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Home My WebLink AboutAgenda Packet_2025-05-06City Council Meeting Packet May 6, 2025 CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Mayor Pro Tem - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Alvaro Nunez City Attorney City Manager Jennifer L. Hall City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/agendas-and-minutes. City Council 1 5/6/2025 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 5/6/2025 Members of the public may attend the City Council meeting in -person or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment@santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900- 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. City Council 3 5/6/2025 The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Consejo. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball) or download a pdf (the cloud symbol with the down arrow ). City Council 4 5/6/2025 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Anchor Stone Christian Church v. City of Santa Ana, et al., United States District Court Case No. 8:25-cv-00215-JWH-DFM 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Confidential Association of Santa Ana (CASA) 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Santa Ana Middle Management / Administrative Management Association (SAMA) City Council 5 5/6/2025 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Santa Ana Police Management Association (PMA) 5. PUBLIC EMPLOYEE — PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1): TITLE: City Attorney, City Clerk, and City Manager 6. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources Unrepresented Employees: City Attorney, City Clerk, and City Manager RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Benjamin Vazquez Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall Mayor Amezcua Pastor Johnny Dunning ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua recognizing Reimagine for 75- years of Outstanding Contributions to the Community City Council 6 5/6/2025 2. Proclamation presented by Councilmember Hernandez to Mark and James Vahradian in Honor of the Late Jack Vahradian 3. Certificate of Recognition presented by Councilmember Lopez recognizing The Center for Teacher Education on their 25-Year Anniversary 4. Proclamation presented by Councilmember Phan to Santa Ana's Parks, Recreation, and Community Services Aquatics Team declaring May 2025 as Water Safety Drowning Prevention Month CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 19 and waive reading of all resolutions and ordinances. 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular Meeting of April 15, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. 7. City of Santa Ana 2024 General Plan Annual Progress Report. Department(s): Planning and Building Agency Recommended Action: 1. Receive and file the City of Santa Ana 2024 General Plan Annual Progress Report; and 2. Authorize staff to submit the City of Santa Ana 2024 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). City Council 7 5/6/2025 8. Purchase Order Contracts to Guaranty Chevrolet Motors, Inc. for Nine (9) Chevrolet Vehicles and Selman Chevrolet Company for Seven (7) Chevrolet Vehicles (Spec No. 25-017) (General Fund & Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a purchase order to Guaranty Chevrolet Motors, Inc. for nine new 2025 Chevrolet Colorado Trucks, in an amount of $360,093, plus a contingency amount of $45,000, for a total amount not to exceed $405,093. 2. Authorize a purchase order to Selman Chevrolet Company for six new 2025 Chevrolet Equinox EVs, and one new or unused 2025 Chevrolet Traverse, in an amount of $299,229, plus a contingency amount of $35,000, for a total amount not to exceed $334,229. 9. Agreement with Hinderliter, de Llamas and Associates ("HdL") for Business License Tax and Fee Software Services (Specification No. 23-165) (General Fund & Non - General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Hinderliter, de Llamas and Associates ("HdL") to provide business license tax and fee software services in an amount not to exceed $1,557,525, for a five-year term beginning April 15, 2025 and expiring April 14, 2030, with provisions for one 2-year extension, followed by two 1-year extensions (Agreement No. A-2025-XXX). 10. First Amendment to Agreement with Falck Mobile Health Corporation dba CARE Ambulance Service to Provide Expanded Ground Non -Emergency Medical Transportation Services for the Santa Ana Police Department and Provision of Ambulance Compliance Data to Orange County Emergency Medical Services Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an Amendment to the Agreement with Falck Mobile Health Corporation dba CARE to add on the contract's Scope of Work for Santa Ana Police Department ground non -emergency medical transportation services and monthly provision of Ambulance Compliance Data to Orange County Emergency Medical Services (Agreement No. A-2025-XXX). 11. First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Management Association (PMA) for the period of January 1, 2022 City Council 8 5/6/2025 through June 30, 2025, modifying and delineating specific articles of the MOU (Agreement No. A-2025-XXX). 12. Third Amendment to City Clerk Employment Agreement Department(s): Human Resources Recommended Action: Approve a third amendment to the City Clerk Employment Agreement reflecting the positive City Clerk performance evaluation conducted on April 15, 2025 and approving an increase to the City Clerk in the amount of deferred compensation provided by the City (Agreement No. A-2025-XXX). 13. Agreement with Contemporary Services Corporation for Security Services for City Special Events (Specification No. 24-138) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Contemporary Services Corporation to provide security services for City special events in an amount not to exceed $500,000, for a three-year term beginning May 6, 2025 and expiring May 5, 2028, with provisions for two, one-year extensions (Agreement No. A-2025-XXX). 14. Agreement with SenseMakers, LLC to Provide Training Exercise Services for the Urban Area Security Initiative Grant Program FY2023 - FY2027 (Specification No. 25- 024A) (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year agreement, with two, one-year renewal options, with SenseMakers, LLC to provide on -going training deliverables to the Anaheim/Santa Ana Urban Area on an as - needed basis, for the period of May 6, 2025 through May 5, 2028 in an aggregate amount not to exceed $433,619 (Agreement No. A-2025-XXX). 15. Agreements with Flock Group, Inc. and Motorola Solutions, Inc. for Automated License Plate Recognition Camera Installation and Maintenance Services (Specification No. 25-034) (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute a three-year agreement with Flock Group, Inc. to provide automated license plate recognition camera installation and maintenance services, for the estimated period of May 6, 2025 through May 5, 2028, with provision for one, two-year extension, for an amount of $196,560 plus a contingency amount of $15,000, for a total amount not to exceed $211,560. (Agreement No. A-2025-XXX). 2. Authorize the City Manager to execute a five-year agreement with Motorola Solutions, Inc. to provide automated license plate recognition camera installation and City Council 9 5/6/2025 maintenance services, for the estimated period of May 6, 2025 through May 5, 2030, for an amount of $454,099 plus a contingency amount of $40,000, for a total amount not to exceed $494,099. (Agreement No. A-2025-XXX). 16. Service Agreement with Siemens Industry, Inc. for HVAC and Lighting Control Systems Maintenance (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Siemens Industry, Inc., for HVAC and Lighting Control System maintenance services in the amount of $705,649, plus a contingency amount of $70,565, for a total amount not to exceed $776,214 for a term beginning July 1, 2025 and expiring June 30, 2026, with provisions for four, one-year extensions (Agreement No. A-2025-XXX). 17. Agreements with Transportation Studies, Inc. and National Data & Surveying Services for Traffic Counting Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Transportation Studies, Inc. and National Data & Surveying Services for traffic counting services, in an aggregate amount not to exceed $500,000, for a term beginning May 6, 2025 and ending on May 5, 2028, with the option for two, one-year extensions (Agreement Nos. A-2025-XXX and A-2025-XXX). 18. First Amendment with California Barricade Rentals, Inc. dba California Barricade and Statewide Traffic Safety and Signs dba AWP Safety for On -Call Traffic Control Services Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the standard agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs to provide On -Call Traffic Control Services and update rates based on Consumer Price Index and/or Prevailing Wages as set by the California Department of Industrial Relations, for the remaining term of the agreement, and increase the contract amount by $510,000, for a total amount not to exceed $1,010,000 (Agreement Nos. A-2025-XXX and A-2025-XXX). 19. Resolution and Density Bonus Agreement No. 2024-02 Property Located at 510 and 520 N Harbor Boulevard in Specific Plan No. 2 Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving Density Bonus No. 2024-02 as conditioned; RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. City Council 10 5/6/2025 2024-02 FOR A FORTY-FIVE UNIT SINGLE-FAMILY ATTACHED TOWNHOME DEVELOPMENT LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD (APN: 100-631-05 & 100-631-04) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemption); and 3. Authorize the City Manager to execute a Density Bonus Agreement with Alminlo Properties, LLC, for a 55-year term, for a for -sale residential development consisting of forty-five (45) attached for -sale townhomes, which includes five (5) units designated as affordable to moderate -income households at 510 and 520 N. Harbor Boulevard (Agreement No. A-2025-XXX). **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 20. Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide Department(s): Police Department Recommended Action: Conduct a first reading and adopt an ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of nitrous oxide: ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE **END OF BUSINESS CALENDAR** City Council 11 5/6/2025 PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 21. Public Hearing - Resolution to Make Findings and Adopt Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 Amending Certain Sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Addressing Industrial Land Uses, Nonconformities, and Operating Standards, and Amending the City of Santa Ana Zoning Map to Remove the Light Industrial (M1) and Heavy Industrial (M2) Suffixes from Certain Properties Within the SD-84 District Boundary Public Hearing continued from April 1, 2025 City Council meeting and notice was posted on April 2, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to make findings pursuant to Public Resources Code and to adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100). Pursuant to the California Environment Quality Act (CEQA), and based on independent review and analysis, and the administrative record as a whole, that, in exercising its independent judgement, amend TZC SD-84 Final EIR with an addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR was accordingly prepared. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER NO. 2006071100) 2. Adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD-84)) of Chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the zoning district; modifying the authorized land uses and permit types; establishing revised non -conforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and non -conforming uses. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 2024-02, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE City Council 12 5/6/2025 REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES 3. Adopt an ordinance to approve Amendment Application (AA) No. 2024-03 amending the zoning by removing the M1(Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map. ORDINANCE NO. NS-XXXX entitled AMENDMENT APPLICATION (AA) NO. 2024- 03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SANTA ANA BY REMOVING THE M1 (LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL) SUFFIXES FROM CERTAIN PROPERTIES WITHIN THE SD-84 ZONING DISTRICT BOUNDARY 22. Approve the Tax Equity Fiscal Responsibility Act (TEFRA) Resolution Hearing for North Harbor Housing Partners LP (the "Borrower") a Partnership of which Jamboree Housing Corporation (the "Developer"), Consisting at Least the Developer or a Related Person to the Developer and One or More Limited Partners Legal Notice published in the OC Reporter on April 25, 2025. Department(s): Community Development Agency Recommended Action: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "CMFA") on behalf of North Harbor Housing Partners LP (or the "Borrower"), for the benefit of Estrella Springs Apartment, FKA North Harbor Village Apartments (the "Project") to finance or refinance the acquisition, construction, improvement and equipping of Estrella Springs, a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana (the "Project"). 2. Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $30,000,000 to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana, California (the "Project"). RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR ESTRELLA SPRINGS 3. Preauthorize the City Manager to execute a future Subordination Agreement with JP Morgan Chase Bank, N.A. for the City's Community Development Block Grant loan agreement with North Harbor Housing Partners LP. City Council 13 5/6/2025 COUNCILMEMBER REQUESTED ITEMS 23. Discuss and Consider Directing the City Manager to Direct City Staff to Draft and Bring Back an Ordinance for Council Consideration That Would Require Monthly City Inspections of Permanent Supportive Housing Communities Within the City of Santa Ana and the Posting of the Results of Those Inspections on the City of Santa Ana's Website — Councilmember Bacerra 24. Discuss and Consider Directing the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Amending the Sign Code to Allow the Use of an A -Frame in Designated Commercial Areas — Councilmember Lopez I WORK STUDY SESSION 25. Fiscal Year 2025-26 Budget Work Study Session Department(s): Finance and Management Services Recommended Action: Discuss and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. April 23, 2025 Mayor Amezcua — California Assembly Installation, Sacramento, CA 2. April 26 — 29, 2025 Mayor Amezcua — 2025 Mayors and Police Chiefs Public Safety Meeting in Chicago, IL 3. May 4 — 5, 2025 Mayor Amezcua — California Peace Officers' Memorial Ceremonies in Sacramento, CA 4. April 23 — 25, 2025 Councilmember Bacerra — 2025 City Leader Summit Hosted by the League of California Cities in Sacramento, CA 5. April 30 — May 2, 2025 Councilmember Bacerra — 2025 SCAG Regional Conference & General Assembly in Palm Desert, CA 6. May 4 — 6, 2025 Councilmember Bacerra —California Peace Officers' Memorial City Council 14 5/6/2025 Ceremonies in Sacramento, CA 7. April 23 — 25, 2025 Councilmember Penaloza — 2025 City Leaders Summit Hosted by the League of California Cities in Sacramento, CA 8. May 4 — 5, 2025 Councilmember Penaloza — California Peace Officers' Memorial Ceremonies in Sacramento, CA ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. FY25-26 Budget Work Sessions and Public Hearing POSTING STATEMENT: On April 29, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 15 5/6/2025 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California April 15, 2025 CLOSED SESSION MEETING — 4:00 P.M. REGULAR OPEN MEETING — 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: MayorAmezcua called the Closed Session meeting to order at 4:15 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. Councilmembers Lopez and Penaloza arrived during Closed Session. CITY COUNCIL 1 APRIL 15. 2025 City Council 6-1 5/6/2025 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall announced that Closed Session Item No. 3, pertaining to the Executive Management Team, was withdrawn. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: MayorAmezcua recessed to considerthe Closed Session items at 4:16 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1): TITLE: City Clerk 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Designated Representative: Lori Schnaider, Executive Director of Human Resources Unrepresented Employee: City Clerk CLOSED SESSION AGENDA ITEM NO. 3 WITHDRAWN 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Unrepresented Employee: Executive Management Team (EMT) 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Share Our Selves Corporation v. City of Santa Ana, et al., United States District Court (Central District of California), Case No. 8:23-CV-00504-DOC-DFM B. Telesfora Mendoza de Ascension and Matilde Ascencio De Juarez v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2024-01371513 CITY COUNCIL 2 APRIL 15. 2025 City Council 6-2 5/6/2025 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to order at 5:59 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Benjamin Vazquez Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Deputy City Manager Sylvia Vazquez NATIONAL ANTHEM Orange County School of the Arts Students WORDS OF INSPIRATION Pastor Darrell Durley, Brown Temple ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced that Item No. 6, Orange County Transportation Authority presentation, was rescheduled to another date. CITY COUNCIL 3 APRIL 15. 2025 City Council 6-3 5/6/2025 CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua recognizing the 2024 City of Santa Ana Historic Preservation Awards Recipients MINUTES: Mayor Amezcua presented certificates of recognition to the 2024 City of Santa Ana Historic Preservation Awards Recipients. 2. Certificate of Recognition presented by Councilmember Bacerra to the Orange County School of the Arts recognizing their 25t" Anniversary in Santa Ana MINUTES: Councilmember Bacerra presented a certificate of recognition to the Orange County School of the Arts recognizing their 25th anniversary in Santa Ana. 3. Certificate of Recognition presented by Councilmember Hernandez to Dr. Annebelle Nery for Outstanding Contributions to Education MINUTES: Councilmember Hernandez presented a certificate of recognition to Dr. Annebelle Nery for outstanding contributions to education. 4. Certificate of Recognition presented by Councilmember Lopez to the LoverSonicos Cumbia Group for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to the LoverSonicos Cumbia Group for outstanding contributions to the community. 5. Proclamation presented by Councilmember Phan to Kim Nguyen-Penaloza declaring April 2025 as Sexual Assault Awareness Month MINUTES: Councilmember Phan presented a proclamation to Kim Nguyen- Penaloza declaring April 2025 as Sexual Assault Awareness Month. STAFF PRESENTATION 6. Orange County Transportation Authority (OCTA) — OC Streetcar Presentation MINUTES: Item rescheduled to a later date; no action taken. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced that City Council approved a settlement in the amount of $138,000 (VOTE: 7-0) for Closed Session Agenda Item No. 4B. CITY COUNCIL 4 APRIL 15. 2025 City Council 6-4 5/6/2025 MINUTES: Mayor Amezcua reported that an ad hoc committee consisting of herself, Mayor Pro Tern Vazquez, and Councilmember Bacerra has been formed to address public safety and the Police Oversight Commission ordinance. PUBLIC COMMENTS-- Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. MINUTES: City Clerk Jennifer L. Hall announced a brief recess to allow for a quorum to reconvene. Councilmember Phan returned to the dais. The meeting reconvened at 7: 04 P.M. City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 6, five (5) Agenda No. 23, one (1) Agenda Item No. 24, and three (3) non -agenda comments. The following speakers addressed City Council in -person: 1. Dan Escamilla spoke regarding pending litigation against the City and an incident he experienced in the City. 2. Sue Palak spoke regarding driver safety, the budget, and the need for positive role models. 3. Tony Carrillo, Service Employees International Union (SEIU), called for a moment of silence in honor of Isidro "Sid" Pineda and spoke in favor of collaborative bargaining discussions. 4. Nancy Robles, SEW Local 721 Chapter President, spoke regarding the union's bargaining committee and their hopes for the next bargaining discussions. 5. Laura Morfin thanked City staff for their hard work and the completion of the improvement project along the F02 garden channel. 6. Mike Tardif spoke in support of Item No. 10 and highlighted other areas within the City that are also affected by the same issues. The following speaker addressed City Council via teleconference: 7. Nina Jirik thanked City staff for their hard work and requested a passive walkable park in the Washington Square neighborhood. CITY COUNCIL 5 APRIL 15 2025 City Council 6-5 5/6/2025 CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 25 and waive reading of all resolutions and ordinances. MINUTES: At 7:23 P.M., the Consent Calendar was considered. Councilmember Bacerra pulled Agenda Item No. 19 for separate discussion and consideration and announced a recusal from Item No. 24 due to a potential financial issue. Councilmember Phan recused herself from Agenda Item No. 19 as the listed entity, Charitable Ventures, is a client of her employer, Rutan and Tucker. Councilmember Lopez pulled Agenda Item Nos. 10 and 24 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item No. 23 for separate discussion and consideration. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 7 through 25 with the exception of Agenda Item Nos. 10, 19, 23, and 24 pulled for separate discussion and consideration, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 7. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 8. Minutes from the Regular Meeting of April 1, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. CITY COUNCIL 6 APRIL 15. 2025 City Council 6-6 5/6/2025 9. Appoint Ruth Cossio-Muniz Nominated by Councilmember Penaloza as the Ward 6 Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Ruth Cossio-Muniz to the Measure X Citizen Oversight Committee as the Ward 6 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Ruth Cossio-Muniz. AGENDA ITEM NO. 10 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 10.Authorization for City Attorney to File Drug Den Abatement Actions Department(s): City Attorney's Office Recommended Action: Authorize the City Attorney's Office to file nuisance abatement actions in the Orange County Superior Court against the property and business owners of El Tapatio Restaurant, Royal Roman Motel, and Royal Grand Inn. 1502 E. 1st St., Santa Ana ("El Tapatio Restaurant") • 1504 E. 1st St., Santa Ana ("Royal Roman Motel") 1519 E. 1st St., Santa Ana ("Royal Grand Inn") MINUTES: Councilmember Lopez spoke in support of the item, the need to ensure the safety of the City's residents, holding businesses that allow illegal activities accountable for their actions, and hopes property owners can work with the city to resolve issues. She requested City Attorney Sonia Carvalho clarify the steps taken to ensure due process. City Attorney Carvalho reported the steps the City has taken to ensure due process pertaining to the properties. Councilmember Penaloza spoke in support of the item and thanked City staff for their efforts and hard work. He stated that the situation should serve as an example to other businesses in the city, that permitting comparable neglect will lead to a similar action. Councilmember Bacerra spoke in support of the item and cited the large number of calls for service and crimes connected to the properties and requested more enforcement in the affected area. CITY COUNCIL 7 APRIL 15. 2025 City Council 6-7 5/6/2025 Councilmember Hernandez spoke in support of the item, thanked staff for their hard work, and highlighted the numerous code violations the properties have received. He spoke regarding businesses improving their practices and addressing potential code violations. Mayor Pro Tem Vazquez spoke in support of the item. Mayor Amezcua spoke in support of the item, thanked staff for their hard work, and emphasized the inequity between Santa Ana and other Orange County cities. MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 10, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 11.Automated License Plate Recognition System Department(s): Police Department Recommended Action: Receive and file. 12.Single Audit Report for the Fiscal Year Ended June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file Single Audit Report for the Fiscal Year Ended June 30, 2024. 13. Purchase Order to Hewlett Packard Enterprise (HPE) for Support Services for Servers and Storage Systems (Specification No. 25-052) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a Purchase Order to Hewlett Packard Enterprise (HPE) for Support Services for Servers and Storage Systems, for a three-year period beginning May 15, 2025 through May 14, 2028, in an amount not to exceed $90,492. CITY COUNCIL 8 APRIL 15. 2025 City Council 6-8 5/6/2025 14. Purchase Order to Advanced Personal Computing, Inc., DBA Liquid Networx for Network Access Control (NAC) System (Specification No. 25-051) (Non - General Fund). Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of a Purchase Order to Advanced Personal Computing, Inc., DBA Liquid Networx, for Network Access Control (NAC) System in an amount not to exceed $110,674. 15.Agreement with eSentire, Inc. for Managed Detection and Response (MDR) Services (Specification No. 25-028) (Non -General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with eSentire, Inc. to provide Managed Detection and Response (MDR) Services in an amount not to exceed $592,433, plus a 10% contingency of $59,243 totaling $651,676, for a term beginning April 15, 2025 and expiring April 14, 2028 (Agreement No. A-2025-040). 16.Agreements with ARAS Enterprises, Inc., and GTE Agency, LLC dba Global Talent Entertainment for Entertainment Promoter Services (Specification No. 24-102) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute aggregate agreements with ARAS Enterprises, Inc. and GTE Agency, LLC dba Global Talent Entertainment to provide entertainment promoter services for an aggregate amount not -to -exceed $300,000 annually for a three-year term beginning April 15, 2025 through April 14, 2028, and an additional $600,000 for two, 1-year extensions, for a total aggregate agreement amount not to exceed $1,500,000 (Agreement Nos. A- 2025-041 and A-2025-042). Vendor Location ARAS Enterprises, Inc. Whittier, CA Global Talent Entertainment Long Beach, CA 17.Agreements with CWF Inc., DBA Al Event and Party Rental, and Cook Event Services, Inc., DBA Baker Party Rentals, for Rental Equipment Services (Specification No. 25-004) (General Fund) Department(s): Parks, Recreation, and Community Services CITY COUNCIL 9 APRIL 15. 2025 City Council 6-9 5/6/2025 Recommended Action: Authorize the City Manager to execute agreements with CWF Inc., DBA Al Event and Party Rental, and Cook Event Services, Inc., DBA Baker Party Rentals, to provide rental equipment services in an amount not to exceed $1,250,000, for a term beginning April 15, 2025 and expiring April 14, 2028, with provisions for two, one-year extensions (Agreement Nos. A-2025-043 and A- 2025-044). 18.Agreements with Stage Plus Inc. and Advantage Event Solutions, LLC for Stage Services (Specification No. 25-008) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute agreements with Stage Plus Inc. and Advantage Event Solutions, LLC to provide stage services in an amount not to exceed $750,000 for a term beginning April 15, 2025 and expiring April 14, 2028, with provisions for two, one-year extensions (Agreement Nos. A- 2025-045 and A-2025-046). AGENDA ITEM NO. 19 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 19. Memorandum of Understanding with the Southern California Association of Governments, Charitable Ventures, and The Kennedy Commission for a Sustainable Communities Program — Civic Engagement, Equity, and Environmental Justice Grant to Fund Supplemental Community Engagement for the Comprehensive Zoning Code Update Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to make all conforming edits and execute a Memorandum of Understanding (MOU) with the Southern California Association of Governments (SCAG), Charitable Ventures, and The Kennedy Commission for a Sustainable Communities Program — Civic Engagement, Equity, and Environmental Justice Grant to fund supplemental community engagement for the comprehensive Zoning Code Update for a term ending June 30, 2026 (Agreement No. A-2025-XXX). MINUTES: Councilmember Phan recused herself from Agenda Item No. 19 as one of the listed entities, Charitable Ventures, is a client of her employer, Rutan and Tucker and left the dais at 7:43 P.M. Councilmember Bacerra spoke in opposition to the item. MOTION: Councilmember Bacerra moved to not approve the recommended action for Item No. 19. MINUTES: Motion died due to lack of a second. CITY COUNCIL 10 APRIL 15. 2025 City Council 6 — 10 5/6/2025 Mayor Amezcua expressed concern regarding the organizations involved and the political nature and requested additional information within 30 days. MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 19, seconded by Councilmember Hernandez. MINUTES: Councilmember Lopez spoke in support of the item. Councilmember Bacerra stated the organizations are not well -versed with the zoning code. Mayor Amezcua asked how staff selected the organizations for this project, stated the Council will be closely monitoring how the funding will be used, and asked how much HUD funding the City receives. She requested clarification regarding the impacts of losing HUD funding. City Manager Alvaro Nunez reported the City receives approximately $54 million in HUD funding and discussed the consequences of its potential loss. Acting Executive Director of Planning and Building Ali Pezeshkpour spoke regarding the background and selection process of the organizations and stated there is negligible impact on City staff. Councilmember Lopez spoke of the positive impacts to the community and thanked staff for their hard work. Mayor Pro Tem Vazquez spoke in support of the item. MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 19, seconded by Councilmember Hernandez. The motion failed, 3-3-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 3 — 3 — 1 - Fail MINUTES: Councilmember Phan returned to the dais at 8:07 P.M. CITY COUNCIL 11 APRIL 15. 2025 City Council 6 —11 5/6/2025 20.Agreements with Abajian Enterprise DBA SoCal Removal, Integrated Demolition and Remediation, Inc., Interior Demolition, Inc., and J&G Industries Inc. for Citywide On -Call Demolition Services for Abatement (Specification No. 25-027) (Non -General Fund) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute agreements with Abajian Enterprise DBA SoCal Removal, Integrated Demolition and Remediation Inc., Interior Demolition, Inc., and J&G Industries Inc. to provide citywide on -call demolition services for abatement in an aggregate amount not to exceed $600,000, for a term beginning April 16, 2025 and expiring April 15, 2028, with provisions for two, one-year extensions (Core Agreement No. A-2025-047). 21.Approve Memorandum of Understanding Accepting the FY 2024 Edward Byrne Memorial Justice Assistance Grant (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriff's Department accepting the 2024 Edward Byrne Memorial Justice Assistance Grant in the amount of $89,555 (Agreement No. A-2025-048). 22. License Agreement Amendment with ProCore Technologies, Inc. for Construction Project Management Software (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to license agreement with ProCore Technologies, Inc., increasing the compensation by $55,000, including a $12,928 contingency, for a total amount not to exceed $305,000 for the entire length of the agreement, and extend the agreement term until September 16, 2025 (Agreement No. A-2025-049). AGENDA ITEM NO. 23 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 23. Resolution of Intention to Renew the Santa Ana Tourism Marketing District Department(s): Community Development Agency Recommended Action: 1. Adopt a Resolution of Intention to renew the Santa Ana Tourism Marketing District (SATMD) and the levy of assessments on lodging businesses. CITY COUNCIL 12 APRIL 15. 2025 City Council 6 — 12 5/6/2025 RESOLUTION NO. 2025-011 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO RENEW THE SANTA ANA TOURISM MARKETING DISTRICT ("SATMD") AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 2. Establish a time and place for a public meeting to be held by the City Council on June 3, 2025 to hear and consider all protests. 3. Establish a time and place for a Public Hearing to be held by the City Council on July 1, 2025 regarding the proposed renewal of the Santa Ana Tourism Marketing District. 4. Receive and File 2024 Travel Santa Ana Annual Report. MINUTES: Councilmember Penaloza spoke in support of the item and inquired about future amendments to the renewal. Deputy City Manager Sylvia Vazquez answered the councilmember's questions and provide clarification. Mayor Amezcua requested City Manager staff provide clarification regarding the Santa Ana Tourism Marketing District renewal of 10 years instead of five years. Councilmember Bacerra spoke in support of the item and stated the industry standard for similar programs renewals is 10 years. Councilmember Lopez spoke in support of the item. City Manager Alvaro Nunez clarified that although the 10 year renewal is the industry standard, the first five years are proof of concept and the other years allow for growth. Wendy Haase, Travel Santa Ana, provided a brief description as to why tourism renewals are 10 years and various examples. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 23, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass CITY COUNCIL 13 APRIL 15. 2025 City Council 6 — 13 5/6/2025 AGENDA ITEM NO. 24 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 24. Density Bonus Agreement No. 2025-01 to Facilitate the Construction of a Multi -Family Residential Development, Which Includes 80 Townhome Units and Six Duplexes (86 Total Units), With Five Units Designated as Affordable to Very Low -Income Households Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving Density Bonus No. 2025-01 as conditioned; RESOLUTION NO. 2025-012 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2025-01 FOR AN EIGHTY-SIX UNIT MULTI -FAMILY DEVELOPMENT LOCATED AT 2020 EAST FIRST STREET (APN: 402-191- 03) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under Section 15168 (Program EIR); and 3. Authorize the City Manager to execute a Density Bonus Agreement with MLC Holdings Inc./Meritage Homes, for a 55-year term, for a for -sale residential development consisting of an 86 unit multi -family development, with five units designated as affordable to very low-income households at 2020 E. First Street (Agreement No. A-2025-050). MINUTES: Councilmember Bacerra announced a recusal from Item No. 24 due to a potential financial issue and left the dais at 8:14 P.M. Councilmember Lopez spoke in support of the item and thanked the applicant and staff for their hard work. She highlighted the importance of onsite affordable housing. Councilmember Hernandez spoke in support of the item. Councilmember Phan spoke in support of the item and the importance of onsite affordable housing. CITY COUNCIL 14 APRIL 15. 2025 City Council 6 — 14 5/6/2025 MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 24, seconded by Councilmember Hernandez. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER BACERRA (recusal) ABSENT: NONE Status: 6 — 0 — 1 — Pass MINUTES: Councilmember Bacerra returned to the dais at 8:16 P.M. 25.Second Reading of the Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code Including Meeting Frequency for the Personnel Board, Contracting Authority for the City Clerk and City Attorney, and Relying on State Law Regarding Campaign Contributions Effect on Proceedings Involving a License, Permit, or other Entitlement for Use First Reading at the April 1, 2025, City Council meeting and approved by a vote of 6-0-0-1 (Councilmember Phan absent). Published in the OC Reporter on April 2, 2025. Department(s): City Attorney's Office Recommended Action: Approve the Second reading and adopt an Ordinance of the City Council of the City of Santa Ana amending Chapter 2 of the Santa Ana Municipal Code as to Section 2-328 Regarding Meetings; Chairperson and Recording Secretary of Appointive Boards and Commissions, Adding Section 2- 331.5 Regarding Meetings of the Personnel Board, Amending the Title of Article VII of Chapter 2, Amending Section 2-748 Regarding City Manager Contracting Authority, Adding Section 2-748 Regarding City Attorney and City Clerk Contracting Authority, and Repealing Section 2-107 Regarding Prohibited Campaign Contributions. ORDINANCE NO. NS-3078 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE AS TO SECTION 2-328 REGARDING MEETINGS; CHAIRPERSON AND RECORDING SECRETARY OF APPOINTIVE BOARDS AND COMMISSIONS, ADDING SECTION 2-331.5 ENTITLED MEETINGS, AMENDING THE TITLE OF ARTICLE VII OF CHAPTER 2, AMENDING SECTION 2-748 REGARDING CITY MANAGER CONTRACTING AUTHORITY, ADDING SECTION 2-749 REGARDING CITY ATTORNEY AND CITY CLERK CONTRACTING AUTHORITY, AND REPEALING SECTION 2-107 REGARDING PROHIBITED CAMPAIGN CONTRIBUTIONS CITY COUNCIL 15 APRIL 15. 2025 City Council 6 — 15 5/6/2025 *END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. AGENDA ITEM NO. 26 WAS CONTINUED TO THE MAY 6, 2025 CITY COUNCIL MEETING 26. Final Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 (SD-84), Also Known as the Transit Zoning Code ("TZC") for Up To One Year (12 Months) Pursuant to Government Code Section 65858(a) Legal notice published in the OC Reporter on March 19, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Adopt an urgency ordinance approving a final extension of a moratorium for a period of up to one year 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 up to one year (12 months), unless automatically repealed upon the adoption and effectiveness of a City -Council adopted ordinance to address the land use conflicts presented by industrial uses in the TZC. 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 ONE (1) YEAR 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. CITY COUNCIL 16 APRIL 15. 2025 City Council 6 — 16 5/6/2025 MINUTES: Councilmember Phan recused herself on the advice of counsel and left the dais at 8:17 P.M. Councilmember Lopez recused herself from the item, pending the receipt of a clearance letter from the Fair Political Practices Commission (FPPC) and left the dais at 8:18 P.M. Councilmember Penaloza recused himself from the item due to a potential conflict of interest related to a residential lease, pending a clearance letter from the FPPC at 8:18 P.M. City Attorney Sonia Carvalho stated that the FPPC letters are expected to be received by April 30, 2025 and announced that the item requires a four -fifths vote. Mayor Amezcua announced that the item would be continued. City Clerk Jennifer L. Hall announced Item No. 26 would not be considered or heard due to a lack of qualified voters. City Attorney Carvalho stated that without Council action the moratorium will expire until the overall ordinance is brought back. **END OF PUBLIC HEARINGS** MINUTES: Councilmembers Lopez, Penaloza, and Phan returned to the dais at 8:21 P. M. COUNCILMEMBER REQUESTED ITEMS 27. Discuss and Consider Directing the City Manager to Prepare an Ordinance to Address Challenges Associated with Sober Living Homes in Santa Ana — Mayor Amezcua, Councilmember Penaloza, Councilmember Bacerra MINUTES: Mayor Amezcua spoke regarding the impacts of sober living homes to the community and in support of the item. Councilmember Bacerra spoke in support of sober living homes, spoke regarding the sober living task force, and thanked those who have been fighting the battle over the years. Councilmember Penaloza thanked those who have been fighting the battle over the years, spoke regarding the impacts to cities and the sober living task force, and spoke in support of the item. Councilmember Phan spoke in support of the item and requested a cost recovery and associated fines with the item. CITY COUNCIL 17 APRIL 15. 2025 City Council 6 — 17 5/6/2025 Councilmember Lopez expressed support for the item. Councilmember Hernandez expressed support for the item. Mayor Pro Tem Vazquez expressed support for the item and spoke regarding the impacts to the community. 28. Discuss and Consider Directing the City Manager to Prepare a Resolution in Support of Senate Bill 569 (Blakespear) — Councilmember Lopez MINUTES: Councilmember Lopez provided a brief summary of the item and spoke in support of the item. Councilmember Bacerra spoke regarding the role and duties of CalTrans regarding debris and encampments and state legislators, and spoke in opposition to the item. City Manager Alvaro Nunez spoke regarding SB569. Councilmember Hernandez spoke in support of the item. Mayor Pro Tem Vazquez spoke regarding having a joint action plan and in support of the item. Mayor Amezcua spoke in support of the item. Councilmember Phan spoke in support of the item and requested a letter be submitted for amendments in section 14193 subdivision A. Councilmember Bacerra expressed support for the item with recommended amendments. Councilmember Penaloza expressed support for the submittal of the letter and spoke regarding addressing potential homelessness bills. 29. Discuss and Consider Directing the City Manager to Prepare a Resolution in Support of Senate Bill 28-The Proposition 36 Treatment Court Implementation Act and Senate Bill 38-Funding for Diversion Treatment — Councilmember Bacerra, Mayor Amezcua, Councilmember Penaloza MINUTES: Councilmember Bacerra provided a brief summary of the item and spoke in support of the item. Councilmember Hernandez spoke in support of the item. Mayor Amezcua spoke in support of the item. She requested the City Manager's Office provide a package of the upcoming Senate Bills. Mayor Pro Tem Vazquez spoke in support of the item. CITY COUNCIL 18 APRIL 15. 2025 City Council 6 — 18 5/6/2025 Councilmember Phan spoke in support of the item. Councilmember Penaloza spoke in support of the item. CITY MANAGER COMMENTS MINUTES: Councilmember Hernandez left the meeting at 8:56 P.M. City Manager Alvaro Nunez announced the Arbor Day tree planting event on April 19, 2025 at various City parks; a job fair hosted by the Santa Ana Work Center in partnership with Santa Ana College on Thursday, April 24, 2025, from 11:00 A.M. to 2:00 P.M.; a second job fair hosted by the Parks and Recreation Department on Thursday, April 24, 2025, at City Hall, from 1:00 P.M. to 5:00 P.M.; the Dia de Los Ninos event on Saturday, April 26, 2025, at the Plaza of the Sun near City Hall; a free compost giveaway event hosted by the Public Works Agency on Saturday, April 26, 2025, from 7:00 A.M. to 12:00 P.M. at Centennial Park; and the Brew at the Zoo fundraiser hosted by the Parks and Recreation Department on Saturday, May 10, 2025, from 5:00 P.M. to 8:00 P.M. He reminded everyone to register for the Fun Run on Saturday, May 17, 2025, at 8:00 A.M. and to participate in the budget survey. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Lopez announced the tree planting event on Saturday, April 19, 2025, at 10:00 A.M. at Cabrillo Park and the Dia de Los Ninos event on Saturday, April 26, 2025, at the Plaza of the Sun near City Hall. She wished everyone a Happy Easter. Councilmember Phan congratulated Parks and Recreation Employee of the Year, Corilyn Lantz; invited everyone to attend Brew at the Zoo on Saturday, May 10, 2025, from 5:00 P.M. to 8:00 P.M.; spoke regarding Black April, the 50t" Anniversary of the Fall of Saigon; encouraged everyone to participate in Denim Day on April 30, 2025; and wished everyone a Happy Easter. Councilmember Bacerra thanked the Santa Ana Police Department and Orange County Fire Authority dispatchers in honor of National Safety and Telecommunicators Week. He announced his community office hours on May 3, 2025 at 10:00 A.M. at Lillie King Park; and a tree planting event on Saturday, April 19, 2025, at Thornton Park. He expressed his condolences to the families who lost their loved ones in the recent car accident. He spoke of the loss and legacy of Ed Arnold and requested that the meeting be adjourned in honor of the five car accident victims and Ed Arnold. Councilmember Penaloza thanked Councilmember Bacerra for his kind words and expressed condolences to the families affected by the tragic car accident. CITY COUNCIL 19 APRIL 15. 2025 City Council 6-19 5/6/2025 Mayor Pro Tem Vazquez expressed condolences to the families affected by the recent car accident and thanked the first responders who assisted at the accident scene. He thanked the Valley High School administration and staff for their support. Mayor Amezcua spoke regarding Senate Bill 634. She expressed her condolences to the families of the accident victims and provided fundraising information for the families. She thanked the first responders in the City. ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in honor of Arely Robles, Natalia Vidal Zarate, Jacqueline Torres Zarate, Cynthia Torres Zarate, Emanuel Gonzalez Martinez, and Ed Arnold, at 9:24 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk CITY COUNCIL 20 APRIL 15 2025 City Council 6 — 20 5/6/2025 Planning and Building Agency www.santa-ana.org/pb Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: 2024 General Plan Annual Progress Report AGENDA TITLE City of Santa Ana 2024 General Plan Annual Progress Report. RECOMMENDED ACTIONS 1. Receive and file the City of Santa Ana 2024 General Plan Annual Progress Report; and 2. Authorize staff to submit the City of Santa Ana 2024 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Government Code Section 65400 requires local planning agencies to submit an annual progress report on the status of the General Plan and Housing Element and progress in their implementation to the local legislative body. The progress report is submitted to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) annually. The General Plan is a state -mandated document, which plans the framework for the City of Santa Ana's physical, social, and economic development. The current General Plan Annual Progress Report for the calendar year 2024 documents and discusses the progress towards the overall implementation of the various adopted elements of the General Plan during the calendar year. This is the third General Plan Annual Progress Report prepared under the 2022 General Plan. The report includes highlights of major accomplishments and a table detailing the work completed by various City agencies toward completing the implementation actions across all General Plan elements in 2024 (Exhibit 1). City Council 7-1 5/6/2025 2024 General Plan Annual Progress Report May 6, 2025 Page 2 General Plan Significant progress is underway in implementing the General Plan. As detailed in the City of Santa Ana 2024 General Plan Annual Progress Report (Exhibit 1), highlights include: • The Santa Ana City Council adoption of the largest and most expensive mixed - use, master planned development in the City's history, the 41-acre, $2.9 billion Related Bristol Specific Plan. The plan includes up to 3,750 residential units and 200 senior living units. • The completion of Round 1 stakeholder engagement for the Comprehensive Zoning Code Update from Spring to Fall 2024. Round 1 consisted of community stakeholder interviews, six community workshops, and two business community workshops. Through the outreach, the City reached over 30,000 residents, property owners, business owners, and developers. The ongoing effort also includes analysis of existing regulations and identification of opportunities to modernize all aspects of the City's Zoning Code. • The formation of the Environmental Justice Action Committee comprised of five residents representing each of the Environmental Justice (EJ) clusters and two representatives of Community -Based Organizations who advocate for Environmental Justice. • The launch of PBx, short for Planning and Building Express. The same -day permit service is available for certain residential and commercial projects and was awarded a Turning Red Tape into Red Carpet Award by the Orange County Business Council. As part of the PBx same -day express services, the Planning and Building Agency has expanded over-the-counter plan review services to include Accessory Dwelling Units (ADUs). In addition, the agency offers seven - days -or -less ADU permitting when applicants utilize City -owned standard sets. • The opening of the new Gerardo Mouet Park in Cornerstone Village, addressing the longstanding underdevelopment of parks/open space. • The initiation of $19.3 million in renovations to and restoration of the Main Library, which will transform the public resources into a modern space design to serve the community's 21st-Century needs. Exhibit 1 details additional accomplishments and highlights on 230 actions completed or currently in progress. Housing Element As required by HCD, the Housing Element Annual Progress Report includes detailed accounting of all housing projects submitted, reviewed, entitled, and constructed in the City Council 7-2 5/6/2025 2024 General Plan Annual Progress Report May 6, 2025 Page 3 City of Santa Ana in 2024, in addition to the status of the implementation actions and programs to achieve the City's housing vision in the state mandated form. The Housing Element Annual Progress Report also measures the City's progress to meet state -mandated housing goals as set forth in our Regional Housing Needs Allocation (RHNA) for the 6th cycle planning period (2021-2029). Through a process referred to as "RHNA," each jurisdiction is given a target for how many permits to issue in four housing income categories ranging from very —low income (affordable to those who earn 50% or less of the Area Median Income [AMI]), to above moderate income (more than 120% of AMI). Based on the income limits published by State HCD in May of 2024, the Area Median Income for Orange County is $129,000. The Housing Element portion of the report includes a summary of Santa Ana's progress in meeting its share of the RHNA allocation for the 6th cycle. There were a total of 262 building permits issued for new housing units in 2024, of which 48 housing units are affordable to very low-income and 81 to low-income households, respectively. With the issuance of these permits, the City has issued 4,439 building permits during the 6th cycle planning period, exceeding its total allocation of 3,137 by 1,302 (142%). Progress Towards 2021-2029 RHNA Goal (New Housing Units by Category and Year) Total Total Units %of RHNA Income RHNA 2021 2022 2023 2024 2025 2026 2027 2028 2029 Units Remaining Completed Very Low 606 41 191 64 48 344 262 57% Low 362 43 102 1 113 81 339 23 94% Mod. 545 11 41 84 65 201 1 344 37% Above Mod. 1,624 639 567 2,281 68 3,555 (1,931) 219% Total: 3,1371 ,137 734 1 901 2,542 262 4,439 (1,302) 142% Based on building permits issued. Parenthesis used to show number of units issued permits in excess of RHNA goal. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT 1. 2024 General Plan Annual Progress Report and Attachments City Council 7-3 5/6/2025 2024 General Plan Annual Progress Report May 6, 2025 Page 4 Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency Approved By: Alvaro Nunez, City Manager City Council 7-4 5/6/2025 �p pmoh" '20 KW IA dius " 4WO7��L r General Plan Annual Progress Santa Ana is a city that promotes the health and wellness of all residents, with a civic culture that actively embraces the power of diversity. Our city invests in resources that create economic opportunities for the next generation, and it is a community that celebrates our past while working together to create a sustainable future. City Council 7-6 »Above: General P*VW025atement. Contents GeneralPlan Overview...................................................................................................1 Golden City Beyond: A Shared Vision.............................................................................1 General Plan Annual Progress Report............................................................................1 Implementation Highlight Section....................................................................................3 HousingProduction......................................................................................................5 Regional Housing Needs Allocation..........................................................................5 • Permits Issued...................................................................................................5 • Housing Development Highlights.......................................................................6 • Related Bristol Specific Plan..............................................................................7 • ADU Production.................................................................................................8 • PBx Express Construction Permit Service.........................................................9 • Local Resident Preference Ordinance...............................................................9 Land Use Focus Areas.............................................................................................. 10 • Comprehensive Zoning Code Update.............................................................. 11 • Public Realm Plans.......................................................................................... 13 EnvironmentalJustice................................................................................................ 15 Environmental Justice in the General Plan............................................................. 15 Commitment to Addressing EJ Issues.................................................................... 15 • Trainings.......................................................................................................... 15 • Resource Allocation......................................................................................... 15 • Implementing the Noxious Uses Ordinance..................................................... 16 • Resident Empowerment................................................................................... 16 • Data Transparency........................................................................................... 16 • Community Engagement.................................................................................. 16 • Working with Regulatory Agencies................................................................... 16 LocalBusinesses....................................................................................................... 17 • Business Tax Holiday....................................................................................... 18 • Santa Ana Youth Employment Program.......................................................... 18 • Homeownership Fair........................................................................................ 19 • ROVE Electric Charging Station....................................................................... 19 City Council 7-7 5/6/2025 Parks and Public Spaces........................................................................................... 21 • George Upton All Access Park......................................................................... 21 • Gerardo Mouet Park......................................................................................... 21 • Main Library Renovations................................................................................ 22 Healthy Neighborhood Initiatives............................................................................... 23 • Willard Neighborhood Crosswalk..................................................................... 24 • La Artista Artesia Pilar Park............................................................................. 24 • Santa Ana Boulevard Grade Separation Project .............................................. 25 Attachment A — General Plan Implementation Actions.................................................A-1 Attachment B — Housing Element Annual Progress Report.........................................B-1 Attachment C — Housing Successor Annual Report .................................................... C-1 City Council 7-8 5/6/2025 General Plan Overview The Santa Ana General Plan provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the city through 2045. Informed by a comprehensive public engagement process, the General Plan establishes a shared vision of the community's aspirations to remain and thrive as the world -class capital of Orange County that celebrates diversity, neighborhoods, and cultural heritage. Golden City R-yond: A Shared Vision The Golden City Beyond General Plan was approved by the City Council in April of 2022. The General Plan consists of a vision statement and 12 elements divided into three volumes. Each element contains a set of goals and policies, which are underpinned by five "Core Values." The Core Values were collectively created through the community engagement phase of the General Plan Update and reflect the community's highest priorities and guiding principles. They are: Health, Equity, Sustainability, Culture, and Education. Each element also contains an implementation section that provides a list, organized by goal, of the actions to take place in the next one to five years to make progress toward achieving the plan's vision. These implementation actions provide the basis for establishing priorities, scheduling, and assigning staff and other resources. Implementation actions also identify the responsible agency for implementing the action item and when it should be carried out. Implementation is often contingent upon available resources and funding. While many actions can be pursued through initiatives already underway, others will require additional resources. As such, the exact mix and timing of programs the City may pursue during a given calendar year will in part be opportunity - driven, dependent on the availability of funding, staffing, and other necessary resources. State law enacted through Senate Bill 1000 (2016) requires all cities and counties to update public policies to address environmental justice (EJ). The City addressed SB 1000 requirements in the General Plan through an "environmental justice in all policies" approach instead of a stand-alone element to ensure the topic is present alongside the multitude of issues and topics that affect Santa Ana communities. General Plan Annual Progress Report General Plan Land Use Element Implementation Action 2.2 requires the Planning and Building Agency to prepare a General Plan Annual Progress Report for the City Council. Additionally, Government Code Section 65400 requires local planning agencies to submit an annual progress report on the status of the General Plan and progress in its implementation to the local legislative body. The progress report is then submitted to the State of California Department of Housing and Community Development (HCD) and to the Office of Planning and Research (OPR) annually. The following pages highlight major accomplishments during the 2024 reporting period as well as summaries of work completed toward the entirety of implementation actions across the General Plan (Attachment A). The Housing Element Annual Progress Report 1 City Council 7-9 5/6/2025 portion of this report is prepared as a separate document (Attachment B). It contains the state -mandated content and is presented in the state -mandated format. The Housing Successor Annual Report is also prepared as separate document and is attached for reference (Attachment C). ION City Council 7 — 10 5/6/2025 -0a — dML . ,4 Li ylllHui JIM°- w � j ?- = Implementation Highlight Section ll 4 } 0 I f� � T . �� •.po 1 � t IMPLEMENTATION ACTIONS Housing Production ■ I Housing Production Santa Ana faces issues such as adapting to changing housing market conditions, meeting state -mandated regional housing needs and goals, furthering quality housing and neighborhoods, accommodating social and economic diversity, assisting residents with special housing needs, and supporting the City's long-term economic development. The Housing Element establishes a vision, goals, policies, and programs to address these issues. This section highlights the various efforts completed in 2024 toward realizing those goals and implementing the listed programs and actions. The complete Housing Element Annual Progress Report is organized as a separate document (Attachment 13) with the required data and in the format required by state law. Regional Housing Needs Allocation The City's regional housing needs allocation (RHNA), determined by the Southern California Association of Governments (SCAG), is 3,137 housing units for the 6t" cycle 2021-2029 planning period. Within this housing goal, the City is required to plan for four income and affordability goals: very low, low, moderate, and above moderate. The City's RHNA by affordability level is 606 units of housing affordable to very low-income households, 362 units of housing affordable to low-income households, 545 units of housing affordable to moderate -income households, and 1,624 units of housing affordable to above -moderate income households. There were a total of 262 building permits issued for new housing units in Santa Ana in 2024, of which 48 housing units are affordable to very low-income and 81 to low-income households, respectively. With the issuance of these permits, the City is on pace to substantially exceed its RHNA in all unit categories by the end of the planning period. Progress Towards 2021-2029 RHNA Goal (New Housing Units by Category and Year) Total Total Units % of RHNA Income RHNA 2021 2022 2023 2024 2025 2026 2027 2028 2029 Units Remaining Completed Very 606 41 191 64 48 344 262 57% Low Low 362 43 102 113 81 339 23 94% Mod. 545 11 41 84 65 201 344 37% Above 1,624 639 567 2,281 68 3,555 (1,931) 219% Mod. Total: 3,137 734 901 2,542 262 1 1 1 1 4,439 1 (1,302) 1 142% Based on building permits issued. Parentheses are used to show the number of units developed in excess of the RHNA goal. 5 City Council 7 — 13 5/6/2025 The following are three examples of housing developments that address the various housing challenges and needs facing the Santa Ana community: Estrella Springs offers permanent supportive housing with services for veterans experiencing homelessness and those living with a mental health diagnosis who earn up to 30% of the area median income (AMI). Previously a Budget Inn motel, this development now provides 89 fully furnished studio apartments. The City of Santa Ana contributed $1.7 million in CDBG funds from HUD, along with a total of 89 project -based vouchers, including 34 HUD-VASH vouchers for veterans experiencing homelessness. Jamboree Housing and Santa Ana hosted a Grand Opening Ceremony on November 13, 2024. Habitat for Humanity of Orange County was awarded $2.2 million in Inclusionary Housing Funds to construct three residential buildings that would provide six affordable for - sale housing units on a vacant lot formerly improved with two duplexes. All six units will contain three bedrooms, a living room, a kitchen, and an attached two -car garage. All units will be sold to families who earn up to 80% of the area median income (AMI) ground on the new project. »Above: Picture of the front entrance to Estrella Springs. »Above: Rendering of one of the proposed buildings. On July 27, 2024, Habitat for Humanity broke Washington Santa Ana Housing Partners were issued permits in 2022 to construct a new, four -level, 86-unit affordable residential community with a 1,060-square-foot commercial space, as well as amenities, 120 parking spaces, and landscaping. The City provided $4.6 million in financial assistance to the project. The project consists of 42 three- and X City Council 7 — 14 5/6/2025 four -bedroom units for large families and 43 one- and two -bedroom units. A total of 85 units are for extremely low- income households earning 30 percent or less of AM I. The project was developed on a site with split ownership between the City and County of Orange and was officially completed in 2024 and fully occupied as of October 2024. »Above: Picture of the front entrance to Crossroads at Washington. The Santa Ana City Council on October 15, 2024 unanimously approved the largest and highest -valued mixed -use, master -planned development in the City's history, the 41-acre, $2.9 billion Related Bristol Specific Plan. The project by Related California is located near South Coast Plaza along a major business corridor in an area bordered by South Bristol Street, South Plaza Drive, West MacArthur Boulevard, and Sunflower Avenue. The Related Bristol Specific Plan includes up to 3,750 residential units, 200 senior living units, a 250-room hotel, and 350,000 square feet of commercial space. It will also feature approximately 13.1 acres of publicly accessible open space, including parks, plazas, walkways, and other green spaces. Work on Related Bristol is expected to begin in 2026 and to be completed in three phases, with the entire development finished in 2036. »Above: Rendering of Related Bristol Specific Plan. 7 City Council 7 — 15 5/6/2025 As part of the Housing Element Update, the City surveyed the type and location of ADUs to understand the demand for housing. A majority of ADUs were detached products built in the Single -Family Residence (R1) zoning district. Moreover, SCAG surveyed ADUs across the region to gather rent and affordability data for different income groups. The survey found that 25 percent were affordable to very low-income households, 43 percent to low-income households, and 30 percent to moderate -income households. This demonstrates that affordable units are being constructed throughout the region and city, from lower- to higher- income areas, furthering fair housing. Based on the findings of the survey, HCD certified the use of SCAG's percentage -based methodology for categorizing affordability levels for non -deed -restricted ADUs for all jurisdictions in the SCAG region. In 2024, the following number of ADU applications were submitted': 1N to A n u In 2024, the following number of ADU permits were issued': n u In 2024, the following number of ADUs were built': n u 3l 60 55 Very Low -Income Low -Income ModerateI 5 157 Above Moderate Built 1 SCAG methodology used to determine ADU affordability levels. The total sum of applications received, permits issued, and units built includes all affordable units and units that were designated as market -rate. City Council 7 — 16 5/6/2025 OVPBx Express Construction Permit Service The City launched PBx, which is short for Planning and le yC Building Express, in August of 2024. The same -day express permit service is available for certain residential and commercial projects. The program also P X includes a new over-the-counter Planning review of SAME -DAY EXPRESS PERMIT ADUs and a new seven -day -or -less ADU review and permitting program. The seven -day -or -less ADU program utilizes City -owned standard sets of plans 2 that have been available since 2023. A total of ten plan "Above: PBx branding. sets in various architectural styles are available for the public's use. The service was received a Turning Red Tape into Red Carpet Award from the Orange County Business Council. Pursuant to Government Code § 7061.1, on July 18, 2024, the City adopted a Local Resident Preference Ordinance. In addition, the Housing Division created a webpage and posted the ordinance on the City's website. The ordinance may be found at: https://www.santa-ana.orq/documents/local-resident-preference-ordinance/. er City Council 7 — 17 5/6/2025 A ti City Council 7 — 18 5/6/2025 Land Use Focus Areas The development, use, and distribution of land are critical to achieving the City's vision and adhering to its core values. The City must plan for uses and development that create a sustainable, healthy, and livable city; ensure equitable outcomes and land use distributions; protect and enhance our cultural and community assets; and provide opportunities for growth and prosperity. Land is a finite and valuable resource, especially in Santa Ana; its use dictates the City's economic and fiscal future. Overarching Growth Strategy The City's growth strategy, documented in the General Plan, concentrates new growth opportunities into key parts of the city while maintaining and enhancing its existing neighborhoods, employment centers, and intact industrial centers. The General Plan identifies five Focus Areas suitable for new growth and development. They are as follows: • South Main Street • 55 Freeway/Dyer Road • Grand Avenue/17th Street • South Bristol Street • West Santa Ana Boulevard The Focus Areas are geographically distributed throughout the city, and each allows Santa Ana to meet its diverse needs in different ways. The purpose and intent, specific objectives, and custom land use types of urban development are to reimagine these areas, realize the community's vision, and further embody Santa Ana's core values. It is important to note that the five Focus Areas outlined in the General Plan are not the only locations slated for significant new development in Santa Ana. Existing mixed -use zoning districts like the Metro East Mixed Use (MEMU) overlay zone, Specific Plan No. 2 (Harbor Mixed Use Transit Corridor Specific Plan), Specific Plan No. 4 (MainPlace Specific Plan), Specific Development No. 43 (MacArthur Place District Center), Specific Development No. 76 (Hutton Centre Mixed Use Specific Development District), and the Specific Development No. 84 (SD-84/Transit Zoning Code) already permit substantial growth and offer diverse development opportunities throughout the city, complementing the targeted growth within the identified Focus Areas. OVComprehensive Zoning Code Update Santa Ana's Zoning Code, which defines and regulates land use, density, building characteristics, and other development aspects for specific areas, dates to the 1960s, and while many amendments have been made over the years to address emerging land use trends and ever -evolving state laws, the code remains rooted in the past, both in terms of structure and content. The General Plan includes extensive lists of implementation measures that identify specific programs, actions, and time frames the City will undertake to implement General Plan goals and policies. To effectuate many of these programs and actions, the City needs to comprehensively amend the Zoning Code. 11 City Council 7 — 19 5/6/2025 The City entered into an agreement with the planning consulting firm Moore, lacofano, Goltsman, Inc. (MIG) in October of 2023 to assist with comprehensively updating and modernizing all aspects of the City's Zoning Code. The update will also include retooling and updating development practices and processes. From spring to fall of 2024, the City of Santa Ana completed round one of community engagement, an integral part of the City's Zoning Code Update process. Round 1 consisted of stakeholder interviews, a Community Planning Collaborative training, six community workshops, and two business community workshops. Through the outreach, the City made contact with over 30,000 residents, property owners, and business owners. Continued engagement with the community is planned, which will include two more rounds of stakeholder workshops. During the second round of workshops, participants will have the opportunity to review preliminary draft recommendations for new zoning districts, permitted uses, standards, and application processes. During the third round of workshops, the project team will present the draft Comprehensive Zoning Code Update prior to the formal public hearing portion of the decision -making process. »Below: Top Left: Photo of the group from the Community Planning Collaborative on June 13, 2024. Bottom Left: Photo from community workshop at El Salvador Community Center. Top Right: Photo from community workshop at McFadden Institute of Technology. Bottom Right: Photo from community workshop at The Village on 17th --------- , 12 City Council 7 — 20 5/6/2025 The City of Santa Ana entered into an agreement with Torti Gallas + Partners in March 2024 and kicked -off the development of five public realm plans, one for each of the Focus Areas. The creation of public realm plans for the Focus Areas aims to streamline development by establishing clear, environmentally and economically sustainable, and easily understandable standards for developers. This initiative, building upon the General Plan, will provide the necessary detailed framework for implementation, ultimately cutting burdensome regulations and processes, and fostering the development of complete, walkable, and healthy communities with a distinct sense of place. »Above: Draft rendering of public realm interface with potential new development in the 17th & Grand Focus Area. 13 City Council 7 — 21 5/6/2025 City Council 7 — 22 5/6/2025 Environmental Justice The General Plan's Core Values reinforce the City's commitment to enabling all persons to enjoy equal access to healthy environments, healthy foods, parks and recreational facilities, and civic engagement opportunities. However, the City recognizes that throughout its communities, some bear a disproportionate burden of pollution and associated health risks. The concept of environmental justice (EJ) seeks to correct this inequity by reducing pollution and increasing public investments in these communities and ensuring their input is considered in decisions that affect them. Environmental Justice in the General Plan An EJ community is an area of the city where residents have the highest risk of exposure to pollution in the air, water, and soil. This pollution may be caused by passing vehicles or by the daily activities of businesses and institutions. Residents in these areas also tend to be burdened by socioeconomic and health issues, such as higher rates of language barriers, poverty, and asthma. Such areas also tend to experience lower rates of investment and improvements from individuals, private companies, and public agencies. Removing and addressing the root causes of EJ concerns in the built environment has been made a high priority by the community and the City Council, especially as experienced by low-income neighborhoods and vulnerable households throughout the city. As such, that commitment has been memorialized in over 150 EJ-focused policies and implementation actions within the City's General Plan. Commitment to Addressing EJ Issues To demonstrate the City's commitment to EJ, the City formed a new section, Neighborhood Initiatives and Environmental Services (NIES), within the Planning and Building Agency at the end of 2022 to focus on supporting Santa Ana's disadvantaged communities through General Plan EJ policy and implementation work. In 2024, the NIES team worked diligently to implement and address the EJ-related actions in the General Plan. NIES's accomplishments for the 2024 calendar year include: G Tram Holding trainings to build the capacity of neighborhood associations and provide them with resources to be more autonomous. Rj Resource Allocation Effectively leveraging community feedback by allocating resources to targeted programs, including expanded lead testing and localized air quality monitoring, through successful grant acquisition and agency partnerships. 