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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 3714917
NORMA OROZCO
CITY OF SANTA ANA/CITY CLERK
20 CIVIC CENTER PLAZA M-30
SANTA ANA, CA - 92701
ORD - ORDINANCE PUBLICATION
Urgency Ord. NS-3046
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
!A000006344964!
Email
ORDINANCE NO.NS-3046
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 SECTION
65852.24(e)AND EXEMPTING CERTAIN
PARCELS FROM CALIFORNIA
GOVERNMENT CODE SECTION
65852.24 BASED UPON WRITTEN
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 Senate Bill 6,known as the
Middle Class Housing Act of 2022 (“SB
6”),which was approved by the
legislature,signed by the Governor on
September 28,2022,and codified at
Government Code section 65852.24;and
WHEREAS,SB 6 serves to override local
zoning regulation in the above respect
and will take effect on July 1,2023;and
WHEREAS,SB 6 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,SB 6 specifically allows
housing development projects located in
commercial zones where office,retail,or
parking are a principally permitted use
and where the developer commits to both
prevailing wage and “skilled and trained
workforce”requirements for all
construction labor,as codified in
Government Code section 65852.24;and
WHEREAS,SB 6 permits a local
government to exempt a parcel from its
application before a developer submits a
development application on the parcel if
the local government makes written
findings of either of the following:(1)the
local agency concurrently reallocated the
lost residential density to other lots so that
there is no net loss in residential density
in the jurisdiction or (2)the lost residential
density from each exempted parcel can
be accommodated on a site or sites
allowing residential densities at or above
those required by SB 6 and in excess of
the acreage required to accommodate the
local agency's share of housing for lower
income households;and
WHEREAS,the City of Santa Ana has
identified the parcels listed in Attachment
1 as meeting the criteria established by
Government Code Section 65852.24 for
streamlined review;and
WHEREAS,the parcels listed in
Attachment 2 to this Ordinance can
accommodate the lost residential density
from the exempted parcels listed in
Attachment 1 on sites allowing residential
densities at or above those required by
SB 6 and in excess of the acreage
required to accommodate the City's share
of housing for lower income households;
and
WHEREAS,the parcels listed in
Attachment 2 are in excess of the acreage
required to accommodate the local
agency's share of housing for lower
income households since the pipeline
projects listed in the certified 6th Cycle
Housing Element satisfy all of Santa
Ana's share of housing for lower income
households on parcels not listed in
Attachment 2;and
WHEREAS,the City of Santa Ana,based
upon the written findings required for
exemption under SB 6 and set forth
above,exempts the parcels listed in
Attachment 1 from the streamlined
approval process for eligible projects
provided by Government Code Section
65852.24;and
WHEREAS,pursuant to California
Government Code Section 65852.24(h),a
local government may adopt an ordinance
to implement the provisions of SB 6 and
an ordinance adopted to implement SB 6
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 SB 6,and an absence of a local
ordinance adopting SB 6 and the
exemption of parcels as described therein
in California Government Code Section
65852.24(e),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 section 65852.24(h),the adoption of
an ordinance by a city implementing the
provisions of SB 6 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 SB 6,exempts the parcels listed in
Attachment 1 from the approval process
for eligible projects provided by
Government Code Section 65852.24.
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-3714917#