.If any section,subsection, sentence,clause,phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section,subsection,sentence,clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections,sentences,clauses,phrases, or portions be declared invalid or unconstitutional. Section 7.The Clerk of the Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this 20th day of June,2023. /s/Valerie Amezcua Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R.Carvalho,City Attorney By:_/s/John M.Funk John M.Funk AYES:Councilmembers Amezcua, Bacerra,Hernandez,Lopez,Penaloza, Vazquez (6) NOES:Councilmembers Phan (1) ABSTAIN:Councilmembers None (0) NOT PRESENT:Councilmembers None (0) Attachments are available at the Office of the City Clerk,20 Civic Center Plaza, Santa Ana,CA 92701,by calling 714- 647-6520,by emailing cityclerk@santa- ana.org,and online at:www.santa- ana.org/cc/city-meetings. 6/26/23 OR-3714916#