HomeMy WebLinkAboutItem 28 - Extension of Moratorium on the Approv., Commenc., Establish., Reloc., or Expans. of Indus. Uses Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Extension of Moratorium on the Approval, Commencement, Establishment,
Relocation, or Expansion of Industrial Uses in Specific Development No. 84
AGENDA TITLE
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation,
or Expansion of Industrial Uses within Specific Development No. 84 (“SD-84”), Also
Known as the Transit Zoning Code (“TZC”) for Ten (10) Months and Fifteen (15) Days
Pursuant to Government Code Section 65858(a)
Legal notice published in the Orange County Reporter on May 6, 2024.
RECOMMENDED ACTIONS
1. Adopt an urgency ordinance extending a moratorium on the approval,
commencement, establishment, relocation, or expansion of industrial uses within
SD-84, by four-fifths (4/5) vote, pursuant to California Government Code Section
65858(a), for an additional 10 months and 15 days.
UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX entitled AN UNCODIFIED
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
EXTENDING A MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN
SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN
(10) MONTHS AND FIFTEEN (15) DAYS PURSUANT TO GOVERNMENT CODE
SECTION 65858
2. Find that, in accordance with the California Environmental Quality Act (CEQA),
the proposed action is not subject to the requirements of the California
Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because
the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment and 15060(c)(3) because the activity is not a project
as defined in Section 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly and so is not a project.
GOVERNMENT CODE §84308 APPLIES: No
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation,
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Extension of Moratorium on the Approval, Commencement, Establishment, Relocation,
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EXECUTIVE SUMMARY
On April 16, 2024, the City Council adopted a Moratorium on the Approval,
Commencement, Establishment, Relocation, or Expansion of Industrial Uses within
Specific Development No. 84 Zoning District through adoption of Urgency Interim
Ordinance No. NS-3063. The purpose of this Moratorium was to immediately offer
protection of public health, safety, and welfare from industrial uses significantly causing
pollution burden to adjacent residential neighborhoods in the Transit Zoning Code
(Specific Development No. 84) through the following conditions, including: code
enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air
quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and
external regulatory agency responsiveness. During the moratorium, the City is not
issuing permits that result in the approval, commencement, establishment, modification,
relocation, or expansion of industrial uses in the Transit Zoning Code (TZC).
Pursuant to Government Code Section 65858, the Moratorium shall have no further
force and effect 45-days from the date of its adoption, which was April 16, 2024, unless
extended. An extension requires the City Council issue a written report ten days prior to
the expiration of the Moratorium, or extension thereof, describing the measures taken to
alleviate the condition which led to the adoption of the Moratorium, provide notice
pursuant to Government Code Section 65090, and hold a public hearing. Government
Code Section 65858(a) allows an extension for 10 months and 15 days and a
subsequent extension for one year. An extension also requires a four-fifths (4/5) vote of
the City Council.
On May 7, 2024, the City Council issued a report to the public, pursuant to Section
65858(d) of the California Government Code, describing the City’s measures to alleviate
conditions that led to the adoption of the Moratorium.
City staff has determined that an extension of the Moratorium for an additional ten (10)
months and fifteen (15) days pursuant to the Government Code is necessary to
continue with data tracking and reporting, research appropriate regulations, and
coordinate with outside regulatory agencies and City departments to provide a complete
analysis and thorough evaluation of the more than 130 industrial businesses within the
TZC.
An extension of the Moratorium would provide sufficient time to enable staff to
determine whether further, permanent action is necessary and to generate
recommendations to the Planning Commission and City Council. Such action may entail
a zoning map amendment, zoning text amendment, or both, which would address
industrial land uses in the TZC.
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation,
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DISCUSSION
Background
Review of City Department Activities
Immediately following the adoption of the Moratorium, staff conducted an interagency
meeting, which included representatives from multiple City departments. These
departments include the Planning Division, Building Safety Division, Code Enforcement
Division, Business License, and Information Technology. Moreover, engagement with
additional agencies such as the Police Department, Public Works Agency, and the
Community Development Agency’s Economic Development Division has produced
critical information illustrating the extent to which industrial activities are intertwined with
residential land uses in the TZC area, specifically and most concentrated in the Logan
and Lacy neighborhoods.
Data based on Business License and Economic Development records indicate that the
application of the Moratorium affects more than 130 industrial businesses in the TZC. Of
these, over one-dozen have active applications for permits, the majority of which are to
legalize unpermitted work on industrial properties and address ongoing Code
Enforcement Division notices of violation.
City staff continue to gather, review, and analyze information regarding affected
industrial businesses within the TZC. Specific data and reporting pertains to applications
submitted by industrial businesses for permits, entitlements, certificates of occupancy,
business licenses, and other relevant records immediately prior to and following the
adoption of the Urgency Interim Ordinance and currently under review by City staff.
Requests for information on calls for service and incident activities responded to by
public safety departments of the Santa Ana Police Department (SAPD) and the Orange
County Fire Authority (OCFA) are being reviewed by City staff to understand and
validate public safety concerns or impacts shared by neighbors in disadvantaged
communities with actual calls and emergencies reported.
Initial reports from the SAPD show calls for service in the TZC totaling 18,510 calls
between March 2023 and April 2024. These calls for service included patrol checks, car
stops, disturbances, alarm activation, trespassing, and many more types of calls for
service. Of the 18,510 calls for service, 1,909 incidents reported were related to
collisions, impounded vehicles, hit and run collisions, domestic violence, and Santa Ana
municipal code violations. Similarly, data from OCFA shows 62 calls for service in 2022
and 66 calls for service for 2023 for a combined 128 calls for service for both 2022 and
2023 for advanced life support-related emergencies. Specifically, 29 of the service calls
responded to by OCFA in 2022 were related to health stemming from respiratory
concerns to chest pain and cardiac arrest, along with long-term diabetic issues and
chest pains. In 2023, there was nearly a seven percent (7%) increase in the number of
health-related calls OCFA responded to related to health issues.
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In addition, City staff continue to monitor Code Enforcement Division activities and
implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code
Enforcement staff will broaden data reports that show enforcement activity beyond the
Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the
Moratorium, 17 active open cases were issued Notice of Violations and administrative
citations for the following types of violations: illegal storage, land use, zoning, property
and landscape maintenance, unpermitted work, business license, and certificate of
occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and
other documented impacts. The amount of active open industrial cases, in close
proximity to one another, during a short period of time is creating a public nuisance and
harming the public health, safety, and general welfare of the two residential
neighborhoods.
Since the adoption of the Moratorium, City staff have received multiple code
enforcement complaints from community members about industrial businesses in the
TZC area that were also reported previously before the adoption of the Moratorium. City
staff have received repeated code enforcement and air emission complaints about
facilities in the Logan neighborhood and are working with Code Enforcement Division
and SCAQMD staff to obtain responses, investigations, or reports provided by the Code
Enforcement Division and SCAQMD to the complaints reported. Recent code
enforcement complaints on properties in the Logan neighborhood involve complaints for
recurring unpermitted work and land use violations that involve large commercial
vehicles blocking street access and impacting nearby residents.
Code Enforcement Division follow-up has resulted in larger administrative citations,
continued enforcement, and onsite meetings with business owners. Moreover, air
emission complaints have been reported to SCAQMD. These complaints include one
involving black smoke and another regarding unpermitted soil vapor extraction
equipment onsite. Part of the jurisdictions that City staff are working with include
SCAQMD staff to obtain updates regarding the status of these complaints. SCAQMD
staff investigated one complaint that did not result in an enforcement action and is
investigating the other complaint. SCAQMD staff has clarified that for air quality
complaints they receive, their inspector is required to be physically present to observe
the activity from the facility described in the complaint to determine if the complaint
warrants further investigation or enforcement action in accordance with South Coast
AQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust).
Community members continue to share concerns with City and SCAQMD staff
regarding the turnaround time for an SCAQMD inspector to be physically present at an
SCAQMD-permitted facility to investigate an air quality complaint, especially if a
complaint is reported after working hours or on weekends.
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Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have
initiated public records requests from outside regulatory agencies, such as the South
Coast Air Quality Monitoring District, Santa Ana Regional Water Quality Control Board,
the Department of Toxic Substances Control, and others responsible for issuing
supportive permits for industrial uses in the TZC. Such agencies are responsible for
permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or
other industrial facility-related activities and received current data requests for sites
located within SD No. 84 that were initiated by City staff on April 25, 2024.
Data from outside regulatory agencies will assist City staff in further understanding
activities between external regulatory agencies and industrial businesses that may
place additional impacts on public health, safety, and welfare in affected neighborhoods
adjacent to industrial businesses in the TZC. This information would enable City staff to
understand the correlation and environmental burdens that may be attributed to
permitted activities for industrial businesses in historically environmentally
disadvantaged communities, specifically the Logan and Lacy neighborhoods. In
response to the City’s request, SCAQMD clarified the need to process the records
request by larger geographic areas, such as zip code area as an example, not
specifically matching the boundaries of the TZC. The City has not received responses to
its Public Records Act requests and once it does, additional time will be needed for City
staff to carefully review and analyze the data in order to understand all activities
(internal and external) and affected industrial businesses.
Comprehensive Zoning Code Update and Neighborhood Engagement
City staff continue to work with Project Consultant MIG to ensure the City’s Zoning Code
and General Plan are consistent. In order to maintain compliance with state law,
comprehensive amendments to the Zoning Code will likely be required. MIG and City staff
have already conducted extensive community outreach, stakeholder interviews, and
reviews of existing zoning-related codes and policies in Santa Ana. These early efforts
continue to indicate that there are irreconcilable land use conflicts and land use
inconsistencies in the TZC area which are among the most pressing topics to be
addressed as part of the comprehensive Zoning Code Update process in order to protect
the health, safety, and welfare of the most vulnerable communities that face the impacts
of the land use conflicts within the TZC area.
The Neighborhood Initiatives and Environmental Services (NIES) section of the
Planning Division continue to coordinate with City departments, outside regulatory
agencies, and staff from other federal and state agencies to identify additional
resources available to enhance deeper awareness of pollution exposure in
disadvantaged communities, long-term health effects, and options for immediate
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation,
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solutions. The NIES team has held meetings and discussions with staff from the
Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease
Registry and CalEPA Environmental Justice Team to identify opportunities for linking
environmental justice (EJ) resources and support to the Logan and Lacy
neighborhoods. NIES staff also continue to coordinate with residents selected to
represent the City’s EJ Clusters to complete the formation of the EJ Action Committee,
the community-led EJ advocacy group. This group will help guide the prioritization and
resource investments to implement the City’s General Plan EJ Policies and
Implementation Actions.
Next Steps
During the Moratorium, staff will evaluate if further, permanent action to address the
land use conflicts in the TZC is necessary. Such action may entail a zoning map
amendment, zoning text amendment, or both, which would permanently address
industrial land uses in the TZC.
Staff continues to receive, analyze, and prepare a thorough evaluation of industrial
business uses within the TZC. Staff has determined that an extension of the Moratorium
for an additional ten (10) months and fifteen (15) days, pursuant to Government Code
Section 65858(a), is recommended to provide the additional staff time and resources
needed to implement a comprehensive evaluation of the industrial uses in the TZC
utilizing the data reporting and tracking, regulatory research, enforcement reports, and
department discussions to fully understand the effects of industrial uses in the TZC and
to continue to address current and immediate threats to public health, safety, and
welfare, due to growing code enforcement complaints stemming from the irreconcilable
land use conflicts within the TZC.
On May 7, 2024, a ten-day report was issued by the City Council pursuant to California
Government Code Section 65858(d) and is attached and referenced as Exhibit A to the
Ordinance attached to this staff report. The April 16, 2024 City Council Meeting staff
report is included in this report as Exhibit 3, providing background on the issues and
analysis on the original need for the Moratorium.
ENVIRONMENTAL IMPACT
The extension of the Moratorium is not subject to the California Environmental Quality
Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA,
pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment and 15060(c)(3)
because the activity is not a project as defined in Section 15378 of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly and so
is not a project, as the ordinance will temporarily preclude the approval,
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation,
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commencement, establishment, relocation, or expansion of uses in Specific
Development No. 84 (the Transit Zoning Code).
FISCAL IMPACTS
There is no fiscal impact associated with this action.