15 City Council 7 — 23 5/6/2025 2 ImpLementing the Noxious Uses Ordinance Demonstrating the efficacy of the Noxious Uses Ordinance by denying a service station a Conditional Use Permit application, which prompted other businesses to modify their operations, resulting in reduced environmental risk. 26 :- •-iu•• - iie- Empowering resident leadership by successfully establishing resident representation across all five EJ clusters on the Environmental Justice Action Committee, directly shaping the prioritization of 77 EJ policies through regular engagement. »Above: Photo of the first Environmental Justice Action Committee community meeting. Pioneering data transparency by developing and launching the Environmental Regulated Facilities Map and preparing to deploy air quality sensors, providing residents in the Logan and Lacy neighborhoods with unprecedented access to critical environmental data for informed decision -making. GCommunity Engagement Cultivating deep community engagement by mobilizing hundreds of residents through diverse participation in meetings, educational events, and policy surveys, ensuring environmental concerns are central to public planning initiatives. Maintaining relationships with key regulatory agencies through periodic discussions with staff from offices of state and federal -elected officials to assist with addressing EJ concerns involving state, regional, or federal regulatory agencies (e.g., Department of Toxic Substances Control, South Coast Air Quality Management District, and Environmental Protection Agency). 16 City Council 7 — 24 5/6/2025 Economic Prosperity Located at the center of jobs -rich Orange County, Santa Ana businesses and workforce play an important role in the local and broader regional economy. The City's General Plan aims to maintain, enhance, and expand job opportunities for residents; attract and retain a balance of business types; and contribute to the overall quality of life experienced by the City's residents through increased economic prosperity. The Business License Tax Holiday is a temporary program in place as of January 1, 2023, after being approved on the ballot at the November 8, 2022 General Election. This program authorizes the waiver of (1) prior -year taxes, penalties, and interest due for unlicensed businesses; (2) unpaid current -year penalties and interest assessed upon licensed businesses that owe current year business license taxes; and (3) penalties and interest assessable on underreported or misfiled taxes by licensed businesses that are currently not in compliance with the City's business license tax. The aim of the Tax Holiday Program is to encourage all businesses, that have not yet obtained their required business license, or that owe unpaid, underreported, or misfiled taxes to come forward and fully comply with the City's business license tax requirements. The program was in effect through March 31, 2024. The Santa Ana Youth (SAY) Employment program expanded when approved by the Santa Ana City Council on June 18, 2024. It is funded by a $2 million grant from California Volunteers, part of the State of California Department of General Services. Focus areas of the program include food insecurity, education, public service career exploration, and readiness. Youth participated in Artificial Intelligence (AI) and Science, Technology, Engineering, and Math (STEM) workshops. The program offers comprehensive support, including administrative assistance, fiscal and programmatic oversight, compliance review, progress tracking and reporting, career counseling, case management, and more. Apply Now at Eno ova 9YSAYF-,1.,m .e.d b. wurh »Above: Flyer designed for the SAY Employment Program. in City Council 7 — 26 5/6/2025 On October 23, 2024, the City of Santa Ana held a Vietnamese Business Forum. The Vietnamese Business Forum aimed to foster collaboration, drive economic growth, and create opportunities for Vietnamese business expansion in Santa Ana. Throughout the event, attendees had the opportunity to engage with representatives from the City of Santa Ana's Community Development Agency, Planning and Building Agency, Public Works Agency, Finance and Management Services Agency, and the Police Department. Business owners received guidance on various aspects of business development, permitting processes, zoning, safety measures, and more. OVHomeownership Fair On July 20, 2024, the City partnered with Wells Fargo and the City of Garden Grove to host a homeownership fair at Santa Ana College. About 200 people attended and received resources to help them buy a home. City staff shared information about the My First Home down payment assistance program, which provides 0% interest loans of up to $120,000 to help people buy their first home in Santa Ana. On October 15, 2024, Mayor Valerie Amezcua presented ROVE Electric Charging Station with a Certificate of Recognition during its grand opening celebration. ROVE is an innovative center featuring 40 covered EV charging stations and a ReCharge by Gelson's market where customers can shop while charging their cars. 19 �a \ k NW t rqW Economic Empowerment and Business Development in Santa Ana: €ostenng collaboration, driving econamlc growth, and creoling oppnnunities far Vietnamese businesses I.Mon,-1pm �1 EeWW €ea4nin tydepr.trrwnis wodna.eny, '1-23,2024 W �e�Aa ew +...siorelt...wwv. Sowers Museum � VACOC IIvri f'tlXME1 2oo2 NNain Sti Free odmoim,reMdrnenbb po�kvq Santo Nw, [A 92]a6 �� PeMe pdabgrmneys »Above: Flyer designed for the Vietnamese Business Forum. »Above: Photo of the Homeownership Fair on July 20, 2024. »Above: Photo of the ROVE Grand Opening on October 15, 2024.24. City Council 7 — 27 5/6/2025 144- W11 IMPLEMENTATION ACTIONS � Parks and Public Spaces Parks and Public Spaces Park space is a limited and valuable resource that provides multiple benefits to those living and working in Santa Ana. It provides a place of relaxation and reprieve from the urban environment. It also offers a place to gather, celebrate, learn, or exercise, whether one is alone, with friends or family, or with other members of the community. The City boasts a variety of resources and provides hundreds of acres for public open space and recreation. However, many neighborhoods in the city continue to lack public parks in the amount and proximity needed to adequately service residents. The City's General Plan provides goals and policies to explore ways to provide parkland at a ratio of three acres per 1,000 residents citywide and a more equitable distribution across the many neighborhoods that make up Santa Ana. In addition, public spaces, such as libraries, are vital for community well-being, offering free access to resources, fostering social interaction, and promoting civic engagement, making them essential for learning, connection, and democratic participation. Rj -• •- Upton All A cess Park On April 15, 2024, the City broke ground on the George Upton All Access Park, which will transform the aging playground into an exciting new play area for children of all physical abilities. The park will have playground equipment for children ages 2 through 12, including 10 slides, 9 spinners, 17 climbers, 5 swings, and a seesaw, as well as a shade structure. The project will also resurface and add new lights to the nearby basketball court. The playground opened to the public on March 4, 2025. OV Va 1i . The City of Santa Ana opened Gerardo Mouet Park, named for a former Parks and Recreation director, on Wednesday, December 11, 2024, with a ribbon -cutting ceremony and community celebration. Gerardo Mouet Park is a 1-acre park located at Standard and McFadden avenues that transforms an underutilized lot into a vibrant and inclusive open space designed to serve the needs of Santa Ana's diverse community. 21 »Above: Photo of George Upton All Access Park. GBRAR001VIOUE7 P41tAr r �Ilk. »Above: Photo from the Gerardo Mouet Park Ribbon Cutting. City Council 7 — 29 5/6/2025 In June 2024, the City initiated $19.3 million in renovations to and restoration of the Main Library. The project will transform the library into a modern, dynamic space designed to better serve the community's needs while celebrating and restoring the building's 1950s historical architectural features. The public space will be reimagined with several new features and improvements, including: • A new interactive children's learning area. • The creation of a Maker Lab on the 2nd floor, offering state-of-the-art equipment and resources for creativity and innovation. • A complete restoration of the library's iconic Italian marble facade. • A return to the building's original design intention and layout, enhancing both functionality and aesthetics. • A transformation of the east outdoor patio. »Above: Rendering of the southern fagade of the Main Library. 22 City Council 7 — 30 5/6/2025 &tZg , '� rC�'v""'"+'ff• 'rti+Y 7.1 IMPLEMENTATION ACTIONS Sustainable Infrastructure Sustainable Infrastructure Santa Ana has a commitment to improving quality of life through the Santa Ana Green Program and investment in sustainable infrastructure, thereby reducing carbon pollution, protecting groundwater, promoting healthy lifestyles, and enhancing public safety. The General Plan builds upon these ideas by providing goals and policies for healthy neighborhood initiatives, which include tree planting, corridor greenways, build -green initiatives, and energy conservation. On March 27, 2024, the Public Works Agency hosted a special dedication ceremony to unveil the city's first crosswalk art, located at 15t" and Ross streets in the Willard neighborhood. The crosswalk is intended to create awareness about bicycle and pedestrian safety. The 36-by-16-foot crosswalk art was designed by local neighborhood artist Cynthia Lujan and is made of a thermoplastic that is engineered with safety, durability, and aesthetics in mind. It is designed to improve traffic safety at intersections by enhancing the visibility of the crosswalk for motorists, cyclists, and pedestrians. »Above: Photo of Willard Neighborhood Crosswalk. With a goal to beautify the Artesia Pilar neighborhood, reduce illegal dumping, and provide connectivity between Artesia Pilar and Fairview Street, the City developed a new 10,000-square-foot park. The ribbon -cutting ceremony took place in July 2024 and it has been the recipient of multiple awards including the 2024 Project of the Year Award from the California Stormwater Quality Association (CASQA). The project is notable due to its innovative approach to managing stormwater runoff. When it rains, stormwater flows into the park and is captured by two bioretention basins and an underground stormwater infiltration system. Captured stormwater will filter through the soil and down into the local groundwater basin. »Above: Photo of La Artista Artisia Pilar Park. 24 City Council 7 — 32 5/6/2025 OVSanta Ana Boulevard Grade Separation Project In June 2024, the City of Santa Ana was awarded $25 million in federal funding for the Santa Ana Boulevard Grade Separation Project, which will facilitate the reconstruction of the current rail crossing at Santa Ana Boulevard, adjacent to the Santa Ana Regional Transportation Center. The project will create a new multimodal grade -separated underpass, including reduction of the roadway from six to four lanes, on -street protected bikeways and sidewalks, and a pedestrian overcrossing parallel to the rail line. The project will improve traffic operations, boost emergency response times, and alleviate traffic congestion along Santa Ana Boulevard. SANTA ANA GRADE SEPARATION PROJECT Project Lead: City of Santa Ana ■ SCOPE The Santa Ana Grade Separation Project ( Project) proposes to construct a new six -lane underpass to replace the existing at -grade crossing at the Southern California Regional Rail Authority double tracks on Santa Ana Boulevard adjacent to the Santa Ana Regional Transportation Center (SARTC). The Project limits extend from the 1-5 southbound ramps in the east to Santiago Street. The Project constructs a pedestrian bridge adjacent to the railroad under- pass to provide connectivity across Santa Ana Boulevard to SARTC. Improvements on Santa Ana Boulevard will include a raised median, side- walks, and spare for a transportation opportunity zone and a pedestrian plaza, The Project will also require the construction of a stormwater pump station, and utility relocations. ■ COST PS&E $6,700,000 Right of Way $22,614,000 Construction $49,376, 000 Total $80,720,000 rROKcruuns I ■ SCHEDULE CEGA/NEPA Clearance 7/2024 PS&E 6/2025 Right of Way 9/2025 Construction Award 1/2025 Construction Completion 1/2029 »Above: Informational flyer for the Santa Ana Boulevard Grade Separation Project. 25 City Council 7 — 33 5/6/2025 Attachment A — General Plan Implementation Actions A-1 City Council 7 — 34 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Community 1.1 Yes Engage EJ communities on PRCSA / 2023 PRCSA expanded its efforts to hold recreation and cultural programs. PBA event planning committees to the City's Incorporate community largest cultural festival (Fiestas Patrias) stakeholders from environmental as well as incorporating an event justice communities to form an planning committee with the newly Environmental Justice Action developed Tet Festival in an effort to Committee to guide the receive feedback from the community identification of recreational and for recreational and cultural programs. cultural programing needs and PRCSA is collaborating with EJ desires. neighborhoods and non-profit organizations for cultural programs, classes and activities, such as, Ballet Folklorico, Intergenerational programming between our Youth and Teens Section & the Senior Services Section, through the introduction of Raices storytelling and Impressiones pen pal writing. Community 1.2 Yes Community conversation. Plan for CMO Every two The Environmental Justice Action and conduct a community survey years Committee, made up of every two years related to representatives for each environmental community health, pollution justice area, launched a community concerns, parks, community survey as part of their engagement engagement, and community efforts. 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. Community 1.3 Yes Collaboration. Develop PBA / 2022 -2024 In 2024, the PRCSA spearheaded the intentional, strategic partnerships PRCSA optimizations of the City Council with public, private, and nonprofit approved Partnership and Sponsorship City Council 7 — 35 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE entities to improve health Policies and as a result entered into outcomes by leveraging capacity, various partner/sponsorship resources, and programs around agreements with the University of mutually beneficial initiatives that California -Irvine (UCI), SCAN, Asian promote health, equity, and American Senior Center Service Club sustainability in neighborhoods (AASCSC), Kaiser Permanente within environmental justice area Community Benefit Foundation, the boundaries. Develop a American Red Cross Centennial comprehensive partnership policy Campaign, USA Swimming, the Jasper providing guidelines that can be Ray Foundation and ROVE. All of these used throughout the City community -based organizations helped organization. PRCSA expand access, equity and resources to the Santa Ana community through sponsorships, in -kind donations or scholarship opportunities. Community 1.4 Yes Community coordination on PBA / 2022 & Drafted a Request for Proposal (RFP) underutilized spaces. Coordinate PRCSA ongoing for a feasibility study to analyze vacant with community residents, properties in the Washington Square property owners, and other Neighborhood Association. Continued stakeholders to identify vacant discussion with the Santa Ana Unified and potentially underutilized School District (SAUSD) Technical properties and strategize how Advisory Committee (TAC) to pursue such properties could be the existing Armory that straddles Delhi repurposed into public parks or Park and Monroe Elementary School commercial recreation facilities. campus in an effort to develop a master plan. In addition, PRCSA/PWA in collaboration with SAUSD is preparing Griset Park for full use as a City Park as well as developing a Joint Use Agreement with Greenville Elementary School. Also, there are preliminary discussion about bringing Spurgeon Park back under a Joint Use Agreement City Council 7 — 36 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE after the previous Joint Use Agreement expired in 2020. Community 1.5 Yes Alternative facilities. In park PRCSA 2022 The 10th St. and Flower St. park deficient and environmental concept was expanded by abandoning justice areas, identify facilities that a portion of 10th St. and absorbing the are viable alternatives to public right-of-way into the park as well as parks and municipal facilities for incorporating a storm water capture recreational, cultural, and health component. Gerardo Mouet Park and wellness programs, including opened December 2024. The Memorial but not limited to school facilities, Park Aquatics Facility was approved facilities of faith -based and civic and fully funded and is now under organizations, and privately- construction (Feb. 2025). Construction owned recreation and contract will be awarded to develop a entertainment facilities. Identify, 4.5-acre vacant area within Centennial inventory, and rank other Park into a family/dog leisure complex resources for potential park with access to the Santa Ana River Trail. system acquisition, expansion to The Bristol Recreation corridor is still in existing parks, and/or parks development with the Bristol/Toliver development opportunity within site schedule to break ground in April the community. 2025. Community 1.6 Yes Program accessibility. To ensure PRCSA / 2022 An interagency committee has been residents of environmental justice PWA developed to focus on a strategy to area boundaries have access to complete the Santa Ana Golden Loop. recreational, cultural, and health Warner Linear Phases 1 & 2 are and wellness programs, establish conceptually design and an accessibility corridors that provide implementation strategy is being attractive, comfortable, and safe discussed. The Bristol Recreation pedestrian and bike access to Corridor has begun with the public recreational facilities in the groundbreaking of the Bristol and Parks Master Plan (an Tolliver site (April 2025). Next phases implementation action of the the conceptual design of Bristol/Myrtle Open Space Element). Identify and Bristol/Pine sites. Santiago Park public realm improvements Phase 2 is currently underway with City Council 7 — 37 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE needed to create these Phase 3 currently in design. Santiago accessibility corridors. Prioritize Park includes a bike trail that is part of investments for accessibility a larger regional/county bike trail corridors in the city's capital system. PRCSA/PWA staff members are investment program; include providing feedback on to the investments for accessibility development of Orange County corridors when investments are Connect project. A regulated crosswalk made in new parks and recreation will be installed at 10th and Flower that facilities within environmental will provide a safe route to park and justice area boundaries. schools Community 1.7 Yes Rental property outreach. PBA 2022 & The PREP team continues enforcement Augment the Proactive Rental Ongoing in EJ areas and worked with residents, Enforcement Team and managers, and property owners on Residential Response Team with properties with chronic multifamily additional outreach geared property management issues in toward absentee owners of rental communities greatly affected by gang properties. Create and periodically and drug activity, such as Santa Anita, distribute outreach materials in Evergreen, N. Raitt/3rd and Townsend order to educate absentee owners Street. 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. City Council 7 — 38 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Community 1.8 Yes Neighborhood rehabilitation. CDA Ongoing In 2024, the City continued its efforts to Continue to seek state and federal prevent displacement by coordinating funding for neighborhood the Residential Rehabilitation Grant rehabilitation projects and Program with Code Enforcement and collaborate with community- the Proactive Rental Enforcement based organizations to identify Program (PREP). In partnership with housing issues and improvements Habitat for Humanity of Orange needed, especially for housing County, the program provided grants of within environmental justice area up to $25,000 to seven (7) households boundaries. for health and safety repairs in single- family and mobile homes. Priority was given to low-income households, seniors (62+), disabled residents, and properties located in CDBG census tracts. By aligning this program with enforcement efforts, the City helped ensure that necessary repairs were made while supporting housing stability for vulnerable residents. Community 2.2 Yes Public realm. Identify areas in PWA / PBA Ongoing PWA and PBA are working with the need of a public realm plan to selected firm Torti Gallas and Partners provide attractive, comfortable, to create Public Realm Plans for 5 focus and safe walking corridors to areas in the City; South Main Street, promote accessibility to Grand Avenue and 17th Street, West community programs or activity Santa Ana Boulevard, 55 Freeway and centers, in conjunction with the Dyer Road, and South Bristol Street. City's Active Transportation Plan. The project is expected to be fully completed March 2026. Community 3.2 Yes Pedestrian access to health PBA Ongoing PBA continues to require pedestrian facilities. Ensure that new or amenities be included as part of new redeveloped health care facilities development proposals through the include pedestrian -friendly site development project review process. amenities. In areas where mobile City Council 7 — 39 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE clinics are stationed, ensure the location is safe and accessible for pedestrians, cyclists, and transit users. Community 3.3 Yes Health metrics. Engage with the PBA / CIVIC) 2022 City staff established partnerships with Orange County Health Care OCHCA, OCEJ, and UCI to begin Agency and other stakeholders to discussions on methods to jointly monitor key health indicators to undertake efforts to combat pollution measure the success of the exposure related health issues. outcome of General Plan policies and the implementation plan, including reduction in incidence in asthma and low birth weight of infants. Community 3.4 Yes Prevention activities. Coordinate PBA / CIVIC) 2022 - 2024 PBA continued ongoing dialogue with with the County Health Care UCI and OCEJ regarding root causes of Agency to identify the root causes lead pollution and results of lead study of health disparities and inequities written by UCI. 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. Community 3.7 Yes Public health and wellness PRCSA 2022 & Health and Wellness programming collaboration summit. Collaborate ongoing continues to increase since the with health care providers, health inception of the Health & Wellness and wellness advocates, and other Section in March 2022. Programs such public health stakeholders to as the Wilderness Club, the Golden identify ways to improve the Hour Walking Club, Community Garden provision of and access to health Programs, Health, Fitness, Wellness and wellness services throughout and Special Events to encourage Santa City Council 7 — 40 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE the city. Include a discussion on Ana residents to be fit & well. In areas within environmental justice addition, PRCSA has introduced the area boundaries and other areas RecreAuto recreation mobile which will underserved by parks, programs travel to park deficient areas in Santa and services that support health Ana to engage with residents two times and wellness. per week to provide recreation and leisure opportunities. Lastly, the Aquatics Section completed its second full season of Learn -to -Swim and Recreation Swim programming, as well as adding Silver Swimmers (Senior based aquatics programming) Emerging Lifeguard Leaders (E.L.L.) and a Jr. Lifeguard Camp program. PRCSA with over 3500 Learn to Swim lessons provided in Summer 2024. Community 3.8 Yes Environmental soil and human PBA Ongoing City's EJ Office convened biweekly lead health screening measures. action collaborative meetings and Collaborate with Orange County partnered with CDPH's consultant Health Care Agency, and local selected for OC - Azure Development stakeholders such as Orange along with OCHCA, OCEJ, MPNA-GREEN County Environmental Justice and and UCI to promote lead testing and UC Irvine Public Health, in efforts lead hazard abatement program for OC to provide increased healthcare families in Santa Ana. City staff services (i.e., blood lead testing, continued to seek funding/grants to treatment) for residents, further studies, lead testing, and especially those that reside in remediation projects related to lead environmental justice pollution. communities. Additionally, collaborate to advocate for adjustment of the County and State policies for health and environmental screening levels to City Council 7 — 41 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE promote healthy outcomes related to lead contamination as recommended by health experts. Conservation Yes Air quality planning. Review PBA 2022 & The CA Office of Planning & Research 1.1 existing and monitor the annually Adaptation Planning Grant Program is development of new air being utilized for EJ outreach and monitoring and emissions products to improve indoor air quality reduction plans prepared by the and pilot community air monitoring South Coast Air Quality sensors in the Logan and Lacy Management District. Gather and neighborhoods in response to evaluate measures and strategies Industrial Uses Moratorium to protect in such plans for their applicability the public safety, health, and welfare in to and feasibility for Santa Ana. these pollution burdened communities. SoCalGas awarded $50,000 to implement the Air Pollution Monitors and Air Purifiers Project in Logan and Lacy. Conservation Yes Community identification. PBA 2022 & City's EJ Office has participated in 1.2 Coordinate with the South Coast Ongoing meetings with SCAQMD executives, Air Quality Management District along with UC Irvine's EcoGovLab and and local stakeholders to pursue a the Madison Park NA GREEN Project to priority community designation pursue AB617 community designation for eligible environmental justice in Santa Ana's EJ areas. 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. Conservation Yes Proactive engagement. PBA 2022 & Presented on Environmental Justice 1.3 Collaborate with the South Coast Ongoing and Neighborhood Quality of Life topics City Council 7 — 42 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Air Quality Management District at SAUSD school parent meetings and local stakeholders in located in disadvantaged communities, environmental justice areas which are pollution -burdened, low - experiencing local air pollutions income, public safety challenged areas. 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. Conservation Yes Health risk criteria. Establish PBA 2022 - 2027 City's EJ Office has been coordinating 1.4 criteria for requiring health risk with OC Health Care Agency, EPA assessments for existing and new Region 9 EJ staff to identify resources industries, including the type of and best ways to help EJ communities business, thresholds, and scope of in Santa Ana understand long-term assessment. Review existing and health risk exposure concerns from establish new regulation to reduce surrounding industries near EJ and avoid increased pollution near communities. sensitive receptors within environmental justice area boundaries. Conservation Yes Agency permits. Monitor the PBA 2022 & CIVIC) began receiving correspondence 1.5 South Coast Air Quality Ongoing from SCAQMD directly regarding Management District permitting facilities in Santa Ana that were issued and inspection process and the a NOV or other update. City's EJ Office Orange County Health Care has established an electronic library of Agency to identify businesses in EJ facilities of concern including such Santa Ana with potential properties that received a NOV from hazardous materials or by- SCAQMD to digitally save in the products, with a special focus on corresponding property folder. environmental justice Internally, notifications and a follow-up communities. Serve as a liaison for process with City's EJ Office and Code residents to identify potential Enforcement have been set up to track City Council 7 — 43 5/6/2025 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE emission violations. Share facilities not in compliance with the information and data with the City's Noxious Uses Ordinance and or community on the City's the Non -Conforming Ordinances. Environmental Quality web page. Conservation Yes Emissions monitoring. Coordinate PBA 2022 & Conducting ongoing air quality 1.6 with the South Coast Air Quality Ongoing monitoring and communicated Management District to monitor information to South Coast Air Quality existing air measurements and Management District. recommend new air measurements and locations. Conservation Yes Improve older trucks. Promote PWA 2022 Continued to replace old vehicles with 1.8 the City's Vehicle Replacement newer more efficient vehicles. 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. Conservation Yes Interagency team. Establish an PBA 2022 & The CA Office of Planning & Research 1.10 environmental quality interagency Ongoing Adaptation Planning Grant Program is team to evaluate, monitor, and being utilized for EJ outreach and make recommendations to products to improve indoor air quality address air quality and and pilot community air monitoring environmental hazard issues, with sensors in the Logan and Lacy a special focus on environmental neighborhoods in response to justice areas. Publish results and Industrial Uses Moratorium to protect information on the City's website the public safety, health, and welfare in through a dedicated Santa Ana these pollution burdened communities. Environmental Quality web page. SoCalGas awarded $50,000 to implement the Air Pollution Monitors and Air Purifiers Project in Logan and Lacy. City Council 7 — 44 5/6/2025 to Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Conservation Yes Public education. Augment PBA / PWA Ongoing The City launched an education 1.11 existing outreach programs to campaign to provide an environmental improve public awareness of justice presentation to local schools State, regional and local agencies' specifically in environmental justice roles and resources to identify, communities. monitor, and address air quality and other environmental hazards in the community. Conservation Yes Data collection for emissions PBA 2022 City engaged with GREEN-MPNA and 1.12 plans. Coordinate with the South other partners who received Coast Air Quality Management AQMD/CARB funding for community air District to explore ways to initiate quality monitoring testing, stakeholder data collection efforts for a meetings, and outcomes of evaluation community emissions reduction and analysis shared at community and/or community air monitoring meetings. plan, including the identification of information needed (new or updated), potential data sources and needed resources, and strategies to engage residents and collect information. Conservation Yes Expanded interactions. Identify PBA / CMO Ongoing In 2024, the City hosted quarterly 1.14 opportunities to expand regular meetings with the Environmental attendance and support Justice Action Committee. 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 City Council 7 — 45 5/6/2025 11 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE 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. Conservation Yes Expanded representation. Expand PBA / CIVIC) Ongoing EJ neighborhoods have been included 1.15 representation of residents from in opportunities to participate in neighborhoods within representation on Board, Commissions, environmental justice area and Task Forces. boundaries by extending residents from such areas to become board, commission, and task force members as openings occur Conservation Yes City budget. Evaluate the City's CIVIC) Annually Staff worked with City Budget Manager 1.16 budget and financial policies to to schedule a segment of community include direction for prioritizing budget meetings in EJ areas, provide public services and improvements interpreting in English/ Spanish, and within environmental justice area bring translated material to ensure boundaries. Augment budget community members fully participate meeting presentations to include in the City budget process. a section dedicated to the status of actions and improvements to address the needs of residents within environmental justice area boundaries. Conservation No Transportation Demand PBA / PWA 2023 Explore opportunities for collaboration 1.17 Management. Collaborate with with other agencies. the South Coast Air Quality Management District, Orange County Transportation Authority, City Council 7 — 46 5/6/2025 12 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE and other transportation planning agencies to develop a transportation demand management program for small businesses and new multifamily housing in the city to educate and incentivize employees and residents to consider transit, carpool, and active transportation travel choices. Conservation No Support transit. Support local and PWA Ongoing Continued to support local and regional 1.18 regional land use and land use and transportation plans that transportation plans that increase increase mass transit usage and reduce mass transit usage and reduce vehicle trips. vehicle trips. Conservation No Climate Action Plan. Review and PWA 2023 The City is currently in the process of 1.19 update the City's Climate Action updating the Climate Action Plan. Plan. Conservation No Native planting. Evaluate PRCSA/ 2021 & Partnered with NPDES Division to 2.1 opportunities in parks, open PWA ongoing convert property alongside Maple spaces, scenic linkages, and Street Bike Trail from turf to native greenway corridors to restore drought tolerant plant material. native vegetation and establish, Santiago Park Phase 2 renovations are where appropriate, native currently underway which will restore plantings that require limited the lost riparian landscape. Park water and fertilizer. Restoration Planning and Design standard practice and establishment of native is to always identify waterwise plant planting should not limit material with drought tolerant pedestrian and recreation access capabilities, and native where appropriate. Conservation No Santiago Creek. Continue working PRCSA 2022 & This project, considered Santiago Park 2.2 with regional agencies, including ongoing Phase 3, is underway in design and is the Orange County Flood Control City Council 7 — 47 5/6/2025 13 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE District, to identify opportunities 90% complete. Staff is currently looking to enhance the natural qualities of for construction funding. Santiago Creek to protect habitat and reintroduce native plants and animals. Conservation No Channel improvement plans. PRCSA / 2022 Fencing has been installed alongside 2.3 Partner with the County of Orange PWA flood control channels for safety. to explore best practices in Ongoing monthly creek clean-ups occur greenbelt and channel in Santiago Creek at Santiago Park. improvement plans for the Santa Ana River and Santiago Creek to preserve natural vegetation. Conservation No Preservation of natural and PBA Ongoing PBA continues to consult with local 2.4 historic resources. Collaborate indigenous tribes on development with local indigenous tribes and projects subject to CEQA or that other stakeholders to identify and require specific plan or General Plan evaluate potential incentives in amendments. the municipal code to encourage protection and enhancement of natural and historic resources. Conservation No Programming. Incorporate the PRCSA 2021 & Centennial Lake renovation is currently 2.5 city's natural resources into City ongoing underway with estimated Spring 2025 plans and recreational completion. Thorton Lake renovation programming to facilitate and plans are 90% complete and a grant encourage healthy, safe application has been submitted for recreational activities. construction funding. The Santa Ana Zoo Otter exhibit is under construction and anticipated completion is Spring 2025. Conservation No LEED/ENVISION certification. PBA / PWA 2022 Continue to look for opportunities to 3.2 Evaluate the feasibility of implement LEED/ENVISION certification requiring all major renovations into projects and new construction of City - City Council 7 — 48 5/6/2025 14 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE owned facilities over 5,000 square feet to earn a LEED New Construction Silver Certification or greater. Evaluate feasibility of requiring all existing City -owned facilities larger than 25,000 square feet to obtain the LEED Buildings: Operations & Maintenance Certification. Evaluate the feasibility of requiring all major renovations and new construction of City -owned infrastructure facilities to earn ENVISION Bronze Certification. Consider providing incentives and recognition for new commercial, multifamily projects, and neighborhoods to obtain LEED certification. Incentives may include expedited permitting, rebates on or reduced building permit fees, and density bonuses Conservation No Retrofitting existing buildings. PBA / PWA Ongoing Procured the services of architects to 3.4 Support and encourage design the renovation of the following retrofitting existing buildings to facilities; Memorial Park Aquatics achieve energy optimization. Facility, Santa Anita Community & PAAL Partner with Southern California Center, Corbin Center, and the Edison and other stakeholders to Logan/Chepas Community Center provide incentives, rebates, and expedited permitting for energy retrofit projects and to make residents, property owners, and businesses aware of such programs. City Council 7 — 49 5/6/2025 15 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Conservation No Public awareness. Create PWA Ongoing Continued to work on educational 3.7 educational programs to sustain programs to sustain public awareness public awareness of the of the importance of resource importance of resource conservation (e.g., energy, water, and conservation (e.g., energy, water, open space), the continued existence and open space), the continued of long-term resource demand existence of long-term resource challenges, and specific conservation demand challenges, and specific tactics that are recommended. conservation tactics that are recommended. Conservation No Clean electricity. Coordinate with PWA 2023 Continued to work with SCE on options 3.8 Southern California Edison to to expand the vehicle charging expand the availability of network. Continued to upgrade our clean/renewable energy services sports field lighting to new LED efficient throughout the city, and to lighting. explore alternative energy technologies. Conservation No Natural carbon sequestration. PWA Ongoing In 2023, the City was awarded $7.35 3.11 Reduce the amount of carbon million of competitive statewide grant dioxide that would otherwise be funding from the Department of Water released into the atmosphere Resources and California Natural through the continued Resources Agency for storm water maintenance and expansion of the capture and urban greening projects. city's urban forest and These projects include new drought development of other green tolerant landscaping and shade trees. infrastructure. Explore options to These projects were carried out include green infrastructure through 2024 and will continue. requirements in new public realm plans. Conservation No Water education. Provide PWA Ongoing Continued to provide educational 4.1 educational outreach materials for outreach materials to residents and residents and businesses on businesses on proper water use, water conservation, and stormwater Best City Council 7 — 50 5/6/2025 16 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE proper water use and other water Management Practices (BMPs). conservation practices. Continued to provide educational outreach materials for residents and businesses on proper water use and other water conservation practices. Conservation No Water smart landscapes. Promote PWA / PBA 2022 Staff maintains up to date webpages 4.2 awareness of the City Landscape and participates in over 100 community and Parkway Improvement meetings annually to promote water Guidelines to require public smart landscapes. projects and new private City fulfilled and completed the Grass - development to incorporate to -Garden Program, transforming a drought -tolerant landscaping. number of residences from grass to Continue to encourage drought- water -efficient garden landscapes. tolerant retrofits through the Turf Continued to educate property owners Removal Rebate Program and and promote awareness of the Turf educate property owners about Removal Program along with other incentives available through the incentives offered through the SoCal SoCal Water$mart program to Water$mart Program. public and private property owners for planting native or drought -tolerant vegetation. Conservation No Green stormwater management. PWA Ongoing In 2024, the City was awarded $3.1 4.3 Identify opportunities for the million of competitive local grant installation of stormwater best funding from the Orange County management practices in the Transportation Authority's public rights -of -way, parking lots, Environmental Cleanup Program for parks, or public buildings, for stormwater capture projects. These inclusion into the Capital projects include stormwater Best Improvement Program. Management Practices (BMPs) that capture and infiltrate stormwater runoff, helping to reduce flooding, improve water quality in the Newport Bay Watershed, and enhance local City Council 7 — 51 5/6/2025 17 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE water supplies. The City also completed construction of the King Street Urban Greening Project, which features a stormwater capture system, and continued to make progress on the Stormwater Project Master Plan. Conservation No Water recycling. Pursue funding PWA 2023 Revising the Recycled Water Master 4.4 to implement the first phase of Plan and continuing to pursue grant the City of Santa Ana Recycled funding. Water Master Plan, with an emphasis on local water recycling programs and cooperation with regional water recycling efforts. Economic No Economic Development Strategic CDA 2023 Funding was not available to update Prosperity 1.1 Plan. Pursue funding and update the plan during 2024. the City's Economic Development Strategic Plan every three years to report on economic trends, describe targeted industry clusters, identify economic issues, inform infrastructure and land use priorities, develop strategies for addressing near- to mid-term economic issues, and identify new initiatives in the private sector, within the context of long-term goals. Economic No Fiscal impacts of land use CDA 2021 Economic Development Division is Prosperity 1.2 changes. Document the potential actively participating in the PBA economic and fiscal impacts General Plan updates and zone associated with significant land elements guideline meetings to provide use plan amendments involving valuable feedback and guidance on land use or intensity revisions preserving the fiscal impacts of land City Council 7 — 52 5/6/2025 18 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE use amendments. By analyzing economic trends and development patterns, the division ensures that proposed changes align with the city's long-term economic sustainability, support business growth, and maintain a balanced approach to land use planning. Economic No Economic indicators. Explore the CDA 2022 The Community Development Agency Prosperity 1.3 use of key economic indicators to (CDA) is actively exploring key identify the need for new economic development indicators strategies and establish priorities through data analysis, anecdotal for public investment. This data insights, emerging trends, and other will be used in the development of economic factors to shape updated the City's Economic Development strategic plans and goals. This effort Strategy Plan and also updated bi- ensures a comprehensive approach to annually on the City's economic supporting the business community by development website identifying opportunities for growth, addressing economic challenges, and fostering a resilient local economy. Economic No Integrity of industrial areas. CDA Ongoing Industrial zones reviewed for Prosperity 1.4 Review the permitted uses in consideration of development and industrial zones and consider consistency with industrial uses. removing uses that do not need to be in an industrial zone; identify areas where new warehousing development would not be consistent with the desire to maintain manufacturing and other industrial uses that have higher employment per acre than warehousing. City Council 7 — 53 5/6/2025 19 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Economic No Broker outreach. Conduct CDA 2021 The Economic Development Division Prosperity 1.5 outreach meetings with meets monthly with local brokers to commercial and industrial real discuss vacant and for lease/sale estate brokers to discuss the types properties on the market in Santa Ana. of businesses considering a Santa The City provides the brokers with Ana business location; identify important citywide marketing challenges that discourage information to help attract investment. business from locating in the city; implement a plan to address such challenges. Economic No Business development targets. CDA Ongoing Economic Development Division Prosperity 1.6 Prepare and regularly update a continues to track and attract business development target list businesses that provide sustainable, that identifies the types of well -paying jobs for the community and businesses that are most likely to that generate higher net revenues. The be interested in a Santa Ana businesses in the City continue to business location, the types of thrive and help maintain businesses most likely to employ unemployment rates low in the City city residents, types of businesses and the State. The unemployment rate that broaden the local economy, for Santa Ana is among the lowest in and the types of businesses the State at 3.8% as of December 2024. expected to generate higher net revenues for the City or to create shared revenue opportunities; target the City's business attraction efforts on these types of businesses. Economic No Living wage jobs. Prepare and CDA 2022 The City's WORK Center actively Prosperity 1.7 regularly update a living wage monitors workforce data to support calculation for Santa Ana; prepare residents looking for new employment and regularly update a list of the and higher paying jobs. types of businesses in which the average wage is above a living City Council 7 — 54 5/6/2025 20 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE wage for Santa Ana; incorporate this information into the City's business incentives program. Economic No Workforce development for City CDA 2022 & The Santa Ana WORK Center and Prosperity 1.8 residents. Provide an annually Economic Development Division informational program —including continue to provide workforce services an annual public workshop, for City residents via workshops, information on the City's website, internships, paid work experience and printed collateral —to inform programs, re-training, and seminars or the public about available training, business incentives that promote education, and assistance for employability and success for City employment skills and workforce residents. Recent collaborations preparation; partner with Santa between the Santa Ana WORK Center Ana Unified School District, the and the Santa Ana Unified School chambers of commerce, and District should result in better community organizations to make employment opportunities for youth in this information widely available the City. throughout the community Economic No Retail attraction. Conduct an CDA 2022 The Economic Development Division Prosperity 1.9 annual retail market demand receives frequent sales tax information analysis to identify types of stores identifying leakages in retail spending. for which the city leaks retail This data is used to identify potential spending; focus market efforts on businesses for attraction. these types of business; incorporate a focus on these types of businesses into the City's business assistance and business incentive programs. Economic No Creative class. Develop and CDA Ongoing Funding was not available in 2024 for Prosperity 1.10 implement programs to celebrate these programs. arts and culture and to promote the works of local artists; develop City Council 7 — 55 5/6/2025 21 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE marketing collateral for artists and creative industries businesses. Economic No Employ local initiative. Continue CDA 2021 The City continued to monitor the Prosperity 1.11 to support local initiatives like progress of the development of the worker cooperatives and develop microform as they worked through the a package of business incentives permitting process. Expected opening like reduced business license fees of microform is early 2025. to encourage Santa Ana businesses to hire local residents. Economic No Tourism action. Assist in the CDA 2021 The Santa Ana Tourism and Marketing Prosperity 1.12 planning and strategic use of District continues to promote and public -private partnerships to market Santa Ana to outside tourism. develop new permanent facilities Several hotels recently underwent and attractions through the renovations to the property as they implementation of a tourism saw their occupancy rates increase due marketing district to these marketing efforts. Economic No Promote development CDA Ongoing The Economic Development Division Prosperity 1.13 opportunities. Maintain updated continues to monitor and market inventory of citywide vacant vacant and on -the -market property for properties. Continue to promote potential redevelopment opportunities. these opportunities and incentives Some of the available properties are like the City's Opportunity Zone to subject to the Surplus Land Act, which the broker and development provides priority to housing developers community to develop into and/or educational entities; thereafter, commercial and residential the land may be open for bids to the projects beneficial to the sales and general public. Several vacant property tax base of the City. properties along Bristol and other remnant parcels have been sold for projects that will benefit the community and/or generate jobs and revenue for the community. Economic No Foster Development through CDA 2023 The City continues to promote and Prosperity 1.14 Financing Assistance. Utilize market the Statewide Community City Council 7 — 56 5/6/2025 22 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE economic financing tools such as Infrastructure Program (SCIP). This enhanced infrastructure financing program allows owners of property in districts, community revitalization the City to finance development impact investment authorities, and the fees as they redevelop properties. Statewide Community Infrastructure Program to finance economic development and infrastructure projects that provide community -wide benefits. Economic No Business attraction. Participate in CDA Ongoing The Economic Development Division Prosperity 2.1 state and national economic continues to market and promote the development organizations. City by attending the Innovative Attend trade shows and market Commerce Serving Communities (ICSC) Santa Ana to high -growth business Conference in May 2024 clusters for Orange County, consistent with the Economic Development Strategic Plan. Economic No Green business recruitment. CDA 2022 Utilizing available incentives from the Prosperity 2.3 Conduct a study to identify the State RMDZ program, Economic types of green businesses best Development Division staff targets out suited to a Santa Ana business of city green businesses for potential location; market the city to these attraction as their leases come up. types of businesses. Economic No Communication Technology. PWA Ongoing PWA works with wireline and wireless Prosperity 2.4 Partner with public and private telecommunication utility companies to enterprises to facilitate facilitate effective and least impactful communication technology, such upgrade of facilities in order to provide as fiber optics, to address current service to end users. and future technology needs relative to available resources and ensure that the city maintains a competitive business environment. City Council 7 — 57 5/6/2025 23 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Economic No Wireless Telecommunication. PWA 2021 PWA completed the City's Wireless Prosperity 2.5 Update the local Wireless Telecommunication Design Guidelines Telecommunication Design in 2021. The guidelines are periodically Guidelines to incorporate best updated to respond to based on industry practices, consistency community input and technological with federal requirements, and improvements. community considerations. Economic No Historic and cultural resources. CDA 2021 The City's Economic Development Prosperity 3.1 Conduct an outreach program Division conducts ongoing outreach in with commercial and industrial areas with historic and cultural brokers focused on the City's resources to market opportunities for historical and cultural assets and new businesses. how these assets can be beneficial to businesses and their employees; develop marketing collateral focused on the City's historical and cultural assets. Economic No Economic development CDA 2022 The Economic Development Division Prosperity 3.2 ombudsman. Pursue funding and works in partnership with Planning & establish an ombudsman position Building, the Public Works Agency, and in the Economic Development the OC Fire Authority to continuously Division to assist new businesses enhance the building and permitting in navigating the building and process for businesses. permitting processes. Economic No Business outreach and retention. CDA Ongoing The Economic Development Division Prosperity 3.3 Continue to support existing continues to partner with organizations business attraction and retention such as the Santa Ana Chamber of programs. Maintain partnerships Commerce and Travel Santa Ana for with the Santa Ana Chamber of business retention and attraction Commerce and other nonprofit activities. Furthermore, CDA organizations. Continue to reach participates in tradeshows such as ICSC, out to national retailers and CalEd, OC Hispanic Chamber of employers. Commerce, and the Santa Ana WORK City Council 7 — 58 5/6/2025 24 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Center to reach out to national retailers and employers. CDA has been successful in attracting medium and large block businesses to lease or purchase large commercial sites. Economic No Business relocation assistance. CDA Ongoing Economic Development Division staff Prosperity 3.4 Continue to promote and market continues to promote and market the Recycling Market underutilized shopping centers for Development Zone. Develop a reinvestment. Staff reaches out to any program to assist businesses that impacted business to help with site want to relocate from functionally selection to a new location in the city, if obsolete strip commercial applicable. CDA has partnered with the locations to new distinctive Public Works Agency and Planning & neighborhood commercial Building to identify strategies and districts. programs that will promote functionality in older commercial strips in need of upgrades. Furthermore, the PWA has launched the Clean City Initiative that CDA is helping promote in Downtown Santa Ana where there are infrastructure needs to accommodate Recycling Market Development Zones. Economic Yes Green business incentives. CDA Ongoing Economic Development Division staff Prosperity 3.5 Continue to promote and market have continued to market the RMDZ to the Recycling Market existing "green" businesses in the City Development Zone. Develop an by connecting them with staff from the incentive program to encourage State to discuss low interest loans and nonpolluting industry and clean other recycling incentives available to green technology companies that local businesses, and coordinate with reduce environmental impacts Planning and Building staff to and the carbon footprint to locate streamline developments. Most to the city. Encourage existing recently, there has been an increase in City Council 7 — 59 5/6/2025 25 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE businesses to invest in technology demand for electric vehicle charging and best practice to transition to stations/hubs. CDA and PBA have sustainable business practices. assisted private companies in securing vacant properties or parking structures/lots in order to accommodate the demand for EV stations. The private businesses that are surfacing that promote Recycling Market Development Zones provide services to commuters, imported laborers/professionals, and residents while serving the local business community. Economic No Customer service survey. Develop CDA / PBA 2022 The City's website allows residents to Prosperity 3.6 and maintain a customer service ask questions or send feedback to City survey to evaluate and identify Staff through response forms. Different opportunities to improve permit departments, City pages, and project and licensing procedures. Train pages throughout the City website appropriate business counter staff include response forms, surveys, and on enhanced customer service questionnaires for residents. methods for the public. Economic No Software upgrade. Upgrade PBA 2022 The City updated its electronic plan Prosperity 3.7 permit processing software to review software to ProjectDox as part streamline review, allow the of its effort to streamline the permit submission of electronic and planning process for new applications, reduce costs, and construction, redevelopment, and monitor processing time. other city -related projects. In October 2024, the City kicked -off development of a new land management and permitting software. Economic No Promote gathering spaces. CDA / PBA Ongoing City Council provided the Arts and Prosperity 3.8 Develop the role of the Arts and Culture office with $200,000 to work City Council 7 — 60 5/6/2025 26 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Culture Division of the Community with the Arts Commission to sponsor Development Agency to local events. 