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HomeMy WebLinkAboutItem 24 - Amendment Application No. 2026-02 for the Santa Clara Avenue Planning and Building Agency www.santa-ana.org/pb Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 21, 2026 TOPIC: 2101 and 2109 East Santa Clara Avenue Zone Change – Second Reading AGENDA TITLE Second Reading and Adoption of Ordinance Amendment Application (AA) No. 2026-02 for the Santa Clara Avenue Zone Change (2101 and 2109 East Santa Clara Avenue) First reading April 7, 2026 City Council Meeting and approved by a vote of 7-0. Legal notice published in the OC Reporter on April 10, 2026. RECOMMENDED ACTION Conduct a second reading and adopt an ordinance approving Amendment Application No. 2026-02. ORDINANCE NO. NS-3093 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2026-02 AMENDING THE ZONING FOR THE PROPERTIES LOCATED AT 2101 AND 2109 EAST SANTA CLARA AVENUE (APNS: 396-261-26 AND 396-261-38) FROM GENERAL AGRICULTURAL (A-1) TO ARTERIAL COMMERCIAL (C-5), read by title only and waived further reading. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On April 7, 2026, City Council conducted a first reading of an ordinance, Amendment Application No. 2026-02, to change the zoning district designation of two properties located at 2101 and 2109 East Santa Clara Avenue from General Agricultural (A-1) to Arterial Commercial (C-5). The ordinance was approved unanimously and requires a second reading and adoption to become effective May 21, 2026. A copy of the ordinance for second reading is attached to this Report as Exhibit 1. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is not subject to additional environmental review pursuant to CEQA Guidelines Section 15162, as it is within the scope of the 2022 City of Santa Ana AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change – Second Reading April 21, 2026 Page 2 5 7 2 0 General Plan Environmental Impact Report (EIR) (SCH No. 2020029087), which was certified in conjunction with adoption of the General Plan Update. Section 15162 prohibits preparation of a subsequent or supplemental EIR unless substantial changes are proposed to the project, substantial changes occur in the circumstances under which the project is undertaken, or new information of substantial importance becomes available that was not known and could not have been known at the time the prior EIR was certified. The proposed zone change is a City-initiated corrective action that aligns zoning with the GC land use designation adopted through the 2022 General Plan Update and does not authorize any new development, construction, or change in intensity beyond what was previously analyzed in the General Plan EIR. The land use designation and development assumptions associated with the proposed zoning were fully evaluated in the certified General Plan EIR. No substantial changes to the project, no changes in circumstances, and no new information requiring major revisions to the EIR have been identified. Accordingly, no subsequent or supplemental EIR is required pursuant to CEQA Guidelines Section 15162. In addition, the proposed zoning amendment is exempt from further environmental review under CEQA Guidelines Section 15061(b)(3) (the “Common Sense Exemption”), as it can be determined with certainty that the action will not result in a significant effect on the environment. The zone change is administrative and policy-implementing in nature, serves to maintain consistency between the Zoning Code and the General Plan pursuant to Government Code Section 65860, and does not, by itself, enable or approve physical development. Any future development would be subject to separate discretionary review and project-level CEQA analysis, as applicable. Therefore, the environmental effects of the proposed action have already been adequately analyzed in the 2022 General Plan EIR, and no further environmental review is required. A Notice of Determination and Notice of Exemption, Environmental Review No. 2026-05, will be filed for the project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance Approving AA No. 2026-02 for Second Reading 2. April 7, 2026 City Council Meeting Link 3.Certified General Plan Update Environmental Impact Report (hyperlink) Submitted By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager Ordinance No. NS-XXXX Page 1 of 6 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2026-02 AMENDING THE ZONING FOR THE PROPERTIES LOCATED AT 2101 AND 2109 EAST SANTA CLARA AVENUE (APNS: 396-261-26 AND 396-261-38) FROM GENERAL AGRICULTURAL (A1) TO ARTERIAL COMMERCIAL (C5) 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. The Planning and Building Agency (“PBA”) is requesting approval of Amendment Application (AA) No. 2026-02, to change the zoning district designation of two properties located at 2101 and 2109 East Santa Clara Avenue (APNs 396-261-26 and 396-261-38) from General Agricultural (A1) to Arterial Commercial (C5) (“Project”). B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time. C. On April 19, 2022, the City adopted the General Plan Update , which went into effect on May 26, 2022. As a result of the 2022 General Plan Update, the subject properties were designated General Commercial (GC) under the General Plan. However, the underlying zoning remained A1, creating an inconsistency between the General Plan and the Zoning Code. D. Government Code Section 65860, first enacted in the early 1970s as part of California’s Planning and Zoning Law, requires local zoning ordinances to align with adopted General Plans, establishing the General Plan as the foundational policy document for land use decisions. Cities must amend inconsistent zoning within a reasonable time after General Plan Ordinance No. NS-XXXX Page 2 of 6 amendments. In 2023, AB 821 strengthened these requirements effective January 1, 2024, by imposing firm timelines, such as 180 days to amend zoning for consistent development applications and clarifying that outdated zoning cannot block General Plan-compliant projects. E. The Project is not tied to any development project application and is being initiated by the City to bring the zoning of the subject properties into consistency with the City’s General Plan, in accordance with Government Code Section 65860, which requires that zoning regulations be consistent with the adopted General Plan. The zone change is a corrective, policy- implementing action intended to resolve the existing inconsistency between land use policy and zoning regulations and does not authorize any specific development project. No construction, demolition, or change in use is proposed as part of the Project. F. