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Home My WebLink AboutPresentation - #30Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 1 Sunshine Ordinance Amendment Ordinance Amendment No. 2023-01 Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 2 Action Application: Ordinance Amendment No. 2023-01. Action: Conduct a first reading and adopt an ordinance amending Section 2-153 in Article II.II (Sunshine Ordinance) of Chapter 2 of the Santa Ana Municipal Code amending standards for: –Compliance with Meeting Requirements –Noticing –Language Interpretation –Meeting format and content –Transparency, Information, and materials Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 3 Background •The Sunshine Ordinance is a set of measures required by the Santa Ana Municipal Code (SAMC) that are aimed at increasing transparency and community involvement in the decision-making and development processes. •The Ordinance was adopted in its initial format on October 15, 2012 (Ordinance No. NS-2838), and was subsequently amended on December 7, 2021 (Ordinance No. NS-3012), to require two community meetings and increase the notification radius for discretionary projects from 500 to 1,000 feet. •Council provided direction in fall 2022 to analyze measures that could further increase transparency during the development review process. •Work Study Session held during the April 18, 2023 City Council meeting. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 4 Ordinance Applicability The Sunshine Ordinance Applies to: •City-sponsored development projects •Residential projects with 25+ units •Non-residential projects with 10,000+ sq. ft. building area and that are not categorically exempt from CEQA •Development projects requiring a zone change, specific plan amendment, or general plan amendment Does Not Apply to: •Smaller discretionary projects, such as conditional use permits for churches, schools, ABC licenses, etc. •Projects requiring minor adjustments, such as minor exceptions or variance applications •Projects that are subject to administrative (staff-level) approval “Sunshine Projects”“Non-Sunshine Projects” Both share the same noticing requirement of 1,000 feet Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 5 Proposed Amendments Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 6 Compliance •Existing: Completion of administrative development project review delayed without making determination on application status. •Proposed: Update to deem the administrative development project review application resubmittal incomplete until the applicant holds all required meetings and complies with the established timelines. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 7 Noticing •Existing: Noticing radius is 1,000 feet, including property owners and tenants. •Proposed: –Expand the community meeting (Sunshine Projects) noticing radius to 2,000 feet from the subject property for those properties located within the City of Santa Ana boundary. –Revise the community meeting (Sunshine Projects) noticing radius to be consistent with State requirements (300 feet) for property owners and tenants outside the City boundary. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 8 Noticing (cont’d) –Update to distinguish noticing radius between community meetings (Sunshine Projects) and Public Hearings (Non- Sunshine Projects). –Public Hearing (Non-Sunshine Projects) notices to remain at 1,000-foot radius from the subject site within the City boundary, and to be consistent with State requirements (300 feet) for property owners and tenants outside City boundary. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 9 Meeting Language Interpretation •Existing: Should the applicant receive a written request for language interpretation services no later than forty-eight (48) hours prior to the meeting, shall be the applicant's responsibility to arrange for such services to be available at the community meeting. •Proposed: –Applicant shall provide language interpretation services for in- person attendees in Spanish during all required meetings. –Applicant shall provide interpretation services for in-person attendees in language requested other than Spanish. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 10 Meeting Format and Content •Existing: Not currently defined. •Proposed: –Require at a minimum one single presentation detailing the components of the proposed development project and a complete project description. –Applicant shall provide contact information so individuals can solicit further information. –Applicant shall allocate sufficient time for attendees to pose questions and provide input. –Applicant shall livestream meeting and provide video and recording of meeting to the City to be posted on the City’s project webpage. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 11 Meeting Format and Content Cont’d –Applicant shall provide the city with a video and audio recording of the presentation and subsequent questions and discussion to post to the City’s project webpage. –Applicant shall provide a summary of the first meeting’s questions and answers during the second meeting presentation. –Applicant shall provide description of all specific community- suggested input and/or proposed changes to the project which were discussed at first meeting and identify which community- suggested items were incorporated into a revised project scope. –Applicant shall detail minutes of the meeting including written record of the comments provided by the community members. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 12 Information and Materials •Existing: Does not provide regulation pertaining to failure to provide the required information. •Proposed: –Applicant shall provide the City a copy of presentation materials and video and audio recording of the meeting. –City to deem the application for administrative development project review incomplete until all required items are provided as part of the project resubmittal. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 13 Analysis •Amendments will continue efforts to increase transparency and community involvement in the decision making and development processes. •Amendments will minimize impacts to smaller development projects that are subject to discretionary action. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 14 CEQA •Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 15 Recommended Action •Conduct a first reading and adopt Ordinance Amendment No. 2023-01 amending Section 2-153 in Article II.II of Chapter 2 of the Santa Ana Municipal Code. Sunshine Ordinance Amendment Item #30 Planning and Building Agency May 16, 2023 Slide 16 Questions?