51 local artists and art coordinate various arts, culture, institutions received this sponsorship and historical programs that funding. This included arts events and promote creative gathering spaces arts installations throughout the and experiences in Santa Ana community. Economic No Economic development training. CDA Ongoing The City maintains an active Prosperity 4.1 Each year, provide budget funds subscription to the California for at least one staff member and Association for Local Economic one elected or appointed official Development (CALED) and attends to attend an economic monthly webinars to learn about development training program economic development best practices. through the California Association CDA has an active presence in trainings for Local Economic Development multiple times per year, which provide or a similar program. the latest information to ED staff and elected officials. Economic No Business outreach. Conduct a CDA Ongoing Economic Development Division Prosperity 4.2 monthly business breakfast worked with the Chamber to host 2 workshop with a different sector new business welcome breakfast of the local economy or a different events in 2024. Over 25 businesses geographic area each month in attended each event. In 2024, the CDA order for elected officials and hosted the third Vietnamese Business senior staff to keep businesses Forum at Bowers Museum to provide apprised of what Santa Ana is business resources to the Vietnamese doing for economic development community. CDA also participates in and to hear directly from local weekly special event meetings to help businesses about the advantages promote businesses resources and and challenges of operating a assist in promoting events in an effort business in the city. to draw additional visitors from the region. Historical No Design Guidelines update. PBA 2024 The City entered into a contract with Preservation 1.4 Comprehensively update Citywide Architectural Resources Group, Inc. Design Guidelines to reflect (ARG) group to complete a Citywide City Council 7 — 61 5/6/2025 27 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE current best practices for sections Historic Resources Survey and Context related to Historic Structures and Statement. As part of the work plan, Downtown Santa Ana. ARG will develop recommendations for the incorporation of design standards into the ongoing Comprehensive Zoning Code Update. Historical No Historic design standards. Update PBA 2024 The City entered into a contract with Preservation 1.5 historic design standards for Architectural Resources Group, Inc. preserving historic setting and (ARG) group to complete a Citywide context, incorporating best Historic Resources Survey and Context practices related to landscape Statement. As part of the work plan, design, front yard fences, and ARG will develop recommendations for other property features. the incorporation of design standards into the ongoing Comprehensive Zoning Code Update. Historical No Historic resources survey. Survey PRCSA / 2022 There is an agreement is in place with a Preservation 1.6 all City -owned historic resources PWA local documentarian to inventory to identify condition, maintenance historic public areas that exists in the and repair needs, and sources of Santa Ana Park System. funding for upgrades. Historical No Oral history. Seek funding to PRCSA Ongoing As part of the public mural Preservation 1.7 reinstate local oral history restoration/conservation efforts made program to capture Santa Ana's by multiple agencies, a contractor has historic and cultural narrative. been secured to conduct interviews with artists that were directly involved with the public mural and incorporate it into an interactive exhibit where visitors can scan a QR Code and hear firsthand experience of the creation and development of the work. Historical No Public realm improvements. PWA 2026 PWA and PBA are working with the Preservation Establish public realm plans for all selected firm Torti Gallas and Partners 1.10 historic districts, including to create Public Realm Plans for 5 focus City Council 7 — 62 5/6/2025 28 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE landscaping, street, sidewalk, areas in the City; South Main Street, lighting, curb cut standards, and Grand Avenue and 17th Street, West pedestrian amenities. Santa Ana Boulevard, 55 Freeway and Dyer Road, and South Bristol Street. The project is expected to be fully completed March 2026. Historical No Municipal code update. Update PBA 2024 The City entered into a contract with Preservation Chapter 30 of the municipal code Architectural Resources Group, Inc. 1.11 (Places of Historical and (ARG) group to complete a Citywide Architectural Significance) for Historic Resources Survey and Context consistency with national historic Statement to inform an update to standards and industry best Chapter 30 of the municipal code. practices, including such topics as demolition of historic resources and building signage. Historical No Historic properties. Update and PBA 2022 & The City entered into a contract with Preservation 3.2 expand citywide Historic ongoing Architectural Resources Group, Inc. Properties Survey Program to group to complete a Citywide Historic identify potential historic Resources Survey and Context resources for placement on local Statement to identify potential historic Register and those that are at risk resources. of losing their historic value, with the first phase to include resource evaluation of the Focus Areas. Historical No Historical places. Proactively PBA 2024 The City entered into a contract with Preservation 3.3 nominate all properties that Architectural Resources Group, Inc. potentially qualify for placement group to complete a Citywide Historic on the Santa Ana Register of Resources Survey and Context Historical Places. Statement to identify properties that may qualify for placement on the local register. Historical No Historic Resources Commission. PBA 2023 The City relies on the qualifications Preservation 3.6 Establish minimum qualifications established by the National Parks City Council 7 — 63 5/6/2025 29 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE for participation on the Historic Service historic resources program for Resources Commission. participation on the Historic Resources Commission. Historical No Maintain certification. Maintain PBA Ongoing Maintained Certified Local Government Preservation 3.7 Certified Local Government status status under the National Parks Service under the National Parks Service historic preservation. historic preservation program through training and submittal of annual report. Land Use 1.1 No Development Code Update. PBA 2022 - 2027 The City continued to work with the Prepare a comprehensive update planning consulting firm Moore, to the zoning code to ensure that lacofano, Goltsman, Inc. (MIG) to the City's zoning regulations align comprehensively update and with the General Plan's goals and modernize all aspects of the City's policies. Update the Metro East Zoning Code. The update also includes MixedUse Overlay District to retooling and updating development remove the portion within the practices and processes. In 2024, the 17th Street and Grand Avenue City completed round one of Focus Area. Update the Midtown community engagement, an integral Specific Plan. part to the City's Zoning Code Update process. Round 1 consisted of community stakeholder interviews, a Community Planning Collaborative training, six community workshops, and two business community workshops. In addition to engagement activities, the team completed analysis of the existing code and began preparing sections of the draft update. Land Use 1.2 No Community benefits. Require new PBA / CDA 2022 & PWA and PBA are working with the development projects proposing a Ongoing selected firm Torti Gallas and Partners general plan amendment to create Public Realm Plans for 5 focus and/or a zone change to include areas in the City; South Main Street, City Council 7 — 64 5/6/2025 30 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE as part of the development Grand Avenue and 17th Street, West proposal, a community benefit Santa Ana Boulevard, 55 Freeway and and Dyer Road, and South Bristol Street. implementation plan providing a The project is expected to be fully net community benefit as desired completed March 2026. by the City and neighborhoods through public outreach. Examples of community benefits may include, but is not limited to public realm improvements, dedication of park and open space for public use, expanded economic development opportunities, job opportunities, new community serving businesses and services, and removal of blight and incompatible land uses. Assess capital costs and ongoing operations and maintenance costs; conduct a financial feasibility analysis to determine the impacts of community benefits on the feasibility of desired types of development. Land Use 1.3 No Retail business potential. Conduct CDA 2022 Economic Development Division staff and annually update a retail regularly produces demographic data market study for the city's District for the attraction of new businesses. Centers and Urban Neighborhoods to identify types of businesses that can be supported; conduct outreach to local businesses to City Council 7 — 65 5/6/2025 31 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE inform them of potential business opportunities in these areas. Land Use 1.6 No ADUs. Develop accessory dwelling PBA 2022 The City has released and made unit standard plans to facilitate publicly available pre -approved ADU quality site and architectural plans for studio, 1 bedroom, and 2- design while reducing costs and bedroom units. There are currently 11 expediting City review and plan styles available on the City's new approvals. ADU webpages that provide submittal guidelines, frequently asked questions, and development standards for the pre -approved plans. Land Use 2.1 No Periodic evaluation. Review and, PBA 2027 Review of General Plan is ongoing. In if necessary, update the General 2024, community engagement as part Plan every five years to affirm its of the Comprehensive Zoning Code vision remains consistent with the Update informed such review. community's values. Land Use 2.2 No Annual review. Prepare a general PBA Annually Prepared a general plan status report plan status report annually. April 1st and submitted it to State agencies by Review the General Plan land use the amended deadline of May 15, objectives and map to ensure they 2025. continue to support the community's long-term land use vision. Amend the text, goals, policies, and map as necessary to address new concerns, legislation, and changing conditions. Land Use 2.3 No Projections. Review and adjust PBA 2022 - Reviewed and adjusted population population assumptions and Ongoing assumptions and forecasts in forecasts annually in conjunction conjunction with the Department of with the Department of Finance, Finance, SCAG, and the County of SCAG, and the County of Orange/Center for Demographic Orange/Center for Demographic Research to adequately plan for the growth of housing and jobs. City Council 7 — 66 5/6/2025 32 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Research to adequately plan for the growth of housing and jobs. Land Use 2.5 No Developer outreach. Conduct an PBA / CDA 2023 & The Santa Ana Chamber of Commerce, annual workshop with residential, Ongoing in partnership with the City, annually mixed -use, commercial, and hosts an economic development industrial real estate developers conference (GROW) designed to attract to discuss developing projects in investment and quality development. Santa Ana; identify challenges that Over 350 local industrial developers, discourage quality development in businesses, and community leaders the city; identify cost implications attend this important event. that impact affordability; implement a plan to address such challenges. Land Use 2.6 No Fee assessment. Conduct a PWA / PBA 2023 PWA has retained a consultant who is periodic review of developer fees preparing a development impact fee and assessment districts to ensure study for the agency, which includes fees are adequate to provide assessing and updating our current services and mitigate impacts of residential development fees. development, with consideration given to feasibility concerns of building new development. Land Use 2.7 No Fiscal impact model. Develop a PBA / CDA 2022 For applicable land use applications, fiscal impact analysis model that PBA requires submittal and review of a incorporates the appropriate mix fiscal impact analysis. of land uses to achieve fiscal sustainability, or at a minimum, fiscal neutrality to make informed land use decisions. Require the completion of this analysis in mixed -use land use designations and in proposed conversion of commercial uses to residential or mixed -use projects. City Council 7 — 67 5/6/2025 33 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Land Use 2.8 No City -owned land. Coordinate PWA / CDA Ongoing Continued coordination of future future disposition of City -owned disposition of City -owned property and property and remnant parcels, remnant parcels, consistent with the consistent with the Surplus Land Surplus Land Act. Act. Land Use 2.10 Yes Open space requirements. PBA / 2022 - 2027 The comprehensive zoning code update Evaluate public open space and PRCSA is underway. Through the update, the park requirements in the zoning City will evaluate public open space and code for residential and park requirements for residential and nonresidential uses. Consider nonresidential uses. 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. Land Use 2.11 No Antidisplacement strategies. PBA / CDA 2022 & In November 2024, the voters of the Collaborate with community Ongoing City of Santa Ana adopted a ballot organizations and residents to initiative to affirm the Rent identify, evaluate, and implement Stabilization and Just Cause Eviction effective and appropriate Ordinance by a vote of 57.63%. During antidisplacement strategies to CY 2024, the City continued address the unintended implementing the Rent Stabilization displacement of vulnerable and Just Cause Eviction Ordinance, first tenants and property owners due adopted by the City in October 2021, to to the introduction of new enhance tenant protections and development. regulate rent increases. The Rent Stabilization Ordinance Team expanded its efforts by developing educational materials and hosting community workshops for both tenants and landlords. The team also participated in various City events to promote awareness of the ordinance and City Council 7 — 68 5/6/2025 34 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE collaborated with local nonprofits to strengthen outreach and support services. Land Use 2.12 No Distinctive districts. Develop and PBA / CDA 2022 - 2027 The City entered into agreement with adopt a specific plan or corridor the planning consulting firm Moore, plan for each of the land use focus lacofano, Goltsman, Ince. (MIG) in areas to establish regulations and October of 2023 to assist with design standards with comprehensively updating and consideration of the character, modernizing all aspects of the City's history and uniqueness of existing Zoning Code. The update will also corridors and neighborhoods. include retooling and updating development practices and processes. From Spring to Fall of 2024, the City of Santa Ana completed round one of community engagement, an integral part to the City's Zoning Code Update process. Round 1 consisted of community stakeholder interviews, a Community Planning Collaborative training, six community workshops, and two business community workshops. Through the outreach, the City contacted over 30,000 thousand residents, property owners, and business owners. Economic Development Division staff have been involved in the marketing and messaging of the comprehensive zoning code update process to businesses. Land Use 2.13 No Housing Trust Fund. Coordinate CDA Ongoing In 2024, the City continued to provide and support applications by financial support and technical City Council 7 — 69 5/6/2025 35 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE developers to the Orange County assistance to nonprofit and for -profit Housing Finance Trust for organizations developing affordable affordable housing rehabilitation housing for extremely low-income projects in Santa Ana. households. Amongst various other projects, the City worked closely with the Illumination Foundation on the Richard Lehn Intergenerational Housing Project at 918 N. Bewley St. On October 15, 2024, the City authorized the City Manager to execute a conditional grant agreement and regulatory agreement with Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention Program Round 1, 2, and 3 funds for the development of the Richard Lehn Intergenerational Housing Project located at 918 Bewley Street. This development will provide permanent and supportive housing for homeless transitional age youth (TAY) aged 18 to 24, ensuring access to stable housing and critical supportive services. The project remains on track for completion by the end of 2025, further advancing the City's commitment to providing housing solutions and workforce development opportunities for homeless youth. Land Use 2.14 No Local preference. Require a first CDA Ongoing On June 4, 2024, the City Council priority preference for Santa Ana approved the new Local Resident residents and workers in tenant Preference in Affordable Housing selection policies for affordable Ordinance to comply with the State of City Council 7 — 70 5/6/2025 36 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE housing projects that receive California Local Tenant Preferences to financial assistance from the City Prevent Displacement Act and codify or project that qualify for a the City's existing local resident density bonus. preference policy. Land Use 3.1 No CEQA review. Continue to PBA Ongoing Continued to evaluate land use evaluate land use compatibility compatibility through required through required environmental environmental clearance of new clearance of new development development projects, consistent with projects. state law. Land Use 3.2 Yes Design guidelines and standards. PBA 2022 - 2027 The City continued to work with the Update the zoning code's planning consulting firm Moore, development and operational lacofano, Goltsman, Inc. (MIG) to standards for industrial zones to comprehensively update and address incompatibility with modernize all aspects of the City's adjacent uses, including minimum Zoning Code. The update also includes distance requirements to buffer retooling and updating development heavy industrial uses from practices and processes. In 2024, the sensitive receptors. Conduct a City completed round one of study to evaluate and establish community engagement, an integral appropriate minimum distances part to the City's Zoning Code Update and landscape buffers between process. Round 1 consisted of polluting industrial uses from community stakeholder interviews, a sensitive receptors such as Community Planning Collaborative residences, schools, day care, and training, six community workshops, and public facilities. two business community workshops. In addition to engagement activities, the team completed analysis of the existing code and began preparing sections of the draft update. Land Use 3.3 Yes Healthy lifestyles. Collaborate PBA 2022 PBA continues to evaluate its with residents and industry application of increased land use stakeholders to create a program enforcement oversight to help build to incentivize and amortize the cases and data to guide program City Council 7 — 71 5/6/2025 37 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE removal of existing heavy development, considerations, and industrial uses adjacent to stakeholder collaboration consistent sensitive uses. with the City's Noxious Uses Ordinance and Non -conforming Ordinance. Land Use 3.4 Yes Funding for air filtration. Seek PBA 2022 SoCalGas awarded Santa Ana $50,000 funding from South Coast Air to implement the Air Pollution Quality Management District and Monitors and Air Purifiers Project in the other regional sources for the EJ neighborhoods of Logan and Lacy. 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. Land Use 3.6 Yes Lead paint abatement. CDA / PBA 2021 & The City actively assists the County with Coordinate with County of Orange Ongoing outreach for the countywide lead Health Care Agency and abatement program and targeted community organizations to Section 8 tenants and property owners strengthen local programs and through our inspectors. initiatives to eliminate lead -based paint hazards, with priority given to residential buildings located within environmental justice area boundaries. Land Use 3.7 No Building massing. Update the PBA 2022 - 2027 The City continued to work with the Citywide Design Guidelines to planning consulting firm Moore, incorporate best practices lacofano, Goltsman, Inc. (MIG) to addressing transitions in building comprehensively update and height and bulk for new modernize all aspects of the City's development adjacent to lower Zoning Code. The update also includes density neighborhoods. retooling and updating development practices and processes. In 2024, the City Council 7 — 72 5/6/2025 38 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE City completed round one of community engagement, an integral part to the City's Zoning Code Update process. Round 1 consisted of community stakeholder interviews, a Community Planning Collaborative training, six community workshops, and two business community workshops. In addition to engagement activities, the team completed analysis of the existing code and began preparing sections of the draft update. Land Use 3.8 Yes Environmental soil and human PBA Ongoing The City collaborates with other health screening measures. agencies and stakeholders to advertise Collaborate with Orange County healthcare services for residents. 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. Land Use 3.9 No Parking. Through City Interagency PBA / PWA 2022 PWA continued a city-wide parking collaboration, develop parking plan, with expected completion in management strategies to support 2025. City Council 7 — 73 5/6/2025 39 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE the Land Use Plan and reduce dependency on single -passenger vehicles, considering the parking needs for existing development and future activity nodes, changes in automotive technologies and car usage trends, and options for City -operated facilities. Explore parking strategies through pilot projects. Land Use 3.10 No Code enforcement. Continue PBA Ongoing Continued aggressive code aggressive code enforcement enforcement programs and activities to programs and activities to maintain community pride and maintain community pride and promote reinvestment in Santa Ana promote reinvestment in Santa neighborhoods. Ana neighborhoods. Land Use 3.13 No Growth in focus areas. Develop PBA / CDA 2022 The General Plan Update included incentives to promote Interim Development standards for the development within identified Focus Areas, which incentivized focus areas. projects to start without needing to wait for the Zoning Code Update. Land Use 3.15 Yes Communication tools. Explore PBA 2022 - 2024 City EJ Office scheduled presentations tools for communication with at neighborhood association and school residents and sensitive receptors parent meetings in EJ communities and when new industrial uses are continue to share information proposed in their areas regarding new industrial uses in the Neighborhood e-Newsletter that provides EJ information to community members, including CBOs, faith -based organizations, renters, landlords, property owners, youth, businesses, and other public agency contacts. Also, supported Neighborhood leader - City Council 7 — 74 5/6/2025 40 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE initiated requests on neighborhood meetings via mailer/flyer processing, social media and City events calendar posts, and/or programming of voicemail or text meeting reminder messages to neighborhood call lists. Land Use 3.16 Yes Health in corridors. Require a PBA 2022 - 2027 Several projects currently in Health Risk Assessment to identify construction within 500 feet of a best practices to minimize air freeway have prompted the quality and noise impacts when opportunity to work with partners to considering new residential uses develop criteria and research a Health within 500 feet of a freeway. Risk Assessment that can be applied to future projects. Land Use 3.19 Yes Promote health. Partner with PBA 2022 - The City's EJ Office staff convened the local organizations (e.g., OC Ongoing Lead Action Policies team and Health Care Agency, Latino Health continues to work with Azure Access, Santa Ana Unified School Development - CDPH contractor for District, Garden Grove Unified County Lead Testing and Lead Hazard School District, Orange County Abatement Program, the OC Health Environmental Justice, and the Care Agency Prevention team, OC Coalition of Community Health Environmental Justice, GREEN-MPNA, Centers) to increase blood lead EJ advocacy organizations, UCI faculty, testing, outreach, education, and and other resident leaders to integrate referral services through a outreach for lead testing at special 'promotora' or community peer events and outreach in communities, outreach model that addresses schools, and other opportunities. One the root causes of elevated blood program is available to enroll 50 lead levels impacting Santa Ana families in Santa Ana through 2025. residents, with special focus in environmental justice communities and for children living in pre-1978 housing. City Council 7 — 75 5/6/2025 41 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Land Use 3.20 Yes Safe housing. Require all CDA Ongoing Required all residential rehabilitation residential rehabilitation projects projects that use local, or HUD federal that use local, or HUD federal funds to comply with the Lead Safe funds to comply with the Lead Housing Rule, and to remove lead paint Safe Housing Rule, to remove lead hazards. paint hazards, depending on the nature of work and the dollar amount of federal investment in the property. Land Use 3.21 Yes Prevention education. PBA 2022 - The City's EJ Office staff convened the Collaborate with local Ongoing Lead Action Policies team and organizations such as Orange continues to work with Azure County Health Care Agency, State Development - CDPH contractor for Environmental Protection Agency, County Lead Testing and Lead Hazard and community -based Abatement Program, the OC Health environmental justice Care Agency Prevention team, OC organizations to identify funds and Environmental Justice, GREEN-MPNA, create a Santa Ana Prevent Lead EJ advocacy organizations, UCI faculty, Poisoning Education Program, and other resident leaders to integrate with special focus on outreach for lead testing at special disadvantaged communities and events and outreach in communities, pre-1978 housing stock. schools, and other opportunities. One program is available to enroll 50 families in Santa Ana through 2025. Land Use 3.22 Yes Public health outcomes. Support PBA 2022 & The convening of the City lead action the Orange County Health Care Ongoing policies team has provided for in-depth Agency in their role in discussion with EJ advocacy groups on investigating public complaints efforts being made on outreach and regarding unsafe lead work opportunities for accessible lead practices and lead hazards testing, exposure, and alternative wherein children are present, bioremediation options to remove lead through enforcement of local from soil. Code Enforcement and the housing standards to assure Housing Division are providing Housing City Council 7 — 76 5/6/2025 42 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE healthy outcomes, including for Choice Voucher participants and individuals and households families from the PREP program with presenting with concerns about educational material regarding lead lead exposure and/or with hazards. The City's EJ Office continues confirmed lead levels of to expand outreach with partners at >3.5ug/dL, which the Centers for City and neighborhood special events Disease Control and Prevention to educate families on dangers of lead indicates as the threshold for exposure and programs available for follow-up and case management assistance in the County. in children. Land Use 3.23 Yes Agency permits. Work with South PBA 2022 The City's EJ Office has two interactive Coast Air Quality Management maps that provide a centralized list of District and Orange County Health agency permits issued to businesses to Care Agency to evaluate existing help understand the universe of special special permit process and criteria permits issued in EJ areas in Santa Ana. for approval, and identify potential policy changes to minimize issuance of special permits with potential health impacts. Land Use 3.24 Yes Public health. Partner with PBA 2022 - 2024 The City's EJ Office continued Orange County Health Care collaborative meetings with OCHCA and Agency and community serving community serving organizations to organizations to evaluate best strategize and synergize efforts to practices and benefits of improve public health related to preparing a Public Health Plan to environmental pollution and lead address environmental hazards in exposure, and pursuing grant funding Santa Ana, with special focus in to further study public health concerns environmental justice related to lead exposure in Santa Ana's communities. Conduct public EJ communities. meetings to gather information and present preliminary findings. City Council 7 — 77 5/6/2025 43 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Land Use 3.25 Yes Engage EJ communities. Work PBA 2022 The City's EJ Office has continued to with community serving meet with neighborhood leaders from organizations, neighborhood the Delhi, Madison Park, and Logan leaders, and residents to form an neighborhoods to discuss and address Ad Hoc Committee to develop EJ issues. The City's EJ Office and ongoing EJ Community newly -formed EJ Action Committee Engagement programs for existing held planning meetings and two (2) EJ and new disadvantaged EJ Action Community Meetings (Central communities, including and Southwest Clusters) with a County multilingual communication Health Care Agency representative and protocols. Host quarterly CBO representatives from GREEN - Roundtable meetings with local MPNA and OC Environmental Justice. stakeholders to guide and evaluate implementation of environmental justice policies. Land Use 3.26 Yes Health conditions. Work with PBA Ongoing City's EJ Office convened biweekly lead state agencies including the action collaborative meetings and Department of Toxic Substances partnered with CDPH's consultant selected Control and South Coast Air for OC - Azure Development along with Quality Management District, OCHCA, OCEJ, MPNA-GREEN and UCI to Orange County Health Care promote lead testing and lead hazard abatement program for OC families in Agency and local stakeholders Santa Ana. City staff continued to seek including Orange County funding/grants to further studies, lead Environmental Justice and UC testing, and remediation projects related to Irvine Public Health to identify lead pollution. baseline conditions for soil and air contamination in Santa Ana, routinely monitor indicators of such contamination, and measure positive outcomes. Collaborate with these organizations to secure grant funds for soil and air testing, remediation (e.g., bioremediation, City Council 7 — 78 5/6/2025 44 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE covering, removing, air filtration), and prevention activities for residential properties in proximity to sites identified with high levels of soil pollution (including sites identified with soil lead levels of 80 ppm or higher) and air pollution, with a focus on communities disproportionately affected by soil contamination. Land Use 3.27 Yes Groundwater practice. PBA Ongoing The City coordinated with DTSC, the Coordinate with the State Santa Ana Regional Water Quality Department of Toxic Substances Control Board to host community Control (DTSC) to monitor the meetings in the Delhi neighborhood Santa Ana Southeast Groundwater and provided updates on the cleanup Clean Up Project and identify remediation work plan. measurable progress to remediate groundwater contamination. Share information with the community on the City's Environmental Quality web page. Land Use 3.28 Yes Tenant protections. Provide PBA 2022 & The City's EJ Office continued to information to residential tenants Ongoing provide Rent Stabilization and Just regarding Landlord Tenant Laws in Cause Eviction Information to the State, such as AB 1481, and neighborhood association meetings Santa Ana's Just Cause for Tenant and referred public inquiries to CDA Eviction and Rent Stabilization related to rent increase notices. ordinance that provide protections against evictions for those who seek action to improve substandard housing and hazardous conditions. City Council 7 — 79 5/6/2025 45 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Land Use 4.3 No Public improvements in activity PBA / PWA 2022 & PWA and PBA are working with the nodes and focus areas. Create a Ongoing selected firm Torti Gallas and Partners public realm plan for each activity to create Public Realm Plans for 5 focus node and focus area to establish a areas in the City; South Main Street, unified vision for long-term Grand Avenue and 17th Street, West improvements to streets, Santa Ana Boulevard, 55 Freeway and sidewalks, plazas, other public Dyer Road, and South Bristol Street. spaces, and placemaking The project is expected to be fully elements. Identify public completed March 2026. improvement priorities and pilot projects for each focus area and include them in the City's Capital Improvement Program. Land Use 4.4 No Public/private open space. PBA / PWA 2022 - 2027 The City continued to work with the Develop and adopt standards that / PRCSA planning consulting firm Moore, require the provision and lacofano, Goltsman, Inc. (MIG) to maintenance of publicly accessible comprehensively update and usable open space within new modernize all aspects of the City's multifamily, commercial, office, Zoning Code. The update also includes government, and mixed -use retooling and updating development development projects. Ensure practices and processes. In 2024, the long-term fiscal sustainability of City completed round one of publicly accessible open space. community engagement, an integral part to the City's Zoning Code Update process. Round 1 consisted of community stakeholder interviews, a Community Planning Collaborative training, six community workshops, and two business community workshops. In addition to engagement activities, the team completed analysis of the existing code and began preparing sections of the draft update. City Council 7 — 80 5/6/2025 46 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Land Use 4.5 No Open space acquisition funds. PRCSA 2023 Beginning discussion about creating an Partner with community enterprise fund and leveraging existing organizations to identify park in -lieu and residential fees to opportunities for and pursue assist PRCSA/PWA in acquiring grants to fund the acquisition of additional open space for park additional open space and opportunities. community space in underserved areas, as identified in the parks needs assessment / parks master plan. Land Use 4.8 No Mixed Use Lifestyles. Establish PBA 2022 - 2027 The City continued to work with the and implement thresholds in the planning consulting firm Moore, Zoning Code to require minimum lacofano, Goltsman, Inc. (MIG) to percentage of commercial uses to comprehensively update and be included in mixed -use land use modernize all aspects of the City's designations and in proposed Zoning Code. The update also includes conversion of commercial uses to retooling and updating development residential or mixed -use projects. practices and processes. In 2024, the City completed round one of community engagement, an integral part to the City's Zoning Code Update process. Round 1 consisted of community stakeholder interviews, a Community Planning Collaborative training, six community workshops, and two business community workshops. In addition to engagement activities, the team completed analysis of the existing code and began preparing sections of the draft update. Mobility 1.1 No Cross -agency collaboration. PWA Ongoing Continued to coordinate with external Coordinate with external agencies agencies to address the impacts of new to address the impacts of new regional transportation projects on the City Council 7 — 81 5/6/2025 47 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE regional transportation projects local network and accommodate on the local network and complete street practices. accommodate complete street practices. Mobility 1.2 No MPAH. Coordinate with external PWA 2022-2035 Continued to work with OCTA to agencies to ensure the OCTA ensure the OCTA Master Plan of Master Plan of Arterial Highways Arterial Highways accommodates the accommodates current and future City's current and future needs. demand for all users while prioritizing the safety of people utilizing non -automobile modes of transportation. Mobility 1.3 No Complete streets design. Update PWA 2025 To commence in 2026. the City's standard plans to include complete streets design strategies. Mobility 1.4 No Reduce collisions. Minimize PWA Ongoing Vision Zero Plan adopted. parking from arterial streets to reduce vehicular, bicycle, and pedestrian conflicts. Mobility 1.5 No Capital Improvement Program. PWA Annually Developed the CIP, and amended Prepare the annual Capital throughout the year to program capital Improvement Program that funding in meeting the City's General corresponds with the City's Plan goals and implementation actions. general plan goals and implementation actions Mobility 1.6 No Asset Management database. PWA Ongoing The City utilized an asset management Explore the benefits of an asset database for maintenance of pavement management database to and stormwater assets and reporting. coordinate ongoing maintenance of streets, parkway and the public realm. City Council 7 — 82 5/6/2025 48 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Mobility 1.7 No Transportation network safety. PWA Ongoing Continued ITS to provide enhanced Continue ITS to provide enhanced safety and efficiency features on the safety and efficiency features on transportation network, including the transportation network, traffic signal synchronization. including traffic signal synchronization. Mobility 1.8 No Impact fees. Secure development PWA 2021-2035 PWA reviewed all submitted land impact fees and dedications for development projects to determine project -related transportation whether proposed private improvements during City review improvements caused transportation and approval processes. impacts, and, where applicable, calculated and collected transportation impact fees, right of way dedications and transportation improvements consistent with the City's Mobility Element. Mobility 2.1 No Cross -agency planning. Work with PWA / PBA Ongoing Continued to work with OCTA and OCTA and regional transportation regional transportation agencies on the agencies on the Long -Range Long -Range Transportation Plan and to Transportation Plan and to expand expand bus and rail transit services, bus and rail transit services, particularly in transit priority corridors. particularly transit priority corridors. Mobility 2.2 No Cross -agency coordination. PWA Ongoing Continued coordination with OCTA and Coordinate with OCTA and transportation agencies to identify a transportation agencies to identify funding, operation, and maintenance a funding, operation, and plan for the OC Streetcar. Completed maintenance plan for the OC work on the operations and Streetcar. maintenance agreement. A funding plan will be developed based on the commitments outlined in the final agreement. City Council 7 — 83 5/6/2025 49 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Mobility 2.3 No Bus turnouts. Construct bus PWA Ongoing Continued to incorporate bus turnouts turnouts on arterial streets on arterial streets as appropriate according to OCTA design according to OCTA design standards. standards Mobility 2.4 No Freeway improvement projects. PWA Ongoing Continued to participate in Caltrans Participate in Caltrans Advisory Advisory Working Groups for freeway Working Groups freeway improvement projects to evaluate improvement projects to evaluate benefits and impacts to the Santa Ana benefits and impacts to the Santa local streets. Ana local streets. Mobility 2.5 No Grade separation. Pursue PWA 2022-2035 Continued to pursue grant funding implementation of grade opportunities to implement grade separation between rail crossings separation between rail crossings and and roadways at Santa Ana roadways at Santa Ana Boulevard. Boulevard, Seventeenth Street, Received RAISE grant in the amount of and Grand Avenue. $75M for right of way acquisition and construction. Mobility 2.6 No Regional transit planning. PWA / PBA 2022-2035 Deferred to 2025 in coordination with Develop the Santa Ana Regional / CDA the OC Streetcar project. Transportation Center (SARTC) Master Plan. Mobility 2.7 No Wayfinding program. Refine the PWA 2022-2035 Pursuing funding for outreach and City's wayfinding signage program consultant work. to direct travelers to activity centers, Downtown, and Civic Center. Mobility 3.1 No Active transportation planning. PWA 2022-2035 Staff continued to implement elements Develop and pursue of the Active Transportation Plan as implementation of a funding became available. comprehensive active transportation plan. City Council 7 — 84 5/6/2025 50 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Mobility 3.2 No Circulation connectivity. Close the PWA / Ongoing Continued to analyze Class 1-4 options Golden Loop network between PRCSA in an effort to complete the Golden Memory Lane and Santiago Creek Loop Network. and between Santiago Park and Lincoln Avenue/Santiago Street. Mobility 3.3 No Pedestrian accessibility. PWA Ongoing PWA reviewed all submitted land Implement the City ADA Transition development projects to determine Plan to cost-effectively enhance whether proposed private pedestrian accessibility, with improvements caused additional need guidance from the Sidewalk for pedestrian facilities, and where Connectivity Plan. applicable and feasible, required improvement such as new sidewalk and access ramps. Mobility 3.4 No Pedestrian opportunity zones. PWA / PBA 2022-2035 PWA and PBA are working with the Prepare public realm plans in selected firm Torti Gallas and Partners pedestrian opportunity zones to create Public Realm Plans for 5 focus areas in the City; South Main Street, Grand Avenue and 17th Street, West Santa Ana Boulevard, 55 Freeway and Dyer Road, and South Bristol Street. The project is expected to be fully completed March 2026. Mobility 3.5 Yes Safe routes to schools and parks. PWA / Ongoing Pursuing funding for SRTS Develop and pursue PRCSA improvements. SRTP will start in 2025. implementation of a Safe Routes to School Plan and a Safe Routes to Parks Plan Mobility 3.6 No Drinking water access. Create a PWA 2022-2035 Continued to expand the installation of network of public water fountains drinking fountains and bottle filling / bottle fill stations that promote stations throughout city parks and the City's award -winning water, facilities. conservation, and substitution of City Council 7 — 85 5/6/2025 51 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE bottled water for affordable public drinking water Mobility 4.1 No Municipal Code update. Amend PBA 2024 Maintained vehicle miles traveled the code to require parking (VMT) guidelines in compliance with SB studies to evaluate requests for 743. parking reductions in all development projects. Mobility 4.2 No Downtown transportation PWA / PBA 2025 OC Streetcar is scheduled to be in planning. Prepare comprehensive / CDA operation by Spring 2026 in order to Downtown transportation and provide additional public transit parking management plan that options. involves Downtown stakeholders and addresses downtown activity, economic growth, and operational improvements. Mobility 4.4 No Residential parking. Reevaluate PWA Ongoing Continued reevaluation of the the Residential Permit Parking Residential Permit Parking Program to Program to ensure it complies ensure it complies with state law and with state law and best practices. best practices. Mobility 4.5 Yes Citywide Design Guidelines PBA / PWA 2022 - 2027 The City continued to work with the update. Update the Citywide planning consulting firm Moore, Design Guidelines to strengthen lacofano, Goltsman, Inc. (MIG) to pedestrian and cyclist linkages to comprehensively update and development centers and modernize all aspects of the City's residential neighborhoods and Zoning Code. The update also includes coordinate on -site landscape with retooling and updating development public realm landscaping. practices and processes. In 2024, the City completed round one of community engagement, an integral part to the City's Zoning Code Update process. Round 1 consisted of community stakeholder interviews, a Community Planning Collaborative City Council 7 — 86 5/6/2025 52 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE training, six community workshops, and two business community workshops. In addition to engagement activities, the team completed analysis of the existing code and began preparing sections of the draft update. Mobility 4.6 No Safe travelways. Provide City PWA Ongoing PWA reviewed all submitted land interagency review of physical development projects to determine if improvements and related design proposed private improvements caused standards within travelways and additional need for all modes of safe the public realm. travel, and where applicable and feasible, require improvements such as new medians, driveways, parkways, trees, street lights, bike lanes, sidewalks, and travel lanes. Mobility 4.8 No Ensure safety. Utilize the City's PWA Ongoing Continued to utilize the City's project review processes to Development Review Committee and identify and maintain landscaped project review processes to identify setbacks along public rights -of- and maintain landscaped setbacks way. along public rights -of -way. Mobility 4.10 No Vehicle miles traveled. Maintain PWA / PBA Ongoing Maintained vehicle miles traveled vehicle miles traveled (VMT) (VMT) guidelines in compliance with SB guidelines in compliance with SB 743. 743. Mobility 4.11 No Cross -agency coordination. PWA Ongoing Continued to maintain ongoing Maintain ongoing coordination of coordination of land use and land use and transportation transportation impacts through joint impacts through joint powers powers authority agreements with authority agreements with adjacent jurisdictions. adjacent jurisdictions. Mobility 4.12 No School partnerships. Pursue PWA / PD Ongoing Continued to pursue partnerships with partnerships with local school local school districts to improve districts to improve coordination coordination of review process for new City Council 7 — 87 5/6/2025 53 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE of review process for new and and rehabilitated school facility rehabilitated school facility improvements, to promote safe and improvements, to promote safe well -designed student pick-up/drop- and well -designed student pick- off. up/drop-off. Mobility 5.1 No Safe travelways. Continue design PWA Ongoing Continued design practices that practices that facilitate the safe facilitate the safe use of the travelways. use of the travelways. Mobility 5.2 No Street designs. Participate in state PWA Ongoing Continued to participate in state and and regional transportation regional transportation agency forums agency forums to affect policies to affect policies for universal street for universal street design design standards to ensure standards standards to ensure standards are are user friendly, cost-effective, and user friendly, cost-effective, and sustainable. sustainable. Mobility 5.3 No Street improvements. Incorporate PWA Ongoing Continued practice of incorporating low impact development (LID) stormwater BMPs to treat or infiltrate strategies to infiltrate, treat, or stormwater runoff in public works harvest urban stormwater runoff projects. in street improvement projects. Mobility 5.4 No Municipal/development code PWA 2025 In 2024, the City made progress on the update. Update the City's design Comprehensive Zoning Code Update, standards and municipal codes which includes updating the City's regarding landscaping and design standards regarding amenities in the public realm and landscaping. street parkways, to promote aesthetically pleasing and In addition, PWA and PBA are working sustainable corridors. on Public Realm Plans for 5 focus areas in the City. The effort involves coordination with the Comprehensive Zoning Code Update team to ensure the design standards in the focus areas City Council 7 — 88 5/6/2025 54 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE integrate with amenities in the public realm and street parkways. Mobility 5.5 No Tree preservation. Re-evaluate PWA 2022-2035 In 2024, PWA continued services to the City's street tree maintenance ensure the long-term sustainability of and preservation programs to the City's inventory of 50,000 City right - ensure fiscal sustainability and of -way trees. All services performed aesthetically pleasing trees over were in accordance to industry the long term. standard best practices set forth by the International Society of Arboriculture (ISA). Mobility 5.6 No Traffic calming. Develop or update PWA Ongoing Continued to develop and/or update neighborhood traffic management neighborhood traffic management plans to facilitate traffic calming plans to facilitate traffic calming measures appropriate and measures appropriate and reasonable reasonable for the area. for the area. Mobility 5.8 Yes Air quality improvements. PBA / PWA 2021-2035 Continued construction of various Participate in inter -jurisdictional bikeways. efforts to promote improvements in air quality and to meet state and federal mandates through advanced technology and TDM programs. Mobility 5.9 No Rail service. Coordinate with rail PWA Ongoing Continued to coordinate with rail and and transit service providers to transit service providers to address address aesthetics, ongoing aesthetics, ongoing maintenance, maintenance, safety, and noise safety, and noise concerns along rail concerns along rail corridors. corridors. Submitted grant applications for grade separation projects. Mobility 5.10 No Street medians. Complete PWA 2022-2035 Continued design practices that construction of medians on major facilitate the safe use of the travelways. arterial streets City Council 7 — 89 5/6/2025 55 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Mobility 5.11 No Underground utilities program. PWA 2022-2035 Continued to underground utilities as Continue to implement the part of projects as funds are available. program to underground utilities In 2024 undergrounding of utilities on on arterial streets. Warner Avenue widening is ongoing and undergrounding on Bristol street has begun. Staff continues to coordinate with CPUC, SCE and communications utilities to underground utilities. Mobility 5.12 No Transportation network. Provide PWA Ongoing Continued to provide upkeep of the upkeep of the City's City's transportation network based transportation network based upon an established maintenance upon an established maintenance schedule. schedule. Noise 1.1 No City equipment. As feasible and PWA / Ongoing Continued to, as feasible and practical, practical, new equipment Finance procure new equipment that meet purchased by the City will meet noise performance standards noise performance standards consistent with the best available noise consistent with the best available reduction technology. Increased noise reduction technology. number of electric vehicles. Noise 1.2 No OC Streetcar. Monitor PWA Ongoing The City continued to coordinate with implementation of mitigation Orange County Transportation measures outlined in the Final Authority and contractor on all aspects Supplemental Environmental of the OC Streetcar construction, Impact Report for the OC including ensuring mitigation measures Streetcar. are implemented. City staff attend weekly construction meetings and provide oversight inspection of construction activities and NPDES compliance. Noise 2.1 No Alternative paving. Evaluate the PWA 2024 In 2024, Staff has recommended a use of alternative paving materials number of cost-effective strategies for City Council 7 — 90 5/6/2025 56 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE that can reduce traffic noise, as pavement preservation including the feasible, depending on roadway use of rubberized pavements to reduce conditions and cost -efficiency. noise. Some strategies include the use of Asphalt Rubber Hot Mix (ARHM), Asphalt Rubber Aggregate Membrane (ARAM), and has reviewed feasibility of utilizing various recycling techniques such as Cold In -Place Recycling (CIR) and Full Depth Reclamation with Cement (CTB). Noise 2.2 No Freeways. Continue cooperation PWA Ongoing Continued cooperation with Caltrans in with Caltrans in the planning of the planning of noise attenuation along noise attenuation along freeways freeways and assist with outreach and assist with outreach efforts to efforts to notify residents of major notify residents of major projects projects that may impact noise levels that may impact noise levels and and aesthetics. aesthetics. Noise 2.4 No Rail coordination. Continue to PWA Ongoing Continued to work with rail owners and work with rail owners and operators to manage existing quiet operators to manage existing zones, monitor safety adjacent to quiet zones, monitor safety railroad tracks, and consider feasible adjacent to railroad tracks, and alternatives that reduce noise. consider feasible alternatives that reduce noise. Noise 2.5 No Site design and technology. PBA Ongoing Required that the parking structures, Require that the parking terminals, and loading docks of noise - structures, terminals, and loading generating land uses be designed to docks of noise -generating land minimize the potential noise impacts of uses be designed to minimize the vehicles on -site and on adjacent land potential noise impacts of vehicles uses. Encouraged and/or required on -site and on adjacent land uses. feasible technological options to Encourage and/or require feasible reduce noise to acceptable levels. City Council 7 — 91 5/6/2025 57 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE technological options to reduce noise to acceptable levels. Noise 2.8 No Nuisance noise. Review all permit PBA Ongoing Reviewed all permit applications, applications, including special use including special use permits, for permits, for potential noise potential noise impacts. Utilized impacts. Utilize existing noise existing noise ordinances and ordinances and antinuisance antinuisance statutes to reduce the statutes to reduce the occurrence occurrence of nuisance noise of nuisance noise violations. violations. Noise 3.1 No Aircraft altitude standards. PBA Ongoing Reviewed all permit applications, Continue working with the Federal including special use permits, for Aviation Administration to potential noise impacts. Utilized determine appropriate altitude existing noise ordinances and standards for aircraft flying over antinuisance statutes to reduce the congested areas, considering occurrence of nuisance noise public health and safety. violations. Noise 3.2 No Helicopter noise. Continue PBA Ongoing Continued to cooperate with the Fire cooperation with the Fire Department and Metropolitan Water Department and Metropolitan District to minimize noise conflicts Water District to minimize noise associated with helicopter activity. conflicts associated with helicopter activity. Noise 3.3 No Local coordination. Work with the PBA Ongoing Continued to work with the Airport Airport Land Use Commission to Land Use Commission to ensure that ensure that local noise concerns local noise concerns are proactively are proactively addressed. addressed. Open Space 1.1 No Park needs assessment and PRCSA 2022 Consistent with the adopted Parks master plan. Create, adopt, and Master Plan, the interagency open implement a park needs space forum meets monthly to discuss assessment and master plan, and explore opportunities for property based on community input, acquisitions for park land. A land defining park service areas acquisition matrix has been developed according to best practices, to score the feasibility of acquiring land City Council 7 — 92 5/6/2025 58 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE establishing a service area for for the purpose of new park each park facility, creating a tool development, expansion of existing to evaluate needs and prioritize park space etc. improvements by quadrant or appropriate geographic subarea, and maintaining a list of priorities for the expansion and improvement of open space and recreational facilities in each quadrant or geographic subarea to attain a park land standard of three acres per 1,000 residents. Open Space 1.2 Yes Interagency Forum. Convene an PRCSA 2022 The interagency open space forum interagency forum to take a continues to meet monthly to discuss coordinated approach to and explore opportunities for property evaluating the feasibility for acquisitions for park land. A feasibility converting City -owned properties study is currently underway for land to parkland, with special focus in acquisition consideration in the park deficient and environmental Washington Square Neighborhood. justice areas. Open Space 1.3 No Annual Open Space Summit. PRCSA 2023 & Conducted an Open Space Summit with Convene an annual forum to bring Ongoing staff members from CMO, PWA, PRCSA, together City interagency staff, CDA, PBA, and Finance. community leaders, and private enterprise to establish goals for park acquisition and review a status report of metrics associated with progress. Open Space 1.4 No No -net -loss of parkland. Establish PRCSA 2022 Continued working with the Water land use provisions in the Department to establish new business Municipal Code that prevent a net practice to offset properties lost to loss of public parkland in the City water facilities placed within park of Santa Ana. Require at least a designated areas. City Council 7 — 93 5/6/2025 59 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE 1:1 replacement if there is any loss of public parkland or City - owned open space due to public or private development. Open Space 1.5 No Park Opportunity Fund. PRCSA 2022 & Began discussion about creating an Incorporate General Funds, ongoing enterprise fund and leveraging existing cannabis revenues, and private park in -lieu and residential fees to donations into an established Park assist PRCSA/PWA in acquiring Opportunity Fund to leverage for additional open space for park matching grants and have monies opportunities available when opportunities arise for new park acquisition. Open Space 1.6 No Development fees. Update the PRCSA 2022 PWA has retained a consultant who is City's Acquisition and preparing a development impact fee Development Ordinance to study for the agency, which includes increase the parkland dedication assessing and updating our current requirements to meet three acres residential development fees. of parkland per 1,000 residents. Require that fees collected in place of parkland dedication to be utilized to acquire or expand facilities within geographic proximity to new development or parkland deficient areas. Open Space 1.7 Yes Public parkland requirements for PBA / 2022 PWA has retained a consultant who is residential projects. Update the PRCSA preparing a development impact fee Residential Development Fee study for the agency, which includes Ordinance for large residential assessing and updating our current projects, which include projects of residential development fees. 100 residential units or more, to require public parkland within the City limits and a 10-minute City Council 7 — 94 5/6/2025 60 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE walking distance of the new residential projects. Open Space Yes Open space and park land PBA & 2022-2027 Made progress with the 1.7A incentives. Allow developers a PRCSA Comprehensive Zoning Code Update, reduction in on -site open space by which may include an allowance for the giving credits for park land for reduction in on -site open space if public use. Establish a process and projects include publicly accessible program to incentivize developers open space. The effort includes to provide additional on -site consultation with community members and/or publicly accessible open through stakeholder workshops. 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. Open Space 1.8 No Park Foundation. Establish a PRCSA 2023 & City Staff will explore the opportunity 501(c)(3) Parks and Recreation ongoing to hire a contractor to draw up the Foundation to establish paper to establish a 501 (c ) (3) Parks fundraising support for Santa Foundation for and through PRCSA. Ana's park system. Identify communication protocols, roles and responsibilities, and bylaws. Open Space 1.9 No Right-of-way use. Coordinate with PRCSA / Ongoing The City transformed three rights -of - public agencies, railroads, and PWA ways into open space (King St.; Walnut utilities to determine the Urban Greening Project; and 10th and feasibility of acquiring the use of Flower). rights -of -way for restricted use by the public. City Council 7 — 95 5/6/2025 61 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Open Space Yes New parkland collaborative. PRCSA 2022 & The interagency open space forum 1.10 Coordinate with property owners Ongoing continues to meet monthly to discuss to explore options to provide and explore opportunities for property public access and programming on acquisitions for park land. A land privately -owned open space in acquisition matrix has been developed park deficient areas, including to score the feasibility of acquiring land options to acquire land through for the purpose of new park purchase, land dedication, development, expansion of existing easements, and land leases that park space etc. would allow for permanent or temporary public use of land for open space and recreational opportunities. Open Space Yes Joint -use agreements. Coordinate PRCSA 2022 & The Technical Advisory Committee with 1.11 with public school districts, private Ongoing the Santa Ana Unified School District schools, and other community continues to meet monthly to discuss organizations to provide the opportunity to improve Joint Use community members with access locations and to align efforts and to additional open space and leverage resources between the City recreational resources. and SAUSD. Recently, the City has begun taking over the maintenance and operations of Griset Park. In addition, there are discussions about creating a new JUA for Spurgeon Park and a parcel South of Edinger and West of Bristol on SAUSD owned land. Open Space No Santa Ana River. Update the PRCSA / 2024 State Coastal Conservancy funds were 1.12 Santa Ana River Vision Plan to PWA received which enabled habitat expand opportunities to renovation in Santiago Park (Phase 2). reintroduce natural elements, The future Dog and Family Recreational increase habitat, and provide Area at Centennial Park will feature a more recreational opportunities. Santa Ana Riverbed connection once completed. City Council 7 — 96 5/6/2025 62 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Open Space Yes New programming in PRCSA 2022 The RecreAuto Mobile Recreation 1.13 underserved areas. Partner with Transport Van is delivering recreation community organizations to offer opportunities to park deficient areas of new programs that are accessible Santa Ana. Through the Walnut Street to residents who live in areas Urban Greening Project, the City is underserved by open space and currently meeting with the community recreational facilities. Develop a to look at how we can activate the comprehensive partnership policy space through programming. providing guidelines that can be used throughout the City organization. Open Space Yes Community partnerships. PRCSA Ongoing PRCSA has established multiple 1.14 Continue building partnerships partnerships with private, public and with community -based CBO's throughout the City and beyond organizations that administer to enhance activities, programs and social services to the elderly, events. Currently, PRCSA has youth, and other special needs partnership agreements with UCI, the groups; create use agreements for Anaheim Ducks, the LA Clippers, these providers to use public park AASCSC, Project Kinship, Rove, SCAN, facilities to meet the recreational and Volkswagen. and educational needs of these groups. Open Space Yes Community input. Identify and PRCSA 2022 City staff regularly attend 1.15 utilize multilingual and interactive neighborhood association meetings, community engagement tools, host community workshops during the initiated through the Parks and concept and design project and Recreation Master Plan, for development process, as well as, residents and facility users to conducting crowd sourcing campaigns provide ongoing input about open via multiple digital platforms to space needs, park design, facility received community feedback. The improvements, and programming PRSCA has continued to communicate in English, Spanish and Vietnamese in all marketing collateral, including Social City Council 7 — 97 5/6/2025 63 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Media platforms. The Cultura publication is delivered in both English and Spanish versions digitally. Open Space Yes Acquisitions to meet park PRCSA 2022 & The City is currently looking at other 1.16 standard. Using the Park Master ongoing acquisition opportunities to continue Plan as guidance, identify and the momentum of FY 2023-24 acquire property within the City acquisitions. This includes looking at for park and open space use which remnant parcels resulting from street will focus on bringing the park and widening, City owned vacant parcels, recreation system to three acres street closures and land swaps. of land per 1,000 residents with a plan to keep pace with future urban growth. Open Space 2.1 No Public safety audits. Conduct PD / PBA / 2023 As part of the Parks Master Plan public safety audits to determine PRCSA Roadshow, City Staff will incorporate areas with the highest levels of both hard copy evaluations and digital crime; pursue funding to create evaluation opportunities to receive public safety programs based on feedback from the community on what the recommendations from the services, activities and programs they audits. Avoid aspects of public want to see in the future. safety that privatize or segregate open space and recreation facilities. Open Space 2.2 No Enhanced safety features. Provide PRCSA 2022 It is now standard practice to include enhanced lighting, cameras, or security cameras on all new other security features that would development projects (i.e. Memorial enhance the safety or perceived Park Aquatics Facility, Gerardo Mouet safety of parks, trails, and other Park, Ed Caruthers Park, and, the Santa public spaces; seek grant funding Ana Stadium.) Park Sports and security to improve safety measures and lighting continues to be an initiative of program facility improvements PRCSA administration in all new and into the Capital Improvement existing park spaces. Program each year. City Council 7 — 98 5/6/2025 64 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Open Space 2.3 No Park Patrol. Provide continuous PRCSA 2022 Thornton Park Host program has been evaluation of existing security extended to December 2025; Lyons program and look at ways to Security continues to patrol parks enhance and strengthen; consider throughout the City, SAPD is attending formation of neighborhood watch Neighborhood Association meetings to group, park host, or other similar encourage the formation of program. Neighborhood Watch groups. Open Space 2.4 No Public notification. Prior to PRCSA / 2022 Developing "Park Services" component treating areas in the city with PWA of Public Works Agency website to post pesticides or herbicides, inform online notifications. Creation of site - the public through signage posted specific signage that will be posted in in impacted areas, direct mailers, impacted areas. Updated contract and announcements on the City documents to require that only organic website, cable channels, pesticides and herbicides be used in publications, and the City's social park facilities. media platforms. Open Space 2.5 No Healthy amenities. As facilities are PRCSA 2021 & Community Gardens across the City upgraded, include amenities that ongoing now offer expanded hours and have improve the health and wellness seen increased participation, of residents, including hydration supporting healthier lifestyles and stations and shading devices. greater community engagement. The Health & Wellness Section continues to promote active living through a variety of fitness activities. New outdoor fitness zones have been installed at Ed Caruthers and Gerardo Mouet Parks, providing accessible exercise opportunities in neighborhood settings. Hydration stations have also been added at Jerome Recreation Center and Portola Park to encourage wellness and sustainability. Moving forward, all new playground installations will City Council 7 — 99 5/6/2025 65 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE incorporate shade structures as a standard design element, enhancing comfort and sun safety. This standard is already in place at the recently completed Gerardo Mouet Park and George Upton All -Access Park. Open Space 2.6 No Healthy indoor options. Explore PRCSA 2023 Expanded recreational center program options to incentivize or require options at Jerome and Salgado the provision of indoor recreation Community Centers, including adult space, particularly in Men's & Women's Basketball, Latin environmental justice areas that Zumba Fitness classes, Gymnastics, experience high levels of exposure Bodywork Fitness, and Body in to air pollution. Movement. Open Space 2.7 No Universal access. Explore options PWA 2024 Procured the services of a consultant to for the systematic completion of assist with modernizing the ADA Americans with Disabilities Act Transition Plan and assist with a self- (ADA) compliance upgrades for all evaluation of our organization that is City facilities. currently being worked on. Open Space 2.8 No Public input. Establish a PRCSA 2023 City staff regularly attend procedure to collect community neighborhood association meetings, input regarding park design and host community workshops during the programming at the beginning of concept and design and development the planning process whenever a process, as well as, conducting crowd new facility is proposed or when sourcing campaigns via multiple digital redevelopment of an existing platforms to received community facility is under consideration. feedback. The PRSCA has continued to communicate in English, Spanish and Vietnamese in all marketing collateral, including Social Media platforms. The Cultura publication is delivered in both English and Spanish versions digitally. City Council 7 — 100 5/6/2025 66 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Open Space 2.9 No Hours of operation. Evaluate PRCSA 2022 Park Hours of Operation have been hours of operation for parks, standardized for all park locations to be community centers, and other 6:00 a.m. until 10:00 p.m. facilities. Consider the option to extend hours of operation to