HomeMy WebLinkAboutItem 09 - Second Reading of Zoning Ordinance Amendment No. 2021-03 Planning and Building Agency
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Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 15, 2022
TOPIC: Second Reading of Zoning Ordinance Amendment No. 2021-03
AGENDA TITLE:
Adopt Ordinance No. NS-XXXX – ZONING ORDINANCE AMENDMENT NO. 2021-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING
AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY
ORDINANCE
RECOMMENDED ACTION
Place Ordinance on second reading and adopt.
DISCUSSION
The City Council conducted the first reading of the Ordinance on November 16, 2021. As
part of the first reading of the Ordinance, the majority members of the City Council
discussed, articulated, and directed staff to make conforming revisions to the Ordinance
reflecting the following refinements for the second reading of the Ordinance:
Omit new priorities that do not directly relate to the production of new affordable
housing units.
Reduce to 5% inclusionary for for-sale units.
Include a provision to vest entitled projects and make the necessary conforming
changes to the Ordinance, and include a vested project list as an exhibit to the
Ordinance.
Require and phase in the use of a local skilled and trained workforce only for new
projects proposing 20 or more residential lots or units exercising the in-lieu fee
option to satisfy the inclusionary requirements of the Ordinance, and clarify that
the provision is not applicable to projects receiving funding from the inclusionary
housing fund. The implementation of this provision shall be phased as follows:
11/17/2021 – 12/31/2025
$15 – No requirements
$10 – 30% STW + 2 trades & 20% local hire
$ 5 – 60% STW + 3 trades & 20% local hire
1/1/2026 thereafter
$15 – 30% STW & 35% local hire
$10 – 60% STW & 35% local hire
$ 5 – 90% STW & 35% local hire
Second Reading of Zoning Ordinance Amendment No. 2021-03
February 15, 2022
Page 2
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Require an affirmative vote by 5 members of the City Council in order to modify
the in-lieu fee structure and the local skilled and train workforce provision.
Incorporate a local density bonus provision for for-sale units only.
For ease of review, a redline version of the adopted Ordinance presented at the first
reading on November 16, 2021 is attached (Exhibit 1) reflecting the necessary changes
and conforming modifications. The clean version of this Ordinance is attached as Exhibit
2.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. It is recommended that the
City Council finds and determines that this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of
the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment, as there is no possibility it will have a
significant effect on the environment and it is not a "project", as defined in Section 15378
of the CEQA Guidelines. Furthermore, even if the proposed Ordinance is considered a
project, it falls within the "common sense" CEQA exemption set forth in CEQA Guidelines
Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Redline of Ordinance adopting Zoning Ordinance Amendment No. 2021-03 without
Exhibit
2. Ordinance adopting Zoning Ordinance Amendment No. 2021-03 and Exhibit A
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Ordinance No. NS-XXX
Page 1 of 18
ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE
HOUSING OPPORTUNITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.
NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I.
– Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of
the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to
implement the City’s Housing Element Goal of providing affordable housing within the
City.
B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881,
which amended the Housing Opportunity Ordinance in various respects, including
applicability, options to satisfy inclusionary requirements, and calculation of the in-lieu
housing fee. These amendments were intended to make the inclusionary housing
requirements more predictable for housing developers and to incentivize the production
of more affordable housing.
C. In response to impacts of the COVID-19 pandemic on the development and
construction of housing in the City, including the reduction of housing starts, the City
Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-
2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing
fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and
expand the eligible uses of in-lieu fees collected by the City.
D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee
for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity
Ordinance and recommended certain changes. The Ad Hoc Committee’s
recommendations were presented and discussed at the City Council Meeting on July 6,
2021.
E. On July 26, 2021, the City Council conducted a work-study session to
further evaluate the Committee’s recommendations and to receive input from key
stakeholders and members of the public. The City Council provided direction to staff to
prepare amendments to the Housing Opportunity Ordinance concerning the applicability
Ordinance No. NS-XXX
Page 2 of 18
and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units,
and options for satisfaction of inclusionary requirements.
F. On September 7, 2021, the City Council further considered this matter and
provided additional direction to staff regarding proposed amendments to the Housing
Opportunity Ordinance.
G. At the City Council meeting of October 5, 2021, staff received direction to
initiate the adoption hearing in order for the City Council to consider the changes
recommended by the Housing Ad Hoc Committee.
H. On October 25, 2021, the Planning Commission held a duly noticed public
hearing on the proposed amendments and considered the staff report, recommendations
by staff, and public testimony concerning the proposed Ordinance. The Planning
Commission recommended that the City Council adopt the proposed Ordinance.
I. The Request for City Council Action for this Ordinance dated November 16
and December 7, 2021 and duly signed by the Executive Director of the Planning and
Building Agency shall, by this reference, be incorporated herein, and together with this
ordinance, any amendments or supplements, and oral testimony, constitute the
necessary findings for this ordinance.
Section 2. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project",
as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed
Ordinance falls within the "common sense" CEQA exemption set forth in CEQA
Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is
hereby repealed in its entirety.
Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is
hereby reenacted and amended to read in its entirety as follows:
ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION
ORDINANCE
Ordinance No. NS-XXX
Page 3 of 18
Sec. 41-1900. Purpose.
This article establishes standards and procedures to encourage the development of
housing that is affordable to a range of households with varying income levels. The
purpose of this article is to encourage the development and availability of affordable
housing by requiring the inclusion of affordable housing units within new developments
when the number of units exceed the densities permitted under the general plan, zoning
classification, or the conversion of rental units to condominium ownership.
Sec. 41-1901. Definitions.
As used in this article, the following terms shall have the following meanings:
Adjusted for household size appropriate for the unit means a household of one person
in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3)
persons in the case of a two-bedroom unit, four (4) persons in the case of a three-
bedroom unit, and five (5) persons in the case of a four-bedroom unit.
Administrative procedures means those regulations promulgated by the executive
director pursuant to section 41-1910 of this article.
Affordable housing cost means the total housing costs paid by a qualifying household,
which shall not exceed the fraction of gross income specified, as follows:
Extremely low-income households. Thirty (30) percent of the income of a
household earning thirty (30) percent of the Orange County median income adjusted for
family size appropriate for the unit.
Very low-income households. Thirty (30) percent of the income of a household
earning fifty (50) percent of the Orange County median income adjusted for family size
appropriate for the unit.
Low-income households. Thirty (30) percent of the income of a household earning
eighty (80) percent of the Orange County median income for family size appropriate for
the unit.
Moderate-income households. Thirty (30) percent of the income of a household
earning one hundred twenty (120) percent of the Orange County median income adjusted
for family size appropriate for the unit.
The qualifying limits for extremely low-income, very low-income, low-income and
moderate-income households are established and amended annually pursuant to Section
8 of the United States Housing Act of 1937. The limits are published by the Secretary of
Housing and Urban Development.
Base Density means the maximum number of dwelling units allowed per acre of
land within each land use category designated in the General Plan.
Ordinance No. NS-XXX
Page 4 of 18
Developer means any association, corporation, firm, joint venture, partnership,
person, or any entity or combination of entities, which seeks city approval for all or part of
a residential project.
Development agreement means an agreement approved by the city council between
a property owner and the city pursuant to Government Code section 65864, et seq.
Executive director means the executive director of community development for the
city.
General plan means the adopted general plan for the City of Santa Ana.
Inclusionary housing agreement means a legally binding agreement between the
developer and the city, in a form and substance satisfactory to the executive director and
the city attorney, and containing those provisions necessary to ensure that the
requirements of this article are satisfied, whether through the provision of inclusionary
units or through an approved alternative method.
Inclusionary housing fund means the fund created by the city in which all fees collected
in compliance with this article shall be deposited.
Inclusionary housing plan means the plan submitted by the developer, in a form
specified by the executive director, detailing how the provisions of this article will be
implemented for the proposed residential project.
Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely
low, very low, low, or moderate-income households, at an affordable housing cost, in
compliance with this article.
Low-income units, very low-income units, and extremely low-income units means
inclusionary units restricted to occupancy by low, very low, and extremely low-income
households, respectively, at an affordable housing cost.
Market rate units means dwelling units in a residential project that are not inclusionary
units.
Moderate-income units means inclusionary units restricted to occupancy by
moderate-income households at an affordable housing cost.
Regulatory agreement means an agreement entered into between the City of Santa
Ana or the Santa Ana Community Development Agency and a developer by which the
developer covenants to keep certain housing units at an affordable housing cost for a
specified period of time.
Rehabilitated units/rehabilitation means the improvement of a unit in substandard
condition to a decent, safe and sanitary level. Units are in substandard condition when,
while they may be structurally sound, they do not provide safe and adequate shelter, and
in their present condition endanger the health, safety or well-being of the occupants.
Residential project/project means any of the following:
A subdivision resulting in the creation of five (5) or more residential lots or
residential condominium units; or
Ordinance No. NS-XXX
Page 5 of 18
The new construction of a project consisting of five (5) or more multi-family units;
or
The new construction of five (5) or more separate houses or dwelling units; or
The conversion of five (5) or more existing residential rental units to condominium
ownership.
Target area means that area designated by the city from time to time, on an as-needed
basis, as a priority area for rehabilitation due to health and safety concerns.
Total housing costs the total monthly or annual recurring expenses required of a
household to obtain shelter. For a rental unit, total housing costs shall include the monthly
rent payment and utilities paid by the tenant (excluding telephone and television). For an
ownership unit, total housing costs shall include the mortgage payment (principal and
interest), insurance, homeowners' association dues (if applicable), private mortgage
insurance (if applicable), taxes, utilities, an allowance for maintenance and any other
related assessments.
Sec. 41-1902. Applicability and inclusionary unit requirements.
(a) Applicability. The requirements of this article shall apply to any new project
comprised of five (5) or more residential lots or residential units which has not been issued
a building permit or paid the in-lieu fee as of November 17, 2021, including new
construction and condominium conversions, which meets one or all of the following
applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or
zoning prescribed densities or percentage of residential development of the subject
property at the time of application.
(2) Implementation of the permitted residential density or percentage of residential
development allowed as a result of city initiated zone changes or city initiated general
plan amendments after November 28, 2011.
(3) Increase of the permitted percentage of residential development allowed for a
mixed-use development above the percentage permitted under the zoning classification
at the time of application.
(4) Development of new residential uses or increase of the permitted residential
density or percentage of residential development within an overlay zone approved
pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership.
(b) Applications. The inclusionary requirements shall only apply to the incremental
units beyond that which is allowed as prescribed in Subsection (a) above.
Ordinance No. NS-XXX
Page 6 of 18
(c) Units for sale. If the new residential project consists of units for sale, then a
minimum of ten five (510) percent of the total number of units in the project shall be sold
to moderate-income households.
(d) Rental units. If the new residential project consists of rental units, the inclusionary
units shall be constructed as follows:
(1) A minimum of fifteen (15) percent of the units shall be rented to low-income
households, or
(2) A minimum of ten (10) percent shall be rented to very low-income
households, or
(3) A minimum of five (5) percent shall be rented to extremely low-income
households, or
(4) A minimum of ten (10) percent shall be available at an affordable housing
cost of which five (5) percent rented to low-income households, three (3) percent rented
to very low-income households, and two (2) percent rented to extremely low-income
households.
(e) Rounding of quantities in calculations. In calculating the required number of
inclusionary units, fractional units shall be rounded-up to the next whole unit. The
developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional
units, which shall be calculated based on the number of habitable square feet applicable
in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of
this article, any residential project subject to this article that results in the displacement of
extremely low, very low and/or low-income household(s) shall be required to provide on-
site inclusionary units as required by this article.
(g) Compliance with article. All inclusionary units required by this article shall be sold
or rented in compliance with this article.
Sec. 41-1903. Exempt projects.
The following are exempt from the requirements of this article:
(a) Development agreements. A residential project that is the subject of a
development agreement under applicable provisions of the California Government Code
that expressly provides for an exclusion to this article, provides for a different amount of
inclusionary units, or provides for a different specified method for determining the in-lieu
fee provisions of this ordinance, such as the timing of payment or the point in time for
determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that
specified by this article.
Ordinance No. NS-XXX
Page 7 of 18
(b) Project with regulatory agreement. A residential project for which a regulatory
agreement has been approved, provided that the regulatory agreement is effective at the
time the residential project would otherwise be required to comply with the requirements
of this article, and there is no uncured breach of the regulatory agreement before issuance
of a certificate of occupancy for the project. This may include a residential project that has
obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such
projects cannot be used to satisfy the inclusionary requirement for another project.
