HomeMy WebLinkAboutNS-3040 - Amendment of Articles II.II of Chapter 2 of the Municipal CodeORDINANCE NO. NS-3040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, AMENDING ARTICLES 11.11 OF
CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE
WHEREAS, on October 15, 2012, the City Council enacted the Sunshine
Ordinance as found in Chapter 2 of the Santa Ana Municipal Code ("SAMC") to ensure
that the people of Santa Ana remain in control of the government they have created; and
WHEREAS, the City Council desires to maintain and enhance opportunities for
public participation and meaningful engagement in the development review process and
routinely revisits the Sunshine Ordinance to ensure the requirements for public
participation remain updated with shifts in community engagement over time; and
WHEREAS, on December 7, 2021, the City Council adopted amendments to the
Sunshine Ordinance expanding the number of required community meetings and the
notification radius; and
WHEREAS, the City Council now desires to update the Sunshine Ordinance to
increase transparency, awareness, and public engagement opportunities through
establishing meeting format and presentation requirements, increase the noticing area,
and make clarifying edits to application processing timelines; and
WHEREAS, on May 16, 2023, the City Council considered the staff report,
recommendations by staff, and any public comment concerning Ordinance Amendment
No. NS-3040.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 2. The City Council finds and determines that this ordinance is not subject
to the California Environmental Quality Act (CEQA). Pursuant to 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. As a result,
Environmental Review No. 2023-27 will be filed upon adoption of this ordinance.
Section 3. Section 2-153 (Public input through community meetings prior to
discretionary approval) of Chapter 2 of the SAMC is hereby amended to read in its entirety
as follows (new language is underlined and deleted language is stricken):
Sec. 2-153. - Public input through community meetings prior to discretionary approval.
a. A 1,000-foot radius of the subject property within the city
boundary; and
b. A 300-foot radius of the subject property where the notification
radius extends over the city boundary into another jurisdiction.
(3) Said notices shall be mailed no less than ten (10) days prior to the
community meeting or public hearing. The notice shall also be posted
on the city's development project website if the project meets the
criteria listed in subsection 2-153(a), and published in a newspaper of
general circulation no less than ten (10) days prior to the community
meeting or public hearing. The city shall then post the notice on the
city's website. It shall be the sole responsibility of the applicant to
prepare and distribute notices for any required community meeting.
(d) Notice content. The notice shall include the time, place and date of the
community meeting; a map depicting the location of the subject property,
including the properties contained within the notification boundary; a brief
description of the project; and the applicant's contact information. The
notice shall be written in English and Spanish and include instructions as
to how to request language interpretation services for those wishing to
have interpretation during the community meeting in languages other than
English and Spanish.
(e) Community meeting time and place. Community meetings shall be held
either on a weeknight during the early evening hours or on a Saturday. The
meetings shall be held in any facility that is accessible to the public and
that is no more than one (1) mile from the project site. Should there not be
any such facilities available in the required area, the applicant may
arrange, at their own expense and subject to availability, to use the next
closest city facility.
(f) Community meeting language interpretation. The applicant shall provide
language interpretation services for in -person attendees in Spanish during
all required meetings. Should the applicant receive a written request for
language interpretation services for languages other than Spanish no later
than forty-eight (48) hours prior to the meeting, the applicant shall provide
interpretation services for in -person attendees in the language requested.
It shall be the applicant's responsibility to arrange for such services to be
available at the community meeting.
(g) Community meetings format and content.
The applicant shall provide and hold all required community meetings in
accordance with all of the following:
(1) Give a single presentation detailing the components of the proposed
development project and a description of any impacts or benefits to
the community.
(2) Provide contact information whereby individuals can contact the
applicant to solicit further information.
(3) Allocate sufficient time for the attendees to pose questions and provide
input.
(4) Livestream the meeting and subsequent questions and discussion on
a publicly -accessible streaming platform.
(5) 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.
(6) Provide a summary of the presentation and questions and answers
provided during the first meeting as part of the presentation at the
second meeting.
(7) Provide a description of all specific community -suggested input and/or
proposed changes to the project which were discussed at the first
meeting and identify which community -suggested items were
incorporated into a revised project scope. To the extent any
community -suggested input and/or proposed changes were not
incorporated into a revised project scope, the applicant shall describe
in the presentation for the second meeting why those items were not
included within the revised project scope, if applicable.
(8) Detailed minutes of the meetings including a written record of the
comments provided by the community members.
