2023-038 - Retention of Local Land Use Control

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RESOLUTION NO.2023-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS WHEREAS, in 2022, the state legislature approved two bills requiring local governments, including charter cities, to approve residential development "by right" in commercial zones, under certain circumstances, where residential uses would otherwise be prohibited; and WHEREAS, one of these bills was California Senate Bill 6, known as the Middle Class Housing Act of 2022 ("SB 6"), which was approved by the legislature, signed by the Governor on September 28, 2022, and codified at Government Code section 65852.24; and WHEREAS, SB 6 serves to override local zoning regulation in the above respect and will take effect on July 1, 2023; and WHEREAS, SB 6 and similar housing bills passed by the state legislature and signed by the governor overriding local zoning regulations are intended to address the state's housing crisis by circumventing local land use and zoning regulations that some agencies have adopted to limit housing development; and WHEREAS, to the contrary, the City of Santa Ana completed a seven -years long effort to comprehensively update its General Plan in April 2022, with a land use plan encompassing over 1,500 acres of land designated in five Focus Areas throughout the City and including over 770 acres allowing residential development at densities at or exceeding 30 dwelling units per acre, the threshold established and deemed appropriate by Government Code Section 65583.2(c)(3) to accommodate housing for lower income households for jurisdictions in a metropolitan county; and WHEREAS, the City's General Plan Land Use Element allows for residential developments in the areas identified above with the appropriate infrastructure improvements required to sustain high -quality housing and residential communities; and WHEREAS, the City of Santa Ana's 6th Cycle Housing Element for the 2021-2029 planning period was certified by the California Department of Housing and Community Development (HCD) on September 16, 2022; and WHEREAS, the City of Santa Ana has a proven track record of permitting housing units at all affordability categories as demonstrated by exceeding its 5th Cycle (2014-201) Regional Housing Needs Allocation (RHNA) by over 2,400 percent; and Resolution No. 2023-038 Page 1 of 4