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<br />O R A N G E C O U N T Y R E P O R T E R
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<br />~ SINCE 1921 ~
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<br />600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
<br />Telephone (714) 543-2027 / Fax (714) 542-6841
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<br />PROOF OF PUBLICATION
<br />
<br />(2015.5 C.C.P.)
<br />
<br />State of Calif ornia )
<br />County of Orange ) ss
<br />Notice Type:
<br />Ad Description:
<br />I am a citizen of the United States and a resident of the State of California; I am
<br />over the age of eighteen years, and not a party to or interested in the above
<br />entitled matter. I am the principal clerk of the printer and publisher of the
<br />ORANGE COUNTY REPORTER, a newspaper published in the English
<br />language in the City of Santa Ana, and adjudged a newspaper of general
<br />circulation as defined by the laws of the State of California by the Superior
<br />Court of the County of Orange, State of California, under date of June 2, 1922,
<br />Case No. 13,421. That the notice, of which the annexed is a printed copy, has
<br />been published in each regular and entire issue of said newspaper and not in
<br />any supplement thereof on the following dates, to-wit:
<br />
<br />Executed on: 10/10/2004
<br />At Los Angeles, California
<br />I certify (or declare) under penalty of perjury that the foregoing is true and
<br />correct.
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<br />Signature
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<br />O R A N G E C O U N T Y R E P O R T E R
<br />~ SINCE 1921 ~
<br />600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
<br />(714) 543-2027 (714) 542-6841
<br />OR 3714916
<br />NORMA OROZCO
<br />CITY OF SANTA ANA/CITY CLERK
<br />20 CIVIC CENTER PLAZA M-30
<br />SANTA ANA, CA - 92701
<br />ORD - ORDINANCE PUBLICATION
<br />Urgency Ord. NS-3045
<br />I am a citizen of the United States and a resident of the State of California; I am
<br />over the age of eighteen years, and not a party to or interested in the above
<br />entitled matter. I am the principal clerk of the printer and publisher of the
<br />ORANGE COUNTY REPORTER, a newspaper published in the English
<br />language in the city of SANTA ANA, county of ORANGE, and adjudged a
<br />newspaper of general circulation as defined by the laws of the State of
<br />California by the Superior Court of the County of ORANGE, State of California,
<br />under date 06/20/1922, Case No. 13421. That the notice, of which the
<br />annexed is a printed copy, has been published in each regular and entire issue
<br />of said newspaper and not in any supplement thereof on the following dates,
<br />to-wit:
<br />06/26/2023
<br />06/26/2023
<br />ORANGE
<br />!A000006344962!
<br />Email
<br />ORDINANCE NO.NS-3045
<br />AN UNCODIFIED URGENCY
<br />ORDINANCE OF THE CITY COUNCIL
<br />OF THE CITY OF SANTA ANA
<br />EXERCISING ITS RETENTION OF
<br />LOCAL LAND USE CONTROL
<br />PURSUANT TO CALIFORNIA
<br />GOVERNMENT CODE SECTIONS
<br />65912.114(i)AND 65912.124(i)AND
<br />EXEMPTING CERTAIN PARCELS FROM
<br />CALIFORNIA GOVERNMENT CODE
<br />SECTIONS 65912.114 AND 65912.124
<br />BASED UPON W RITTEN FINDINGS
<br />WHEREAS,in 2022,the state legislature
<br />approved two bills requiring local
<br />governments,including charter cities,to
<br />approve residential development “by right”
<br />in commercial zones,under certain
<br />circumstances,where residential uses
<br />would otherwise be prohibited;and
<br />WHEREAS,one of these bills was
<br />California Assembly Bill 2011,known as
<br />the Affordable Housing and High Road
<br />Jobs Act of 2022 (“AB 2011”),which was
<br />approved by the legislature,signed by the
<br />Governor on September 28,2022,and
<br />codified at Government Code sections
<br />65912.100 through 65912.140;and
<br />WHEREAS,AB 2011 serves to override
<br />local zoning regulation in the above
<br />respect and will take effect on July 1,
<br />2023;and
<br />WHEREAS,AB 2011 and similar housing
<br />bills passed by the state legislature and
<br />signed by the governor overriding local
<br />zoning regulations are intended to
<br />address the state's housing crisis by
<br />circumventing local land use and zoning
<br />regulations that some agencies have
<br />adopted to limit housing development;
<br />and
<br />WHEREAS,to the contrary,the City of
<br />Santa Ana completed a seven-years long
<br />effort to comprehensively update its
<br />General Plan in April 2022,with a land
<br />use plan encompassing over 1,500 acres
<br />of land designated in five Focus Areas
<br />throughout the City and including over
<br />770 acres allowing residential
<br />development at densities at or exceeding
<br />30 dwelling units per acre,the threshold
<br />established and deemed appropriate by