(c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41,
Article XVI.II - Adaptive Reuse.
(d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994
Adopted on September 1, 2020. A development project that has received entitlement
approvals by city council action prior to November 16, 2021 to construct new residential
units is hereby determined to have vested the right to carry out the completion and
construction of the project under the regulations and provisions of Ordinance No. NS-
2994. The vested regulations and provisions in accordance with this section shall
terminate if any or all of the entitlement approvals become invalid for any reasons or have
expired under the various applicable time limits established in the Santa Ana Municipal
Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are
attached hereto as Exhibit A and is incorporated herein by reference.
Sec. 41-1904. Options to satisfy inclusionary requirements.
(a) On-site units. The primary means of complying with the inclusionary requirements
of this article shall be the provision of on-site inclusionary units in accordance with section
41-1902 above. A developer may only satisfy the requirements of this article by means of
an alternative to on-site inclusionary units in accordance with the requirements and
procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for
the project, in whole or in part by constructing the required new inclusionary housing at a
different location within the city borders at the ratio of one square foot of habitable
inclusionary unit space for each required habitable square foot. While the total habitable
square footage area of the required new inclusionary units must be the same as the sum-
total of the number of habitable square feet for the project as directed by this ordinance,
the number of units and bedrooms associated with the off-site units may be approved by
the review authority of the city, consistent with the type of affordable housing needed at
the time of project review.
(2) Rehabilitated units outside a designated target area. The developer may
satisfy the inclusionary unit requirements for the project, in whole or in part by
substantially rehabilitating existing housing units elsewhere within the borders of the city
Ordinance No. NS-XXX
Page 8 of 18
at a rate of one and one-half (1½) habitable square feet per each required habitable
square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the
developer may satisfy the inclusionary unit requirements for the project, in whole or in
part by substantially rehabilitating existing housing units elsewhere within the borders of
the city at a rate of one habitable square foot per each required habitable square foot of
affordable inclusionary units.
(c) In-lieu fee.
(1) Five (5) or more units. For a residential project comprised of five (5) or more
residential lots or residential units, the developer may elect to satisfy the inclusionary unit
requirements for the project, in whole or in part, by payment of a fee in-lieu of constructing
some or all of the required units. The total amount of the fee allowed by this section shall
be calculated using the In-Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the
sum total of the number of habitable square feet within the entire project, as measured
from the exterior walls of the residential units. This calculation does not include exterior
hallways, common areas, landscape, open space or exterior stairways.
(i) In-Lieu Fee Schedule
Units/Lots Fee Per Square Foot of
Habitable Area
5 – 9 $6.00
10 – 14 $9.00
15 – 19 $12.00
20 or more $15.00
(ii) Local Skilled and Trained Workforce Incentive. The use of a local
skilled and trained workforce shall be phased in over time and shall only apply to a
development project proposing twenty (20) or more lots or units opting to exercise the in-
lieu fee payment optionThe in-lieu fee. The implementation of this subsection shall be
phased as follows:
(A) Between November 16, 2021 and December 31, 2025, a
project proposing twenty (20) or more lots or units exercising the option to pay the $15
per square foot in-lieu fee amount shall not be required to utilize a local skilled and trained
workforce for completing the construction of the project. for fifteen (15) or more units
However, Tthis fee shall be reduced if the developer voluntarily provides the City with an
executed enforceable commitment to use a “Skilled and Trained Workforce” as defined
in Public Contract Code section 2601 to complete the construction of the project as
specified in the table below as follows:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
Ordinance No. NS-XXX
Page 9 of 18
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
A minimum of 2035% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(B) Effective January 1, 2026 and thereafter, a project proposing
twenty (20) or more lots or units exercising the option to pay the $15 per square foot in-
lieu fee amount shall be required to provide the City with an executed enforceable
commitment that 30 percent of the workforce utilized to complete the construction of the
project be derived from a “Skilled and Trained Workforce” as defined in Public Contract
Code section 2601; and that a minimum of 35 percent of the required skilled and trained
workforce total work-hours shall be performed in accordance with local hire policies
approved by the City Council. This fee shall be reduced when the developer commits to
a higher utilization level as specified in the table below:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
60% of workforce
$10.00
90% of workforce
$5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(2) Timing of payment. The total fee amount for the entirety of a project is
calculated, determined, and set at the time of issuance of the first building permit for the
project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance
of the first occupancy approval for any construction which adds net residential units. If
the city approves a phased project, a proportional share of the required fee shall be paid
within each phase of the residential project. The in-lieu fees collected by the city are city
funds over which the city has complete and absolute discretion.
(3) Inclusionary housing fund. Fees collected in compliance with this section
shall be deposited in the inclusionary housing fund.
Ordinance No. NS-XXX
Page 10 of 18
(4) The provisions of Section 41-1904(c)(1) may only be modified by the
affirmative vote of at least five (5) members of the City Council.
Sec. 41-1904.1. Inclusionary housing development incentives for production of
units.
(a) In order to make the production of new inclusionary units on-site or off-site or off-
site rehabilitated units, certain incentives, standards and concessions shall be allowed
and prescribed as set forth herein below. Such concessions shall not be available to those
developers that choose to pay an in lieu fee rather than build the units. The developer
may opt to take advantage of up to two (2) concessions among the following possible
concessions:
(1) Parking concession. One on-site parking space for each zero to one
bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit;
two and one-half (2½) parking spaces for each four (4) or more bedroom unit.
(2) Concession on one of the following Zoning Code site development
standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on
subject property;
(ii) Height increase of up to twenty (20) additional feet.
(b) A developer of a for sale residential project proposing to provide on-site moderate
income units and a surrounding community benefit may opt to take advantage of up to
three (3) of the above concessions. The surrounding community benefit will include but
not be limited to park improvements, urban community gardens, developer-funded down
payment assistance, or subsidy of services, activities or programs.
(1) Local Density Bonus. For each 1 percent increase above 5 percent in the
percentage of for-sale units affordable to moderate income households, the base density
shall be increased by 1.5 percent up to a maximum of 35 percent.
Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following
requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary
housing plan in a form specified by the executive director, detailing how the provisions of
this article will be implemented for the proposed residential project. The inclusionary
housing plan and its supportive documents, plans, and details shall be submitted at the
same time as the site plan and application materials for the original project. All
inclusionary housing plans shall be subject to the approval of the executive director and
subject to appeal processes and procedures set forth in the Santa Ana Municipal Code.
Ordinance No. NS-XXX
Page 11 of 18
2) Inclusionary housing agreement. The developer shall execute and cause to
be recorded an inclusionary housing agreement. The inclusionary housing agreement
shall be a legally binding agreement between the developer and the city, executed by the
city manager, or his or her designee, and in a form and substance satisfactory to the
executive director and the city attorney, and containing those provisions necessary to
ensure that the requirements of this article are satisfied, whether through the provision of
inclusionary units or through an approved alternative method.
(b) Discretionary approvals. No discretionary approval shall be issued for a residential
project subject to this article until the developer has submitted an inclusionary housing
plan.
(c) Issuance of building permit. No building permit shall be issued for a residential
project subject to this article unless the executive director has approved the inclusionary
housing plan, and any required inclusionary housing agreement has been recorded.
(d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued
for a residential project subject to this article unless the approved inclusionary housing
plan has been fully implemented.
Sec. 41-1906. Standards.
(a) Location within project, relationship to non-inclusionary units. All inclusionary units
shall be:
(1) Reasonably dispersed throughout the residential project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space,
and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in
terms of design, materials, finished quality, and appearance; and
(4) Permitted the same access to project amenities and recreational facilities,
as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project shall be
constructed concurrent with, or before the construction of the market rate units. If the city
approves a phased project, a proportional share of the required inclusionary units shall
be provided within each phase of the residential project.
(c) Location outside the proposed original project. For projects where the developer
proposes to either produce new inclusionary units or rehabilitate existing off-site units to
meet the inclusionary affordable housing requirements of this ordinance, the off-site
project(s) containing the required inclusionary units shall be subject to the following
requirements:
Ordinance No. NS-XXX
Page 12 of 18
(1) The sum-total area (in habitable square feet) of all the newly constructed
off-site inclusionary units shall be the same number of habitable square feet of
inclusionary area as required by this ordinance. For the purpose of the calculation of the
number of square feet of required inclusionary housing, the total gross habitable square
feet of the housing units of the original market rate project shall be used, as measured
from exterior walls to exterior walls of the market units provided as the base for
calculation. The common areas, exterior hallways, stairways, patios, and balconies shall
not be calculated in determining the number of required square feet of inclusionary
housing production. All new or rehabilitated units must meet all current zoning and
general plan standards.
(2) While the total number of square feet of inclusionary housing requirement
is calculated based on the requirements of this ordinance, the number of units, bedrooms
and other amenities on the proposed off-site inclusionary housing location shall be
approved by the review authority commensurate with the size and type of units most in
demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially
comparable to the market rate units included in the residential project in terms of quality
of design, materials and finishes.
(4) If tenants are displaced due to rehabilitation of housing to meet the
inclusionary unit requirement, the developer shall be responsible for relocation costs as
required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any
kind shall be expended on the production or building of any inclusionary housing projects
associated with meeting the inclusionary unit requirement.
(d) Timing of construction. All inclusionary units in a residential project or proposed
off-site new inclusionary units or rehabilitated units shall be constructed concurrent with,
or before the construction of the market rate units. If the city approves a phased project,
a proportional share of the required inclusionary units shall be provided within each phase
of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to
the target income level group at the applicable affordable housing cost for a minimum of
fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an
inclusionary unit offered for sale shall certify, on a form provided by the city, the income
of the purchaser and that such owners will live in such inclusionary unit as their primary
residence.
Ordinance No. NS-XXX
Page 13 of 18
(3) Resale price control. In order to maintain the availability of inclusionary units
required by this article, the resale price of an owner occupied inclusionary unit shall be
limited to the lesser of the fair market value of the unit as established by a licensed real
estate agent based upon three (3) comparable properties or the restricted resale price.
For these purposes, the restricted resale price shall be the applicable affordable housing
cost.
(4) Inheritance of inclusionary units. Upon the death of an owner of an owner-
occupied inclusionary unit, title in the property may transfer to the surviving joint tenant
or heir (in the case of the death of a sole owner or all owners of the household).
(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of
the resale price controls required by this section, the buyer and the seller shall be jointly
and severally liable to the city for the amount in excess of the affordable housing cost at
the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the
inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and
seller to cure any violation of the resale price controls within one hundred eighty (180)
days.
(f) Rental units.
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain
restricted to the target income level group at the applicable affordable housing cost for
fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall
certify, on a form provided by the city, the income of all members of the household above
the age of eighteen (18) at the time of the initial rental and annually thereafter.
(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this
article shall be required to forfeit to the city all money so obtained. Recovered funds shall
be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the
execution and recording of whatever documents are required to ensure enforcement of
this section; including, but not limited to, promissory notes, deeds of trust, resale
restrictions, rights of first refusal, options to purchase, and/or other documents, which
shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess
of the maximum amount allowed by any restriction placed on the unit in accordance with
this article.
Ordinance No. NS-XXX
Page 14 of 18
(2) No person shall sell or rent an inclusionary unit to a person or persons that
do not meet the income restrictions placed on the unit in accordance with this article.
(3) No person shall provide false or materially incomplete information to the city
or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which
that person is not eligible.
(i) Principal residency requirement.
1. The owner or lessee of an inclusionary unit shall reside in the
unit for not less than ten (10) out of every twelve (12) months.
2. No owner or lessee of an inclusionary unit shall lease or
sublease, as applicable, an inclusionary unit without the prior permission of the executive
director.
Sec. 41-1907. Reserved.
Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor.
(b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this
article shall be required to forfeit any money in excess of the affordable housing cost at
such time. Any individual who rents an inclusionary unit in violation of this article shall be
required to forfeit all money so obtained. Recovered funds shall be deposited into the
inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit,
certificate of occupancy, or discretionary approval; and
(2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing
agreement recorded hereunder, the city shall be entitled to recover its reasonable
attorney's fees and costs.
Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city,
to be known as the inclusionary housing fund. All monies collected pursuant to this article
shall be deposited in the inclusionary housing fund. Additional monies from other sources
may be deposited in the inclusionary housing fund. The monies deposited in the
inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to
increase and improve the supply of housing affordable to moderate, low, very low, and
extremely low income households in the city as specified in the city's affordable housing
Ordinance No. NS-XXX
Page 15 of 18
funds policies and procedures. A priority will be on the creation of affordable housing
opportunities or units from the existing market rate housing stock rather than construction
of new affordable housing units and on the creation of new affordable housing
opportunities for large families currently living in the City. This includes, but is not limited
to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for
one-time programs for code enforcement, quality of life and general health and safety
activities. Monies may also be used to cover reasonable administrative or related
expenses associated with the administration of this article.
