HomeMy WebLinkAboutItem 26 - Second Reading - Zoning Ordinance Amendment No. 2026-02 Planning and Building Agency
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www.santa-ana.org/pb
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 5, 2026
TOPIC: Zoning Ordinance Amendment No. 2026-02 — Second Reading
AGENDA TITLE
Second Reading and Adoption of Zoning Ordinance Amendment (ZOA) No. 2026-02 —
Bella Terra Residential Community and Temple Project (4006, 4010, and 4018 West
Hazard Avenue)
First reading April 21, 2026, City Council Meeting and approved by a vote of 7-0.
RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance approving Zoning Ordinance
Amendment No. 2026-02.
ORDINANCE NO. NS-3094 entitled ZONING ORDINANCE AMENDMENT NO. 2026-01
-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
AN AMENDMENT TO SPECIFIC DEVELOPMENT NO. 53 (SD-53) TO UPDATE
RESIDENTIAL DEVELOPMENT STANDARDS AND ALLOW PLACES OF WORSHIP
SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY
LOCATED AT 4006, 4010, AND 4018 WEST HAZARD AVENUE (APNS: 100-261-20,
100-261-19 AND 100-261-18)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 21, 2026, the City Council adopted a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (SCH No. 2026010220) and approved, by
resolution, Conditional Use Permit No. 2026-03 and Tentative Tract Map No. 2026-01
(County Map No. 19332), each subject to conditions. At the same meeting the Council
also conducted a first reading of an ordinance, Zoning Ordinance Amendment No. 2026-
02, to amend Specific Development No. 53 (SD-53) for properties located at 4006, 4010,
and 4018 West Hazard Avenue. The ordinance was approved unanimously and requires
a second reading and adoption to become effective June 4, 2026.
A copy of the ordinance for second reading is attached to this Report as Exhibit 1.
ZOA No. 2026-02 Bella Terra Residential Community and Temple — Second Reading
May 5, 2026
Page 2
ENVIRONMENTAL IMPACT
A Mitigated Negative Declaration (MND) was prepared for the Project. No areas of
significance or unavoidable impacts were determined to occur from the construction or
operation of the proposed Project with the implementation of mitigation measures. The
MND was available for public review and comment for 30 days as required by CEQA
between January 12 and February 13, 2026. One comment was received from the
Department of Toxic Substances Control concerning potential hazardous materials,
building demolition, and imported soil management. A written response to the comment
was prepared and incorporated into the environmental document.
The Project requires adoption of a Mitigation Monitoring and Reporting Program (MMRP),
which will reduce all identified impacts to less than significant with implementation of the
MMRP. Based on the environmental checklist form completed for the proposed project
and supporting environmental analysis, the Project would have no impact or a less than
significant impact on the following environmental issue areas: Aesthetics, Agriculture and
Forestry Resources, Air Quality, Biological Resources, Energy, Greenhouse Gas
Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources,
Hazards and Hazardous Materials, Population and Housing, Public Services, Recreation,
Transportation, Utilities and Service Systems, and Wildfire. The proposed project's
impacts on the following issue areas would be less than significant with the
implementation of mitigation: Cultural Resources, Geology and Soils, Noise, Tribal
Cultural Resources, and Mandatory Findings of Significance. All impacts would be less
than significant after mitigation. The City's final response to comment and MMRP
document is provided in Exhibit 3. As of this printing, no additional comments or
communications from the public have been received on the IS/MND. Based on this
analysis, a Notice of Determination, Environmental Review No. 2023-40 will be filed for
this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBITS
1. Ordinance Approving AA No. 2026-02 for Second Reading
2. April 21, 2026 City Council Meeting Link
3. Final Initial Study and Mitigated Negative Declaration (hyperlink)
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building
Agency
Approved By: Alvaro Nunez, City Manager
ORDINANCE NO. NS-3094
ZONING ORDINANCE AMENDMENT NO. 2026-02 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AN AMENDMENT TO SPECIFIC
DEVELOPMENT NO. 53 (SD-53) TO UPDATE
RESIDENTIAL DEVELOPMENT STANDARDS AND ALLOW
PLACES OF WORSHIP SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT FOR PROPERTY LOCATED
AT 4006, 4010, AND 4018 WEST HAZARD AVENUE (APNS:
100-261-20, 100-261-19 AND 100-261-18)
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 August 7, 1989, the City Council adopted Ordinance No. NS-2019, rezoning
the properties at 4006, 4010, and 4018 West Hazard Avenue ("Project Site") from
the Single-Family Residence (R1) zoning district to Specific Development No. 53
(SD-53). The Specific Development No. 53 (SD-53) zoning became effective on
September 6, 1989.