(h) Providing information to city after community meeting. Not more than four
(4) days following the community meeting, the developer shall submit to
the city an affidavit under penalty of perjury that the required community
meetings were held in compliance with this section and will submit copies
of all notices, notification lists, site postings, advertisements, or other
communications used to publicize the meetings. The applicant shall also
provide to the city a copy of the presentation materials, minutes and the
written record of, and response to, the public comments made at each
community meeting, and the video and audio recording of the meeting. The
public input will be made part of the public record and included on the City's
project's website and as attachments to planning commission staff reports.
Should the applicant fail to provide the city all information and materials by
timelines required under this subsection, any development project
application resubmittal will be deemed incomplete and not accepted until
such time as all required information and materials are provided.
(i) [Notice.] Notice of planning commission public hearings shall be in
conformance with the requirements provided in subsection 2-153(c),
except that it shall be the responsibility of the applicant to provide the
director of planning and development services the mailing lists of the
names and addresses of those entitled to receive notice under subsection
2-153(c). The noticing provisions contained subsection 2-153(c) shall
supersede those contained in section 41-672.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 5. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 6. The Clerk of Council shall certify the adoption of this Ordinance and
shall cause the same to be published as required by law.
ADOPTED this 6w day of June, 2023.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: k IN
J64athan T. Martinez
Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez
Penaloza, Phan. Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached
Ordinance No. NS-3040 to be the original ordinance adopted by the City Council of the
City of Santa Ana on June 6, 2023 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: (q-((aj'n4!0'-s
I
i y Clerk
City of Santa Ana
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 3704822
NORMA OROZCO
CITY OF SANTA ANA/CITY CLERK
20 CIVIC CENTER PLAZA M-30
SANTA ANA, CA - 92701
ORD - ORDINANCE PUBLICATION
2nd Read Ord - NS-3040
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the city of SANTA ANA, county of ORANGE, and adjudged a
newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of ORANGE, State of California,
under date 06/20/1922, Case No. 13421. That the notice, of which the
annexed is a printed copy, has been published in each regular and entire issue
of said newspaper and not in any supplement thereof on the following dates,
to-wit:
05/26/2023
05/26/2023
ORANGE
!A000006321207!
Email
NOTICE OF SECOND READING OF
PROPOSED ORDINANCE
BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA,CA.
The City of Santa Ana encourages the
public to participate in the decision-
making process.The following notice
is being provided so that you can ask
questions,make comments,and stay
informed about changes in land use,
fees,or other projects that might be
important to you.We encourage you to
contact us if you have any questions.
NOTICE IS HEREBY GIVEN -The City
Council of the City of Santa Ana will
consider adopting an ordinance.The title
of the ordinance is as follows:
ORDINANCE NO.NS-3040 -AN
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA,
CALIFORNIA,AMENDING ARTICLES
II.II OF CHAPTER 2 OF THE SANTA
ANA MUNICIPAL CODE (Sunshine
Ordinance Related to Noticing,Meeting
Format,and Transparency Measures for
Community Meetings for Certain
Development Projects)
Meeting Time and Date:This matter will
be heard on the Consent Calendar on
Tuesday,June 6,2023 at 5:45 p.m.or
thereafter in the City Council Chamber,22
Civic Center Plaza,Santa Ana,California
92701.All interested persons can refer to
the following link for more information and
instructions for participating in the meeting
www.santa-ana.org/cc/city-meetings.
How To Make Comments:If you are
unable to participate in the meeting,you
may send written comments by email to
eComment@santa-ana.org (reference the
Agenda #in the subject line)or mail to
Jennifer L.Hall,City Clerk,City of Santa
Ana,20 Civic Center Plaza –M30,Santa
Ana,CA 92701.All written
communications received two hours prior
to the scheduled start time on the day of
the meeting will be distributed to the City
Council and imaged into the City's
document archive system which is
available for public review.
Who To Contact For Questions -Should
you have any questions,please contact
the City Clerk's Office at 714-647-6520
during regular business hours.
Where To Get More Information:All
staff reports regarding any item on this
agenda are available for public inspection
in the City Clerk's Office during regular
business hours and posted on the City's
website the Tuesday before a Council
meeting at:www.santa-ana.org/cc/city-
meetings.
Ordinance Second Reading Adoption
Process -Ordinances become effective
30 days after second reading by the City
Council.Most ordinances are codified into
the Santa Ana Municipal Code and
become city laws.
Si tiene preguntas en Español,favor de
llamar al (714)647-6520.
N u c n liên l c b ng ti ng Vi t,xin
i n tho i cho Tony Lai s (714)565-
2627.
Jennifer L.Hall,CMC
City Clerk
Publish Orange County Reporter -Legal
Section;
Date:May 26,2023
5/26/23
OR-3704822#