(2) The fund shall be administered by the executive director, or his or her
designee, who may develop procedures in the city's affordable housing funds policies and
procedures to implement the purposes of the inclusionary housing fund consistent with
the requirements of this article and any adopted budget of the city.
(3) Monies deposited in accordance with this section shall be used in
accordance with the affordable housing funds policies and procedures, housing element,
consolidated plan, or subsequent plan adopted by the city council to construct,
rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of
market conversion, or to assist other government entities, private organizations, or
individuals to do so. Permissible uses include, but are not limited to, assistance to housing
development corporations, equity participation loans, grants, pre-home ownership co-
investment, pre-development loan funds, participation leases, or other public-private
partnership arrangements. The inclusionary housing fund may be used for the benefit of
both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall
implement a local preference in their resident selection criteria and marketing policies
meeting guidelines established by the executive director.
(5) A developer receiving funding from the inclusionary housing fund, as well
as its contractors and subcontractors at every tier performing work for the new housing
units is encouraged and should to negotiate in good faith to provide the City with an
enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction
trades be performed by a “Skilled and Trained Workforce” as defined in Public Contract
Code section 2601 to complete the construction of the project. and If so provided, shall
also include a minimum of 35% of such labor all work-hours for the project shall be
performed in accordance with local hire policies approved by the City Council.
Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing in-
lieu fee shall be subject to city council review and consideration as needed.
Ordinance No. NS-XXX
Page 16 of 18
(b) Administration fees. The council may by resolution establish reasonable fees and
deposits for the administration of this article including an annual monitoring fee and an
inclusionary housing plan submittal fee.
(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city
will monitor the project to ensure that the income verifications are correct and in
compliance with the inclusionary housing administrative procedures. For ownership units,
the city shall monitor to verify that owner-occupancy requirements are maintained.
Developer/property owners are required to cooperate with the city in promptly providing
all information requested by the city in monitoring compliance with program requirements.
The city will conduct periodic random quality control audits of inclusionary units to ensure
compliance with rules and requirements. Such audits may include verification of
continued occupancy in inclusionary units by eligible tenants, compliance with the
inclusionary housing plan and agreement, and physical inspections of the residential
project.
(e) Administrative procedures. The city manager is hereby authorized and directed
to promulgate administrative procedures for the implementation of this article.
Secs. 41-1911—41-1999. Reserved.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after its
adoption.
Ordinance No. NS-XXX
Page 17 of 18
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 _______ day of ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
Ordinance No. NS-XXX
Page 18 of 18
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-____________ to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 1 of 17
ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE
HOUSING OPPORTUNITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.
NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I.
– Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of
the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to
implement the City’s Housing Element Goal of providing affordable housing within the
City.
B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881,
which amended the Housing Opportunity Ordinance in various respects, including
applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu
housing fee. These amendments were intended to make the inclusionary housing
requirements more predictable for housing developers and to incentivize the production
of more affordable housing.
C. In response to impacts of the COVID-19 pandemic on the development and
construction of housing in the City, including the reduction of housing starts, the City
Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-
2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing
fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and
expand the eligible uses of in-lieu fees collected by the City.
D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee
for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity
Ordinance and recommended certain changes. The Ad Hoc Committee’s
recommendations were presented and discussed at the City Council Meeting on July 6,
2021.
E. On July 26, 2021, the City Council conducted a work-study session to
further evaluate the Committee’s recommendations and to receive input from key
stakeholders and members of the public. The City Council provided direction to staff to
prepare amendments to the Housing Opportunity Ordinance concerning the applicability
Ordinance No. NS-XXX
Page 2 of 17
and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units,
and options for satisfaction of inclusionary requirements.
F. On September 7, 2021, the City Council further considered this matter and
provided additional direction to staff regarding proposed amendments to the Housing
Opportunity Ordinance.
G. At the City Council meeting of October 5, 2021, staff received direction to
initiate the adoption hearing in order for the City Council to consider the changes
recommended by the Housing Ad Hoc Committee.
H. On October 25, 2021, the Planning Commission held a duly noticed public
hearing on the proposed amendments and considered the staff report, recommendations
by staff, and public testimony concerning the proposed Ordinance. The Planning
Commission recommended that the City Council adopt the proposed Ordinance.
I. The Request for City Council Action for this Ordinance dated November 16
and December 7, 2021 and duly signed by the Executive Director of the Planning and
Building Agency shall, by this reference, be incorporated herein, and together with this
ordinance, any amendments or supplements, and oral testimony, constitute the
necessary findings for this ordinance.
Section 2. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project",
as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed
Ordinance falls within the "common sense" CEQA exemption set forth in CEQA
Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is
hereby repealed in its entirety.
Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is
hereby reenacted and amended to read in its entirety as follows:
ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION
ORDINANCE
Ordinance No. NS-XXX
Page 3 of 17
Sec. 41-1900. Purpose.
This article establishes standards and procedures to encourage the development of
housing that is affordable to a range of households with varying income levels. The
purpose of this article is to encourage the development and availability of affordable
housing by requiring the inclusion of affordable housing units within new developments
when the number of units exceed the densities permitted under the general plan, zoning
classification, or the conversion of rental units to condominium ownership.
Sec. 41-1901. Definitions.
As used in this article, the following terms shall have the following meanings:
Adjusted for household size appropriate for the unit means a household of one person
in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3)
persons in the case of a two-bedroom unit, four (4) persons in the case of a three -
bedroom unit, and five (5) persons in the case of a four-bedroom unit.
Administrative procedures means those regulations promulgated by the executive
director pursuant to section 41-1910 of this article.
Affordable housing cost means the total housing costs paid by a qualifying household,
which shall not exceed the fraction of gross income specified, as follows:
Extremely low-income households. Thirty (30) percent of the income of a
household earning thirty (30) percent of the Orange County median income adjusted for
family size appropriate for the unit.
Very low-income households. Thirty (30) percent of the income of a household
earning fifty (50) percent of the Orange County median income adjusted for family size
appropriate for the unit.
Low-income households. Thirty (30) percent of the income of a household earning
eighty (80) percent of the Orange County median income for family size appropriate for
the unit.
Moderate-income households. Thirty (30) percent of the income of a household
earning one hundred twenty (120) percent of the Orange Cou nty median income adjusted
for family size appropriate for the unit.
The qualifying limits for extremely low-income, very low-income, low-income and
moderate-income households are established and amended annually pursuant to Section
8 of the United States Housing Act of 1937. The limits are published by the Secretary of
Housing and Urban Development.
Base Density means the maximum number of dwelling units allowed per acre of
land within each land use category designated in the General Plan.
Developer means any association, corporation, firm, joint venture, partnership,
person, or any entity or combination of entities, which seeks city approval for all or part of
a residential project.
Ordinance No. NS-XXX
Page 4 of 17
Development agreement means an agreement approved by the city council between
a property owner and the city pursuant to Government Code section 65864, et seq.
Executive director means the executive director of community development for the
city.
General plan means the adopted general plan for the City of Santa Ana.
Inclusionary housing agreement means a legally binding agreement between the
developer and the city, in a form and substance satisfactory to the executive director and
the city attorney, and containing those provisions necessary to ensure that the
requirements of this article are satisfied, whether through the provision of inclusionary
units or through an approved alternative method.
Inclusionary housing fund means the fund created by the city in which all fees collected
in compliance with this article shall be deposited.
Inclusionary housing plan means the plan submitted by the developer, in a form
specified by the executive director, detailing how the provisions of this article will be
implemented for the proposed residential project.
Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely
low, very low, low, or moderate-income households, at an affordable housing cost, in
compliance with this article.
Low-income units, very low-income units, and extremely low-income units means
inclusionary units restricted to occupancy by low, very low, and extremely low-income
households, respectively, at an affordable housing cost.
Market rate units means dwelling units in a residential project that are not inclusionary
units.
Moderate-income units means inclusionary units restricted to occupancy by
moderate-income households at an affordable housing cost.
Regulatory agreement means an agreement entered into between the City of Santa
Ana or the Santa Ana Community Development Agency and a developer by which the
developer covenants to keep certain housing units at an affordable housing cost for a
specified period of time.
Rehabilitated units/rehabilitation means the improvement of a unit in substandard
condition to a decent, safe and sanitary level. Units are in substandard condition when,
while they may be structurally sound, they do not provide safe and adequate shelter, and
in their present condition endanger the health, safety or well-being of the occupants.
Residential project/project means any of the following:
A subdivision resulting in the creation of five (5) or more residential lots or
residential condominium units; or
The new construction of a project consisting of five (5) or more multi -family units;
or
The new construction of five (5) or more separate houses or dwelling units; or
Ordinance No. NS-XXX
Page 5 of 17
The conversion of five (5) or more existing residential rental units to condominium
ownership.
Target area means that area designated by the city from time to time, on an as -needed
basis, as a priority area for rehabilitation due to health and safety concerns.
Total housing costs the total monthly or annual recurring expenses required of a
household to obtain shelter. For a rental unit, total housing costs shall include the monthly
rent payment and utilities paid by the tenant (excluding telephone and television). For an
ownership unit, total housing costs shall include the mortgage payment (principal and
interest), insurance, homeowners' association dues (if applicable), priva te mortgage
insurance (if applicable), taxes, utilities, an allowance for maintenance and any other
related assessments.
Sec. 41-1902. Applicability and inclusionary unit requirements.
(a) Applicability. The requirements of this article shall apply to any new project
comprised of five (5) or more residential lots or residential units, including new
construction and condominium conversions, which meets one or all of the following
applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or
zoning prescribed densities or percentage of residential development of the subject
property at the time of application.
(2) Implementation of the permitted residential density or percentage of residential
development allowed as a result of city initiated zone changes or city initiated general
plan amendments after November 28, 2011.
(3) Increase of the permitted percentage of residential development allowed for a
mixed-use development above the percentage permitted under the zoning classification
at the time of application.
(4) Development of new residential uses or increase of the permitted residential
density or percentage of residential development within an overlay zone approved
pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership.
(b) Applications. The inclusionary requirements shall only apply to the incremental
units beyond that which is allowed as prescribed in Subsection (a) above.
(c) Units for sale. If the new residential project consists of units for sale, then a
minimum of five (5) percent of the total number of units in the project shall be sold to
moderate-income households.
(d) Rental units. If the new residential project consists of rental units, the inclusionary
units shall be constructed as follows:
Ordinance No. NS-XXX
Page 6 of 17
(1) A minimum of fifteen (15) percent of the units shall be rented to low-income
households, or
(2) A minimum of ten (10) percent shall be rented to very low-income
households, or
(3) A minimum of five (5) percent shall be rented to extremely low-income
households, or
(4) A minimum of ten (10) percent shall be available at an affordable housing
cost of which five (5) percent rented to low-income households, three (3) percent rented
to very low-income households, and two (2) percent rented to extremely low-income
households.
(e) Rounding of quantities in calculations. In calculating the required number of
inclusionary units, fractional units shall be rounded -up to the next whole unit. The
developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional
units, which shall be calculated based on the number of habitable square feet applicable
in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of
this article, any residential project subject to this article that results in the displacement of
extremely low, very low and/or low-income household(s) shall be required to provide on-
site inclusionary units as required by this article.
(g) Compliance with article. All inclusionary units required by this article shall be sold
or rented in compliance with this article.
Sec. 41-1903. Exempt projects.
The following are exempt from the requirements of this article:
(a) Development agreements. A residential project that is the subject of a
development agreement under applicable provisions of the California Government Code
that expressly provides for an exclusion to this article , provides for a different amount of
inclusionary units, or provides for a different specified method for determining the in -lieu
fee provisions of this ordinance, such as the timing of payment or the point in time for
determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that
specified by this article.
(b) Project with regulatory agreement. A residential project for which a regulatory
agreement has been approved, provided that the regulatory agreement is effective at the
time the residential project would otherwise be required to comply with the requireme nts
of this article, and there is no uncured breach of the regulatory agreement before issuance
of a certificate of occupancy for the project. This may include a residential project that has
Ordinance No. NS-XXX
Page 7 of 17
obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such
projects cannot be used to satisfy the inclusionary requirement for another project.