meet community needs. Open Space No Evaluate programming. Evaluate PRCSA 2022 & As part of the Parks Master Plan 2.10 recreational programming annually Roadshow, City Staff will incorporate through participant service both hard copy evaluations and digital assessment and online public evaluation opportunities to receive opinion surveys on a periodic basis feedback from the community on what to identify needed and desired services, activities and programs they programs. want to see in the future. Open Space No Program and facility fees. PRCSA 2022 & PRCSA routinely conducts a fee survey 2.11 Evaluate program and facility ongoing to determine what price point are rental fees to ensure that exceeding, are at or are under market programming is sustainable, and value for similar services provided by fees are equitable and neighboring and regional appropriate. municipalities. Based on cost recovery figures in FY 23-24 PRCSA's ROI is roughly 24%. Open Space 3.1 No Park and facility maintenance PRCSA 2022 Recent decision made at Executive resources. Evaluate and identify Management level to rescind the funding, staffing and resources moratorium of new cell phone towers needed to provide quality with the objective to increase potential preventative and routine revenue. Cell tower fees are dedicated maintenance for existing sites as to ongoing and deferred park well as planned parks and maintenance. facilities. Open Space 3.2 No Deferred maintenance. Assess the PRCSA 2022 & Using facility assessments done during condition of parks and facilities, ongoing the Park Master Plan development, identifying deficiencies, repairs Park Services continues to address and replacements needed, deferred maintenance in park system. City Council 7 — 101 5/6/2025 67 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE including cost estimates. Include facility improvements in the Capital Improvement Program. Open Space 3.3 No Asset management. Forecast and PRCSA 2022 & Continued discussions to identify life track facility lifecycle to plan for ongoing cycle of all PRCSA/PWA assets to the ongoing needs for park and determine both ongoing and deferred landscaping renovations and maintenance timelines. replacement. Open Space 3.4 No Green infrastructure. Identify and PRCSA 2022 & Continued to practice green design, apply funds to implement ongoing such as waterwise planting, drip environmental design practices irrigation and stormwater capture and such as integrating and treatment. The City is investing $29 maintaining native plants, million dollars for the new Memorial additional trees, bioswales, and Park Aquatics Center (MPAC), which other natural and green will be fully solar powered. infrastructure into targeted sites to support sustainability, reduced water and maintenance costs, natural resource protection, environmental education/interpretation, and connections to nature. Open Space 3.5 No Urban Forestry Plan. Coordinate PRCSA 2022 & Park Services continues to seek grant with other City agencies to ongoing funding to hire consultant to prepare develop, implement and maintain an urban forestry plan. Plan shall a citywide tree preservation include policy to protect historic trees. ordinance and Urban Forestry Plan for parks and open space that provides air pollution mitigation, microclimate modification, noise reduction, and offers an area of recreation, rest, and education. City Council 7 — 102 5/6/2025 68 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Public Services No Equity audit. Conduct an audit of PRCSA / 2023 PRCSA and PWA have recently 1.1 the equitability of where and how PWA extended a contract to Placer Al who public facilities and services are will assist in evaluating how the Santa provided throughout the city; Ana community utilizes open space develop and implement an action during passive and active activations plan to improve the equitability of throughout the year. Based on data the provision of public facilities received both agencies will develop a and services based on the findings prioritization exercise to determine of the audit. next steps forward. Public Services No Accessibility audit. Alone or in PWA 2024 Continued to implement accessibility 1.2 conjunction with the equity audit, (ADA) improvements as part of all conduct an audit of accessibility at capital improvement projects. City -owned public facilities in accordance with the Americans with Disabilities Act (ADA); development and implement an action plan to remedy ADA accessibility shortcomings. Public Services Yes Fiscal priority for public CIVIC) 2021 & Staff worked with City Budget Manager 1.4 improvements. Identify City fiscal annually to schedule a segment of community and operational procedures and budget meetings in EJ areas, provide potential thresholds involved in interpreting in English/ Spanish, and the prioritization of general funds bring translated material to ensure for public programming, service, community members fully participate or infrastructure improvements in the City budget process. for residents living within environmental justice area boundaries. Public Services No Public -private partnerships. PRCSA 2022 PRCSA has established multiple 1.5 Explore methods to upgrade partnerships with private, public and public facilities and services CBO's throughout the City and beyond through public -private to enhance activities, programs and partnerships. events. Currently, PRCSA has City Council 7 — 103 5/6/2025 69 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE partnership agreements with UCI, the Anaheim Ducks, the LA Clippers, AASCSC, Project Kinship, Rove, SCAN, and Volkswagen. Public Services No Capital Improvement Program. PWA Ongoing Continued to make improvements to 1.6 Conduct annual review and the CIP database for ease of project update of the Capital data entry and reporting. Trained Improvement Program to ensure citywide staff on Capital budget entry. adequate and timely provision of public facility and municipal utility On an annual basis, implement the provisions. Capital Improvement Program (CIP) in alignment with Planning Commission consistency and Citywide budget adoption, as well as amend the CIP as - needed throughout the Fiscal Year to add funds for additional project/scope delivery. Public Services No Infrastructure master plans. PWA Ongoing Continued to implement master plan 1.7 Perform periodic (approximately project recommendations and plan for every 10 years) water/sewer the performance of master plan resource studies and master plans updates. Storm drain master plan has to identify deficiencies and been updated within the last 10 years deferred maintenance for the to identify project areas and seek city's infrastructure systems, funding for implementation. Beginning including cost estimates; develop in 2023 and continuing in 2024, the nexus calculations to determine Pavement Management System (PMS) new development's fair share cost commenced an update of the to upgrade infrastructure systems. pavement condition analysis of all roadways and alleys in the City for the bi-annual update. The City secured $4.67 million in competitive statewide grant funding from the Department of Water Resources to implement a Storm City Council 7 — 104 5/6/2025 70 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Drain Master Plan top 10 recommended project. The City also continued to make progress on a Stormwater Project Master Plan, which includes a detailed analysis of the City to identify optimal locations for stormwater projects. Public Services No Secondary use of City -owned PWA 2023 Work continues to identify lots for 1.8 infrastructure. Identify City water acquisition to accommodate recreation facilities that can accommodate and/or public art amenities. recreation and/or public art amenities Public Services No Alternative energy for water PWA 2022 PWA Water Resources secured a grant 1.9 resources. Identify projects from for alternative energy source. the completed Alternative Energy Continues to work in securing Feasibility Study for water consulting firm/s for design services resources, to be included in the Capital Improvement Plan. Public Services No Comprehensive Safe Schools PWA 2030 Continued to implement elements of 2.9 Plan. Coordinate with local school the existing Safe Routes to School Plan districts on an ongoing basis to as funding becomes available. assist in the review and update of a Comprehensive Safe School Plan for each school in Santa Ana. Public Services No Urban vehicle study. Work with PD / OCFA Ongoing The City's Development Review 2.16 emergency responders to ensure Committee continues to review that vehicles can efficiently proposed development to ensure navigate an increasingly urban compliance with emergency vehicle environment with narrower lanes access standards. and tighter turn radii. Evaluate all new development projects to ensure emergency vehicle accessibility. City Council 7 — 105 5/6/2025 71 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Public Services No Stormwater management. PWA Ongoing In 2024, the City verified installation of 3.1 Require all new development and stormwater infiltration or treatment significant redevelopment projects BMPs at twenty-one (21) new within the city to incorporate best development and significant management practices for redevelopment projects, totaling 51.56- stormwater capture and acres of treatment area. treatment per municipal NPDES (National Pollutant Discharge Elimination System) permit requirements. Public Services No Urban runoff mitigation. Require PWA Ongoing In 2024, the City verified installation of 3.2 new development and substantial stormwater infiltration or treatment remodels to prepare and submit BMPs at twenty-one (21) new an urban runoff mitigation plan to development and significant the City's Engineering Division. redevelopment projects, totaling 51.56- acres of treatment area. Public Services No Utility improvements. Prepare a PWA 2021 & The City's Public Works Agency initiated 3.5 study to inform determining the ongoing development of impact fee study in fair share costs of necessary Fiscal Year 2023/2024 to determine fair water, sewer, and storm drain share costs for land development improvements for projects in land projects. use focus areas. Public Services No Wastewater treatment. Continue PWA Ongoing Continued to collaborate with regional 3.6 to collaborate with regional partners to capture, treat, and recycle partners to capture, treat, and wastewater. recycle wastewater. Public Services No Water quality. Continue PWA Annually In 2024, the City participated in and 3.7 participation in international taste was awarded the Gold Medal at the competitions to foster awareness Berkeley Springs International Water of high -quality public water and Tasting Contest, which promotes and community pride. fosters awareness of high -quality public water and community pride. City Council 7 — 106 5/6/2025 72 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Public Services No Water quality report. Continue to PWA Ongoing Continued to publish the annual water 3.8 publish the annual water quality quality report on the City's website and report on the City's website and advertise it to the community. advertise it to the community. Public Services No Emergency water. Coordinate PWA Ongoing Continued to Coordinate with 3.9 with neighboring water utilities to neighboring water utilities to continue continue multiple emergency multiple emergency interconnection interconnection practices and practices and maintain mutual aid maintain mutual aid program program participation. participation. Public Services No Water -efficient programs. PWA Ongoing In 2024, the City verified installation of 3.10 Continue to collaborate with stormwater infiltration or treatment regional water agencies to BMPs at twenty-one (21) new promote and provide resources development and significant and rebates for the installation of redevelopment projects, totaling 51.56- water-efficient fixtures and acres of treatment area. landscapes. Public Services No Service rates. Continue to PWA Ongoing Continued to evaluate cost of service 3.11 perform periodic (approximately and rates to retain prudent affordable every five years) cost of service water and sewer rates. studies and recommend prudent affordable water and sewer rates. Public Services No Administrative streamlining. PBA 2023 The City updated its electronic plan 3.13 Research best practices for review software to ProjectDox as part streamlining administrative of its effort to streamline the permit processes and providing services and planning process for new online. Survey city customers to construction, redevelopment, and identify optimal service models. other city -related projects. In October 2024, the City kicked -off development of a new land management and permitting software. City Council 7 — 107 5/6/2025 73 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Public Services No Technology upgrades. Prepare a PBA / 2022 - 2024 The City updated its electronic plan 3.14 schedule of technology upgrades Finance review software to ProjectDox as part and necessary resources to of its effort to streamline the permit expand online services that and planning process for new maximize economies of scale and construction, redevelopment, and inter -department solutions. other city -related projects. Upgrades should include both physical and process In October 2024, the City kicked -off improvements, such as development of a new land establishing electronic plan management and permitting software. checking, the digitization of City records and the citywide records management process, and online appointment scheduling system. Safety 1.1 No Agency coordination. PBA Ongoing The California Department of Water Communicate with FEMA annually Resources (CDWR) is the agency regarding updates to Flood contracted by FEMA to manage Insurance Rate Maps and Letter of compliance with FEMA standards. The Map Revisions. City communicated with CDWR representatives and determined there were no changes to the maps in 2024. Safety 1.2 No Flood resistant buildings. Require PBA Ongoing Continued to require that new that new structures in or near a structures in a 100-year floodplain be 100-year floodplain be sited and sited and designed to meet all designed to be flood resistant and applicable codes and standards. not inhibit flood flows. Retrofit existing critical facilities within the floodplain to maintain structural and operational integrity during a flood. Safety 1.3 No Best Practices. Periodically review PBA / PWA Ongoing Continued to review county, state, and county, state, and federal flood federal flood control best practices and control best practices and City Council 7 — 108 5/6/2025 74 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE incorporate appropriate standards incorporate appropriate standards into into the Municipal Code. the Municipal Code. Safety 1.5 No Grants. Work with the Orange PWA Ongoing In 2024, the City was awarded $3.1 County Flood Control District to million of competitive local grant apply for grants that provide funding from the Orange County funding for local drainage Transportation Authority's controls. FEMA's Hazard Environmental Cleanup Program for Mitigation Grant and Flood stormwater capture projects. These Mitigation Assistance Programs projects include stormwater Best and Predisaster Mitigation Management Practices (BMPs) that Program, CaIEPA, and the State capture and infiltrate stormwater Water Resources Control Board runoff, helping to reduce flooding, offer grants to municipalities improve water quality in the Newport throughout California. Bay Watershed, and enhance local water supplies. The City also submitted a $17.1 million grant application to the USEPA Environmental and Climate Justice Community Change Grants Program for three (3) new parks along Bristol Street with stormwater capture and treatment. The City also completed construction of the King Street Urban Greening Project, which features a stormwater capture system, and continued to make progress on the Stormwater Project Master Plan. Safety 1.6 No On -site stormwater mitigation. PWA Ongoing The City's Public Works Agency reviews Require new development and all submitted land development significant redevelopment projects projects to ensure compliance with in the city to implement best applicable regulations and guidelines as management practices for on -site it relates to stormwater runoff. If stormwater retention, where applicable, developments are required feasible, and other low -impact to submit a Water Quality City Council 7 — 109 5/6/2025 75 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE development stormwater Management Plan (WQMP) for review infrastructure to reduce runoff and approval. The WQMP includes a and encourage groundwater variety of stormwater Best recharge. Management Practices (BMPs) to retain or treat stormwater runoff on - site and ongoing maintenance requirements. In 2024, the City verified installation of stormwater infiltration or treatment BMPs at twenty-one (21) new development and significant redevelopment projects, totaling 51.56- acres of treatment area. Safety 1.7 No Storm Drains. Continue to PWA Ongoing The City's Public Works Agency reviews maintain and seek opportunities all submitted land development to upgrade the City's storm drain projects to determine whether systems, where needed, with an proposed private improvements create emphasis on historical flooding increased stormwater runoff volumes. areas. This includes regular Where applicable and feasible, the City maintenance and cleaning of requires on -site retention and/or public storm drains and other flood stormdrain system upgrades. control structures so that In 2024, the City completed final design stormwater can be effectively of the Rousselle Street Flood Protection conveyed, and upgrading the Project, which is listed in the 2018 storm drain system where it is Storm Drain Master Plan as one of the known to be undersized. Top 10 Recommended Capital Improvement Projects. The Project is anticipated to start construction in April 2025. The City also removed approximately 84-tons of material from the stormdrain system. Safety 1.10 No Climate resiliency. Explore the PBA / PWA 2022 - 2024 The City's Public Works Agency will development of a climate build in an assessment of a climate City Council 7 —110 5/6/2025 76 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE adaptation plan to respond to the adaption plan in the current update to most significant potential climate the City's CAP. change risks and vulnerabilities identified in the vulnerability assessment and protect the natural and built environment, residents, visitors, economic base, and quality of life. Safety 2.3 No Waste drop-off facilities. PWA Ongoing The City continues to educate residents Continue to promote off -site on the annual no cost Used Oil Filter hazardous materials and/or Exchange Event conducted during May electronic waste drop-off. and June, through the Quarterly Santa Ana Green Newsletter and direct mail postcards. The City, through its waste hauler, conducts an Annual Household Hazardous Waste Drop -Off event and educates residents through the Quarterly Santa Ana Green Newsletter and direct mail postcards. The City continues to educate residents on the Orange County Household Hazardous Waste (HHW) Collection Centers through the Quarterly Santa Ana Green Newsletter. Residents may drop off their HHW at four locations in Orange County at no cost. The City's website contains information on these programs. Safety 2.4 Yes Lead contamination. Work with PBA / CDA Ongoing City's EJ Office convened biweekly lead local and regional partners, such action collaborative meetings and as Orange County Environmental partnered with CDPH's consultant Justice, Orange County Health selected for OC - Azure Development Care Agency and University of along with OCHCA, OCEJ, MPNA-GREEN City Council 7 —111 5/6/2025 77 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE California at Irvine Public Health, and UCI to promote lead testing and to understand the prevalence, lead hazard abatement program for OC sources, and implications of lead families in Santa Ana. City staff contamination of soil across Santa continued to seek funding/grants to Ana. Collaborate with further studies, lead testing, and environmental justice remediation projects related to lead stakeholders in proposing pollution. solutions to remove hazardous lead -contaminated soils in the city and with benchmarks to measure and track effectiveness of proposed programs. Safety 3.5 No High -risk facilities. Compile and PBA / OCFA 2025 The City's Public Works Agency initiated maintain a list of facilities that, the development impact fee study in because of population demands Fiscal Year 2023/2024 to determine fair (such as mobility issues at a share costs for land development nursing home), construction type, projects. location relative to a fault, or other factors, may have a high risk and require special response during a geologic or seismic event. Safety 4.1 No Coordination. Continue to PBA / PWA Ongoing Continued to collaborate internally and collaborate internally and with with adjacent jurisdictions, appropriate adjacent jurisdictions, appropriate agencies, and the Orange County agencies, and the Orange County Airport Land Use Commission as Airport Land Use Commission as needed on development applications needed on potential development and ongoing programs affecting land applications and ongoing use and development, affordable programs affecting land use and housing, transportation, infrastructure, development, affordable housing, resource conservation, environmental transportation, infrastructure, quality, and John Wayne Airport resource conservation, operations and improvement plans. environmental quality, and John City Council 7 —112 5/6/2025 78 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Wayne Airport operations and improvement plans. Safety 4.2 No Airport regulations and plans. PBA / PWA Ongoing Continued to comply with Federal Continue to comply with Federal Aviation Regulations and adhered to Aviation Regulations and adhere the John Wayne Airport Land Use to the John Wayne Airport Land Compatibility Plan, ensuring the safety Use Compatibility Plan to ensure of airport operations and of those future development ensures the living, working, and going to school in safety of airport operations and of Santa Ana. those living, working, and going to school in Santa Ana. Safety 4.3 No Development code standards. PBA 2022 - 2027 The comprehensive zoning code update Maintain and update as necessary is underway. As necessary, the City will the development code to update the development code to incorporate appropriate incorporate appropriate requirements requirements and standards to and standards to ensure airport safety ensure airport safety and and compatibility. compatibility. Urban Design No Public art program. Collaborate PBA / CDA 2022 The City's Arts and Culture Commission 1.1 with the Arts Director and continues to evaluate and recommend Commission to develop a citywide strategies for the Arts and Culture public art program. Pursue public Master Plan implementation. An art grant -funding opportunities. update to the Arts and Culture Master Evaluate the feasibility of revising Plan is currently being developed. the development standard to require public art as part of new development projects and/or imposing a public art impact fee on new development projects. Urban Design No Design guidelines. Update or PBA 2022 - 2027 PWA and PBA are working with the 1.2 develop design guidelines that selected firm Torti Gallas and Partners direct architectural design, to create Public Realm Plans for 5 focus building siting and orientation, areas in the City; South Main Street, City Council 7 —113 5/6/2025 79 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE neighborhood identity including Grand Avenue and 17th Street, West monumentation, wayfinding, Santa Ana Boulevard, 55 Freeway and placemaking elements, and other Dyer Road, and South Bristol Street. public realm features for transit- The project is expected to be fully oriented and higher intensity completed March 2026. areas. Urban Design No Signage. Update the zoning code PBA 2022 - 2027 The comprehensive zoning code update 1.3 sign regulations to incorporate is underway. As part of the effort, the best practices to establish a City will update sign regulations. cohesive identity and visually appealing integrated development or district. Urban Design No Public Safety Through PBA / PD Ongoing The City continues to implement 1.4 Environmental Design. Educate aspects of public safety through City staff on "public safety through environmental design through the environmental design" principles Development Review Committee's by sponsoring participation in review of new development workshops. Update existing design applications. guidelines and require any new design guidelines to include public safety through environmental design best practices. Avoid aspects of public safety through environmental design that privatize or segregate open space areas, recreation facilities, and neighborhoods. Urban Design No Emerging technology. Consider PBA / PWA 2022 - 2027 The comprehensive zoning code update 2.1 updating the zoning code to is underway. Through the process, the require mixed -use and multifamily City will consider requirements for residential projects to incorporate mixed -use and multifamily residential on -site lanes/spaces for projects to incorporate on -site transportation network City Council 7 —114 5/6/2025 so Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE companies (TNC) and other lane/spaces for transportation network emerging technologies. As parking companies. demand begins to outstrip parking supply in established business districts, conduct curbside management studies to identify pick-up and drop-off areas for TNC services to maintain the character of historic and established districts; reduce parking demand; limit vehicle idling, searching, and circling; and encourage pedestrian activity. Urban Design No Creative expression. Amend the PBA 2022 - 2027 The comprehensive zoning code update 2.2 zoning code to update the front is underway. Through the process, the yard fence requirements to City will consider amending front yard address innovative designs and fence requirements. neighborhood characteristics. Urban Design No Billboards. Amend the zoning PBA 2022 - 2027 The comprehensive zoning code update 2.3 code to update the Billboard is underway. Through the process, the Ordinance to reflect current City will consider amending the advertising practices and Billboard Ordinance. capitalize on the freeways that run through the city. Urban Design No Corridors. Update the zoning code PBA 2022 The comprehensive zoning code update 3.1 to require new development is underway. Through the process, the projects or major renovations City will update landscape standards along arterial roadways to meet that reflect the identify and values of the City's landscape standards and the adjacent values. to reflect of the identity and values of the adjacent neighborhoods. City Council 7 —115 5/6/2025 81 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE Urban Design No Multimodal transit facility design. PBA / PWA 2022 - 2027 PWA and PBA are working with the 3.2 Develop a unique public realm selected firm Torti Gallas and Partners plan for the land use focus areas to create Public Realm Plans for 5 focus and transit facilities to guide the areas in the City; South Main Street, design of landscape, hardscape, Grand Avenue and 17th Street, West and amenities to promote Santa Ana Boulevard, 55 Freeway and walkability and linkages to all Dyer Road, and South Bristol Street. modes of transportation, The project is expected to be fully consistent with the City's Active completed March 2026. Transportation Plan. Urban Design No Bicycle parking. Update design PBA / CDA 2022 - 2027 The comprehensive zoning code update 3.3 guidelines for safe and secure is underway. Through the process, the bicycle parking, and promote City will update standards for safe and bicycle access for special events. secure bicycle parking and consider Explore options to update the requiring secure bicycle parking for any zoning code to require secure new development project that has a bicycle parking for any new parking requirement. development project that also has a parking requirement. Urban Design No Cross -access. Amend the zoning PBA 2022 - 2027 The comprehensive zoning code update 3.4 code to require reciprocal access is underway. Through the process, the on commercial development City will amend the zoning code to projects adjacent to other require reciprocal access on commercially zoned commercial development projects developments. adjacent to other commercially zoned developments. Urban Design No Public realm impact fees. Create PWA / PBA 2022 PWA and PBA are working with the 3.5 and implement public realm selected firm Torti Gallas and Partners improvement impact fees to fund to create Public Realm Plans for 5 focus development and construction of areas in the City; South Main Street, public realm plan improvements. Grand Avenue and 17th Street, West Santa Ana Boulevard, 55 Freeway and Dyer Road, and South Bristol Street. City Council 7 —116 5/6/2025 82 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE The project is expected to be fully completed March 2026. Urban Design No Linear parks and trails. Within the PRCSA 2022 Completed concept design on the 3.6 parks master plan, address needs Bristol recreational corridor and the for off-street trails, including new Warner/Delhi linear park. In addition, linkages and linear park internal meetings with PWA were held improvements, such as lighting, to extend the Warner/Delhi linear park security features, signage, and an additional .25 mile. enhanced landscaping. Urban Design No Streetscape Improvements. PBA / PWA 2022 - 2027 PWA and PBA are working with the 3.7 Collaborate with community selected firm Torti Gallas and Partners organizations to conduct a to create Public Realm Plans for 5 focus citywide windshield study to areas in the City; South Main Street, identify arterial streets or Grand Avenue and 17th Street, West corridors in most need of Santa Ana Boulevard, 55 Freeway and comprehensive streetscape Dyer Road, and South Bristol Street. improvements. Identify funding or The project is expected to be fully resources to complete Public completed March 2026. Realm Plans for these corridors to enhance the pedestrian experience, amenities, safety, sense of place and aesthetics. Urban Design No Museum District. Continue to PBA / CDA 2022 The comprehensive zoning code update 4.1 enhance and develop policies and is underway. Through the process, the design standards for the Museum City will consider ways to enhance District to encourage private and standards for the Museum District. public improvements that promote the arts, education, culture, and activity centers Urban Design No Channels. Explore opportunities PWA / 2025 In 2024, the City continued to develop 4.2 to reestablish waterways for PRCSA a Stormwater Channel Conversion recreational and educational Feasibility study. The study analyzes purposes. the feasibility of converting open City Council 7 —117 5/6/2025 83 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE stormwater channels to underground conduits and activating the space above them. The study is anticipated to be finalized in February 2025. Urban Design No Allowable uses. Expand the types PBA 2022 - 2027 The City's Development Review 4.3 of outdoor uses in public spaces to Committee continues to seek allow for additional social opportunities for programmable open activities and community -focused space that is accessible to the public in entertainment. all new residential and mixed -use developments. Urban Design No Emerging technologies. PRCSA / 2024 The City continues to incorporate EV 4.5 Collaborate with wireless and PWA Charging Stations in public parking lots. technology companies to create The new Memorial Park Aquatics wireless charging areas in public Facility will be the first southern spaces. Evaluate the feasibility of California aquatics facility to be solar installing solar -powered charging powered utilizing solar arrays stations. Evaluate the feasibility of incorporated within the design of the providing free public WiFi in select new facility and linked to technology park areas and public plazas. In that converts solar power into energy the parks master plan include that powers both the facility and pool consideration for adapting public once delivered in September 2026. spaces to respond to changes in the way residents live and interact with their environment as a result of emerging technologies. Urban Design No Public art at focus intersections. CDA 2023 Arts and Culture staff have released a 5.2 Explore a collaborative program request for projects to provide funding with schools, nonprofit for mural restoration. organizations, and local artists to create and maintain public art in public spaces. Urban Design No Placemaking elements at focus PWA / PBA 2022 - 2027 PWA and PBA are working with the 5.3 intersections. Coordinate street selected firm Torti Gallas and Partners City Council 7 —118 5/6/2025 84 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE signage and branding at focus to create Public Realm Plans for 5 focus intersections, consistent with areas in the City; South Main Street, public realm plans and district Grand Avenue and 17th Street, West identity. Santa Ana Boulevard, 55 Freeway and Dyer Road, and South Bristol Street. The project is expected to be fully completed March 2026. Urban Design No Landmarks. Establish and PBA / CDA 2024 In 2024, the Little Saigon monument 6.1 implement a Landmark program was re -installed at the border of Santa that identifies, maintains, and Ana and Westminster and a monument promotes city landmarks and will installed in honor of the Chinese memorable places. Americans and Chinatown that used to exist in Downtown Santa Ana in the late 1800s and early 1900s. Urban Design No Natural landmarks. Update the PRCSA 2024 Park Planning currently seeking grant 6.2 Santa Ana River Vision Plan to opportunities to hire consultant that develop the Santa Ana River and can assist with creation of Santiago Santiago Creek as natural Park Preserve. landmarks within the city. Urban Design No Enhanced gateways. Pursue PBA / PWA 2023 PWA and PBA are working with the 7.1 funding to develop and maintain a selected firm Torti Gallas and Partners signage, lighting, and landscape to create Public Realm Plans for 5 focus program at gateways leading into areas in the City; South Main Street, the city. Grand Avenue and 17th Street, West Santa Ana Boulevard, 55 Freeway and Dyer Road, and South Bristol Street. The project is expected to be fully completed March 2026. Urban Design No Gateway impact fee. Consider PBA / PWA 2022 The comprehensive zoning code update 7.2 amending the zoning code to is underway. Through the process, the require projects within proximity City will consider amending the code to of a defined city gateway to require development projects near city incorporate gateway design defined gateways to incorporate City Council 7 —119 5/6/2025 85 Attachment A ELEMENT EJ IMPLEMENTATION ACTION AGENCY TIME FRAME 2024 UPDATE features. If the development gateway design features or pay an in - project is unable to integrate such lieu fee into a gateway fund. features on -site, an in -lieu fee may be paid into a gateway fund. City Council 7 — 120 5/6/2025 86 Attachment B — Housing Element Annual Progress Report City Council 7 — 121 5/6/2025 Attachment B J.ne-ti.. Se -Ana ANNUAL ELEMENT PROGRESS REPORT N.a:•+- indicates an optional eatl Repemng rear 2E24 (J.n.1-D.e. 31) Housing Element Implementation call¢in gray —tern auto 1-etlon fermm.. Planning Period 6th Cycle 10/15/2021-1011W2029 Table A Housing Development Applications Submitted D'tDale Project Identifier Unit Types APio Proms ! Units - Affordability by Household Incomes Submitted Total Total Approved Disapproved Streamlining Density Bonus Law Application project Type Notes Units by Units by Application, Status prof.. Project Prior APN. Current APN Street Addeee Proect N. j Local JXdsdictlon Traeking ID Unit Category ISFA,SF0,2 to 4,5+,ADU,MH) 3 Tenure R=Renter O=Owner 1 4 Date ApplicNion SubmiXetl (ae in a [ru)tio c Very Low- Income Deetl Reatrictetl Very Low- Income Non Deetl Ras[rictetl 5 Low -Income Low -Income Motlerate- Deetl Non Deetl Income Deed Restridetl Resirictetl Restdctetl Motlerate- Income Non Deetl Reafrl.etl 6 7 8 T.al Total Total Above RnpneP PPR vs l3ePP nv Motlerate- O R P p Units byn AUnite by n nD Units by Income Projec projec Project 9 10 En tM1e M1ousing Were lease se tics tlevelopmenl mentives or state icakion ons streamlining tie atetl provisionls the e... or ant to cpusu ons application was Government e.an'ttt Cotleit,E' n ee u s alnt to. Government 65916 Cotle section app—d? 66916? 11 please intlica[e the Cato, of the appllcat- 12 le the project c o naitleretla ministerial project or discretionary Protect? 13 Notes. Sure Row: Stall Data Enh, Be- 1 61 59 0 1.2 9 TT .19 1252 36 0 Narbor alvd Clty Ventures Rultlemlal0evelopment 8/6/202a N/A Ave . 1 1Ua/21.24 401 86 N/AE. ding W1-03 ourtli ]trees Think 3o enter-dentz l-ele menu t2 /2 za 270 Penain 4/16/2— - lE2 339EAtlams Bf 3/1W024 SevenMStreet Harbor Blvd 11/14no2a 2 30 N/A pending s1p 3520N Herber elw as ENNa]360ullirvan Sty Ivan St-1 Lot 1-1 Map SuW... 0 1/10/m2a • 4 8 N/A N/A N/A RESm24-2361 SC1 NLA e/1n/2.4 10 NINE N/A 1.1U 1123L3 1111 6/3n024 tn NINE APe ME 0 NONE a pg>o92m 1u4/2.4 t A N/A ve a m a eumsh St le :/3an03o 1 N/A ding Pen% M. mtlal - 1n6noz4 en,l ,¢ties 1/3n024 vn;M 22-/n12— -di W Twd111 iUt WiMgEil,-Or 1/2412— 6/241-4 1 1 N/A pending penal m3nwNrpA.eR 6/27/2024 n NINE W N/A 0 W Nao Ave 1s3awTNm sf enn024 t N/A N/A N/A 16W WThIN St 9WThIrdL RESm21531-N 1 N/A N/A - wcne.eutnye wcneXnmAye 1113ng24 1 1 t 1 N/A 0o24 +0 NONE Ne N/A Iend.,N min —le RESm24-6245cN 3nzn0za 1 1 ]A -e 6E Sta 1 uni[p6 vlvzpza + 1 + 10 NONE N/A ending in— 11 616S .d NINE NO wH�rl Uni.A 3/9ng24 /enoza + NINE WwA o,ewd 10/4/2oz. in—U303- vend), <9Cyprez: Ave unnx lo0 1/22/mza 1 1 N/A prp a - R45 H.bday St I ell 24-1s3i:5c ?/16ntII4 1 WA pending 1./gno24 E I N/A11 cea-ss 14265panan5t aE1pL2 s0 9n2/1.4 t N/A NIA N/A 10n2n0:0 t10 NONE Ne N/A N/A penamg erlal REsmzdoszssc enoza n41- 9fmn024 1 rN,/p pepa;pg en,l nw 9E ie#0n 6 Pl sn+noz< + o t N/A penamg 0 3noza 1z31 oak mtxz + R6smz4-16s N wA N/A City Council 7 — 122 5/6/2025 Attachment B ON, Z., o NONE N. City Council 7-123 2 5/6/2025 Attachment 3/S/2W4 NONE I ON G NONE �ffl NONE N N/A NONE N,, --- ---_ mu ...~ R"' 'CN � . . ~~ ~ N/A App.- ~~~ Attachment B Table A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 1 2 3 4 5 6 Prior APN, Current APN Street Address Project Name. 1 Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to ,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate - Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 0 0 6 0 10 0 3921 3937 405-101-37 1921 W Washinglo Habitat for Humanity - DP-2023-12 5+ O 6 7/16/2024 6 412-131-(12 throw h 26 3600 S Bristol Stre Related Bristol Specific Plan DP-2022-31 5+ R 3,750 10/15/2024 3750 198-182-21 101 N Harbor First Harbor Mixed- DP-2023-08 5+ O 10 171 3/25/2024 181 108-131-04 4723WMcFaddenAve 101111436 2to4 R 0 108-131-04 4743WMcFaddenAve 101111437 2to4 R 0 108-131-04 630SHarmonSt 101111438 2 to 4 R 0 398-453-01 1202EThirdSt 101114543 2 to 4 R 0 398-522-26 1412NBroadwa A 101102694 2 to 4 R 0 398-522-26 1412NBroadwa B 101102695 2 to 4 R 0 398-522-26 1412NBroadwayC 1 10 11 02696 2 to 4 R 0 002-210-57 2727NMain PlaceDr 101106257 5+ R 0 198-011-05 1108NHarborBlvdA 101105533/537/541 5+ R 0 198-132-21 2530WWestminsterAve 101109383 5+ R 0 198-132-21 2534WWestminsterAve 101109381 5+ R 0 398-092-14 1146EWashingtonAve 1011095221521 5+ R 0 398-328-01 401 NMainSt 101102538 5+ R 0 398-523-10 1311 NBroadwa 101116904 5+ R 0 001-052-16 2402NHesperianSt2 101119935 JADU R 0 001-067-01 1530WMarionWa 2 101107338 ADU R 0 001-067-05 1514WMarionWa 2 101117413 ADU R 0 001-181-15 1005WBuffaloAve2l 101117412 ADU R 0 001-185-07 2137NFmemanSt2 101116781 ADU R 0 002-064-30 2447NHeliotmpeDr2 101117808 ADU R 0 002-064-43 2439NHeliotropeDr2 101115399 ADU R 0 002-081-41 2101 NHeliotropeDr2 101115063 ADU R 0 002-103-11 2021 NGreenleafSt2 101116173 ADU R 0 002-133-23 2331NBentonway2i 101118534 ADU R 0 002-243-05 1014WFairbrookLn 101118040 ADU R 0 002-252-02 1043WShemmdLn2 101116350 ADU R 0 003-050-48 906EGrovemonlS 101112935 ADU R 0 003-051-14 917EGrovemontS 101117232 ADU R 0 003-082-06 2408NPoinsettiast2i 101115931 ADU R 0 003-132-03 610ESanta ClaraAve2 101112517 ADU R 0 003-164-57 1718NPoinsettiaSt 101116713 ADU R 0 003-212-33 8091/2EAvalonAve 10197422 ADU R 0 004-111-16 1314WEleventhSt2 101119216 ADU 004-122-25 1402WTenthSt2 101117924 ADU R 0 004-122-26 1330WTenthSt2 101117722 ADU R 0 - - 2217WCivic CenterDr2 101119459 ADU R 0 004-161-28 2050WMarthaLn2 101112808 ADU R 0 004-171-11 2037WTwelfthSt2 101114477 ADU R 0 004-172-08 2106WTwelfth&2 I 101115912 ADU R 0 - - 2133WCivic CenterDr2 101 20871 ADU 14 1508NDurantSt 101114663 ADU UM=--14 1510NDurantSt100 101114665 ADU 007-lal-12 1419WThirdSt2 101119798 ADU - 1624WSecondSt2 101115612 ADU - - 1516WSecondSt2 101108348 ADU 007- - 7 1506WSecondSt2 101114066 ADU R 0 - 1613WChestnutAve2 101120771 ADU - - 1613WChestnutAve3 ADU - 1727WPineSt2 - - 1703WPineSt3 lu.,-""u 11609WChestnutAve2 101113832 ADU City Council 7 — 125 4 5/6/2025 Attachment B Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to ,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements 008-212-03 1048WPineSt2 101115102 ADU R 0 008-212-63 1002WPineSt2 101108635 ADU R 0 008-232-39 1246WChestnutAve2 101117878 ADU R 0 008-232-39 1246WChestnutAve3 101117879 ADU R 0 008-241-20 924WChestnutAve3 101114213 ADU R 0 008-241-42 1003WMyrtleSt2 101114920 ADU R 0 010-011-15 418SDiamondW 101114377 ADU R 0 010-022-06 1318WRa marSt2 101115141 ADU R 0 010-053-20 5028ForestAve2 101120748 ADU R 0 010-063-13 530SRaittSt2 101107703 ADU R 0 010-063-15 522SRaittSt2 101118251 ADU R 0 010-111-14 519SMa noliaAve2 101109880 ADU R 0 010-131-11 808WCamileSt 101116846 ADU R 0 010-142-02 507SBirchSt 101118062 ADU R 0 010-143-16 534SS ramoreSt 101107875 ADU R 0 010-163-10 614SVan NessAvel 101112825 ADU R 0 010-163-10 614SVan NessAve2 101112826 ADU R 0 010-163-11 616SVan NessAveE 101119135 ADU R 0 010-163-11 616SVan NessAveC 101119648 ADU R 0 010-163-11 616SVan NessAveD 101119649 ADU R 0 010-170-06 6278She1tonSt2 101120163 ADU R 0 010-170-47 1003WRichlandAve18 101117246 ADU R 0 010-170-47 1003WRichlandAv09 101117255 ADU R 0 010-17047 1003WRichlandAve20 101117256 ADU R 0 010-170-47 1003WRichlandAve21 101117257 ADU R 0 010-191-07 1045WHighlandSlC 101111003 ADU R 0 010-204-14 730SRossSt2 101118662 ADU R 0 010-221-05 817SR—St2 101116708 ADU R 0 010-243-10 808SVan NessAve3 101112335 ADU R 0 010-262-30 1021WCubbonSt2 101114393 ADU R 0 010-27 -13 1219WCubbonSt2 101117575 ADU R 0 010-271-18 1201WCubbonSt2 101117162 ADU R 0 010-272-07 1218WCubbonSt2 101118236 ADU R 0 010-301-25 2325WMarFS— 101118551 ADU R 0 010-303-03 2406WMarkSt2 1 101114852 ADU R 0 011-043-13 334EBishopSt2 1 101117495 ADU R 0 011-061-09 1014SCypressAvelOO 101119455 ADU R 0 011-061-09 10l4SCypmssAve101 101119456 ADU R 0 - - 1013SCypressAve3 7 7 0-062-07 1021SC ressAve2 101118185 ADU R 0 328EHanvoodPl2 01 - 7 - 1015SHickorySt2 101113871 R 011-084-03 911 SKilsonDr2 101117090 ADU R 0 - - 921SKilsonDr2 TOTTM 011-224-15 849EMcFaddenAve2 101117338 ADU R 0 013-021-15 1245WWilshireAve 101118892 ADU R 0 013-063-02 934WMcFaddenAve2 1233SSheltonSt2 U13-ull-211210STownerSt2 - 1 U 1 -04 1213SFIowerSt2 - 1226SParton5t2 101120077 ADU 0 - -D9 12351/2SPartonSt - 1208SRossSt2 OT3-TfZ-ZZ--1307SGarnse St2 101116879 R 1-20 1402SLoweliSt2 - - 1405SGarnse St2 1011105U7 ADU - 1432SBroadwa 2 - 1518SBirchSt2 - -IV 1520SVan NessAve2 UTT-TTT-US---1518SParkDr2 UTa--22T-Oj 1609SSheltonSt2 - 1818SGarnse St2 -uf 2028SKilsonD2 lulliblub ADU— TT u UT2F093-34 2069SOakSt2 - 2033SHallada St2 - - 2033SEver reenSt2 '1 901 E0ccidentalSt2 014-222-07 1251 SEvergreenW 1101115865 ADU R 0 City Council 7 — 126 5 5/6/2025 Attachment B Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to ,S+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements 014-424-08 814EElderAve2 101119446 ADU R 0 015-041-09 1810SPartonSt2 101116715 ADU R 0 015-043-22 1818SRossSt2 101110026 ADU R 0 015-052-01 316WPomonaSt 101118096 ADU R 0 015-052-01 318WPomonaSt 101118097 ADU R 0 015-083-07 2117SBroadwa 2 101110768 ADU R 0 015-083-07 2117SBroadwa 3 101110769 ADU R 0 015-083-07 2119SBroadwa 2 1101110778 ADU R 0 015-083-07 2119SBroadwa 3 101110779 ADU R 0 015-122-26 20741/2SGarnseySt 101107072 ADU R 0 015-123-12 2069SGar-Tt2 101112245 ADU R 0 015-134-12 1932SRossSt2 1011171 88 ADU R 0 015-154-01 2031 SLowe1ISt2 1 101112954 ADU R 0 015-203-09 2134SParkD2 1 101117031 ADU R 0 015-213-21 1057WSt GertrudeP12 101113571 ADU R 0 015-214-11 1241WCamdenPl2 101113470 ADU R 0 015-220-10 2034SBakerSt2 101117476 ADU R 0 016-031-31 231EFloraSt2 101115146 ADU R 0 016-033-29 2405SCypressAw 101118966 ADU R 0 016-034-22 2318SMapleSt2 101118164 ADU R 0 016-043-24 312ECentralAveC 101113175 ADU R 0 016-081-43 446ECentralAve2 101118276 ADU R 0 016-084-14 508EAdamsSt2 101117251 ADU R 0 016-105-18 940EAnahumtPl 101120172 ADU R 0 016-135-46 618ECentralAve2 101110982 ADU R 0 099-211-03 5405WRooseveltAve2 101116316 ADU R 0 099-211-31 5505WRooseveltAve2 101114460 ADU R 0 099-211-32 5501WRooseveltAve2 101110831 ADU R 0 099-232-18 305NCooper2 101112422 ADU R 0 099-233-09 314NCooperSt2 101115049 ADU R 0 100-222-15 1005NEvondaSt2 101111646 ADU R 0 100-222-20 903NEvondaSt 101115392 ADU R 0 100-231-42 48251/2WSeventhSt 101106615 ADU R 0 100-241-47 5017WSixthSt2 101119638 IADU R 0 100-261-08 712NMorseDr2 101112947 ADU R 0 100-261-08 712NMorseD2 1 101119025 ADU R 0 100-282-10 326NMountain ViewSt2 101115933 ADU R 0 100-533-10 701 NMountain ViewSt2 101117731 ADU R 0 100-572-10 4314WRooseveltAve2 101114941 ADU R 0 100-572-15 43211/2WSilverDr 101106866 ADU R 0 101-041-23 2337NStac Ln2 101120470 ADU R 0 101-041-23 2337NStac Ln3 1 101120471 ADU R 0 101-122-26 2605WStrawberryLn2 101118650 ADU R 0 101-122-27 2613WStrawber Ln2 101111624 ADU R 0 101-132-06 1717NSydneySt2 101114725 ADU R 0 101-562-09 2122NLewisSt2 101118133 ADU R 0 101-571-08 2129NCotterSt2 101115723 ADU R 0 101-572-10 21261/2NSpinnakerSt 101107224 ADU R 0 108-101-27 4717WHendersonPl2 101112232 ADU R 0 108-102-14 4618WRoyCi2 101115440 ADU R 0 108-102-20 4605WRoyCir2 101113000 ADU R 0 108-334-15 1214SKarenAve2 101113234 JADU R 0 108-334-15 1214SKarenAve3 101113235 ADU R 0 108-344-01 1005SVirleeSt2 101118024 ADU R 0 108-344-11 1114SKarenAve2 101113232 ADU R 0 108-344-11 1114SKarenAve3 101113233 ADU R 0 108-345-07 1105SKarenAve2 101118272 ADU R 0 108-353-11 922SHarmonSt2 101114670 ADU R 0 108-354-14 906SVideeSl2 101119042 ADU R 0 108--07 6402-12 4917WFlightAve2 101118596 ADU R 0 108-43 630SDriftwoodDr2 101109861 ADU R 0 108-402-18 4902WAcapulcoAve2 101111976 ADU R 0 108-434-13 5310WMe1ricDr2 1 1101117173 JADU R 0 City Council 7 — 127 6 5/6/2025 Attachment B Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to ,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements 108-504-36 5604WHighland&2 101119018 ADU R 0 108-562-11 5403WKedgeAve2 101112202 ADU R 0 108-602-37 904SSparSt2 101118626 ADU R 0 108-604-10 904SShannonSt2 101116996 ADU R 0 108-721-07 3922WCrystalLn2 101116795 ADU R 0 108-721-08 3918WCrysta1Ln2 101119540 ADU R 0 108-722-38 1041SDennisSt2 101115414 ADU R 0 108-722-43 1021SDennisSt2 101118134 ADU R 0 109-123-17 2222WElderAve3 101117501 ADU R 0 109-123-17 2222WElderAve2 101118458 ADU R 0 109-123-42 2429WBorchardAve2 101114218 ADU R 0 109-273-06 1321SPaciicAve2 101115182 ADU R 0 109-344-25 1401WHi hlandSt2 101118576 ADU R 0 109-363-30 1625WMcFaddenAve2 101119026 ADU R 0 109-372-12 1314SJoaneWa 2 101116874 ADU R 0 109-412-10 120565ruceSt2 I 101112349 ADU R 0 109-664-18 3322WBorchardAve2 101114397 ADU R 0 109-672-04 1146SMohawkDr2 1101114995 ADU R 0 109-744-13 2814WCubbonSt2 101117231 ADU IR 1 0 109-752-52 31021/2WCubbonSt 101109031 ADU R 0 109-834-18 510SArapahoDr2 101118201 ADU R 0 140-163-18 2625SLowellSt2 101113031 ADU R 0 140-281-07 2718SReneD2 101117271 ADU R 0 144-331-18 306SLaurelSl 101117202 ADU R 0 144-361-29 907SBewleySt2 101119697 ADU R 0 144-361-56 914SJacksonSt2 101119264 ADU R 0 144-372-12 918SSusanSt2 1101115950 ADU R 1 0 188-062-25 5113WRobertsM 101113864 ADU R 0 188-062-25 5113WRobertsDr3 101113865 ADU R 0 188-082-12 8221/2STolandSt 10194820 ADU R 0 188-102-19 829SE111ottPl2 101119220 ADU R 0 198-071-10 1423NMar-LesD2 101110991 ADU R 0 198-071-10 1423NMar-LesDr3 101110992 ADU R 0 198-071-15 1401NMar-LesD2 101112810 ADU R 0 198-102-22 1127NBewleySl 101116580 ADU R 0 198-141-03 1409NGlenarborSt2 101115518 ADU R 0 198-141-03 1409NGlenarborSt3 101115519 ADU R 0 198-181-18 122NBewleySt2 101117071 ADU R 0 198-242-31 209NBewleySt2 101119478 ADU R 0 198-302-02 4310WSunsweptAve2 101115749 ADU R 0 198-302-04 4313WMorningsideAve2 101116799 ADU R 0 198-303-11 1402NMountain ViewSt2 101118332 ADU R 0 198-323-14 4325WOakfeldAve2 101111212 ADU R 0 390-184-02 1506EClemensenAve2 101119244 ADU R 0 396-072-31 2102NWrightSt2 1101117956 ADU R 0 396-191-07 1210EAvalonAve2 101118478 ADU R 0 396-242-26 1417EFranzenAve2 101117023 ADU R 0 398-182-22 1325NCusterSt2 101117954 ADU R 0 398-286-10 302SBroadway104 101108633 ADU R 0 398-291-04 415SRossSt2 101120740 ADU R 0 398-293-10 439SBroadway 101118613 1ADU R 0 398-293-22 220WChestnutAve 101113730 ADU R 0 398-374-08 716NEastwoodAve2 101115914 ADU R 0 398-374-18 604NEastwoodAvel 01 101116062 ADU R 0 398-393-12 417NLinwoodAve2 101113340 ADU R 0 398-451-07 208NHathawaySt2 101115916 ADU R 0 398-482-04 602EThirdSt2 101111969 ADU R 0 398-521-11 419WWashingtonAve2 101116276 ADU R 0 398-531-22 1123NFlowerSt 121116725 ADU R 0 398-552-01 1017NRiverineAve100 101117579 ADU R 1 0 City Council 7 — 128 7 5/6/2025 Attachment B Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to ,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements 398-552-01 1017NRiverineAve20o 101117580 ADU R 0 398-552-08 319WTeMhSt2 101111457 ADU R 0 398-552-08 319WTenthSt3 101111458 ADU R 0 398-582-05 1411NGarnse St2 101117739 ADU R 0 399-011-14 2209WLammoreLn 101119195 ADU R 0 399-011-38 2302WLaramoreLn2 101117559 ADU R 0 399-053-07 932WEighteenthSt2 1101119273 ADU R 0 399-091-19 2417WEdnaDr 101116516 ADU R 0 399-132-40 2306NLairdSt2 101115415 ADU R 0 399-153-08 2221WDowniePl2 101120067 ADU R 0 400-162-09 909NMirasolSt2 101117457 ADU R 0 400-164-05 9251/2NDianneSt 101111043 ADU R 0 400-191-10 1701ELadellCir2 101112868 ADU R 0 400-191-31 818NMantleLn2 101119330 ADU R 0 403-171-01 1907SMapleSt2 101120524 1ADU R 0 403-192-04 216EEdin erAve2 101117619 ADU R 0 404-011-11 901EM rtleW 101118160 ADU R 0 404-085-02 414EPineStB 101118674 ADU R 0 404-085-05 402EPineSt2 101119717 ADU R 0 404-086-08 407EPineSt2 101114621 ADU R 0 404-086-12 252SOakSt 101111337 ADU R 0 404-092-12 212SOrangeAveE 101118896 ADU R 0 404-092-12 212SOrangeMeF 101118897 ADU R 0 404-101-09 116ECamileSt 101117597 IADU R 0 405-012-13 2410WWashin tonAve2 101116611 ADU R 0 405-082-13 614NSheltonSt2 101115154 ADU R 0 405-101-31 1313NEnglishSt2 101118232 ADU R 0 405-131-09 1724WNinthSt 101112423 ADU R 0 405-131-22 1610WNinthSt2 101120711 ADU R 0 405-131-23 1602WNinthSt2 101113524 ADU R 0 405-131-33 1509WCivic CenterDr2 101113332 ADU R 0 405-131-33 1509WCivic CenterDr3 101113333 ADU R 0 405-131-33 1510WNinthSt2 101113335 ADU R 0 405-131-33 1510WNinthSt3 101113336 ADU R 0 405-131-53 1629WCivic CenterDO08 101117016 ADU R 0 405-141-13 1621WTenthSt2 101119850 ADU R 0 405-151-35 1609WTwelfth&2 101116114 ADU R 0 405-151-45 1709WTwelfthSt2 101117366 ADU R 0 405-152-43 1637WEleventh&2 101115777 ADU R 0 405-183-06 909NLowellSt 101116522 ADU R 0 405-231-11 816NTownerSt2 101118924 1ADU R 0 405-251-08 1512NBakerSt2 101120504 ADU R 0 405-261-04 1004NBakerSt2 101119978 ADU R 0 405-281-17 1108NFreemanSt2 101115903 ADU R 0 405-292-05 1108NTownerSt2 101120573 ADU R 0 405-292-13 1021 NWestwoodAve2 101108136 ADU R 0 405-293-03 1416NWestwoodAve2 101119528 ADU R 0 407-022-03 1242SMadneSt2 101116488 ADU R 0 407-043-01 2802WLA VerneAve2 101110803 ADU R 0 407-111-36 2429WHoodAve2 101116409 ADU R 0 408-041-11 2701WPomonaSt2 101119381 ADU R 0 408-224-15 2713WPendletonAve2 101109931 ADU R 0 408-232-11 2301SGIenarborSt2 101117903 ADU R 0 408-261-30 1623WPomonaSt2 101117685 ADU R 0 408-293-14 1702SReneDr2 101114101 ADU R 0 408-295-07 11806WOccidentalSt2 101119357 1ADU R 1 10 408-313-06 1814WCarltonPl2 101117013 ADU R 0 408-313-06 1814WCarltonPl2 101117013 ADU R 0 408-323-10 12030SPoplarSt2 1 101112697 JADU IR I I I 1 0 408-324-17 11509WGIenwoodPl2 101119038 JADU I R I I I 1 0 City Council 7 — 129 8 5/6/2025 Attachment B Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to ,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements 408-325-02 20231/2SR—Dr 101105956 ADU R 0 408-386-05 2217WCamdenP12 101117247 ADU R 0 408-388-02 1920SDiamondst2 101117636 ADU R 0 408423-09 2234SCenterSt100 101118665 ADU R 0 408446-02 2117SDoreenWay2l 101118153 ADU R 0 408463-02 1506WCleghomWay2 101115162 ADU R 0 408463-02 1506WCleghomWay3 101115163 IADU R 0 410-072-02 906WAltonAve2 101113820 ADU R 0 410-091-05 901WJuniperAve2 101117725 ADU R 0 410-171-16 614WJuniperAve2 101110161 ADU R 0 410-171-22 616WOrionAve 101116185 ADU R 0 410-252-07 3314STownerSt2 101117067 ADU R 0 410-252-19 3229SParkDr2 101111993 ADU R 0 410-261-62 1013WAltonAve2 101111792 ADU R 0 410452-13 3018SRosewoodAve2 101114627 ADU R 0 411-062-08 2553SHalladaySt 101115818 ADU R 0 412-091-27 3117SCenterSt2 101118234 ADU R 0 412-152-06 3112SManitobaDr 101119829 ADU R 0 412-252-02 2620SDiamondW 101115768 ADU R 0 412-261-10 2914SDiamondSt3 101117606 ADU R 0 412-271-18 1801WGarryAve2 101120693 ADU R 0 108-253-21 826SHarborBlvd 101111380 SFA O 0 108-253-21 828SHarborBlvd 101111381 SFA O 0 108-253-21 830SHarborBlvd 101111382 ISFA O 0 108-253-21 832SHarborBlvd 101111383 SFA O 0 108-253-21 834SHarborBlvd 1011113B4 SFA O 0 108-253-21 836SHarborBlvd 101111385 SFA O 0 108-253-21 838SHarborBlvd 101111386 SFA O 0 108-253-21 840SHarborBlvd 101111387 SFA O 0 108-253-21 842SHarborBlvd 101111388 SFA O 0 108-253-21 844SHarborBlvd 101111389 SFA O 0 108-253-21 846SHarborBlvd 101111390 SFA O 0 108-253-21 848SHarborBlvd 101111391 SFA O 0 108-253-21 850SHarborBlvd 101111392 SFA O 0 108-253-21 852SHarborBlvd 101111393 SFA O 0 108-253-21 854SHarborBlvd 101111394 SFA O 0 108-253-21 856SHarborBlvd 101111395 SFA O 0 108-253-21 858SHarborBlvd 101111396 SFA O 0 108-253-21 860SHarborBlvd 101111397 SFA O 0 108-253-21 862SHarborBlvd 101111398 SFA O 0 108-253-21 864SHarborBlvd 101111399 SFA O 0 108-253-21 866SHarborBlvd 101111400 SFA O 0 108-253-21 868SHarborBlvd 101111401 SFA O 0 402-061-03 581SLyonSt 101116414 SFA O 0 402-061-03 581SL onSt 101116414 SFA O 0 402-061-03 583SLyonSt 101116415 SFA O 0 402-061-03 585SLyonSt 101116416 SFA O 0 402-061-03 587SL on$t 101116417 SFA O 0 402-061-03 589SL onSt 101116418 SFA O 0 402-061-03 591SLyonSt 101116419 SFA O 0 402-061-03 593SLyonSt 101116420 SFA O 0 402-061-03 595SL onSt 101116421 SFA O 0 402-061-03 597SL onSt 101116422 SFA O 0 402-061-03 601SLyonSt 101116423 SFA O 0 402-061-03 603SLyonSt 101116424 SFA O 0 402-061-03 605SLyonSt 1101116425 SFA O 0 402-061-03 607SL onSt 101116426 SFA O 0 402-061-03 609SL onSt 10111.27 SFA O 0 402-061-03 611SLyonSt 101116428 ISFA O 0 402-061-03 613SL onSt 101116429 ISFA O 0 City Council 7 — 130 9 5/6/2025 Attachment B Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to ,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements 402-061-03 615SLyonSt 101116430 SFA O 0 402-061-03 617SLyonSt 101116431 SFA O 0 402-061-03 621SLyonSt 101116432 SFA O 0 402-061-03 623SLyonSt 101116433 SFA O 0 402-061-03 625SLyonSt 101116434 SFA O 0 402-061-03 627SLyonSt 101116435 SFA O 0 402-061-03 629SLyonSt 101116436 SFA O 0 402-061-03 631SLyonSt 101116437 SFA O 0 402-061-03 633SLyonSt 101116438 SFA O 1 1 1 0 402-061-03 635SLyonSt 101116439 SFA O 0 402-061-03 637SLyonSt 101116440 SFA O 0 402-061-03 651SLyonSt 101116441 SFA O 0 402-061-03 653SLyonSt 101116442 SFA O 0 402-061-03 655SLyonSt 101116443 SFA O 0 402-061-03 657SLyonSt 101116444 SFA O 0 402-061-03 661SLyonSt 101116445 SFA O 0 402-061-03 663SLyonSt 101116446 SFA O 0 402-061-03 665SLyonSt 101116447 SFA O 0 402-061-03 667SLyonSt 101116448 SFA O 0 402-061-03 669SLyonSt 101116449 SFA O 0 402-061-03 671 SLyonSt 101116450 SFA O 0 402-061-03 673SLyon$t 101116451 SFA O 0 402-061-03 675SLyonSt 101116452 SFA O 0 402-061-03 677SLyonSt 101116453 SFA O 0 402-061-03 681SLyonSt 101116454 SFA O 0 402-061-03 683SLyonSt 101116455 SFA O 0 402-061-03 685SLyonSt 101116456 SFA O 0 402-061-03 687SLyonSt 101116457 SFA O 0 402-061-03 689SLyonSt 101116458 SFA O 0 402-061-03 691SLyonSt 101116459 SFA O 0 402-061-03 693SLyonSt 101116460 SFA O 0 402-061-03 701SLyonSt 101116461 ISFA O 0 402-061-03 703SLyonSt 101116462 SFA O 0 402-061-03 705SLyonSt 101116463 SFA O 0 402-061-03 707SLyonSt 101116464 SFA O 0 008-232-39 1246WChestnutAve 101117877 SFD O 0 014-122-27 2033SEvergreenSt 101114946 SFD O 0 015-083-07 2117SBroadway 101110767 SFD O 0 015-083-07 2119SBroadway 101110777 SFD O 0 108-131-27 620SNewhopeSt 101115116 SFD O 0 198-071-10 1423NMar-LesDr 101110990 ISFD 10 1 1 0 198-336-02 1018NGatesS 20 SFD O 0101108 830NLacySt O398-041-18 0 405-131-33 11509WCivic CenterDr 101113331 ISFD 10 1 1 1 0 405-131-33 1151OWNinthSt 1 101113334 ISFD 10 1 1 1 0 City Council 7 — 131 to 5/6/2025 Attachment B Table A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Affordability by Household Incomes - Building Permits 7 8 9 Current APN Street Address Project Name* Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued # of Units Issued Building Permits 0 48 8 73 0 65 68 262 405-101-37 1921 W Washingto Habitat for Humanity 6-Unit Development 0 412-131-(12 through 26 3600 S Bristol Stree Related Bristol Specific Plan 0 198-182-21 108-131-04 First Harbor Mixed- 101 N Harbor tlse Development 4723WMcFaddenAve 2 06/13/2024 0 2 108-131-04 14743WMcFaddenAve 1 2 06/13/2024 2 108-131-04 630SHarmonSt 2 06/13/2024 2 398-453-01 1202EThirdSt 2 03/25/2024 2 398-522-26 1412NBroadwayA Q 398-522-26 1412NBroadwa B Q 398-522-26 1412NBroadwa C Q 002-210-57 2727NMain PlaceDr 0 198-011-05 11108NHarborBlvdA 0 198-132-21 2530W Westm insterAve 0 198-132-21 2534W Westm insterAve 0 398-092-14 1146EWashin tonAva 0 398-328-01 401 NMainSt 0 398-523-10 1311NBroadwa 5 02/08/2024 5 001-052-16 2402NHes erianSt2 1 10/02/2024 1 001-067-01 1530W Marion Way2 0 001-067-05 1514W Marion Way2 1 1 1 03/12/2024 1 001-181-15 1005WBuffaloAve2 1 02/26/2024 1 001-185-07 2137NFreemanSt2 1 05/15/2024 1 002-064-30 2447NHeliotro eDr2 1 03/18/2024 1 002-064-43 2439NHeliotro eDr2 0 002-081-41 2101NHeliotro eDr2 Q 002-103-11 2021 NGreenleafSt2 1 03/12/2024 1 002-133-23 2331NBentonWa 2 1 06/03/2024 1 002-243-05 1014WFairbrookLn 1 04/29/2024 1 002-252-02 1043WSherwoodLn2 0 003-050-48 906EGrovemontSt2 0 003-051-14 917EGrovemontSt2 1 03/14/2024 1 003-082-06 24081\!PoinsettiaW 0 003-132-03 610ESanta ClaraAve2 003-164-57 1718N PoinsettiaSt 1 01 /24/2024 003-212-33 8091/2EAvalonAve 0 004-111-16 1314WEleventhSt2 1 09I20/2024 1 004-122-25 1402WTenthSt2 i i ii i i i i 105/08/2024 004-122-26 1330WTenthSt2 I 1 11 1 1 1 1 102/26/2024 City Council 7 — 132 11 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed RestrictedMolly Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 004-153-16 2217WCivic CenterDr2 1 09/06/2024 004-161-28 2050WMarthaLn2004-171-11 2037WTwelfthSt2004-172-08 2106WTwelfthSt2004-183-16 IQ 2133WCivic CenterDr2 1 11/21/2024005-112-14 1508NDurantSt 005-112-14 1510NDurantSt100 007-181-12 1419WThirdSt2 1 11 /25/2024 1 007-202-03 1624WSecondSt2 0 007-203-05 1516WSecondSt2 0 007-203-07 1506WSecondSt2 0 007-224-24 1613WChestnutAve2 1 12/10/2024 1 007-224-24 1613WChestnutAve3 1 12/10/2024 1 007-264-13 1727WPineSt2 1 08/19/2024 1 007-264-17 1703WPineSt3 1 10/03/2024 1 007-322-20 1609WChestnutAve2 4 008-212-03 1048WPineSt2 0 008-212-63 1002WPineSt2 0 008-232-39 1246WChestnutAve2 1 05/08/2024 1 008-232-39 1246WChestnutAve3 1 05/08/2024 1 008-241-20 924WChestnutAve3 0 008-241-42 1003WMyrt1eSt2 1 05/29/2024 1 010-011-15 418SDiamondSt2 0 010-022-06 1318WRa marSt2 1 07/31/2024 1 010-053-20 502SForestAve2 1 11/26/2024 1 010-063-13 530SRaittSt2 0 010-063-15 522SRaittSt2 1 08/14/2024 1 010-111-14 519SMa noliaAve2 0 010-131-11 808WCamileSt 1 02/13/2024 1 010-142-02 507SBirchSt 1 07/10/2024 1 010-143-16 534SS camoreSt 010-163-10 614SVan NessAve1 010-163-10 614SVan NessAve2 0 010-163-11 616SVan NessAveE 1 06/27/2024 1 010-163-11 616SVan NessAveC 1 09/11/2024 010-163-11 616SVan NessAveD 1 09/11/2024 010-170-06 627SShe1tonSt2 1 11/27/2024 010-170-47 1003WRichlandAve18 1 06/18/2024 1 1 -17 -47 1003WRichlandAve19 1 06/18/2024 010-170-47 1003WRichlandAve20 1 06/18/2024 010-170-47 1003WRichlandAve21 1 06/18/2024 010-191-07 1045WHi hlandStC 010-204-14 730SRossSt2 1 05/22/2024 010-221-05 817SRossSt2 1 04/16/2024 010-243-10 808SVan NessAve3 Mi 010-262-30 1021 WCubbonSt2 010-271-13 1219WCubbonSt2 1 05/16/2024 1201 WCubbonSt2 1 01 /24/2024 1218WCubbonSt2 1 07/31/2024 1 City Council 7 — 133 12 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricteddibb Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 010-301-25 2325WMarkSt 1 06/14/2024 1 010-303-03 2406WMarkSt2 Q 011-043-13 334EBisho St2 1 03/26/2024 1 011-061-09 1014SC pressAve100 1 09/24/2024 1 011-061-09 1014SC ressAve101 1 09/24/2024 1 011-062-04 1013SC ressAve3 1 04/15/2024 1 011-062-07 1021SC ressAve2 1 08/29/2024 1 011-065-10 328EHarwoodPl2 1 09/18/2024 1 011-076-04 1015SHicko St2 1 07/02/2024 1 011-084-03 911SKilsonDr2 1 07/16/2024 1 011-084-07 921SKilsonDr2 0 011-224-15 849EMcFaddenAve2 1 01/16/2024 1 013-021-15 1245W W ilsh ireAve 1 07/03/2024 1 013-063-02 934WMcFaddenAve2 Q 013-071-17 1233SShe1tonSt2 Q 013-071-21 1210STownerSt2 0 013-101-04 1213SFIowerSt2 0 013-102-20 1226SPartonSt2 1 10/30/2024 1 013-103-09 12351/2SPartonSt 0 013-104-15 1208SRossSt2 1 03/26/2024 1 013-112-02 1307SGarnse St2 1 04/15/2024 1 013-124-20 1402SLowellSt2 1 02/05/2024 1 013-132-02 1405SGarnse St2 0 013-172-22 1432SBroadwa 2 1 02/05/2024 1 013-181-15 1518SBirchSt2 0 013-192-19 1520SVan NessAve2 0 013-213-05 1518SParkDr2 0 013-221-08 1609SSheltonSt2 1 07/15/2024 1 013-244-10 1818SGarnse St2 Q 014-093-07 2028SKilsonDr2 1 04/24/2024 1 014-093-34 2069SOakSt2 1 02/13/2024 1 014-113-29 2033SHalladaySt2 1 11/06/2024 1 014-122-27 2033SEvergreenS 1 06/13/2024 1 014-215-01 901 EOccidentalSt2 1 08/23/2024 1 014-222-07 1251 SEvergreenSt 1 04/19/2024 1 014-424-08 814EElderAve2 1 09/04/2024 1 015-041-09 1810SPartonSt2 1 03/08/2024 1 015-043-22 1818SRossSt2 0 015-052-01 316WPomonaSt 1 11 /18/2024 1 015-052-01 318WPomonaSt 1 11 /18/2024 1 015-083-07 2117SBroadwa 2 1 1 02/08/2024 1 015-083-07 2117SBroadwa 3 1 1 02/08/2024 1 015-083-07 2119SBroadwa 2 1 10/22/2024 1 015-083-07 2119SBroadwa 3 1 10/22/2024 1 015-122-26 20741/2SGarnse S 0 015-123-12 2069SGarnse St2 0 015-134-12 1932SRossSt2 1 06/05/2024 1 015-154-01 2031 SLowellSt2 0 015-203-09 2134SParkDr2 I 1 11 1 1 105/13/2024 1 1 City Council 7 — 134 13 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 015-213-21 1057WSt Gertrude 0 015-214-11 1241 WCamdenPl2 0 015-220-10 2034SBakerSt2 1 11/07/2024 1 016-031-31 231 EFloraSt2 0 016-033-29 2405SCypressAve 1 09/23/2024 1 016-034-22 2318SMa IeSt2 1 10/14/2024 1 016-043-24 312ECentralAveC 0 016-081-43 446ECentralAve2 1 05/02/2024 1 016-084-14 508EAdamsSt2 1 02/26/2024 1 016-105-18 940EAnahurstPl 1 11/21/2024 1 016-135-46 618ECentralAve2 0 099-211-03 5405WRooseveltAv 1 04/22/2024 1 099-211-31 5505WRooseveltAv 0 099-211-32 5501WRooseveltAv 0 099-232-18 305NCooperSt2 0 099-233-09 314NCooperSt2 0 100-222-15 1005NEvondaSt2 0 100-222-20 903NEvondaSt 1 01/12/2024 1 100-231-42 48251/2WSeventhS 0 100-241-47 15017WSixthSt2 1 12/17/2024 1 100-261-08 712NMorseM 1 01/04/2024 1 100-261-08 712NMorseDr2 1 08/01/2024 1 100-282-10 326NMountain View Q 100-533-10 701 NMountain View 1 06/11/2024 1 100-572-10 4314WRooseveltAv Q 100-572-15 43211/2WSilverDr 0 101-041-23 2337NStac Ln2 1 11/06/2024 1 101-041-23 2337NStac Ln3 1 11/06/2024 1 101-122-26 2605WStrawber L 1 06/26/2024 1 101-122-27 2613WStrawber L Q 101-132-06 1717NS dne St2 0 101-562-09 2122NLewisSt2 1 08/12/2024 1 101-571-08 2129NCotterSt2 0 101-572-10 21261/2NSpinnaker 0 108-101-27 4717WHendersonPl 0 108-102-14 4618WRoyCir2 1 01/24/2024 1 108-102-20 4605WRoyCir2 0 108-334-15 1214SKarenAve2 0 108-334-15 1214SKarenAve3 0 108-344-01 1005SVirleeSt2 1 08/23/2024 1 108-344-11 1114SKarenAve2 0 108-344-11 1114SKarenAve3 0 108-345-07 1105SKarenAve2 11 05/17/2024 1 108-353-11 108-354-14 922SHarmonSt2 906SVirleeSt2 1 11/25/2024 Q 1 City Council 7 — 135 14 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 108-364-07 4917WFlightAve2 1 08/05/2024 1 108-402-12 630SDriftwoodDr2 0 108-402-18 4902WAcapulcoAv 0 108-434-13 5310WMe1ricDr2 1 02/09/2024 1 108-504-36 5604WHighlandW 1 11/19/2024 1 108-562-11 5403WKedgeAve2 0 108-602-37 904SSparSt2 1 12/04/2024 1 108-604-10 904SShannonSt2 1 01/23/2024 1 108-721-07 3922WCrystalLn2 0 108-721-08 3918WCrystalLn2 1 10/10/2024 1 108-722-38 1041 SDenn isW 1 09/05/2023 1 108-722-43 1021 SDenn isSt2 1 04/22/2024 1 109-123-17 2222WElderAve3 1 04/02/2024 1 109-123-17 2222WElderAve2 1 06/20/2024 1 109-123-42 2429WBorchardAve 0 109-273-06 1321 SPacificAve2 1 02/15/2024 1 109-344-25 1401WHi hlandSt2 1 06/06/2024 1 109-363-30 1625W McFaddenA 1 07/10/2024 1 109-372-12 1314SJoaneWay2 1 01 /09/2024 1 109-412-10 1205SS ruceSt2 0 109-664-18 3322WBorchardAve 0 109-672-04 1146SMohawkDr2 0 109-744-13 2814WCubbonSt2 0 109-752-52 31021/2WCubbonS 0 109-834-18 510SArapahoD2 1 05/09/2024 1 140-163-18 2625SLowellSt2 0 140-281-07 2718SReneDr2 1 06/13/2024 1 144-331-18 306SLaurelSt 1 01/31/2024 1 144-361-29 907SBewleySt2 1 10/15/2024 1 144-361-56 914SJacksonSt2 1 07/10/2024 1 144-372-12 918SSusanSt2 0 188-062-25 5113WRobertsM 1 01/30/2024 1 188-062-25 5113WRobertsM 1 01/30/2024 1 188-082-12 8221/2STolandSt 1 02/12/2018 1 188-102-19 829SE11iottP12 1 07/15/2024 1 198-071-10 1423NMar-LesDr2 0 198-071-10 1423NMar-LesDr3 0 198-071-15 1401 NMar-LesDr2 0 198-102-22 1127NBewle St 1 04/02/2024 1 198-141-03 1409NGlenarborSt2 1 03/19/2024 1 198-141-03 1409NGIenarbor&3 1 03/19/2024 1 198-181-18 122NBewleySt2 1 05/16/2024 1 198-242-31 209NBewleySt2 1 11/07/2024 1 198-302-02 4310WSunsweptAve2 1 01/26/2024 1 City Council 7 — 136 15 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 198-302-04 4313WMorningsideAve2 1 02/14/2024 1 198-303-11 1402NMountain ViewSt2 1 08/13/2024 1 198-323-14 4325WOakfieldAve2 0 390-184-02 1506EClemensenAve2 1 11 /20/2024 1 396-072-31 2102NWrightSt2 1 06/11/2024 1 396-191-07 1210EAvalonAve2 1 05/08/2024 1 396-242-26 1417EFranzenAve2 1 07/02/2024 1 398-182-22 1325NCusterSt2 1 04/29/2024 1 398-286-10 302SBroadway104 0 398-291-04 415SRossSt2 1 11/21/2024 1 398-293-10 439SBroadway 1 06/06/2024 1 398-293-22 220WChestnutAve 0 398-374-08 1716NEastwoodAve2 1 01/08/2024 1 398-374-18 604NEastwoodAve101 11 01/10/2024 1 398-393-12 417NLinwoodAve2 1 01/08/2024 1 398-451-07 208NHathawaySt2 1 01/08/2024 1 398-482-04 602EThirdSt2 0 398-521-11 419W WashingtonAve2 1 02/27/2024 1 398-531-22 1123NFlowerSt 1 03/25/2024 1 398-552-01 1017NRivedneAve100 1 04/09/2024 1 398-552-01 11017NRiverineAve2OO 1 11 04/09/2024 1 398-552-08 319WTenthSt2 0 398-552-08 319WTenthSt3 0 398-582-05 1411 NGarnseySt2 1 04/19/2024 1 399-011-14 2209WLaramoreLn 110/07/2024 1 399-011-38 2302WLaramoreLn2 1 05/07/2024 1 399-053-07 932WEighteenthSt2 1 10/28/2024 1 399-091-19 2417WEdnaDr 1 03/08/2024 1 399-132-40 2306NLairdSt2 1 03/20/2024 1 399-153-08 2221WDowniePl2 1 12/19/2024 1 400-162-09 909NMirasolSt2 1 03/28/2024 1 400-164-05 9251/2NDianneSt 0 400-191-10 1701 ELadellCir2 0 400-191-31 818NMantleLn2 1 08/05/2024 1 403-171-01 1907SMapleSt2 1 10/10/2024 1 403-192-04 216EEdingerAve2 11 03/12/2024 1 404-011-11 901 EMyrtleSt2 1 06/25/2024 1 404-085-02 414EPineStB 1 12/19/2024 1 404-085-05 402EPineSt2 1 12/05/2024 1 404-086-08 407EPineSt2 1 06/06/2024 1 404-086-12 252SOakSt 0 404-092-12 212SOran eAveE 1 08/14/2024 1 1 404-092-12 212SOrangeAveF 1 08/14/2024 1 1 City Council 7 — 137 16 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 404-101-09 116ECamileSt 1 02/08/2024 1 405-012-13 2410WWashingtonAve2 1 02/13/2024 1 405-082-13 614NSheltonSt2 1 01/17/2024 1 405-101-31 1313NEnglishSt2 1 08/27/2024 1 405-131-09 1724WNinthSt 0 405-131-22 1610WNinthSt2 1 12/10/2024 1 405-131-23 1602W N inthSt2 1 01 /11 /2024 1 405-131-33 1509WCivic CenterM 0 405-131-33 1509WCivic CenterM 0 405-131-33 1510WNinthSt2 0 405-131-33 1510WNinthSt3 0 405-131-53 1629WCivic CenterDr108 1 02/01/2024 1 405-141-13 1621 WTenthSt2 1 09/27/2024 1 405-151-35 1609WTwelfthSt2 0 405-151-45 1709WTwelfthSt2 1 01 /25/2024 1 405-152-43 1637WEleventhSt2 1 04/10/2024 1 405-183-06 909NLoweliSt 1 05/22/2024 1 405-231-11 816NTownerSt2 1 