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ORDINANCE NO. NS-XXX <br />AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA EXERCISING ITS RETENTION <br />OF LOCAL LAND USE CONTROL PURSUANT TO <br />CALIFORNIA GOVERNMENT CODE SECTIONS <br />65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN <br />PARCELS FROM CALIFORNIA GOVERNMENT CODE <br />SECTIONS 65912.114 AND 65912.124 BASED UPON <br />WRITTEN FINDINGS <br />WHEREAS, in 2022, the state legislature approved two bills requiring local <br />governments, including charter cities, to approve residential development "by right" in <br />commercial zones, under certain circumstances, where residential uses would otherwise <br />be prohibited; and <br />WHEREAS, one of these bills was California Assembly Bill 2011, known as the <br />Affordable Housing and High Road Jobs Act of 2022 ("AB 2011 "), which was approved <br />by the legislature, signed by the Governor on September 28, 2022, and codified at <br />Government Code sections 65912.100 through 65912.140; and <br />WHEREAS, AB 2011 serves to override local zoning regulation in the above <br />respect and will take effect on July 1, 2023; and <br />WHEREAS, AB 2011 and similar housing bills passed by the state legislature and <br />signed by the governor overriding local zoning regulations are intended to address the <br />state's housing crisis by circumventing local land use and zoning regulations that some <br />agencies have adopted to limit housing development; and <br />WHEREAS, to the contrary, the City of Santa Ana completed a seven -years long <br />effort to comprehensively update its General Plan in April 2022, with a land use plan <br />encompassing over 1,500 acres of land designated in five Focus Areas throughout the <br />City and including over 770 acres allowing residential development at densities at or <br />exceeding 30 dwelling units per acre, the threshold established and deemed appropriate <br />by Government Code Section 65583.2(c)(3) to accommodate housing for lower income <br />households for jurisdictions in a metropolitan county; and <br />WHEREAS, the City's General Plan Land Use Element allows for residential <br />developments in the areas identified above with the appropriate infrastructure <br />improvements required to sustain high -quality housing and residential communities; and <br />WHEREAS, the City of Santa Ana's 6th Cycle Housing Element for the 2021-2029 <br />planning period was certified by the California Department of Housing and Community <br />Development (HCD) on September 16, 2022; and <br />WHEREAS, the City of Santa Ana has a proven track record of permitting housing <br />units at all affordability categories as demonstrated by exceeding its 5th Cycle (2014-201) <br />Regional Housing Needs Allocation (RHNA) by over 2,400 percent; and <br />Ordinance No. NS-XXX <br />Page 1 of 5 <br />