(c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41,
Article XVI.II - Adaptive Reuse.
(d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994
Adopted on September 1, 2020. A development project that has received entitlement
approvals by city council action prior to November 16, 2021 to construct new residential
units is hereby determined to have vested the right to carry out the completion and
construction of the project under the regulations and provisions of Ordinance No. NS-
2994. The vested regulations and provisions in accordance with this section shall
terminate if any or all of the entitlement approvals become invalid for any reasons or have
expired under the various applicable time limits established in the Santa Ana Municipal
Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are
attached hereto as Exhibit A and is incorporated herein by reference.
Sec. 41-1904. Options to satisfy inclusionary requirements.
(a) On-site units. The primary means of complying with the inclusionary requirements
of this article shall be the provision of on-site inclusionary units in accordance with section
41-1902 above. A developer may only satisfy the requirements of this article by means of
an alternative to on-site inclusionary units in accordance with the requirements and
procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for
the project, in whole or in part by constructing the required new inclusionary housing at a
different location within the city borders at the ratio of one square foot of habitable
inclusionary unit space for each required habitable square foot. While the total habitable
square footage area of the required new inclusionary units must be the same as the sum -
total of the number of habitable square feet for the project as directed by this ordinan ce,
the number of units and bedrooms associated with the off -site units may be approved by
the review authority of the city, consistent with the type of affordable housing needed at
the time of project review.
(2) Rehabilitated units outside a designated ta rget area. The developer may
satisfy the inclusionary unit requirements for the project, in whole or in part by
substantially rehabilitating existing housing units elsewhere within the borders of the city
at a rate of one and one-half (1½) habitable square feet per each required habitable
square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the
developer may satisfy the inclusionary unit requirements fo r the project, in whole or in
part by substantially rehabilitating existing housing units elsewhere within the borders of
Ordinance No. NS-XXX
Page 8 of 17
the city at a rate of one habitable square foot per each required habitable square foot of
affordable inclusionary units.
(c) In-lieu fee.
(1) Five (5) or more units. For a residential project comprised of five (5) or more
residential lots or residential units, the developer may elect to satisfy the inclusionary unit
requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing
some or all of the required units. The total amount of the fee allowed by this section shall
be calculated using the In-Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the
sum total of the number of habitable square feet within the entire project, as m easured
from the exterior walls of the residential units. This calculation does not include exterior
hallways, common areas, landscape, open space or exterior stairways.
(i) In-Lieu Fee Schedule
Units/Lots Fee Per Square Foot of
Habitable Area
5 – 9 $6.00
10 – 14 $9.00
15 – 19 $12.00
20 or more $15.00
(ii) Local Skilled and Trained Workforce. The use of a local skilled and
trained workforce shall be phased in over time and shall only apply to a development
project proposing twenty (20) or more lots or units opting to exercise the in-lieu fee
payment option. The implementation of this subsection shall be phased as follows:
(A) Between November 16, 2021 and December 31, 2025, a
project proposing twenty (20) or more lots or units exercising the option to pay the $15
per square foot in-lieu fee amount shall not be required to utilize a local skilled and trained
workforce for completing the construction of the project. However, this fee shall be
reduced if the developer provides the City with an executed enforceable commitment to
use a “Skilled and Trained Workforce” as defined in Public Contract Code section 2601
to complete the construction of the project as specified in the table below:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
Ordinance No. NS-XXX
Page 9 of 17
A minimum of 20% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(B) Effective January 1, 2026 and thereafter, a project proposing
twenty (20) or more lots or units exercising the option to pay the $15 per square foot in-
lieu fee amount shall be required to provide the City with an executed enforceable
commitment that 30 percent of the workforce utilized to complete the construction of the
project be derived from a “Skilled and Trained Workforce” as defined in Public Contract
Code section 2601; and that a minimum of 35 percent of the required skilled and trained
workforce total work-hours shall be performed in accordance with local hire policies
approved by the City Council. This fee shall be reduced when the developer commits to
a higher utilization level as specified in the table below:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
60% of workforce
$10.00
90% of workforce
$5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(2) Timing of payment. The total fee amount for the entirety of a project is
calculated, determined, and set at the time of issuance of the first building permit for the
project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance
of the first occupancy approval for any construction which adds net residential units. If
the city approves a phased project, a proportional share of the required fee shall be paid
within each phase of the residential project. The in-lieu fees collected by the city are city
funds over which the city has complete and absolute discretion.
(3) Inclusionary housing fund. Fees collected in compliance with this section
shall be deposited in the inclusionary housing fund.
(4) The provisions of Section 41-1904(c)(1) may only be modified by the
affirmative vote of at least five (5) members of the City Council.
Sec. 41-1904.1. Inclusionary housing development incentives for production of
units.
(a) In order to make the production of new inclusionary units on -site or off-site or off-
site rehabilitated units, certain incentives, standards and concessions shall be allowed
Ordinance No. NS-XXX
Page 10 of 17
and prescribed as set forth herein below. Such concessions shall not be available to those
developers that choose to pay an in lieu fee rather than build the units. The developer
may opt to take advantage of up to two (2) concessions among the following possible
concessions:
(1) Parking concession. One on-site parking space for each zero to one
bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit;
two and one-half (2½) parking spaces for each four (4) or more bedroom unit.
(2) Concession on one of the following Zoning Code site development
standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on
subject property;
(ii) Height increase of up to twenty (20) additional feet.
(b) A developer of a for sale residential project proposing to provide on-site moderate
income units and a surrounding community benefit may opt to take advantage of up to
three (3) of the above concessions. The surrounding community benefit will include but
not be limited to park improvements, urban community gardens, developer-funded down
payment assistance, or subsidy of services, activities or programs.
(1) Local Density Bonus. For each 1 percent increase above 5 percent in the
percentage of for-sale units affordable to moderate income households, the base density
shall be increased by 1.5 percent up to a maximum of 35 percent.
Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following
requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary
housing plan in a form specified by the executive director, detailing how the provisions of
this article will be implemented for the proposed residential project. The inclusionary
housing plan and its supportive documents, plans, and details shall be submitted at the
same time as the site plan and application materials for the original project. All
inclusionary housing plans shall be subject to the approval of the executive director and
subject to appeal processes and procedures set forth in the Santa Ana Municipal Code.
2) Inclusionary housing agreement. The developer shall execute and cause to
be recorded an inclusionary housing agreement. The inclusionary housing agreement
shall be a legally binding agreement between the developer and the city, executed by the
city manager, or his or her designee, and in a form and substance satisfactory to the
executive director and the city attorney, and containing those provisions necessary to
ensure that the requirements of this article are satisfied, whether through the provision of
inclusionary units or through an approved alternative method.
(b) Discretionary approvals. No discretionary approval shall be issued for a residential
project subject to this article until the developer has submitted an inclusionary housing
plan.
Ordinance No. NS-XXX
Page 11 of 17
(c) Issuance of building permit. No building permit shall be issued for a residential
project subject to this article unless the executive director has approved the inclusionary
housing plan, and any required inclusionary housing agreement has been recorded.
(d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued
for a residential project subject to this article unless the approved inclusionary housing
plan has been fully implemented.
Sec. 41-1906. Standards.
(a) Location within project, relationship to non-inclusionary units. All inclusionary units
shall be:
(1) Reasonably dispersed throughout the residential project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space,
and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in
terms of design, materials, finished quality, and appearance; and
(4) Permitted the same access to project amenities and recreational facilities,
as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project shall be
constructed concurrent with, or before the construction of the market rate units. If the city
approves a phased project, a proportional share of the required inclusionary units shall
be provided within each phase of the residential project.
(c) Location outside the proposed original project. For projects where the developer
proposes to either produce new inclusionary units or rehabilitate existing off -site units to
meet the inclusionary affordable housing requirements of this ordinance, the off-site
project(s) containing the required inclusionary units shall be subject to the following
requirements:
(1) The sum-total area (in habitable square feet) of all the newly constructed
off-site inclusionary units shall be the same number of habitable square feet of
inclusionary area as required by this ordinance. For the purpose of the calculation of the
number of square feet of required inclusionary housing, the total gross habitable square
feet of the housing units of the original market rate project shall be used, as measured
from exterior walls to exterior walls of the market units provided as the base for
calculation. The common areas, exterior hallways, stairways, patios, and balconies shall
not be calculated in determining the number of required square feet of inclusionary
housing production. All new or rehabilitated units must meet all current zoning and
general plan standards.
Ordinance No. NS-XXX
Page 12 of 17
(2) While the total number of square feet of inclusionary housing requirement
is calculated based on the requirements of this ordinance, the number of units, bedrooms
and other amenities on the proposed off -site inclusionary housing location shall be
approved by the review authority commensurate with the size and type of un its most in
demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially
comparable to the market rate units included in the residential project in terms of quality
of design, materials and finishes.
(4) If tenants are displaced due to rehabilitation of housing to meet the
inclusionary unit requirement, the developer shall be responsible for relocation costs as
required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any
kind shall be expended on the production or building of any inclusionary housing projects
associated with meeting the inclusionary unit requirement.
(d) Timing of construction. All inclusionary units in a residential project or proposed
off-site new inclusionary units or rehabilitated units shall be constructed concurrent with,
or before the construction of the market rate units. If the city approves a phased project,
a proportional share of the required inclusionary units shall be provided within each phase
of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to
the target income level group at the applicable affordable housing cost for a minimum of
fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an
inclusionary unit offered for sale shall certify, on a form provided by the city, the income
of the purchaser and that such owners will live in such inclusionary unit as their primary
residence.
(3) Resale price control. In order to maintain the availability of inclusionary units
required by this article, the resale price of an owner occupied inclusionary unit shall be
limited to the lesser of the fair market value of the unit as established by a li censed real
estate agent based upon three (3) comparable properties or the restricted resale price.
For these purposes, the restricted resale price shall be the applicable affordable housing
cost.
(4) Inheritance of inclusionary units. Upon the death of an owner of an owner-
occupied inclusionary unit, title in the property may transfer to the surviving joint tenant
or heir (in the case of the death of a sole owner or all owners of the household).
Ordinance No. NS-XXX
Page 13 of 17
(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of
the resale price controls required by this section, the buyer and the seller shall be jointly
and severally liable to the city for the amount in excess of the affordabl e housing cost at
the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the
inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and
seller to cure any violation of the resale price controls within one hundred eighty (180)
days.
(f) Rental units.
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain
restricted to the target income level group at the applicable affordable housing cost for
fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall
certify, on a form provided by the city, the income of all members of the household above
the age of eighteen (18) at the time of the initial rental and annually thereafter.
(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this
article shall be required to forfeit to the city all money so obtained. Recovered funds shall
be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the
execution and recording of whatever documents are required to ensure enforcement of
this section; including, but not limited to, promissory notes, deeds of trust, resale
restrictions, rights of first refusal, options to purchase, and/or other documents, which
shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess
of the maximum amount allowed by any restriction placed on the unit in accordance with
this article.
(2) No person shall sell or rent an inclusionary unit to a person or persons that
do not meet the income restrictions placed on the unit in accordance with this article.
(3) No person shall provide false or materially incomplete information to the city
or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which
that person is not eligible.
(i) Principal residency requirement.
1. The owner or lessee of an inclusionary unit shall reside in the
unit for not less than ten (10) out of every twelve (12) months.
Ordinance No. NS-XXX
Page 14 of 17
2. No owner or lessee of an inclusionary unit shall lease or
sublease, as applicable, an inclusionary unit without the prior permission of the executive
director.
Sec. 41-1907. Reserved.
Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor.
(b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this
article shall be required to forfeit any money in excess of the affordable housing cost at
such time. Any individual who rents an inclusionary unit in violation of this article shall be
required to forfeit all money so obtained. Recovered funds shall be deposited into the
inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit,
certificate of occupancy, or discretionary approval; and
(2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing
agreement recorded hereunder, the city shall be entitled to recover its reasonable
attorney's fees and costs.
Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city,
to be known as the inclusionary housing fund. All monies collected pursuant to this article
shall be deposited in the inclusionary housing fund. Additional monies from other sources
may be deposited in the inclusionary housing fund. The monies deposited in the
inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to
increase and improve the supply of housing affo rdable to moderate, low, very low, and
extremely low income households in the city as specified in the city's affordable housing
funds policies and procedures. A priority will be on the creation of affordable housing
opportunities or units from the existing market rate housing stock rather than construction
of new affordable housing units and on the creation of new affordable housing
opportunities for large families currently living in the City. This includes, but is not limited
to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for
one-time programs for code enforcement, quality of life and general health and safety
activities. Monies may also be used to cover reasonable administrative or related
expenses associated with the administration of this article.