09/20/2024 1 405-251-08 1512NBakerSt2 1 12/27/2024 1 405-261-04 1004NBakerSt2 1 10/18/2024 1 405-281-17 11108NFreemanSt2 1 07/11/2024 1 405-292-05 1108NTownerSt2 1 12/11/2024 1 405-292-13 1021 NWestwoodAve2 0 405-293-03 1416NWestwoodAve2 1 12/04/2024 1 407-022-03 1242SMarineSt2 1 05/21/2024 1 407-043-01 2802WLA VerneAve2 0 407-111-36 2429WHoodAve2 0 408-041-11 2701 WPomonaSt2 11 08/06/2024 1 408-224-15 2713WPendletonAve2 0 408-232-11 2301 SGlenarborSt2 1 05/23/2024 1 408-261-30 1623WPomonaSt2 1 05/17/2024 1 408-293-14 1702SReneDr2 0 408-295-07 1806WOccidentalSt2 1 07/22/2024 1 408-313-06 1814 WCarltonPl2 1 01 /09/2024 1 408-313-06 1814WCarltonPl2 1 01 /09/2024 1 408-323-10 2030SPoplarSt2 0 408-324-17 1509WGIenwoodPl2 1 09/03/2024 1 408-325-02 20231/2SReneDr 1 07/16/2021 1 408-386-05 2217WCamdenPl2 1 01/31/2024 1 408-388-02 1920SDiamondSt2 1 08/23/2024 1 408-423-09 2234SCenterSt100 1 08/12/2024 1 1 408-446-02 2117SDoreenWa 2 11 105/02/2024 1 1 408-463-02 1506WCIeghornWay2 I I 1 0 City Council 7 — 138 17 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 408-463-02 1506WCIeghornWay3 0 410-072-02 906WAltonAve2 1 02/08/2024 1 410-091-05 901WJuniperAve2 1 02/05/2024 1 410-171-16 614WJuniperAve2 0 410-171-22 616WOrionAve 0 410-252-07 3314STownerSt2 1 11/01/2024 1 410-252-19 3229SParkDr2 0 410-261-62 1013WAltonAve2 0 410-452-13 3018SRosewoodAve2 0 411-062-08 2553SHalladaySt 1 05/13/2024 1 412-091-27 3117SCenterSt2 1 08/13/2024 1 412-152-06 3112SManitobaDr 1 10/30/2024 1 412-252-02 2620SDiamondSt2 1 03/27/2024 1 412-261-10 2914SDiamondSt3 1 04/24/2024 1 412-271-18 1801 WGarryAve2 1 10/08/2024 1 108-253-21 826SHarborBlvd 0 108-253-21 828SHarborBlvd 0 108-253-21 830SHarborBlvd 0 108-253-21 832SHarborBlvd 0 108-253-21 834SHarborBlvd 0 108-253-21 836SHarborBlvd 0 108-253-21 838SHarborBlvd 0 108-253-21 840SHarborBlvd 0 108-253-21 842SHarborBlvd 0 108-253-21 844SHarborBlvd 0 108-253-21 846SHarborBlvd 0 108-253-21 848SHarborBlvd 0 108-253-21 1850SHarborBlvd I 1 0 108-253-21 852SHarborBlvd 0 108-253-21 854SHarborBlvd 0 108-253-21 856SHarborBlvd 0 108-253-21 858SHarborBlvd 0 108-253-21 860SHarborBlvd 0 108-253-21 862SHarborBlvd 0 108-253-21 864SHarborBlvd 0 108-253-21 866SHarborBlvd 0 108-253-21 868SHarborBlvd 0 402-061-03 581SLyonSt 1 05/08/2024 1 402-061-03 581SLyonSt 1 05/08/2024 1 402-061-03 583SLyonSt 1 05/08/2024 1 402-061-03 585SLyonSt 1 05/08/2024 1 402-061-03 587SL onSt 1 05/08/2024 1 402-061-03 589SLyonSt 1 05/08/2024 1 1 City Council 7 — 139 18 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 402-061-03 591SLyonSt 1 05/08/2024 1 402-061-03 593SLyonSt 1 05/08/2024 1 402-061-03 595SLyonSt 1 05/08/2024 1 402-061-03 597SLyonSt 1 05/08/2024 1 402-061-03 601SLyonSt 1 05/08/2024 1 402-061-03 603SLyonSt 1 05/08/2024 1 402-061-03 605SLyonSt 1 05/08/2024 1 402-061-03 607SLyonSt 1 05/08/2024 1 402-061-03 609SLyonSt 1 05/08/2024 1 402-061-03 611SLyonSt 1 05/08/2024 1 402-061-03 613SLyonSt 1 05/08/2024 1 402-061-03 615SLyonSt 1 05/08/2024 1 402-061-03 617SLyonSt 1 05/08/2024 1 402-061-03 621SLyonSt 1 05/08/2024 1 402-061-03 623SLyonSt 1 05/08/2024 1 402-061-03 625SLyonSt 1 05/08/2024 1 402-061-03 627SLyonSt 1 05/08/2024 1 402-061-03 629SLyonSt 1 05/08/2024 1 402-061-03 631SLyonSt 1 05/08/2024 1 402-061-03 1633SLyonSt 1 1 05/08/2024 1 402-061-03 635SLyonSt 1 05/08/2024 1 402-061-03 637SLyonSt 1 05/08/2024 1 402-061-03 651SLyonSt 1 05/08/2024 1 402-061-03 653SLyonSt 1 05/08/2024 1 402-061-03 655SLyonSt 1 05/08/2024 1 402-061-03 657SLyonSt 1 05/08/2024 1 402-061-03 661SLyonSt 1 05/08/2024 1 402-061-03 1663SLyonSt I 1 1 05/08/2024 1 402-061-03 665SLyonSt 1 05/08/2024 1 402-061-03 667SLyonSt 1 05/08/2024 1 402-061-03 669SLyonSt 1 05/08/2024 1 402-061-03 671SLyonSt 1 05/08/2024 1 402-061-03 673SLyonSt 1 05/08/2024 1 402-061-03 675SL onSt 1 05/08/2024 1 402-061-03 677SLyonSt 1 05/08/2024 1 402-061-03 681SLyonSt 1 05/08/2024 1 402-061-03 683SLyonSt 1 05/08/2024 1 402-061-03 685SLyonSt 1 05/08/2024 1 402-061-03 687SLyonSt 1 05/08/2024 1 402-061-03 689SLyonSt 1 05/08/2024 1 402-061-03 691SLyonSt 1 05/08/2024 1 402-061-03 693SL onSt 1 05/08/2024 1 402-061-03 701SLyonSt 11 i i i 105/08/2024 1 City Council 7 — 140 19 5/6/2025 Attachment B Current APN Street Address Project Name, Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Rate Issued # of Units Issued Building Permits 402-061-03 703SLyonSt 1 05/08/2024 1 402-061-03 705SLyonSt 1 05/08/2024 1 402-061-03 707SLyonSt 1 05/08/2024 1 008-232-39 1246WChestnutAve 05/08/2024 0 014-122-27 2033SEvergreenSt 06/13/2024 0 015-083-07 2117SBroadway 1 02/08/2024 1 015-083-07 2119SBroadway 110/22/2024 1 108-131-27 620SNewhopeSt 1 04/03/2024 1 198-071-10 1423NMar-LesDr 0 198-336-02 1018NGatesSt 1 10/02/2024 1 398-041-18 830NLacySt 0 405-131-33 1509WCivic CenterDr 0 405-131-33 1510WNinthSt i 0 City Council 7 — 141 20 5/6/2025 Attachment B Table A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Affordability by Household Incomes - Certificates of Occupancy 10 11 12 Current APN Street Address Project Name+ 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 248 35 24 60 0 55 533 955 405-101-37 1921 W Washington Habitat for Humanity 6-Unit Development 0 412-131-(12 through 2 3600 S Bristol Stree Related Bristol Specific Plan 0 198-182-21 108-131-04 First Harbor Mixed- 101 N Harbor Use Development 4723WMcFaddenAve 0 0 108-131-04 4743WMcFaddenAve 0 108-131-04 630SHarmonSt 0 398-453-01 1202EThirdSt 0 398-522-26 1412NBroadwa A 1 06/25/2024 1 39 -52 -26 1412NBroadwayB 1 06/25/2024 1 1412NBroadwayC 1 06/25/2024 1 2727NMain PlaceDr 309 03/27/2024 309 198-011-05 1108NHarborBlvdA 89 09/24/2024 89 estmins er ve 631 07 26 2024 63 es mins er ve 21 21 as ing on ve 85 86 7398-328-01 am 11 124 1311 NBroadway-081-052-16 0 2402NHes erianSt2 1530W Marion W ay2 1 01 /30/2024 001-067-05 1514WMarionWay2 1 08/12/2024 1005WBuffaloAve2 2137NFreemanSt2 e io rope r 1 12/23/2024 e io rope r 1 10/15/2024 009-103-11 e io rope r 1 11/12/2024 ZUZINUreenleatbt2i en on ay air roo n 1 04/22/2024 1 06/14/2024 1 08/05/2024 003-132-03 1 01 /11 /2024 003-164-57 1 08/19/2024 003-212-33 122/2024 004-111-16 1 004-122-25 1 10/09/2024 City Council 7 — 142 21 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 004-122-26 1330 WTenthSt2 1 07/31 /2024 1 004-153-16 2217WCivic CenterDr2 0 004-161-28 2050WMarthaLn2 1 10/23/2024 1 004-171-11 2037 WTwelfthSt2 1 07/25/2024 1 004-172-08 2106WTwelfthSt2 1 04/05/2024 1 004-183-16 2133W ivic GenterDr2 0 005-112-14 urant t 1 11/01/2024 1 1510NDurantSt100 1 10/30/2024 1 1419WThirdSt2 1 12/23/2024 1 1624WSecondSt2 1 10/07/2024 71 -001-203-00 1516WSecondW 1 03/13/2024 007-203-07 1506WSecondSt2 1 09/05/2024 007-224-24 1613WChestnutAve2 007-224-24 1613WChestnutAve3 087-264-13 1 t2 twmnebtz 703wPineSM 007-322-20 es nu ve 1 02/07/2024 ine 1 04/29/2024 1002 W Pi neSt2 1 01 /23/2024 1246WChestnutAve2 1246WChestnutAve3 008-941-49 924WChestnutAve3 1 09/18/2024 1003WMyrtleSt2 010-099-06 418SDiamondSt2 1 08/26/2024 1318WRaymarSt2 010-063-13 ores ve 010-063-15 ai 1 03/05/2024 010-111-14 522SRaittSt2 010-131-11 519SMa noliaAve2 1 1 05/02/2024 010-142-02 808WCamileSt 010-143-16 507SBirchSt 010-163-10 534SSycamoreSt 1 01/24/2024 1 010-163-10 614SVan NessAve1 1 05/28/2024 1 010-163-11 614SVan NessAve 1 05/28/2024 0 010-163-11 616SVan NessAveE 0 010-163-11 616SVan NessAveC 0 010-170-06 Tf US Ta—n ess ve D 0 010- 70- 7 eon 0 - Rcff an ve is ff an a 7 3 ve 19 0 is ff an d Xve z u 0 1 07/31 /2024 817SRossSt2 808SVan NessAve 1 01/17/2024 1021 WCubbonSt2 1 03/27/2024 1219WCubbonSt2 City Council 7 — 143 22 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 010-271-18 1201 WCubbonSt2 1 05/22/2024 1 010-272-07 1218WCubbonSt2 0 010-301-25 2325WMarkSt 0 010-303-03 2406WMarkSt2 1 10/09/2024 1 011-043-13 334EBishopW 0 - ypress ve Q ypress ve 10 1 0 011-062-04 ypress ve 0 ypress ve - arwoo 921 SKilsonDr2 1 12/23/2024 849EMcFaddenAve2 1245 W W ilshi reAve 1 11 /26/2024 013-063-02 934 W McFaddenAve2 1 01 /26/2024 ,013-071-17 1233SSheltonSt2 1 07/02/2024 2 0 Towner t2 1 07/09/2024 ower t 1 11/15/2024 122bz5Partonbtz a on 1 07/17/2024 oss 1 10/07/2024 arnsey 1 05/17/2024 013-192-19 1 04/15/2024 1 _ 1 07/16/2024 013-221-08 09/12/2024 013-244-10 1689SShelto1 014-093-07 20288K019eH9F21 01/12/2024 014-093-34 2069SOAW 0 014-113-29 Q 014-122-27 2033SHallada St2 0 014-215-01 2033SEvergreenSt2 0 901 EOccidentalSt2 0 014-222-07 1251 SEvergreenSt2 014-424-08 814EElderAve2 Q 015-041-09 1810SPartonSt2 4 015-043-22 1818SRossSt2 1 01/10/2024 1 015-052-01 316 W Pomo n a St 0 015-052-01 318WPomonaSt 0 5- roa way Q 015-083-07 roa way 0 roa way roa way 015-123-12 arnsey 2069SGarnseySt2 11 1 01 /10/2024 08/09/2024 1 City Council 7 — 144 23 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued EMIL # of Units issued Certificates of Occupancy or other forms of readiness 015-134-12 1932SRossSt2 0 015-154-01 2031 SLoweIISt2 1 02/28/2024 1 015-203-09 2134SParkDr2 0 015-213-21 1057WSt GertrudeP12 1 08/20/2024 1 015-214-11 1241 WCamdenPl2 1 04/08/2024 1 015-220-10 2034SBakerSt2 0 016-031-31 231 EFIoraSt2 1 05/16/2024 1 016-033-29 2405SCypressAve 0 016-034-22 2318SMapleSt2 0 016-043-24 312ECentralAveC 1 08/22/2024 1 016-081-43 446ECentralAve2 1 10/16/2024 1 016-084-14 508EAdamsSt2 1 08/12/2024 1 016-105-18 940EAnahurstPl 0 016-135-46 618ECentralAve2 1 07/18/2024 1 099-211-03 5405WRooseveltAve2 0 099-211-31 5505 W RooseveltAve2 1 08/28/2024 1 099-211-32 5501WRooseveltAve2 1 08/26/2024 1 099-232-18 305NCooperSt2 1 05/29/2024 1 099-233-09 314NCooperSt2 1 09/16/2024 1 100-222-15 1005NEvondaSt2 1 04/25/2024 1 100-222-20 903NEvondaSt 1 10/21/2024 1 100-231-42 48251/2WSeventhSt 1 10/03/2024 1 100-241-47 5017WSixthSt2 0 100-261-08 712NMorseDr2 0 100-261-08 712NMorseDr2 0 100-282-10 326NMountain ViewSt2 1 07/17/2024 1 100-533-10 701NMountain ViewSt2 0 100-572-10 4314WRooseveltAve2 1 10/04/2024 1 43211 /2 WSi lverDr 1 07/02/2024 1 101-041-23 2337NStacyLn2 2337NStacyLn3 2605 WStrawberryLn2 1 10/01 /2024 101-122-27 2613WStrawberryLn2 1 08/08/2024 101-132-06 1717NSydneySt2 1 08/08/2024 101-562-09 2122NLewisSt2 101-571-08 2129NCotterSt2 1 07/24/2024 1 101-572-10 21261/2NSpinnakerSt 1 04/17/2024 1 108-101-27 4717WHendersonPl2 1 05/14/2024 1 108-102-14 4618WRoyCir2 0 108-102-20 4605WRoyCir2 1 02/21/2024 1 108-334-15 11214SKarenAve2 1 11 1 105/21/2024 1 108-334-15 11214SKarenAve3 1 05/21/2024 1 108-344-01 11005SVirleeSt2 1 0 108-344-11 11114SKarenAve2 1 04/16/2024 1 City Council 7 — 145 24 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 108-344-11 11 14S KarenAve3 1 04/16/2024 1 108-345-07 1105SKarenAve2 0 108-353-11 922SHarmonSt2 1 08/12/2024 1 108-354-14 906SVirleeSt2 Q 108-364-07 4917WFlightAve2 0 108-402-12 630SDriftwoodDr2 1 12/02/2024 1 108-402-18 4902WAcapulcoAve2 1 1 07/12/2024 1 108-434-13 5310WMelricM 1 12/05/2024 1 108-504-36 5604WHighlandSt2 0 108-562-11 5403W KedgeAve2 1 01 /30/2024 1 108-602-37 904SSparSt2 0 108-604-10 904SShannonSt2 0 108-721-07 3922WCrystalLn2 1 04/29/2024 1 108-721-08 3918WCrystalLn2 0 108-722-38 1041 SDennisSt2 1 10/02/2024 1 108-722-43 1021 S Denn isSt2 1 11 /04/2024 1 109-123-17 2222WElderAve3 1 07/10/2024 1 109-123-17 2222WElderAve2 0 109-123-42 2429WBorchardAve2 1 07/25/2024 1 109-273-06 1321 SPacificAve2 Q 109-344-25 1401 WHighlandSt2 Q 109-363-30 1625W McFaddenAve2 1 11 /01 /2024 1 109-372-12 1314SJoaneWay2 1 07/24/2024 1 109-412-10 1205SSpruceSt2 1 03/20/2024 1 109-664-18 3322WBorchardAve2 1 04/18/2024 109-672-04 1146SMohawkDr2 1 04/04/2024 1 109-744-13 2814WCubbonSt2 1 07/10/2024 1 109-752-52 31021/2WCubbonSt 1 01/17/2024 1 109-834-18 510SArapahoDr2 1 07/24/2024 1 140-163-18 2625SLoweliSt2 1 05/29/2024 1 140-281-07 2718SReneDr2 0 144-331-18 306SLaurelSt 1 05/15/2024 1 144-361-29 907SBewleySt2 0 144-361-56 914SJacksonSt2 1 10/07/2024 1 144-372-12 918SSusanSt2 1 1 1 05/07/2024 1 188-062-25 5113WRobertsM 0 188-062-25 5113WRobertsDr3 0 188-082-12 8221/2STolandSt 1 08/07/2024 1 188-102-19 829SEIIiottP12 0 198-071-10 1423N Mar-LesDr2 1 11 /01 /2024 1 198-071-10 1423N Mar-LesDr3 1 11 /01 /2024 1 198-071-15 1401 N Mar-LesDr2 1 1 01 /10/2024 1 198-102-22 11127NBewleySt 1 1 09/04/2024 1 1 City Council 7 — 146 25 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 198-141-03 1409NGlenarborSt2 0 198-141-03 1409NGlenarborSt3 0 198-181-18 122 N BewleySt2 0 198-242-31 209NBewleySt2 0 198-302-02 4310WSunsweptAve2 0 198-302-04 4313WMorningsideAve2 0 198-303-11 1402NMountain ViewSt2 0 198-323-14 4325WOakfieldAve2 1 03/11/2024 1 390-184-02 1506ECIemensenAve2 0 396-072-31 2102N W rightSt2 0 396-191-07 1210EAvalonAve2 1 09/20/2024 1 396-242-26 1417EFranzenAve2 0 398-182-22 1325NCusterSt2 1 11 /18/2024 1 398-286-10 302SBroadway104 1 02/01/2024 1 398-291-04 415SRossSt2 0 398-293-10 439SBroadway 0 398-293-22 220WChestnutAve 1 1 01/26/2024 1 398-374-08 716NEastwoodAve2 1 12/16/2024 1 398-374-18 604NEastwoodAve101 1 08/05/2024 1 398-393-12 417NLinwoodAve2 0 398-451-07 208NHathawaySt2 0 398-482-04 602EThirdSt2 1 01/08/2024 1 398-521-11 419W W ashi ngtonAve2 1 07/17/2024 1 398-531-22 1123N FlowerSt 1 0 398-552-01 1017NRiverineAve100 0 398-552-01 1017NRiverineAve200 0 398-552-08 319WTenthSt2 1 06/12/2024 1 398-552-08 319WTenthSt3 1 06/12/2024 1 398-582-05 1411 NGarnseySt2 1 11/07/2024 1 399-011-14 2209WLaramoreLn 0 399-011-38 2302WLaramoreLn2 0 399-053-07 932WEighteenthSt2 0 399-091-19 2417WEdnaDr 0 399-132-40 2306NLairdSt2 0 399-153-08 2221 WDowniePl2 0 400-162-09 909NMirasolSt2 0 400-164-05 9251/2NDianneSt 1 1 05/21/2024 1 400-191-10 1701 ELadellCir2 1 02/27/2024 1 400-191-31 818NMantleLn2 0 403-171-01 1907S MapleSt2 1 11 /06/2024 1 403-192-04 216EEdingerAve2 1 08/23/2024 1 404-011-11 901 EMyrtle&2 0 404-085-02 414EPineStB 0 City Council 7 — 147 26 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 404-085-05 402EPineSt2 0 404-086-08 407EPineSt2 0 404-086-12 252SOakSt 1 03/20/2024 1 404-092-12 212SOrangeAveE 0 404-092-12 212SOrangeAveF 0 404-101-09 116ECami IeSt 0 405-012-13 2410WWashingtonAve2 1 11/14/2024 1 405-082-13 614NSheltonSt2 1 1 06/13/2024 1 405-101-31 1313NEnglishSt2 0 405-131-09 1724 W N inthSt 1 03/19/2024 1 405-131-22 1610 W N inthSt2 0 405-131-23 1602 W N inthSt2 0 405-131-33 1509WCivic CenterDr2 1 04/17/2024 1 405-131-33 1509WCivic CenterDr3 1 04/17/2024 1 405-131-33 1510 W N inthSt2 1 1 06/06/2024 1 405-131-33 1510 W N inthSt3 1 1 06/06/2024 1 405-131-53 1629WCivic CenterDr108 1 07/01/2024 1 405-141-13 1621 WTenthSt2 0 405-151-35 1609 WTwelfthSt2 1 05/02/2024 1 405-151-45 1709 WTwelfthSt2 1 08/08/2024 1 405-152-43 1637WEleventhSt2 0 405-183-06 909NLowellSt 0 405-231-11 816NTownerSt2 0 405-251-08 1512NBakerSt2 0 405-261-04 1004NBakerSt2 0 405-281-17 1108N FreemanSt2 0 405-292-05 1108NTownerSt2 0 405-292-13 1021 N WestwoodAve2 1 04/05/2024 1 405-293-03 1416NWestwoodAve2 0 407-022-03 1242SMarineSt2 1 0 407-043-01 2802WLA VerneAve2 1 01/29/2024 1 407-111-36 2429WHoodAve2 F 1 02/05/2024 1 408-041-11 2701 WPomonaSt2 1 1 12/17/2024 1 408-224-15 2713WPendletonAve2 1 09/20/2024 1 408-232-11 2301 SGlenarborSt2 0 408-261-30 1623W PomonaSt2 1 0 408-293-14 1702S ReneDr2 I 1 1 01 /29/2024 1 408-295-07 1806WOccidental&2 0 408-313-06 1814WCarltonPl2 1 04/03/2024 1 408-313-06 1814WCarltonPl2 1 04/03/2024 1 408-323-10 2030SPoplarSt2 1 08/08/2024 1 408-324-17 1509WGIenwoodPl2 0 408-325-02 20231/2SReneDr 1 1 03/27/2024 1 City Council 7 — 148 27 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 408-386-05 2217WCamdenPl2 1 09/16/2024 1 408-388-02 1920SDiamondSt2 0 408-423-09 2234SCenterSt100 0 408-446-02 2117SDoreenWay2 1 10/03/2024 1 408-463-02 1506WC1eghornWay2 1 05/13/2024 1 408-463-02 1506WC1eghornWay3 1 05/13/2024 1 410-072-02 906WAltonAve2 0 410-091-05 901WJuniperAve2 0 410-171-16 614WJuniperAve2 1 09/24/2024 1 410-171-22 616WOrionAve 1 02/05/2024 1 410-252-07 3314STownerSt2 0 410-252-19 3229SParkDr2 1 05/21/2024 1 410-261-62 1013 WAltonAve2 1 1 01 /24/2024 1 410-452-13 3018SRosewoodAve2 1 05/13/2024 1 411-062-08 2553SHalladaySt 0 412-091-27 3117SCenterSt2 0 412-152-06 3112SManitobaDr 0 412-252-02 2620SDiamondSt2 0 412-261-10 2914SDiamondSt3 1 08/08/2024 1 412-271-18 1801 WGarryAve2 0 108-253-21 826SHarborBlvd 1 01/24/2024 1 108-253-21 828SHarborBlvd 1 01/17/2024 1 108-253-21 830SHarborBlvd 1 01/17/2024 1 108-253-21 832SHarborBlvd 1 01/17/2024 1 108-253-21 834SHarborBlvd 1 02/29/2024 1 108-253-21 836SHarborBlvd 1 02/29/2024 1 108-253-21 838SHarborBlvd 1 02/29/2024 1 108-253-21 840SHarborBlvd 1 02/29/2024 1 108-253-21 842SHarborBlvd 1 02/29/2024 1 108-253-21 844SHarborBlvd 1 04/04/2024 1 108-253-21 846SHarborBlvd 1 1 04/04/2024 1 108-253-21 848SHarborBlvd 1 04/04/2024 1 108-253-21 850SHarborBlvd 1 04/04/2024 1 108-253-21 852SHarborBlvd 1 04/04/2024 1 108-253-21 854SHarborBlvd 1 04/15/2024 1 108-253-21 856SHarborBlvd 1 04/15/2024 1 108-253-21 858SHarborBlvd 1 04/15/2024 1 108-253-21 860SHarborBlvd 1 07/24/2024 1 108-253-21 862SHarborBlvd 1 07/24/2024 1 108-253-21 864SHarborBlvd 1 07/24/2024 1 108-253-21 866SHarborBlvd 1 07/24/2024 1 108-253-21 868SHarborBlvd 1 07/24/2024 1 402-061-03 581SLyonSt 1 11/25/2024 1 City Council 7 — 149 28 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 402-061-03 581SLyonSt 1 11/25/2024 1 402-061-03 583SLyonSt 1 11/25/2024 1 402-061-03 585SLyonSt 1 11/25/2024 1 402-061-03 587SLyonSt 1 12/18/2024 1 402-061-03 589SLyonSt 1 12/18/2024 1 402-061-03 591SLyonSt 0 402-061-03 593SLyonSt 0 402-061-03 595SLyonSt 0 402-061-03 597SLyonSt 0 402-061-03 601SLyonSt 0 402-061-03 603SLyonSt 0 402-061-03 605SLyonSt 0 402-061-03 607SLyonSt 0 402-061-03 609SLyonSt 0 402-061-03 611SLyonSt 0 402-061-03 613SLyonSt 0 402-061-03 615SLyonSt 0 402-061-03 617SLyonSt 0 402-061-03 621SLyonSt 0 402-061-03 623SLyonSt 0 402-061-03 625SLyonSt 0 402-061-03 627SLyonSt 0 402-061-03 629SLyonSt 0 402-061-03 631SLyonSt 0 402-061-03 633SLyonSt 0 402-061-03 635SLyonSt 0 402-061-03 637SLyonSt 0 402-061-03 651SLyonSt 0 402-061-03 653SLyonSt 0 402-061-03 655SLyonSt 0 402-061-03 657SLyonSt 0 402-061-03 661SLyonSt 0 402-061-03 663SLyonSt 0 402-061-03 665SLyonSt 0 402-061-03 667SLyonSt 0 402-061-03 669SLyonSt 0 402-061-03 671SLyonSt 0 402-061-03 673SLyonSt 0 402-061-03 675SLyonSt 0 402-061-03 677SLyonSt 0 402-061-03 681SLyonSt 0 402-061-03 683SLyonSt 0 402-061-03 685SLyonSt 0 City Council 7 — 150 29 5/6/2025 Attachment B Current APN Street Address Project Name- 1 Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness 402-061-03 687SLyonSt 0 402-061-03 689SLyonSt 1 11/21/2024 1 402-061-03 691SLyonSt 0 402-061-03 693SLyonSt 0 402-061-03 701SLyonSt 0 402-061-03 703SLyonSt 0 402-061-03 705SLyonSt 0 402-061-03 707SLyonSt 0 008-232-39 1246WChestnutAve 0 014-122-27 2033SEvergreenSt 0 015-083-07 2117SBroadway 0 015-083-07 2119SBroadway 0 108-131-27 620SNewhopeSt 0 198-071-10 1423N Mar-LesDr 1 11/01/2024 1 198-336-02 1018NGatesSt 0 398-041-18 830NLacySt 1 01/11/2024 1 405-131-33 1509WCivic CenterDr 1 04/17/2024 1 405-131-33 1510 W N inthSt 1 06/06/2024 1 City Council 7 — 151 30 5/6/2025 Attachment B Table A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Streamlining Infill Housing with Financial Assistance and/or Deed Restrictions Housing without Financial Assistance or Deed Restrictions Term of Affordability or Deed Restriction Demolished/Destroyed Units Density Bonus 13 14 1s 16 17 1 1 s 20 Current APN Street Address Project Name. j How many of the units were Extremely Low Income? Please select the state streamlining provision the project was APPROVED pursuant to. (may select multiple) Iniill Units? Y/N. Assistance Programs for Each Development (may select multiple -see instructions) Deed Restriction Type (may select multiple -see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable (see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000). Number a Demolished/Destra yed Units Demolished or Destroyed Units Demolished/ Destroyed Units Owner r Renter Total Density Bonus Applied to the Project (Percentage Increase or Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other Incentives, Concessions, Waivers, or Other Modifications Given to the Project ((Exclutlin Parking Waiv or Parking Reductions) List the incentives, ncessian s, wa were, and modifications (Excluding Parkingaarki�vgers Modifiications) Did the project receive a reduction wmver of parking standards? (Y/N) 405-101-37 1921 W W-hinctor Habltatfor Humanity 6-Unit Development sz NONE V Other DB 45 o 0 5 Setbacks, Front yard fencing, Builgin SepInuion, Open Specs, Trash N 412-131-(12 Ih.0 h 28) 3600 S Brstol Stre Relatetl Bristol Specifc plan NONE Y 198-182-21 101 N Harbor FImlHa1borMixetl- Use Development NONE Y INC 45 108-131-04 4723WMCFadden— NONE 108-131-04 4743WMCFadden— NONE 108-131-04 630SHarmonSt NONE Y 398-453-01 1202E-r'Et NONE IY 398-522-26 1412NBr--yA NONE Y 398-522-26 r11tlwayI3 NONE V 398-522-26 1412NBroatlwayC NONE Y 002-210-57 272NMain PI—D NONE Y 198-011-OS 1108NHarborBlvtlA 89 NONE Y 55 198-132-21 2530 .M.inaterAve 63 NONE Y HOME. Other INC 55 0 0 198-132-21 2534—uninste— NONE Y HOME, Other INC 55 398-092-14 1146EWashingtooAve NONE Y HOME, Other INC 0 0 398-328 Ot 401NMaln6t NONE Y DB 55 0 0Other Yes 398-523-10 131114Broadway NONE Y 1 55Yes 001-052-16 2402N11esper-st 0 NONE Y Based on Dercentages of attortlable ADO fountl in SCAG report for OC 001-OB]-01 1"o—n.—Y2 NONE Y Based on percentages of attortlable ADU fountl m SCAG report for OC 001-OB]-05 1514WMa110—y 0NONE Y Based on percentages of attortlable ADU fountl h SCAG report for OC 001-181-15 1005WBu%aloAve2 0 NONE Y Based on Dercentages of attortlable ADU fountl in SCAG report for OC 001-185-07 213]NFreeman3t2 0NONE Y Based on percentages of attortlable ADU fountl in SCAG report for OC 002-084-30 24471911ellotropeDr2 0NONE Y Based on Dercentages of attortlable ADU fountl m SCAG report for OC 002-064-03 24391411ellotropeDr2 NONE Y Based on percentages of attortlable ADU fountl m SCAG report for OC 002-081-01 2101 NHeII—peD,2 NONE Y Based on percentages of attortlable ADU fountl h SCAG report for OC 002-103-11 2021 NGreenleafSt2 0NONE Y Based on Dercentages of attortlable ADU fountl in SCAG report for OC 002-133-23 23311,BentonWay2 0NONE Y Based on percentages of attortlable ADU fountl in SCAG report for OC 002-243-05 1014W1airbmo11n 0 NONE y Based on Dercentages of attortlable ADU fountl m SCAG report for OC 002-252-02 1043WSh—ood— NONE V Based on percentages of attortlable ADU fountl in SCAG report for OC 003-050-08 908EGrovamoniSt2 NONE Y Based on percentages of attortlable ADU fountl h SCAG report for OC 003-051-14 91]EGrovamoniSt2 NONE Y Based on Dercentages of attortlable ADU fountl in SCAG report for OC 003-082-Ofi 2408NPoinaettiaSt2 NONE V Based on percentages of attortlable ADU fountl in SCAG report for OC 003-132-03 fi10ESanta CI—Ave2 NONE V Based on Dercentages of attortlable ADU fountl in SCAG report for OC 003-164-5] 1]18NPoinaettiaSt 0NONE V Based on percentages of attortlable ADU fountl m SCAG report for OC 003-212-33 8091I2EAvalonAve NONE V Based on percentages of attortlable ADU fountl h SCAG report for OC City Council 7 — 152 31 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density BODUS Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or deed or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 004-111-16 1314WEIeventh5t2 0NONE Y Basetl on percentages of affortlable ADU fountl m SLAG report for OC Basetl on percentages of ADU found h SLAG 004-122-25 1402—th- 0NONE Y affortlable report for OC Basetl on percentages of ADU fountl h SLAG 004-122-26 1330W]enth- 0 NONE Y affortlable report for OC 004-153-16 221] 0C 1C CeMer02 0NONE Y Basetl on percentages of affortlable ADU found in SLAG repotl for OC Basetl on percentages of ADU found in SLAG 004-161-28 120EOWM.nh.Ln2 NONE Y affortlable I report for OC Basetl on percentages of ADU found in SLAG 004-171-11 2037WrwelRhSt2 NONE Y affortlable report for OC Basetl on percentages of ADU found h SLAG 004-172-08 Vn6WrwelflhSt2 NONE Y affortlable report for OC Basetl on percentages of ADU fountl h SLAG 004-183-16 2133WCIVIC CenterOr2 0NONE Y affortlable report for OC 005-112-14 1508NDurendn NONE Y Basetl on percentages of affortlable ADU found in SLAG report for OC Basetl on percentages of ADU found in SLAG 005-112-14 1510NDur-St100 I NONE Y affordable I report for OC Basetl on percentages of ADU found in SLAG 007-181-12 14—hild- 0NONE Y affortlable report for OC Basetl on percentages of ADU found h SLAG 007-202-03 1624WSecontlSt2 NONE Y affortlable report for OC Basetl on percentages of ADU found h SLAG 007-203-05 1516WS... rdSt2 NONE Y affortlable report for OC OOJ-203-0] 1506WSe rdSt2 NONE Y Basetl on percentages of affortlable ADU found in SLAG report for OC Basetl on percentages of ADU found in SLAG OOJ-224-24 1613WO—nutAve2 ONONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG OOJ-224-24 1613WChesrUu e3 0NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG OOJ-264-13 1727WPIneS12 ONONE Y affortlable report for OC Basetl on percentages of ADU found h SLAG OOJ-264-1] iJ03WPineS[3 NONE Y affortlable report for OC OOJ-322-20 1609W01estnutAve2 NONE Y Basetl on percentages of affortlable ADU round in SLAG report for OC Basetl on percentages of ADU fountl in SLAG 008-212-03 1048WPlr.$12 NONE Y affortlable reponfor OC Basetl on percentages of ADU round in SCAG 008-212-63 1002WPine3t2 NONE Y aRortlable report for OC Basetl on percentages of ADU round in SCAG 008-232-39 1246WChestnutAve2 0 — Y aRortlable report for OC Basetl on percentages of ADU round in SCAG 008-232-39 1246WChestnutAve3 0 — Y aRortlable report for OC Basetl on percentages of ADU round in SLAG OOB-241-20 924WCheslnutAve3 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 008-241-02 1—valy-st2 NONE Y affortlable report for OC Basetl on percentages of ADU round in SCAG 010-011-15 418SDIa rdSt2 NONE Y affortlable report for OC Basetl on percentages of ADU round in SCAG 010-022-06 1318WRaymarSt2 NONE Y affortlable report for OC Basetl on percentages of ADU round in SCAG 010-053-20 502SFore Ave2 0NONE Y affortlable report for OC City Council 7 — 153 32 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density 8011U5 Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 010-063-13 530—ift- NONE Y Basetl on percentages of affortlable ADO fountl in SLAG repon for OC Basetl on percentages of ADO found h SLAG 010-063-15 5225Ra1-2 0NONE Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 010-111-14 519—gno11aAve2 NONE Y affortlable report for OC 010-131-11 808WCamlle8l NONE Y Basetl on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 010-142-02 507SBirchSt 0NONE Y affortlable repotl for OC Basetl on percentages of ADO found in SLAG 010-143-16 534SSycamoreSt NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 010-163-10 614SVan NessAve NONE Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 010-163-10 614SVan NessAve NONE Y affortlable report for OC 010-163-11 6165Van Ne Av 0NONE Y Basetl on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 010-163-11 1,316SVan N—AveC 0 NONE Y affordable repotl for OC Basetl on percentages of ADO found in SLAG 010-163-11 616SVan Nes.Ao.D 0NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 010-170-06 627SShellorSt2 0NONE Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 010-1]04] 1003WRichi—A-8 NONE Y affortlable report for OC 010-t]0-0] 1003WRic1lardAve19 NONE Y Basetl on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO tountl in SLAG 010-t]0-0] 1003WRichlandAve20 NONE Y aRortlable report for OC Basetl on percentages of ADO round in SCAG 010-t]0<] 1003WRichlandAve21 NONE Y aRortlable report for OC Basetl on percentages of ADO round in SCAG 010-191-0] 1045WHighlandS1C NONE Y aRortlable report for OC Basetl on percentages of ADO round in SCAG 010-204-14 730SRossSt2 ONONE Y affortlable report for OC 010-221-OS SRos.St2 0NONE Y Basetl on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO tountl in SLAG 010-243-10 BOBSVan NessAve NONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 010-262-30 1021WCubbon6t2 NONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 010-2]1-13 1219WCubbon6t2 ONONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 010-2]1-18 1201WCubbon3t2 ONONE Y affortlable report for OC Basetl on percentages of ADU round in SLAG 010-2]2-m 1218W0u11onS12 ONONE Y affortlable o,pon for OC Basetl on percentages of ADO tountl in SLAG 010-301-25 2325WMark$t ONONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 010-303-03 2406WMark6t2 NONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 011-043-13 334E13Ishopst2 0 Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 011-061-09 1014SCypressA 100 0 NONE Y affortlable report for OC City Council 7 — 154 33 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density 8011US Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 011-061-09 1014SCypre Ave101 0 NONE Y Basetl on percentages of affortlable ADU fountl in SLAG repon for OC Basetl on percentages of ADU found h SLAG 011-062-04 10135Cypros ,0 0NONE Y affortlable report for OC Basetl on D.r Wg.s of ADU fountl h SLAG 011-062-07 1021 SCyp—Ave2 0NONE Y affortlable report for OC 011-065-10 328EHaiwoodPl2 NONE Y Based on percentages of affortlable ADU found in SLAG report for OC Basetl on percentages of ADU found in SLAG 011-076-04 1015SHICkogSt2 NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 011-084-03 911SKIIsonDr2 NONE Y affortlable report for OC Basetl on percentages of ADU found h SLAG 011-084-07 921SKIIsonDr2 NONE Y affortlable report for OC Basetl on D.r o.g.s of ADU fountl h SLAG 011-224-15 849E —doe.-2 NONE Y affortlable report for OC 013-021-15 1245W WilshlreAve 0 NONE Y Based on percentages of affortlable ADU found in SLAG report for OC Basetl on percentages of ADU found in SLAG 013-063-02 934WWFaddenAve2 NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 013-0]1-1] 1233SShel-St2 NONE Y affortlable report for OC Basetl on percentages of ADU found h SLAG 013-071-21 1210STownerW NONE Y affortlable report for OC Basetl on percentages of ADU found h SLAG 013-101-04 1213SFIowerSl2 NONE Y affortlable report for OC 013-102-20 1226SPartonSt2 NONE Y Based on percentages of affortlable ADU found in SLAG report for OC Basetl on percentages of ADU found in SLAG 013-103-09 12351I251artonSl NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 013-104-15 1208SRosaSt2 NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 013-112-02 130]sGarnsey- NONE Y affordable report for OC Basetl on percentages of ADU found h SLAG 013-124-20 14025LowellSt2 NONE Y affortlable report for OC 013-132-02 14055G.ns ySl2 NONE Y Based on percentages of affortlable ADU found in SLAG report for OC Basetl on percentages of ADU found in SLAG 013-1]2-22 1432SBrosdway2 NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 013-181-15 1518SBIrchSt2 NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 013-192-19 1520—n Ne S-2 NONE Y affordable report for OC Basetl on percentages of ADU round in SCAG 013-213-05 15185ParkDr2 NONE Y eRortlable report for OC Basetl on percentages of ADU round in SLAG 013-221-OB 16095ShenonS2 NONE Y affortlable epon for OC Based on percentages of ADU round in SLAG 013-244-10 1818SGarnseySl2 NONE Y eRortlable report for OC Basetl on percentages of ADU round in SCAG 014-093-0] 2028SK.1-131 NONE Y eRortlable report for OC Basetl on percentages of ADU round in SCAG 014-093-34 2089SOAS12 NONE Y eRortlable report for OC Basetl on percentages of ADU round in SCAG 014-113-29 20335H 11—y- NONE Y eRortlable report for OC City Council 7 — 155 34 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density 8011US Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 014-122-27 2033SE—g—SU NONE Y Based on percentages of affortlable ADO fountl in SLAG report for OC Based on percentages of ADO found h SLAG 014-215-01 801EOooltlenW t2 NONE Y affortlable report for OC Based on D.r Wg.s of ADO fountl h SLAG 014-222-07 1251 SEYeN—SU NONE Y affortlable report for OC 0144 -08 814EEIderAve2 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 015-041-08 18105Padon- I NONE Y affortlable I repotl for OC Basetl on percentages of ADO found in SLAG 015-043-22 18185Ro558t2 NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 015-052-01 316WPomona5t NONE Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 016-052-01 318W Po. —St NONE Y affortlable report for OC 015-083-07 2117SBroadway2 0 NONE Y Based on percentages of affortlable ADO found in SLAG report for OC Basetl on percentages of ADO found in SLAG 015-083-07 2117SBroadway3 0 NONE Y affordable report for OC Basetl on percentages of ADO found in SLAG 015-083-0] 2119SBroadway3 NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 015-083-07 2119SBroadway3 NONE Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 015-122-26 20741/2SGarnsey$t NONE Y affortlable report for OC 015-123-12 2069SGarnseySl2 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 015-134-12 193251koss512 NONE Y affortlable repotl for OC Basetl on percentages of ADO found in SLAG 015-154-01 20315LowellSt2 NONE Y affortlable report for OC Basetl on percentages of ADO found in SLAG 015-203-09 21345ParkDr2 NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 015-213-21 10 -st Genrud-2 NONE Y affortlable report for OC 015-214-11 1241WCa 1-12 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 015-220-10 2034SBakerSt2 NONE Y affortlable repotl for OC Basetl on percentages of ADO found in SLAG 01fi-031-31 231 EFIore5t2 NONE Y affortlable report for OC Basetl on percentages of ADO found in SLAG 01fi-033-29 24058Cypre ,. NONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 01fi-034-22 23 a—ple5t2 NONE Y eRortlable report for OC Basetl on percentages of ADU round in SLAG 016-043-24 312ECent2l—C NONE Y affortlable repotl for OC Based on percentages of ADO round in SLAG 016-081-03 446ECent.IAve2 NONE Y eRortlable report for OC Basetl on percentages of ADO round in SCAG 016-084-14 508EAdo—S12 NONE Y eRortlable report for OC Basetl on percentages of ADO round in SCAG 016-105-18 940EAnaburstPl NONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 016-1—s 618ECent21Ave2 NONE Y affortlable report for OC City Council 7 — 156 35 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density BODUS Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 099-211-03 M05WRoosevellA NONE Y Based on percentages of affortlable ADO fountl in SLAG repon for OC Based on percentages of ADO found h SLAG 099-211-31 5505WRo..-1Ave2 NONE Y affortlable report for OC Based on D.r Wg.s of ADO fountl h SLAG 099-211-32 5501WRooseve8Ave2 NONE Y affortlable report for OC 099-232-18 305140ooperSt2 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 099-233-08 314NCooper- NONE Y affortlable I repotl for OC Basetl on percentages of ADO found in SLAG 100-222-15 1005NEvond-2 NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 100-222-20 903NEvondaSt NONE Y affortlable report for OC Basetl on percentages of ADO found in SLAG 100-23142 48251/2WSeventd5l NONE Y affortlable report for OC 100-24147 5017WSIxt0St2 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 100-261-08 1712NM.,oDr2 NONE Y affordable I report for OC Basetl on percentages of ADO found in SLAG 100-261-08 712NMorseDr2 NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 100-282-10 326NMounta1n ViewS2 NONE Y affortlable report for OC Basetl on percentages of ADO fountl in SLAG 100-533-10 701 NMountaln View- NONE Y affortlable report for OC 100-5]2-10 4314WRoosevelWve2 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO found in SLAG 100-5]2-15 43211/2WSIIVefDr NONE Y affortlable repotl for OC Basetl 0. percentages of ADO round in SCAG 101-061-23 2331NStacyLn2 NONE Y affortlable report for OC Basetl on percentages of ADO round in SCAG 101-061-23 233]NStacy— NONE Y eRortlable report for OC Basetl on percentages of ADO round in SCAG 101-122-26 2605WSl2wberry— NONE Y eRortlable report for OC Basetl on percentages of ADU round in SLAG 101-122-2] 2613WS1row1eeyLn2 NONE Y affortlable repotl for OC Based on percentages of ADU round in SLAG 101-132-06 1717NSydneyS12 NONE Y affortlable repon for OC Basetl 0. percentages of ADU round in SCAG 101-562-09 2122141_.MSS12 NONE Y affortlable repon for OC Basetl on percentages of ADU round in SCAG 101-5]1-OB 2129NConer3t2 NONE Y affortlable repon for OC Basetl on percentages of ADU round in SCAG 101-5]2-10 21261/2NSpirra r6t NONE Y affortlable repon for OC Basetl on percentages of ADU round in SLAG 108-101-2] 4711WRe1derso1112 NONE Y affortlable repon for OC Based on percentages of ADU round in SLAG 108-102-14 4618WRoyOlr2 NONE Y affortlable repon for OC Basetl 0. percentages of ADU round in SCAG 108-102-20 4605W1oyCir2 NONE Y affortlable repon for OC Basetl on percentages of ADU round in SCAG 108-334-15 12145KarenAve2 NONE Y affortlable report for OC Basetl on percentages of ADU round in SCAG 108-334-15 12145KarenAve3 NONE Y eRortlable report for OC City Council 7 — 157 36 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density BOIIUS Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 108-344-01 1005SVirleo- NONE Y Based on percentages of affortlable ADO fountl in SLAG report for OC Based on Der rNges of ADO found h SLAG 108-344-11 1114slOor vet NONE Y affortlable report for OC Based on D.r Wg.s of ADO fountl h SLAG 108-344-11 1114SKarenAve3 NONE Y affortlable report for OC 108-345-07 1105SKarenAve2 NONE Y Based on percentages of affortlable ADO found in SLAG report for OC Based on percentages of ADO found in SLAG 108-353-11 922SHarmor$t2 NONE Y affortlable report for OC Based on Dercentages of ADO found in SLAG 108-354-14 906SVIrleeSt2 NONE Y affortlable report for OC Based on De rNges of ADO found h SLAG W8-364-07 4911WBIigh-2 NONE Y affortlable report for OC Based on Dercentages of ADO fountl h SLAG 108-002-12 6308DrIRwoodDr3 NONE Y affortlable report for OC 108402-18 4902WAcapulco 2 NONE Y Based on percentages of affortlable ADO found in SLAG report for OC Based on percentages of ADO tountl in SLAG 108-034-13 5310WMe1ricDr2 NONE Y aRortlable report for OC Based on percentages of ADU round in SCAG 108-504-36 5604WHighland$U NONE Y aRortlable report for OC Based on percentages of ADU round in SCAG 108-562-11 5403WKed9eAve2 NONE Y aRortlable report for OC Based on percentages of ADU round in SCAG 108-602-37 W4SSparW NONE Y aRortlable report for OC 108-604-10 904SShannon3t2 NONE Y Based on percentages of affortlable ADU round in SLAG report for OC Based on percentages of ADU tountl in SCAG 108-]21-0] 3922WCrysWILn2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 108-]21-OB 3918WCysWILn2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 108-]22-38 10413Den SCZ NONE Y affordable report for OC Based on percentages of ADU round in SCAG 108-]22-03 1021 $DennISW NONE Y aRortlable report for OC Based on percentages of ADU round in SLAG 109-123-1] 2222WElderAve3 NONE Y affortlable report for OC Based on percentages of ADU tountl in SCAG 109-123-1] 2222WEIderAve2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 109-123-02 2429WBorchard-2 NONE Y affortlable re port for OC Based on percentages of ADU round in SCAG 109-2]3-Ofi 13215PaciflcAve2 NONE Y affortlable reponfor OC Based on percentages of ADU round in SCAG 109-344-25 1401WHighland5 NONE Y affortlable report for OC Based on percentages of ADU round in SLAG 109-383-30 1625WM FatldenAve2 NONE Y affortlable report for OC Based on percentages of ADU tountl in SCAG 109-3]2-12 1314SdoaneWay2 NONE Y affortlable reportfor OC Based on percentages of ADU round in SCAG 109-012-10 12055Spruce5t2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 109-Bfi4-18 3322WBorchard-2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 109-672-04 11463MOM1awkDr2 NONE affortlable report for OC City Council 7 — 158 37 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density BOIIUS Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 109-744-13 2814WCub-6. NONE Y Based on percentages of affortlable ADO found in SLAG repon for OC Based on Der rNges of ADO found in SLAG 109-752-52 31021I2WCubbonst NONE Y affortlable report for OC Based on D.r Wg.s of ADO fountl in SLAG 109-834-18 510SArapahoD NONE Y affortlable report for OC 140-163-18 2625SLow IISt2 NONE Y Based on percentages of affortlable ADO found in SLAG report for OC Based on percentages of ADO found in SLAG 140-281-07 12718SR,noD,2 I NONE Y affordable I report for OC Based on Dercentages of ADO found in SLAG 144-331-18 306SLaurelSt NONE Y affortlable report for OC Based on De rNges of ADO found in SLAG 144-361-29 907SBewleyM NONE Y affortlable report for OC Based on Der g" of ADO found in SLAG 14,1-361-56 914SdacksonSU NONE Y affortlable report for OC 144-372-12 918SSU—St2 NONE Y Based on percentages of affortlable ADO found in SLAG report for OC Based on percentages of ADO found in SLAG 188-062-25 5113WRobort— NONE Y affordable report for OC Based on percentages of ADO found in SLAG 188-05215 5113WRobens0Y3 NONE Y affortlable report for OC Based on percentages of ADO round in SCAG 188-082-12 8221I2STO—st NONE Y affortlable report for OC Based on percentages of ADO round in SLAG 188-102-19 829SEIIIottPl2 NONE Y eRortlable report for OC 198-0]1-10 1423NMar-LesDr2 NONE Y Based on percentages of affortlable ADU round in SLAG report for OC Based on percentages of ADU round in SLAG 198-0]1-10 1423NMarLesDr3 NONE Y eRortlable report for OC Based on percentages of ADU round in SCAG 198-0]1-15 14011410ar-Le5Dr2 NONE Y eRortlable report for OC Based on percentages of ADU round in SCAG 198-102-22 11211413ew1ey5t NONE Y eRortlable report for OC Based on percentages of ADU round in SCAG 198-161-03 1409NGIenarbor3t NONE Y eRortlable report for OC Based on percentages of ADU round in SLAG 198-161-03 1NG rlosll NONE Y affortlable report for OC Based on percentages of ADU round in SLAG 198-181-18 122NBewleySt2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 198-242-31 209NBew1ey3t2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 198-302-02 4310WS r—p-2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 198-302-04 4313WMomingsld-2 NONE Y affortlable report for OC Based on percentages of ADU round in SLAG 198-303-11 1402NMountain vI."t2 NONE Y affortlable report for OC Based on percentages of ADU round in SLAG 198-323-14 4325WOakfl0dA1e2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 390-184-02 1506ECIemens Ave2 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 398-0]2-31 2102NWd9htS12 NONE Y affortlable report for OC Based on percentages of ADU round in SCAG 398-1W in, 1210EAvalonAve2 NONE Y eRortlable report for OC City Council 7 — 159 38 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Deed Restriction without financial Tenn of Affordability Demolished/ Total Density BODUS Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 396-242-26 1417EFrenzen 2 NONE Y Based on percentages of affortlable ADO fountl m SLAG report for OC Based on percentages of ADO found h SLAG 398-182-22 1325NCuster512 NONE Y afrortlable report for OC Based on percentages of ADO fountl h SLAG 398-288-10 302SBroadway104 NONE Y snortlable report for OC 398-291-04 415SRossSt2 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on percentages of ADO fountl in SLAG 398-293-10 439S13roadway I NONE Y affortlable I repotl for OC Based on percentages of ADO found in SLAG 398-293-22 220WCheslnu— NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 398-374-08 716NEashvoodMe3 NONE Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 398-374-18 604NEa—od-101 NONE Y snortlable report for OC 398-393-12 417NL1nwood-2 NONE Y Based on percentages of affortlable ADO found in SLAG report for OC Basetl on Dercenteges of ADO fountl in SLAG 398-451-07 1208NH,thawaySt2 NONE Y affortlable report for OC Basedon percentages of ADO found in SLAG 398482-04 602EThIr,St2 NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 398-521-11 419WWa01nglo-2 NONE Y affortlable report for OC Basetl on percentages of _irtlable ADO fountl h SLAG 398-53f-22 1123NFIowerSl NONE Y report for OC 398-552-01 101114131—neAve100 NONE Y Based on percentages of affortlable ADO found in SLAG repotl for OC Basetl on Dercenteges of ADO fountl in SLAG 398-552-01 1011NRI er Ave200 NONE Y affortlable repotl for OC Basetl on Dercenteges of ADO fountl in SLAG 398-552-08 319WTenthS12 NONE Y affortlable report for OC Basetl on percentages of _,rdable ADO fountl in SLAG 398-552-08 319WTenth3t3 NONE Y report for OC Basetl on percentages of ADO round in SCAG 398-582-05 1411—oroey- NONE Y eRortlabla report for OC Basetl on percentages of ADU round in SLAG 399-011-14 2209WLaramoreLn NONE Y affortlable repotl for OC Based on percentages of ADU fountl in SLAG 399-01f-38 2302WLaramoreLn2 NONE Y eRortlabla report for OC Basetl on percentages of ADU round in SCAG 399-053-0] 932WEIghteenthSt2 NONE Y eRortlabla report for OC Basetl on percentages of ADU round in SCAG 399-091-19 241]WEtlnaDr NONE Y eRortlabla report for OC Basetl on percentages of ADU round in SCAG 399-132-00 2308NLaIr1St2 NONE Y eRortlabla report for OC Basetl on percentages of ADU round in SLAG 399-153-OB 2221 WOowniePl2 NONE Y affortlable repotl for OC Based on percentages of ADU fountl in SLAG 400-182-09 909NMirasolW NONE Y affortlable report for OC Basetl on percentages of ADU round in SCAG 400-184-05 9251I2NDienne5t NONE Y affortlable report for OC Basetl on percentages of ADU round in SCAG 400-191-10 1]01 ELadeIICl2 NONE Y affortlable report for OC Basetl on percentages of ADU round in SCAG 400-IW 31 818NMantleLn2 NONE Y affortlable report for OC City Council 7 — 160 39 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Deed Restriction without financial Tenn of Affordability Demolished/ Total Density Bonus Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other wa waivers, and Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding waiver of parking of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 403-171-01 1907—plo- NONE Y Basetl on percentages of afrartlable ADO fountl in SLAG report for OC Basetl on percentages of ADO found h SLAG 403-192-04 216EEEIngerAve2 NONE Y afrortlabla report for OC Basetl on percentages of ADO found in SLAG 404-011-11 901-y-St2 NONE Y snortlabla report for OC 404-085-02 414EPIneStB NONE Y Basetl on percentages of afrortlabla ADO found in SLAG report for OC Basetl on percentages of ADO fountl in SLAG 404-085-05 1402EPinoSt2 I NONE Y snbrtlabla I report for OC Basetl on percentages of ADO found in SLAG 404-086-08 407EPineSt2 0NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 404-086-12 252SOakSt NONE Y affortlable report for OC Basetl on percentages of ADO fountl h SLAG 404-092-12 2128Orang—E NONE Y snortlable report for OC 404-092-12 212SOrangeAveF NONE Y Basetl on percentages of afrortlable ADO found in SLAG report for OC Basetl on percentages of ADO fountl in SLAG 404-101-09 116ECamlleSt NONE Y afrortlable report for OC Basedon percentages of ADO found in SLAG 405-012-13 2410WWashingtor-2 NONE Y affortlable report for OC Basetl on percentages of ADO found h SLAG 405-082-13 614NSheltonSt2 0 NONE Y affortlable report for OC Basetl on percentages of _irtlable ADO fountl h SLAG 405-101-31 1313NEngllshSt2 NONE Y report for OC 405-f3f-09 1724-111ISt NONE Y Basetl on percentages of afrortlable ADO found in SLAG report for OC Basetl on percentages of ADO fountl in SLAG 405-131-22 1610WNinMst2 NONE Y snortlable report for OC Basedon percentages of ADO found in SLAG 405-131-23 1802WNinMSt2 ONONE Y affortlable report for OC Basetl on percentages of _,rtlable ADO found in SLAG 405-f3f-33 1509WCivlc CenlerD2 NONE Y report for OC Basetl on percentages of ADO fountl h SLAG 405-f3f-33 1509WCivlc CenlerD(3 NONE Y afrortlable report for OC 405-f3f-33 1510W 111St2 NONE Y Basetl on percentages of affortlable ADO found in SLAG reporlfor OC Basetl on percentages of ADO fountl in SLAG 405-f3f-33 1t WWNinIhS13 NONE Y affortlable report for OC Basetl on percentages of ADO found in SLAG 405-f3f-53 1829WCi11c CenterD1108 NONE Y affortlable report for OC Basetl on percentages of ADO found in SLAG 405-f4f-13 1821VJrenthSt2 NONE Y affortlable report for OC Basetl on percentages of _irtlable ADO found h SLAG 405-15f-35 1609WrwelflhW NONE Y report for OC 405-151-05 1109Wrwelflhsl2 NONE Y Basetl on percentages of affortlable ADO found in SLAG report for OC Basetl on percentages of _,rtlable ADO fountl in SLAG 405-152-03 1631WE1even1hW ONONE Y report for OC Basedon percentages of ADO fountl in SLAG 405-183-OB 909NLo-11St NONE Y affortlable report for OC Basetl on percentages of ADO found in SCAG 405-231-11 816NTowner5t2 NONE Y efrortlable report for OC Basetl on percentages of ADO round in SCAG 405-251-08 1512NBaker512 NONE Y .for .- report for OC City Council 7 — 161 40 5/6/2025 Attachment B Please select For units affordable Number of Other List the How many of the state Streamlining Assistance Deed Restriction wghout financial Tenn of Affordability Demolished/ Total Density 8011US Applied to the Project Incentives, Concessions, incentives, concessions, s, the units provision the Programs for Each Type assistance or tleetl or Deed Restriction Number Demolished Destroyed (Percentage Increase in Waivers, or Other waivers, and wa Did the project Current APN Street Address Project Na—pmenl J were project was Infill Units? Develo (may select restrictions, explain how (years) (if affordable Demolishetl/Desiro a or Destroyed Units Total Allowable Units or Motlifications modifications waive a Extremely APPROVED �,/N (may select multiple -see the locality determined the in perpetuiTy enter yed Units Units Owner or Total Maximum Given to the Project (Excluding of parking waiver of parking Low Income? multiple -see instructions) units were affordable 1000}. Renter Allowable Residential standards? (YIN) (may select (may select instructions) (see instructions) Gross Floor Area) rExcludin Parkin Waivers or Parking Parking Waivers or Parking multiple) Reductions) Modifications) 405-261-04 10041,13ako,3 NONE Y Basetl on percentages of afr0rtlable ADO fountl in SLAG report for OC Basetl on percentages of ADO fountl h SLAG 405-281-17 1108NPree—r- NONE Y afrortlable report for OC Basetl on percentages of _irtlable ADO fountl h SLAG 405-292-05 110814—r r512 NONE Y report for OC 405-292-13 1021 NWestwood-2 NONE Y Based on perpenages of afrortlable ADO fountl in SLAG report for OC Basetl on percentages of ADO fountl in SLAG 405-293-03 141tNWe wo.dAv NONE Y snbrdable report for OC Basetl on percentages of ADO fountl in SLAG 407-022-03 1242SMadneSl2 NONE Y afrortlable report for OC Basetl on percentages of ADO fountl in SCAG 407-043-01 2802W ve....2 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 40]-111-36 2429WHootlAve2 NONE eRortlabla report for OC Based on percentages of ADU found in SLAG 408-041-11 2701 WPomonaSt2 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SLAG 408-2 AS 2713WPendIe nAv NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408-232-11 2301SGIenarborSU NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408-261-30 1623WPomonaSt2 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408-293-14 1702SReneDr2 NONE Y affortlable report for OC 408-295-0] 1806W0cc1—WIS12 NONE Y Based on percentages of affortlable ADU found in SLAG report for OC Based on percentages of ADU fountl in SCAG 408-313-08 1814WCarltonPl2 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408-313-08 1814WCarltonPl2 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408-323-10 2030SPoplarSt2 NONE Y eRortlabla report for OC Basetl on percentages of ADU fountl in SCAG 408-324-f] 1509WGIenw0-12 NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 408-325-02 20231/2SReneOr NONE Y affortlable report for OC Based on percentages of ADU fountl in SCAG 408-386-OS 2217WO—denP13 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408-388-02 1920SDI—rd312 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408-023-09 22M$CenterSt100 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 408446412 2117SDoreenWay NONE Y affortlable report for OC Basetl on percentages of ADU found in SLAG 408463-02 1506WCIeghornWay2 NONE Y affortlable report for OC Based on percentages of ADU fountl in SCAG 408463-02 1506WCIeg1ornWay3 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 410-0]2-02 W68 11,vA 2 ONONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 410-091-05 901WJun1per-2 NONE Y affortlable report for OC Basetl on percentages of ADU fountl in SCAG 410-171-16 614WJunipergve2 NONE Y affortlable report for OC City Council 7 — 162 41 5/6/2025 Attachment B Current APN Street Address Project Na—pmenl J How many of the units were Extremely Low Income? Please select the state Streamlining provision the project was APPROVED (may select (may select multiple) Infill Units? �,/N Programs for Each Develo (may select multiple -see instructions) Deed Restriction Type (may select multiple -see instructions) For units affordable without financial assistance or tleetl restrictions, explain how the locality determined the units were affordable (see instructions) Tenn of Affordability or Deed Restriction (years) (if affordable in perpetuiTy enter 1000}. Number a Demolishetl/Desiro yed Units Demolished or Destroyed Units Demolished/ Destroyed Units Owner or Renter Total Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other Incentives, Concessions, Waivers, or Other Motlifications Given to the Project rExcludin Parkin Waivers or Parking Reductions) List the incentives, concessions, s, waivers, and wa modifications (Excluding Parking Waivers or Parking Modifications) Did the project waive a of parking waiver of parking standards? (YIN) 410-1]1-22 616WOri0nAve NONE Y Basetl on percentages of affortlable ADU fountl in SGAG repon for OC 410-252-0] 33145Towner8t2 0 NONE Y Basetl on De .Ng.s of affortlable ADU found h BGAG report for OC 410-252-19 32295ParkDr2 NONE Y Basetl onntages of affortlable ADU found h SLAG report for OC 410-WI 32 1013WAItonHve2 NONE Y Based on Deroontages of affortlable ADU found in SLAG repotl for OC 410-2-13 3018SRosewoodAve2 NONE Y Basetl on Dercente9es of affortlable ADU fountl in SLAG repotl for OC 411-062-08 2553SHa11adaySt NONE Y Basedon percentages of affortlable ADU found in SLAG report for OC 412-091-27 3111SCe1ter5t2 NONE Y Basetl on D.r Ng.s of affortlable ADU found in SGAG report for OC 412-152-06 3112SManitoo I), NONE Y Basetl on De ntag.s of affortlable ADU found h SGAG report for OC 412-252-02 2620SDi ond5t2 0 NONE Y Based on Deroontages of affortlable ADU found in SGAG report for OC 412-261-10 2914SDi ond5t3 NONE Y Basetl on Dercente9es of affortlable ADU fountl in SGAG repotl for OC 412-2]1-18 1801WOar,y 2 NONE Y Based on percentages of affortlable ADU found in SGAG report for OC 108-253-21 8265HarborBlvtl NONE 108-253-21 8265Ha1-died NONE 108-253-21 830SHarborBlvd NONE 108-253-21 8323HarborBlvtl NONE Y 108-253-21 8340HarborBlvtl NONE Y 108-253-21 0360HarborBlvtl NONE Y 108-253-21 0300HerborBlvtl NONE 108-253-21 8400HarborBlvd NONE Y 108-253-21 842SH-01alvd NONE W13-253-21 844SHarborBINd NONE 108-253-21 846SHdrborBNd NONE 108-253-21 848SHarbor-d NONE Y 108-253-21 BSoSHarborBlvtl NONE Y 108-253-21 0520HarborBlvtl NONE Y 108-253-21 8540HerborBlvtl NONE Y 108-253-21 8560HarborBlvd NONE Y 108-253-21 8585HarborBlvtl NONE W13-253-21 860SH-01BIvd 108-253-21 862SHa11borBlvd NONE 108-253-21 Bfi4—norBlvtl NONE Y 108-253-21 Bfi60HarborBlvtl NONE Y 108-253-21 3fi0011arbor-d! NONE Y 402-061-03 581SLyonst NONE Y 402-061-03 581SLyonSt NONE Y 402-061-03 583SLyonSt NONE 402-06t-03 5855LyonSt NONE - - 587SLyonSt 402-061-03 589SLyonSt NONE Y ' - 591SLyors' 402-061-03 593SLyonSt ONE Y ' 5953Ly",, 402-061-03 y-St ONE Y - - 601SLy0n St 402-08 -03 603SLyon St NON ' 605SLyonSt ' 607SLyonSt ' 609SLyonSt ONE Y ' 611SLyonSt ' 613SLyonSt ' 615SLyonSt ' 617SLyonSt 402-dol-W 6VSLyonSt NONE Y - - 623$LyonSt 402-061-03 625SLyonSt 4—o-1 627SLyonSt ' 629SLyon Sl - - 631SLyon St on Sl on Sl - - 637SLyon St SLyon Sl City Council 7 — 163 42 5/6/2025 Attachment B Current APN Street Address Project Na—pmenl J How many of the units were Extremely Low Income? Please select the state Streamlining provision the project was APPROVED (may select (may select multiple) Infill Units? �,/N Assistance Programs for Each Develo (may select multiple -see instructions) Deed Restriction Type (may select multiple -see I instructions) For units affordable wghout financial assistance or dead restrictions, explain how the locality determined the units were affordable (see instructions) Tenn of Affordability or Deed Restriction (years) (if affordable in perpetuiTy enter 1000}. Number a Demolishetl/Desiro yed Units Demolished or Destroyed Units Demolished/ Destroyed Units Owner or Renter Total Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other Incentives, Concessions, Waivers, or Other Motlifications Given to the Project rExcludin Parkin Waivers or Parking Reductions) List the incentives, concessions, s, waivers, and wa modifications (Excluding Parking Waivers or Parking Modifications) Did the project waive a of parking waiver of parking standards? (YIN) 4o2-osvo3 ss3sLyonst NONE 402-061-03 6555Lyonst NONE 4W 061-03 657SLyonSt NONE 402-061-03 661SLyonSt NONE Y 402-061-03 —al-y-al NONE Y 402-061-03 665SLyonSt NONE Y 402-061-03 66]SLyonst NONE Y 402-081-03 669SLyonst NONE Y 402-061-03 6'_YL 'st NONE 402-061-03 673SLyonSt NONE 402-O61-o3 615SLyonSt NONE 402-061-03 6]]SLyonSt NONE IY 002-061-03 681SLyonSt NONE Y 402-061-03 683SLyonSt NONE Y 402-061-03 665SLyonst NONE Y 402-061-03 687SLyonSt NONE Y Other INC, OB 46 4 Development standard, Modification No 402-061-03 689SLyonst NONE Y Other INC, DB 46 45tandam: Development Modification No 402-061-03 1691SLy,,St I NONE IY Other DB, INC 1 413l 4 Develop-1, R rda,& Modification No 402-081-03 6_Lyonst NONE Y Other DB, INC 46 4 Development standard: Madif,.tio, No 402-061-03 701SI_,rSt NONE Y On- DB, INC 46 4 Development Standards Modificatlon No 402-061413 703SLyonSt NONE Y On- DB, INC 46 4 Development Standards Modification 402-061-03 705SLy St NONE Y Other DB, INC 46 4 Development standard: Modification N. 402-081-03 ]0]sLyon51 NONE V Or- DB, INC 46 4 Dee opment standards Motlificatlon 008-232-39 1246WCh-Olt— I NONE IY 014-122-2] 20335EvergreenSl NONE Y 015-063-07 2117SBroadway NONE Y 015-083-07 2119Seroadway NONE Y 108-131-27 620SNawhopeSt NONE V 198-0I1-10 1423NMar-LeaDr NONE Y 198-336-02 1018NGateaSt NONE V 398-041-18 830NLacySt NONE Y 405-131-33 1509WCivlc Cente— NONE V 405-131-33 1510WNinthSt I NONE Y City Council 7 — 164 43 5/6/2025 Attachment B Jurisdiction Santa Ana Reporting Year 2024 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021 - 10/15/2029 This table is auto -populated once you enter your jurisdiction name and current ANNUAL ELEMENT PROGRESS REPORT year data. Past year information comes from previous APRs. Housing Element Implementation Please contact HCD if your data is different than the material supplied here Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 1 Projection Period 2 3 4 Income Level RHNA Allocation by Income Level Projection Period - 06/30/2021- 10/14/2021 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level VeryLow Deed Restricted 606 2Z JA8 4Z - = 344 262 Non -Deed Restricted 7 7 43 17 48 Low Deed Restricted Non -Deed Restricted 362 - - 21 JB a - - - - - 339 23 29 14 81 97 73 Moderate Deed Restricted 545 - _ - 41 - 84 _ 6.11 201 344 Non -Deed Restricted8 Above Moderate 1,624 190 519 567 2281 68_ _ _ _ _ 3 555 Total RHNA 3,137 Total Units 1 1591 5751 901 2,5421 262111 4,439 629 Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 5 6 7 "Low-Inc.o.eUnits* Extremely low- Income Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Total Units Date Remaining 303 161 631 47 *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column. Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at apr@hcd.ca.gov. VLI Deed Restricted VLI Non Deed Restricted LI Deed Restricted LI Non Deed Restricted MI Deed Restricted MI Non Deed Restricted Above Mod Income City Council 7 — 165 44 5/6/2025 Attachment B Jurisdiction Santa Ana (Jan. 1 - Dec. Reporting Year 2024 31) Planning Period 6th Cycle ANNUAL ELEMENT PROGRESS REPORT �Not.:.-•' Indicate, an optional field Housing Element Implementation Cells in grey contain auto -calculation formulas Project Identifier Date of RHNA Shortfall by Household Income Category Rezone Type Sites Description Rezone 1 2 1 3 4 5 6 ] 8 9 10 11 Local Above Minimum Maximum Date of Very Low- Moderate- Rezone Type Parcel Size General Plan Realistic Description o! APN Street Address Project Name. Jurisdiction Rezone Income Low•Income Income Moderate- Acres Desi t' Zoning Density Density Ca Vacant/Nonvacant Existing Uses Tracking ID. Income ( I 9na ion Allowed Allowed Capacity g City Council 7 — 166 45 5/6/2025 Attachment B ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Jurisdiction Santa Ana Reporting Year 2024 (Jan. 1 - Dec. 31) Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4 Name of Program Objective Timeframe in H.E Status of Program Implementation A. Contract with a local nonprofit organization (currently Habitat for Humanity) to implement the City's Residential Rehabilitation Grant Program. Provide grants of up to $25,000 to 25 In CY 2024, the City partnered with Habitat for Humanity of Orange County to oversee 1. Single -Family and Mobile households per year until 2024—after 2024 its Residential Rehabilitation Grant Program. Under this agreement, grants of up to Home Rehabilitation dependent on funding —for the repair and (single-family Ongoing $25,000 were awarded to seven (7) households to support the repair and rehabilitation rehabilitation and mobile of single-family and mobile homes. Priority was given to applicants in CDBG census homes, prioritizing applicants in R/ECAP tracts, seniors (62+), disabled residents, and low-income households. and TCAC census tracts, seniors (62 years and older), disabled residents, and low- income households. B. Conduct an annual workshop starting Fiscal Year 2023-2024 to promote 1. Single -Family and Mobile rehabilitation grants and available housing Annually In CY 2024, the City attended multiple local events and distributed information on our Home Rehabilitation programs/opportunities to all owner housing programs including our Residential Rehabilitation Grant Program. occupied single-family and mobile home residents in the city. City Council 7 — 167 46 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation Throughout 2024, the City continued to support development of affordable housing through various funding, including LMIHAF, Inclusionary Housing Fund, HOME, CDBG, PBV, and HOME -ARP. As of December 31, 2024, two projects are under construction and three are in pre -development, all funded by the City: - The Habitat for Humanity (1921 W. Washington Ave.) project, funded by Inclusionary A. Provide financial assistance to support Housing ($2,200,000), involves new construction of six single-family homes for 80% the acquisition, rehabilitation, and new AMI households. construction of properties to preserve and - FX Residences (801, 807, 809, and 809 Y2 E. Santa Ana Blvd.), funded by the increase affordable housing opportunities Housing Successor Agency ($1,656,947), three PBVs, and a 99-year ground lease is a for lower income households through the 16-unit permanent supportive housing project expected to be completed by January following programs: (1) Low and Moderate 2025. 2. Multiple -Family Income Housing Asset Fund (LMIHAF) - Habitat for Humanity's 621 W. Alton Ave. project (in pre -development), will convert a Acquisition and including land assets owned by the Housing Ongoing religious -owned building into 40 townhomes for low- and moderate -income households, Rehabilitation Successor Agency; (2) Inclusionary with $9,807,571 in HOME funds. Housing Fund (Inclusionary); (3) HOME - Habitat for Humanity's 425 E. Wellington Ave. project will convert a 9-unit rental Investment Partnerships Program (HOME); property into affordable ownership units, with $920,000 in Inclusionary Housing funds (4) Community Development Block Grant allocated for down payment assistance. Program (CDBG); (5) Project -Based - Richard Lehn Intergenerational Housing (918 N. Bewley St.), funded by HHAP Voucher Program (PBV); and (6) HOME- ($2,021,319) and eight PBVs, will rehabilitate two buildings into 11 permanent American Rescue Plan (HOME -ARP). supportive housing units for homeless transitional -age youth and seniors. - In addition, on July 16, 2024, the City approved an amended and restated regulatory agreement with the Orange Housing Development Corporation (OHDC) to support the conversion of 42 market -rate units into affordable housing for families earning up to 80% of the Area Median Income (AMI), while increasing affordability for 41 existing affordable units to 60% AMI. City Council 7 — 168 47 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In 2024, progress continued on RFP #23-156, which was issued in October 2023 to B. Once per year, issue a Request for support the development of affordable homeownership opportunities. The RFP made Proposals (RFP) for the development of $7,796,256 in HOME funds available for projects involving the acquisition, affordable housing in the city. Proposed rehabilitation, conversion, or new construction of affordable ownership housing. developments may be for acquisition and Following the RFP process, Habitat for Humanity of Orange County was selected to rehabilitation of eligible properties for rental develop two projects: 2. Multiple -Family and/or ownership housing; acquisition and The first project at 621 W. Alton Ave. will convert a religious -owned building into 40 Acquisition and conversion of nonresidential property to Annually townhomes for low- and moderate -income households, with $9,807,571 in HOME Rehabilitation multifamily housing units; and/or new funds. The second project at 425 E. Wellington Ave. will convert a 9-unit rental property construction of housing units for rental into affordable ownership units, with $920,000 in Inclusionary Housing funds allocated and/or ownership housing. The objective is for down payment assistance. While Successor Housing Agency land was made to finance the development of at least one available, the developers opted not to utilize it for these projects. multifamily affordable housing project per year. The City remains committed to issuing future RFPs to support affordable housing development and increase homeownership opportunities in Santa Ana. 3. Neighborhood A. Create, assist, and support Annually The Neighborhood Initiatives and Environmental Services division continues to provide Improvement neighborhood associations, especially in ongoing support to all Neighborhood Associations (NAs). In 2024, there was an R/ECAP and TCAC census tracts, to additional NA that was created, bringing the total up to 65 NA. collaborate on projects, and sponsor and hold annual events. 3. Neighborhood B. Provide capacity -building support to the Annually The Neighborhood Initiaitives and Environmental Services division continues to provide Improvement Santa Ana Communication Linkage Forum ongoing support to Com-Link and all Neighborhood Associations (NA). NIES staff (Com-Link) — the City's neighborhood coordinate monthly reservations and access to parking tickets for Com-Link's monthly associations' advocacy organization, and meeting. NIES staff support and coordinate Com-Link's Annual Awards Ceremony the Santa Ana Neighborhood Associations alongside Com-Link Board members. to engage and support residents to involve and emerge as leaders in their neighborhoods. City Council 7 — 169 48 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 4. Neighborhood A. Complete infrastructure improvements in Annually & Ongoing The City conducts ongoing infrustructure improvements in residential neighborhoods Infrastructure residential neighborhoods consistent with consistent with the City's Capital Improvement Plan. the City's Capital Improvement Program (CIP). The CIP is updated every fiscal year and is available to view on the City's website: The CIP is updated every fiscal year and is available to view on the City's website: https://www.santa-ana.org/capital- improvement-program. Identify improvements from the City's asset management plans for inclusion in the yearly CIP/budget. 4. Neighborhood B. Seek additional funds to improve Annually & Ongoing The Public Works Agency has a dedicated team that continuously applies for Infrastructure infrastructure, including state and federal infrastructure grants to support community health and wellness. Most notably in 2024, grants for improvements for health and the City received a $25 million federal grant for rail crossing improvements and a total wellness, prioritizing R/ECAP and TCAC of 7 state Active Transporation Program infrastructure grants to fund safe routes to census tracts. Prioritize grant opportunities school infrastructure. to fund active transportation and infrastructure improvements on an ongoing basis and maximize opportunities in R/ECAPs and TCAC census tracts. 