B. The City Council is considering Zoning Ordinance Amendment ("ZOA") No. 2026-
02 to amend Specific Development No. 53 (SD-53) to update residential
development standards and permit places of worship subject to approval of a
conditional use permit. Related discretionary actions include Conditional Use
Permit ("CUP") No. 2026-03 to establish the place of worship and Tentative Tract
Map ("TTM") No. 2026-01 to subdivide the Project Site into 14 fee simple lots
("Project").
C. The Project Site has a General Plan land use designation of Low-Medium Density
Residential ("LMR-11") and is located within the Specific Development No. 53
("SD-53").
D. The City Council finds that the public outreach requirements pursuant to Santa
Ana Municipal Code (SAMC) Section 2-153 (Sunshine Ordinance), have been
satisfied, including required public notification, community meetings, and posting
of meeting materials on the City's website.
E. An Initial Study and Mitigated Negative Declaration (IS/MND)was prepared for the
Project. The IS/MND's Notice of Intent (NOI) was posted to the County Clerk on
January 12, 2026, for the required 30-day public comment period, between
January 13, 2026, and February 12, 2026. The IS/MND was also made available
for public view at the City Hall Planning counter, Santa Ana Southwest Senior
Center and on the City website.
Ordinance No. NS-3094
Page 1 of 10
F. In January 2023, the City received a proposal to modify the development potential
of property within Specific Development No. 53 (SD-53) by reducing the permitted
residential density and allowing a place of worship, together with the adoption of
updated development standards.
G. The proposed zoning ordinance amendment updates Specific Development No.
53 (SD-53) to reflect current development standards, recognizing that the 1989
conditions no longer fully apply to contemporary housing market demands and
regulatory context, thereby enabling compatible infill development with additional
fee-simple single-family lots on the Project Site.
H. The proposed zoning ordinance amendment updates Specific Development No.
53 (SD-53) to reflect current development standards and regulatory requirements,
thereby providing a clear and consistent framework for future development of the
subject properties.
I. The purpose of the zoning ordinance amendment is to amend SD-53 to establish
updated development standards and permit places of worship subject to a
conditional use permit.
J. The City Council finds that Zoning Ordinance Amendment No. 2026-02 is
consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal
Code and with the General Plan of the City of Santa Ana, and that the amendment
promotes the public health, safety, and general welfare.
The proposed residential and temple components foster compatible uses that
enhance livability and homeownership opportunities while supporting mixed-use
infill near transit along Harbor Boulevard (Goal LU-1; Policies LU-1.1, LU-1.2, LU-
1.6). The integrated design provides supportive spaces for community gatherings
through the temple and common open space (Goal LU-2; Policy LU-2.3),
preserves neighborhood character with compatible and harmonious scale (Goal
LU-3; Policies LU-3.1, LU-3.4), promotes a clean, safe, and creative environment
(Policy LU-3.7), and creates complete neighborhoods with complementary uses
and housing types (Goal LU-4; Policies LU-4.1, LU-4.7).
Located in an area primarily consisting of low-scale single-family and multi-family
residential uses, the Project is designed to be context-sensitive with the immediate
surroundings. This compatibility with surrounding residential scale advances
Housing Element Goal HE-2 (Housing Supply and Diversity) and Policy HE-2.5
(Diverse Housing Types) by facilitating single-family homes alongside community
facilities. This context-sensitive approach further aligns with Urban Design
Element Goal UD-1 (Physical Character)and Policies UD-1.1 (Design Quality) and
UD-2.2 (Compatibility with Setting) through high-quality materials, finishes,
construction, buffers, and landscaping strategies.
K. The City Council finds that Zoning Ordinance Amendment No. 2026-02 is
consistent with the goals, policies, and land use designations of the City of Santa
Ana General Plan.
Ordinance No. NS-3094
Page 2 of 10
L. On March 9, 2026, the Planning Commission conducted a duly noticed public
hearing on Zoning Ordinance Amendment No. 2026-02 and recommended that
the City Council adopt the ordinance.
