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Letter to the City Council RE: Opposition — Zoning Ordinance Amendment No. 2020-03. August 18, 2020 previously sent to the City Council and the Planning Commission to this letter as Exhibits 1 to 3, respectively. As a primary concern, the proposed action to amend the HOO is inconsistent with the General Plan Housing Element for the City of Santa Ana because it directly contravenes the Housing Opportunity Ordinance Program (Program 29) identified in Santa Ana's 2014-2021 Housing Element and it results in the constructive elimination of the program. The HOO program specifically states that "[t]he inclusionary requirement is triggered by: a request to increase the permitted density above that permitted in the zone, conversion of commercial or industrial land to residential uses, conversion of rental units to condominiums, and various other conditions." The proposed amendment would only require the inclusion of affordable units where a General Plan amendment is required for the proposed development. This requirement is far more onerous and much less likely to occur than the circumstances triggering the HOO that are identified in the Housing Element, especially in light of the City's proposed General Plan and Land Use Element updates. Additionally, with the current proposed changes to the General Plan and Land Use Element, it is unlikely that residential housing developers will have any need to request an amendment to the General Plan because of the high densities proposed in the updates. Under the proposed updates, hundreds of previously non-residential acres in Santa Ana will now be allowed to have 20, 30 and 40 dwelling units per acre with hundreds more being amended to now allow 90 and even 125 dwelling units per acre. Since most of these new high -density residential opportunities in the General Plan update are not currently zoned for that use, any development wishing to take advantage of these attractive densities would have triggered the HOO because they would have required a zone change or a conversion from commercial or industrial land to residential use. However, with this proposed Amendment to the HOO, none of those potential projects would be required to include affordable units or pay in lieu fees, as they would not require a General Plan amendment after the proposed updates. Further, it is unlikely that any proposed development in the Focus Areas of the proposed General Plan updates would seek an additional increase in density because the densities allowed in the updates are already so high. It is also unlikely that there would be many, if any, high density residential projects outside of the Focus Areas because of the attractiveness of these areas with the extremely high densities offered in the General Plan amendments. By changing the HOO to only apply in the case of projects requesting a General Plan amendment while simultaneously eliminating the likelihood of any future need for General Plan amendments in high -density residential projects, the Amendment will constructively eliminate the HOO, a program required under its Housing Element. Likewise, it concerns us that the Amendment seeks to propose to substantially reduce the in - lieu fee altogether for proposed projects that fall under the HOO from fifteen to five dollars per square foot. Further, the Amendment proposes to reduce the applicability of the HOO to developments with 20 units or more, which was not previously the case 2 To reduce in -lieu fees when we are in the midst of one of the worst affordable housing crisis on record endangers the purpose of the HOO: to ensure that new development includes affordable housing units. Indeed, in prior years, the City of Santa Ana has used the in -lieu fees generated through the HOO to develop affordable housing projects in the City of Santa Ana, such as the First Street z Proposed Zoning Ord. Amend. No. 2020-03, §41-1901(c). 601 Civic Center Drive w.-,t • santa An, C,C7