(2) The fund shall be administered by the executive director, or his or her
designee, who may develop procedures in the city's affordable housing funds policies and
Ordinance No. NS-XXX
Page 15 of 17
procedures to implement the purposes of the inclusionary housing fund consistent with
the requirements of this article and any adopted budget of the city.
(3) Monies deposited in accordance with this section shall be used in
accordance with the affordable housing funds policies and procedures, housing element,
consolidated plan, or subsequent plan adopted by the city council to construct,
rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of
market conversion, or to assist other government entities, private organizations, or
individuals to do so. Permissible uses include, but are not limited to, assistance to housing
development corporations, equity participation loans, grants, pre -home ownership co-
investment, pre-development loan funds, participation leases, or other public-private
partnership arrangements. The inclusionary housing fund may be used for the benefit of
both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall
implement a local preference in their resident selection criteria and marketing policies
meeting guidelines established by the executive director.
(5) A developer receiving funding from the inclusionary housing fund , as well
as its contractors and subcontractors at every tier performing work for the new housing
units is encouraged to negotiate in good faith to provide the City with an enforceable
commitment that a minimum 30% of the labor utilizing 2 or more construction trades be
performed by a “Skilled and Trained Workforce” as defined in Public Contract Code
section 2601 to complete the construction of the project. If so provided, a minimum of
35% of such labor for the project shall be performed in accordance with local hire policies
approved by the City Council.
Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing in-
lieu fee shall be subject to city council review and consideration as needed.
(b) Administration fees. The council may by resolution establish reasonable fees and
deposits for the administration of this article including an annual monitoring fee and an
inclusionary housing plan submittal fee.
(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city
will monitor the project to ensure that the income verifications are correct and in
compliance with the inclusionary housing administrative procedures. For ownership units,
the city shall monitor to verify that owner-occupancy requirements are maintained.
Developer/property owners are required to cooperate with the city in promptly providing
all information requested by the city in monitoring compliance with program requirements.
The city will conduct periodic random quality control audits of inclusionary units to ensure
compliance with rules and requirements. Such audits may include verification of
continued occupancy in inclusionary units by eligible tenants, compliance with the
Ordinance No. NS-XXX
Page 16 of 17
inclusionary housing plan and agreement, and physical inspections of the residential
project.
(e) Administrative procedures. The city manager is hereby authorized and directed
to promulgate administrative procedures for the implementation of this article.
Secs. 41-1911—41-1999. Reserved.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after its
adoption.
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 _______ day of ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
Ordinance No. NS-XXX
Page 17 of 17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-____________ to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
2021 List of Entitled Projects Vested Under the
Regulations and Provisions of Ordinance No. NS-2994
The development projects listed in Table 1 have received entitlement approvals by Planning Commission and/or City Council action
prior to November 16, 2021, to construct new residential units and are hereby determined to have vested the right to carry out the
completion and construction of the project under the regulations and provisions of Ordinance No. NS-2994 (HOO). The vested
regulations and provisions shall automatically terminate if any or all of the entitlement approvals become invalid for any reasons or
have expired under the various applicable time limits established in the Santa Ana Municipal Code or any applicable State Covid-19
pandemic relief or other applicable time extension provisions. Ordinance No. NS-2994 is incorporated herein by reference.
Table 1. Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994
No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements
1.1122 N. Bewley Street Bewley Townhomes 10 Provide inclusionary units as required
under NS-2994 or payment of in-lieu of
$5/sf
2.301 N. Mountain View Street Mountain View
Townhomes
8 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
3.200 N. Cabrillo Park Drive The Madison 260 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
4.1109 N. Broadway One Broadway Plaza 415 $15/sf in-lieu payment under a project
Mutual Declaration
5.3025 W. Edinger Avenue Haphan Townhomes 17 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
6.2800 N. Main Street/Specific
Plan No. 4
MainPlace Mall
Transformation 1,900
residential units
1,900 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
7.419 N. Harbor Boulevard
(previously 421 N. Harbor
Boulevard)
Fifth and Harbor
Mixed Use Apartments
94 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
8.3417 W. Fifth Street West Fifth Villas 8 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
The development projects listed in Table 2 have received entitlement approvals by Planning Commission or City Council action
prior to November 16, 2021, but did not trigger HOO provisions and have been identified herein for implementation clarity.
Table 2. Entitled Projects Not Triggering HOO requirements
No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements
1.201 W. Third Street 3rd and Broadway 171 HOO provisions not applicable to project
2.409 E. Fourth Street and 509 E.
Fourth Street
4th and Mortimer 169 HOO provisions not applicable to project
3.1801 E. Fourth Street Central Pointe 644 HOO provisions not applicable to project
4.200 E. First American Way Legado at the Met 278 HOO provisions not applicable to project
5.114 E. Fifth Street and 115 E.
Fifth Street
Rafferty (4th + Main) 220 HOO provisions not applicable to project
EXHIBIT A
0
COMMUNITY
ACTION
11870 Monarch Street PARTNERSHIP
ORANGE COUNTY
Garden Grove,CA 92841
February 15, 2022
City Council
City of Santa Ana
20 Civic Center Plaza
P.O. Bo 1988, M31
Santa Ana, CA 92701
Re: Item 25: Strengthen Housing Opportunity Ordinance and Affordable
Housing Funds Policies and Procedures
Dear Mayor and City Council Members,
Born of the War on Poverty, Community Action Partnership of Orange County
CAP OC) has worked to enhance the quality of life here since 1965. Through
our broad network of community partners, we boldly address the root causes
of poverty and advocate for change through systemic reforms, social justice,
and racial equity. We live and work in the neighborhoods we so passionately
serve—coming together from all backgrounds and experiences to stabilize,
sustain and empower individuals and families so they may build stronger
communities.
Every two years, we conduct a Community Needs Assessment (CNA) to
capture the problems and conditions of poverty in Orange County. Our last
CNA conducted in 2021 determined the lack of access to affordable housing to
be a top concern for our respondents. With many respondents feeling as if
they were "one check away from homelessness".
We are writing to support the amendments to the Housing Opportunity
Ordinance and Affordable Housing Funds Policies. The changes will ensure
that development in the City addresses housing needs for all residents in a
balanced manner. Many working families in Santa Ana continue to be
impacted by the rising cost of housing and the scarce housing opportunities
available at rents they can afford. In addition, many continue to face
economic uncertainty because of the ongoing COVID-19 pandemic. The
creation of housing at all income levels is vital to our recovery and will provide
stability for the majority of Santa Ana residents that are struggling with
housing availability and cost that existed long before the pandemic. It is
crucial that the City strengthen the Housing Opportunity Ordinance (HOO) to
ensure that housing opportunities are available for all residents in Santa Ana
along with new housing options being created in the City.
0
0
COMMUNITY
ACTION
11870 Monarch Street PARTNERSHIP
ORANGE COUNTY
Garden Grove,CA 92841
The City of Santa Ana is a renter majority city and despite the City's progress
towards meeting its Regional Housing Needs Assessment (RHNA) allocation
for very low- and low- income housing, there continues to be a great need for
housing that is affordable to its residents. The current pandemic has increased
the economic and housing pressures on low-income families in Santa Ana. As
incomes are decreasing and jobs are being lost, many low-income families are
struggling to remain housed. This is especially true for the majority of Santa
Ana's low-income households that are suffering with the impacts of housing
cost and economic uncertainty. According to the City's local data, 70% of
Santa Ana renters are low and very low-income renters. 80% of renters in
Santa Ana fall into the moderate, low-and very low-income categories and 84
of residents hold low-income occupations that pay less than $53,500 per
year'. Santa Ana's households are predominantly families comprising 81%of
households.2 These households are also rent burdened and live-in
overcrowded conditions3.
While the City has seen increased production of affordable housing there has
been a disproportionate production of above moderate housing with a total
of 3,274 above moderate units produced between 2013-2021, the City
exceeded its RHNA allocation by 3,638% per the City's RHNA progress reports
submitted to the state. With average rents of$2000 -$4000, none of these
above market rental units are affordable to most of Santa Ana's working
families. Housing costs in Santa Ana have been out of reach and will continue
to be out of reach in this current economic climate. Households in Santa Ana
must earn $44.83 an hour to afford two-bedroom housing.4 The proposed
amendments further incentivize housing units with market rate rents and are
not affordable to the majority of the City's residents.
The Commission supports the amendments to update the in-lieu fee to $15
per sq ft to be in line with a fee that is fair and allows the City to fund much
needed affordable housing for Santa Ana residents. We also support the wider
application of the Housing Opportunities Ordinance in the City of Santa Ana.
This will continue to facilitate the development of affordable housing in
various areas of the city.The Commission also recommends that the HOO
apply to all residential developments in the City. At a minimum the HOO
affordable housing requirements should apply to all residential and mixed-use
developments that are asking for zone changes, upzonings, following city
initiated specific plans, general plan updates or those asking for other
development incentives.
City of Santa Ana General Plan Housing Element 2014-2021,p. 14,January 2014.
City of Santa Ana General Plan Housing Element 2014—2021 page 11
3
City of Santa Ana General Plan Housing Element 2014—2021 page 20
O
4
National Low Income Housing Coalition.Out of Reach The High Cost of Housing 202 Lpg.18.Out of Reach 2021(nlihc.or
0
COMMUNITY
ACTION
11870 Monarch Street PARTNERSHIP
ORANGE COUNTY
Garden Grove,CA 92841
In addition, the HOO should apply to all developments taking advantage of
City initiated land use and zoning changes, specific plans and general plan
updates and amendments. Land use changes may create higher land values,
profit, and incentives for market rate developers. At the same time many of
these market developments are not affordable to the majority of Santa Ana's
residents. In exchange for these development incentives, new affordable
housing for Santa Ana residents must be created.
The City must also ensure that the Inclusionary Housing Fund monies
prioritize the construction of affordable housing for extremely low-and very
low-income families.These are the families that have the most pressing needs
in the City of Santa Ana. In addition, the fund should also prioritize addressing
housing insecurity, eviction prevention, and housing legal assistance for
residents that would directly help current Santa Ana residents with the
exception of code enforcement. Diversion of these funds to other programs
unrelated to housing and direct help for families would not increase or
improve the supply of affordable housing.
We urge you to take into consideration the amendments and proposed
recommendations to the Housing Opportunity Ordinance. These
recommendations will help the city increase affordable housing options for
residents and help the city meet equitable housing production goals.
Sincerely,INA
Curtis Gibbs
Director of Planning
Mow
L-
uKen nedyMMISS1 •
February 15, 2022 www.kennedycommission.org
17701 Cowan Ave.,Suite 200
Irvine,CA 92614
949 250 0909
Mayor and City Council
City of Santa Ana
20 Civic Center Plaza
P.O. Bo 1988, M31
Santa Ana, CA 92701
Re: Item 25: Housing Opportunity Ordinance
Dear Mayor and City Council Members,
The Kennedy Commission (the Commission) is a broad-based coalition of residents and community
organizations that advocates for the production of homes affordable for families earning less than $27,000
annually in Orange County. Formed in 2001, the Commission has been successful in partnering and
working with Orange County jurisdictions to create effective housing and land-use policies that has led to
the new construction of homes affordable to lower-income working families.
We are writing to support the amendments to the Housing Opportunity Ordinance and Affordable
Housing Funds Policies.The changes will ensure that development in the City addresses housing needs for
all residents in a balanced manner. Many working families in Santa Ana continue to be impacted by the
rising cost of housing and the scarce housing opportunities available at rents they can afford. In addition,
many continue to face economic uncertainty because of the ongoing COVID-19 pandemic. The creation of
housing at all income levels is vital to our recovery and will provide stability for the majority of Santa Ana
residents that are struggling with housing availability and cost that existed long before the pandemic. It is
crucial that the City strengthen the Housing Opportunity Ordinance (HOO) to ensure that housing
opportunities are available for all residents in Santa Ana along with new housing options being created in
the City.
The City of Santa Ana is a renter majority city and despite the City's progress towards meeting its Regional
Housing Needs Assessment (RHNA) allocation for very low- and low- income housing, there continues to
be a great need for housing that is affordable to its residents. The current pandemic has increased the
economic and housing pressures on low-income families in Santa Ana. As incomes are decreasing and jobs
are being lost, many low-income families are struggling to remain housed. This is especially true for the
majority of Santa Ana's low-income households that are suffering with the impacts of housing cost and
economic uncertainty. According to the City's local data, 70 % of Santa Ana renters are low and very low-
income renters. 80% of renters in Santa Ana fall into the moderate, low- and very low-income categories
and 84 % of residents hold low-income occupations that pay less than $53,500 per year'. Santa Ana's
households are predominantly families comprising 81% of households.2 These households are also rent
burdened and live-in overcrowded conditions'.