EXHIBITS
1. Uncodified Urgency Ordinance Extending Moratorium for Ten (10) Months and
Fifteen (15) Days
2. Urgency Interim Ordinance No. NS-3036 adopted on April 16, 2024
3. April 16, 2024 City Council Staff Report and Exhibits
4. Public Notice
Submitted By: Minh Thai, Planning and Building Agency Executive Director
Approved By: Alvaro Nuñez, Acting City Manager
Ordinance No. NS - ____
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UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA, EXTENDING A
MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, RELOCATION OR EXPANSION OF
INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT
NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10)
MONTHS AND FIFTEEN (15) DAYS PURSUANT TO
GOVERNMENT CODE SECTION 65858
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI,
section 7 of the California Constitution, to make and enforce ordinances to regulate the
use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City
Council, in order to protect the public health, safety and welfare, to adopt an interim
urgency ordinance prohibiting a use that is in conflict with a contemplated general plan,
specific plan, or zoning proposal that the legislative body, planning commission, or the
planning department is considering or studying or intends to study within a reasonable
time, provided that the urgency measure shall require a four-fifths vote of the legislative
body for adoption, and shall be of no further force and effect forty-five (45) days from its
date of adoption, unless duly extended; and
WHEREAS, on April 16, 2024, the City Council adopted a Moratorium on the
approval, commencement, establishment, relocation or expansion of industrial uses
within Specific Development No. 84 (“SD-84”) also known as the Transit Zoning Code
(“TZC”) by adoption of Urgency Ordinance No. NS-3063 to immediately offer protection
of public health, safety, and welfare from industrial uses significantly causing pollution
burden to adjacent residential neighborhoods in the TZC (SD-84) through the following
conditions, including: code enforcement active cases; irreconcilable land use conflicts in
the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public
health concerns; and external regulatory agency responsiveness; and
WHEREAS, the Moratorium will expire on June 1, 2024 unless extended; and
WHEREAS, Government Code Section 65858 authorizes the City Council, after
notice pursuant to Government Code Section 65090 and a public hearing, to adopt an
ordinance extending the Moratorium for 10 months and 15 days, upon approval by a
fourth-fifths vote, and upon making the same findings required for the adoption of the
initial forty-five (45) day Moratorium; and
WHEREAS, Government Code Section 65858(d) requires the City Council, ten
days prior to the expiration of the Moratorium or any extension thereof, to issue a written
report describing the measures taken to alleviate the condition which led to the adoption
of the Moratorium; and
Ordinance No. NS -XXXX
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WHEREAS, on May 7, 2024, City staff prepared, and the City Council issued and
filed a report to the public, pursuant to Section 65858(d) of the California Government
Code, describing the City’s measures to alleviate conditions that led to the adoption of
the Moratorium; and
WHEREAS, Santa Ana Charter Sections 415 and 417 expressly authorize the
City Council to enact urgency ordinances, which take effect immediately upon
introduction, for the immediate preservation of the public peace, health or safety,
containing a declaration of the facts constituting the urgency; and
WHEREAS, Government Code Section 65858, authorizes the City Council to
adopt an interim urgency ordinance with a four-fifths vote, without following the
procedures otherwise required for the adoption of an ordinance, to protect the public
safety, health, and welfare, prohibiting any uses that may be in conflict with a
contemplated general plan, specific plan, or zoning proposal that the City Council,
Planning Commission or the planning department is considering or studying or intends
to study within a reasonable time; and
WHEREAS, in unanimously adopting the Moratorium on April 16, 2024, the City
Council of the City of Santa Ana established the following findings, all of which below
remain true and applicable and necessary to support extending the Moratorium:
•The TZC, located in the central core of Santa Ana, comprises
approximately 450 acres, encompasses the Logan, Lacy, and
Downtown neighborhoods, and was adopted by the City Council
on June 7, 2010; and
•Upon the initial adoption of the TZC in 2010, the General Plan of
the City of Santa Ana was updated with new land use
designations for the areas covered by the TZC to allow for new,
mixed-use residential and commercial communities; an d
•The goals of the TZC are to provide a transit-supportive,
pedestrian-oriented development framework to support the
addition of new and enhancement of existing communities
through transit infrastructure; to preserve and reinforce the
existing character and pedestrian nature of the City by
strengthening urban form through improved development and
design standards; to encourage alternative modes of
transportation; to provide zoning for the integration of new infill
development into existing neighborhoods; to provide for a range
of housing options; and to allow for the reuse of existing
structures; and
Ordinance No. NS - ____
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•Industrial uses were established within the Logan and Lacy
neighborhoods in close proximity to sensitive land uses such as
residences and schools prior to the adoption of the TZC, as far
back as the late 19th century, predating modern zoning
practices that take into account irreconcilable land use conflicts
among variegated land uses; and
•The TZC provides new mixed-use zoning for properties
contained within its boundary while creating industrial overlay
zones allowing properties being used as industrial uses at the
time of its adoption to continue to be governed by industrial
zoning districts until such time that properties were converted to
the mixed-use zones allowed by the TZC; and
•Senate Bill (SB) 1000 went into effect in 2018, requiring local
governments to identify environmental justice communities,
called “disadvantaged communities”, in their jurisdictions and
address environmental justice in their gene ral plans through
facilitating transparency and public engagement in the planning
and decision-making processes, reducing harmful pollutants
and the associated health risks in disadvantaged communities,
and promoting equitable access to health-inducing benefits such
as healthy housing options; and
•The City of Santa Ana completed a comprehensive update of its
General Plan in April 2022; and
•The Office of the Attorney General of the State of California was
actively involved in ensuring Santa Ana’s General Plan update
complied with all aspects of SB 1000 prior to its adoption; and
•As required by SB 1000, update of the General Plan and its
associated land use plan identified and addressed long standing
environmental justice issues throughout all of its elements,
which include 77 implementation actions aimed at reducing
harmful pollutants and associated health risks in disadvantaged
communities; and
•Numerous policies of the General Plan are inconsistent with the
present, irreconcilable land use pattern of the TZC. Specifically,
these policies include Policy LU-1.1 (Compatible Uses), 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
Ordinance No. NS -XXXX
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of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions),
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; and
•The industrial overlay zones in the TZC perpetuate past
planning practices of locating industrial uses, or other noxious
and unwanted uses, in close proximity to communities of color;
and
•The Logan neighborhood is the oldest Mexican and Mexican -
American neighborhood in Santa Ana and one of the oldest in
Orange County, and one of the few places where Mexicans and
those of Mexican descent were allowed to buy land due to
restrictions and covenants based on race during the first half of
the 20th century; and
•The construction of Santa Ana (I-5) Freeway through Santa Ana
in the 1950s resulted in a number of families being displa ced
through the demolition of single-family homes in the
northeastern portion of the Logan neighborhood; and
•In the 1970s a proposed expansion of an arterial highway along
Civic Center Avenue would have demolished a significant
portion, if not all, of the Logan neighborhood; and
•The Logan and Lacy neighborhoods are within the second and
third highest scored census tracts in Santa Ana, each with a
composite score of 90 percent or greater, ranking in the 90th
percentile or greater of census tracts in the State, and identified
as “disadvantaged communities” by the Office of Environmental
Health Hazard Assessment (OEHHA) in its CalEnviroScreen
model; and
•Assembly Bill (AB) 686 requires local jurisdictions to take
deliberate actions to explicitly address, combat, and relieve
disparities to disadvantaged communities, such as Logan and
Lacy neighborhoods, resulting from past patterns of
segregation, disinvestment, and planning practices; and
•The updated land use plan in the Land Use Element of the
General Plan does not designate any properties within the TZC,
including the Logan or Lacy neighborhoods, as industrial; rather,
are designated as varying intensities of District Center or Urban
Ordinance No. NS - ____
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Neighborhood land use designations—both of which are
inconsistent with industrial uses; and
•There are pressing and growing code enforcement complaints
stemming from the irreconcilable land use conflicts in the TZC.
Specifically, in the Logan and Lacy neighborhoods, the City’s
Code Enforcement Division has investigated over 33
commercial and industrial properties in the past nine months
and currently has 17 active open cases that have been issued
Notice of Violations and administrative citations for the following
types of violations: illegal storage, land use, zoning, property
and landscape maintenance, unpermitted work, business
license, and certificate of occupancy. The close proximity of
active open industrial cases during a short period of time is
creating a public nuisance that is draining City resources and
that is harming public health, safety, and general welfare of the
TZC’s existing and new residential neighborhoods from the
concentration of open code enforcement cases nearby; and
•In the Logan neighborhood, 52 industrial facilities (automotive,
warehouse/storage, crematory, towing yards, construction) are
presently in close proximity to sensitive uses monitored by
external regulatory agencies such as South Coast AQMD,
Orange County Health Care Agency – Certified Unified Program
Agencies (OC CUPA), Santa Ana Regional Water Quality Board
(SARWQB), Orange County Fire Authority. Industrial facilities
have caused significant pollution exposure to disadvantaged
communities, including lead risk in soil and housing, diesel
particulate matter from idling trucks, toxic release from facilities,
traffic impacts, noise pollution, and airborne particulate matter or
fine inhalable particles of 2.5 (PM2.5) microns or less in
diameter. CalEnviroScreen reports higher environmental effects
from active facility cleanup sites, hazardous waste facilities, and
solid waste locations. Cumulative health impacts in the area
include asthma, cardiovascular disease, and low birth weight, in
this overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing
burden, and education; and
•In the Lacy neighborhood, 76 industrial facilities (automotive,
warehouse/storage, towing yards, construction) are presently in
close proximity to sensitive uses monitored by external
regulatory agencies such as South Coast AQMD, Orange
County Health Care Agency – Certified Unified Program
Agencies (OC CUPA), Santa Ana Regional Water Quality Board
(SARWQB), Orange County Fire Authority. Industrial facilities
Ordinance No. NS -XXXX
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have caused significant pollution onto disadvantaged
communities, including lead risk exposure, diesel particulate
matter from idling trucks, toxic release from facilities, traffic
impacts, noise pollution, vibration impacts, and airborne
particulate matter or fine inhalable particles of 2.5 (PM2.5)
microns or less in diameter. CalEnviroScreen reports higher
environmental effects from active facility cleanup sites,
hazardous waste facilities, and solid waste locations.
Cumulative health impacts in the area include asthma,
cardiovascular disease, and low birth weight, in this
overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing
burden, and education; and
•There is a recent surge in residential development activity in the
TZC that is exacerbating the irreconcilable land use conflicts
between residential and industrial land uses. Examples include
the Lacy Crossing residential development with over 100
ownership units directly adjacent to existing industrial land uses,
for which the City receives regular complaints from residential
occupants of disturbances from noise, vibrations, odors, and
truck traffic; and the Rafferty mixed-use development with 218
residential units, including 11 onsite units for very-low income
households, which is located less than one-fifth of a mile from
industrial land uses; and
•There is a marked increase in the pending and active
development applications for industrial land uses in the TZC,
including for contractor’s yards, construction debris storage
yards, manufacturing operations, expansion of existing industrial
businesses, and storage and warehousing operations,
stemming from shifting economic demands for goods and
services emerging from the Covid-19 pandemic; and
•The City Council approved a contract with Moore, Iacofan o,
Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s
Zoning Code and General Plan are consistent, and to maintain
compliance with state law, comprehensive amendments to the
Zoning Code are required; and
•MIG and City staff have conducted extensive community
outreach, stakeholder interviews, and reviews of existing
zoning-related codes and policies in Santa Ana. These early
efforts have indicated that the irreconcilable land use conflicts
and land use inconsistencies in the TZC area are among the
top, most pressing topics that must be addressed as part of the
Ordinance No. NS - ____
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comprehensive Zoning Code Update process in order to protect
the health, safety, and welfare of the most vulnerable
communities that face the impacts of the land use conflicts
within the TZC area; and
•The policies and implementation actions in the General Plan
also require review, study, and possible revision in order to
respond to recent concerns relating to the impacts of these
industrial business uses in the TZC; and
•Given these concerns, the City Council directed that a study be
undertaken of the current provisions of the TZC to address
industrial business uses and determine whether such uses
should be permitted in the zoning district, and if not, proceed
with an ordinance amendment to preclude such uses from the
district; and
•Based on the foregoing, the City Council found that continuing
to issue permits, business licenses, or other applicable
entitlements to individuals wishing to use their property located
in the TZC for the purposes of industrial business use, prior to
the City’s completion of its study of the potential impact of such
uses, would pose a current and immediate threat to the public
health, safety, and welfare, and that a temporary moratorium on
the issuance of such permits, licenses, and entitlements in the
TZC area is thus necessary; and
•The City Council further found that if an industrial business use
is permitted in the TZC without further review and potential
regulation, it will pose a serious threat to the public interest,
health, safety and welfare for the following reasons:
o Adversely impacts surrounding businesses and
neighborhoods;
o Adversely impacts sensitive uses such as residences,
schools, parks, and places where children congregate;
o Conflicts with the goals and policies of the City's General
Plan;
o Long-term incompatibility and inconsistency with
surrounding uses; and
o Risks to the public health, safety and welfare of the City;
and
•The City Council also determined that prevention of detrimental
impacts to residents, the public interest, health, safety and
welfare required the immediate enactment of the urgency
Ordinance No. NS -XXXX
Page 8 of 11
ordinance and that the absence of the urgency ordinance will
create a serious threat to the orderly and effective
implementation of any code amendments, general plan
amendments or specific plan amendments which ma y be
adopted by the City; industrial business uses may be in conflict
with or frustrate the contemplated updates and revisions to the
Code. Moreover, permitting such uses during said studies and
implementation would create impacts on the public health,
safety and welfare that the City Council, in adopting the
ordinance, found to be unacceptable; and
WHEREAS, Since the adoption of the Moratorium, City staff has begun to gather
data and research the impact of these industrial uses in the TZC as set forth in the
report issued by the City Council on May 7, 2204; and
WHEREAS, there is a need to study further the issues associated with industrial
uses in the TZC and the impact that these uses have on the adjacent residential
neighborhoods and their residents; and
WHEREAS, City staff, the Planning Commission, and the City Council each
require a reasonable period of time to study the existing SD-84/TZC and to evaluate if
further, permanent action to address the land use conflicts in the TZC is necessary; and
WHEREAS, the City Council wishes to extend the Moratorium for a period of ten
(10) months and fifteen (15) days, or until the City Council adopts an ordinance
addressing the issues raised, whichever occurs first; and
WHEREAS, at a duly noticed public hearing on May 21, 2024, the City Council
heard testimonial evidence and all other evidence submitted from members of the public
that were present and from City staff. The City Council reviewed, analyzed, considered
and studied all oral and written testimony and evidence presented at the public hearing,
including staff reports and presentations of City staff.
NOW, THEREFORE, the City Council of the City of Santa Ana does 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 that there is a current and immediate threat to
public health, safety and welfare posed by industrial uses in SD-84, also known as, the
TZC. If an industrial business use is permitted in the TZC without further review and
potential regulation, it will pose a serious threat to the public interest, health, safety and
welfare due to adverse impacts on surrounding businesses and neighborhoods;
adverse impacts on sensitive uses such as residences, schools, parks, and places
where children congregate; conflicts with the goals and policies of the City’s General
Ordinance No. NS - ____
Page 9 of 11
Plan; and the effect of long term incompatibility and inconsistency with surrounding
uses.