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the Project aligns with the City’s General Plan long-term land use vision and development policies and reflects community goals related to growth, livability, and economic vitality (Goal LU-1; Policy LU-1.1). The proposed C5 zoning amendment is consistent with the GC land use designation and satisfies Government Code Section 65860, which requires zoning regulations to be compatible with General Plan objectives, policies, and land use designations. The GC designation is intended to accommodate highly visible, arterial-oriented commercial uses that support employment, local-serving retail, and complementary commercial activities near established residential neighborhoods (Goal L U-2; Policies LU-2.1 and LU- 2.2). The proposed zone change resolves the zoning inconsistency created by the 2022 GPU and supports reinvestment and business development consistent with the surrounding commercial corridor (Policies LU-2.6 and LU- 2.7). By aligning zoning with adopted land use policy, the amendment promotes compatibility with adjacent development and preserves neighborhood integrity through the future application of City design and development standards (Goal LU-3; Policies LU-3.4 and LU-3.7). Any future development would be subject to applicable City review processes to ensure compatible scale, massing, and site design, contributing to a safe, attractive, and economically viable commercial environment. The proposed zoning amendment is also consistent with the General Plan’s Economic Prosperity goals related to job creation and retention (Goal EP -1; Policy EP-1.2), economic diversification and support for high -growth and complementary businesses (Goal EP-2; Policies EP-2.1 and EP-2.3), and the promotion of a business-friendly environment that facilitates investment and balanced land use decisions (Goal EP -3; Policies EP-3.7 and EP-3.8). By resolving existing zoning inconsistencies and enabling commercial Ordinance No. NS-XXXX Page 3 of 6 activation of underutilized land along an arterial corridor, the proposed zone change supports long-term economic vitality, employment opportunities, and fiscally productive land uses consistent with the adopted General Plan. G. On February 23, 2026, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2026-02. H. On April 7, 2026, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to AA No. 2026-02, at which time all persons wishing to testify were heard, the Project was fully considered, and all other legal prerequisites to the adoption of this amendment occurred. I. For the reasons contained herein, and each of them, Amendment Application No. 2026-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and is otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines. In accordance with CEQA Section 15162, the Project is not subject to additional environmental review, as it is within the scope of the 2022 Santa Ana General Plan EIR (SCH No. 2020029087), which was certified in conjunction with adoption of the General Plan Update. Section 15162 prohibits preparation of a subsequent or supplemental EIR unless substantial changes are proposed to the project, substantial changes occur in the circumstances under which the project is undertaken, or new information of substantial importance becomes ava ilable that was not known and could not have been known at the time the prior EIR was certified . The proposed zone change is a City-initiated corrective action that aligns zoning with the GC land use designation adopted through the 2022 General Plan Update and does not authorize any new development, construction, or change in intensity beyond what was previously analyzed in the General Plan EIR. The land use designation and development assumptions associated with the proposed zoning were fully evaluated in the certified General Plan EIR. In the 2022 General Plan, the parcels were re-designated General Commercial (GC), which encompasses commercial zoning districts intended for highly visible and accessible shopping opportunities along arterial corridors, such as C -5, supporting a range of retail, service, recreational, cultural, business, and educational uses. No substantial changes to the project, no changes in circumstances, and no new information requiring major revisions to the EIR have been identified. Accordingly, no subsequent or supplemental EIR is required pursuant to CEQA Guidelines Section 15162. Ordinance No. NS-XXXX Page 4 of 6 In addition, the proposed zoning amendment is exempt from further environmental review under CEQA Guidelines Section 15061(b)(3) (the “Common Sense Exemption”), as it can be seen with certainty that the action will not result in a significant effect on the environment. The zone change is administrative and policy-implementing in nature, serves to maintain consistency between the Zoning Code and the General Plan pursuant to Government Code Section 65860, and does not, by itself, enable or approve physica l development. Any future development would be subject to separate discretionary review and project-level CEQA analysis, as applicable. Therefore, the environmental effects of the proposed action have already been adequately analyzed in the 2022 General Pl an EIR, and no further environmental review is required. A Notice of Determination and Notice of Exemption, Environmental Review No. 2026 -05, will be filed for the Project Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Amendment Application No. 202 6-02 to change the zoning designation of the properties located at 2101 and 2109 E ast Santa Clara Avenue (APN: 396-261-26 and 396-261-38) from A1 to C5. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 2 3, 2026, the Request for Council Action dated April 7, 2026, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. This Ordinance shall become effective thirty (30) days after its adoption. Section 8. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2026. Valerie Amezcua Mayor Ordinance No. NS-XXXX Page 5 of 6 APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2026 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX Page 6 of 6 Exhibit A