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Orozco, Norma From: Chase, Caroline <cchase@allenmatkins.com> Sent: Tuesday, May 16, 2023 2:32 PM To: Amezcua, Valerie; Vazquez, Benjamin; Bacerra, Phil; Phan, Thai; Hernandez, Johnathan; Penaloza, David; Lopez, Jorge (SAPD) Cc: Thai, Minh; Ridge, Kristine; !City Clerk Subject: Opposition Letter re AB 2011 Resolution /Santa Ana City Council Agenda Item No. 28 Attachments: Letter to City Council Members re Agenda Item No. 28.pdf Dear City Council Members, We write in opposition of the proposed City Council resolution to exempt qualifying parcels from Assembly Bill (AB) 2011. The proposed resolution is contrary to state law,for the reasons set forth in the attached letter. We respectfully urge that the City Council must pull this item off of the consent calendar today. The City Council cannot act under AB 2011 until that law is operative on July 1, 2023 and based on the limited information provided by the City Planning and Building Agency,the City Council cannot make the required findings under AB 2011, including a finding that the proposed resolution would result in the required "affirmative furthering of fair housing." Among other things,the City must calculate the actual number of net new housing units that could be approved by the City on or after July 1, 2023 to replace the market rate and affordable units that would otherwise be provided by qualifying AB 2011 housing development projects based on maximum (versus minimum) development density. We respectfully caution that the California Planning and Zoning Law authorizes HCD to notify the Attorney General if HCD finds that the City has taken an action in violation of AB 2011. Caroline Chase Partner Allen Matkins Leck Gamble Mallory& Natsis LLP Three Embarcadero Center, 12th Floor, San Francisco, CA 941 1 1-4074 (415) 837-1515 (main) (415) 837-1516 (fax) cchase allenmatkins.com Allen Matkins Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error,please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you. 1