Item 22 - Public Hearing - Amendment Application No. 2026-02 for the Santa Clara Avenue

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AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change April 7, 2026 Page 4 Government Code Section 65860 Government Code Section 65860 was first enacted in the early 1970s as part of California's Planning and Zoning Law to ensure that local zoning ordinances align with adopted General Plans. Under the original law, cities and counties were required to make their zoning consistent with their General Plan by January 1, 1974, and to amend inconsistent zoning within a reasonable time after a General Plan amendment. The statute established the General Plan as the foundational policy document for land use decisions and obligated local agencies to bring zoning into conformity with that plan. In 2023, the Legislature passed Assembly Bill 821 (AB 821), which amended Section 65860 and became effective January 1, 2024. AB 821 strengthened and clarified the consistency requirement by setting firm timelines and procedures for addressing inconsistencies. For example, when a development application is consistent with the General Plan but inconsistent with zoning, a local agency must either amend the zoning ordinance within 180 days or process the application under applicable law and objective General Plan standards without relying on inconsistent zoning. The amendment also expands enforcement provisions, reaffirming that outdated zoning may not be used to delay or block development that is otherwise allowed under the General Plan. The purpose of the proposed zone change is to bring the Site into consistency with the City's General Plan, which was adopted in 2022, in compliance with Government Code Section 65860. Government Code Section 65860 requires that zoning regulations be consistent with the adopted General Plan, including its land use designations, goals, and policies. As a result of the 2022 General Plan Update, the subject properties were designated General Commercial (GC). However, the underlying zoning remained Al, creating an inconsistency between the General Plan and the Zoning Code. Project Analysis In accordance with Section 41-667 of the Santa Ana Municipal Code (SAMC) and Government Code Section 65860, staff recommends that the City Council adopt an ordinance approving AA No. 2026-02 to change the zoning designation of the subject properties from Al to C5. The zone change is a corrective, policy -implementing action intended to resolve the existing inconsistency between land use policy and zoning regulations and does not authorize any specific development project. Moreover, no construction, demolition, or change in use is proposed as part of this action. Lastly, the proposed zone change implements the 2022 General Plan Land Use Element, supports orderly and planned development along a designated commercial corridor, and ensures ongoing compliance with State law governing General Plan and zoning consistency. The C5 zoning designation reflects the established commercial character of the surrounding area, including the adjacent shopping center to the north and east and the broader commercial corridor along Tustin Avenue. The GC land use designation is