Section 3. In accordance with Government Code Section 65858 (d), on May 7,
2024, the City Council issued a written report describing the measures being taken to
alleviate the conditions that lead to the adoption of the Moratorium and this extension
thereof, attached hereto as Exhibit A and incorporated herein by reference.
Section 4. Government Code Section 65858 authorizes the City Council to
adopt an interim Urgency Ordinance, without following the procedures otherwise
required for the adoption of an ordinance, to protect the public safety, health and
welfare, prohibiting any uses that m ay be in conflict with a contemplated general plan,
specific plan, or zoning proposal that the City Council, Planning Commission of the
planning department is considering or studying or intends to study within a reasonable
time.
Section 5. Government Code Section 65858(a) provides that the City Council,
after notice and a public hearing, may extend the interim Ordinance for 10 months and
15 days and subsequently extend the interim ordinance for one year. Any extension
requires a four-fifths vote.
Section 6. The City Council, in accordance with Government Code Section
65858 and Santa Ana Charter Sections 415 and 417 hereby adopts this uncodified
Urgency Ordinance extending the Moratorium on the approval, commencement,
establishment, modification, relocation or expansion of industrial uses in the TZC for a
period of ten (10) months and fifteen (15) days, commencing June 1, 2024. The
Moratorium will now expire on April 15, 2025, or until the City Council adopts an
Ordinance addressing the issues related to the approval, commencement,
establishment, relocation or expansion of industrial uses within SD-84, also known as
the TZC. For the purposes of this Urgency Ordinance, “industrial uses” includes those
specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal
Code, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the
Transit Zoning Code (Specific Development No. 84).
Section 7. This Ordinance shall have no further force and effect after a period of
ten (10) months and fifteen (15) days, commencing June 1, 2024; unless, however,
after public hearing the City Council, by four/fifths (4/5) vote, extend this Ordinance for a
period of one more year.
Section 8. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of the ordinance. The violation of any provision of this
Ordinance shall be punished as provided in Section 1 -8 of Chapter 1 of the Code.
Section 9. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to sections
15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a
Ordinance No. NS -XXXX
Page 10 of 11
direct or reasonably foreseeable indirect physical change in the environment, as the
ordinance will temporarily preclude the approval, commencement, establishment,
relocation or expansion of uses in the zoning district.
Section 10. If any section, subsection, phrase, or clause of this Ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 11. This Ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The C ity Council finds that this
ordinance is necessary to protect the public safety, health and welfare. The reasons for
the emergency are set forth in Section 1 of this Ordinance.
Section 12. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published in the manner prescribed by law.
ADOPTED this ___ day of ___________________, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
Ordinance No. NS - ____
Page 11 of 11
AYES: Councilmembers: ________________________________________
NOES: Councilmembers: ________________________________________
ABSTAIN: Councilmembers: ________________________________________
NOT PRESENT: Councilmembers: ________________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa
Ana on _______________________, 2024.
Date: ________________ ____________________________________
City Clerk
City of Santa Ana
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 7, 2024
TOPIC: Ten-Day Written Report Pursuant to California Government Code Section
65858(d) Following the Adoption of Urgency Interim Ordinance No. NS-3063
AGENDA TITLE
Ten-Day Written Report Pursuant to California Government Code Section 65858(d)
Following Adoption of Urgency Interim Ordinance No. NS-3063, a 45-day Moratorium
on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial
Uses within Specific Development No. 84
RECOMMENDED ACTION
Issue and file a Council report to the public, pursuant to Section 65858(d) of the
California Government Code, describing the City’s measures to alleviate conditions that
led to the adoption of Urgency Interim Ordinance No. NS-3063, on April 16, 2024,
regarding a 45-day moratorium on the approval, commencement, establishment,
relocation, or expansion of industrial uses within Specific Development No. 84 (the
Transit Zoning Code).
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
Pursuant to Section 65858(d) of the California Government Code, the purpose of this
staff report is to provide a written report no less than ten days prior to the expiration of
Urgency Interim Ordinance No. NS-3063 describing the measures City staff has taken
to alleviate the condition which led to the adoption of the Ordinance.
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063,
which establishes a 45-day moratorium on the approval, commencement,
establishment, modification, relocation, or expansion of industrial uses in Specific
Development No. 84, also known as the Transit Zoning Code (commonly referred to as
the “Transit Zoning Code” or “TZC”) while City staff researches appropriate regulations
and determines whether an extension pursuant to the Government Code is necessary.
Urgency Interim Ordinance No. NS-3063 shall have no further force and effect 45 days
from the date of its adoption, unless, after a report on the first 45 days and a public
hearing, the City Council members, again by four/fifths (4/5) vote, extend the Ordinance
Exhibit A
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the
Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium)
May 7, 2024
Page 2
4
2
4
4
for an initial extension period of ten (10) months and fifteen (15) days. Based on the
adoption date of April 16, 2024, the Ordinance is scheduled to expire on June 1, 2024.
As City staff begins to analyze and prepare an evaluation of industrial business uses
within the TZC, the evaluation will enable staff to generate recommendations to the
Planning Commission and City Council to determine whether further, permanent action
is necessary. Such action may entail a zoning map amendment, zoning text
amendment, or both, which would address industrial land uses in the TZC.
DISCUSSION
Background
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063 to
immediately offer protection of public health, safety, and welfare from industrial uses
significantly causing pollution burden to adjacent neighborhoods through the following
conditions, including: code enforcement active cases; irreconcilable land use conflicts in
the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public
health concerns; and external regulatory agency responsiveness. During the urgency
interim moratorium period, the City will not issue permits that result in the approval,
commencement, establishment, modification, relocation, or expansion of industrial uses
in the TZC.
Measures Taken
Review of City Department Activities
Immediately following the adoption of the 45-day moratorium, staff conducted an
interagency meeting, which included representatives from multiple City departments.
These departments include the Planning Division, Building Safety Division, Code
Enforcement Division, Business License, and Information Technology. Moreover,
engagement with additional agencies such as the Police Department, Public Works
Agency, and the Community Development Agency’s Economic Development Division
has produced critical information illustrating the extent to which industrial activities are
intertwined with residential land uses in the TZC area, specifically and most
concentrated in the Logan and Lacy neighborhoods.
Data based on Business License and Economic Development records indicate that the
application of Urgency Interim Ordinance No. NS-3063 affects up to 130 industrial
businesses in the TZC. Of these, over one-dozen have active applications for permits,
the majority of which are to legalize unpermitted work on industrial properties and
address ongoing Code Enforcement Division notices of violation.
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the
Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium)
May 7, 2024
Page 3
4
2
4
4
City staff continues to gather, review, and analyze information regarding affected
industrial businesses within the TZC. Specific data and reporting pertains to applications
submitted by industrial businesses for permits, entitlements, certificates of occupancy,
business licenses, and other relevant records immediately prior to and following the
adoption of the Urgency Interim Ordinance and currently being reviewed by City staff.
Requests for information on calls for service and incident activities responded to by
public safety departments of the Santa Ana Police Department and Orange County Fire
Authority (OCFA) are being reviewed by City staff to understand and validate public
safety concerns or impacts shared by neighbors in disadvantaged communities with
actual calls and emergencies reported.
In addition, City staff continues to monitor Code Enforcement Division activities and
implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code
Enforcement staff will broaden data reports that show enforcement activity beyond the
Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the
Urgency Interim Ordinance on April 16, 2024, 17 active open cases were issued Notice
of Violations and administrative citations for the following types of violations: illegal
storage, land use, zoning, property and landscape maintenance, unpermitted work,
business license, and certificate of occupancy. Such violations include issues of odors,
dust, traffic, noise, vibrations, and other documented impacts. The close proximity of
active open industrial cases during a short period is creating a public nuisance that is
harming public health, safety, and general welfare of the two residential neighborhoods
from the concentration of open code enforcement cases nearby.
Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have
initiated public records requests of violation records and violation status of outside
regulatory agencies, and have contacted staff from external regulatory agencies such
as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional
Quality Water Control Board, the Department of Toxic Substances Control, and others
responsible for issuing supportive permits for industrial uses in the TZC. Specifically,
these agencies are responsible for permit issuance, compliance activities, and/or
monitoring hazardous clean-up sites, or other industrial facility-related activities and
have received current data requests for sites located within SD No. 84.
Data from external regulatory agencies would assist City staff in further understanding
activities between external regulatory agencies and industrial businesses that may
place additional impacts on public health, safety, and welfare in affected neighborhoods
adjacent to industrial businesses in the TZC. This information would enable City staff to
understand the correlation and environmental burdens that may be attributed to
permitted activities for industrial businesses in historically environmentally
disadvantaged communities, specifically the Logan and Lacy neighborhoods. In
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the
Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium)
May 7, 2024
Page 4
4
2
4
4
response to the City’s request, SCAQMD clarified the need to process the records
request by larger geographic areas, not specifically matching the boundaries of the
TZC. When reports become available to the City, additional time will be needed for City
staff to carefully review and analyze other internal data to understand all activities
(internal and external) and affected industrial businesses.
Comprehensive Zoning Code Update and Neighborhood Engagement
City staff continues to work with Project Consultant Moore, Iacofano, Goltsman, Inc. (MIG)
to ensure the City’s Zoning Code and General Plan are consistent and, to maintain
compliance with state law, comprehensive amendments to the Zoning Code are required.
MIG and City staff have already conducted extensive community outreach, stakeholder
interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These
early efforts have indicated that the irreconcilable land use conflicts and land use
inconsistencies in the TZC area are among the top, most pressing topics that must be
addressed as part of the comprehensive Zoning Code Update process in order to protect
the health, safety, and welfare of the most vulnerable communities that face the impacts
of the land use conflicts within the TZC area.
City staff from the Neighborhood Initiatives and Environmental Services (NIES) section
of the Planning Division will continue to coordinate with City departments, external
regulatory agencies, and staff from other federal and state agencies to identify
additional resources available to enhance deeper awareness of pollution exposure in
disadvantaged communities, long-term health effects, and immediate solutions. The
NIES team has held meetings and discussions with staff from the Centers for Disease
Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA
Environmental Justice Team to identify opportunities for linking environmental justice
(EJ) resources and support to the Logan and Lacy neighborhoods. In addition, the NIES
team has been working with the residents selected to represent the City’s EJ Clusters to
complete the formation of the EJ Action Committee, the community-led EJ advocacy
group, to guide the prioritization and resource investments to implement the City’s
General Plan EJ Policies and Implementation Actions.
Next Steps
Staff implements the 45-day moratorium established by Urgency Interim Ordinance No.
NS-3063 through ongoing interagency coordination. Moreover, staff will continue to
analyze and prepare an evaluation of industrial business uses within the TZC, which will
enable staff to generate recommendations to the Planning Commission and City
Council to determine whether an extension of the 45-day moratorium is recommended.
If an extension is recommended, it would be placed on the May 21, 2024 City Council
agenda as a public hearing item, which is prior to the June 1 expiration date.
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the
Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium)
May 7, 2024
Page 5
4
2
4
4
During the 45-day moratorium and any potential extension period, staff will evaluate if
further, permanent action to address the land use conflicts in the TZC is necessary.
Such action may entail a zoning map amendment, zoning text amendment, or both,
which would permanently address industrial land uses in the TZC.
Meeting Date Display
FISCAL IMPACTS
There is no fiscal impact associated with this action.