5. Healthy Neighborhoods A. Continue to implement Santa Ana Green Ongoing The City is dedicated to green infrastructure as evidenced by two highlights from 2024. Initiatives program, including tree planting, corridor The City appropriated over $4 million on its tree care programs that included tree greenways, build -green initiatives, and planting, pruning and arborist evaluations. The City developed a new 10,000 square - energy conservation. foot park that included an innovative, award -winning approach to managing stormwater flows. City Council 7 — 170 49 5/6/2025 Attachment B Name of Program Objective Timeframe in H.E Status of Program Implementation 5. Healthy Neighborhoods B. Collaborate with neighborhoods and Annually & Ongoing PRCSA's Health & Wellness Section continues to develop and deliver a wide variety of Initiatives community organizations, especially in programs that promote healthy, connected neighborhoods. R/ECAP and TCAC census tracts, to - The Community Garden Monthly Workshops activate all five of Santa Ana's promote Healthy Neighborhood Initiative, community gardens with engaging, theme -based activities offering residents hands-on hold five community garden workshops, learning and meaningful community connection. program the City's fitness courts, hold - The Section also supports active living through initiatives like "Kicking It with the annual 5k and Fit festival, and operate Neighbors," the "Golden City Hour Walking Group," and the "Wilderness Club," all of Street Team with the objective of bringing which encourage residents to get outdoors and enjoy the city's green recreation activities to communities that are spaces —especially before sunset. challenged with lack of park space. - The RecreAuto Street Team makes regular appearances at parks and park -deficient neighborhoods, often in collaboration with the Santa Ana Library's "Know Mobile" and the Santa Ana Zoo's "Zoo -me" outreach programs, bringing resources and recreation directly to residents. - PRCSA's Special Events Section successfully delivered the 2024 Santa Ana Fun continuing a tradition of citywide celebration focused on wellness and community pride. 5. Healthy Neighborhoods C.Update the City's zoning code Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Initiatives development and operational standards for includes analysis of opportunities to buffer heavy industrial uses from sensitive industrial zones to address incompatibility receptors. Progress included community workshops to gather input and development of with adjacent uses, including minimum a list of zoning tools under consideration. 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. 6. Santa Ana Building A. Proactively engage SABHC leaders and Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Healthy Communities other advocacy stakeholders to forge a includes analysis of opportunities to incorporate health into use regulations as well as comprehensive health agenda to be development and design standards. included in the zoning code update (see Program 18). City Council 7 — 171 50 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 7. Building Community A. Prepare an annual report for City Council April Annually The City prepared and submitted an Annual Progress Report, which included a Efforts and public review providing the progress summary of progress made toward achieving the objectives of the Housing Element made toward achieving the quantifiable implementation table. objectives in the Housing Element implementation table. Report to include monitoring of housing production and distribution, especially lower income units, by TCAC areas, CalEnviroScreen ranking, and RECAP status. 7. Building Community B. Pursue grants and partnership Annually This is an ongoing effort. In 2024, numerous grant applications were submitted Efforts opportunities from local, state, federal, and including applications to the State Outdoor Recreation Legacy Partnership Program, nonprofit partners to continue and expand the Federal Environmental Protection Agency, and a Federal Earmark request through strategic investments that build community. Congressman Correa for projects that will add to the park system's acreage and redevelop one of our oldest parks. 7. Building Community C. Continue to make strategic investments Ongoing In 2024 the City opened two new parks, the new Gerardo Mouet Park and the Artesia Efforts in parks, recreation, access to healthy food, Pilar Park, added a new bike trail along the Santa Ana Gardens flood control channel, safe routes to school, and other capital completed major renovations to Salgado Center and Friendship Park, installed four new improvements, such as achieving three restrooms at Angels, Heritage, Riverview, and Windsor Parks, renovated sportsfield acres of parkland per 1,000 residents set irrigation at Jerome Park, and installed new sports field lighting and Memorial and out in Land Use and Open Space elements, Thornton Parks. and Parks Master Plan to improve resident health. 8. Neighborhood Safety A. Apply the principles of Crime Prevention Ongoing The Planning Division and the Police Department continue to review development Through Environmental Design (CPTED) to projects for the application of CPTED principles. all development project applications to enhance safety and security within all residential developments. 8. Neighborhood Safety B. Create and implement a housing Dec. 2024 The City has an ongoing housing amnesty program for unpermitted ADUs built before amnesty program for unpermitted units in January 1, 2020, offering benefits like simplified habitability standards and waived fees. the city, prioritizing neighborhoods with a disproportionate number or code enforcement cases for unpermitted units, to facilitate legalization and address potential life safety issues. City Council 7— 172 51 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 9. Property Maintenance A. Evaluate the appropriateness of the new Dec. 2023 Santa Ana requires adherence to building and property maintenance standards in its Standards Healthy Housing Standards for applicability municipal codes (e.g., International Property Maintenance Code and Health and Safety to Santa Ana Municipal Codes and Standards related to substandard housing). incorporate relevant portions to assist city staff in conducting inspections and enforcing city codes. 9. Property Maintenance B. Connect residents with Orange County Ongoing In 2024, the City of Santa Ana hosted the Lead Action Workgroup, a collaborative Standards Health Department regarding County health group with representatives from the Orange County Health Care Agency- Childhood services and educational opportunities, Lead Prevention team, University of California -Irvine, Cal -Optima, GREEN-MPNA, including Senate Bill 488 mandates related Orange County Environmental Justice, and the City of Santa Ana- Neighborhood to lead hazards. Initiatives and Environmental Services Office. The City of Santa Ana's Lead Action Workgroup met bi-weekly to discuss ongoing lead related programming, studies, grant - funding opportunities, and encourage Santa Ana residents to sign-up to the OC Health Care Agency's Lead Remediation program. C. Coordinate the City's Residential In CY 2024, the City continued its efforts to prevent displacement by coordinating the Rehabilitation Grant Program (see program Residential Rehabilitation Grant Program with Code Enforcement and the Proactive No. 1) with Code Enforcement and Rental Enforcement Program (PREP). In partnership with Habitat for Humanity of 9. Property Maintenance Proactive Rental Enforcement Program Orange County, the program provided grants of up to $25,000 to seven (7) households Standards (PREP) to provide assistance to low- Ongoing for health and safety repairs in single-family and mobile homes. Priority was given to income households and prevent low-income households, seniors (62+), disabled residents, and properties located in displacement where feasible when the City CDBG census tracts. By aligning this program with enforcement efforts, the City helped is requiring health and safety repairs to ensure that necessary repairs were made while supporting housing stability for comply with building code. vulnerable residents. 10. Proactive Rental A. Inspect at least 4,200 rental housing Annually The City's Code Enforcement Division conducts inspections of more than 4,200 rental Enforcement (PREP) units annually and bring them into housing units each year and works to bring them into compliance with City Codes and compliance with City codes and standards standards, which preserves the City's housing stock. while also preserving the City's housing stock. 10. Proactive Rental B. Prepare an annual report for City Council Annually The City's Code Enforcement Division prepares and submits quarterly and annual Enforcement (PREP) summarizing Proactive Rental Enforcement reports to the City Council summarizing Proactive Rental Enforcement Program Program (PREP) activities and activities and accomplishments. accomplishments. 10. Proactive Rental C. Work with the Orange County Health Annually The City's Code Proactive Rental Enforcement team continously works with the Orange Enforcement (PREP) Care Agency to identify infestation code County Health Care Agency to identify infestation code violations and streamline violations and streamline resolution of resolution of them. violations. 11. Residential Response A. Inspect at least 2,000 housing units Annually The City's Residential Response Team inspects more than 2,000 housing units anualy Team (RRT) annually and bring them into compliance to bring them into compliance with City codes and standards. with City codes and standards. City Council 7 — 173 52 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 11. Residential Response B. Work with the Orange County Health Annually The City's Code Residential Response Team continously works with the Orange Team (RRT) Care Agency to identify infestation code County Health Care Agency to identify infestation code violations and streamline violations and streamline resolution of resolution of them. violations. 11. Residential Response C. Continue to incorporate traditional code Annually The City's Code Enforcement Division, Neighborhood Initiatives and Environmental Team (RRT) enforcement with community education and Services team, Public Works Agency, and Parks and Recreation Division collaborate to empowerment by continuing to offer educate the public through workshops and offer neighborhood beautification programs, neighborhood beautification programs such including tree planting and neighborhood cleanup. as tree planting, cleanup programs, and other initiatives. 12. Historic Program and A. Implement the historic preservation Annually In 2024, staff reviewed and approved 14 new Historic Property Preservation Ordinance program and associated ordinances and Agreements (HPPAs) for the Mills Act program. Also, all existing 357 Mills Act incentives, including Mills Act, design contracts were renewed for another year as part of their ten-year contract period. Of the review, etc., with a goal of entering into 357 contracts, 47 that were recorded were renewed for another 10 year period. contract with and/or renewing at least 20 historic resource preservation agreements annually during the planning period. 12. Historic Program and B. Proactively reach out to at least 20 Annually In 2024, staff reviewed 13 potentially eligible properties for historic listing and of which, Ordinance owners of properties eligible for placement approved 7 new local register listings. on the local register of historic properties annually to encourage voluntary listing and preservation of resource during the planning period. 13. Historic Home A. Seek new funding sources, including Dec. 2023 No Update for CY 2024. Rehabilitation Incentive grants and loans, that can be used or leveraged with others funding sources to focus preventive, rather than corrective, repairs of historic homes and complement the Mills Act program. B. Establish a fee reduction or waiver No Update for CY 2024. program for low-income applicants to 13. Historic Home ensure equitable access and participation in Dec. 2023 Rehabilitation Incentive the Mills Act Program. The number of participants in the program will be determined once funding is secured. 14. Transit Zoning Code / A. Update the development review Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Specific Development No. processes and standards for the plan area includes approaches to streamlining and incentivizing by -right housing and mixed -use 84 (SD-84) to streamline and incentivize by -right developments citywide. housing and mixed -use developments. City Council 7 — 174 53 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation During CY 2024, the Crossroads at Washington project (located in the SD-84 plan area) was completed. This project was made possible through a total combined amount of $4,644,909 in financial assistance including $3,007,489 in HOME Investment Partnerships Program funds and $1,637,420 in Neighborhood Stabilization Program funds, fifteen (15) project -based vouchers, a joint sixty-five (65) year Ground Lease, and a Development Impact Fee Deferral Agreement. The Development Impact Fee B. Through the City's RFP for Affordable Deferral Agreement with Washington Santa Ana Housing Partners, L.P. defers Housing Development (see program No. 2), approximately $652,717 of their development impact fees. The Crossroads at facilitate and encourage the development in Washington project has 85 new affordable units and 1 manager's unit, with 42 three- SD-84 plan area of a variety of housing and four -bedroom units for large families, and 43 one- and two -bedroom affordable 14. Transit Zoning Code / types and mix of affordability levels, units for persons experiencing homelessness. 100% of the units are for extremely low - Specific Development No. including for lower income households Annually income households at 30% Area Median Income. 84 (SD-84) using appropriate incentives, such as awarding bonus points to developers whose The FX Residences project (also located in the SD-84 plan area) is currently under projects provide at least 75% or more of the construction and expected to be completed by January 2025. Approved by City Council, number of units to extremely low-income the project consists of 16 units of permanent supportive housing and one manager's families at 30% AMI. unit. The City provided financial assistance through $1,656,947 in Housing Successor Agency funds, three Project -Based Vouchers (PBVs), and a 99-year ground lease agreement for the property. Developed by HomeAid Orange County, Inc., with Mercy House as the service provider, FX Residences will provide much -needed housing for individuals experiencing homelessness. By prioritizing affordable housing in the SD-84 plan area, the City continues to facilitate and encourage development that serves extremely low-income households and supports long-term housing stability. 15. Metro East Mixed -Use A. Update the development review Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Overlay Zone (MEMU) processes and standards for the plan area includes approaches to streamlining and incentivizing by -right housing and mixed -use to streamline and incentivize by -right developments citywide. housing and mixed -use developments. B. Through the City's RFP for Affordable Housing Development (see program No. 2), facilitate and encourage the development in MEMU plan area of a variety of housing 15. Metro East Mixed Use types and mix of affordability levels, Overlay Zone (MEMU) including for lower income households Annually No Update for CY 2024. using appropriate incentives, such as awarding bonus points to developers whose projects provide at least 75% or more of the number of units to extremely low-income families at 30% AMI. City Council 7 — 175 54 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 16. Harbor Mixed -Use A. Update the development review Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Transit Corridor Specific processes and standards for the plan area includes approaches to streamlining and incentivizing by -right housing and mixed -use Plan (SP-2) to streamline and incentivize by -right developments citywide. housing and mixed -use developments. B. Through the City's RFP for Affordable Housing Development (see program No. 2), facilitate and encourage the development in The Estrella Springs project, located in the SP-2 plan area, was completed in 16. Harbor Mixed -Use SP-2 plan area of a variety of housing types November 2024 and fully leased up. The project involved the acquisition and Transit Corridor Specific and mix of affordability levels, including for Annually rehabilitation of a former motel, resulting in 89 units of permanent supportive housing. Plan (SP-2) lower income households using appropriate The City provided financial assistance through $1,687,047 in CDBG funds and 89 incentives, such as awarding bonus points Project -Based Vouchers (PBVs), including 34 HUD-VASH PBVs for veterans and 55 to developers whose projects provide at regular PBVs. least 75% or more of the number of units to extremely low-income families at 30% AMI. 17. General Plan A. Implement, monitor, and review the April Annually The City prepared and submitted an Annual Progress Report, which included a review City's General Plan and its elements, in of the City's General Plan and elements and determined that the plan and its elements particular the Land Use Element, to are effective in facilitating housing development. determine its effectiveness in facilitating housing development as part of the City's General Plan Annual Progress Report. If goals of the General Plan are not being met, amend as needed. 18. Zoning Code Update A. Comprehensively update the Zoning Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Code and design standards to achieve includes updates to achieve consistence with the City's General Plan as well as state consistency with the updated General Plan law. land use designations and goals, and to comply with new state laws such as AB 1397, AB 139, AB 101, AB 2162, and the Employee Housing Act. 19. Building Design A. Create comprehensive objective design Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Standards standards as part of the Zoning Code includes creation of objective design standards. Update (see program 18) to address the unique needs of residential/mixed-use products and provide a level of development design certainty to the community and developers alike. City Council 7 — 176 55 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 19. Building Design B. Create new Active Design Guidelines Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Standards and accompanying incentives as part of the includes creation of objective design standards. Zoning Code Update (see program 18) to encourage and foster housing designs that improve health and wellness. 20. Development Review A. Create a checklist of healthy design Jun. 2024 In 2024, the City made progress on the Comprehensive Zoning Code Update, which components based on the adopted Active will enable the preparation of a checklist for healthy design components. Design Guidelines in the Zoning Code Update (see program 18) to allow implementation healthy community components into new projects. 20. Development Review B. Develop recommendations for additional Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which resources to support expedited and efficient includes approaches to streamlining project review and will include recommendations development project review, such as an for additional resources to support expedited and efficient development project review. applicant guide or additional staffing. In addition, the City kicked -off development of a new land management and permitting software intended to facilitate more efficient project review timelines. In CY 2024, the City provided financial support and technical assistance for affordable housing development. Progress continued on RFP # 23-156. The RFP made $7,796,256 in HOME funds available for projects involving the acquisition, rehabilitation, conversion, or new construction of affordable ownership housing. Following the RFP process, Habitat for Humanity of Orange County was selected to A. Provide financial support and technical develop two projects: 21. Affordable Housing assistance to nonprofit and for -profit organizations that provide affordable Annually The first project at 621 W. Alton Ave. will convert a religious -owned building into 40 Incentives housing for extremely low-, very low-, and townhomes for low- and moderate -income households, with $9,807,571 in HOME low-income families in Santa Ana. funds. The second project at 425 E. Wellington Ave. will convert a 9-unit rental property into affordable ownership units, with $920,000 in Inclusionary Housing funds allocated for down payment assistance. While Successor Housing Agency land was made available, the developers opted not to utilize it for these projects. The City continues to provide weekly technical assistance to Habitat for Humanity and remains committed to supporting future affordable housing opportunities in Santa Ana. City Council 7 — 177 56 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation Throughout 2024, the City continued to support the development of several affordable housing projects through various funding sources, including the Low and Moderate Income Housing Asset Fund (LMIHAF), Inclusionary Housing Fund, HOME Investment Partnerships Program (HOME), Community Development Block Grant Program B. Provide financial assistance to support (CDBG), Project -Based Voucher Program (PBV), and HOME -American Rescue Plan the acquisition, rehabilitation, and new (HOME -ARP). As of December 31, 2024, there are two projects under construction and construction of properties to preserve and three projects in pre -development, all funded by the City: increase affordable housing opportunities - The Habitat for Humanity (1921 W. Washington Ave.) project, funded by Inclusionary for lower income households through the Housing ($2,200,000), involves the new construction of six single-family homes for 80% following programs: (1) Low and Moderate AMI households. 21. Affordable Housing Income Housing Asset Fund (LMIHAF) - FX Residences (801, 807, 809, and 809'h E. Santa Ana Blvd.), funded by the Incentives including land assets owned by the Housing Annually Housing Successor Agency ($1,656,947), three PBVs, and a 99-year ground lease is a Successor Agency; (2) Inclusionary 16-unit permanent supportive housing project expected to be completed by January Housing Fund (Inclusionary); (3) HOME 2025. Investment Partnerships Program (HOME); - In pre -development, Habitat for Humanity's 621 W. Alton Ave. project will convert a (4) Community Development Block Grant religious -owned building into 40 townhomes for low- and moderate -income households, Program (CDBG); (5) Project -Based with $9,807,571 in HOME funds. Voucher Program (PBV); and (6) HOME- - Habitat for Humanity's second project at 425 E. Wellington Ave. will convert a 9-unit American Rescue Plan (HOME -ARP). rental property into affordable ownership units, with $920,000 in Inclusionary Housing funds allocated for down payment assistance. - The Richard Lehn Intergenerational Housing project (918 N. Bewley St.), funded by HHAP ($2,021,319) and eight PBVs, will rehabilitate two buildings into 11 permanent supportive housing units for homeless transitional -age youth and seniors. C. Issue a Request for Proposals (RFP) In 2024, progress continued on RFP # 23-156. The RFP made $7,796,256 in HOME annually for the development of affordable funds available for projects involving the acquisition, rehabilitation, conversion, or new housing in Santa Ana. Proposed construction of affordable ownership housing. Following the RFP process, Habitat for developments may be for acquisition and Humanity of Orange County was selected to develop two projects: rehabilitation of eligible properties for rental The first project at 621 W. Alton Ave. will convert a religious -owned building into 40 21. Affordable Housing and/or ownership housing; acquisition and townhomes for low- and moderate -income households, with $9,807,571 in HOME Incentives conversion of nonresidential property to multifamily housing units; and/or new Annually funds. The second project at 425 E. Wellington Ave. will convert a 9-unit rental property construction of housing units for rental into affordable ownership units, with $920,000 in Inclusionary Housing funds allocated and/or ownership housing. The objective is for down payment assistance. While Successor Housing Agency land was made to finance the development of at least one available, the developers opted not to utilize it for these projects. multifamily affordable housing project per The City continues to provide weekly technical assistance to Habitat for Humanity and year. remains committed to supporting future affordable housing opportunities in Santa Ana. City Council 7 — 178 57 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the City continued to provide financial support and technical assistance to nonprofit and for -profit organizations developing affordable housing for extremely low- income households. Amongst various other projects, the City worked closely with the Illumination Foundation on the Richard Lehn Intergenerational Housing Project at 918 A. Provide financial support and technical N. Bewley St. On October 15, 2024, the City authorized the City Manager to execute a 22. Extremely Low -Income assistance to nonprofit and for -profit conditional grant agreement and regulatory agreement with Illumination Foundation for Housing organizations that provide affordable Annually & Ongoing $2,021,319 in Homeless Housing, Assistance and Prevention Program Round 1, 2, and housing for extremely low-income 3 funds for the development of the Richard Lehn Intergenerational Housing Project households. located at 918 Bewley Street. This development will provide permanent and supportive housing for homeless transitional age youth (TAY) aged 18 to 24, ensuring access to stable housing and critical supportive services. The project remains on track for completion by the end of 2025, further advancing the City's commitment to providing housing solutions and workforce development opportunities for homeless youth. In CY 2024, the City applied for HUD PRO Housing funding to support a Non -Profit and Religious Institution Site Study, aimed at identifying underutilized land owned by non- profits and religious institutions for potential affordable housing development. This initiative sought to expand housing opportunities for extremely low-income households by leveraging Senate Bill 4 (SB 4), which allows faith -based organizations to build affordable housing "by right", bypassing zoning restrictions. B. Apply for additional funding and provide 22. Extremely Low -Income other incentives as feasible to support the Annually &Ongoing If funded, the program would have conducted site inventories, feasibility analyses, and Housing production of affordable housing for issued an RFP to encourage partnerships between non -profits, religious institutions, extremely low-income households. and affordable housing developers. Given Santa Ana's limited land and high costs, this approach would have provided a cost-effective alternative to acquiring expensive, privately held land while preserving community services. Although the City did not receive HUD PRO Housing funds, it remains committed to securing additional funding and exploring innovative solutions to support the development of affordable housing for extremely low-income families. In CY 2024, the Santa Ana Housing Authority: C. Apply for opportunities to expand the • Utilized 99.2 percent of the Annual Budget Authority provided by HUD. It would have number of housing choice vouchers been 104.6% but SAHA received $2,746,823 in set -aside funds at the end of CY 2024. 22. Extremely Low -Income provided by the Authority, and set Annually &Ongoing • Applied for new funding opportunities for additional vouchers. Specifically: Housing Housing aside at least /o of vouchers for o In July 2024, SAHA received an award of twenty-five (25) new Foster Youth to extremely low-income households. Independence vouchers awarded under PIH Notice 2023-04. o In December 2024, SAHA received $2,746,823 in CY 2024 HAP Set -Aside funds, including $2,366,312 forproject-based vouchers and $380,511 for HUD-VASH. City Council 7 — 179 58 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation D. Through the City's RFP for Affordable 22. Extremely Low -Income Housing Development, award bonus points to Developers whose projects provide at In CY 2024, bonus points for Developers whose projects provide at least 75% or more Housing least 75 /o or more for the number of units Annually & Ongoing for the number of units for extremely low-income families at 30% AMI did not apply to for extremely low-income families at 30% the active RFP that had been issued in October 2023. AMI. During CY 2024, progress continued on RFP # 23-156. The RFP included a land asset A. Provide and/or leverage Successor owned by the Housing Authority of the City of Santa Ana acting as the Housing Housing Agency funds with other sources of Successor Agency. The proposed disposition and development of the property would 23. Successor Housing funding to support the production and/or Evaluate Availability Annually be solely for the development of affordable housing in accordance with requirements Agency rehabilitation of affordable housing for for an exemption from the California Surplus Land Act (Gov. Cody section 54220 et extremely low-, very low-, and low-income seq.). Although the Successor Housing Agency land was made available for use, only families. one developer submitted a proposal for it, but they subsequently rescinded their proposal. B. Set aside Successor Housing Agency funding for the purpose of increasing, improving and preserving the community's supply of low- and moderate -income housing. The Successor Housing Agency During CY 2024, the City did not allocate new funding from the Successor Housing funding sources are generated from Agency; however, the projects funded in CY 2022 continued to advance. Specifically, proceeds from the sale of former the FX Residences project, funded in CY 2022, has made significant progress. This 17- Redevelopment Agency housing assets, unit permanent supportive housing development is expected to be completed by 23. Successor Housing residual receipts from former January 2025. The City provided financial assistance through $1,656,947 in Housing Agency Redevelopment Agency assets (i.e. loans), Evaluate Availability Annually Successor Agency funds, three Project -Based Vouchers (PBVs), and a 99-year ground and a portion of the loan repayments from lease agreement for the property. The project, located at 801, 807, 809, and 809 h E. the former Redevelopment Agency to the Santa Ana Blvd., is designed to provide affordable housing for chronically homeless City. This fund includes land assets owned households and will include on -site amenities such as communal spaces, laundry by the Housing Authority acting as the facilities, and office space. The project remains on track to serve the community's low - Successor Housing Agency that must be and moderate -income housing needs once completed. developed for affordable housing or sold at or above fair market value to increase the Low and Moderate Income Housing Asset Fund. A. Update the City's local density bonus In 2024, the City made progress on the Comprehensive Zoning Code Update, which ordinance as part of the Zoning Code includes updating the City's density bonus ordinance in accordance with recent 24. Density Bonus Update (see program 18) in accordance Dec. 2023 changes to state law. Ordinance Update with recent changes to state law to incentivize the development of extremely low-, very low-, and low-income rental units. City Council 7 — 180 59 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation B. Maintain up-to-date density bonus 24. Density Bonus information on the City's website to provide developers with information on the Ongoing The City's current Density Bonus application is available on the website and directs Ordinance Update opportunities to develop affordable housing affordable housing developers to the site for more information. using state density bonus law. C. Prepare and make density bonus 24. Density Bonus application determinations within three months of application submittal to the In 2024, the City made density bonus application determination within thre emonths of Ordinance Update review/approval body, contingent upon any Ongoing application submittal contingent upon other discretionary actions required for project other discretionary actions required for approval. approval of the project. The Community Development Agency's Housing Division continues to manage Inclusionary Housing Plans for new projects per the Affordable Housing Opportunity & Creation Ordinance (AHOCO). In October 2024, as part of the Related Bristol Specific Plan project, the city facilitated discussions with the developer to ensure awareness of A. Continue to offer incentives beyond the available incentives. The development agreement for the Related Bristol Specific Plan, requirements of the City's inclusionary which encompasses a mixed -use urban village with up to 3,750 residential units, housing ordinance, known as the Affordable includes provisions for affordable housing contributions through in -lieu fees of $5 per 25. Affordable Housing Housing Opportunity & Creation Ordinance square foot of habitable residential space. This fee structure, contingent on the timely Opportunity & Creation (AHOCO). The city will continue to promote Ongoing payment of a $22 million community benefit payment, is designed to generate between Ordinance (AHOCO) the program via the City's website and with $9.4 million and $18.75 million for affordable housing initiatives in Santa Ana. developers. Every developer that brings a project forward will be made aware of the Through the approval process of the Related Bristol Specific Plan, the city ensured the incentives available at the time. developer was fully informed of available incentives at every stage of project planning. Additionally, the planning process integrated policies to support affordability, including potential oversight mechanisms for community benefit allocations and an evaluation of inclusionary housing requirements for specific project components, such as senior continuum care units. B. Collect and leverage in -lieu fees with other sources to support the production In CY 2024, no in -lieu fees were collected, as developers opted to build the required 25. Affordable Housing and/or rehabilitatin of affordable housing o affordable units on -site rather than pay fees. The City remains committed to leveraging Opportunity & Creation for extremely lowvery low - and low , Ongoing available funding sources to support the production and rehabilitation of affordable Ordinance (AHOCO) income families with a goal of funding eight housing for extremely low-, very low-, and low-income families and will continue to projects for the planning period. monitor and allocate resources as opportunities arise. City Council 7 — 181 60 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation The City continues to monitor housing production and AHOCO-qualifying projects to assess development trends and potential constraints. Inclusionary Housing Funds have C. Monitor the level of housing production been allocated to support new affordable homeownership opportunities. and AHOCO qualifying projects every two In 2024, a project was selected by RFP # 23-156 to allocate $920,000 in -lieu fees for 25. Affordable Housing years. If production levels fall below historic down payment assistance and relocation services for the Habitat for Humanity (425 E. Opportunity & Creation trends, take actions to review and revise Every Two Years Wellington Ave.) project, which will convert nine rental units into affordable ownership Ordinance (AHOCO) AHOCO fees and requirements to condominiums. ameliorate potential constraints to development. As housing production levels continue to be evaluated, the City remains committed to reviewing and revising AHOCO fees and requirements as needed to support the development of affordable housing. 26. Adaptive Reuse A. Evaluate, and if appropriate, amend the Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Adaptive Reuse Ordinance as part of the includes updating the City's Adaptive Reuse Ordinance. Zoning Code Update (see program 18) to remove potential constraints, such as expanding the eligible areas and structures. 26. Adaptive Reuse B. Proactively promote opportunities for Ongoing adaptive reuse of structures with historic merit or otherwise suitable to be converted The Planning Division continues to promote the Adaptive Reuse Ordinance at the to quality residential and mixed -use projects Planning Counter and division webpage. to property owners and interested developers on the Cit 's website. 27. Variety of Household A. Establish guidelines as part of the Zoning Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Sizes Program Code Update (see program 18) for new includes standards for a variety of unit sizes that are affordable to extremely low-, very housing development projects to include a low-, and low-income families. variety of unit sizes, including units for large families, that are affordable to extremely low-, very low-, and low-income families. City Council 7 — 182 61 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In 2024, progress continued on RFP # 23-156. The RFP made $7,796,256 in HOME B. Through the issuance of the annual RFP funds available for projects involving the acquisition, rehabilitation, conversion, or new for Affordable Housing Development, the construction of affordable ownership housing. Following the RFP process, Habitat for City will facilitate and encourage the Humanity of Orange County was selected to develop two projects, including one for development of larger rental and ownership large families: units for families, including lower and moderate -income families, and the The project at 621 W. Alton Ave. will convert a religious -owned building into 40 provision of childcare, after -school care, townhomes for low- and moderate -income households, with $9,807,571 in HOME 27. Variety of Household and other services when feasible, by funds. Each of the 40 new townhomes will have three -bedrooms and one and a half Sizes Program including selection criteria and points for Annually bathrooms for large families. In addition, during CY 2024, the Crossroads at projects that significantly increases Washington project was completed. This project was made possible through a total affordable housing opportunities for large combined amount of $4,644,909 in financial assistance including $3,007,489 in HOME families (three- and four -bedroom units). Investment Partnerships Program funds and $1,637,420 in Neighborhood Stabilization The RFP for Affordable Housing Program funds, fifteen (15) project -based vouchers, a joint sixty-five (65) year Ground Development is released once per year, Lease, and a Development Impact Fee Deferral Agreement. The Crossroads at with the objective of financing the Washington project has 85 new affordable units and 1 manager's unit, with 42 three - development of at least one multifamily and four -bedroom units for large families, and 43 one- and two -bedroom affordable affordable housing project per year. units for persons experiencing homelessness. 100% of the units are for extremely low- income households at 30% Area Median Income. 28. Parking Study & A. Build on results of recent parking studies Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Management and programs to identify need to mitigate includes updating parking programs as informed by recent parking studies, programs, parking constraints for affordable and best practices in the industry. development and evaluate residential/mixed use standards. Utilize the results of studies to inform parking standards in the Zoning Code Update. 28. Parking Study & B. Reevaluate the Residential Parking Jul. 2023 In 2024, the City conducted a citywide parking study facilitated ongoing discussions Management Permit Program to provide an equitable about the citywide permit parking program. citywide permit parking program that incorporates best practices and complies with state law. 28. Parking Study & C. Collaborate with SCAG in a Curb Dec. 2024 No Update for CY 2024. Management Management Study to identify best practices and pilot project for parking, deliveries, and travel for all modes of travel in the downtown. City Council 7 — 183 62 5/6/2025 Attachment B Name of Program Objective Timeframe in H.E Status of Program Implementation D. Develop a pilot program to partner with commercial property owners and school 28. Parking Study & districts to utilize parking at centers and Dec. 2023 No update for CY 2024. Management schools adjacent to residential uses to expand parking options for residential neighborhoods. 28. Parking Study & E. Work with OCTA and other Dec. 2023 As part of the City's Comprehensive Zoning Code Update, the Planning Division is Management transportation agencies to develop developing alternatives to current parking standards to lower the cost of housing, strategies that encourage the utilization of support greenhouse gas and vehicle miles traveld goals. alternatives to current parking standards to lower the cost of housing, support greenhouse gas and vehicle miles traveled goals and recognize the emergence of shared and alternative transportation modes. City Council 7 — 184 63 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the Santa Ana Housing Authority: A. Provide housing assistance payments to 1. Utilized 99.2 percent of the Annual Budget Authority provided by HUD. It would have eligible households in the Housing Choice been 104.6 /o but SAHA received $2,746,823 in set -aside funds at the end of CY 2024. Voucher Program and adhere to policies 2. Applied for new funding opportunities for additional vouchers. Specifically: and procedures in the federal regulations - In July 2024, SAHA received an award of twenty-five (25) new Foster Youth to and in the Housing Choice Voucher Independence vouchers awarded under PIH Notice 2023-04. Program Administrative Plan. Administer - In December 2024, SAHA received $2,746,823 in CY 2024 HAP Set -Aside funds. 100 percent of the funding provided to the Housing Authority on an annual basis for 3. Retained High Performer SEMAP status as of the end of FYE June 30, 2024 by: eligible households. This includes Special - Implementing a Quality Control Program that exceeds the minimum self -auditing Purpose Vouchers including the Veterans Affairs Supportive Housing Program, requirements for SEMAP. Under this Quality Control Program, we audit randomly 29. Housing Choice Voucher Mainstream Voucher Program, Foster Ongoing selected files and inspections on a monthly basis and provide this information back to Youth to Independence Program, and our staff with continuous guidance and training. For SEMAP Indicator # 3, which Emergency Housing Voucher Program. The Housing measures if our casework is being completed accurately, correctly, and in compliance objectives are to: utilize 100 percent of with the regulations, our team audited twelve (12) times as many files as required by the Annual Budget Authority provided by HUD for this fiscal year. For SEMAP Indicator # 5, which measures if our housing HUD for each CY; (2) apply for new funding inspections are being done completely, correctly, and in compliance with the opportunities for additional vouchers; regulations, our team audited twice as many inspections as required by HUD for this retain High Performer SEMAP status; and fiscal year. We also conducted quarterly and monthly audits for the various other (4) communicate on a regular basis with SEMAP indicators. active landlords by providing information on 4. Communicated on a monthly basis with active landlords by providing information on key program updates. key program updates. The Santa Ana Housing Authority had the following number of active participants in the Family Self -Sufficiency Program for each FY below: A. Administer the Family Self -Sufficiency o FY 2022: 106 active participants program to empower and support Housing o FY 2023: 93 active participants Choice Voucher Program participants to o FY 2024: 129 active participants 30. Family Self -Sufficiency achieve economic independence and self- Ongoing o FY 2025: 139 active participants (projected) sufficiency while adhering to policies and The Santa Ana Housing Authority graduated the following number of participants from procedures in the federal regulations and in the Family Self -Sufficiency Program for each FY below: the FSS Action Plan. Graduate at least two o FY 2022: 9 graduates families per year. o FY 2023: 8 graduates o FY 2024: 15 graduates o FY 2025: 2 graduates(projected) City Council 7 — 185 64 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the City continued to monitor Warwick Square Apartments, a project at risk A. Annually monitor the status of at -risk of converting to market rate, as part of its efforts to preserve affordable housing. The housing projects, specifically the Warwick City remains in contact with the property owners and has met with them to discuss Square, Highland Manor, and other projects options for preserving the property's affordability. On July 8, 2024, the owners of 31. Preservation of At Risk that may have expiring affordability Warwick Square sent a proposal to the City requesting $3.5 million and 8 project -based Housing covenants. Contact owners of properties at Ongoing vouchers. The City completed a financial analysis of their proposal on November 5, risk of conversion within one year of 2024. Staff are still reviewing the analysis and proposal to determine if any funding expiration to discuss City's desire and could be provided by the City for this project. Regarding Highland Manor, in June 2024, support to preserve projects as affordable the owner submitted an application to TCAC for additional tax credits. The City housing. conducted a Local Reviewing Agency Project Evaluation Form strongly supporting the project. In CY 2024, the City continued to monitor Warwick Square Apartments, a project at risk of converting to market rate, as part of its efforts to preserve affordable housing. The B. Coordinate with property owners to City remains in contact with the property owners and has met with them to discuss ensure notices to tenants are sent out at options for preserving the property's affordability. On July 8, 2024, the owners of 31. Preservation of At Risk three years, twelve months, and six Warwick Square sent a proposal to the City requesting $3.5 million and 8 project -based Housing months; educate tenants regarding tenants' Ongoing vouchers. The City completed a financial analysis of their proposal on November 5, rights and conversion procedures pursuant 2024. Staff are still reviewing the analysis and proposal to determine if any funding to state law (Government Code Section could be provided by the City for this project. Regarding Highland Manor, in June 2024, 65863.13). the owner submitted an application to TCAC for additional tax credits. The City conducted a Local Reviewing Agency Project Evaluation Form strongly supporting the project. In CY 2024, the City continued to monitor Warwick Square Apartments, a project at risk of converting to market rate, as part of its efforts to preserve affordable housing. The City remains in contact with the property owners and has met with them to discuss C. As resources are available, contact options for preserving the property's affordability. On July 8, 2024, the owners of 31. Preservation of At Risk agencies interested in purchasing and/or Warwick Square sent a proposal to the City requesting $3.5 million and 8 project -based Housing managing at -risk units, including entities Ongoing vouchers. The City completed a financial analysis of their proposal on November 5, from the State's qualified entities list. 2024. Staff are still reviewing the analysis and proposal to determine if any funding could be provided by the City for this project. Regarding Highland Manor, in June 2024, the owner submitted an application to TCAC for additional tax credits. The City conducted a Local Reviewing Agency Project Evaluation Form strongly supporting the project. City Council 7 — 186 65 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the City continued to monitor Warwick Square Apartments, a project at risk of converting to market rate, as part of its efforts to preserve affordable housing. The City remains in contact with the property owners and has met with them to discuss D. As resources are available, provide options for preserving the property's affordability. On July 8, 2024, the owners of 31. Preservation of At Risk technical assistance, financial or regulatory Warwick Square sent a proposal to the City requesting $3.5 million and 8 project -based Housing assistance as feasible to encourage and Ongoing vouchers. The City completed a financial analysis of their proposal on November 5, facilitate the preservation of projects at risk 2024. Staff are still reviewing the analysis and proposal to determine if any funding of conversion. could be provided by the City for this project. Regarding Highland Manor, in June 2024, the owner submitted an application to TCAC for additional tax credits. The City conducted a Local Reviewing Agency Project Evaluation Form strongly supporting the project. A. Implement a local preference for On June 4, 2024, the City Council approve the new Local Resident Preference in 32. Anti -displacement and residents who live or work in Santa Ana and Affordable Housing Ordinance to comply with the State of California Local Tenant Local Housing Preservation need affordable housing in compliance with 2024 Preferences to Prevent Displacement Act and codify the City's existing local resident all state and federal fair housing laws. preference policy. The webpage link for this Ordinance is here: https://www.santa- ana.org/documents/local-resident-preference-ordinance/ B. Explore a right -of -first -refusal ordinance for mobile home parks and publicly 32. Anti -displacement and supported multifamily residential properties 2024 No update for CY 2024. Local Housing Preservation (including properties at risk of conversion) to minimize tenant displacement and preserve affordable housing stock. 32. Anti -displacement and C. Evaluate and pursue collective Local Housing Preservation ownership models for mobile home parks 2024 No update for CY 2024. as a tool to prevent displacement. City Council 7 — 187 66 5/6/2025 Attachment B Name of Program Objective Timeframe in H.E Status of Program Implementation In November 2024, the voters of the City of Santa Ana adopted a ballot initiative to affirm the Rent Stabilization and Just Cause Eviction Ordinance by a vote of 57.63%. During CY 2024, the City continued implementing the Rent Stabilization and Just Cause Eviction Ordinance, first adopted by the City in October 2021, to enhance tenant protections and regulate rent increases. The Rent Stabilization Ordinance Team A. Implement the Just Cause Eviction expanded its efforts by developing educational materials and hosting community Ordinance and Rent Stabilization workshops for both tenants and landlords. The team also participated in various City 33. Rent Stabilization and Ordinances that were adopted in October events to promote awareness of the ordinance and collaborated with local nonprofits to Just Cause Eviction 2021 to provide tenant protections beyond Dec. 2023 & Ongoing strengthen outreach and support services. state mandates and manage affordability of Additionally, the City continued registering landlords in the Rental Registry and housing by regulating rent increases. collecting fees to ensure compliance with the ordinance. To further support tenants, the Rent Stabilization Ordinance Team released a Request for Proposals (RFP) and selected Families Forward to operate an Eviction Prevention Program, providing residents with up to three months of delinquent rent assistance. This program is funded using remaining CARES Act funds, reinforcing the City's commitment to preventing displacement and supporting housing stability. City Council 7 — 188 67 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In November 2024, voters adopted a ballot initiative to affirm the Rent Stabilization and B. Identify and implement the regulatory Just Cause Eviction Ordinance. The City continued implementing the ordinance by framework and administrative infrastructure strengthening the regulatory framework and administrative infrastructure needed to necessary to implement residential rent support tenant protections and rent stabilization policies. stabilization, just cause eviction, and other protections for tenants facing housing As part of its ongoing outreach and education efforts, the Rent Stabilization Ordinance instability, including: (1) ongoing outreach Team updated existing and developed new educational materials and expanded and education sessions at least annually to community workshops for both tenants and landlords. The team also participated in landlords, tenants, and the public on the City events and collaborated with local nonprofits to increase awareness and rent stabilization and tenant protections and understanding of renter protections. policies; (2) establishing a Rent Stabilization Additionally, the City registered landlords in the Rental Registry and collected fees to 33. Rent Stabilization and Board to serve as an advisory body responsible for developing policies and ensure compliance. The rental unit database, developed in partnership with 3Di, Inc., Just Cause Eviction procedures to implement the program; (3) Dec. 2023 & Ongoing continued to be maintained and updated to track tenancy information, required notices, conduct a fee study to establish an Annual and rental registry fee payments. Housing Fee charged to units subject to the To support housing stability, the City released a Request for Proposals (RFP) and Ordinance(s) to finance the program; (4) support the billing of fees charged to units selected Families Forward to operate an Eviction Prevention Program, which provides subject to the ordinance(s); (5) develop a up to three months of delinquent rent assistance to eligible residents. This program is comprehensive rental unit database; (6) funded using remaining CARES Act funds and is an essential component of the City's publish the allowable rent increases commitment to preventing displacement. annually; (7) monitor for program compliance; and (7) establish a schedule of Furthermore, the City monitored compliance with the Rent Stabilization Ordinance, penalties that may be imposed for including publishing allowable rent increases in partnership with RSG, Inc., which noncompliance. calculates the annual percentage increase limit per ordinance guidelines. Work also continued on establishing a schedule of penalties for noncompliance to strengthen enforcement. During CY 2024, the City continued expanding its Rent Stabilization Division to effectively administer the Rent Stabilization and Just Cause Eviction Ordinance to support tenants facing housing instability. The City hired several key staff members to C. Hire program staff and establish a new strengthen program implementation, including a Rent Stabilization Manager, two 33. Rent Stabilization and division to administer the Just Cause Housing Programs Analysts, and a Management Analyst. Just Cause Eviction Eviction Ordinance and Rent Stabilization Dec. 2023 & Ongoing Ordinances that were adopted in October With this growing team, the City has enhanced its ability to oversee program 2021 for tenants facing housing instability. operations, conduct outreach and education, monitor compliance, and support both tenants and landlords. The City remains committed to expanding the division further in the coming years to ensure the long-term success of rent stabilization and tenant protection efforts. City Council 7— 189 68 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation D. Periodically commission studies of the 33. Rent Stabilization and effectiveness of the program, who it is Dec. 2023 & Ongoing No Update for CY 2024. Just Cause Eviction serving, and how well it is meeting its objectives. During CY 2024, the City continued to support low- and moderate -income households through its My First Home program, providing down payment assistance loans of up to $120,000 for low-income households and up to $80,000 for moderate -income households. A total of 19 households received assistance, helping them achieve A. Assist low-income households with down homeownership and improve housing stability. This program continues to be a vital payment assistance loans of up to resource for residents in Santa Ana, making homeownership more accessible and 34. Down Payment 000 for low-income households and Ongoing affordable for those in need. In December 2024, the Community Development Assistance up to 80 up to $80,000 for moderate -income Commission also approved the conversion of nine existing rental units into affordable households. ownership condominiums at 425 E. Wellington Ave. with up to $920,000 in Inclusionary Housing Funds. The 425 E. Wellington Ave. project will convert an existing nine -unit apartment building into affordable condominiums, which will be made available for homeownership to low and moderate -income households earning less than 120% of the AM I. B. Periodically review the down payment In CY 2024, the City did not make any updates to the down payment assistance 34. Down Payment assistance program to increase or adjust the amount of assistance needed per Ongoing program. However, the City remains committed to periodically reviewing the program Assistance household to purchase their first home and will continue to make improvements or adjustments to the assistance amounts as based on the private market. needed, based on changes in the private housing market. In CY 2024, the City hosted 45 workshops throughout the year to educate residents on C. Hold quarterly workshops for local budgeting, credit, lending, and other homeownership topics. These workshops, held lenders and mortgage brokers to provide nearly weekly at locations like the Salgado Community Center and Delhi Center, invited 34. Down Payment outreach and education on utilizing the Once Every Quarter of a local lenders and mortgage brokers, who consistently attended to provide guidance on Assistance City's program in conjunction with a first Year using the City's program with a first mortgage. Additionally, staff participated in mortgage. Workshops will start in August community events like NeighborWorks OC's Homebuyer Fairs and the OCCHC 2022 and continue quarterly. Homebuyer Fair, broadening outreach and supporting residents on their path to homeownership. City Council 7 — 190 69 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the City held 45 workshops throughout the year to educate residents on the application process and assist in their pathway to homeownership. These workshops, D. Hold quarterly workshops for residents to which were held nearly every week, covered topics such as budgeting, credit, lending, provide education on the application and other homeownership -related matters. They took place at various community 34. Down Payment process to assist in the pathway to Once Every Quarter of a locations, including the Salgado Community Center, Delhi Center, Lawn Bowling Assistance homeownership. Workshops will start in Year Center, and Roosevelt Walker Community Center. Additionally, staff participated in August 2022 and continue quarterly. multiple community events and fairs, such as NeighborWorks OC's Homebuyer Fairs and the OCCHC Homebuyer Fair, extending outreach to a wider audience. These ongoing efforts highlight the City's dedication to supporting residents in achieving homeownership. In CY 2024, in addition to hosting 45 workshops, the City continued to actively promote E. Continue to advertise and promote the the homeownership assistance program through various media channels to ensure 34. Down Payment program to all forms of media to reach out broad reach to all residents who may be eligible. The City posted regular updates and Assistance to all residents who may be eligible for the Ongoing information about the program on its social media platforms, distributed flyers at City events, and conducted television interviews to further inform the public. These outreach program. efforts complemented the workshops and reinforced the City's commitment to making the program accessible to as many residents as possible. In CY 2024, the City continued to provide technical assistance to nonprofit organizations offering homeownership assistance and opportunities for families. The F. Provide financial support and technical City supported NeighborWorks Orange County in hosting Homebuyer 101 + City DPA 34. Down Payment assistance to nonprofit organizations to Ongoing monthly meetings and HUD -approved Homebuyer Education courses. The City also Assistance provide homeownership assistance and collaborated with nonprofits to facilitate events such as the OCCHC Homebuyer Fair opportunities for families. and Homeownership OC's Homebuyer Fair, where residents received crucial resources and guidance on homeownership. These efforts helped ensure that families in Santa Ana had access to the education and support they needed to achieve homeownership. In CY 2024, the City continued to provide technical assistance to nonprofit organizations offering homeownership assistance and opportunities for families. The G. Support nonprofit and for -profit City supported NeighborWorks Orange County in hosting Homebuyer 101 + City DPA 34. Down Payment organizations to educate homeowners, Ongoing monthly meetings and HUD -approved Homebuyer Education courses. The City also Assistance administer programs, and expand collaborated with nonprofits to facilitate events such as the OCCHC Homebuyer Fair homeownership opportunities. and Homeownership OC's Homebuyer Fair, where residents received crucial resources and guidance on homeownership. These efforts helped ensure that families in Santa Ana had access to the education and support they needed to achieve homeownership. 34. Down Payment H. Identify funding and partner with Dec. 24 Assistance community based organizations to support No Update for CY 2024. a Community Land Trust (CLT) homeownership program. City Council 7 — 191 70 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 35. Care Facilities A. Conduct a comprehensive analysis of the Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which City's Care Home Ordinance as part of the includes updating the city's Care Home Ordinance consistent with state and federal Zoning Code Update (see program 18) to laws. identify constraints and amend the ordinance to ensure consistency with state and federal laws, and to create barrier -free housing choices for persons with disabilities. 35. Care Facilities B. As part of the Zoning Code Update (see Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which program 18), define facilities not regulated includes updating definitions and required permits for facilities not regulated under the under the Community Care Facilities Act Community Care and Facilities Act. and specify permit process consistent with state law. In CY 2024, the City continued working with affordable housing developers and the A. Work with affordable housing developers Regional Center of Orange County to expand independent living options for individuals 36. Housing for People with and the Regional Center of Orange County with developmental and physical disabilities. The City collaborated with the developer Disabilities, including to expand independent living options for Annually and property manager of the Vista Del Rio Affordable Housing Project to conduct Developmental Disabilities persons with a developmental and/or compliance inspections and ensure the project remains safe and healthy for residents. physical disability. The 2.7-acre site includes 41 special needs apartments, with 15 units for individuals with physical impairments, and offers therapy classrooms. In CY 2024, the City continued its efforts to develop permanent supportive housing for special needs populations. Amongst various projects, one such project is the WISEPlace Permanent Supportive Housing Project, which was funded in 2022 B. Reviewing or endorse grant following the RFP for Affordable Housing Development. The project is located at 1411 36. Housing for People with opportunities, solicit applications for N. Broadway and will provide 47 studio units for individuals experiencing chronic Disabilities, including projects, review and facilitate new projects, Annually homelessness, along with one manager's unit. Developmental Disabilities or other actions to facilitate the new construction or rehabilitation of housing for Construction began in 2023, and the project was completed in 2024. The project will persons with disabilities. provide critical housing and on -site supportive services for individuals with mental illness and other barriers to stable housing. This reflects the City's commitment to addressing homelessness and providing housing opportunities for those most in need in Santa Ana. City Council 7 — 192 71 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 36. Housing for People with C. Update the Reasonable Accommodation Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Disabilities, including ordinance's findings for approval to ensure includes updating the city's Reasonable Accommodation ordinance. Developmental Disabilities compliance with Federal Fair Housing Acts and California Fair Employment and Housing Act by removing constraints, such as amending finding number eight, and ensuring the review process and evaluation criteria meet current fair housing requirements and HUD guidance. D. Hold annual small apartment -managers' workshop to train and educate property owners, HOAs, property managers, and tenants about best practices in property 36. Housing for People with management, neighborhood safety, and Disabilities, including landlord/tenant responsibilities (see Annually No Update for CY 2024. Developmental Disabilities program 44). The training will also cover specific concerns regarding families with children, occupancy standards, and reasonable accommodations and modifications. In CY 2024, the City continued its efforts to develop permanent supportive housing for special needs populations. Amongst various projects, one such project is the E. Provide affordable housing opportunities WISEPlace Permanent Supportive Housing Project, which was funded in 2022 for people with disabilities as part of the following the RFP for Affordable Housing Development. The project is located at 1411 36. Housing for People with City's RFP for Affordable Housing N. Broadway and will provide 47 studio units for individuals experiencing chronic Disabilities, including Development to support the development of Annually homelessness, along with one manager's unit. Developmental Disabilities permanent, affordable, and accessible Construction began in 2023, and the project was completed in 2024. The project will housing that allows people with disabilities provide critical housing and on -site supportive services for individuals with mental to live independent lives. illness and other barriers to stable housing. This reflects the City's commitment to addressing homelessness and providing housing opportunities for those most in need in Santa Ana. City Council 7 — 193 72 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the City continued its efforts to enhance housing stability and accessibility by partnering with Habitat for Humanity of Orange County to provide financial assistance for ADA-accessible improvements to homes. Through the Residential Rehabilitation Grant Program, the City offered grants of up to $25,000 to seven F. Provide financial assistance to single- households for health and safety repairs in single-family and mobile homes. The 36. Housing for People with family homeowners and renters to make program prioritized low-income households, seniors (62+), disabled residents, and Disabilities, including ADA-accessible improvements to their Ongoing homes located in CDBG census tracts. Developmental Disabilities homes. By coordinating this initiative with Code Enforcement and the Proactive Rental Enforcement Program (PREP), the City ensured that essential repairs were made, while also preventing displacement and supporting housing stability for vulnerable residents. This partnership continues to playa critical role in fostering accessible and safe living conditions for those in need in Santa Ana. The City continues to provide funding and technical assistance to support the development of permanent supportive housing for individuals experiencing homelessness. Through CDBG, HOME, HOME -ARP, HHAP funds, and Project -Based Vouchers (PBVs), the City partners with nonprofit and affordable housing developers to expand housing opportunities with supportive services. Currently, the City is supporting A. Continue to provide funding for providers several permanent supportive housing projects, including FX Residences, a 16-unit of emergency shelter and permanent permanent supportive housing development expected to be completed by January 37. Emergency Shelters and supportive housing for people who are 2025; WISEPlace Permanent Supportive Housing, a 47-unit project that received its Transitional Housing experiencing homelessness. Release an Ongoing Temporary Certificate of Occupancy in December 2024; Estrella Springs, an 89-unit RFP by the end of 2022 for the delivery of motel conversion that held its grand opening in November 2024, with full occupancy permanent housing. anticipated by January 2025; Archways Santa Ana, an 84-unit project that was 100 /o occupied by December 2024, with conversion expected by April 2025; Crossroads at Washington, an 85-unit development that reached full occupancy in October 2024, with conversion targeted for February 2025; and Bewley Street, which is expected to be completed by the end of 2025. These efforts demonstrate the City's continued commitment to expanding permanent supportive housing and ensuring that individuals experiencing homelessness have access to stable housing and essential services. City Council 7 — 194 73 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation The City continues to provide funding and technical assistance to support the development of permanent supportive housing for individuals experiencing homelessness. Through CDBG, HOME, HOME -ARP, HHAP funds, and Project -Based Vouchers (PBVs), the City partners with nonprofit and affordable housing developers to expand housing opportunities with supportive services. Currently, the City is supporting several permanent supportive housing projects, including FX Residences, a 16-unit permanent supportive housing development expected to be completed by January 2025; WISEPlace Permanent Supportive Housing, a 47-unit project that received its Temporary Certificate of Occupancy in December 2024; Estrella Springs, an 89-unit B. Continue to facilitate establishment of motel conversion that held its grand opening in November 2024, with full occupancy emergency shelters and transitional and anticipated by January 2025; Archways Santa Ana, an 84-unit project that was 100% 37. Emergency Shelters and supportive housing throughout the planning occupied by December 2024, with conversion expected by April 2025; Crossroads at Transitional Housing period. Approve and finance 10 new Ongoing Washington, an 85-unit development that reached full occupancy in October 2024, with permanent supportive housing projects and conversion targeted for February 2025; and Bewley Street, which is expected to be a new 200+ bed emergency shelter in the completed by the end of 2025. These efforts demonstrate the City's continued planning period. commitment to expanding permanent supportive housing and ensuring that individuals experiencing homelessness have access to stable housing and essential services. 