1
City of Santa Ana General Plan Housing Element 2014-2021,p.14,January 2014.
2
City of Santa Ana General Plan Housing Element 2014-2021 page 11
3
City of Santa Ana General Plan Housing Element 2014-2021 page 20
While the City has seen increased production of affordable housing there has been a disproportionate
production of above moderate housing with a total of 3,274 above moderate units produced between 2013-
2021, the City exceeded its RHNA allocation by 3,638% per the City's RHNA progress reports submitted
to the state. With average rents of$2000 - $4000, none of these above market rental units are affordable to
most of Santa Ana's working families. Housing costs in Santa Ana have been out of reach and will continue
to be out of reach in this current economic climate. Households in Santa Ana must earn $44.83 an hour to
afford two-bedroom housing.'The proposed amendments further incentivize housing units with market rate
rents and are not affordable to the majority of the City's residents.
The Commission supports the amendments to update the in-lieu fee to $15 per sq ft to be in line with a fee
that is fair and allows the City to fund much needed affordable housing for Santa Ana residents. We also
support the wider application of the Housing Opportunities Ordinance in the City of Santa Ana. This will
continue to facilitate the development of affordable housing in various areas of the city. The Commission
also recommends that the HOO apply to all residential developments in the City. At a minimum the HOO
affordable housing requirements should apply to all residential and mixed use developments that are asking
for zone changes,upzonings, following city initiated specific plans, general plan updates or those asking for
other development incentives.
In addition, the HOO should apply to all developments taking advantage of City initiated land use and
zoning changes, specific plans and general plan updates and amendments. Land use changes may create
higher land values,profit, and incentives for market rate developers. At the same time many of these market
developments are not affordable to the majority of Santa Ana's residents. In exchange for these development
incentives, new affordable housing for Santa Ana residents must be created.
The City must also ensure that the Inclusionary Housing Fund monies prioritize the construction of
affordable housing for extremely low- and very low-income families. These are the families that have the
most pressing needs in the City of Santa Ana. In addition,the fund should also prioritize addressing housing
insecurity, eviction prevention, and housing legal assistance for residents that would directly help current
Santa Ana residents with the exception of code enforcement. Diversion of these funds to other programs
unrelated to housing and direct help for families would not increase or improve the supply of affordable
housing.
We urge you to take into consideration the amendments and proposed recommendations to the Housing
Opportunity Ordinance. These recommendations will help the city increase affordable housing options for
residents and help the city meet equitable housing production goals.
Sincerely,
Cesar Covarrubias
Executive Director
4
National Low Income Housing Coalition.Out of Reach The High Cost of Housing 2021,pg.18.Out of Reach 2021(nlihc.org)
13 r
2/15/2022
Mayor Sarmiento and City Council
City of Santa Ana
20 Civic Center Plaza
P.O. Bo 1988, M31
Santa Ana, CA 92701
Re: Item 25: Strengthen Housing Opportunity Ordinance and Affordable Housing Funds
Policies and Procedures
Dear Mayor and City Council Members,
I write on behalf of Chispa to express our support for the amendments to the Housing
Opportunity Ordinance and Affordable Housing Funds Policies. The changes will ensure
that development in the City addresses housing needs for all residents in a balanced manner.
Many working families in Santa Ana continue to be impacted by the rising cost of housing and
the scarce housing opportunities available at rents they can afford. In addition, many continue to
face economic uncertainty because of the ongoing COVID-19 pandemic. The creation of housing
at all income levels is vital to our recovery and will provide stability for the majority of Santa
Ana residents that are struggling with housing availability and cost that existed long before the
pandemic. It is crucial that the City strengthen the Housing Opportunity Ordinance (HOO) to
ensure that housing opportunities are available for all residents in Santa Ana along with new
housing options being created in the City.
The City of Santa Ana is a renter majority city and despite the City's progress towards meeting
its Regional Housing Needs Assessment (RHNA) allocation for very low- and low- income
housing, there continues to be a great need for housing that is affordable to its residents. The
current pandemic has increased the economic and housing pressures on low-income families in
Santa Ana. As incomes are decreasing and jobs are being lost, many low-income families are
struggling to remain housed. This is especially true for the majority of Santa Ana's low-income
households that are suffering with the impacts of housing cost and economic uncertainty.
According to the City's local data, 70 % of Santa Ana renters are low and very low-income
renters. 80% of renters in Santa Ana fall into the moderate, low- and very low-income categories
and 84 % of residents hold low-income occupations that pay less than $53,500 per year'. Santa
Ana's households are predominantly families comprising 81% of households.' These households
are also rent burdened and live-in overcrowded conditions'.
While the City has seen increased production of affordable housing there has been a
disproportionate production of above moderate housing with a total of 3,274 above moderate
units produced between 2013-2021, the City exceeded its RHNA allocation by 3,638% per the
City's RHNA progress reports submitted to the state. With average rents of$2000 - $4000, none
of these above market rental units are affordable to most of Santa Ana's working families.
Housing costs in Santa Ana have been out of reach and will continue to be out of reach in this
current economic climate. Households in Santa Ana must earn $44.83 an hour to afford
two-bedroom housing.4 The proposed amendments further incentivize housing units with market
rate rents and are not affordable to the majority of the City's residents.
The Commission supports the amendments to update the in-lieu fee to $15 per sq ft to be in line
with a fee that is fair and allows the City to fund much needed affordable housing for Santa Ana
residents. We also support the wider application of the Housing Opportunities Ordinance in the
City of Santa Ana. This will continue to facilitate the development of affordable housing in
various areas of the city. The Commission also recommends that the HOO apply to all residential
developments in the City. At a minimum the HOO affordable housing requirements should apply
to all residential and mixed use developments that are asking for zone changes, upzonings,
following city initiated specific plans, general plan updates or those asking for other
development incentives.
In addition, the HOO should apply to all developments taking advantage of City initiated land
use and zoning changes, specific plans and general plan updates and amendments. Land use
changes may create higher land values, profit, and incentives for market rate developers. At the
same time many of these market developments are not affordable to the majority of Santa Ana's
residents. In exchange for these development incentives, new affordable housing for Santa Ana
residents must be created.
The City must also ensure that the Inclusionary Housing Fund monies prioritize the construction
of affordable housing for extremely low- and very low-income families. These are the families
that have the most pressing needs in the City of Santa Ana. In addition, the fund should also
prioritize addressing housing insecurity, eviction prevention, and housing legal assistance for
1
City of Santa Ana General Plan Housing Element 2014-2021,p. 14,January 2014.
2
City of Santa Ana General Plan Housing Element 2014—2021 page 11
3
City of Santa Ana General Plan Housing Element 2014—2021 page 20
4 National Low Income Housing Coalition.Out of Reach The High Cost of Housing 2021,pg.18.Out of Reach 2021(nlihc.ora)
residents that would directly help current Santa Ana residents with the exception of code
enforcement. Diversion of these funds to other programs unrelated to housing and direct help for
families would not increase or improve the supply of affordable housing.
We urge you to take into consideration the amendments and proposed recommendations to the
Housing Opportunity Ordinance. These recommendations will help the city increase affordable
housing options for residents and help the city meet equitable housing production goals.
A4-r-4
Bulmaro `Boomer'Vicente
Policy Director
L-
RennedyMMISS1 •
January 18, 2022 www.kennedycommission.org
17701 Cowan Ave.,Suite 200
Irvine,CA 92614
949 250 0909
Mayor and City Council
City of Santa Ana
20 Civic Center Plaza
P.O. Bo 1988, M31
Santa Ana, CA 92701
Re: Item 8: Housing Opportunity Ordinance
Dear Mayor and City Council Members,
The Kennedy Commission (the Commission) is a broad-based coalition of residents and community
organizations that advocates for the production of homes affordable for families earning less than $27,000
annually in Orange County. Formed in 2001, the Commission has been successful in partnering and
working with Orange County jurisdictions to create effective housing and land-use policies that has led to
the new construction of homes affordable to lower-income working families.
We are writing to support the amendments to the Housing Opportunity Ordinance and Affordable
Housing Funds Policies. The changes will ensure that development in the City addresses housing needs for
all residents in a balanced manner. Many working families in Santa Ana continue to be impacted by the
rising cost of housing and the scarce housing opportunities available at rents they can afford. In addition,
many continue to face economic uncertainty because of the ongoing COVID-19 pandemic. The creation of
housing at all income levels is vital to our recovery and will provide stability for the majority of Santa Ana
residents that are struggling with housing availability and cost that existed long before the pandemic. It is
crucial that the City strengthen the Housing Opportunity Ordinance (HOO) to ensure that housing
opportunities are available for all residents in Santa Ana along with new housing options being created in
the City.
The City of Santa Ana is a renter majority city and despite the City's progress towards meeting its Regional
Housing Needs Assessment (RHNA) allocation for very low- and low- income housing, there continues to
be a great need for housing that is affordable to its residents. The current pandemic has increased the
economic and housing pressures on low-income families in Santa Ana. As incomes are decreasing and jobs
are being lost, many low-income families are struggling to remain housed. This is especially true for the
majority of Santa Ana's low-income households that are suffering with the impacts of housing cost and
economic uncertainty. According to the City's local data, 70 % of Santa Ana renters are low and very low-
income renters. 80% of renters in Santa Ana fall into the moderate, low- and very low-income categories
and 84 % of residents hold low-income occupations that pay less than $53,500 per year'. Santa Ana's
households are predominantly families comprising 81% of households.' These households are also rent
burdened and live-in overcrowded conditions'.
1
City of Santa Ana General Plan Housing Element 2014-2021,p.14,January 2014.
2
City of Santa Ana General Plan Housing Element 2014—2021 page 11
3
City of Santa Ana General Plan Housing Element 2014—2021 page 20
While the City has seen increased production of affordable housing there has been a disproportionate
production of above moderate housing with a total of 3,274 above moderate units produced between 2013-
2021, the City exceeded its RHNA allocation by 3,638% per the City's RHNA progress reports submitted
to the state. With average rents of$2000 - $4000, none of these above market rental units are affordable to
most of Santa Ana's working families. Housing costs in Santa Ana have been out of reach and will continue
to be out of reach in this current economic climate. Households in Santa Ana must earn $44.83 an hour to
afford two-bedroom housing.4 The proposed amendments further incentivize housing units with market rate
rents and are not affordable to the majority of the City's residents.
The Commission supports the amendments to update the in-lieu fee to $15 per sq ft to be in line with a fee
that is fair and allows the City to fund much needed affordable housing for Santa Ana residents. We also
support the wider application of the Housing Opportunities Ordinance in the City of Santa Ana. This will
continue to facilitate the development of affordable housing in various areas of the city. The Commission
also recommends that the HOO apply to all residential developments in the City. At a minimum the HOO
affordable housing requirements should apply to all residential and mixed use developments that are asking
for zone changes,upzonings, following city initiated specific plans, general plan updates or those asking for
other development incentives.
In addition, the HOO should apply to all developments taking advantage of City initiated land use and
zoning changes, specific plans and general plan updates and amendments. Land use changes may create
higher land values,profit, and incentives for market rate developers.At the same time many of these market
developments are not affordable to the majority of Santa Ana's residents. In exchange for these development
incentives, new affordable housing for Santa Ana residents must be created.
The City must also ensure that the Inclusionary Housing Fund monies prioritize the construction of
affordable housing for extremely low- and very low-income families. These are the families that have the
most pressing needs in the City of Santa Ana. In addition,the fund should also prioritize addressing housing
insecurity, eviction prevention, and housing legal assistance for residents that would directly help current
Santa Ana residents with the exception of code enforcement. Diversion of these funds to other programs
unrelated to housing and direct help for families would not increase or improve the supply of affordable
housing.
We urge you to take into consideration the amendments and proposed recommendations to the Housing
Opportunity Ordinance. These recommendations will help the city increase affordable housing options for
residents and help the city meet equitable housing production goals.
