Item 28 - Resolutions to Exempt Parcels from AB 2011 and SB 6

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Resolutions to Exempt Parcels from AB 2011 and SB 6 May 16, 2023 Page 5 3 4 5 0 at or above the residential density required by Government Code Section 65912.113(b), which is 30 dwelling units per acre for metropolitan counties as prescribed in Government Code Section 65583.2(c)(3), pursuant to Santa Ana’s General Plan Land Use Element. Exhibit 7 also provides the corresponding land use designation for each of those parcels as well as the residential density that is currently permitted at the site. Finally, Exhibit 8 provides a list of parcels in the city that meet all of the criteria listed in Government Code 65912.111 and 65912.113 and are considered eligible for streamline review. In total, these parcels equal to 617.14 acres of land, for a potential of 18,514 units. In addition, a map has been provided to visualize the criteria and highlight eligible parcels, and those that are eligible but have existing General Plan densities permitting residential at or above the density permitted by AB 2011 (Exhibit 9). Staff is recommending exempting the parcels listed on Exhibit 7 and depicted on Exhibit 9 because the City’s existing land use plan permits development on these sites at densities at or above 30 dwelling units per acre, as permitted by Government Code Section 65912.114(i)(2)(B). Staff is also recommending exempting the parcels listed in Exhibit 8 and depicted in Exhibit 9 by making the necessary findings required by Government Code Section 65912.114 and listed above. Exempting the qualifying parcels on Exhibit 8 and mapped on Exhibit 9 will not result in a net loss of the total potential residential density in Santa Ana and is permissible under the Government Code, because there is sufficient capacity above the residential density required by Government Code Section 65912.113(b) on alternative parcels in the city. In total there are 617.14 eligible acres that can yield up to 18,514 units according to the AB 2011 prescribed density. As provided in Exhibit 10, there are a total of 1,228.9 acres of alternative sites in the city that permit 30 dwelling units per acre or more that can accommodate a total of 89,802 units, more than the 18,454 units that would otherwise be permissible on the parcels being exempted pursuant AB 2011. Moreover, there will be no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction because the parcels in Exhibit 10 allow density meeting or exceeding that required by Government Code Section 65912.113(b) of 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. Additionally, the City’s local inclusionary housing ordinance, known as the Affordable Housing Opportunity and Creation Ordinance (AHOCO), will require eligible projects citywide to set aside units as affordable to lower and moderate-income households for at least 55 years, ensuring access and creation of residential units affordable to lower income households. Lastly, exempting the parcels listed in Exhibit 8 and mapped in Exhibit 9 will result in affirmatively furthering fair housing by accommodating the residential densities in census tracts that are generally categorized as High Resource and Moderate Resource areas by the Fair Housing Task Force Opportunity Map (2023) that was convened by