EXHIBITS
1. Adopted Urgency Interim Ordinance No. NS-3063
2. April 16, 2024 City Council Staff Report
Submitted By: Minh Thai, Planning and Building Agency Executive Director
Approved By: Alvaro Nuñez, Acting City Manager
ORDINANCE NO. NS-3063
AN URGENCY ORDINANCE OF THE CITY OF SANTA
ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45-DAY MORATORIUM ON THE
APPROVAL, COMMENCEMENT, ESTABLISHMENT,
RELOCATION OR EXPANSION OF INDUSTRIAL USES
WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI,
section 7 of the California Constitution, to make and enforce ordinances to regulate the
use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City
Council, in order to protect the public health, safety and welfare, to adopt an interim
urgency ordinance prohibiting a use that is in conflict with a contemplated general plan,
specific plan, or zoning proposal that the legislative body, planning commission, or the
planning department is considering or studying or intends to study within a reasonable
time, provided that the urgency measure shall require a four -fifths vote of the legislative
body for adoption, and shall be of no further force and effect forty-five (45) days from its
date of adoption, unless duly extended; and
WHEREAS, Specific Development No. 84 zoning district, also known as the
Transit Zoning Code (TZC), located in the central core of Santa Ana, comprises
approximately 450 acres, encompasses the Logan, Lacy, and Downtown
neighborhoods, and was adopted by the City Council on June 7, 2010; and
WHEREAS, upon the initial adoption of the TZC in 2010, the General Plan of the
City of Santa Ana was updated with new land use designations for the areas covered by
the TZC to allow for new, mixed -use residential and commercial communities; and
WHEREAS, the goals of the TZC are to provide a transit -supportive, pedestrian -
oriented development framework to support the addition of new and enhancement of
existing communities through transit infrastructure; to preserve and reinforce the
existing character and pedestrian nature of the City by strengthening urban form
through improved development and design standards; to encourage alternative modes
of transportation; to provide zoning for the integration of new infill development into
existing neighborhoods; to provide for a range of housing options; and to allow for the
reuse of existing structures; and
WHEREAS, industrial uses were established within the Logan and Lacy
neighborhoods in close proximity to sensitive land uses such as residences and schools
prior to the adoption of the TZC, as far back as the late 1 gth century, predating modern
Ordinance No. INS - 3063
Page 1 of 8
zoning practices that take into account irreconcilable land use conflicts among
variegated land uses; and
WHEREAS, the TZC provides new mixed -use zoning for properties contained
within its boundary while creating industrial overlay zones allowing properties being
used as industrial uses at the time of its adoption to continue to be governed by
industrial zoning districts until such time that properties were converted to the mixed -
use zones allowed by the TZC; and
WHEREAS, Senate Bill (SB) 1000 went into effect in 2018, requiring local
governments to identify environmental justice communities, called "disadvantaged
communities', in their jurisdictions and address environmental justice in their general
plans through facilitating transparency and public engagement in the planning and
decision -making processes, reducing harmful pollutants and the associated health risks
in disadvantaged communities, and promoting equitable access to health -inducing
benefits such as healthy housing options; and
WHEREAS, the City of Santa Ana completed a comprehensive update of its
General Plan in April 2022; and
WHEREAS, the Office of the Attorney General of the State of California was
actively involved in ensuring Santa Ana's General Plan update complied with all aspects
of SB 1000 prior to its adoption; and
WHEREAS, as required by SB 1000, update of the General Plan and its
associated land use plan identified and addressed long standing environmental justice
issues throughout all of its elements, which include 77 implementation actions aimed at
reducing harmful pollutants and associated health risks in disadvantaged communities;
and
WHEREAS, numerous policies of the General Plan are inconsistent with the
present, irreconcilable land use pattern of the TZC. Specifically, these policies include
Policy LU-1.1 (Compatible Uses), 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), and Policy CN-1.5 (Sensitive Receptor Decisions), 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; and
WHEREAS, the industrial overlay zones in the TZC perpetuate past planning
practices of locating industrial uses, or other noxious and unwanted uses, in close
proximity to communities of color; and
Ordinance No. NS - 3063
Page 2 of 8
WHEREAS, the Logan neighborhood is the oldest Mexican and Mexican -
American neighborhood in Santa Ana and one of the oldest in Orange County, and one
of the few places where Mexicans and those of Mexican descent were allowed to buy
land due to restrictions and covenants based on race during the first half of the 20th
century and
WHEREAS, the construction of Santa Ana (1-5) Freeway through Santa Ana in
the 1950s resulted in a number of families being displaced through the demolition of
single-family homes in the northeastern portion of the Logan neighborhood; and
WHEREAS, in the 1970s a proposed expansion of an arterial highway along
Civic Center Avenue would have demolished a significant portion, if not all, of the Logan
neighborhood; and
WHEREAS, the Logan and Lacy neighborhoods are within the second and third
highest scored census tracts in Santa Ana, each with a composite score of 90 percent
or greater, ranking in the 90th percentile or greater of census tracts in the State, and
identified as "disadvantaged communities" by the Office of Environmental Health
Hazard Assessment (OEHHA) in its CalEnviroScreen model; and
WHEREAS, Assembly Bill (AB) 686 requires local jurisdictions to take deliberate
actions to explicitly address, combat, and relieve disparities to disadvantaged
communities, such as Logan and Lacy neighborhoods, resulting from past patterns of
segregation, disinvestment, and planning practices; and
WHEREAS, the updated land use plan in the Land Use Element of the General
Plan does not designate any properties within the TZC, including the Logan or Lacy
neighborhoods, as industrial; rather, are designated as varying intensities of District
Center or Urban Neighborhood land use designations —both of which are inconsistent
with industrial uses; and
WHEREAS, there are pressing and growing code enforcement complaints
stemming from the irreconcilable land use conflicts in the TZC. Specifically, in the Logan
and Lacy neighborhoods, the City's Code Enforcement Division has investigated over
33 commercial and industrial properties in the past nine months and currently has 17
active open cases that have been issued Notice of Violations and administrative
citations for the following types of violations: illegal storage, land use, zoning, property
and landscape maintenance, unpermitted work, business license, and certificate of
occupancy. The close proximity of active open industrial cases during a short period of
time is creating a public nuisance that is draining City resources and that is harming
public health, safety, and general welfare of the TZC's existing and new residential
neighborhoods from the concentration of open code enforcement cases nearby; and
WHEREAS, in the Logan neighborhood, 52 industrial facilities (automotive,
warehouse/storage, crematory, towing yards, construction) are presently in close
proximity to sensitive uses monitored by external regulatory agencies such as South
Ordinance No. INS - 3063
Page 3 of 8
Coast AQMD, Orange County Health Care Agency — Certified Unified Program
Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange
County Fire Authority. Industrial facilities have caused significant pollution exposure to
disadvantaged communities, including lead risk in soil and housing, diesel particulate
matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and
airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in
diameter. CalEnviroScreen reports higher environmental effects from active facility
cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health
impacts in the area include asthma, cardiovascular disease, and low birth weight, in this
overburdened disadvantaged community factored by socioeconomic indicators of
poverty, linguistic isolation, housing burden, and education; and
WHEREAS, in the Lacy neighborhood, 76 industrial facilities (automotive,
warehouse/storage, towing yards, construction) are presently in close proximity to
sensitive uses monitored by external regulatory agencies such as South Coast AQMD,
Orange County Health Care Agency — Certified Unified Program Agencies (OC CUPA),
Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution onto disadvantaged communities,
including lead risk exposure, diesel particulate matter from idling trucks, toxic release
from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate
matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter.
CalEnviroScreen reports higher environmental effects from active facility cleanup sites,
hazardous waste facilities, and solid waste locations. Cumulative health impacts in the
area include asthma, cardiovascular disease, and low birth weight, in this overburdened
disadvantaged community factored by socioeconomic indicators of poverty, linguistic
isolation, housing burden, and education; and
WHEREAS, there is a recent surge in residential development activity in the TZC
that is exacerbating the irreconcilable land use conflicts between residential and
industrial land uses. Examples include the Lacy Crossing residential development with
over 100 ownership units directly adjacent to existing industrial land uses, for which the
City receives regular complaints from residential occupants of disturbances from noise,
vibrations, odors, and truck traffic; and the Rafferty mixed -use development with 218
residential units, including 11 onsite units for very -low income households, which is
located less than one -fifth of a mile from industrial land uses; and
WHEREAS, there is a marked increase in the pending and active development
applications for industrial land uses in the TZC, including for contractor's yards,
construction debris storage yards, manufacturing operations, expansion of existing
industrial businesses, and storage and warehousing operations, stemming from shifting
economic demands for goods and services emerging from the Covid-19 pandemic; and
WHEREAS, The City Council approved a contract with Moore, lacofano,
Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City's Zoning Code and
General Plan are consistent, and to maintain compliance with state law, comprehensive
amendments to the Zoning Code are required; and
Ordinance No. NS - 3063
Page 4 of 8
WHEREAS, MIG and City staff have conducted extensive community outreach,
stakeholder interviews, and reviews of existing zoning -related codes and policies in
Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts
and land use inconsistencies in the TZC area are among the top, most pressing topics
that must be addressed as part of the comprehensive Zoning Code Update process in
order to protect the health, safety, and welfare of the most vulnerable communities that
face the impacts of the land use conflicts within the TZC area; and
WHEREAS, the policies and implementation actions in the General Plan also
require review, study, and possible revision in order to respond to recent concerns
relating to the impacts of these industrial business uses in the TZC; and
WHEREAS, given these concerns, the City Council hereby directs that a study
be undertaken of the current provisions of the TZC to address industrial business uses
and determine whether such uses should be permitted in the zoning district, and if not,
proceed with an ordinance amendment to preclude such uses from the district; and
WHEREAS, based on the foregoing, the City Council finds that continuing to
issue permits, business licenses, or other applicable entitlements to individuals wishing
to use their property located in the TZC for the purposes of industrial business use, prior
to the City's completion of its study of the potential impact of such uses, would pose a
current and immediate threat to the public health, safety, and welfare, and that a
temporary moratorium on the issuance of such permits, licenses, and entitlements in the
TZC area is thus necessary; and
WHEREAS, if an industrial business use is permitted in the TZC without further
review and potential regulation, it will pose a serious threat to the public interest, health,
safety and welfare for the following reasons:
1) Adversely impacts surrounding businesses and neighborhoods;
2) Adversely impacts sensitive uses such as residences, schools, parks,
and places where children congregate;
3) Conflicts with the goals and policies of the City's General Plan;
4) Long-term incompatibility and inconsistency with surrounding uses; and
5) Risks to the public health, safety and welfare of the City; and
WHEREAS, prevention of detrimental impacts to residents, the public interest,
health, safety and welfare requires the immediate enactment of this urgency ordinance.
The absence of this urgency ordinance will create a serious threat to the orderly and
effective implementation of any code amendments, general plan amendments or
specific plan amendments which may be adopted by the City; industrial business uses
may be in conflict with or frustrate the contemplated updates and revisions to the Code.
Moreover, permitting such uses during said studies and implementation would create
Ordinance No. NS - 3063
Page 5 of 8
impacts on the public health, safety and welfare that the City Council, in adopting this
ordinance, has found to be unacceptable; and
WHEREAS, the City Council finds, determines and declares that the current and
immediate threat to the public health, safety and welfare of the city and its citizens
necessitates the immediate enactment of this urgency ordinance by a four -fifths vote of
the City Council.
NOW, THEREFORE, the City Council of the City of Santa Ana does 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 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 the
ordinance will temporarily preclude the approval, commencement, establishment,
relocation or expansion of uses in the zoning district.
Section 3. California Government Code Section 65858 authorizes the City
Council to adopt an interim urgency ordinance, without following the procedures
otherwise required for the adoption of an ordinance, to protect the public safety, health,
and welfare, prohibiting any uses that may be in conflict with a contemplated general
plan, specific plan, or zoning proposal that the City Council, Planning Commission or
the planning department is considering or studying or intends to study within a
reasonable time.
Section 4. The City Council, in accordance with Government Code Section
65858, hereby adopts this urgency ordinance establishing a 45-day moratorium on the
approval, commencement, establishment, modification, relocation or expansion of
industrial uses in the TZC while City staff researches appropriate regulations and
whether an extension pursuant to the Government Code is necessary. For the purposes
of this Ordinance, "industrial uses" includes those specified by Divisions 18 and 19 of
Article III of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of
the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific
Development No. 84).
Section 5. This ordinance shall have no further force and effect forty-five (45)
days from the date of its adoption; unless, however, after public hearing the City Council
members, by four/fifths (4/5) vote, extend this ordinance for an initial period of ten (10)
months and fifteen (15) days and subsequently, after public hearing, the City Council
members, by four/fifths (4/5) vote, extend this ordinance one more year.
Ordinance No. NS - 3063
Page 6 of 8
Section 6. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of the ordinance. The violation of any provision of this
ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.
Section 7. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 8. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The City Council finds that this
ordinance is necessary to protect the public safety, health and welfare. The reasons for
the emergency are set forth in Section 1 of this ordinance.
Section 9. The City Clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
ADOPTED this 16t' day of April, 2024,
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: CJ WAQ-y N -
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernande Lopez
Penaloza Phan. Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
Ordinance No. NS - 3063
Page 7 of 8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance
No. NS-3063 to be the original ordinance adopted by the City Council of the City of
Santa Ana on April 16, 2024.
Date: 4 k acat-\- akCity
Ordinance No. NS - 3063
Page 8 of 8
28.Urgency Interim Ordinance Pursuant to Section 65858(a) of the California
Government Code Adopting a 45-day Moratorium on the Approval,
Commencement, Establishment, Relocation, or Expansion of Industrial Uses within
Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in
the City Clerk’s Office)
Department(s):
Recommended Action:
1. Adopt an urgency ordinance by four-fifths (4/5) vote, pursuant to California
Government Code Section 65858(a), adopting a 45-day moratorium on the
approval, commencement, establishment, relocation, or expansion of industrial
uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NS-XXXX entitled AN URGENCY INTERIM ORDINANCE OF
THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45-DAY MORATORIUM ON THE APPROVAL,
COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF
INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA),
the proposed action is not subject to the requirements of the California
Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because
the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment and 15060(c)(3) because the activity is not a project as
defined in Section 15378 of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly and so is not a project.
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 16, 2024
TOPIC: Transit Zoning Code Urgency Interim Ordinance (Moratorium)
AGENDA TITLE
Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government
Code Adopting a 45-day Moratorium on the Approval, Commencement, Establishment,
Relocation, or Expansion of Industrial Uses within Specific Development No. 84
RECOMMENDED ACTIONS
1. Adopt an urgency ordinance by four-fifths (4/5) vote, pursuant to California
Government Code Section 65858(a), adopting a 45-day moratorium on the
approval, commencement, establishment, relocation, or expansion of industrial
uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NS-XXXX entitled AN URGENCY INTERIM ORDINANCE OF
THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45-DAY MORATORIUM ON THE APPROVAL,
COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF
INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA),
the proposed action is not subject to the requirements of the California
Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because
the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment and 15060(c)(3) because the activity is not a project
as defined in Section 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly and so is not a project.
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
Staff is recommending adoption of an urgency interim ordinance, pursuant to
Government Code Section 65858(a), also known as a moratorium, to address current
and immediate threats to public health, safety, and welfare, due to growing code
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enforcement complaints stemming from the irreconcilable land use conflicts within the
Specific Development No. 84 zoning district (commonly referred to as the “Transit
Zoning Code” or “TZC”). Specifically, in the Logan and Lacy neighborhoods, and
surrounding areas, the City’s Code Enforcement Division has investigated over 33
commercial and industrial properties in the past nine months and currently has 17 active
open cases that have been issued Notice of Violations and administrative citations for
the following types of violations: illegal storage, land use, zoning, property and
landscape maintenance, unpermitted work, business license, and certificate of
occupancy. The close proximity of active open industrial cases during a short period is
creating a public nuisance that is straining City resources and that is harming public
health, safety, and general welfare of the TZC’s existing and new residential
neighborhoods.