37. Emergency Shelters and C. Amend the City's Municipal Code as part Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Transitional Housing of Zoning Code Update to revise its includes revising the city's homeless shelter ordinance to comply with state law. homeless shelter ordinance to comply with state law, such as AB 139 and AB 101, and most recent best practices. City Council 7 — 195 74 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation The City continues to provide funding and technical assistance to support the development of permanent supportive housing for individuals experiencing homelessness. Through CDBG, HOME, HOME -ARP, HHAP funds, and Project -Based Vouchers (PBVs), the City partners with nonprofit and affordable housing developers to expand housing opportunities with supportive services. Currently, the City is supporting B. Continue to facilitate establishment of several permanent supportive housing projects, including FX Residences, a 16-unit emergency shelters and transitional and permanent supportive housing development expected to be completed by January 37. Emergency Shelters and supportive housing throughout the planning 2025; WISEPlace Permanent Supportive Housing, a 47-unit project that received its Transitional Housing period. Approve and finance 10 new Ongoing Temporary Certificate of Occupancy in December 2024; Estrella Springs, an 89-unit permanent supportive housing projects and motel conversion that held its grand opening in November 2024, with full occupancy a new 200+ bed emergency shelter in the anticipated by January 2025; Archways Santa Ana, an 84-unit project that was 100% planning period. occupied by December 2024, with conversion expected by April 2025; Crossroads at Washington, an 85-unit development that reached full occupancy in October 2024, with conversion targeted for February 2025; and Bewley Street, which is expected to be completed by the end of 2025. These efforts demonstrate the City's continued commitment to expanding permanent supportive housing and ensuring that individuals experiencing homelessness have access to stable housing and essential services. The City has continued its efforts to address the needs of homeless youth by supporting the Illumination Foundation in the development of the Intergenerational Housing Project at 918 N. Bewley Street. On October 15, 2024, the City authorized the City Manager to execute a conditional grant agreement and regulatory agreement with B. Continue efforts to address Homeless Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and 38. Permanent Supportive Youth needs through access to permanent Ongoing Prevention Program Round 1, 2, and 3 funds for the development of the Richard Lehn Housing and supportive housing and workforce Intergenerational Housing Project located at 918 Bewley Street. This development will development. provide permanent and supportive housing for homeless transitional age youth (TAY) aged 18 to 24, ensuring access to stable housing and critical supportive services. The project remains on track for completion by the end of 2025, further advancing the City's commitment to providing housing solutions and workforce development opportunities for homeless youth. 38. Permanent Supportive C. Amend the Municipal Code to comply Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Housing with AB 2162. includes amending the code to comply with AB 2162. City Council 7 — 196 75 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the City continued its efforts to develop permanent supportive housing for D. As part of the RFP for Affordable special needs populations. Amongst various projects, one such project is the Housing Development (see program 2), WISEPIace Permanent Supportive Housing Project, which was funded in 2022 request proposals for permanent supportive following the RFP for Affordable Housing Development. The project is located at 1411 housing from owners and/or affordable N. Broadway and will provide 47 studio units for individuals experiencing chronic 38. Permanent Supportive housing developers together with at least Ongoing homelessness, along with one manager's unit. Housing one service provider. Projects will provide affordable housing opportunities for special Construction began in 2023, and the project was completed in 2024. The project will needs populations including, but not limited provide critical housing and on -site supportive services for individuals with mental to, homeless individuals and families, and illness and other barriers to stable housing. This reflects the City's commitment to persons with a disability. addressing homelessness and providing housing opportunities for those most in need in Santa Ana. In CY 2024, the City allocated ESG grant funding to support agencies providing essential services for individuals experiencing homelessness or at risk of homelessness. The following projects were funded: SAPID H.E.A.R.T Program (Santa Ana Police Department): $46,197 to connect individuals with homelessness resources, including shelter and mental health services through collaboration with the County's PERT team. Rapid Re -Housing (WISEPIace): $76,197 to provide shelter, case management, and housing assistance for unaccompanied homeless women, including those recovering A. Annually, allocate grant funding as from trauma or substance abuse. 39. Supportive Services available to agencies that provide services Ongoing Rapid Re -Housing (Illumination Foundation): $71,197 to provide flexible rental to people experiencing homelessness or at assistance and housing support for residents working toward stability. risk of becoming homeless. Homeless Prevention (Illumination Foundation): $21,197 to prevent homelessness by providing rental assistance and case management for families in danger of losing housing. HMIS (2-1-1 / United Way): $99,900 for coordinating Homeless Management Information System (HMIS) efforts and ensuring data quality. Domestic Violence Shelter (Interval House): $76,197 to offer shelter and support services for homeless victims of domestic violence and their children. These funds support the City's ongoing commitment to addressing homelessness and providing vital services to those in need in Santa Ana. City Council 7 — 197 76 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation B. Every five years, participate with other In CY 2024, the City continued its participation in the Orange County ESG local jurisdictions in the Orange County Collaborative, working alongside neighboring jurisdictions to leverage Emergency ESG Collaborative to leverage funds and Solutions Grant (ESG) funds for maximum impact. Over the past five years, this 39. Supportive Services ensure maximum impact. Re-evaluate and Every Five Years collaboration has allowed the City to pool resources effectively, strengthening efforts to participate in ESG Collaborative for the next address homelessness and enhance services across the region. Toward the end of CY five-year period at the end of this term. 2024, the City participated in a regional RFP that was issued by the Collaborative for the selection of providers for the next five years. A. Support food distribution programs and For the FY 2024-2026 CDBG funding cycle, no organizations offering food distribution similar senior services. Provide a minimum programs applied for funding. As a result, the City has not had the opportunity to 40. Senior Services of $30,000 (proportionate to funding Ongoing support such nonprofits. However, the City remains committed to supporting these available) to service providers that apply for programs and will continue to advertise the funding opportunity more widely to ensure funding and are eligible under CDBG. that eligible organizations are aware and have the chance to apply in the future. B. Support private and nonprofit entities to For the FY 2024-2026 CDBG funding cycle, no organizations offering house -sharing match seniors in house -sharing arrangements. Provide a minimum of programs for seniors applied for funding. As a result, the City has not had the 40. Senior Services $30,000 (proportionate to funding available) Ongoing opportunity to support such nonprofits. However, the City remains committed to to service providers that apply for funding supporting these initiatives and will ensure that the program is advertised more widely and are eligible under CDBG. to reach eligible organizations and encourage applications in the future. 40. Senior Services C. The City's PRCSA will continue to fund Ongoing Santa Ana's Senior Services Section is making a significant impact across the Meals on Wheels, a nonprofit organization community through a diverse range of programs offered at both the Southwest Senior that provides healthy meals to seniors at Center (SWSC) and the Santa Ana Senior Center (SASC). From monthly celebrations two City community centers. In addition, the to specially designed contract classes tailored for adults 55 and older, senior residents CDBG public service application is released can stay engaged, active, and connected. every two years to nonprofits to provide public services to Santa Ana residents that The Senior Mobility Program (SMP) has expanded to include daily pick-up and drop-off include services to seniors. For FY 2022 services for participants, as well as local transportation for shopping trips to grocery and FY 2023, the CDBG program awarded stores and retail destinations. a total of $60,000 to Working Wardrobes to address the employment challenges faced The Senior Excursion Program has taken participants on memorable trips throughout by seniors and will provide workforce Southern California, including visits to the Reagan Library, Descanso Gardens, development services to seniors age 55 SeaWorld, and Disneyland. and over. In October, the Senior Services Section successfully hosted an International Older Adults Day Celebration, raising awareness about senior issues and connecting residents with valuable community resources. Additionally, in collaboration with Meals on Wheels, the section serves approximately 112 congregate lunch meals per day across both centers —ensuring that seniors have access to healthy, nutritious food in a supportive community setting. City Council 7 — 198 77 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation In CY 2024, the Santa Ana Housing Authority: • Utilized 99.2 percent of the Annual Budget Authority provided by HUD. It would have been 104.6% but SAHA received $2,746,823 in set -aside funds at the end of CY 2024. • Applied for new funding opportunities for additional vouchers. Specifically: o In July 2024, SAHA received an award of twenty-five (25) new Foster Youth to A. Provide Housing Choice Vouchers to Independence vouchers awarded under PIH Notice 2023-04. 41. Family Housing extremely low-income and very low-income Ongoing o In December 2024, SAHA received $2,746,823 in CY 2024 HAP Set -Aside funds, families (see program No. 29). including $2,366,312 for project -based vouchers and $380,511 for HUD-VASH. • Retained High Performer SEMAP status as of the end of FYE June 30, 2024. Specifically: o For FYE 6/30/2024, the Housing Authority will be certified as a High Performing Housing Authority. Throughout 2024, the City supported the development of several affordable housing projects through various funding sources. They include: - The Habitat for Humanity project (1921 W. Washington Ave.), funded by Inclusionary Housing ($2,200,000), involves the new construction of six single-family homes for 80% AMI households. - FX Residences (801, 807, 809, and 809'h E. Santa Ana Blvd.), funded by the Housing Successor Agency ($1,656,947), three PBVs, and a 99-year ground lease, is a 16-unit permanent supportive housing project expected to be completed by January B. Provide financial assistance to support 2025. - The Habitat for Humanity project (621 W. Alton Ave.), in pre -development, will 41. Family Housing the production and/or rehabilitation of affordable housing for extremely low-, very Ongoing convert a religious -owned building into 40 townhomes for low- and moderate -income low-, and low-income large families (see households, with $9,807,571 in HOME funds. program No. 1). - Habitat for Humanity's second project at 425 E. Wellington Ave. will convert a 9-unit rental property into affordable ownership units, with $920,000 in Inclusionary Housing funds allocated for down payment assistance. - The Richard Lehn Intergenerational Housing project (918 N. Bewley St.), funded by HHAP ($2,021,319) and eight PBVs, will rehabilitate two buildings into 11 permanent supportive housing units for homeless transitional -age youth and seniors. - The Orange Housing Development Corporation (OHDC) project will support the conversion of 42 market -rate units into affordable housing for families earning up to 80% of the Area Median Income (AMI), while increasing affordability for 41 existing affordable units to 60% AMI. City Council 7 — 199 78 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation During CY 2024, the City continued to support low- and moderate -income households through its My First Home program, providing down payment assistance loans of up to C. Offer down payment assistance to $120,000 for low-income households and up to $80,000 for moderate -income 41. Family Housing qualified low-income and moderate -income Ongoing households. A total of 19 households received assistance, helping them achieve families (see program No. 34). homeownership and improve housing stability. This program continues to be a vital resource for residents in Santa Ana, making homeownership more accessible and affordable for those in need. In CY 2024, the City continued to encourage the development of larger rental and ownership units for families, including low- and moderate -income households, through its annual RFP for affordable housing. The focus remained on projects offering three - and four -bedroom units for large families and providing additional services like childcare when feasible. Recent project updates also include: Westview House (2530 & 2534 Westminster Ave.): This project includes 84 affordable units, with 58 three- and four -bedroom units. 75% of the units are reserved for extremely low-income households at 30% AMI. The project was completed in 2024, and residents have moved in. D. Encourage the development of larger Crossroads at Washington (1126, 1136, & 1146 E. Washington Ave.): The 85 rental and ownership units for families, including lower and moderate -income affordable units include 42 three- and four -bedroom units. The development is 100% families, through the selection criteria for occupied as of October 2024. 41. Family Housing the RFP for Affordable Housing Ongoing Habitat for Humanity (1921 W. Washington Ave.): This project will provide six Development (see program 2) that is issued once a year. The objective is to finance the ownership units, each with three bedrooms and 2.5 bathrooms for low-income development of at least one multifamily households at 80% AMI.On July 16, 2024, the City approved the Conditional Grant affordable housing project per year. Agreement and Density Bonus Agreement for the development of this project. Furthermore, as part of the selection process for RFP #23-156, the City selected Habitat for Humanity to develop the following two homeownership projects for local families: 621 W. Alton Ave. will construct 40 three -bedroom, one and a half bath homes for low - and moderate -income households. 425 E. Wellington Ave. will convert a 9-unit rental property into affordable ownership units, with $920,000 in Inclusionary Housing funds allocated for down payment assistance. City Council 7 — 200 79 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 42. Child Care Options A. Review and update regulations Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which pertaining to day/childcare as part of the includes updating regulations pertaining to child day care facilities to ensure Zoning Code Update (see program 18) to consistency with state laws and to incentivize co -locating child day care facilities in ensure consistency with state laws and affordable housing projects. consider incentives for co -locating childcare facilities in affordable housing projects or other alternatives if found to be infeasible. The City approved funding for several organizations in 2024 to support services for Santa Ana's children, including: - America On Track offers mentorship, STEM workshops, camps, and family support for children of prisoners. - Delhi Center in collaboration with UCI provides leadership training for teens to teach B. Continue funding organizations that help younger children about gang prevention and safe choices. 42. Child Care Options address and meet the supportive service Jul. 2022 - MOMs OC offers prenatal and infant home visits with health education and mental needs of Santa Ana's children. health support. - OCCTAC provides arts enrichment, youth and family counseling, and crisis intervention. - Straight Talk Clinic offers mental health services and counseling for low-income residents, including children. These programs help ensure children and families in Santa Ana have access to vital resources and support. The CDBG Public Service application for the FY 2024-2026 service period was C. Issue a CDBG public service application released at the end of 2023. At the beginning of 2024, following a thorough review every two years to eligible nonprofit process, eligible nonprofit organizations were selected to receive funding to provide 42. Child Care Options organizations to provide public service Jul. 2022 public service programs that benefit Santa Ana residents, including services for children programs to Santa Ana residents that and youth. This selection process reinforces the City's ongoing commitment to include services for children and youth. supporting vital community organizations and empowering them to enhance the well- bein of local residents. 43. Multi -Generational A. Incorporate development and site design Dec. 2023 In 2024, the City made progress on the Comprehensive Zoning Code Update, which Housing and Accessory standards in residential zones through the includes incorporation of development and design standards in residential zones that Dwelling Units (ADUs) Zoning Code Update (see program 18) that offer flexibility for multigenerational housing. offer flexibility to promote innovative models of multigenerational housing. 43. Multi -Generational B. Publish preapproved ADU prototype Jul. 2022 The City adopted preapproved ADU propotype plans. Housing and Accessory plans to provide greater certainty and Dwelling Units ADUsquality in the development of such housing. City Council 7 — 201 80 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation 43. Multi -Generational C. Market the ADU program through a Jul. 2022 The City developed a dedicated web page of the City's planning website to market the ADU Housing and Accessory dedicated web page on the City's planning program. The City City also developed a handout that provides information about the ADU Dwelling Units (ADUs) website; provide downloadable educational program. flyers in English, Spanish, and Vietnamese that publicize the program. In CY 2024, staff applied for $4,550,000 in HUD PRO Housing funding to support an Unpermitted Dwelling Unit Legalization initiative, which aimed to assist lower- and 43. Multi -Generational D. Pursue grant funding to assist lower- and moderate -income homeowners in legalizing unpermitted accessory dwelling units Housing and Accessory moderate -income homeowners to construct Ongoing (ADUs). This program would provide financial and permitting assistance to help Dwelling Units (ADUs) ADUs. homeowners bring their units into compliance and rent them as affordable housing through 15-year affordability covenants. While the City did not receive the HUD funds, it will continue to pursue other opportunities to fund ADU assistance. 43. Multi -Generational E. Study ADU plan review fees to seek Dec. 2023 Housing and Accessory opportunities to reduce fees and costs of Dwelling Units (ADUs) developing ADUs. The City reduced plan review fees in 2023. 43. Multi -Generational F. Monitor the level of production of ADUs Every Two Years The City prepares and submits a Housing Element Annual Progress Report and Housing and Accessory every two years, and if production levels fall monitors production of ADUs, which has met and exceeded the City goals and Dwelling Units (ADUs) below goals, take actions to increase projections. production or find suitable sites to accommodate a shortfall within six months. 43. Multi -Generational G. Amend the ADU ordinance to comply Dec. 2023 The City amended the ADU ordinance in 2024 to comply with state law. Housing and Accessory with state law and to incorporate best Dwelling Units ADUs practices. A. Ensure all City programs and activities In CY 2024, the City ensured all housing and community development programs were relating to housing and community administered to affirmatively further fair housing. In August 2024, a mandatory fair 44. Fair Housing development are administered in a manner Ongoing housing training was provided to all Housing Authority and Housing Division staff that affirmatively furthers fair housing. involved in housing program development and implementation, ensuring compliance with federal and state requirements. In CY 2025, the City allocated $75,000 in CDBG funding to support the Fair Housing B. Continue to provide CDBG funds on an Council of Orange County (FHCOC) in delivering fair housing education, annual basis to a fair housing organization landlord/tenant counseling, and enforcement services to combat housing to discourage unlawful practices, resolve discrimination. This funding helps ensure Santa Ana residents —particularly those in 44. Fair Housing tenant/ landlord disputes, provide Annually & Ongoing RECAP and TCAC census tracts —receive guidance on their rights, protections, and education, and further equal housing resources to address housing -related concerns. By supporting administrative and opportunities, including focused outreach in program staff, as well as service contracts, the City remains committed to annually R/ECAP and TCAC census tracts. funding fair housing initiatives that discourage unlawful practices, resolve tenant - landlord disputes, and promote equal housing opportunities for all residents. City Council 7 — 202 81 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation C. Periodically prepare the Analysis of The City is currently preparing the Analysis of Impediments to Fair Housing Choice (AI) 44. Fair Housing Impediments to Fair Housing Choice to Jul. 2025, & Every 5 Years for the 2025-2029 period, with Santa Ana leading the effort. This analysis aims to identify, remove, and/or mitigate potential After identify and address potential barriers to fair housing and ensure compliance with impediments to fair housing in Santa Ana. federal and state regulations. D. Hold annual small apartment -managers' The Rent Stabilization Ordinance Team held three public workshops in November and workshop to train and educate property December 2024 for apartment owners and property management staff to provide owners, HOAs, property managers, and education on the City's Rent Stabilization and Just Cause Eviction Ordinance. These 44. Fair Housing tenants on best practices in property Annually workshops covered key requirements of the ordinance, including just cause eviction management, neighborhood safety, and stipulations, outlining the responsibilities of both tenants and landlords. By hosting landlord/tenant responsibilities. these sessions, the City aimed to promote best practices in property management, enhance neighborhood stability, and ensure compliance with local rental regulations. In 2024, the City utilized $75,000 of its CDBG funding to support the Fair Housing Council of Orange County (FHCOC) in providing fair housing education, landlord/tenant counseling, and enforcement services to combat housing discrimination. This program E. Partner with legal assistance ensures that Santa Ana residents receive guidance on their rights and protections, with organizations to provide legal clinics for funding supporting administrative and program staff, as well as service contracts. As 44. Fair Housing tenants on tenants' rights and recourse for Annually part of the City's commitment to advancing fair housing, these efforts align with CDBG intimidation and unjust evictions. funding requirements. Additionally, the City's Rent Stabilization Team partners with Community Legal Aid SoCal to assist tenants with rent stabilization and just cause eviction issues, further strengthening tenant protections and access to legal resources. F. Provide a mandatory fair housing training to all Housing Authority and Housing In August 2024, a mandatory fair housing training was provided to all Housing Authority 44. Fair Housing Division staff involved in the development, Annually and Housing Division staff involved in the development, provision, or implementation of provision, or implementation of housing housing programs. programs. 45. Reducing Second -Hand A. Conduct education efforts in concert with Smoke stakeholders and partners in the Ongoing No Update for CY 2024. community. B. Explore a smoke -free ordinance in 45. Reducing Second -Hand multifamily housing in Santa Ana. If Smoke determined to be feasible, include Dec. 2023 No Update for CY 2024. ordinance along with Zoning Code Update (see Program 18). City Council 7 — 203 82 5/6/2025 Attachment B Name of Program Objective Timeframe in KE Status of Program Implementation C. Continue to issue the CDBG public The City released the CDBG Public Service application for the FY 2024-2026 service service application every two years to year, offering eligible non-profit organizations the opportunity to apply for funding. 45. Reducing Second -Hand eligible nonprofit organizations to provide Through this process, the City awarded funding to Community Health Initiative Orange Smoke public service programs to Santa Ana Every Two Years County (CHIOC) to support Santa Ana residents in accessing health and social service residents that include health education programs. CHIOC provides outreach, education, enrollment, and case management services to teens and adults. services to vulnerable populations, ensuring they acquire, retain, and effectively utilize community resources. City Council 7 — 204 83 5/6/2025 Attachment B Jurisdiction Santa Ana epor mg an.Dec. Period 2024 31) Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Note:'Y' indicates an optional field Cells in grey contain auto -calculation formulas Table E Commercial Development Bonus Approved pursuant to GC Section 65915.7 Description of Project Identifier Units Constructed as Part of Agreement Commercial Commercial Development Bonus Date Approved Development Bonus 1 2 3 4 Local Description of APN Street Address Project Name. Jurisdiction Very Low Low Moderate Above Moderate Commercial Commercial Development Bonus Trackina ID* Income Income Income Income Development Bonus Date Approved Summary Row: Start Data Entry Below City Council 7 — 205 84 5/6/2025 Attachment B Jurisdiction Santa Ana an.Dec. Reporting Period 2024 31) Planning Period 6th Cycle 10/1512021-10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: 'Y' indicates an optional field Cells in grey contain auto -calculation formulas Table F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non -affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net -new housing units and must be reported in Table A2 and not reported in Table F. Units that Count Towards RHNA+ The description should adequately document Note - Because the statutory requirements severely limit how each unit complies with subsection (c) of Units that Do Not Count Towards RHNA+ what can be counted, please contact HCD at Government Code Section 65583.1+. Listed for Informational Purposes Only apr@hcd.ca.gov and we will unlock the form which enable For detailed reporting requirements, see the Activity Type you to populate these fields. chcklist here: Extremely Low- Very Low- Extremely Low- https:Uwww hctl cahctl ca gov/community- Very Low- TOTAL development/flocs/adequate-sites-checklist odf Income+ Income+ Low -Income+ TOTAL UNITS+ Income+ Income+ Low -Income+ UNITS+ Rehabilitation Activity Preservation of Units At -Risk Acquisition of Units Mobilehome Park Preservation Total Units by Income City Council 7 — 206 85 5/6/2025 Attachment B Jurisdiction Santa Ana epo mg Period 2024 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021-10115/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: W' indicates an optional field Cells in grey contain auto -calculation formulas Table F2 Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction's moderate -income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed -restricted rental housing for moderate -income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). Project Identifier Unit Types Affordability by Household Incomes After Conversion Units credited toward Moderate Notes Income RHNA 1 2 3 4 5 6 Local Unit Tenure Very Low- Very Low- Low- Income Moderate- Moderate - Above Total Moderate Income Date Prior APN. Current APN Street Address Project Name. Jurisdiction Category Income Deed Income Low- Income Deed Non Deed Income Deed Income Non Moderate- Units Converted from Converted Tracking ID (2 to 4,5+) R=Renter Restricted Non Deed Restricted Restricted Restricted Restricted Deed Restricted Income Above Moderate Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 City Council 7 — 207 86 5/6/2025 Attachment B element sites inventory contains a site which is or was Jurisdiction Santa Ana owned by the reporting jurisdiction, and has been sold, Reporting (Jan. 1 - Dec. leased, or otherwise disposed of during the reporting Period 2024 31) year. Period 6th Cycle 10/15/2021 - 10/15/2029ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: 'Y' indicates an optional field Cells in grey contain auto -calculation formulas Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier 1 2 3 4 APN Street Address Project Name+ Local Jurisdiction Trackinq ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site Summary Row: Start Data Entry Below City Council 7 — 208 87 5/6/2025 Attachment B Jurisdiction Santa Ana NOTE: This table must contain an invenory of Note: "+" indicates an optional field Reporting an. 1 - Dec. ALL surplus/excess lands the reporting Cells in grey contain auto -calculation Period 2024 31) jurisdiction owns formulas ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation For Orange County jurisdictions, please format the APN's as follows:999-999-99 Table H Locally Owned Surplus Sites Parcel Identifier Designation Size Notes 1 2 3 4 5 6 7 APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes Summary Row: Start Data Entry Below 099-224-39 5225 W. 1st St. Vacant 0 Exempt 0.13 099-224-38 5221 W. 1st St. Vacant 0 Exempt 0.13 008-225-23 217 S. Bristol St. Vacant 0 Exempt 0.08 008-225-24 219 S. Bristol St. Vacant 0 Exempt 0.13 008-231-25 223 S. Bristol St. Vacant 0 Exempt 0.10 004-121-12 1307 W. 10th St. Vacant 0 Exempt 0.14 099-224-33 114 N. Euclid St. Vacant 0 Exempt 0.11 109-121-23 2201 W. La Verne Ave. Vacant 0 Exempt 0.04 008-084-10 1102 W. 5th St. Vacant 0 Exempt 0.06 405-121-06 801 N. English St. Vacant 0 Exempt 0.09 109-092-61 1209 S. Sullivan St. Vacant 0 Exempt 0.07 002-131-57 2337 N. Riverside Dr. Vacant 0 Exempt 0.05 403-121-30 1730 S. Grand Ave. Vacant 0 Exempt 0.01 398-381-09 414 Santa Fe Vacant 0 Exempt 0.04 013-053-33 No address assigned Vacant 0 Exempt 0.06 013-052-27 No address assigned Vacant 0 Exempt 0.01 013-052-28 No address assigned Vacant 0 Exempt 0.01 013-123-25 1434 S. Towner St. Vacant 0 Exempt 0.03 013-124-23 1435 S. Towner St. Vacant 0 Exempt 0.04 013-121-25 1435 S. Lowell St. Vacant 0 Exempt 0.03 013-124-24 1434 S. Lowell St. Vacant 0 Exempt 0.03 144-303-22 No address assigned Vacant 0 Exempt 0.01 398-236-01 621 Spurgeon Vacant 0 Exempt 0.03 399-085-22 1725 N. Bristol St. Vacant 0 Exempt 0.10 004-121-18 1301 W. 10th St. Vacant 0 Exempt 0.16 013-053-32 No address assigned Vacant 1 0 Exempt 0.12 City Council 7 — 209 88 5/6/2025 Attachment B Jurisdiction Santa Ana Reporting (Jan. 1 - Dec. NOTE: STUDENT HOUSING WITH DENSITY BONUS Period 2024 31) ONLY. This table only needs to be completed if there Planning were student housing projects WITH a density bonus Period 6th Cycle 10115/2021-im15/2029 approved pursuant to Government Code65915(b)(1)(F) ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation Note: 'Y' indicates an optional field Cells in grey contain auto -calculation formulas Table J Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Units Project Identifier Project Type Date Units (Beds/Student Capacity) Approved (Beds/Student Notes Capacity) ran 1 2 3 4 5 6 Local Very Low- Very Low- Low- Income Low- Income Moderate- Moderate - Above Total Additional APN Street Address Project Name. Jurisdiction Unit Category Date Income Deed Income Non Deed Non Deed Income Deed Income Non Moderate- Beds Created Due No TrackingID+ (SH - Student Housing) Restricted Deed Restricted Restricted Restricted Deed Income to Density Bonus Restricted Restricted Summary Row: Start Data Entry Below City Council 7 — 210 89 5/6/2025 Attachment B Jurisdiction Santa Ana ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10n5i2021-10nsi2029 Table K Tenant Preference Pal'cv Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their Internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials. Notes City Council 7 — 211 so 5/6/2025 Attachment B Jurisdiction Santa Ana Reporting Year 2024 AOLJan. 1 -Dec 31) ANNUAL ELEMENT PROGRESS REPORT Local Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) Please update the status of the proposed uses listed in the entity's application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. Total Award Amount $ 750,000.00 Total award amount is auto -populated based on amounts entered in rows 15-26. Task $ Amount Awarded $ Cumulative Reimbursement Requested ff Task Status Other Funding Notes Housing Element Update $148,565.75 $148,565.75 Completed Local General Zoning Code Update $570,505.45 $570,505.45 Completed Local General Overall Administration $30,928.80 $30,928.80 Completed Local General Summary of entitlements. buildina nermits. and certificates of occuoancv (auto -populated from Table A2) Completed Entitlement Issued by Affordability Summary Income Level Current Year Very Low Deed Restricted 0 Non -Deed Restricted 0 Low Deed Restricted 6 Non -Deed Restricted 0 Moderate Deed Restricted 10 Non -Deed Restricted 0 Above Moderate 3921 Total Units 3937 Building Permits Issued by Affordability Summary Income Level Current Year Very Low Deed Restricted 0 Non -Deed Restricted 48 Low Deed Restricted 8 Non -Deed Restricted 73 Moderate Deed Restricted 0 Non -Deed Restricted 65 Above Mnderate 6B Total Units 262 Certificate of Occupancy Issued by Affordability Summary Income Level Current Year Very Low Deed Restricted 248 Non -Deed Restricted 35 Low Deed Restricted 24 Non -Deed Restricted 60 Moderate Deed Restricted 0 Non -Deed Restricted 55 Ahnve Mnderate 53,Q Total Units 955 City Council 7 — 212 91 5/6/2025 Attachment C — Housing Successor Annual Report C-1 City Council 7 — 213 5/6/2025 Attachment C HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2023-2024 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of December 17, 2024. This Report sets forth certain details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during Fiscal Year 2023-2024 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund, as incorporated in the City of Santa Ana's Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2023-2024 (Fiscal Year) as prepared by CliftonLarsonAllen LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. HOU§Nt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 1 Attachment C V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. Vill. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Information is provided covering the period of July 1, 2019 — June 30, 2024. X. Senior Housing Test: This section provides the percentage of units of deed -restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2014 to December 31, 2023. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. XII. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that HOU§IKit AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 2 Attachment C protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to Section 33334.3(f). This Report is to be provided to the Housing Successor's governing body by December 31, 2024. The final audit opinion was presented at the December 3, 2024 City Council meeting. In addition, this Report and the former redevelopment agency's pre -dissolution Implementation Plans are to be made available to the public on the City's website (https1AAtww.santa- ana.org/successor-agency-oversight-board/ .) AMOUNT DEPOSITED INTO LMIHAF A total of $317,160 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. II. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $4,061,524 of which $0 is held for items listed on the ROPS. III. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: Monitoring & Administration Expenditures $ 225,653 Homeless Prevention and Rapid Rehousing Services Expenditures $0 Housing Development Expenditures ➢Expenditures on Moderate Income Units $0 ➢ Expenditures on Low Income Units $0 ➢ Expenditures on Very -Low Income Units $0 ➢ Expenditures on Extremely -Low Income Units $1,491,252 ➢ Total Housing Development Expenditures $0 Total LMIHAF Expenditures in Fiscal Year $ 1,716,905 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. HOIJ§IKit AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 3 Attachment C The following provides the statutory value of assets owned by the Housing Successor. V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VI. PROJECT DESCRIPTIONS The following is a description of project(s) for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS as well as the status of the project(s): N/A All former projects on the ROPS have been comaleted. VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. HOU§IKit AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 4 Attachment C The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period: Remnant parcels at Spurgeon & E. 22nd 10/30/2002 2/14/2018 St. 801, 809 & 809 % E. 7/29/2009 2/14/2018 Santa Ana Blvd. This remnant parcel has been included in Request for Proposals ("RFP") # 18-056 issued on July 2, 2018; RFP # 19-063 issued on July 3, 2019; RFP # 21-136 issued on December 8, 2021; and RFP # 23- 156 issued on October 19, 2023. All of the RFPs have been issued for the development of affordable housing on this parcel. There has been no award from RFP # 23-156 at this time. On December 7, 2021, the Housing Authority entered into a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County for the development of the FX Residences, a multifamily affordable housing project with 16 units for people experiencing homelessness. In October 2022, the developer closed on their construction loan financing and a groundbreaking ceremony was held in June 2023. Construction officially started in July 2023. The anticipated completion date of the project is December 2024. HOU§Nt AUTHORITY OF THE CITY OF SANTA ANA - FY 2023/24 Page 5 Attachment C On November 17, 2020, the Housing Authority entered into a 99-year Ground Lease for the development of two (2) affordable homeownership opportunities for moderate income families. In 826 N. Lacy 7/29/2009 2/14/2018 August 2022, Habitat held a groundbreaking ceremony and obtained all building permits to commence construction. The construction was completed in November 2023 and both homes have been sold to income qualified families. On July 25, 2022, the Housing Authority entered into a 65-year Ground Lease with Washington Santa Ana Housing Partners, L.P. for 1126 & 1146 the development of the Crossroads Washington 9/5/2007 2/14/2018 at Washington, a multifamily affordable housing project with 86 units for extremely low-income families. Construction is underway and the anticipated completion date of the project is in September 2024. The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: HOU§Nt AUTHORITY OF THE CITY OF SANTA ANA - FY 2023/24 Page 6 Attachment C Vill. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, the following replacement housing obligations were transferred to the Housing Successor: One (1) very -low income five -bedroom unit was removed in 2005. The replacement housing obligation transferred to the Housing Successor was fulfilled in a previous fiscal year with the WBBB project that accommodated a five -bedroom unit within the site. At the end of Fiscal Year 2022-2023, the Housing Successor has met all replacement housing obligations transferred from the former redevelopment agency. Inclusionary/Production Housing. According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at https://www.santa-ana.orq/successor- IX. EXTREMELY -LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely -Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely -Low Income requirement. This information below is for the period of July 1, 2019 — June 30, 2024: AMI FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 Totals 80% -120% $0 $0 $0 $0 $0 $0 50% - 80% $16,632 $0 $0 $0 $0 $16,632 30% - 50% $26,867 $0 $0 $0 $0 $26,867 0%-30% $43,499 $0 $0 $0 $1,491,252 $1,534,751 Totals $86,998 $0 $0 $0 $1,491,252 $1,578,250 % of Funds Expended on 30% or Less of AMI 50.00% 0.00% 0.00% 0.00% 100.00% 97.24% HOU§lKit AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 7 Attachment C X. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed -restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed -restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10 year period of January 1, 2014 to December 31, 2023: XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor's preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: HOU§IKit AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 8 Attachment C The LMIHAF does not have an Excess Surplus. (Refer to calculation below.) Fund Balance — June 30, 2023 Less Unavailable Amounts: Loans and notes Land held for resale Restricted cash and investments with fiscal agent Liabilities — Accounts payables & deposits Deferred inflows of revenues Project Commitments and Monitoring Available Low Income Housing Funds Limitation (Greater of $1,000,000 or Four Years Deposits): Aggregate amounts deposited for preceding four fiscal years 2020 — 2021 170,606 2021 — 2022 1,246,112 2022 —2023 483,734 2023 —2024 317,160 Total deposits for the preceding four fiscal years 2,217,612 Base limitation Greater Amount Computed Excess Surplus — June 30, 2024 1,000,000 XII. INVENTORY OF HOMEOWNERSHIP UNITS $26,737,288 (22,592,121) (75,000) (112,893) (2,882) (4,829) (735,964) 3,213,599 2,217,612 995,987 (A) As of June 30, 2024, there was a total of 54 homeownership units and 912 rental units subject to covenants or restrictions. Of this total, all 966 units had affordability restrictions. (B) During FY 2023-24, three (3) single family units were lost to the portfolio as the borrowers paid off the loans earlier than the original maturity date but two single family homes were added as a result of the sale of the two Habitat for Humanity homes. HOU§lKit AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 9 Attachment C (C) There were no funds returned to the Housing Successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the former Low and Moderate Income Housing Fund in FY 2022-23. (D) The Housing Authority of the City of Santa Ana has not contracted with any outside entity for the management of the units. HOU§Nt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 10 Public Works Agency www.santa-ana.org/pw Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Purchase of Fleet Vehicles for Multiple City Agencies AGENDA TITLE Purchase Order Contracts to Guaranty Chevrolet Motors, Inc. for Nine (9) Chevrolet Vehicles and Selman Chevrolet Company for Seven (7) Chevrolet Vehicles (Spec No. 25-017) (General Fund & Non -General Fund) RECOMMENDED ACTION 1. Authorize a purchase order to Guaranty Chevrolet Motors, Inc. for nine new 2025 Chevrolet Colorado Trucks, in an amount of $360,093, plus a contingency amount of $45,000, for a total amount not to exceed $405,093. 2. Authorize a purchase order to Selman Chevrolet Company for six new 2025 Chevrolet Equinox EVs, and one new or unused 2025 Chevrolet Traverse, in an amount of $299,229, plus a contingency amount of $35,000, for a total amount not to exceed $334,229. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency's (PWA) Parks, Fleet, Facilities, and Refuse Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services Section works collaboratively with various City departments, such as the Planning and Building Agency (PBA) and the Community Development Agency (CDA), to evaluate vehicle and equipment needs and facilitates their procurement. The Planning and Building Agency (PBA) has identified the need to replace 14 vehicles that are reaching the end of their term this fiscal year. The vehicles being replaced are currently leased. Transitioning from leased to owned vehicles provide the City long- term asset ownership, eliminates mileage restrictions, and avoids lease -related penalties for standard wear and tear. Replacement of these vehicles is essential for Building Inspectors to conduct daily field inspections of construction projects, ensuring compliance with local and state building codes. They also support Code Enforcement Officers in their enforcement and investigation of violations related to the State Health City Council 8-1 5/6/2025 Purchase of Chevrolet Vehicles for Multiple Agencies May 6, 2025 Page 2 and Safety Code, and General Property Maintenance and Building Codes. Staff recommends the purchase of five Chevrolet Equinox EVs for the Building Safety Division's Inspection Services, along with one Chevrolet Traverse and eight Chevrolet Colorado Trucks for the Code Enforcement Division. The Community Development Agency's (CDA) Rent Stabilization Division in need of a fleet vehicle for making housing inspections and transporting of supplies and equipment for community events. Staff currently relies on personal vehicles for city -related tasks, including community events and inspections of rental units. Staff recommends utilization of a Chevrolet Colorado for transport purposes and for housing inspection activities. The Public Works Agency's Refuse Enterprise Section oversees citywide trash and recycling, edible food recovery program, neighborhood cleanup program, and implementation of the City's waste hauler contract. Staff frequently conducts fieldwork such as inspections and investigations at residential, multifamily, commercial, industrial, and construction and demolition properties to ensure compliance with waste management regulations. To adequately support these efforts, staff recommends the purchase of one Chevrolet Equinox EV. This vehicle will enhance operational efficiency while aligning with the City's sustainability goals through continued fleet electrification. All vehicles will be added to the City's fleet inventory. The Invitation for Bids (IFB) No. 25-017 was issued on February 4, 2025 on the City's online bid management and publication system, PlanetBids. A summary of IFB vendor participation and results is as follows: 83 Vendors notified 9 Santa Ana vendors notified 14 Vendors downloaded the bid packet 2 Bids received 1 Bid received from Santa Ana vendor Bids were solicited, opened on March 4, 2025, and evaluated (Exhibit 1). Two bids were submitted by the IFB deadline and both were determined to be responsive to the specifications and met the City's requirements. Local Outreach Efforts The Purchasing Division advertised this project on PlanetBids, which directly notified nine Santa Ana vendors. Additionally, Purchasing staff performed supplemental outreach by personally contacting recommended local vendors by telephone and email to notify them of the bidding opportunity, provide registration instructions, and other general information about the bidding process. Fourteen vendors downloaded the IFB and submitted a bid for consideration. The bid submitted by Guaranty Chevrolet Motors was determined to be the lowest, responsible, and responsive to the City's specifications for the Chevrolet Colorado City Council 8-2 5/6/2025 Purchase of Chevrolet Vehicles for Multiple Agencies May 6, 2025 Page 3 Trucks (Exhibit 2). Thus, staff recommends the approval of the recommended action to Guaranty Chevrolet for nine new 2025 Chevrolet Colorado Trucks. Additionally, the bid submitted by Selman Chevrolet Company was also determined to be the lowest, responsible, and responsive to the City's specifications for the Chevrolet Traverse and Chevrolet Equinox EV's (Exhibits 3-4). In accordance with established Purchasing Policies and Procedures, staff recommends the approval of the recommended action to Selman Chevrolet Company for six Chevrolet Equinox EVs and one Chevrolet Traverse. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following accounts for Fiscal Year 2024-25: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description Refuse Refuse Collection 2024-25 06917640-66400 Collection Service, Machinery & $47,399 Service Equipment Planning & Building 2024-25 01116520-66400 General Fund Agency — Permit & Inspection Services, $204,059 Machinery & Equipment Air Quality Planning & Building 2024-25 03116510-66400 Improvement Agency -Air Quality $34,000 (AB 2766) Improvement, Machinery & Equipment Planning & Building 2024-25 01116540-66400 General Fund Agency — Community Preservation, Machinery $406,804 & Equipment 2024-25 18518700-66400 Rent Rent Stabilization, $47,060 Stabilization Machinery & Equipment TOTAL $739,322 EXHIBIT(S) 1. Bid Abstract 2. Sample Picture of Chevrolet Colorado 3. Sample Picture of Traverse 4. Sample Picture of Chevrolet Equinox EV City Council 8-3 5/6/2025 Purchase of Chevrolet Vehicles for Multiple Agencies May 6, 2025 Page 4 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 8-4 5/6/2025 Exhibit 1 ABSTRACT OF BIDS Chevrolet Vehicles (Bid No. 25-017) BIDDER LOCATION TOTAL Chevrolet Equinox EV Model (5 Vehicles) Guaranty Chevrolet Motors Inc Santa Ana, CA $ 243,961 Selman Chevrolet Company Orange, CA $ 213,059 Chevrolet Equinox EV Model (1 Vehicle) Guaranty Chevrolet Motors Inc Santa Ana, CA $ 48,792 Selman Chevrolet Company Orange, CA $ 42,399 Chevrolet Traverse Model (1 vehicle) Guaranty Chevrolet Motors Inc Santa Ana, CA $ 45,854 Selman Chevrolet Company Orange, CA $ 43,770 Chevrolet Colorado (1 vehicle) Guaranty Chevrolet Motors Inc Santa Ana, CA $ 42,059 Selman Chevrolet Company Orange, CA - Chevrolet Colorado (8 vehicles) Guaranty Chevrolet Motors Inc Santa Ana, CA $ 318,033 Selman Chevrolet Company Orange, CA $ 319,808 City Council 8-5 5/6/2025 EXHIBIT 2 City Council 8-6 5/6/2025 EXHIBIT 3 La L- Lr CIV - City Council w 5/6/2025 EXHIBIT 4 City Council 8-8 5/6/2025 Finance and Management Services www.santa-ana.org/finance Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Business License Tax and Fee Software Services AGENDA TITLE Agreement with Hinderliter, de Llamas and Associates ("HdL") for Business License Tax and Fee Software Services (Specification No. 23-165) (General Fund & Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Hinderliter, de Llamas and Associates ("HdL") to provide business license tax and fee software services in an amount not to exceed $1,557,525, for a five-year term beginning April 15, 2025 and expiring April 14, 2030, with provisions for one 2-year extension, followed by two 1-year extensions (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Treasury & Customer Services Division ("TCS") of the Finance and Management Services Agency ("FMSA") is responsible for the administration, collection, and review of the City's various business license taxes and fees. TCS currently oversees the following tax categories, which collectively account for approximately 17% of the City's General Fund revenue: • Non -Regulatory Business License Tax • Business License Tax For Cannabis Business • Hotel Visitors Tax • Utility Users Tax For Electric, Gas & Telecommunications Services • Tourism Marketing Districts All of the data and records associated to the above taxes (and related fees), in addition to the Proactive Rental Enforcement Program ("PREP"), are stored in the City's in-house legacy Business Tax System ("BTS"). This system began operating in 2007 and has supported TCS operations for many years. As technology advanced, it became necessary to update the system. City staff determined a full enhancement to the in-house system would be more costly and time-consuming than switching to an external sytem. As such, staff concluded that a search for an outside system would be the best path forward. City Council 9-1 5/6/2025 Business License Tax and Fee Software Services May 6, 2025 Page 2 The City issued Request for Proposals (RFP) No. 23-165 on November 6, 2023, on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 638 Vendors Notified 0 Santa Ana Vendors Notified 34 Vendors Downloaded the RFP Packet 4 Responsive Proposal Received 0 Proposals Received from Santa Ana Vendors The City solicited proposals, opened submittals on January 31, 2024, and subsequently evaluated the packets. Four (4) proposals were submitted by the RFP deadline, were determined to be responsive to the specifications, and met the City's requirements. An evaluation committee reviewed the responsive proposals and rated them according to the criteria listed in the RFP. Staff recommends awarding an agreement to the highest -ranked firm, Hinderliter, de Llamas and Associates ("HdL") (Exhibit 1). The proposal submitted by HdL was found to be the most responsive to the City's needs, offers the best value, and is appropriate for the services requested. HdL possesses strong qualifications, experience, and solid client references, along with a well -structured work plan that ensures a flexible and cost- effective taxation program. Furthermore, the City already secured an agreement with HdL for tax audit, analysis, forecasting, and reporting services. Integrating these services with the new business tax system will enhance the City's taxation efforts, streamline collections, and help secure all revenues owed to the City. Staff also recommends awarding the contract for a term of up to nine years to allow sufficient time for system implementation, user acceptance testing, and operational familiarity. This duration will help ensure the system fully meets the City's needs without compromising revenue collection efforts. The initial five-year term will focus on integrating the system with other programs, resolving technical issues, and identifying opportunities for process improvement. The optional extension period will support continued refinement and help establish stable, efficient workflows within the division's operations. Local Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified zero Santa Ana vendors. Zero vendors downloaded the RFP and submitted a bid for consideration. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 24-25 budget, including one-time funding for implementation services for the new software. Funding for subsequent fiscal years will be City Council 9-2 5/6/2025 Business License Tax and Fee Software Services May 6, 2025 Page 3 included in the proposed budgets for City Council consideration. The annual contract cost is expected to be offset by revenues as the integration of these services with the new business tax system enhances the City's taxation efforts and streamlines collections, which will increase collections due to improved efficiency and enhanced compliance. Fiscal Accounting Unit — Fund Accounting Unit, Amount Year Acct # Description Acct Description 2024-25 01110130-62300 General Fund Contract Services $300,000 Professional 2025-26 01110130-62300 General Fund Contact Services $256,450 Professional 2026-27 01110130-62300 General Fund Contract Services $138,575 Professional 2027-28 01110130-62300 General Fund Contract Services $138,575 Professional 2028-29 01110130-62300 General Fund Contract Services $138,575 Professional 2029-30* 01110130-62300 General Fund Contract Services $144,325 Professional 2030-31* 01110130-62300 General Fund Contact Services $144,325 Professional 2031-32* 01110130-62300 General Fund Contract Services $146,625 Professional 2032-33* 01110130-62300 General Fund Contract Services $150,075 Professional Grand Total: $1,557,525 *Denotes an extension year, not part of initial term EXHIBIT(S) 1. Consultant Agreement for HdL 2. RFP 23-165 Submitted By: Alexander Trinidad, Acting Executive Director, Finance and Management Services Agency Approved By: Alvaro Nunez, City Manager City Council 9-3 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 EXHIBIT 1 AGREEMENT FOR BUSINESS LICENSE TAX & FEE SOFTWARE PROGRAM SERVICES BETWEEN HINDERLITER DE LLAMAS & ASSOCIATES DBA HDL AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 15th day of April, 2025 by and between Hinderliter, de Llamas & Associates dba HdL ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITAIN A. The City issued a Request for Proposal No. 23-165 ("RFP") by which it sought to retain a consultant having special skill and knowledge in the field of business licensing, local taxation, and revenue generation software program services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,557,525. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to Page 1 of 18 420 City Council 9-4 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a five (5) year term with the option for the City to grant up to one 2-year extension followed by two 1-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. This does not include any software, programs, methodologies, or systems used in the creation of such Documents & Data, nor does it include any drafts, notes, or internal communications prepared by Contractor in the course of performing the Services that were not otherwise provided to City in either hardcopy or electronic form, all of which may be protected by Contractor or others' copyrights or other intellectual property. Page 2of18 420 City Council 9-5 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Certificate Holder must be addressed as follows: City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 3. Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Consultant. If not covered under the Consultant's liability policy, such "property" Page 3of18 420 City Council 9-6 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 coverage of the Agency may be endorsed onto the Consultant's Cyber Liability Policy as covered property as follows If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Additional Insured Status. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, policy, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISC Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage. For any claims related to this contract, Consultant's insurance coverage shall be primary coverage at least as broad as ISC CG 20 01 04 13 with respect to the City, it's City Council, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled except, with notice to the City. Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that maybe necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AXII, unless otherwise acceptable to City. Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: Page 4 of 18 420 City Council 9-7 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable Page 5of18 #20 City Council 9-8 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6of18 #20 City Council 9-9 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parry, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Page 7of18 420 City Council 9 — 10 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Page 8of18 420 City Council 9 —11 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 Executive Director, Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Richard Andrew Nickerson Chief Executive Officer Hinderliter, De Llamas & Associates 120 S. State College Boulevard, Suite 200 Brea, CA 92821 Fax: (714) 845-7364 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 9of18 420 City Council 9 — 12 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By 14 '�" a �' , , - Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: Ne d,Trinidad(Apr3,20250832 PDT) Alexander Trinidad Acting Executive Director Finance & Management Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: LSigned by: bs�m Vows 65A507F31EBF4E7... Name: Title: Page 10 of 18 #20 City Council 9 — 13 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 EXHIBIT A SCOPE OF WORK LOCAL TAX SOFTWARE SOLUTION This Agreement sets forth the terms and conditions under which Hinderliter, de Llamas & Associates dba HdL (hereinafter referred to as "Consultant") agrees to license to the City of Santa Ana certain hosted business license tax software and provide all other services necessary for productive use of such software including customization / integration, user identification and password change management, data import / export, monitoring, technical support, maintenance, offsite or onsite training, backup and recovery, and change management (collectively, the "Services") as further set forth and described in this Exhibit. 1. Services 1.1. Authorized Users — Consultant grants City a renewable, irrevocable, nonexclusive, royalty -free, and worldwide right and license for any City employee, contractor, or agent, or any other individual or entity authorized by City, (each, an "Authorized User") to access and use the Services. Other than any limitations otherwise described herein, Authorized Users will have no other limitations on their access to or use of the Services. 1.2. Acknowledgement of License Grant —For the purposes of 11 U.S.C. § 365(n), the parties acknowledge and agree that this Agreement constitutes a grant of a license to City to use intellectual property in software form, by Consultant. 1.3. Changes in Number of Authorized Users — City is entitled to increase or decrease the initial number of Authorized Users ("Minimum Commitment"), on an as -requested basis; provided, however, that City shall maintain the Minimum Commitment of ten (10) users unless the parties otherwise agree to adjust the Minimum Commitment. Should City elect to change the number of Authorized Users, Consultant shall reduce or increase Authorized Users specified in this Exhibit and adjust the prospective Services Fees accordingly no later than five (5) business days from City's written request. 1.4. Control and Location of Services — The method and means of providing the Services shall be under the exclusive control, management, and supervision of Consultant, giving due consideration to the requests of City. Cloud based storage shall be used for the purposes of this Agreement. All permitted cloud storage shall comply with ISO/IEC 27001 - 27799 as applicable, or successor standards thereto. Except as otherwise expressly set forth in this Exhibit, the Services (including all data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein, and all such locations shall be disclosed to City annually and within thirty (30) days of the effective date of this Agreement. 1.4. 1. Subcontractors — Consultant shall not enter into any subcontracts for the performance of the Services, or assign or transfer any of its rights or obligations under this Agreement, without City's prior written consent and any attempt to do so shall be void and without further effect and shall be a material breach of this Agreement. Consultant's use of subcontractors shall not relieve Consultant of any of its duties or obligations under this Agreement. 1.5. Changes in Functionality — During the term of this Agreement, Consultant shall not reduce or eliminate functionality in the Services. Where Consultant has reduced or 1211802.2 Page ll of 20 City Council 9 — 14 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 eliminated functionality in the Services, City, at City's sole election and in City's sole determination, shall: (a) have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement and be entitled to a return of any prepaid fees; or, (b) determine the value of the reduced or eliminated functionality and Consultant will immediately adjust the Services Fees accordingly on a prospective basis. Where Consultant has introduced like functionality in other services, City shall have an additional license and subscription right to use and access the new services, at no additional charge, with the same rights, obligations, and limitations as for the Services. Where Consultant increases functionality in the Services, such functionality shall be provided to City without any increase in the Services Fees unless expressly permitted as defined in Exhibit B (Pricing and Fees) Section 1.2 (Software Upgrades and Enhancements). 1.6. No Effect of Click -Through Terms and Conditions — Where an Authorized User is required to "click through" or otherwise accept or be made subject to any online terms and conditions in accessing or using the Services, such terms and conditions are not binding and shall have no force or effect as to the Services or this Agreement unless separately agreed to in writing by the City. 1.7. Compliance with All Laws — In providing the Services, Consultant shall comply with any and all applicable local, State and federal laws, statutes, standards, policies, and regulations including, but not limited to, the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Section 2701, et seq., Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq. 2. Software Implementation 2.1. Development and Test Environments — In addition to production use of the Services, City is entitled to one development / test environment for use by Authorized Users at no additional charge during initial implementation of Services. Such non -production environments shall have the same data storage and processing capacities as the production environment. The test environment may be revived on an as -needed basis for major upgrades or modifications to the Services at the City's request at an additional cost. Consultant shall cooperate with City's requests in managing the non -production environments such as refreshing City Data upon request. The City shall be responsible for providing final approval to confirm the completion of User Acceptance Testing during initial implementation, major upgrades, and modifications to the Services. 