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This space for filing stamp only
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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
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<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 3714917
<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-3046
<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 />!A000006344964!
<br />Email
<br />ORDINANCE NO.NS-3046
<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 SECTION
<br />65852.24(e)AND EXEMPTING CERTAIN
<br />PARCELS FROM CALIFORNIA
<br />GOVERNMENT CODE SECTION
<br />65852.24 BASED UPON WRITTEN
<br />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 Senate Bill 6,known as the
<br />Middle Class Housing Act of 2022 (“SB
<br />6”),which was approved by the
<br />legislature,signed by the Governor on
<br />September 28,2022,and codified at
<br />Government Code section 65852.24;and
<br />WHEREAS,SB 6 serves to override local
<br />zoning regulation in the above respect
<br />and will take effect on July 1,2023;and
<br />WHEREAS,SB 6 and similar housing bills
<br />passed by the state legislature and signed
<br />by the governor overriding local zoning
<br />regulations are intended to address the
<br />state's housing crisis by circumventing
<br />local land use and zoning regulations that
<br />some agencies have adopted to limit
<br />housing development;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,SB 6 specifically allows
<br />housing development projects located in
<br />commercial zones where office,retail,or
<br />parking are a principally permitted use
<br />and where the developer commits to both
<br />prevailing wage and “skilled and trained
<br />workforce”requirements for all
<br />construction labor,as codified in
<br />Government Code section 65852.24;and
<br />WHEREAS,SB 6 permits a local
<br />government to exempt a parcel from its
<br />application before a developer submits a
<br />development application on the parcel if
<br />the local government makes written
<br />findings of either of the following:(1)the
<br />local agency concurrently reallocated the
<br />lost residential density to other lots so that
<br />there is no net loss in residential density
<br />in the jurisdiction or (2)the lost residential
<br />density from each exempted parcel can
<br />be accommodated on a site or sites
<br />allowing residential densities at or above
<br />those required by SB 6 and in excess of
<br />the acreage required to accommodate the
<br />local agency's share of housing for lower
<br />income households;and
<br />WHEREAS,the City of Santa Ana has
<br />identified the parcels listed in Attachment
<br />1 as meeting the criteria established by
<br />Government Code Section 65852.24 for
<br />streamlined review;and
<br />WHEREAS,the parcels listed in
<br />Attachment 2 to this Ordinance can
<br />accommodate the lost residential density
<br />from the exempted parcels listed in
<br />Attachment 1 on sites allowing residential
<br />densities at or above those required by
<br />SB 6 and in excess of the acreage
<br />required to accommodate the City's share
<br />of housing for lower income households;
<br />and
<br />WHEREAS,the parcels listed in
<br />Attachment 2 are in excess of the acreage
<br />required to accommodate the local
<br />agency's share of housing for lower
<br />income households since the pipeline
<br />projects listed in the certified 6th Cycle
<br />Housing Element satisfy all of Santa
<br />Ana's share of housing for lower income
<br />households on parcels not listed in
<br />Attachment 2;and
<br />WHEREAS,the City of Santa Ana,based
<br />upon the written findings required for
<br />exemption under SB 6 and set forth
<br />above,exempts the parcels listed in
<br />Attachment 1 from the streamlined
<br />approval process for eligible projects
<br />provided by Government Code Section
<br />65852.24;and
<br />WHEREAS,pursuant to California
<br />Government Code Section 65852.24(h),a
<br />local government may adopt an ordinance
<br />to implement the provisions of SB 6 and
<br />an ordinance adopted to implement SB 6
<br />shall not be considered a “project”under
<br />Division 13 (commencing with Section
<br />21000)of the Public Resources Code;
<br />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 SB 6,and an absence of a local
<br />ordinance adopting SB 6 and the
<br />exemption of parcels as described therein
<br />in California Government Code Section
<br />65852.24(e),leading to uncertainty of
<br />implementation of the local land use plan
<br />in a consistent and equitable manner that
<br />may also be otherwise consistent with the
<br />General Plan.These threats to public
<br />safety,health,and welfare justify adoption
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