If adopted, the urgency ordinance would establish a 45-day moratorium on the approval,
commencement, establishment, modification, relocation, or expansion of industrial uses
in the TZC while City staff researches appropriate regulations and determines whether
an extension pursuant to the Government Code is necessary. The urgency ordinance
shall have no further force and effect 45-days from the date of its adoption, unless, after
a report on the first 45 days and a public hearing, the City Council members, again by
four/fifths (4/5) vote, extend this ordinance for an initial extension period of ten (10)
months and fifteen (15) days.
DISCUSSION
Background
Specific Development No. 84 (the Transit Zoning Code)
The Specific Development No. 84 zoning district, also known as the Transit Zoning
Code (“TZC”), is located in the central urban core of the City and comprises over 100
blocks and 450 acres. The TZC includes the Civic Center, Downtown, and the Logan
and Lacy neighborhoods, which are among the City’s most historic in age and in
established residential communities. As shown in Exhibit 2, the TZC is generally
bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the
Santa Ana (I-5) Freeway. Prior to the implementation of the TZC, the area consisted of
a wide range of civic, commercial, industrial, and residential land uses under a
variegated amalgamation of zoning districts and their regulations.
In June 2010, the City Council adopted Ordinance No. NS-2804, adopting various
entitlements approving the creation of the TZC. The TZC established a transit-
supportive, pedestrian-oriented development framework to support the addition of new
transit infrastructure; preserve and reinforce the existing character and pedestrian
nature of the City by strengthening urban form through improved development and
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design standards; encourage alternative modes of transportation; provide for a range of
housing options; and allow for the reuse of existing structures.
Moreover, the TZC provided new zoning for all of the properties contained within its
boundary with the exception of those properties zoned Light Industrial (M1) or Heavy
Industrial (M2). These M1 and M2 properties retained their existing zoning, but were
covered by two overlay zones that allows for the option of future mixed-use
development to be exercised at the discretion of the property owner. In support of the
TZC, the City Council also approved a General Plan amendment, establishing
numerous mixed-use General Plan land use designations for the entirety of the TZC. In
these industrial overlay areas, however, the resulting new General Plan land use
designations immediately resulted in zoning inconsistencies and land use conflicts
between the new General Plan land use designations and the industrial overlays.
Since 2010, and specifically in the Logan and Lacy neighborhoods, these industrial
uses have remained, changed ownership, undergone expansions or intensifications,
and created numerous land use conflicts and disturbances that affect surrounding
residential communities. Specifically, in the Logan neighborhood alone, these land uses
create quality of life, health and safety, and other trespass issues for residential
properties that often directly abut these industrial land uses. These issues include
odors, dust, traffic, noise, vibrations, and other documented impacts that have taken
place for nearly a decade and a half, despite the change in underlying General Plan
land use designation.
Comprehensive Zoning Code Update
The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on
October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent,
and to maintain compliance with state law, comprehensive amendments to the Zoning
Code are required. Necessary amendments include the creation of new zoning district
designations and corresponding development standards; updates to the definitions,
signage, nonconforming, and parking sections; reorganization of the entire Zoning Code
to a more user-friendly format; and new standards to reflect new land use trends,
economic development trends, and land use goals of the City.
MIG and City staff have conducted extensive community outreach, stakeholder
interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These
early efforts have indicated that the irreconcilable land use conflicts and land use
inconsistencies in the TZC area are among the top, most pressing topics that must be
addressed as part of the comprehensive Zoning Code Update process in order to protect
the health, safety, and welfare of the most vulnerable communities that face the impacts
of the land use conflicts within the TZC area.
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Historically Disadvantaged Communities
Prior to the adoption of the City’s Transit Zoning Code (TZC), the City permitted
industrial uses within the Logan and Lacy neighborhoods in close proximity to sensitive
land uses such as residences and schools. By way of context, the Logan neighborhood
represents the oldest Mexican and Mexican-American neighborhoods of Santa Ana and
one of the oldest barrios in Orange County, and one of the few places where Mexicans
and those of Mexican descent were allowed to buy land due to restrictions and
covenants based on race during the first half of the 20th century. Moreover, as a
neighborhood, the area was established before the modern practice of separating
impactful land uses, also known as zoning. The Logan neighborhood itself originated as
early as 1886 and was largely settled by 1900, before the practice of zoning was
enshrined by Village of Euclid v. Ambler Realty Co. in 1926. By then, the neighborhood
comprised residential, industrial, commercial, and related land uses, with issues further
exacerbated by rail lines, fuel storage depots, and the construction of the Santa Ana
Freeway between 1947 and 1956.
Comprehensive data analysis and mapping tools generated by the California EPA
(CalEPA), the Center for Diseases Control/Agency for Toxic Substances and Disease
Registry (CDC/ATSDR), the U.S. EPA (EPA), and California Healthy Places Index
(HPI), present concerning information regarding environmental conditions impacting
residents in the Logan and Lacy neighborhoods. Exhibit 3 of this report references EJ
maps showing rankings of at least 90% or higher in heavy air pollution attributed to
indicators describing exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter,
Air Toxics Cancer Risk, Toxic Releases to Air, and Hazardous Water Proximity
exposures. Multiple sources of environmental exposure and pollution burden into
communities of color, including the Logan and Lacy neighborhoods, presents an
alarming set of challenges and decline in healthy community conditions that will impact
their quality of life and life expectancy with continued heavy industrial uses nearby.
Implementation of Senate Bill (SB 1000), City General Plan Update (GPU), and
new Environmental Justice (EJ) Policies and Actions
SB 1000 went into effect in 2016, requiring local governments to address pollution and
other hazards that disproportionately impact low-income and communities of color
within their jurisdiction as a way to proactively plan for and address environmental
concerns when developing and updating components of the General Plan. During this
period, the City began and extended its comprehensive public engagement process for
the General Plan Update through its adoption in April 2022. The City and community
worked to ensure that the new General Plan included SB 1000 requirements of
addressing environmental justice in local general plans through facilitating transparency
and public engagement in the planning and decision-making processes, reducing
Transit Zoning Code Urgency Interim Ordinance (Moratorium)
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harmful pollutants and the associated health risks in disadvantaged communities, and
promoting equitable access to health-inducing benefits such as healthy housing options.
Of note, the new General Plan mixed-use land use designations in the TZC area were
largely left intact, including those in the Lacy and Logan neighborhoods, when the
General Plan Update was adopted in 2022.
Santa Ana’s current General Plan champions implementation policies, including 77 EJ
actions that address air quality, noxious uses, water safety, residential lead exposure in
the soil, and other environmental public health conditions. City staff, over the past year,
have worked on a process to create an EJ Action Committee of EJ cluster area
residents, community-based organizations (CBOs), and County and City staff
representatives, to guide implementation and resource investments to protect
neighborhoods from experiencing any further environmental harm. For the Logan and
Lacy neighborhoods, incompatible land uses allowed from past zoning decisions,
including the industrial overlay zones, have perpetuated the practices of locating
industrial uses or other noxious and unwanted uses, in close proximity to communities
of color.
Code Enforcement and Immediate Ongoing Issues
In the Lacy and Logan neighborhoods within the TZC, the Code Enforcement Division
has investigated over 33 commercial and industrial properties in the past nine months
and currently has 17 active open cases that have been issued Notice of Violations and
administrative citations for the following types of violations: illegal storage, land use,
zoning, property and landscape maintenance, unpermitted work, business license, and
certificate of occupancy. These violations include issues of odors, dust, traffic, noise,
vibrations, and other documented impacts. The close proximity of active open industrial
cases during a short period is creating a public nuisance that is harming public health,
safety, and general welfare of the two residential neighborhoods from the concentration
of open code enforcement cases nearby.
Since June 2023, the TZC communities have experienced a marked increase in impacts
stemming from the irreconcilable industrial and residential land use conflicts in the
Logan and Lacy neighborhoods. Residents in the TZC have increased their reporting of
complaints and public health concerns to City staff regarding emitted contaminants and
zoning violations from industrial businesses in the neighborhoods. Concerns that range
from air pollution and smoke, toxic release exposures, idling trucks on residential
streets, lead exposure, illegal storage, unpermitted uses, loud noise at night, and other
property maintenance pose an immediate public health threat that is straining public
resources to continuously investigate and address these matters. Six months ago, a fire
incident at Macera Crematory, located at 1020 Fuller Street, alarmed neighbors at 9:18
p.m. on August 29, 2023. Neighbors shared with City officials disturbing video of high
flames escaping the stack on the rooftop, the screeching noise that went nonstop for 10
minutes, and what they described as a foul odor attributed to the fire. As City staff
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April 16, 2024
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followed up with external regulatory agencies issuing permits to operate this facility, and
quickly, staff observed the limitations from regulatory agencies and their
compartmentalized processes to investigate and act on enforcement measures.
Since 2022, the City has enhanced community services by restructuring its Planning
Division to contain a Neighborhood Initiatives and Environmental Services (NIES)
section, which oversees, among other functions, environmental justice efforts in Santa
Ana and regional coordination to address such issues. Despite this restructuring, it is
now well documented that the NIES section’s coordination with external regulatory
agencies has not resulted in a favorable outcome in enforcement by responsible
external agencies such as South Coast Air Quality Management District (SCAQMD),
California Department of Consumer Affairs Cemetery and Funeral Bureau (CFB), and
Orange County Fire Authority (OCFA) in many of these investigations. In response, the
City has adopted new regulations such as a Noxious Uses Ordinance (Ordinance No.
NS-3044, adopted June 20, 2023), which amends Zoning Ordinance No. 2023-01 that
includes: a notification requirement to the City by the property owner to obtain a permit
from a regulatory public agency; a requirement of a 1,000 linear foot distance buffer
measured from the outermost boundary of the subject property; and a conditional use
permit requirement from a regulatory public agency to handle, store, emit, or discharge
particulate materials, exhaust emissions, or regulated compounds, or chemicals near a
public park, school (K-12), or property zoned for residential purposes.
City staff have also researched commercial real estate acquisition data and current for
sale properties to identify any trends that could potentially generate an increase in the
application of the City’s Noxious Uses Ordinance for proposed or expanded industrial
uses. From September 2022 to date, seven properties, primarily industrial businesses,
sold and three of those businesses (800-808 E. Washington Avenue, 1045 Fuller Street,
and 923 N. Logan Street) are located in the Logan neighborhood. Currently, two large
properties are in the market for multifamily and land types located in the TZC.
Environmental Justice (EJ)/Disadvantaged Communities (DACs) Profile: Logan and
Lacy neighborhood impacts
A demographic profile of the Lacy and Logan neighborhoods combined represent a
population of 5,907, which encompass 1,564 households, a median household income
of $56,864, average household size is nearly four persons, median age is 27 years, per-
capita income is $23,495, and 74% comprise renter-occupied units based on
demographic forecasts for 2023. Nearly 25% of the population is under 14 years of age
and 14% are 55 years of age and older. Nearly 3% of the population attended up to 12th
grade with no diploma, over 31% are high school graduates, and nearly 97% of the
working population over 16 years of age are employed.
This data illustrates that the Logan and Lacy neighborhoods are within the second and
third highest scored census tracts in Santa Ana, each with a composite score of 90% or
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greater, ranking in the 90th percentile or greater of census tracts in the State, and
identified as “disadvantaged communities” by the Office of Environmental Health
Hazard Assessment (OEHHA) in its CalEnviroScreen model. Failure to address ongoing
irreconcilable land use conflicts that are the target of this moratorium will further
exacerbate the ongoing demographic and environmental justice challenges that these
two neighborhoods within the TZC have grappled with since their founding.
General Plan Inconsistency with Present Land Uses
Numerous policies of the General Plan are inconsistent with the present, irreconcilable
land use pattern of the TZC. Specifically, these policies include Policy LU-1.1
(Compatible Uses), 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), and Policy CN-1.5 (Sensitive Receptor Decisions), 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 purpose of the interim ordinance is to immediately offer protection of public health,
safety, and welfare from these irreconcilable land use conflicts in the TZC, during the
time that City staff analyzes and prepares an evaluation of industrial business uses
within the TZC. Such an evaluation will enable staff to generate recommendations to the
Planning Commission and City Council to determine whether industrial uses should be
permitted in the zoning district, and, if not, proceed with an ordinance and zoning map
amendment to the district. During the interim moratorium period, City staff will not issue
permits, business licenses, or other applicable entitlements to individuals wishing to use
their property for the purposes of industrial business use in the TZC.
