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Allen Matkins Leck Gamble Mallory&Natsis LLP <br /> Allen Matkins Attorneys at Law <br /> Three Embarcadero Center,12m Floor I San Francisco,CA 94 1 1 1-4074 <br /> Telephone:415.837.1515 1 Facsimile:415.837.1516 <br /> www.aUmmatkms.com <br /> Caroline Chase <br /> E-mail:cchase@allenmatkins.com <br /> Direct Dial:415.273.7455 File Number:376502.00007/4861-9523-1076.1 <br /> May 16, 2023 <br /> Santa Ana City Council Members <br /> 20 Civic Center Plaza <br /> Santa Ana, CA 92701 <br /> Re: Proposed Resolution to Exempt Qualifying Parcels from AB 2011 <br /> City Council Agenda Item No. 28 <br /> Dear City Council Members, <br /> We write in opposition of the proposed City Council resolution to exempt qualifying parcels from <br /> Assembly Bill (AB) 2011, which is known as the Affordable Housing and High Road Jobs Act of <br /> 2022. The proposed resolution is contrary to state law, for the reasons set forth below, among <br /> others. AB 2011 (Government Code § 65912.124)provides: <br /> (i) A local government may exempt a parcel from this section before a <br /> development proponent submits a development application on a parcel <br /> pursuant to this article if the local government makes written findings <br /> establishing all of the following: <br /> (1) The local government has identified a parcel or parcels that meet the <br /> criteria described in subdivisions (b) and (e) to (h), inclusive, of Section <br /> 65912.121. <br /> (2)(A)If a parcel identified in paragraph(1)would not otherwise be eligible <br /> for development pursuant to this chapter, the local government has <br /> permitted the parcel to be developed pursuant to the requirements of this <br /> chapter. <br /> (B) If a parcel identified in paragraph (1) would otherwise be eligible for <br /> development pursuant to this chapter, the local government has permitted <br /> residential densities above the residential density required in subdivision(b) <br /> of Section 65912.123 and heights required in subdivision (c) of Section <br /> 65912.123. <br /> (3)The development of the parcel or parcels pursuant to paragraph (3) will <br /> result in all of the following: <br /> (A)No net loss of the total potential residential density in the jurisdiction. <br /> Los Angeles I Orange County I San Diego I Century City I San Francisco <br />