Sincerely,
Cesar Covarrubias
Executive Director
4
National Low Income Housing Coalition.Out of Reach The High Cost of Housing 202Lpg.18.Out of Reach 2021(nlihc.org)
II
January 14th, 2022
Mayor Sarmiento and City Council Members
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Item 8: Strengthen Housing Opportunity Ordinance and Affordable Housing Funds
Policies and Procedures
Dear Mayor and City Council Members,
Chispa is a political home for young Latinx in Orange County. Chispa seeks to engage
with excluded peoples to uproot systems of oppression and cultivate systems grounded in
community accountability, solidarity, and self-determination for our communities to
thrive.
We are writing to support the amendments to the Housing Opportunity Ordinance
and Affordable Housing Funds Policies. The changes will ensure that development in
the City addresses housing needs for all residents in a balanced manner. Many working
families in Santa Ana continue to be impacted by the rising cost of housing and the scarce
housing opportunities available at rents they can afford. In addition, many continue to face
economic uncertainty because of the ongoing COVID-19 pandemic. The creation of
housing at all income levels is vital to our recovery and will provide stability for the
majority of Santa Ana residents that are struggling with housing availability and cost that
existed long before the pandemic. It is crucial that the City strengthen the Housing
Opportunity Ordinance (HOO) to ensure that housing opportunities are available for all
residents in Santa Ana along with new housing options being created in the City.
The City of Santa Ana is a renter majority city and despite the City's progress towards meeting
its Regional Housing Needs Assessment (RHNA) allocation for very low- and low- income
housing, there continues to be a great need for housing that is affordable to its residents. The
current pandemic has increased the economic and housing pressures on low-income families in
Santa Ana. As incomes are decreasing and jobs are being lost, many low-income families are
struggling to remain housed. This is especially true for the majority of Santa Ana's low-income
households that are suffering with the impacts of housing cost and economic uncertainty.
According to the City's local data, 70 % of Santa Ana renters are low and very low-income
renters. 80% of renters in Santa Ana fall into the moderate, low- and very low-income categories
and 84 % of residents hold low-income occupations that pay less than $53,500 per year'. Santa
Ana's households are predominantly families comprising 81% of households.' These households
are also rent burdened and live-in overcrowded conditions'.
While the City has seen increased production of affordable housing there has been a
disproportionate production of above moderate housing with a total of 3,274 above moderate
units produced between 2013-2021, the City exceeded its RHNA allocation by 3,638% per the
City's RHNA progress reports submitted to the state. With average rents of$2000 - $4000, none
of these above market rental units are affordable to most of Santa Ana's working families.
Housing costs in Santa Ana have been out of reach and will continue to be out of reach in this
current economic climate. Households in Santa Ana must earn $44.83 an hour to afford
two-bedroom housing.4 The proposed amendments further incentivize housing units with market
rate rents and are not affordable to the majority of the City's residents.
The Commission supports the amendments to update the in-lieu fee to $15 per sq ft to be in line
with a fee that is fair and allows the City to fund much needed affordable housing for Santa Ana
residents. We also support the wider application of the Housing Opportunities Ordinance in the
City of Santa Ana. This will continue to facilitate the development of affordable housing in
various areas of the city. The Commission also recommends that the HOO apply to all residential
developments in the City. At a minimum the HOO affordable housing requirements should apply
to all residential and mixed use developments that are asking for zone changes, upzonings,
following city initiated specific plans, general plan updates or those asking for other
development incentives.
In addition, the HOO should apply to all developments taking advantage of City initiated land
use and zoning changes, specific plans and general plan updates and amendments. Land use
changes may create higher land values, profit, and incentives for market rate developers. At the
same time many of these market developments are not affordable to the majority of Santa Ana's
residents. In exchange for these development incentives, new affordable housing for Santa Ana
residents must be created.
The City must also ensure that the Inclusionary Housing Fund monies prioritize the construction
of affordable housing for extremely low- and very low-income families. These are the families
1
City of Santa Ana General Plan Housing Element 2014-2021,p. 14,January 2014.
2
City of Santa Ana General Plan Housing Element 2014—2021 page 11
3
City of Santa Ana General Plan Housing Element 2014—2021 page 20
4 National Low Income Housing Coalition.Out of Reach The High Cost of Housing 2021,pg.18.Out of Reach 2021(nlihc.org)
that have the most pressing needs in the City of Santa Ana. In addition, the fund should also
prioritize addressing housing insecurity, eviction prevention, and housing legal assistance for
residents that would directly help current Santa Ana residents with the exception of code
enforcement. Diversion of these funds to other programs unrelated to housing and direct help for
families would not increase or improve the supply of affordable housing.
We urge you to take into consideration the amendments and proposed recommendations to the
Housing Opportunity Ordinance. These recommendations will help the city increase affordable
housing options for residents and help the city meet equitable housing production goals.
Bulmaro Vicente
Policy Director
Orozco, Norma
From: Alex Lee <a1exlee1212@protonmail.com>
Sent: Tuesday, January 04, 2022 7:15 AM
To: eComment; Gomez, Daisy; Carvalho, Sonia R.
Subject: HOO and Additional Thai Phan Complaint
Attachments: Complaint Form 01-04-2022.pdf, Phan Complaint Addendum 12-08-2021.pdf, Phan
Complaint Addendum 12-22-2021.pdf, Phan Complaint Addendum 12-16-2021.pdf
Please see attached. Contrary to Phan and/or the City Attorney's opinion, a conflicted official MAY NOT
participate in any way including asking for a continuance.
Complaint Type
Electronic Complaint System
Complaint: If you suspect someone has violated the Political Reform Act, file a complaint with the FPPC's
Enforcement Division using the Electronic Complaint System. To file, provide the requested information on the
complaint below, attach all documents you have containing evidence of the violations using the document uploader,
and click submit. You will receive an email confirming receipt of your complaint if you provide a return email address.
If you file a sworn complaint, you will receive notifications regarding your complaint.
Referral: Filing officers can submit referrals to the Enforcement Division using the Electronic Complaint System. To
refer a matter for prosecution by the Enforcement Division, provide the information requested below, attach the
respondent's most recent statement or report and a copy of your conflict of interest code (if applicable), and click
submit. You will receive an email confirming receipt of the referral and notification when the FPPC takes action on the
referral.
If you have questions or problems submitting your complaint or referral, please email complaint@.ppcca.gov
and we will assist you.
Complaint Type
Complaint Type:
Non -Sworn
Complaint
You will not receive any notifications regarding your complaint, but may be contacted for more
information. Your complaint is a public document.
Complaint Details
Your Contact Information
First Name: Alex Last Name: Lee
Email: alexleel212&protonmail.com Phone Number: email please
Please note that non -sworn complaints do not receive notice of the resolution of the complaint.
In order to check the status of your complaint, you will need to email complaint&fppc.ca.gov.
Complaint Submission:: Page 1 of 3
Respondent Information
Position/Office
First Last Zip Phone
Held (if Jurisdiction Name Name Address City State Code Email
Number
applicable)
20 Civic
San( ta
City Council Santa Ana Thai Phan Center
Ana
CA 92701 tphan(a)santa-ana.ora 647-5400
Plaza
Committee or Organization Name Committee ID Address City State Zip Code Email Phone Number
Entity Name Entity ID Address City State Zip Code Email Phone Number
Violation Information
Violation Violation Code
Violation Comments
Type Section
Manner of
Conflict Disqualification/Leave Please see letter and description in other violation allegation. Phan must not
of participate in the HOO hearings. She cannot make motions to continue with antheRoom
Interest
Requirement (87105)
unwaivable conflict of interest.
Conflict
Please see attached letter. Councilwoman Thai Phan has a conflict of interest in
of
87306.5 - Conflict of the issue of the Santa Ana Housing Opportunity Ordinance because she works
Interest
Interest Code; Local for Rutan & Tuckler who represents many local developers. Rtaher than recuse
herself, she has participated in three hearings.
ATTN - THE FPPC WILL NOT ACCEPT COMPLAINTS REGARDING THE FOLLOWING VIOLATIONS:
Brown Act
False or Misleading Campaign Materials
Election Fraud
Federal Campaigns
Local Ordinance/Local Contribution Limits
Vandalism to Campaign Signs
Not Living in the Jurisdiction
These alleged violations are not enforced by the FPPC. Please contact your local jurisdiction (i.e. your city attorney,
county counsel, or District Attorney).
Witnesses
First Last Street Address (including City State Zip Phone Email Information this Witness
Name Name number) Code Can Provide
Upload
Files
Document Name
Complaint Submission:: Page 2 of 3
Update Date/Time
Phan Complaint Addendum 12-08-2021.pdf 1 /4/2022 6:40 AM
Phan Complaint Addendum 12-16-2021.pdf
Phan Complaint Addendum 12-22-2021.pdf
Please click the upload document button after selecting your additional files.
Submit
Submit
1 /4/2022 6:40 AM
1 /4/2022 6:40 AM
Complaint Submission:: Page 3 of 3
December 22, 2021
sent January 3, 2022)
Fair Political Practices Commission
Enforcement Division
1102 Q Street, Suite 3000
Sacramento, CA 95811
Also sent via email to complaint@fppc.ca.gov
Santa Ana City Clerk
20 Civic Center Plaza
Santa Ana, CA 92701
Also sent via email to dgomez@santa-ana.org
Santa Ana City Attorney
20 Civic Center Plaza
Santa Ana, CA 92701
Also sent via email to scarvalho@santa-ana.org
Regarding: Complaint regarding Conflict of Interest by City Councilwoman Thai Phan
To Whom it May Concern,
This letter is an addendum to the letters dated December 1, 2021 and December 8, 2021 regarding the
same conflict. On December 21, 2021, after receipt of that letter and with full knowledge of the issues
outlined, Councilwoman Thai Phan continued to participate in the HOO amendment matter and
quadrupled down on her violation of the code by making a motion to continue the HOO amendment
item.
The video of the hearing can be found at https://youtu.be/BJM5QCPiOds (Santa Ana Council, Dec 21,
2021-English, published by City of Santa Ana).
At Hour 4, minute 42, Mayor Sarmiento asks the Council if there are any items they would like to pull
from the consent calendar. Councilwoman Thai Phan made the following comment:
Thank you Mayor, 1 would like to ask that we again continue Item number 17, that's
regarding the Housing Opportunities Ordinance. Last time this item came up 1 asked
for a similar continuance in order to receive advice from the FPPC subject to a
complaint or referral comment from the public. 1 also did confirm with Madam City
Attorney that a request to continue an item is not a violation of FPPC regulations so
that is one item. And the other is 1'd like to specifically state that 1 have a conflict of
interest on Item 29 only as to the contract for Item 1 which is relating to Atkinson,
Adelson, Loya, Ruud, AALR, as they are client of my employer Rutan & Tucker. So 1
will be able to vote on the remaining items on Item 29, but not that particular
Agreement.
So, Councilwoman Phan does apparently understand what a conflict of interest based on her
employment at Rutan & Tucker is. It is hard to ascertain how she believes she still has the right to
participate on the HOO item under any circumstances.
At Hour 4, minute 46, Councilwoman Phan makes a motion on Item 17, the HOO
1 would move to continue it.
As previously stated, the proper procedure for Councilwoman Phan would have been to recuse herself
from the item completely and, if the City Attorney felt that a continuance was in order, for the City
Attorney to provide the option to the City Council to continue the item until a response of the conflict of
interest was received. IT IS A SEPARATE AND ADDITONAL VIOLATION OF THE STATE LAW AND
MUNICIPAL CODE FOR COUNCILWOMAN THAI PHAN TO MAKE A MOTION TO CONTINUE ON A VOTE
WHERE SHE HAS A CONFLICT OF INTEREST. There is no exception in the law for participation in a matter
where an official has a conflict of interest to obtain a continuance of the item and certainly no ability to
make a motion of any kind where a conflict exists. The common sense reasoning for this would be if
Councilwoman Phan wanted to block the HOO amendment from being adopted for the benefit of her
Rutan & Tucker builder and developer clients, she could continually make motions to continue the item
thereby preventing the adoption of the item. The fact that the City Attorney requested an opinion from
the FPPC does not create a safe harbor for the conflicted official to continue to participate in the matter
in any way, even to continue it.
We ask the Fair Political Practices Commission to take this blatant disregard into consideration when
considering the investigation against Councilwoman Phan. As a professional municipal lawyer, she
knows the law and cannot plead ignorance. She has clearly let her political aspirations cloud her
professional judgement. Councilwoman Phan and the Santa Ana City Attorney are acting with a blatant
disregard for the public by continuing to allow her to participate on this item.