M. On April 21, 2026, the City Council held a duly-noticed public hearing and
considered the staff report, recommendations by staff, and public testimony
concerning the proposed ordinance.
Section 2. The recital above are each incorporated by reference and adopted
as findings by the City Council.
Section 3. The City Council has reviewed and considered the information
contained in the analysis performed pursuant to the California Environmental Quality Act
(CEQA) (Environmental Review No. 2023-25). Pursuant to the requirements of the
CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in
accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the
California Code of Regulations), an Initial Study and Mitigated Negative Declaration
(IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for
the Project. The purpose of the IS/MND is to describe the proposed project and to provide
an evaluation of potential environmental impacts associated with the Project's
construction and operation. Moreover, the IS/MND evaluates the potential environmental
impacts of project implementation; includes significance determinations from the
environmental analyses; identifies regulatory requirements to be incorporated into the
project; and sets forth mitigation measures that will lessen or avoid potentially significant
project impacts on the environment.
The City of Santa Ana is the Lead Agency for the Project pursuant to CEQA
Guidelines Section 15367. The IS/MND and MMRP were circulated for public review in
accordance with CEQA requirements, and the City Council has independently reviewed
and considered the environmental documentation prior to taking action on this ordinance.
The IS/MND concluded that implementation of the proposed zoning amendment
and related Project approvals could result in potentially significant environmental impacts;
however, with incorporation of the identified mitigation measures and compliance with
applicable conditions of approval, all impacts would be reduced to a less-than-significant
level. Possible impacts identified in the IS/MND include those related to Cultural
Resources, Geology and Soils, Noise, Tribal Cultural Resources, and Mandatory Findings
of Significance. With implementation of mitigation measures (MM) listed below, all
potential impacts would be less than significant.
• MM CUL-1: Prior to the issuance of the grading permit, the Project
Applicant shall provide written evidence to the City that the
Applicant has retained an Orange County-certified archaeologist to
observe grading activities within previously undisturbed soils, and
to salvage and catalogue archaeological resources as necessary.
• MM GEO-1: Prior to commencement of earthmoving activities, the
Project Applicant shall retain a qualified Orange County-certified
Paleontologist for on-call services in the event of a discovery of
Ordinance No. NS-3094
Page 3 of 10
paleontologically sensitive rock formations during ground
disturbance activities.
• MM N0I-1: Prior to commencement of the demolition phase of the
Project construction, the Applicant shall erect a temporary noise
barrier along the west and east Project site boundaries and along
the north side of the residential property located at 14532 Morse
Drive, with a minimum height of 10 feet above grade, continuous
with no gaps, and constructed of materials with sufficient mass to
effectively reduce construction noise levels at adjacent residential
receptors.
• MM N0I-2: The Applicant shall require that all construction
contractors restrict the operation of vibratory rollers and other
vehicles with a weight greater than 24 tons to locations at least 25
feet from off-site buildings; lighter equipment may be used within
this distance.
• MM TCR-1: Prior to the commencement of any ground-disturbing
activity, the Project applicant/lead agency shall retain a Native
American Monitor from or approved by the Gabrieleno Band of
Mission Indians—Kizh Nation to monitor all ground-disturbing
activities at on-site and off-site Project locations, with daily
monitoring logs prepared and monitoring continuing until the Kizh
and City agree it is no longer necessary.
• MM TCR-2: Upon discovery of any Tribal Cultural Resources, all
construction activities in the immediate vicinity (not less than 50
feet) shall cease until the Kizh monitor and/or Kizh archaeologist
has assessed the find; the Tribe shall recover and retain all Tribal
Cultural Resources in a manner it deems appropriate.
• MM TCR-3: Upon discovery of any Native American human
remains and associated funerary or ceremonial objects, all work
shall cease, the County Coroner and Native American Heritage
Commission procedures pursuant to Public Resources Code
Section 5097.98 and Health and Safety Code Section 7050.5 shall
be followed, preservation in place shall be the preferred treatment,
and confidentiality of the discovery shall be maintained.
The IS/MND's analysis determined that the above-mentioned environmental
categories would cause no substantial adverse change to the environment with the
inclusion of the enforceable mitigation measures, that would be adopted by the City.
