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Item 28 - Resolutions to Exempt Parcels from AB 2011 and SB 6
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Item 28 - Resolutions to Exempt Parcels from AB 2011 and SB 6
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Clerk of the Council
Item #
28
Date
5/16/2023
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Resolutions to Exempt Parcels from AB 2011 and SB 6 <br />May 16, 2023 <br />Page 6 <br />3 <br />4 <br />5 <br />0 <br />the California Tax Credit Allocation Committee and HCD (TCAC/HCD), and which have <br />opportunity area composite scores that have rapidly improved since last documented in <br />2021. Exempting the parcels in Exhibit 8 and mapped in Exhibit 9 will also prevent <br />housing from being developed on sites that do not have the infrastructure needed to <br />accommodate high-quality housing and will not comply with the land use plan and <br />housing program that the HCD certified Housing Element is based upon. <br />Exemption – AB 2011 (Mixed-Income) <br />AB 2011 permits a local government to exempt a parcel from streamlined approval of <br />mixed-income projects before a developer submits a development application on the <br />parcel if the local government identifies one or more alternative sites for residential <br />development and makes certain written findings, which include that the alternative <br />development would result in (1) no net loss of the total potential residential density in <br />the jurisdiction, (2) no net loss of the potential residential density of housing affordable <br />to lower income households in the jurisdiction, and will (3) affirmatively further fair <br />housing. <br />The City has identified the parcels listed in Exhibit 11 as meeting the general zoning <br />criteria established by Government Code sections 65912.121. However, of those <br />parcels, those listed in Exhibit 12 are dedicated or adjoining to a site dedicated to <br />industrial uses, as defined in Government Code Section 65912.121(f). As such, these <br />parcels do not meet the criteria to qualify for streamlining provided by AB 2011. <br />Moreover, the parcels listed on Exhibit 13 are mobile home parks or entirely within 500 <br />feet of a freeway and do not meet the site criteria or objective development standards <br />established by AB 2011, making them ineligible. Additionally, the parcels listed on <br />Exhibit 14 are otherwise eligible for development at densities at or above the residential <br />density permitted by Government Code Section 65912.123 (b), which is 30 dwelling <br />units per acre on sites less one acre in size, 40 dwelling units per acre on sites located <br />along a commercial corridor of less than 100 feet in width that are one acre in size or <br />greater, 60 dwelling units per acre on sites located along a commercial corridor of 100 <br />feet in width or greater that are one acre in size or greater, and 80 units per acre on <br />sites within one-half mile of a major transit stop, pursuant to Santa Ana’s General Plan <br />Land Use Element. Exhibit 15 provides a list of parcels in the city that meet all of the <br />criteria listed in Government Code 65912.121 and 65912.122, including having at least <br />a 50-foot frontage on a commercial corridor as defined in Government Code Section <br />65912.101(a) and are no larger than 20 acres in size, and considered eligible for <br />streamline review. In total there are 672.56 eligible acres of land that can yield up to <br />45,502 units according to the AB 2011 prescribed density. In addition, a map has been <br />provided to visualize the criteria and highlight eligible parcels, and those that are eligible <br />but have existing General Plan densities permitting residential at or above the density <br />permitted by AB 2011 (Exhibit 16). Staff is recommending exempting the parcels listed <br />on Exhibit 14 and depicted in Exhibit 16 because the City’s existing land use plan <br />permits development on these sites at densities at or above densities permitted <br />pursuant AB 2011. Staff also recommends exempting the parcels listed in Exhibit 15
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