Sincerely,
a e-
Alex Lee
On behalf of numerous concerned Santa Ana
residents
alexleel212@protonmail.com
Enc: Package dated 12/1/2021
Package dated 12/8/2021
Orozco, Norma
From: Alex Lee <alexlee1212@protonmail.com>
Sent: Thursday, December 16, 2021 10:10 AM
To: Gomez, Daisy; Carvalho, Sonia R.; eComment
Subject: Re: FPPC Complaints filed Against Councilwoman Phan and Commissioner Ramos and
Agenda Item 9
Attachments: Phan Complaint Addendum 12-16-2021.pdf
The attached addendum was sent to the FPPC
We are working with legal council and intend to take action against the City of Santa Ana unless this issue is
properly dealt with.
Alex
Original Message -------
On Tuesday, December 7th, 2021 at 12:10 PM, Alex Lee <alexlee1212@protonmail.com> wrote:
Hello,
I am writing on behalf of many concerned Santa Ana citizens. We feel that the HOO
amendments put forward by Commissioner Ramos and Councilwoman Phan have been a
coordinated effort to reward their political benefactors and that the votes taken by these two
officials have been violations of State and City code.
We call on the City Attorney, Mayor, and City Manager to cure this issue at once and to send the
HOO back to the Planning Commission (as several Councilmembers requested) for a hearing of
the new items raised by the conflicted members and a fair an impartial process without
Commissioner Ramos or Councilwoman Phan involved.
The referral to the FPPC is a referral and not a complaint yet. A sworn complaint will be filed if
the Council votes on the item tonight. The violation has already occurred regardless of the vote
tonight, however, Councilwoman Phan and the rest of the Council should not commit an
additional violation by voting on this item this evening.
Furthermore, the item is NOT appropriate for a second reading on the consent calendar because
the item has changed so materially from the original item that a full presentation of the change
MUST be presented before approval.
Legal issues of this approval include but are not limited to:
1. Improper Vote at Planning Commission with a conflict of interest and a pre -written motion
drafted by sources of income to Ramos.
2. Improper Vote at City Council with a conflict of interest and illegal conditions presented by
Councilwoman Phan.
3. Improper Vote on second reading at City Council with the same conflict of interest, illegal
conditions, and a improper placement of the item on consent calendar when the item had material
additional amendments.
The residents of Santa Ana deserve better representation than this. If the Council proceeds with
this vote tonight on the consent calendar, the Council will be improperly approving an already
improperly reviewed ordinance, drafted in a flawed process, by conflicted officials who should
have recused themselves from this item. There are several flaws in the process which WILL
subject the City to costly litigation.
Sincerely,
Alex Lee
December 8, 2021
Fair Political Practices Commission
Enforcement Division
1102 Q Street, Suite 3000
Sacramento, CA 95811
Also sent via email to complaint@fppc.ca.gov
Santa Ana City Clerk
20 Civic Center Plaza
Santa Ana, CA 92701
Also sent via email to dgomez@santa-ana.org
Santa Ana City Attorney
20 Civic Center Plaza
Santa Ana, CA 92701
Also sent via email to scarvalho@santa-ana.org
Regarding: Complaint regarding Conflict of Interest by City Councilwoman Thai Phan
To Whom it May Concern,
This letter is an addendum to the letter dated December 1, 2021 regarding the same conflict. On
December 7, 2021, after receipt of that letter and with full knowledge of the issues outlined,
Councilwoman Thai Phan continued to participate in the HOO amendment matter and tripled down on
her violation of the code by making a motion to continue the item.
The video of the hearing can be found at https://www.youtube.com/watch?v=bFtvMlUmKnM (Santa
Ana Council, Dec 7, 2021-English, published by City of Santa Ana).
At Hour 1, minute 27, before public comments, Councilwoman Thai Phan made the following comment:
Thank you, Mayor. So, this afternoon, the City and 1 received a correspondence from
an alleged resident stating that, or alleging that 1 have a conflict of interest, calling in
my ethical reasoning and my judgement. This is regarding an alleged conflict on the
Housing Opportunity Ordinance. 1 do not believe that 1 have a conflict of interest,
however, out of an abundance of caution, 1 have asked the City Attorney's office to
seek a formal opinion letter from the FPPC regarding the Housing Opportunity
Ordinance. As a result, and related thereto, 1 will move and ask the Council to
continue Item 9 regarding the Housing Opportunity Ordinance and again, out of an
abundance of caution, Item 37, the General Plan Amendment until the City receives a
response from the FPPC.
The proper procedure for Councilwoman Phan would have been to recuse herself from the item
completely and, if the City Attorney felt that a continuance was in order, for the City Attorney to provide
the option to the City Council to continue the item until a response of the conflict of interest was
received. IT IS A SEPARATE AND ADDITONAL VIOLATION OF THE STATE LAW AND MUNICIPAL CODE FOR
COUNCILWOMAN THAI PHAN TO MAKE A MOTION TO CONTINUE ON A VOTE WHERE SHE HAS A
CONFLICT OF INTEREST. There is no exception in the law for participation in a matter where an official
has a conflict of interest to obtain a continuance of the item and certainly no ability to make a motion of
any kind where a conflict exists.
We ask the Fair Political Practices Commission to take this blatant disregard into consideration when
considering the investigation against Councilwoman Phan. As a professional municipal lawyer, she
knows the law and cannot plead ignorance. She has clearly let her political aspirations cloud her
professional judgement.
Attached is an analysis which our attorney prepared in preparation for challenging the decision should
the City of Santa Ana refuse to remedy this situation.
Sincerely,
a e.-
Alex Lee
On behalf of numerous concerned Santa Ana
residents
alexleel212@protonmail.com
Enc: Package dated 12/1/2021
Legal Analysis
This letter serves as a follow up to the December 1, 2021 "Complaint regarding Conflict of
Interest by City Councilwoman Thai Phan" (the "Complaint"). The facts and allegations stated in the
Complaint are incorporated herein.
As a member of the Santa Ana City Council ("City Council"), Ms. Phan is prohibited by
Government Code Section 87100 of the Political Reform Act of 1974 (the "PRA" or the "Act") from
making, participating in making, or attempting to use her official position to influence any governmental
decision in which she knew, or had reason to know, she had a financial interest. By making governmental
decisions in which she had a financial interest, Ms. Phan violated Government Code Section 87100. The
only acceptable remedy is for the City Council to formally rescind its November 16, 2021 approval of the
Housing Opportunity Ordinance ("HOO") and convene a new vote among eligible, non -conflicted
members of the City Council.
I. Introduction to the Law
When the PRA was enacted, the people of the state of California found and declared that previous
laws regulating political practices suffered from inadequate enforcement by state and local authorities.
Government Code § 81001(h).) Government Code Section 81003 requires that the Act be "liberally
construed to accomplish its purposes." As such, the Act sets the floor, but not the ceiling, for the conduct
of public officials.
The goal of the State's conflict -of -interest laws is to promote public confidence in public
agencies. The Act is intended to ensure that "[p]ublic officials, whether elected or appointed ... perform
their duties in an impartial manner, free from bias caused by their own financial interests or the financial
interests of persons who have supported them[.]" (Government Code § 81001(b).)
Section 87100 prohibits public officials from making, participating in making, or attempting to
use their official positions to influence any governmental decision in which they knew, or have reason to
know, they have a financial interest. A public official has a financial interest in a decision if it is
reasonably foreseeable that the decision will have a "material financial effect" on a recognized economic
interest of the official. (Government Code § 87103.)
An analysis on this issue requires six steps to determine whether a public official has a conflict of
interest in a governmental decision.' That analysis follows:
1. The public official must be one as defined in the Act.
Government Code Section 82048 defines "[p]ublic official" to mean every member of a "local
government agency." Government Code Section 82041 defines " [1]ocal government agency" to include a
city council, which is "any department, division, bureau, office, board, commission or other agency" of a
City.
2. The public official must make, participate in making, or attempt to use their official position
to influence a governmental decision.
A public official "makes a governmental decision" when the public official votes on a matter.
Regulation § 18704(a).)
The Public Generally Exception (Regulations § 18703(a)) does not appear to apply here, nor does the
Legally Required Participation Exception (Government Code § 87101).
3. The public official must have an economic interest that may be financially affected by the
governmental decision.
A public official has an economic interest in any business entity from which they have received
income aggregating $500 or more within 12 months prior to the time when the relevant governmental
decision is made. (Regulation 18700.1(a)(2).)
4. The economic interest of the public official must be directly or indirectly involved in the
decision, or there must be a nexus between the public official's duties owed to the source of
income and the official's public agency.
A nexus exists between the public official's duties owed to the source of income and the official's
public agency if the public official receives or is promised the income to achieve a goal or purpose that
would be achieved, defeated, aided, or hindered by the decision. (Regulation 18702.3(b).)
5. It must be decided what materiality standard applies to the economic interest of the public
official
Any reasonably foreseeable financial effect on a business entity that is a source of income to a
public official is deemed material if the public official receives or is promised the income to achieve a
goal or purpose that would be achieved, defeated, aided, or hindered by the decision. (Regulation
18702.3(b).)
6. Finally, it must have been reasonably foreseeable, at the time the governmental decision was
made, that the decision would have a material financial effect on the economic interest of the
official
If the financial effect can be recognized as a realistic possibility and more than hypothetical or
theoretical, it is reasonably foreseeable. (Regulation 18701(a), (b).) A material financial effect on an
economic interest is reasonably foreseeable if it is substantially likely that one or more of the materiality
standards applicable to the economic interest will be met as a result of the governmental decision.
II. Application of the Law to the Facts
Ms. Phan was a Public Official.
At all times relevant to this matter, Ms. Phan was a member of the Santa Ana City Council, and
was thus a public official under the Act.
2. Ms. Phan made a Governmental Decision.
On November 16, 2021, Ms. Phan, in her official capacity as a member of the City Council, not
only voted on the HOO, but lead the discussion. When Ms. Phan voted on the matter, she made a
governmental decision.
Ms. Phan had an Economic Interest.
During the 12 months before November 16, 2021, Ms. Phan received over $10,000 of income
from the law firm of Rutan & Tucker (the "Firm"). Ms. Phan's 2021 Form 700 shows over $100,000 from
the Firm, where she remains employed as of the date of this letter. She therefore had an economic interest
in the Firm on November 16, 2021.
4. There was a Nexus between Ms. Phan's Duties owed to the Firin and to the Council.
Ms. Phan's duties as an attorney within the "Builders and Land Developers Team" of the Firm
includes advocating on behalf of the Firm's real estate client base, which includes developers of projects
in Santa Ana. Upon information and belief, the Firm represents real estate developer Centennial in the re -
entitlement of the 49-acre Main Place Mall as well as the developer(s) of the One Broadway Plaza
project, which is being re -entitled to include 14 floors of residential apartments. Both are major
redevelopment projects in Santa Ana. Centennial's Santa Ana Main Place Mall and the One Broadway
Plaza project developer(s) could be two of the "vested" projects specifically carved out of the HOO
legislation approved by Ms. Phan. Because Centennial, the One Broadway Plaza developer(s), and likely
other developers of Santa Ana residential projects are clients of the Firm, and Ms. Phan's duties as an
associate attorney within the "Builders and Developers Team" includes representing developer clients and
promoting the financial interests of the Firm, Ms. Phan's votes on the HOO created a nexus between her
duties owed to the Firm and her duties owed to the public via the City Council. (Regulation 18702.3(b).)
It takes little imagination to foresee a situation where a Firm client might directly, and
significantly, benefit from certain changes to the HOO.
Any Reasonably Foreseeable Financial Effect on the Firm met the Materiality Standard.
Because there existed a nexus between Ms. Phan's duties to the Firm and its clients and to the
City Council, any reasonably foreseeable financial effect on the Firm is deemed material. (Regulation
18702.3(b).)
It was Substantially that Ms. Phan's Decisions would have a Financial Effect on
the Firm.
Upon information and belief, it was substantially likely that Ms. Phan's decisions would result in
benefits to Centennial, the developer(s) of One Broadway Plaza, and potentially other Firm clients who
have projects within the City. It is also substantially likely Ms. Phan's decisions could increase or
enhance those clients' ties to and business with the Firm, or attract new clients to the Firm. As such, it
was reasonably foreseeable at the time of the decision that the decision would have a financial effect on
the Firm.
III. Conclusion
Based on the above, by making governmental decisions in which she had a financial interest, Ms.
Phan violated Government Code Section 87100. As stated above, the only acceptable remedy is for the
City Council to formally rescind its November 16, 2021 approval of the Housing Opportunity Ordinance
and convene a new vote among eligible, non -conflicted members of the City Council.