ENVIRONMENTAL IMPACT
This ordinance is not subject to the California Environmental Quality Act (“CEQA”), as
the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines
Section 15060(c)(2) because the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment and 15060(c)(3) because the
activity is not a project as defined in Section 15378 of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly and so is not a project, as the
ordinance will temporarily preclude the approval, commencement, establishment,
relocation, or expansion of uses in the zoning district.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
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EXHIBITS
1. Interim Ordinance (Moratorium)
2. Transit Zoning Code (TZC) Map
3. Logan and Lacy Community Summary Infographic and Environmental Justice
(EJ) Data Maps City General Plan Environmental Justice Implementation
Actions
4. City General Plan Environmental Justice (EJ) Implementation Actions
Submitted By: Ali Pezeshkpour, AICP, Planning Manager
Approved By: Alvaro Nuñez, Acting City Manager
Ordinance No. NS - ____
Page 1 of 8
ORDINANCE NO. NS-XXXX
AN URGENCY ORDINANCE OF THE CITY OF SANTA
ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45-DAY MORATORIUM ON THE
APPROVAL, COMMENCEMENT, ESTABLISHMENT,
RELOCATION OR EXPANSION OF INDUSTRIAL USES
WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI,
section 7 of the California Constitution, to make and enforce ordinances to regulate the
use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City
Council, in order to protect the public health, safety and welfare, to adopt an interim
urgency ordinance prohibiting a use that is in conflict with a contemplated general plan,
specific plan, or zoning proposal that the legislative body, planning commission, or the
planning department is considering or studying or intends to study within a reasonable
time, provided that the urgency measure shall require a f our-fifths vote of the legislative
body for adoption, and shall be of no further force and effect forty -five (45) days from its
date of adoption, unless duly extended; and
WHEREAS, Specific Development No. 84 zoning district, also known as the
Transit Zoning Code (TZC), located in the central core of Santa Ana, comprises
approximately 450 acres, encompasses the Logan, Lacy, and Downtown
neighborhoods, and was adopted by the City Council on June 7, 2010 ; and
WHEREAS, upon the initial adoption of the TZC in 2010, the General Plan of the
City of Santa Ana was updated with new land use designations for the areas covered by
the TZC to allow for new, mixed-use residential and commercial communities; and
WHEREAS, the goals of the TZC are to provide a transit-supportive, pedestrian-
oriented development framework to support the addition of new and enhancement of
existing communities through transit infrastructure; to preserve and reinforce the
existing character and pedestrian nature of the City by strengthening urban form
through improved development and design standards; to encourage alternative modes
of transportation; to provide zoning for the integration of new infill development into
existing neighborhoods; to provide for a range of housing options; and to allow for the
reuse of existing structures; and
WHEREAS, industrial uses were established within the Logan and Lacy
neighborhoods in close proximity to sensitive land uses such as residences and schools
prior to the adoption of the TZC, as far back as the late 19th century, predating modern
zoning practices that take into account irreconcilable land use conflicts among
variegated land uses; and
Ordinance No. NS -XXXX
Page 2 of 8
WHEREAS, the TZC provides new mixed-use zoning for properties contained
within its boundary while creating industrial overlay zones allowing properties being
used as industrial uses at the time of its adoption to continue to be governed by
industrial zoning districts until such time that properties were converted to the mixed -
use zones allowed by the TZC; and
WHEREAS, Senate Bill (SB) 1000 went into effect in 2018, requiring local
governments to identify environmental justice communities, called “disadvantaged
communities”, in their jurisdictions and address environmental justice in their general
plans through facilitating transparency and public engagement in the planning and
decision-making processes, reducing harmful pollutants and the associated health risks
in disadvantaged communities, and promoting equitable access to health-inducing
benefits such as healthy housing options; and
WHEREAS, the City of Santa Ana completed a comprehensive update of its
General Plan in April 2022; and
WHEREAS, the Office of the Attorney General of the State of California was
actively involved in ensuring Santa Ana’s General Plan update complied with all aspects
of SB 1000 prior to its adoption; and
WHEREAS, as required by SB 1000, update of the General Plan and its
associated land use plan identified and addressed long standing environmental justice
issues throughout all of its elements, which include 77 implementation actions aimed at
reducing harmful pollutants and associated health risks in disadvantaged communities ;
and
WHEREAS, numerous policies of the General Plan are inconsistent with the
present, irreconcilable land use pattern of the TZC. Specifically, these policies include
Policy LU-1.1 (Compatible Uses), 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), and Policy CN-1.5 (Sensitive Receptor Decisions), 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; and
WHEREAS, the industrial overlay zones in the TZC perpetuate past planning
practices of locating industrial uses, or other noxious and unwanted uses, in close
proximity to communities of color; and
WHEREAS, the Logan neighborhood is the oldest Mexican and Mexican -
American neighborhood in Santa Ana and one of the oldest in Orange County, and one
of the few places where Mexicans and those of Mexican descent were allowed to buy
Ordinance No. NS - ____
Page 3 of 8
land due to restrictions and covenants based on race during the first half of the 20 th
century and
WHEREAS, the construction of Santa Ana (I-5) Freeway through Santa Ana in
the 1950s resulted in a number of families being displaced through the demolition of
single-family homes in the northeastern portion of the Logan neighborhood; and
WHEREAS, in the 1970s a proposed expansion of an arterial highway along
Civic Center Avenue would have demolished a significant portion, if not all, of the Logan
neighborhood; and
WHEREAS, the Logan and Lacy neighborhoods are within the second and third
highest scored census tracts in Santa Ana, each with a composite score of 90 percent
or greater, ranking in the 90th percentile or greater of census tracts in the State, and
identified as “disadvantaged communities” by the Office of Environmental Health
Hazard Assessment (OEHHA) in its CalEnviroScreen model; and
WHEREAS, Assembly Bill (AB) 686 requires local jurisdictions to take deliberate
actions to explicitly address, combat, and relieve disparities to disadvantaged
communities, such as Logan and Lacy neighborhoods, resulting from past patterns of
segregation, disinvestment, and planning practices; and
WHEREAS, the updated land use plan in the Land Use Element of the General
Plan does not designate any properties within the TZC, including the Logan or Lacy
neighborhoods, as industrial; rather, are designated as varying intensities of District
Center or Urban Neighborhood land use designations —both of which are inconsistent
with industrial uses; and
WHEREAS, there are pressing and growing code enforcement complaints
stemming from the irreconcilable land use conflicts in the TZC. Specifically, in the Logan
and Lacy neighborhoods, the City’s Code Enforcement Division has investigated over
33 commercial and industrial properties in the past nine months and currently has 17
active open cases that have been issued Notice of Violations and administrative
citations for the following types of violations: illegal storage, land use, zoning, property
and landscape maintenance, unpermitted work, business license, and certificate of
occupancy. The close proximity of active open industrial cases during a short period of
time is creating a public nuisance that is draining City resources and that is harming
public health, safety, and general welfare of the TZC’s existing and new residential
neighborhoods from the concentration of open code enforcement cases nearby; and
WHEREAS, in the Logan neighborhood, 52 industrial facilities (automotive,
warehouse/storage, crematory, towing yards, construction) are presently in close
proximity to sensitive uses monitored by external regulatory agencies such as South
Coast AQMD, Orange County Health Care Agency – Certified Unified Program
Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange
County Fire Authority. Industrial facilities have caused significant pollution exposure to
Ordinance No. NS -XXXX
Page 4 of 8
disadvantaged communities, including lead risk in soil and housing, diesel particulate
matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and
airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in
diameter. CalEnviroScreen reports higher environmental effects from active facility
cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health
impacts in the area include asthma, cardiovascular disease, and low birth weight, in this
overburdened disadvantaged community factored by socioeconomic indicators of
poverty, linguistic isolation, housing burden, and education; and
WHEREAS, in the Lacy neighborhood, 76 industrial facilities (autom otive,
warehouse/storage, towing yards, construction) are presently in close proximity to
sensitive uses monitored by external regulatory agencies such as South Coast AQMD,
Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA),
Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution onto disadvantaged communities,
including lead risk exposure, diesel particulate matter from idling trucks, toxic release
from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate
matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter.
CalEnviroScreen reports higher environmental effects from active facility cleanup s ites,
hazardous waste facilities, and solid waste locations. Cumulative health impacts in the
area include asthma, cardiovascular disease, and low birth weight, in this overburdened
disadvantaged community factored by socioeconomic indicators of poverty, l inguistic
isolation, housing burden, and education; and
WHEREAS, there is a recent surge in residential development activity in the TZC
that is exacerbating the irreconcilable land use conflicts between residential and
industrial land uses. Examples include the Lacy Crossing residential development with
over 100 ownership units directly adjacent to existing industrial land uses, for which the
City receives regular complaints from residential occupants of disturbances from noise,
vibrations, odors, and truck traffic; and the Rafferty mixed-use development with 218
residential units, including 11 onsite units for very-low income households, which is
located less than one-fifth of a mile from industrial land uses; and
WHEREAS, there is a marked increase in the pending and active development
applications for industrial land uses in the TZC, including for contractor’s yards,
construction debris storage yards, manufacturing operations, expansion of existing
industrial businesses, and storage and warehousing operations, stemming from shifting
economic demands for goods and services emerging from the Covid-19 pandemic; and
WHEREAS, The City Council approved a contract with Moore, Iacofano,
Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and
General Plan are consistent, and to maintain compliance with state law, comprehensive
amendments to the Zoning Code are required; and
WHEREAS, MIG and City staff have conducted extensive community outreach,
stakeholder interviews, and reviews of existing zoning-related codes and policies in
Ordinance No. NS - ____
Page 5 of 8
Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts
and land use inconsistencies in the TZC area are among the top, most pressing topics
that must be addressed as part of the comprehensive Zoning Code Update process in
order to protect the health, safety, and welfare of the most vulnerable communities that
face the impacts of the land use conflicts within the TZC area; and
WHEREAS, the policies and implementation actions in the General Plan also
require review, study, and possible revision in order to respond to recent concerns
relating to the impacts of these industrial business uses in the TZC; and
WHEREAS, given these concerns, the City Council hereby directs that a study
be undertaken of the current provisions of the TZC to address industrial business uses
and determine whether such uses should be permitted in the zoning district, and if not,
proceed with an ordinance amendment to preclude such uses from the district; and
WHEREAS, based on the foregoing, the City Council finds that continuing to
issue permits, business licenses, or other applicable entitlements to individuals wishing
to use their property located in the TZC for the purposes of industrial business use, prior
to the City’s completion of its study of the potential impact of such uses, would pose a
current and immediate threat to the public health, safety, and welfare, and that a
temporary moratorium on the issuance of such permits, licenses, and entitlements in the
TZC area is thus necessary; and
WHEREAS, if an industrial business use is permitted in the TZC without further
review and potential regulation, it will pose a serious threat to the public interest, health,
safety and welfare for the following reasons:
(1)Adversely impacts surrounding businesses and neighborhoods;
(2)Adversely impacts sensitive uses such as residences, schools, parks,
and places where children congregate;
(3)Conflicts with the goals and policies of the City's General Plan;
(4)Long-term incompatibility and inconsistency with surrounding uses; and
(5)Risks to the public health, safety and welfare of the City; and
WHEREAS, prevention of detrimental impacts to residents, the public interest,
health, safety and welfare requires the immediate enactment of this urgency ordinance.
The absence of this urgency ordinance will create a serious threat to the orderly and
effective implementation of any code amendments, general plan amendments or
specific plan amendments which may be adopted by the City; industrial business uses
may be in conflict with or frustrate the contemplated u pdates and revisions to the Code.
Moreover, permitting such uses during said studies and implementation would create
impacts on the public health, safety and welfare that the City Council, in adopting this
ordinance, has found to be unacceptable; and
Ordinance No. NS -XXXX
Page 6 of 8
WHEREAS, the City Council finds, determines and declares that the current and
immediate threat to the public health, safety and welfare of the city and its citizens
necessitates the immediate enactment of this urgency ordinance by a four-fifths vote of
the City Council.
NOW, THEREFORE, the City Council of the City of Santa Ana does 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 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 the
ordinance will temporarily preclude the approval, commencement, establishment,
relocation or expansion of uses in the zoning district.
Section 3. California Government Code Section 65858 authorizes the City
Council to adopt an interim urgency ordinance, without following the procedures
otherwise required for the adoption of an ordinance, to protect the public safety, health,
and welfare, prohibiting any uses that may be in conflict with a contemplated general
plan, specific plan, or zoning proposal that the City Council, Planning Commission or
the planning department is considering or studying or intends to study within a
reasonable time.
Section 4. The City Council, in accordance with Government Code Section
65858, hereby adopts this urgency ordinance establishing a 45-day moratorium on the
approval, commencement, establishment, modification, relocation or expansion of
industrial uses in the TZC while City staff researches appropriate regulations and
whether an extension pursuant to the Government Code is necessary. For the purposes
of this Ordinance, “industrial uses” includes those specified by Divisions 18 and 19 of
Article III of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of
the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific
Development No. 84).
Section 5. This ordinance shall have no further force and effect forty-five (45)
days from the date of its adoption; unless, however, after public hearing the City Council
members, by four/fifths (4/5) vote, extend this ordinance for an initial period of ten (10)
months and fifteen (15) days and subsequently, after public hearing, the City Council
members, by four/fifths (4/5) vote, extend this ordinance one more year.
Section 6. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of the ordinance. The violation of any provision of this
ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.
Ordinance No. NS - ____
Page 7 of 8
Section 7. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 8. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The City Council finds that this
ordinance is necessary to protect the public safety, health and welfare. The reasons for
the emergency are set forth in Section 1 of this ordinance.
Section 9. The City Clerk shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
ADOPTED this ___ day of ___________________, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: ________________________________________
NOES: Councilmembers: ________________________________________
ABSTAIN: Councilmembers: ________________________________________
NOT PRESENT: Councilmembers: ________________________________________
Ordinance No. NS -XXXX
Page 8 of 8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa
Ana on _______________________, 2024.
