Item 24 - Public Hearing for Amendments to the Transit Zoning Code

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ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) June 3, 2025 Page 18 financial information is included in Exhibit 7 (March 6, 2025 Special Planning Commission Supplemental Staff Report and Exhibits), which is attached to this staff report. Legal Analysis The Commission requested that the City Attorney provide a briefing related to legal challenges to the proposed TZC amendments, specifically the creation of nonconforming status to business and structures, and the general argument of a "taking," as that term is used legally. The City Attorney's Office provided a confidential memorandum separately to the Planning Commission summarizing these legal questions. Due to the potential for litigation, the information contained in the memorandum is considered client privileged and confidential. Recommended Action Taken by the Plannina Commission — March 6. 2025 At a special meeting on March 6, 2025, the Planning Commission voted 4:2:1, with Commissioners Benninger and Leo dissenting and Vice -Chair Ramos absent (due to advisement of a potential conflict of interest due to her residence being in close proximity to the project area), to recommend that the City Council approve the recommended actions. As part of its recommendation to approve, the Planning Commission included clarifying edits to the draft ZOA proposed by staff, which have been incorporated into the proposed text amendments. General Plan Consistency The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan, including the Land Use, Community, Economic Prosperity, and Conservation elements. Consistency with the General Plan is required by Government Code Section 65860, by timely addressing current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: • Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life;