<br />Government Code Section 65583.2(c)(3)
<br />to accommodate housing for lower
<br />income households for jurisdictions in a
<br />metropolitan county;and
<br />WHEREAS,the City's General Plan Land
<br />Use Element allows for residential
<br />developments in the areas identified
<br />above with the appropriate infrastructure
<br />improvements required to sustain high-
<br />quality housing and residential
<br />communities;and
<br />WHEREAS,the City of Santa Ana's 6th
<br />Cycle Housing Element for the 2021-2029
<br />planning period was certified by the
<br />California Department of Housing and
<br />Community Development (HCD)on
<br />September 16,2022;and
<br />WHEREAS,the City of Santa Ana has a
<br />proven track record of permitting housing
<br />units at all affordability categories as
<br />demonstrated by exceeding its 5th Cycle
<br />(2014-201)Regional Housing Needs
<br />Allocation (RHNA)by over 2,400 percent;
<br />and
<br />WHEREAS,the City of Santa Ana
<br />continues to meet or well exceed its
<br />affordable housing and other residential
<br />development requirements,far outpacing
<br />any city in Orange County,as evidenced
<br />by issuing 1,635 permits for housing units
<br />across all affordability categories,fulfilling
<br />52 percent of its 6th Cycle (2021-2029)
<br />RHNA less than two years into the eight-
<br />year planning period,as documented in
<br />the 2022 Housing Element Annual
<br />Progress Report submitted to HCD and
<br />the Governor's Office of Planning
<br />Research (OPR)on March 23,2023;and
<br />WHEREAS,AB 2011 specifically provides
<br />streamlined,ministerial,CEQA-exempt
<br />review for 100 percent affordable,
<br />multifamily housing development projects
<br />located in neighborhood plan areas where
<br />multifamily housing is permitted on the
<br />site and commercial zones where office,
<br />retail,or parking are a principally
<br />permitted use,where both satisfy a series
<br />of objective development standards and
<br />other requirements,as codified in
<br />Government Code section 65912.114;
<br />and
<br />WHEREAS,AB 2011 also provides
<br />streamlined,ministerial,CEQA-exempt
<br />review for mixed-income housing
<br />development projects along commercial
<br />corridors in neighborhood plan areas
<br />where multifamily housing development is
<br />permitted on the site and in commercial
<br />zones where office,retail,or parking are a
<br />principally permitted use,where both
<br />satisfy a series of objective development
<br />standards and other requirements,as
<br />codified in Government Code section
<br />65912.124;and
<br />WHEREAS,AB 2011 permits a local
<br />government to exempt a parcel from
<br />these types of streamlined approval
<br />before a developer submits a
<br />development application on the parcel if:
<br />(1)the local government identifies one or
<br />more alternative sites for residential
<br />development;(2)the local government
<br />has permitted the alternative parcels not
<br />otherwise eligible for development
<br />pursuant to AB 2011 to be developed
<br />pursuant to AB 2011 streamlining;(3)the
<br />local government has permitted the
<br />alternative parcels that are subject to AB
<br />2011 streamlining to be developed at
<br />densities above the residential density
<br />required in subdivision (b)of Section
<br />65912.113 (100 percent affordable)or
<br />subdivision (b)of 65912.123 (Mixed-
<br />Income)of the Government Code;(4)the
<br />alternative development would result in no
<br />net loss of the total potential residential
<br />density in the jurisdiction;(5)the
<br />alternative development would result in no
<br />net loss of the potential residential density
<br />of housing affordable to lower income
<br />households in the jurisdiction;and (6)the
<br />alternative development would
<br />affirmatively further fair housing;and
<br />WHEREAS,the City of Santa Ana has
<br />identified the parcels listed in Attachment
<br />1 and Attachment 2 to this Ordinance as
<br />parcels eligible for streamlined review
<br />pursuant to Government Code sections
<br />65912.114 and 65912.124;and
<br />WHEREAS,the parcels identified in
<br />Attachment 3 and Attachment 4 to this
<br />Ordinance have been identified as
<br />alternative parcels for residential
<br />development;and
<br />WHEREAS,the City of Santa Ana has
<br />permitted the parcels listed in Attachment
<br />3 and Attachment 4 to this Ordinance that
<br />are not otherwise eligible for development
<br />pursuant to AB 2011 streamlined review
<br />to be developed pursuant to the
<br />requirements of AB 2011;and
<br />WHEREAS,the parcels listed in
<br />Attachment 3 and Attachment 4 to this
<br />Ordinance may be developed at the
<br />residential density required by AB 2011 or
<br />the residential density set forth in the
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