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City's General Plan,whichever is higher;
<br />and
<br />WHEREAS,exempting the parcels listed
<br />in Attachment 1 and Attachment 2 to this
<br />Ordinance will not result in a net loss of
<br />the total potential residential density in the
<br />jurisdiction permitted by or subject to AB
<br />2011 because there is a surplus of
<br />residential capacity on the alternative
<br />parcels identified in Attachment 3 and
<br />Attachment 4 that are eligible for AB 2011
<br />streamlined review above the baseline
<br />residential density established by
<br />Government Code sections 65912.113(b)
<br />and 65912.123(b)for the eligible parcels
<br />whereby there will not be a net loss in the
<br />potential residential units permitted by or
<br />subject to AB 2011 streamlining;and
<br />WHEREAS,there will be no net loss of
<br />the potential residential density of housing
<br />affordable to lower income households in
<br />the jurisdiction because the parcels
<br />identified and listed in Attachment 3 and
<br />Attachment 4 allow density meeting or
<br />exceeding that required by Government
<br />Code Section 65583.2(c)(3)of 30 dwelling
<br />units per acre,the threshold established
<br />and deemed appropriate to accommodate
<br />housing for lower income households for
<br />jurisdictions in a metropolitan county;and
<br />WHEREAS,the City's local inclusionary
<br />housing ordinance,known as the
<br />Affordable Housing Opportunity and
<br />Creation Ordinance (AHOCO),will require
<br />eligible projects citywide to set aside units
<br />as affordable to lower and moderate-
<br />income households for at least 55 years;
<br />and
<br />WHEREAS,development of the
<br />alternative parcels eligible for AB 2011
<br />streamlined review and listed in
<br />Attachment 3 and Attachment 4 will result
<br />in affirmatively furthering fair housing
<br />because the parcels are within census
<br />tracts that are generally categorized as
<br />High Resource and Moderate Resource
<br />areas by the Fair Housing Task Force
<br />Opportunity Map (2023)that was
<br />convened by the California Tax Credit
<br />Allocation Committee and HCD
<br />(TCAC/HCD)and which have opportunity
<br />area composite scores that have rapidly
<br />improved since first documented in 2021,
<br />are located within specific plan areas and
<br />the five General Plan Focus Areas that
<br />have been the focus of redevelopment
<br />and investment in the City,and provide
<br />increased access to amenities,public
<br />transit,and jobs;and
<br />WHEREAS,exempting the parcels in
<br />Attachment 1 and 2 will prevent housing
<br />from being developed on sites that do not
<br />have the infrastructure needed to
<br />accommodate high-quality housing and
<br />will not comply with the land use plan and
<br />housing program that the HCD certified
<br />Housing Element is based upon;and
<br />WHEREAS,the City of Santa Ana,based
<br />upon the written findings required for
<br />exemption under AB 2011 and set forth
<br />above,exempts the parcels listed in
<br />Attachments 1 and 2 from the streamlined
<br />approval process for eligible projects
<br />provided by Government Code sections
<br />65912.114 and 65912.124;and
<br />WHEREAS,pursuant to California
<br />Government Code Section 65912.114(o)
<br />and 65912.124(o),a local government
<br />may adopt an ordinance to implement the
<br />provisions of AB 2011,and an ordinance
<br />adopted to implement AB 2011 shall not
<br />be considered a “project”under Division
<br />13 (commencing with Section 21000)of
<br />the Public Resources Code;and
<br />WHEREAS,there is a current and
<br />immediate threat to the public health,
<br />safety,or welfare based on the passage
<br />of AB 2011,and an absence of a local
<br />ordinance adopting AB 2011 and the
<br />exemption of parcels as described therein
<br />in California Government Code Sections
<br />65912.114(i)and 65912.124(i),leading to
<br />uncertainty of implementation of the local
<br />land use plan in a consistent and
<br />equitable manner that may also be
<br />otherwise consistent with the General
<br />Plan.These threats to public safety,
<br />health,and welfare justify adoption of this
<br />Ordinance as an urgency ordinance to be
<br />effective immediately upon adoption by a
<br />two-thirds vote of the City Council;and
<br />WHEREAS,pursuant to Santa Ana City
<br />Charter sections 415 and 417,based on
<br />the above findings,this Ordinance is
<br />declared by the City Council to be
<br />necessary as an emergency measure to
<br />protect and preserve the health,safety
<br />and welfare of the citizens of the City of
<br />Santa Ana and will become effective
<br />immediately if passed by the affirmative
<br />votes of at least two-thirds (2/3)of the
<br />members of the City Council.The City
<br />Council hereby finds that there is an
<br />urgent need to adopt these regulations in
<br />order to address the current and
<br />immediate threats set forth above.
<br />NOW,THEREFORE,the City Council of
<br />the City of Santa Ana does ordain as
<br />follows:
<br />Section 1.The recitals above are each
<br />incorporated by reference and adopted as
<br />findings by the City Council.
<br />Section 2.Under California Government
<br />Code sections 65912.114(o)and
<br />65912.124(o),the adoption of an
<br />ordinance by a city implementing the
<br />provisions of AB 2011 is statutorily
<br />exempt from the requirements of the
<br />California Environmental Quality Act
<br />(“CEQA”).Therefore,the proposed
<br />Ordinance is statutorily exempt from
<br />CEQA.
<br />Section 3.The City Council,based upon
<br />the written findings required for exemption
<br />under AB 2011,exempts the parcels
<br />listed in Attachments 1 and 2 from the
<br />streamlined approval process for eligible
<br />projects provided by Government Code
<br />sections 65912.114 and 65912.124.
<br />Section 4.The City Council hereby
<br />declares,based on the findings set forth
<br />above,the urgency exists and that this
<br />Ordinance is necessary and appropriate
<br />to preserve the public health,safety,and
<br />welfare.
<br />Section 5.This Ordinance shall become
<br />effective immediately upon its adoption.
<br />Section 6.If any section,subsection,
<br />sentence,clause,phrase or portion of this
<br />ordinance is for any reason held to be
<br />invalid or unconstitutional by the decision
<br />of any court of competent jurisdiction,
<br />such decision shall not affect the validity
<br />of the remaining portions of this
<br />ordinance.The City Council of the City of
<br />Santa Ana hereby declares that it would
<br />have adopted this ordinance and each
<br />section,subsection,sentence,clause,
<br />phrase or portion thereof irrespective of
<br />the fact that any one or more sections,
<br />subsections,sentences,clauses,phrases,
<br />or portions be declared invalid or
<br />unconstitutional.
<br />Section 7.The Clerk of the Council shall
<br />certify the adoption of this Ordinance and
<br />shall cause the same to be published as
<br />required by law.
<br />ADOPTED this 20th day of June,2023.
<br />/s/Valerie Amezcua
<br />Valerie Amezcua
<br />Mayor
<br />APPROVED AS TO FORM:
<br />Sonia R.Carvalho,City Attorney
<br />By:_/s/John M.Funk
<br />John M.Funk
<br />AYES:Councilmembers Amezcua,
<br />Bacerra,Hernandez,Lopez,Penaloza,
<br />Vazquez (6)
<br />NOES:Councilmembers Phan (1)
<br />ABSTAIN:Councilmembers None (0)
<br />NOT PRESENT:Councilmembers None
<br />(0)
<br />Attachments are available at the Office
<br />of the City Clerk,20 Civic Center Plaza,
<br />Santa Ana,CA 92701,by calling 714-
<br />647-6520,by emailing cityclerk@santa-
<br />ana.org,and online at:www.santa-
<br />ana.org/cc/city-meetings.
<br />6/26/23
<br />OR-3714916#
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