Based on the whole of the administrative record, including the Initial Study, Mitigated
Negative Declaration, and Mitigation Monitoring and Reporting Program, the City Council
finds that the proposed Project will not have a significant effect on the environment with
implementation of the adopted mitigation measures, and hereby adopts the IS/MND and
MMRP in conjunction with approval of this tract ordinance. Based on this analysis, a
Notice of Determination, Environmental Review No. 2023-25 will be filed for this Project.
Section 4, The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies, authorized
volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
Ordinance No. NS-3094
Page 4 of 10
lawsuits, writs of mandamus, and other proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
procedures (including, but not limited to arbitrations, mediations, and such other
procedures), judgments, orders, and decisions (collectively "Actions"), brought against
the City and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
annul, any action of, or any permit or approval issued by the City and/or any of its officials,
officers, employees, agents, departments, agencies, and instrumentalities thereof
(including actions approved by the voters of the City) for or concerning the Project,
whether such Actions are brought under the Ralph M. Brown Act, California
Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code
of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
jurisdiction. It is expressly agreed that the City shall have the right to approve the legal
counsel providing the City's defense, and that Applicant shall reimburse the City for any
costs and expenses directly and necessarily incurred by the City in the course of the
defense. City shall promptly notify the Applicant of any Action brought and City shall
cooperate with Applicant in the defense of the Action.
Section 5. The Specific Development No. 53 (SD-53) zoning document is
hereby amended to read as follows:
Specific Development Plan No. 53
Section 1. Applicability of Ordinance
The specific development zoning district for the subject property, as authorized by
Chapter 41, Division 26, Section 41-593 et seq. of the Santa Ana Municipal Code
(SAMC), is specifically subject to the standards and regulations contained in this
plan for the express purpose of establishing land use regulations and standards.
All other applicable chapters, articles and sections of the SAMC shall apply unless
expressly stated or superseded by this ordinance. This ordinance is applicable to
the properties located at 4004 — 4018 W. Hazard Avenue, as shown on Exhibit A.
Section 2. Purpose
The Specific Development No. 53 (SD-53), consisting of standards and
regulations, is hereby established for the express purpose of protecting the health,
safety, and general welfare of the people of the City of Santa Ana by promoting
and enhancing the value of properties and encouraging orderly development of the
property.
Section 3. Uses Permitted
Twelve single-family lots with twelve single-family dwelling units, consisting of
two-story units, each with an attached two-car garage that fronts on a private
street.
Ordinance No. NS-3094
Page 5 of 10
Section 4. Conditionally Permitted Uses
Places of worship not to exceed 3,500 square feet in size
Section 5. Development Standards
A. Bella Terra Residential Development
1. Number of Units: 12
2. Residential Density: 10 DU/Ac max.
3. Parking: Attached 2-car garage with two driveway spaces
4. Unit Breakdown: Model 1: 4-bedrooms, 3.5 baths (2,262 square feet)
Model 2: 3-bedrooms, 3 baths (2,282 square feet)
Model 3: 4-bedrooms, 3.5 baths (2,351 square feet)
Model 4: 2-bedrooms, 2.5 baths (1,576 square feet)
5. Building Setbacks (Minimums):
Front: Lots 2-11 — 20 feet
Lot 1 — 16 feet
Lot 12 — 10 feet
Interior Side: Lots 1-11 —4 feet
Street Side: Lot 1 — 25 feet
Rear: Lots 1-12 — 10 feet
6. Height: The residential units shall not exceed 27 feet in
height.
B. Cao Dai Temple
1. Size: Maximum 3,500 gross square feet
2. Parking: One space per 400 gross square feet of building area
3. Building Setbacks (Minimums):
Front: 24 feet
Side (street): 20 feet
Side (interior): 20 feet
Rear: 10 feet
4. Height: 35 feet
C. Bella Terra Entry Gate
A freestanding decorative entry gate, with a design to match the Temple, shall be
permitted. The gate shall be located within the front yard setback and is subject
to the following standards:
Ordinance No. NS-3094
Page 6 of 10
1. Setbacks (Minimums):
Front: 7 feet
Side (street): 20 feet
Side (interior): 20 feet
2. Height: 18 feet
D. Project Walls/Fences
The project perimeter shall be surrounded by a masonry block wall that is a
minimum six feet in height. Walls and fences between the units shall be six-feet
in height and made of masonry block or vinyl.