Date: ________________ ____________________________________
City Clerk
City of Santa Ana
HHHWASHINGTON AV WASHINGTON AV WASHINGTON AV
FLOWER STFLOWER STCIVIC CENTER DR CIVIC CENTER DR
CIVIC CENTER DR CIVIC CENTER DR1ST ST 1ST ST 1ST ST 1ST ST 1ST ST 1ST ST 1ST ST
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Transit Zoning Code SD-84
District Boundary
Corridor (CDR)
Downtown (DT)
Government Center (GC)
Open Space (OS)
Transit Village (TV)
Urban Center (UC)
Urban Neighborhood (UN-1)
Urban Neighborhood (UN-2)
Industrial Overlay M-1 (OZ)
Industrial Overlay M-2 (OZ)
SD-84
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The Community Summary infographic data are from ESRI 2023 forecasts, U.S. Census Bureau, and prior year
American Community Survey results. Data references population, race and ethnicity, income, age, employment,
homeownership, and a population density greater than the City’s population density of 12,471.5 people per square mile.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The CalEnviroScreen 4.0 provides an insight into vulnerable communities that are most affected by pollution burdens,
with special consideration on race and ethnicity. The map below highlights the Logan and Lacy neighborhoods within
the City of Santa Ana at 90% or above as being burdened by pollution.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The map below highlights the Disadvantaged Communities (DACs) within the City of Santa Ana, with both Logan and
Lacy neighborhoods falling into that category. The CalEPA has responsibility for identifying those communities and
CalEPA’s designation of disadvantaged communities must be based on “geographic, socioeconomic, public health, and
environmental hazard” criteria. CalEPA DACs affect an entire or a portion of thirty-three of Santa Ana’s neighborhoods.
The Center for Diseases Control (CDC) Environmental Justice Index Map uses data from the U.S. Census Bureau,
and other federal agencies to rank the cumulative impacts of environmental injustices on health for every census tract.
The map below shows the census tract that includes part of the Lacy neighborhood, which appears to rank HIGH in air
pollution due to exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter from idling trucks, and Air Toxics
Cancer Risk indicators.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The map below shows the census tract that includes the Logan neighborhood, which appears to rank HIGH in air
pollution related to exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter from idling trucks, and Air
Toxics Cancer Risk indicators.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The EPA’s Environmental Justice map and screening tool uses national consistent data combining environmental and
demographic indicators in maps and reports. The map below highlights the Logan and Lacy neighborhoods within the
City of Santa Ana ranking as it relates to Air Toxics Cancer Risk, reflecting at 90% or higher.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to
Diesel Particulate Matter indicating percentiles above 90%.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to
Hazardous Water Proximity, showing a percentile of 95% or above.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to
Particulate Matter (PM) 2.5 reflecting a heavy burden of 95% and above in the percentile score.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana’s ranking as it relates to
Lead Paint showing that the percentile is within 80% and 90%.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The map below indicates the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Toxic
Releases to Air showing a high percentile score of 90%.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
The Healthy Places Index (HPI) comprises a data and policy platform to advance equitable community investments,
develop critical programs and policies and advance health equity through open and accessible data. The map below
captures the City of Santa Ana, which indicates that the majority of the City of Santa Ana’s neighborhoods rank on the
LOW scale of the healthy community conditions, as seen in the dark blue and light blue layers.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
(Continued)
Using the HPI mapping tool, the Lacy
neighborhood ranks at a 9.6% of the
least healthy community conditions.
Using the HPI mapping tool, the Logan
neighborhood ranks on the LOW end,
showing nearly 11% of the least healthy
community conditions.
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 1.1 Yes
Engage EJ communities on recreation and cultural programs. Incorporate community stakeholders
from environmental justice communities to form an Environmental Justice Action Committee to guide
the identification of recreational and cultural programing needs and desires.
PRCSA / PBA 2023
Community 1.2 Yes
Community conversation. Plan for and conduct a community survey every two years related to
community health, pollution concerns, parks, community engagement, and community service needs,
with focused outreach to environmental justice priority areas utilizing various platforms, such as
social media and school events, to encourage substantial survey participation.
CMO Every two
years
Community 1.3 Yes
Collaboration. Develop intentional, strategic partnerships with public, private, and nonprofit entities
to improve health outcomes by leveraging capacity, resources, and programs around mutually
beneficial initiatives that promote health, equity, and sustainability in neighborhoods within
environmental justice area boundaries. Develop a comprehensive partnership policy providing
guidelines that can be used throughout the City organization.
PBA/PRCSA 2022 -2024
Community 1.4 Yes
Community coordination on underutilized spaces. Coordinate with community residents, property
owners, and other stakeholders to identify vacant and potentially underutilized properties and
strategize how such properties could be repurposed into public parks or commercial recreation
facilities.
PBA/PRCSA 2022 &
ongoing
Community 1.5 Yes
Alternative facilities. In park deficient and environmental justice areas, identify facilities that are
viable alternatives to public parks and municipal facilities for recreational, cultural, and health and
wellness programs, including but not limited to school facilities, facilities of faith-based and civic
organizations, and privately owned recreation and entertainment facilities. Identify, inventory, and
rank other resources for potential park system acquisition, expansion to existing parks, and/or parks
development opportunity within the community.
PRCSA 2022
Community 1.6 Yes
Program accessibility. To ensure residents of environmental justice area boundaries have access to
recreational, cultural, and health and wellness programs, establish accessibility corridors that provide
attractive, comfortable, and safe pedestrian and bike access to public recreational facilities in the
Parks Master Plan (an implementation action of the Open Space Element). Identify public realm
improvements needed to create these accessibility corridors. Prioritize investments for accessibility
corridors in the city's capital investment program; include investments for accessibility corridors
when investments are made in new parks and recreation facilities within environmental justice area
boundaries.
PRCSA/PWA 2022
Page 1 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 1.7 Yes
Rental property outreach. Augment the Proactive Rental Enforcement Team and Residential
Response Team with additional outreach geared toward absentee owners of rental properties. Create
and periodically distribute outreach materials in order to educate absentee owners about legal
obligations to maintain and upkeep rental properties. Distribute information to tenants about their
rights and protection, so they are not penalized for reporting or living in a dwelling unit that does not
meet health and safety standards. Translate outreach efforts into Spanish, Vietnamese, and other
appropriate languages. Prioritize such outreach for properties within environmental justice area
boundaries.
PBA 2022 &
Ongoing
Community 1.8 Yes
Neighborhood rehabilitation. Continue to seek state and federal funding for neighborhood
rehabilitation projects and collaborate with community-based organizations to identify housing issues
and improvements needed, especially for housing within environmental justice area boundaries.CDA Ongoing
Community 2.1 Yes
Facilities to support lifelong learning. For areas within park deficient and environmental justice areas
, conduct, maintain, and publicize an inventory of public, nongovernmental, and private facilities that
can be used by organizations to support early childhood education, after school activities, libraries
and learning centers, and other meetings and educational opportunities.
CMO 2024
Community 2.2 Yes
Public realm. Identify areas in need of a public realm plan to provide attractive, comfortable, and safe
walking corridors to promote accessibility to community programs or activity centers, in conjunction
with the City's Active Transportation Plan.
PWA/PBA Ongoing
Community 3.1 Yes
Community health care facilities. Evaluate options to support existing and potential community
health care facilities in environmental justice focus areas through a variety of mechanisms such as
reduced permit fees, reduced impact fees, and tax incentives.
PBA/CMO 2023
Community 3.2 Yes
Pedestrian access to health facilities. Ensure that new or redeveloped health care facilities include
pedestrian-friendly site amenities. In areas where mobile clinics are stationed, ensure the location is
safe and accessible for pedestrians, cyclists, and transit users.
PBA Ongoing
Community 3.3 Yes
Health metrics. Engage with the Orange County Health Care Agency and other stakeholders to
monitor key health indicators to measure the success of the outcome of General Plan policies and the
implementation plan, including reduction in incidence in asthma and low birth weight of infants.
PBA/CMO 2022
Page 2 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 3.4 Yes
Prevention activities. Coordinate with the County Health Care Agency to identify the root causes of
health disparities and inequities in Santa Ana, with additional detail for residents living within
environmental justice area boundaries. Identify potential programmatic changes and resources to
better address the root causes.
PBA/CMO 2022 - 2024
Community 3.5 Yes
Environmental education. Encourage all education institutions in Santa Ana to include curriculum
regarding environmental justice and local efforts to promote clean business operations,
environmental quality, and the health in our community.
PBA/CMO 2022 - 2024
Community 3.6 Yes
Fresh and healthy foods. Pursue programs, incentives, and/or grants to encourage urban agriculture
and small grocery or convenience stores to sell fresh foods in the city, especially those within
environmental justice area boundaries. Examples include grants or loans to purchase updated
equipment, publicity, or directories of healthy food outlets, or connecting stores to wholesale sources
of healthy, local, or organic food.
CDA 2022
Community 3.6A Yes Food Deserts. Collaborate with Orange County Health Care Agency (OCHCA) to gather and map food
desert data, and share publicly through the City's Environmental Quality webpage.PBA 2024
Community 3.7 Yes
Public health and wellness collaboration summit. Collaborate with health care providers, health and
wellness advocates, and other public health stakeholders to identify ways to improve the provision of
and access to health and wellness services throughout the city. Include a discussion on areas within
environmental justice area boundaries and other areas underserved by parks, programs and services
that support health and wellness.
PRCSA 2022 &
ongoing
Community 3.8 Yes
Environmental soil and human health screening measures. Collaborate with Orange County Health
Care Agency, and local stakeholders such as Orange County Environmental Justice and UC Irvine
Public Health, in efforts to provide increased healthcare services (i.e., blood lead testing, treatment)
for residents, especially those that reside in environmental justice communities. Additionally,
collaborate to advocate for adjustment of the County and State policies for health and environmental
screening levels to promote healthy outcomes related to lead contamination as recommended by
health experts.
PBA Ongoing
Community 3.9 Yes
Environmental Justice Staff. Identify funding and hire a full-time Environmental Justice staff member
to collaborate with the community to implement the environmental justice policies and actions
including community outreach, collaboration on environmental health studies, pursuing grants, and
coordination with federal, state, and local agencies regarding environmental concerns in the City.
CMO 2022
Page 3 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.1 Yes
Air quality planning. Review existing and monitor the development of new air monitoring and
emissions reduction plans prepared by the South Coast Air Quality Management District. Gather and
evaluate measures and strategies in such plans for their applicability to and feasibility for Santa Ana.PBA 2022 &
annually
Conservation 1.2 Yes
Community identification. Coordinate with the South Coast Air Quality Management District and
local stakeholders to pursue a priority community designation for eligible environmental justice areas
of the city , with focus on areas with unique needs and highest pollution burden as identified in the
CalEnviroScreen tool. If such designation is not awarded, seek grant funds for activities such as local
air quality monitoring.
PBA 2022 &
Ongoing
Conservation 1.3 Yes
Proactive engagement. Collaborate with the South Coast Air Quality Management District and local
stakeholders in environmental justice areas experiencing local air pollutions issues to outline
objectives and strategies for monitoring air pollution in advance of the establishment of a community
emissions reduction and/or air monitoring plan.
PBA 2022 &
Ongoing
Conservation 1.4 Yes
Health risk criteria. Establish criteria for requiring health risk assessments for existing and new
industries, including the type of business, thresholds, and scope of assessment. Review existing and
establish new regulation to reduce and avoid increased pollution near sensitive receptors within
environmental justice area boundaries.
PBA 2022 - 2027
Conservation 1.5 Yes
Agency permits. Monitor the South Coast Air Quality Management District permitting and inspection
process and the Orange County Health Care Agency to identify businesses in Santa Ana with potential
hazardous materials or by-products, with a special focus on environmental justice communities. Serve
as a liaison for residents to identify potential emission violations. Share information and data with the
community on the City’s Environmental Quality web page.
PBA 2022 &
Ongoing
Conservation 1.6 Yes Emissions monitoring. Coordinate with the South Coast Air Quality Management District to monitor
existing air measurements and recommend new air measurements and locations.PBA 2022 &
Ongoing
Conservation 1.7 Yes
Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive
receptors, with a priority placed on environmental justice areas
PBA/PD 2022 - 2024
Conservation 1.8 Yes
Improve older trucks. Promote the City’s Vehicle Replacement Plan and explore the replacement of
older trucks through City participation in regional incentive programs and education of Santa Ana
private fleet owners of program opportunities.
PWA 2022
Page 4 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.9 Yes
Indirect source rules. Support the development of indirect source rules, drayage truck rules,
advanced clean truck routes, and heavy-duty low NOx rules by the South Coast Air Quality
Management District.
CMO Ongoing
Conservation 1.10 Yes
Interagency team. Establish an environmental quality interagency team to evaluate, monitor, and
make recommendations to address air quality and environmental hazard issues, with a special focus
on environmental justice areas. Publish results and information on the City’s website through a
dedicated Santa Ana Environmental Quality web page.
PBA 2022 &
Ongoing
Conservation 1.11 Yes
Public education. Augment existing outreach programs to improve public awareness of State,
regional and local agencies’ roles and resources to identify, monitor, and address air quality and other
environmental hazards in the community.
PBA/PWA Ongoing
Conservation 1.12 Yes
Data collection for emissions plans. Coordinate with the South Coast Air Quality Management
District to explore ways to initiate data collection efforts for a community emissions reduction and/or
community air monitoring plan, including the identification of information needed (new or updated),
potential data sources and needed resources, and strategies to engage residents and collect
information.
PBA 2022
Conservation 1.13 Yes
Community survey on healthy lifestyles. Plan for and conduct a community survey of residents every
two years related to community health, pollution, parks, community engagement, and community
services, with focused outreach for environment justice concerns and priority areas (tie into other
City efforts like Strategic Plan, park and recreation planning, community benefits, etc.).Report findings
of survey through the various media platforms and utilize input to inform periodic evaluation and
update of General Plan.
CMO Every two
years
Conservation 1.14 Yes
Expanded interactions. Identify opportunities to expand regular attendance and support
neighborhood associations and community groups to hold regular meetings with City staff and
decision-makers in neighborhoods within environmental justice communities, so that residents,
community organizations and businesses can communicate their unique issues and needs, as well as
their recommendations on how best to implement environmental quality, environmental health, and
environmental justice policies. Arrange for language interpretation services as needed at these
meetings so that all residents can participate.