E. Landscaping Standards
The project shall comply with the following landscape standards.
a. Temple Site:
i. All setback areas shall be landscaped unless it is part of an approved
hardscape area.
ii. All landscaped areas shall be irrigated using an automatic irrigation
system.
iii. Landscaping shall be provided at a rate of one 24-inch box shade-
producing tree per 35 feet of temple frontage and 5-gallon shrubs spaced
every five feet.
iv. Ground cover/mulch shall be provided for the project.
v. The project shall provide a six-inch raised concrete curb around all
landscape planters unless approved by the Planning Division.
vi. Vine pockets shall be provided along any exposed block wall at a rate of
one vine for every 15 feet.
b. Residential Site: Each residential lot shall meet the following minimum
requirements:
i. Front yard: One double-staked 24-inch box shade-producing canopy tree,
six five-gallon size shrubs, and 10 one-gallon size herbaceous
perennials/shrubs as a foundation planting.
ii. Side yard: Corner lots shall require one fifteen-gallon size shade-
producing tree for every 30 linear feet of property abutting a street, plus
six five-gallon size shrubs as a foundation planting. Root barriers shall be
required on all trees planted along street-oriented yards.
iii. Turf and ground cover: Turf or acceptable dry climate ground cover is
acceptable, provided the Turf is a drought tolerant variety and planted as
sod or hydroseed. Ground cover shall be well-rooted cuttings from flats
and planted at appropriate spacing for that particular plant material.
Ordinance No. NS-3094
Page 7 of 10
iv. Irrigation system: A pop-up sprinkler type irrigation system shall be
provided for all yards for each residential unit. The use of "xeriphytic" or
dry climate type plant materials is encouraged. Irrigation systems may
require special fittings to properly water dry climate plantings.
v. Maintenance: All plant material shall be maintained per section 41-609 of
the Santa Ana Municipal Code.
vi. Upon the release of utilities for each unit, the owners shall be allowed 4
months to submit a landscape plan to the Planning Division for review and
approval.
vii. All landscaping shall be installed no more than 3 months from the date of
landscape plan approval.
c. Common Open Space:
i. Prior to the release of the utilities for the first unit, construction of the
common open space area shall be completed.
H. All landscaping and associated amenities shall be installed per the
approved final landscape plan.
Compliance Table
Residential Parcels
Lot No. Parking Front Side Setback Rear Height
Setback Setback
Lot 1 Four - two in garage 16 feet 24 feet (street) 10 feet 23'-7"
Plan 3 and two in driveway 4 feet (interior)
Lot 2 Four - two in garage 20 feet 4 feet 10 feet 23'-11"
Plan 2 and two in driveway
Lot 3 Four - two in garage 20 feet 4 feet 10 feet 24 feet
Plan 1 and two in driveway
Lot 4 Four - two in garage 20 feet 4 feet 10 feet 23'-11"
Plan 2 and two in driveway
Lot 5 Four - two in garage 20 feet 4 feet 10 feet 24 feet
Plan 1 and two in driveway
Lot 6 Four - two in garage 20 feet 4 feet 10 feet 23'-11"
Plan 2 and two in driveway
Lot 7 Four - two in garage 20 feet 4 feet 10 feet 24 feet
Plan 1 and two in driveway
Lot 8 Four - two in garage 20 feet 4 feet 10 feet 23'-11"
Plan 2 and two in driveway
Lot 9 Four - two in garage 20 feet 4 feet 10 feet 24 feet
Plan 1 and two in driveway
Lot 10 Four - two in garage 20 feet 4 feet 10 feet 23'-11"
Plan 2 and two in driveway
Lot 11 Four - two in garage 20 feet 4 feet 10 feet 23'-7"
Plan 3 and two in driveway
Lot 12 Four - two in garage 10 feet 6 feet 10 feet 22'-6"
Plan 4 and two in driveway
Ordinance No. NS-3094
Page 8 of 10
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 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 12026.
Valerie Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:
I
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Ordinance No. NS-3094
Page 9 of 10
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , City Clerk, do hereby attest to and certify that the
attached Ordinance No. NS-3094 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:
Jennifer L. Hall
City Clerk
City of Santa Ana
Ordinance No. NS-3094
Page 10 of 10