PBA/CMO Ongoing
Conservation 1.15 Yes
Expanded representation. Expand representation of residents from neighborhoods within
environmental justice area boundaries by extending residents from such areas to become board,
commission, and task force members as openings occur
PBA/CMO Ongoing
Page 5 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.16 Yes
City budget. Evaluate the City’s budget and financial policies to include direction for prioritizing public
services and improvements within environmental justice area boundaries. Augment budget meeting
presentations to include a section dedicated to the status of actions and improvements to address
the needs of residents within environmental justice area boundaries.
CMO Annually
Economic
Prosperity 3.5 Yes
Green business incentives. Continue to promote and market the Recycling Market Development
Zone. Develop an incentive program to encourage nonpolluting industry and clean green technology
companies that reduce environmental impacts and the carbon footprint to locate to the city.
Encourage existing businesses to invest in technology and best practice to transition to sustainable
business practices.
CDA Ongoing
Historical
Preservation 3.8 Yes Equitable access. Establish a fee reduction or waiver program for low-income applicants to ensure
equitable access and participation in the Mills Act Program.PBA 2023
Land Use 2.10 Yes
Open space requirements. Evaluate public open space and park requirements in the zoning code for
residential and nonresidential uses. Consider requirements and/or incentives to aggregate public
open space areas required by two or more uses to form larger and more usable areas and facilities.
PBA/PRCSA 2022 - 2027
Land Use 3.2 Yes
Design guidelines and standards. Update the zoning code's development and operational standards
for industrial zones to address incompatibility with adjacent uses, including minimum distance
requirements to buffer heavy industrial uses from sensitive receptors. Conduct a study to evaluate
and establish appropriate minimum distances and landscape buffers between polluting industrial uses
from sensitive receptors such as residences, schools, day care, and public facilities.
PBA 2022 - 2027
Land Use 3.3 Yes Healthy lifestyles. Collaborate with residents and industry stakeholders to create a program to
incentivize and amortize the removal of existing heavy industrial uses adjacent to sensitive uses.PBA 2022
Land Use 3.4 Yes
Funding for air filtration. Seek funding from South Coast Air Quality Management District and other
regional sources for the installation of high-efficiency air filtration systems in buildings, homes, and
schools located in areas with high levels of localized air pollution, especially for those within
environmental justice area boundaries.
PBA 2022
Land Use 3.5 Yes
Business incentive. Explore economic development incentives and grant funding to encourage
existing or draw new business investments in the industrial zones to incorporate more
environmentally sustainable practices.
CDA Ongoing
Land Use 3.6 Yes
Lead paint abatement. Coordinate with County of Orange Health Care Agency and community
organizations to strengthen local programs and initiatives to eliminate lead-based paint hazards, with
priority given to residential buildings located within environmental justice area boundaries.
CDA / PBA 2021 &
Ongoing
Page 6 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.14 Yes Sunshine ordinance. Update City Sunshine Ordinance, incorporating best practices for outreach in
environmental justice areas in Santa Ana CMO 2022
Land Use 3.15 Yes Communication tools. Explore tools for communication with residents and sensitive receptors when
new industrial uses are proposed in their areas PBA 2022 - 2024
Land Use 3.16 Yes Health in corridors. Require a Health Risk Assessment to identify best practices to minimize air quality
and noise impacts when considering new residential uses within 500 feet of a freeway.PBA 2022 - 2027
Land Use 3.17 Yes
Training for safe practice. Pursue the EPA Renovate Right Program to train local residential
contractors for certification as lead renovators to promote safe work practices and prevent lead
contamination.
PBA 2022
Land Use 3.18 Yes
Renovations and lead prevention. Evaluate the feasibility of requiring contractor training and/or
certification for safe work practices to conduct residential renovations for pre-1978 structures that
may contain existing lead paint.
PBA & CDA Ongoing
Land Use 3.19 Yes
Promote health. Partner with local organizations (e.g., OC Health Care Agency, Latino Health Access,
Santa Ana Unified School District, Garden Grove Unified School District, Orange County Environmental
Justice, and the Coalition of Community Health Centers) to increase blood lead testing, outreach,
education, and referral services through a ‘promotora’ or community peer outreach model that
addresses the root causes of elevated blood lead levels impacting Santa Ana residents, with special
focus in environmental justice communities and for children living in pre-1978 housing.
PBA 2022 - Ongoing
Land Use 3.20 Yes
Safe housing. Require all residential rehabilitation projects that use local, or HUD federal funds to
comply with the Lead Safe Housing Rule, to remove lead paint hazards, depending on the nature of
work and the dollar amount of federal investment in the property
CDA Ongoing
Land Use 3.21 Yes
Prevention education. Collaborate with local organizations such as Orange County Health Care
Agency, State Environmental Protection Agency, and community-based environmental justice
organizations to identify funds and create a Santa Ana Prevent Lead Poisoning Education Program,
with special focus on disadvantaged communities and pre-1978 housing stock.
PBA 2022 - Ongoing
Page 7 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.22 Yes
Public health outcomes. Support the Orange County Health Care Agency in their role in investigating
public complaints regarding unsafe lead work practices and lead hazards wherein children are
present,
through enforcement of local housing standards to assure healthy outcomes, including for individuals
and households presenting with concerns about lead exposure and/or with confirmed lead levels of
>3.5ug/dL, which the Centers for Disease Control and Prevention indicates as the threshold for follow-
up and case management in children.
PBA 2022 &
Ongoingng
Land Use 3.23 Yes
Agency permits. Work with South Coast Air Quality Management District and Orange County Health
Care Agency to evaluate existing special permit process and criteria for approval, and identify
potential policy changes to minimize issuance of special permits with potential health impacts.
PBA 2022
Land Use 3.24 Yes
Public health. Partner with Orange County Health Care Agency and community serving organizations
to evaluate best practices and benefits of preparing a Public Health Plan to address environmental
hazards in Santa Ana, with special focus in environmental justice communities. Conduct public
meetings to gather information and present preliminary findings.
PBA 2022 - 2024
Land Use 3.25 Yes
Engage EJ communities. Work with community serving organizations, neighborhood leaders, and
residents to form an Ad Hoc Committee to develop ongoing EJ Community Engagement programs for
existing and new disadvantaged EJ communities, including multilingual communication protocols.
Host quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of
environmental justice policies.
PBA 2022
Land Use 3.26 Yes Health conditions. Work with state agencies including the Department of Toxic Substances Control
and South Coast Air Quality Management District, Orange County Health Care Agency and local
stakeholders including Orange County Environmental Justice and UC Irvine Public Health to identify
PBA Ongoing
Land Use 3.27 Yes
Groundwater practice. Coordinate with the State Department of Toxic Substances Control (DTSC) to
monitor the Santa Ana Southeast Groundwater Clean Up Project and identify measurable progress to
remediate groundwater contamination. Share information with the community on the City’s
Environmental Quality web page.
PBA Ongoing
Page 8 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.28 Yes
Tenant protections. Provide information to residential tenants regarding Landlord Tenant Laws in the
State, such as AB 1481, and Santa Ana’s Just Cause for Tenant Eviction and Rent Stabilization
ordinance that provide protections against evictions for those who seek action to improve
substandard housing and hazardous conditions.
PBA 2022 &
Ongoing
Land Use 3.29 Yes
Development site history. Update the City’s Development Review application process to require
developers to provide information regarding the prior use of the site and history of hazardous
materials on the property, in order to identify potential for site contamination from hazardous
materials or soil lead contamination to be remediated.
PBA 2022
Land Use 4.6 Yes
Fireworks and environmental pollution. Study the data available to understand the health effects
and environmental exposure, including air quality and noise impacts, from airborne sources such as
fireworks shows and displays, with special focus on environmental justice areas.
PBA/CMO/PD 2022 - 2024
Land Use 4.7 Yes
Construction improvements. Identify best practices and communication tools to monitor mitigation
measures and oversight of private and public construction improvements to protect the health and
safety of health of the community, with focus on environmental justice areas.
PWA/PBA Ongoing
Mobility 3.5 Yes Safe routes to schools and parks. Develop and pursue implementation of a Safe Routes to School
Plan and a Safe Routes to Parks Plan PWA/PRCSA Ongoing
Mobility 4.5 Yes
Citywide Design Guidelines update. Update the Citywide Design Guidelines to strengthen pedestrian
and cyclist linkages to development centers and residential neighborhoods and coordinate on-site
landscape with public realm landscaping.PBA/PWA 2022 - 2027
Mobility 5.8 Yes Air quality improvements. Participate in inter-jurisdictional efforts to promote improvements in air
quality and to meet state and federal mandates through advanced technology and TDM programs PBA/PWA 2021-2035
Open Space 1.2 Yes
Interagency Forum. Convene an interagency forum to take a coordinated approach to evaluating the
feasibility for converting City-owned properties to parkland, with special focus in park deficient and
environmental justice areas.
PRCSA 2022
Open Space 1.7 Yes
Public parkland requirements for residential projects. Update the Residential Development Fee
Ordinance for large residential projects, which include projects of 100 residential units or more, to
require public parkland within the City limits and a 10-minute walking distance of the new residential
projects.
PBA/PRCSA 2022
Page 9 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Open Space 1.7A Yes
Open space and park land incentives. Allow developers a reduction in on-site open space by giving
credits for park land for public use. Establish a process and program to incentivize developers to
provide additional on-site and/or publicly accessible open space to create public park land and open
space. Research and collaborate with residents, developers, and community organizations to design
and implement an open space density bonus to incentivize the creation of additional on-site open
space in exchange for more density in the project.
PBA & PRCSA 2022-2027
Open Space 1.10 Yes
New parkland collaborative. Coordinate with property owners to explore options to provide public
access and programming on privately-owned open space in park deficient areas, including options to
acquire land through purchase, land dedication, easements, and land leases that would allow for
permanent or temporary public use of land for open space and recreational opportunities.
PRCSA 2022 &
Ongoing
Open Space 1.11 Yes
Joint-use agreements. Coordinate with public school districts, private schools, and other community
organizations to provide community members with access to additional open space and recreational
resources.
PRCSA 2022 &
Ongoing
Open Space 1.13 Yes
New programming in underserved areas. Partner with community organizations to offer new
programs that are accessible to residents who live in areas underserved by open space and
recreational facilities. Develop a comprehensive partnership policy providing guidelines that can be
used throughout the City organization.
PRCSA 2022
Open Space 1.14 Yes
Community partnerships. Continue building partnerships with community-based organizations that
administer social services to the elderly, youth, and other special needs groups; create use
agreements for these providers to use public park facilities to meet the recreational and educational
needs of these groups.
PRCSA Ongoing
Open Space 1.15 Yes
Community input. Identify and utilize multilingual and interactive community engagement tools,
initiated through the Parks and Recreation Master Plan, for residents and facility users to provide
ongoing input about open space needs, park design, facility improvements, and programming
PRCSA 2022
Open Space 1.16 Yes
Acquisitions to meet park standard. Using the Park Master Plan as guidance, identify and acquire
property within the City for park and open space use which will focus on bringing the park and
recreation system to three acres of land per 1,000 residents with a plan to keep pace with future
urban growth.
PRCSA 2022 &
ongoing
Public
Services 1.4 Yes
Fiscal priority for public improvements. Identify City fiscal and operational procedures and potential
thresholds involved in the prioritization of general funds for public programming, service, or
infrastructure improvements for residents living within environmental justice area boundaries.
CMO 2021 &
annually
Page 10 of 11
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Safety 2.4 Yes
Lead contamination. Work with local and regional partners, such as Orange County Environmental
Justice, Orange County Health Care Agency and University of California at Irvine Public Health, to
understand the prevalence, sources, and implications of lead contamination of soil across Santa Ana.
Collaborate with environmental justice stakeholders in proposing solutions to remove hazardous lead-
contaminated soils in the city and with benchmarks to measure and track effectiveness of proposed
programs.
PBA/CDA Ongoing
Safety 2.5 Yes
Business education. Collaborate with state and county agencies and trade organizations to educate
and inform industrial business owners about permit regulations required for safe facility operations
and about best practices.
PBA/CDA Ongoing
Page 11 of 11
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE 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 projects that might be important to you. We encourage you to contact us prior
to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to
receive public testimony and will take action on the item described below.
Proposed Action: The City of Santa Ana is proposing to adopt an ordinance extending Ordinance No.
NS-3063 for 10 months and 15 days pursuant to Section 65858(a) of the California Government Code
continuing a moratorium on the approval, commencement, establishment, relocation, or expansion of
industrial uses within Specific Development No. 84 zoning district.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the
proposed action is not subject to the requirements of CEQA pursuant to Section 15060(c)(2) and
15060(c)3. The activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment. Furthermore, the activity is not a project as defined in Section 15378 of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential for resulting
in physical change to the environment, directly or indirectly.
Meeting Details: This public hearing will be held on Tuesday, May 21, 2024, at 5:30 p.m. or as soon
thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana,
CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the
most up to date information on how to participate virtually in this meeting, please visit https://www.santa-
ana.org/agendas-and-minutes/.
Written Comments: If you are unable to participate in the meeting, you may send written comments
by e-mail to eComment@santa-ana.org (reference the Agenda Item # 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.
Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after
the deadline may not be distributed to the City Council but will be made part of the record.
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: https://www.santa-ana.org/agendas-and-minutes/.
Who To Contact For Questions: Should you have any questions, please contact Margarita
Macedonio with the Planning and Building Agency by phone at (714) 667-2288 or by email at
MMacedonio@santa-ana.org.
Note: If you challenge the decision on the above matter in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Margarita Macedonio (714) 667-2288.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.