2.2. Consultant's responsibilities 2.2.1.Project Manager - Consultant will provide a project manager (PM) to guide the software implementation process. The primary responsibility for the Consultant PM is to ensure successful and timely completion of each step of the software implementation schedule. The Consultant PM will work closely with the City's designated project manager to define the software implementation schedule, identify City needs and configure the software accordingly, validate the data conversion, and provide user training. 2.2.2.IT Support - Consultant will provide a dedicated IT staff member to provide IT support during the software implementation process. 2.2.3.Management Support - Consultant will assist the City in evaluating current policies and procedures in order to enhance operational efficiency. This may include 1211802.2 Page 12 of 20 City Council 9 — 15 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 suggestions to redesign forms/reports, implement new processes, or adopt new strategies for improving communication with the business community and other City departments. 2.2.4.Training - Consultant will provide software training for City users as defined in the fees schedule. The timing, size, content, and participants of each training session will be determined by the Consultant's and City's PMs. 2.3. City's responsibilities 2.3.1.Project Manager - City will designate a staff member to serve as the City's project manager (PM). This individual must be intimately involved in the daily business processes, which the software will automate, and be empowered to make, or quickly secure from management, decisions required for the configuration and implementation of the software. The primary responsibility for the City PM is to ensure that all City responsibilities during the software implementation process are met according to the agreed upon software implementation schedule. The City PM will be instrumental in the successful implementation of the software; working closely with the Consultant PM to verify data conversion, review and approve reports, establish business rules, and confirm configuration and behavior of the software. 2.3.2.IT support - City will designate an IT staff member to work with Consultant staff throughout the software implementation process. This individual must be knowledgeable about the City's computing environment and be authorized to access any equipment or services required for proper access to and operation of the software. 2.4. Data Conversion - Consultant will convert the City's existing data as provided by City. City agrees to provide its current data in a format agreed upon by Consultant and City. Acceptable formats include Microsoft SQL Server backup file, Excel, Access, and ASCII delimited text file. City will provide all available documentation to assist with identifying the contents of the data files, including but not limited to file layout documentation, database schema, and screenshots from at least five (5) sample accounts. City will provide the data a minimum of two times during the conversion process. City understands that the second (and any subsequent) data must be provided in the same format and layout as the first data set. Any inconsistencies between the first and final data sets will result in a delayed installation date and additional charges for conversion. 2.5. Schedule — The timeline for software implementation (including "Go Live") will be collaboratively determined by Consultant's and City's designated Project Managers, and will start upon receipt of all discovery materials. 3. Deliverables — Consultant will provide implementation and maintenance services for a comprehensive business license tax system, capable of integrating with existing programs or providing compatible data exports. 3.1. Phase I Deliverables — Anticipated completion and "Go Live" within twelve (12) months following the execution of this agreement. 3. 1. 1. Transfer of all required data, as defined by the City, into the Consultant's system and vetted by City to display correctly 3.1.2. Single Sign -On Functionality (contingent upon satisfactory security clearances as approved by the City) 3.1.3.Configuration of Outbound electronic communications 1211802.2 Page 13 of 20 City Council 9 — 16 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 4. E 3.1.4.Configuration of two custom management Reconciliation Reports including but not limited to Monthly Activity Reports. The General Ledger Summary and Detail will be provided as one of many standard reports that we offer with our software system. 3.1.5.Configuration of Daily Data Exchange to Identify payments that were submitted through Consultant's online service portal and through City's service centers 3.1.6.Integration with the City Cashiering, Pay, and ERP systems to report cash receipt and GL data. 3.1.7.Integration with City's Hosted Payment Processor for Online Customer Portal 3.1.8.Establishment of a process capable of exporting records for use by collection agencies 3.2. Phase 2 Deliverables — Anticipated completion within eighteen (18) months, or as otherwise mutually agreed to, following the completion of Phase 1. 3.2.1.Integration with the City's Land Management System (LMS) and GIS Functions 3.2.2.Migration of Proactive Rental Enforcement Program (PREP) to City's LMS 3.2.3. Integration with City's future Enterprise Resource Planning (ERP) system 3.3. Commercial Registry (Optional) — Upon City Council adoption of an authorizing ordinance, the City may initiate a Commercial Registry through the Consultant's system that segregates registry data from tax and licensing records. This Registry, if authorized, will not be permitted to share information, records, data, or other elements otherwise restricted by the City's Municipal Code or other governing statutes for the purposes of confidentiality. The City retains the right to add or subsequently remove this Registry without affecting the services associated to the tax and licensing system. Software Hosting Services — Consultant's hosting services offload the majority of IT concerns to Consultant's hosting team; including system monitoring, system upgrades, hardware and software maintenance, database management, and disaster recovery. City will be responsible for maintaining its workstations and a reliable internet connection to access a City specific sub - domain on Consultant's special purpose hdlgov.com domain. Consultant will be responsible for ensuring the ongoing operation of the designated service domain and the ability for the public to access the domain without interruption. Software Support 5.1. City Support - Consultant will provide City's users no charge support by telephone, email and the web during the term of this Agreement. In the United States support is available as follows: For customer support between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email supportghdlcompanies.com or call (909) 861-4335 and ask for software support. For urgent off hours support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email 911@hdlcompanies.com and Consultant's on call support personnel will be notified. Please only include name, agency and contact 9 in emails to 911 (ghdlcompanies. com. Requests will be contacted as soon as possible. 5. 1. 1. Maintenance — Consultant shall provide bug fixes, corrections, modifications, enhancements, upgrades, and new releases to the Services to ensure: (a) the functionality of the Services, as described in this Agreement, is available to Authorized Users; (b) the functionality of the Services in accordance with the representations and warranties set forth herein, including but not limited to, the Services conforming in all material respects to the specifications, functions, descriptions, standards, and criteria set forth in this Agreement; (c) the Service Level Standards can be achieved; and, (d) the Services work with the then -current version 1211802.2 Page 14 of 20 City Council 9 — 17 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 and the three prior versions of Internet Explorer, Edge, Mozilla Firefox, Safari, and Google Chrome Internet browsers. The Services Fees shall be inclusive of the fees for maintenance. 5.1.2.Required Notice of Maintenance — Unless as otherwise agreed to by City on a case - by -case basis, Consultant shall provide no less than thirty (30) calendar day's prior written notice to City of all non -emergency maintenance to be performed on the Services, such written notice including a detailed description of all maintenance to be performed. For emergency maintenance, Consultant shall provide as much prior notice as commercially practicable to City and shall provide a detailed description of all maintenance performed no greater than one (1) calendar day following the implementation of the emergency maintenance. 5.1.3.Acceptance of Non -Emergency Maintenance — Unless as otherwise agreed to by City on a case -by -case basis, for non -emergency maintenance, and assuming City has opted into consultant full test environment option, City shall have a five (5) business day period to test any maintenance changes prior to Consultant introducing such maintenance changes into production (the "Maintenance Acceptance Period"). In the event that City rejects, for good cause, any maintenance changes during the Maintenance Acceptance Period, Consultant shall not introduce such rejected maintenance changes into production. At the end of the Maintenance Acceptance Period, if City has not rejected the maintenance changes, the maintenance changes shall be deemed to be accepted by City and Consultant shall be entitled to introduce the maintenance changes into production. 5.2. Service Levels — In the event that City encounters an error and/or malfunction whereby the software does not conform to expected behavior in accordance with the software design, the City will assign one of the following severity levels for the Consultant to render support services in a timely manner consistent with the urgency of the situation. 5.2. 1. Severity Level 1— a critical problem has been encountered such that the software is deemed inoperable and without a reasonable workaround. Consultant will respond within one (1) business hour to diagnose the problem. A response is defined as an email or call to the City's designated support contact. Consultant and City will work diligently and continuously to correct the problem within four (4) hours. 5.2.2.Severity Level 2 — a problem arose that does not prevent use of the software, but the software is not operating correctly. Consultant will diagnose the problem within 24 hours and advise City of any available temporary solution within two (2) business days. Upon Consultant's confirmation that the software is not operating correctly, Consultant will provide a software update to repair the defect and confirm with City that the update resolved the issue. 5.2.3.Severity Level 3 — a minor problem arose whereas the software is usable but could be improved by correction of a defect or addition of a usability enhancement. Consultant will assess the request within fifteen (15) business days and schedule a software update for a future release, advise the City that the request will not be implemented, or offer the option of implementing the request as a custom software enhancement at an additional cost. 5.2.4.Notification to City — In the event that the Consultant identifies an error or problem, notification will be sent to the City within one (1) business hour from the point of discovery advising the City of the Severity Level and workarounds if necessary. 1211802.2 Page 15 of 20 City Council 9 — 18 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 5.3. Service Level Standards — For the term of this Agreement, Consultant shall provide the Services, force majeure events excepted, during the applicable Service Periods and in accordance with the applicable Service Levels, each as described in Section 5.2 (Service Levels) of this Exhibit. Time is of the essence in the performance of the Services. 5.4. Failure to Meet Service Level Standards — In the event Consultant does not meet a Service Level Standard, Consultant shall: (a) owe to City any applicable Performance Credit, as liquidated damages and not as a penalty; and, (b) use its best efforts to ensure that any unmet Service Level Standard is subsequently met. Notwithstanding the foregoing, Consultant will use its best efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. In no case shall City be required to notify Consultant that a Performance Credit is due as a condition of payment of the same. 5.4.1.Performance Credit — Where Percentage Response Time is greater than 95.00%, no Performance Credit will be due to City. Where Percentage Response Time is equal to or less than 95.00%, City shall be due a Performance Credit in the amount of 1 % of the Services Fees (as calculated on a monthly basis for the reporting month) for each full 1 % reduction in Percentage Response Time. 5.4.2.Termination for Material and Repeated Failures — City shall have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement, and be entitled to a return of any prepaid fees where Consultant fails to meet any Service Level Standard: (a) to such an extent that the City's ability, as solely determined by City, to use the Services is materially disrupted, force majeure events excepted; or, (b) for four (4) months out of any twelve (12) month period. 5.5. Support Policy Regarding Reports - Consultant will assist with modifications to reports as needed during the term of this agreement. Typical report modifications require 7 to 10 business days to complete. Complex reports or reports required in a very short time frame may incur development costs, in which case an estimate will be provided for approval before the work is begun. 5.6. Software Upgrades and Enhancements — City is entitled to upgrades of the software within the terms of this Agreement that include enhancements to workflows and security features that improve the functionality of the system. Upgrades of the software that encompass wholly new modules or features not previously offered as part of the implementation of software may incur additional costs depending on the extent of the upgrade. Potential additional costs include training, consulting, configuration, or other requested services. Enhancements requested by the City to strengthen security of the system will not incur additional costs; however, all other requests will abide by the terms outlined in Exhibit B (Pricing and Fees) Section 1.3 (Customizing Services). 5.7. Additional Work or Services — City shall have the right at any time during the performance of the work or services set forth in this Agreement, without invalidating said Agreement or any amendment thereto, to elect to exercise any existing option specified in the Scope of Services for extra work or services or to order extra work or services pursuant to a duly executed Change Order or to expend previously authorized contingent funds to cover expenses for work or services agreed to by the Parties but exceeding the amounts initially specified under the Pricing and Fees provisions of this Agreement or thereby make changes by altering, adding to, or deducting from said work or services. 1211802.2 Page 16 of 20 City Council 9 — 19 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 5.7.1.Change Order — No extra work or services as set forth in the above subsection may be undertaken unless a written "Change Order" is first given by the City to Consultant, incorporating therein any material adjustment in the contract and/or the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. 5.8. Out of Scope Support — City agrees to pay additional hourly fees according to Consultant's stated hourly rates if the City desires Consultant's assistance for matters that are not associated to defects in Consultant's software. 6. Online Payment Processing 6.1. Modified Payment Processing Solution — Consultant's software will direct online payments to the City's PCI compliant payment processing services, supporting both credit card and eCheck transactions. Processing fees that may be incurred through this model will be added to the recurring costs billed to the City. Through this modified processing solution, the City retains the full right, power and authority to request, receive and review any data or records reflected in a transaction report. Any information captured through this modified processing solution is declared sensitive and confidential and may only be reviewed by the City or the Consultant if authorized by the City. 1211802.2 Page 17 of 20 City Council 9 — 20 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 EXHIBIT B PRICING & FEES 1. Software Services 1.1. One Time Costs Item Price Comments System configuration $33,000.00 Installation, report design, system configuration Finance Export Included Daily journal entry file export to finances stem Implementation $35,000.00 Implementation project management Data Conversion $28,000.00 Prime Cloud API access $16, 800.00 Phase I Customizations $120,520.00 Covers contract items 3.1.4 - 3.1.8 Phase 2 Customizations $82,500.00 Covers contract items 3.2.1 - 3.3 Training 2 days Included Additional days available at $2,000/da TOTAL $315,820.00 Total one-time costs 1.1.1.Data Conversion — Fee includes two (2) conversions of City data. The first for the pre -install environment used for testing and training, and the second at go -live. Additional conversions can be performed, upon request, at a cost of $5,000 per conversion. Includes up to 30 hours of developer time. Unusually complex conversions or poor data quality may require additional effort beyond the 30 hours, which will be charged at the developer hourly rate. 1.2. Software Upgrades and Enhancements — City is entitled to upgrades of the software within the terms of this Agreement that include enhancements to workflows and security features that improve the functionality of the system. Upgrades of the software that encompass wholly new modules or features not previously offered as part of the implementation of software may incur additional costs depending on the extent of the upgrade. Potential additional costs include training, consulting, configuration, or other requested services. Enhancements requested by the City to strengthen security of the system will not incur additional costs; however, all other requests will abide by the terms outlined in Section 1.3 Customizing Services 1.3. Customizing Services — Consultant's software is a customizable off the shelf system (COTS) designed to meet all common needs of local governments. Should the need occur, Consultant may provide custom enhancements to the software on a time and material 1211802.2 Page 18 of 20 City Council 9 — 21 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 basis. No work shall be performed without prior written approval of Consultant and City. Consultant's current hourly rates are as follows: • Principal - $325 / hr • Programmer - $295 / hr • Senior Analyst - $245 / hr • Analyst - $195 / hr 1.4. Recurring Costs Software Subscription Fee $85,500 Due at Prime core system "Go Live 1'term, years I through 5 annually and annually thereafter Software Subscription Fee $90,500 2nd term, years 6 and 7 annually Software Subscription Fee $92,500 3rd term, year 8 annually Software Subscription Fee $95,500 4`h term, year 9 annually OPTIONAL COSTS Unlicensed business lead $75,000 Cost increases by 4% annually service option I Lead annually Generation Service Unlicensed business lead 35% of Applies to all current and back taxes service option 2 Compliance recovered revenue and penalties collected. There is no Service fee on future revenue from discovered accounts. At City's option, the City portion of recovered revenue can be used to pay for all one-time software ees AND custom integration costs. Test Environment $18,000 anuall Commercial Registry $10,000 (one-time) $5 000(annuallyl 1.4. 1. Software Subscription Fee — Software Use Fee is billed annually, and provides for use of the software by the specified number of licensed users (ten edit -level users included), software hosting services, customer support, and updates to the software. The Subscription Fee includes an unlimited number of read-only users and workflow users who do not need access to the primary system. Additional edit -level user licenses are available as follows: • $2,000 fee peruser if more than 10 edit -level users, no maximum established 2. Pricing & Fee Adjustments — Fees not defined in Section 1 Software Services may be increased once every fiscal year (as defined by the City, the period running from July 1st through June 30th the following year) with reference to the 12-month percent change in the 1211802.2 Page 19 of 20 City Council 9 — 22 5/6/2025 Docusign Envelope ID: 69F3BA28-FBFA-4209-91 BO-400342F73326 most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported the U.S. Bureau of Labor Statistics (the "CPI Change"). Each annual increase in the fees will be equal to the greater of two percent (2%) or the actual CPI Change, but in no event may exceed an increase of five percent (5%). Consultant will notify the City no less than sixty (60) days before an adjustment in pricing is to occur. 3. Payment Processing — Consultant's software will direct online payments to the City's PCI compliant payment processing services, supporting both credit card and eCheck transactions. All processing costs would be between the payment processor and the City. 4. Travel Expenses — Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings that are beyond the scope of this agreement. Therefore, such costs must be pre - approved by the City. 5. Payment Schedule 5.1. Software Implementation Fees - All one-time project costs for implementing the software service shall be paid as follows: 5.1.1.25% shall be due within 45 days of the effective date of the Agreement. 5.1.2.25% shall be due within 45 days of delivery of a configured test environment. 5.1.3.25% shall be due within 45 days of initial training of City staff. 5.1.4.Final 25% shall be due 45 days after full system delivery or first production use of the software, whichever comes first. 5.2. Recurring Software Use Fees — The first year software use fee is due 45 days after "Go Live", which is full system delivery or first production use of the software, whichever comes first. Software use fees for subsequent years will be billed on the anniversary date of "Go Live". 5.3. Custom work that was not already identified within the initial agreement will be billed 50% upon City approval of Change Order, and the remaining 50% upon delivery of the work product. Custom work must still remain within the original agreement's Scope of Service. 5.4. Compliance service contingency fees are billed in the month following collection of revenue. 5.5. Any travel and lodging expenses are billed at cost as they are incurred. Such expenses shall be due within 45 days of the billing date. 1211802.2 Page 20 of 20 City Council 9 — 23 5/6/2025 Agreement with HdL for Business License Tax Fee Software - revised - CAO signed 4-1-25(2036192.1).p Final Audit Report 2025-04-03 Created: 2025-04-02 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAiOiEbvf7 8CvHom9rifmPnxCZZS6s8vK "Agreement with HdL for Business License Tax Fee Software - r evised - CAO signed 4-1-25(2036192.1).p" History &0 Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com) 2025-04-01 - 9:21:14 PM GMT ! Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-04-02 - 9:31:37 PM GMT �a Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature 2025-04-02 - 9:32:05 PM GMT Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-04-03 - 3:21:37 PM GMT Goo Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-04-03 - 3:22:30 PM GMT - Time Source: server ri Agreement completed. 2025-04-03 - 3:22:30 PM GMT Q Ado i y ounce . a 9 — 24 5/6/2025 EXHIBIT 2 REQUEST FOR PROPOSALS NO. 23-165 FOR BUSINESS LICENSE TAX & FEE SOFTWARE PROGRAM CITY OF SANTA ANA KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Monday, November 6, 2023 Mandatory Pre -Proposal Meeting: Thursday, January 11, 2024; 2:00 P.M. Deadline for Questions: Monday, January 15, 2024; 4:00 P.M. Proposal Due Date: Wednesday, January 31, 2024; 4:00 P.M. City Council 9 — 25 5/6/2025 w "1 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND...........................................................................................................................3 II. MANDATORY/OPTIONAL PRE -PROPOSAL MEETING.............................................................4 III. OVERVIEW OF PROJECT..........................................................................................................5 IV. SCOPE OF SERVICES...............................................................................................................6 V. TERM OF AGREEMENT............................................................................................................. 6 VI. MINIMUM QUALIFICATIONS......................................................................................................6 VII. RESPONSE TO RFP.................................................................................................................. 6 VIII. CERTIFICATIONS (ATTACHMENTS)....................................................................................... 10 IX. REFERENCES..........................................................................................................................11 X. MINIMUM SCOPE AND LIMIT OF INSURANCE....................................................................... 11 XI. SELECTION PROCEDURES & CRITERIA............................................................................... 14 XII. WITHDRAWALS........................................................................................................................15 XIII. GENERAL TERMS AND CONDITIONS.................................................................................... 15 XIV. AWARD OF AGREEMENT........................................................................................................ 20 XV. IMPLEMENTATION................................................................................................................... 20 EXHIBITS Exhibits provided herein for Proposers' reference only. EXHIBIT I — SCOPE OF SERVICES EXHIBIT II — SAMPLE AGREEMENT EXHIBIT III — CITY OF SANTA ANA GENERAL BUSINESS LICENSE TAXATION OVERIEW EXHIBIT IV — CITY OF SANTA ANA MEDICAL MARIJUANA AND COMMERCIAL CANNABIS BUSINESS LICENSE TAXATION OVERIEW EXHIBIT V — CITY OF SANTA ANA GENERAL UTILITY USERS' TAXATION OVERIEW EXHIBIT VI —CITY OF SANTA ANA GENERAL HOTEL VISITORS' TAXATION OVERIEW EXHIBIT VII —CITY OF SANTA ANA GENERAL TOURISM MARKETING DISTRICT OVERIEW EXHIBIT VIII — CITY OF SANTA ANA PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) EXHIBIT IX — SANTA ANA MUNICIPAL CODE — CHAPTER 21 LICENSES EXHIBIT X — SANTA ANA MUNICIPAL CODE — CHAPTER 35 TAXATION, ARTICLE 5 HOTEL VISITORS' TAX AND ARTICLE 6 UTILITY USERS TAX CODE ATTACHMENTS A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER'S STATEMENT D NON -COLLUSION AFFIDAVIT E NON -LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION G PROPOSERS' QUESTIONNAIRE City Council 9 — 26 5/6/2025 (9) I. BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse population of approximately 335,000. The City's eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $764.2 million, including the General Fund budget of $414 million. The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California. Treasury & Customer Service Division: The Finance & Management Services Agency, Treasury & Customer Service Division ("Division"), is responsible for overseeing and providing revenue collection for a variety of City revenues, including but not limited to taxes, charges, fees, fines, deposits and reimbursements. In support of this mission, the Division uses a mix of internal staff, in-house custom software, external consultants/vendors to ensure that the City recovers all revenues that are due, including but not limited to: business license taxes, medicinal and commercial cannabis taxes, utility users' taxes, hotel visitors' taxes, tourism marketing district assessments, business improvement district charges, and proactive rental enforcement program ("PREP") charges. These revenue programs are performed within the Division's Tax & Licensing Section ("Tax & Licensing"). Tax & Licensing Program: In FY 2022-23, as part of the Tax & Licensing Program, the City averaged over 30,200 active business licenses annually and collected over $16,289,000 in general business license tax revenue, while at the same time averaging 99 medicinal and commercial cannabis business licenses annually with combined medical marijuana and commercial cannabis business license tax revenues of $22,280,000. A total of approximately $38 million annually in combined business license tax revenues, was fully processed utilizing the City's legacy business license tax software (Business Tax System or "BTS"), an internally developed and supported Active Server Pages (ASP.NET) application. As an adjunct to the Tax & Licensing Program, BTS also supports the Planning & Building Agency's PREP charges, averaging 7,250 accounts and generating approximately $860,000 annually. This is currently accommodated via a BTS module handling PREP Customer Service Information and PREP Charge Fee billing. This module is scheduled for integration with the City's incoming Land Management System (LMS), Clariti. Lastly, in prior years, the BTS had an integrated Downtown Business Improvement District ("BID"), which functioned as a surtax charge and was subject to the general requirements of the Business License Tax Code and BTS software. Presently, the City does not have an active BID, but software procured through this RFP should be able to support such an element if it returns in the future. In addition to business license taxes, the Tax & Licensing Section receives monthly "trust tax" filings from 351 Utility Users' Tax (UUT) service providers generating revenues of $28,543,740 annually; plus 34 Hotel Visitors' Tax (HVT) hotel/motel operators generating revenues of City PiNPPAPIgil RFP No. 23-pba 27 *96W)�§ 196 (9) $10,477,648 annually; added together with 17 Tourism Marketing District (TMD) hotel/motel accounts generating assessments of $1,758,004,000 annually. These filings are supported via a corresponding set of in-house developed legacy solutions written as ASP.NET applications. Business License Tax Program Changes: The City's Business License Tax Program is anticipated to undergo significant changes to the underlying Business License Tax Code, last comprehensively revised in 1987, and supplemented generally in the intervening years by a variety of ordinance amendments and two specifically cannabis related Voter Ballot Measures in 2014 (medical marijuana) and 2018 (commercial cannabis). In addition, a third Voter Ballot Measure (Measure W) was recently approved by Santa Ana voters and became effective in January 2023. The measure accomplishes the following: Restructure non -cannabis business license tax rates and charges, with the aim to achieve an overall net revenue neutral result; 2. Implement a broad Tax Holiday Program for unlicensed, past due, and under - assessed businesses (effective 18-month duration); and 3. Align with closely associated existing provisions of the City's Business License Tax Code, Santa Ana Municipal Code (SAMC) Chapter 21. For more information on Santa Ana's Measure W, please visit (https://www.santa- ana.org/business-tax-equity-and-flexible-tax-holiday-ballot-measure/) II. MANDATORY PRE -PROPOSAL MEETING A mandatory virtual pre -proposal meeting will be held on the date and time specified on the cover page of this RFP. Failure to attend this meeting shall result in your firm being disqualified from proposing. Registration Link https:Hzoom.us/meeting/register/tJMkduivrDkvH9UIUgNLtLGM2Du2PdICTylz Meeting Link: https://zoom.us/o/97911722551 Meeting ID: 979 1172 2551 One tap mobile +16699006833„97911722551# US(San Jose) 16694449171„97911722551# US Dial by your location • +1 669 900 6833 US (San Jose) • +1 669 444 9171 US • +1 253 215 8782 US (Tacoma) • +1 346 248 7799 US (Houston) • +1 719 359 4580 US • +1 253 205 0468 US • +1 507 473 4847 US • +1 564 217 2000 US City PiNaPPAKil RFP No. 23-pba 28 *@�;` 196 (9) • +1 646 9313860 US • +1 689 278 1000 US • +1929 205 6099 US (New York) • +1 301 715 8592 US (Washington DC) • +1 305 224 1968 US • +1 309 205 3325 US • +1 312 626 6799 US (Chicago) • +1 360 209 5623 US • +1 386 347 5053 US Meeting ID: 979 1172 2551 Find your local number: https://zoom.us/u/adu4z4lD4W For virtual meetings sign in will be required with your name and company in the "Chat" box. Please make sure you are available to do so if signing on to the meeting through your phone or in the field. III. OVERVIEW OF PROJECT — SUMMARY REQUIREMENTS The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide the Finance & Management Services Agency - Treasury & Customer Service Division with a solution, implementation and maintenance services for a comprehensive business license software platform system, capable of integrating with existing programs. The term "Vendor", "Proposer", and "Contractor" shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). Proposers must have extensive experience in providing web -based Business Licensing Tax Software/Platforms. The objective of this RFP is to identify: A robust and user-friendly web -based software system with a strong outward facing customer e-commerce front end platform that will meet the City's current and future needs associated with issuing, managing, and renewing business licenses and related modules/programs; 2. A software platform that can effectively handle a variety of pre -licensing activities relating to identified unlicensed businesses and track correspondence/contacts with such businesses through to licensure and receipt of revenues; 3. A software program that can generate various business license and related statistical and revenue reports, on a scheduled monthly, weekly, daily, and "on -demand" basis for administrative and collection purposes; and 4. A software platform that can be aligned/integrated with the City's Europay, MasterCard, and Visa (EMV) Chip and PIN Payment Card Industry Data Security Standard (PCI-DSS) payment compliant system. City PiNPPAP19il RFP No. 23-pba 29 *§6VV,§ 196 (9) The current system used by the City is a custom -developed application created in the early 2000's and is stored within the City's internal servers. The City's intent is to acquire a configurable, off -the -shelf software platform provided, supported, and maintained by the Proposer. IV. SCOPE OF SERVICES SEE EXHIBIT I — SCOPE OF SERVICES Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. V. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of five (5) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for three (3) additional periods, the first for two (2) years, followed by two one (1) year optional extensions, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed nine (9) years. VI. MINIMUM QUALIFICATIONS Proposers must have a minimum of five (5) years' experience providing similar services to other government agencies, preferably of similar size to the City of Santa Ana. Proposers must have successfully implemented similar solutions with at least two (2) other municipalities in the most recent past five (5) years. Proposers must have implemented a similar solution in at least one other government agency in California, regardless of the size of the agency. VII. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- City PiNaPPAVIgil RFP No. 23-%-6 30 *96e6Q§ 196 (9) 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanVID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. General process questions may be directed to the following: Jacques Lam Buyer Email: JLam@santa-ana.org D. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. City may reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's City PiNaPPAVIgil RFP No. 23-PO-5 31 � eat 196 (9) PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City's required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Alejandra Gutierrez, City Project Manager City of Santa Ana — Finance & Management Agency 20 Civic Center Plaza, First Floor Ross Annex (M-15) Santa Ana, CA 92702-1964 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City's Finance & Management Services Agency as described in Section III — Scope City PiNPPAVIgil RFP No. 23-PO-5 32 *96e?§ 196 (9) of Services (Above). c. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II — Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: A general description of the firm, including size and number of employees working directly with the City on this agreement. ii. Firm's nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. V. Provide work samples, links, and/or screenshots of similar solutions Proposer has successfully implemented at two other similar municipal agencies. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers': i. Provide a detailed description of the Work plan, Approach, and Timeline that you propose using to meet the objectives described in the Scope of Work.; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Describe the process to be used and the deliverables to be produced iv. Describe the staffing and time frames involved in performing each element of the Scope of Work. Specify the level of involvement, specific tasks, and estimated hours you will require from the City (or end -users). f. References: Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal a. Provide a total Project Cost for the Work Plan and Timeline referenced in Section 1.e (Proposed Work Plan). For each primary element or milestone of the Work Plan, detail the staff required, their hourly rate, and estimated hours Proposer shall not include rate ranges or averages. City PiNaPPAKil RFP No. 23-pba 33 � e 196 (9) b. Annual fee — must include all hosting options available, such as on -site hosting through City servers and off -site hosting via public cloud tools or the vendor's datacenter. c. Identify the key cost drivers that you expect to influence the costs of this project and your ability to contain them. d. Identify and itemize in the Cost Proposal and Alternate Cost Proposal: One-time costs Fixed, ongoing costs across a nine-year period including: • any and all categories of license; • integration; • support; • maintenance; and • training costs iii. Fixed rate fees for emergency support for after-hours technological assistance. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. VIII. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: Proposer's Certification and Proposal Item Pricing Attachment B: References • Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit Attachment E: Non -Lobbying Certification Attachment F: Non -Discrimination Certification • Attachment G: Proposer's Questionnaire City PiNaPPAPIgil RFP No. 23-pba 34 0QPRA§ 196 (9) The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: City will not waive notarization requirement when applicable on any of the required attachments. IX. REFERENCES Proposer shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. Additionally, Proposer shall provide contact information for two (2) municipal agencies, preferably of similar size to the City of Santa Ana, for which Proposer has successfully implemented a similar Business License Taxation software solution that the City may contact for site visits as part of the evaluation process. These municipal agencies may be included as two (2) of the three (3) references required above or in addition to the required references. City may disqualify a Proposer if. - References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. X. MINIMUM SCOPE AND LIMIT OF INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, City gfib(aPRAFIgil RFP No. 23-PO-5 35 0Q4?PP§ 196 (9) including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. ■ Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. • The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Vendor. If not covered under the Vendor's liability policy, such "property" coverage of the Agency may be endorsed onto the Vendor's Cyber Liability Policy as covered property as follows If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. City gfib(aPRAFIgil RFP No. 23-PO-5 36 0Q 196 (9) Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Certificate Holder must be addressed as follows: City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances City PiNPPAPIgil RFP No. 23-pba 37 OQ4?196 (9) XI. SELECTION PROCEDURES & CRITERIA A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP • Proposal's compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. • The value to any new and/or innovative product or service suggestions or 40 other new ideas and enhancements. • Proposed innovation and value-added features/offerings Experience of Firm and Personnel • The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned 25 staff. Cost of Proposal • Reasonableness of rates and cost for development, integration, support, 25 and maintenance References • References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100 C. A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non- responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. City gfib(aPRAVIgil RFP No. 23-pba 38 0494 196 (9) The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. Additionally, the City reserves the right to contact references Proposer has included as successful implementation partners and visit facilities, contact, and/or meet with municipal agency's Project Managers as part of the evaluation process. XII. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XIII. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City's website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors City PiNPPAPIgil RFP No. 23-PO-5 39196 (9) from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR'S EXPENSE Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. City PiNaPPAVIgil RFP No. 23-pba 40 0Q4?196 (9) H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. City PiNaPPAP19il RFP No. 23-pba 41 0 4?*2§ 196 (9) M. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub -contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. N. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON -PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. City PiNPPAVIgil RFP No. 23-pba 42 0Q4? 196 (9) R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. City PiNaPPAP19il RFP No. 23-pba 43 AA94?196 (9) Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XIV. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer" will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XV. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. City PiNaPPAVIgil RFP No. 23-pba 44 0QP 196 (9) EXHIBIT I SCOPE OF SERVICES Consultant or Consultant's software solution shall include a centralized data collection system that will meet the City's current and future demands for customer intake, data management, discovery and collection of taxes and fees. Implementation of the Business License Tax Software Platform shall be a comprehensive, state-of-the-art business licensing software that can provide a start to finish solution and should include the ability to integrate with other software utilized by the City. The software solution must meet or exceed the specifications outlined below: A. GENERAL SYSTEM / SOFTWARE REQUIREMENTS The ability to integrate with various City & Third -Party solutions, including but not limited to the City's incoming LMS (Clariti) and the City's Treasury Services payment modules (System Innovators iNovah application & City of Santa Ana's PAY application), and the City's current Enterprise Resource Planning (ERP) system, Infor Lawson. However, please note, the City is currently undergoing a separate, competitive solicitation process for an ERP system and the current ERP system may change in the next 2-5 years. a. Included in this integration are links to automatically push/pull defined customer service information ("CIS") data relating to Proactive Residential Enforcement Program (PREP) accounts, Certificates of Occupancy, and Home Occupation Permits. Other records may be synced into this system throughout the years. 2. Support for an automatic registration capability to convert qualified pre -licensing accounts to active business license tax accounts ready for receipt/business license certificate issuance or variance/penalty billing. 3. Support for a competent in arrears original delinquency penalty abatement calculation/billing capability — (see Business License Tax Code — SAMC Sec. 21-25), and incorporate a flexible installment agreement function with tracking. 4. Support for pre -licensing and license renewal "pop-up" calculators is required. 5. Proposal shall also include provision and support for filing, reporting, and payment tracking modules for the City's Business License Tax, Cannabis Tax, Hotel Visitors' Tax (HVT), Utility Users' Tax (UUT), Proactive Rental Enforcement Program (PREP), and Tourism Marketing Districts (TMD) programs for registration, renewal, payment, and collection needs. 6. Automate the application, renewal, and payment business process of City of Santa Ana tax and assessment accounts, including but not limited to Business License Tax, Cannabis tax, HVTs, UUTs, PREPs, and TMDs, with the flexibility to track leads as well as the capability to add the following functions: a. The automation must contain configurable workflow functions and notification capabilities to support robust online business licensing with expedited City staff interactions for review, approval, and release. City PiNaPPAP19il RFP No. 23-pba 45 049RA2§ 196 (9) b. In instances of initial business licensing not requiring City staff review, the system must permit fully automated online licensing (e.g. out-of-town state license contractors, absentee residential rental property landlords, etc.). The online capabilities must include but are not limited to: i. Customers create a profile and receive login/password credentials with the ability to initiate password resets; ii. Staff may reset credentials if a customer is locked out; iii. Customers may upload multiple images or other documentation with online applications. The ability to store all documentation submitted within the system itself with document management capabilities is highly desirable. iv. System MUST possess the capability to link to the City's Laserfiche application to connect documents and files, either printed/scanned or digitally generated, i.e. Adobe PDF. The ability to run a full text search on all stored documentation and scanned files is required; v. Customers may update and request to cancel their business license online, with staff approvals permitted; vi. Enable secure signatory processes which may be built into the system or integrated with an outside platform (e.g. Simple Signature); and vii. The workflow processes must ensure all requirements are met prior to a business license being issued. This includes but is not limited to, possessing occupancy permits, Alcohol Beverage Control (ABC) licenses, and contractor licenses, which will require the system to communicate with the City's incoming LMS (Clariti). This functionality would in turn allow for multiple sales permits to be assigned to a single business license. 7. Calculate standard or special taxes, fees, and assessments (in addition to penalties and interests) from City -defined formulas or rates with the ability for authorized City staff to override and amend the amounts charged. a. The ability to set start- and end -dates for such calculations is required. b. Records of staff overrides must be maintained with the name of the staff member plus ID number and the reason for the modification. i. Selection of reasons from a configurable drop -down list is ideal. c. Tax and fee adjustments may only occur after the acceptance of an initial tax or fee is collected and may be done as a refund, revision, resubmission, adjustment, apportionment rule/apportionment audit, or transfer. d. A "scenario calculator" to estimate taxes, fees, and assessments is highly desirable; 8. The ability to associate a payoff order/sequence to fees, taxes, interests, penalties, and any other charges within the system. a. The computation of the final payoff order/sequence when applying received payments must be in accordance to existing and future Santa Ana Municipal Code, and Business License Tax Administrative Procedures. b. For the proposers' knowledge, the Santa Ana Municipal Code § 21.66 states, "Money received during the current year for a license shall first be applied to the payment of delinquent fees, sums and penalties due during any preceding calendar year, any balance remaining thereafter shall be applied to the payment of the current license fees and penalties." City PiNaPPAVIgil RFP No. 23-pba 46 0494?196 (9) 9. Record and associate accounts with invoice identifiers, receipts (including date and time of payment), and revenue account numbers for each tax and fee transaction. a. The distribution of digital receipts to the emails on record when payments are made in - person is ideal; 10. Categorize and group accounts by appropriate record elements, particularly by business type, and apply the appropriate estimated taxation based on the license type category and related tax assessment; 11. Allow for records to be searched, tracked, logged, and monitored based on different record elements, such as active/inactive status, age, location/GIS code, and business type; 12. Allow for City staff to insert comments and notes on any account and place flags or warnings to accounts based on special comments/conditions, with timestamps and logs stored for each entry or transaction, including staff name plus ID number. a. All financial transactions, including changes in taxes/fees and adjustments, must be recorded for audit purposes. b. As part of the workflow functions, a flag or other special notations should trigger notifications to staff as well as place holds on accounts; 13. Generate consistent and accurate reports in standard or customizable formats on a scheduled or as -needed basis. a. The ability to share/view/read large -size or all -record reports through the system to outside regulatory agencies or internal City departments is ideal; 14. Migrate data from the City's current software(s) to the awarded software system; 15. Provide continuous updates or allow for the configuration of rules within the system to meet the City's changes in legislative requirements, technology needs, and operational demands, in addition to complying with Federal and State of California laws and regulations; 16. Support Section 508 Accessibility Standards; and 17. Apply the City of Santa Ana logo and other branding elements where appropriate. B. TECHNICAL SYSTEM / SOFTWARE REQUIREMENTS 1. Function in a web -based environment with support for multiple browsers including Microsoft Edge Chromium Edition and Google Chrome browsers on Windows versions 10 and 11. a. Provide updates for future web browsers and Windows operating systems. b. The City requests that any web -based system not require Internet Explorer 11 mode to be engaged; 2. Provide automatic file backups with daily continuity and disaster recovery; 3. Provide or integrate with a GIS/GEO code address master to ensure applicants seeking licensure as in -city businesses have both a City of Santa Ana postal designation as well as function at a validated physical location within the City's formal boundaries. Proposed solutions should support City PiNPPAP19il RFP No. 23-pba 47 AA94?196 (9) GIS/GEO coding/mapping for inquiry look -up, investigation/inspection assignment, revenue tracking/reporting, and account aging & collection activities, together with general reporting and database extract purposes. a. This functionality must also allow for the system to recognize coded geographical areas that assess special taxes such as BIDs. Defined data sets will be required to be maintained for the City Downtown BID and the City's TMD. b. The GIS/GEO coding must work as an electronic export as well as in instances when data must be backed up or reviewed externally, such as when the Franchise Tax Board conducts comparative tax audits. c. A scalable master database export function is also required for defined elements of the principal business license tax dataset, as well as for ancillary modules, and for defined GIS/GEO-coded districts/areas. d. The coding must align with coding from CDTFA/third-party consultant Sales Tax Allocation data for other comparative tax audits; 4. Integrate with the City's incoming LMS (Clariti) to properly link licenses with the City's real estate records. a. The ability to store an internal address repository with access to Clariti is ideal. b. The proposed system must be able to automatically suppress issuance of a formal business license tax certificate when unapproved or pending requirements are noted in Clariti; c. It is highly desirable that the system also support secondary City -generated address masters connecting to: County of Orange Assessor Property Records (i.e., assessor parcel number); and State of California Department of Tax & Fee Administration permitted sales tax addresses. d. The ability to encode and associate visual geographical information to addresses/accounts, such as street views, is ideal. 5. Support for County of Orange tax lien and City of Santa Ana administrative citation processes should also be incorporated; 6. Handle Standard Industrial Classification (SIC) Code assignments / North American Industrial Classification System (NAICS) Code selections as part of the initial business licensing process; 7. Ensure data integrity, accuracy, and completeness with standard or configurable validation rules for data fields; 8. Possess the ability for bulk data entry where staff may enter renewal reporting information for a set of accounts all at once via a file import or through bulk data entry screens to streamline paper renewal processing workflows. a. The submittal of bulk data (or any data) should trigger the workflow processes within the system to automatically update accounts and calculate taxes, fees, and assessments. The City's current system allows for this function in which staff enter records for approximately 3,000 accounts manually from paper submissions; 9. Possess the ability to export account records in bulk with mail merge printing capabilities, allowing the creation and revision of business license application forms, noncompliance notices, certificates, and other letters/memorandums/documents with predefined document templates. City PiNPPAP19il RFP No. 23-pba 48 0QPX§ 196 (9) a. This function should allow for bulk selection by business license category, geographical location or zone, age, or other characteristics; 10. Possess the ability to send mass digital/email notices, certificates, and other letters/memorandums/documents with predefined notice templates to select email addresses on record; 11. Automatically generate and distribute invoices/billing statements and filing forms via email for business license renewals on a monthly, quarterly, semi-annual, annual, or as -needed basis based on the business type or other defined characteristics. a. These renewal notices must be submitted in advance of renewal deadlines, for example, trust tax and cannabis tax filers must receive renewal notices 30 days prior to their filing deadline. b. As -needed and special invoicing/billing may occur when an account is closed but a balance remains, there is a zero gross receipts assessment, or other criteria/events; 12. Possess the ability to export financial records or contain a General Ledger interface that communicates with the City's existing or future financial systems and other City software systems. Additional reporting capabilities that summarize and detail specific fees or tax assessments is required. a. For the Proposer's knowledge, the City of Santa Ana will soon issue an RFP for ERP solution and implementation services. The ideal Business License Taxation solution would integrate with the selected ERP system. Proposers should include in their Proposals any ERP implementation partners with which they have successfully integrated their software solution as related to services specified herein. 13. Accept payments by cash, check, credit, ACH/EFT with the ability to accept payments online including partial payments and mixed tender payments (combination of check, credit, and cash). a. Software functionality should also allow field staff to directly access and edit accounts, including acceptance of credit card payments while performing field activities. b. The proposed system must also accept and support partial payments, and also allow for a variance billing notice to be generated and mailed to the business owner. c. In -person payments may be done at POS cashiering stations or via publicly -accessible kiosks. d. The City utilizes Invoice Cloud as its online and payment kiosk processor and TSYS Global Payments as its walk-in payment processor; integrations with Invoice Cloud and TSYS, as well as System Innovators iNovah Cashiering and Revenue Tracking applications is highly desirable. e. The City utilizes the following merchant processors: TSYS Merchant Solutions, LLC; Global Payments Integrated, Inc.; OpenEdge; JP Morgan Chase Paymentech; and EPX — Electronic Payment Exchange; f. Phone payments must also be allowed; however, may be done through a mobile application/browser, text, or automated voice call. g. All online payment functionalities must be available 24/7, 365 days a year; 14. Permit staff to adjust payments (e.g. payment submitted to wrong account or fee and adjustments are needed) with record of transactional changes within the system; City PiNPPAP19il RFP No. 23-pba 49 0494?196 (9) 15. Issue a paper receipt or an online receipt upon receiving a completed payment. a. The City's current software allows business license tax payments to be by mail; received in -person as a credit card, check, cash, or mixed tender payment; and online as a credit card or ACH payment; 16. Track account deposits and credits that may be applied to future business license renewals. a. Deposits and credits may also be used an escheatment to settle delinquent closeout accounts; 17. Support a City -controlled carry -forward function to carry unpaid balances forward into a future tax year. a. The City currently allows unpaid balances less than $50 to be carried forward; 18. Process payment refunds, issue credits, and void payments transactions; 19. Impose a fee for payments returned as a result of insufficient funds. a. The workflow processes must automatically generate a letter to be sent via USPS mail in addition to a notification sent via email to the customer's email address on record. b. A customer must possess the option to initiate a payment plan with staff review to alleviate this issue; 20. Automatically generate and place warnings and/or holds on noncompliant accounts as a result of delinquency, license expiration, returned payments (i.e., bounced checks), partial payments not approved, and other City -defined characteristics; 21. Support the ability to place specific business type accounts in a nonrenewal "suspense" state if the license is not renewed within a twelve (12) month period. a. This currently occurs for State Licensed Contractors and Special Event Participants who receive annual reminders for three (3) years after expiration in the suspended state and afterward they are determined as inactive/closed; 22. Remain in compliance with industry -standard payment security protocols and regulations, including Payment Card Industry Data Security Standards (PCI DDS); 23. Allow an authorized staff member to manually release an automatic "Hold" on an account to permit issuance of a business license tax certificate; 24. Contain or implement security measures to protect the confidentiality and integrity of information on record which includes but not limited to: a. Utilizing session timeouts, b. Allow viewing of data to authorized persons, c. Placing view/read limits for defined users showing only a limited subset of account data, d. Allowing edit/write permissions for defined users, e. Encrypting sensitive information including passwords at the database and system level, City PiNaPPAVIgil RFP No. 23-pba 50 0494?196 (9) f. Masking data at the user and application level (administrator and inactive directory accounts), and g. Enabling the selection of system administrators; 25. Support a single sign -on from within the City of Santa Ana's internal network. a. If single sign -on is unavailable, supports LDAP authentication via Active Directory. At the minimal, employ authentication measures using application -based sign -on with usernames and passwords secured over the TLS communication protocol version 1.2 and greater; b. For externally hosted solution, authenticate using SAML 2.0 is preferred. 26. For on -premises hosting, The City of Santa Ana Information Technology prefers solution that is compatible with Microsoft Windows Server, preferable the latest version (2022). If Microsoft Windows Server is not supported, alternate operation systems may be considered but priority is to Windows Server; 27. For on -premises hosting, The City of Santa Ana Information Technology prefers solution that is compatible with Microsoft SQL Server 2017 or 2019 name instance. If Microsoft SQL Server is not supported, alternate database systems may be considered but priority is to SQL Server; 28. Integrate with Microsoft Exchange Server 2016 or later for system functionalities requiring City infrastructure to send and receive emails; and 29. Ensure that the proposed system provides updates for current and future versions of integrated City software at no additional cost, except cost incorporated in an annual base support and maintenance fee. C. PUBLIC PORTAL / CITIZEN ACCESS REQUIREMENTS Ensure the Public Portal / Citizen Access component(s) support multiple browsers and their versions, and multiple operating systems in desktop or scalable mobile formats (i.e. tablet, smartphone, laptop, etc.); a. Software web and mobile device functionality is a requirement in order to provide an effective e-commerce experience and unique "customer friendly" online portal for businesses, property owners, applicants, and contractors to access their business license information and status. 2. Support translations within the system itself or through integrated tools, such as Google Translate, with specialized expert (City defined) language translations as needed; 3. Enable members of the public to submit inquiries and complaints online, without requiring access credentials should submitters desire to remain anonymous. a. This function may employ a link to the City of Santa Ana's web forms, or may offer a module for inquiries within the system itself which is ideal; and 4. Control information visibility and limit public access to internal information with the City able to determine what is viewable by the public. City PiNaPRAVIgil RFP No. 23-pba 51 OQ�92§ 196 (9) a. Examples of publicly -permitted functions are conducting business license searches with pre -defined data returns and viewing the City's business license roster with filter capabilities (e.g., date of business startup, license type, address, and name). D. UNLICENSED BUSINESS LEAD DEVELOPMENT REQUIREMENTS Actively support the conversion process of guiding leads towards business license registration which may include the upload of external data to be compared with City of Santa Ana data to identify unlicensed businesses within the City's boundaries. a. The workflow processes must allow for mass communication to leads with the ability to track responses. b. The system must provide a pre-licensing/revenue tracking module utilizing available City of Santa Ana and third- party business data for sub -programs, such as but not limited to: i. Franchise Tax Board (FTB) business license exchange data; ii. Secretary of State (SOS) pass-thru entities and holding companies; iii. Fictitious Business Name (DBA) business name registrations; iv. Sales Tax Registrations (AB990); v. Sales Tax Allocations vi. State of California's Contractors State License Board business registrations; and vii. Other miscellaneous in-house sub -program data (e.g. Commercial Landlord Tenant Roster/Independent Contractor filings, Municipal Utility Tenant registrations, Section 8 Housing registrations, Condominium/HOA Roster Filings, Purchasing Agreements and Specifications) 2. Possess the ability to search, filter, and categorize leads to view and process by source, business license type, campaign category, and other relevant attributes; and 3. Possess the ability to export bulk lead records with mail merge printing capabilities to allow for the creation and revision of licensing notices and other letters/memorandums/documents generated with predefined document templates, including archiving final notices based on campaign type and requestor ID. E. IMPLEMENTATION REQUIREMENTS 1. Full implementation, release, and acceptance are required by mid- to late-2025. 2. Proposers must provide projected software customization, testing, data migration, implementation, parallel operation and final release and acceptance timelines. 3. Provide unlimited phone and email support to the City of Santa Ana during the City's regular business hours. The City operates from 7:30 A.M. — 5:30 P.M. Monday through Thursday, and 8:00 A.M. — 5:00 P.M. every other Friday. 4. Emergency support after regular business hours must also be made available and may be charged separately. 5. The ability to provide remote support is ideal. 6. The ability to view Support and Enhancement Requests (including individual and City-wide request tickets) via reports and/or portal access is required. City PitYaPPAVIgil RFP No. 23-PO-5 52 AQ�2196 (9) 7. Provide a testing environment for implementation of the new system. The testing environment must remain available at all times during the term of the contract. 8. Contractor must own, lead, manage, and coordinate all aspects of the project to migrate from the City's current taxation software to the awarded application. 9. Contractor must own and manage the entirety of the historical data conversion from the current system to the awarded application. 10. Contractor is responsible for the cleansing, extraction, translation, and upload of the City's data. a. The data to be included is all historical data in the City's legacy database up until the production cutover date. The converted data will be available in the new application in a format that is similar or improved in capability, productivity, and efficiency as the intended usage in the legacy system; 11. City staff's responsibility will be limited to providing general feedback on the data conversion. 12. Contractor must provide comprehensive software training that includes, but is not limited to, end - user training with training manuals for all back -office users and administrator/configuration training with training manuals (up to 10 users). a. No train -the -trainer approach shall be utilized by the vendor. F. OPTIONAL OFFERINGS Offer a module for the administration of the PREP, including a public interface, with the ability to perform primary and variance/penalty billing utilizing the same business rules as the Business License Taxation Software. a. PREP assessment periods are from July 1 to June 30 of the following calendar year. b. The module must share real-time integration with the City's Land Management Software (Clariti). City PiNaPPAVIgil RFP No. 23-pba 53 AAq4?196 EXHIBIT II SAMPLE AGREEMENT CONSULTANT -AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20 by and between , ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for an initial period of five (5) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for three (3) additional periods of two (2) years, one (1) year, and a final optional extension for a one (1) year period, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed nine (9) years. The Agreement may be terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the City PiNaPPAP19il RFP No. 23-pba 54 0Q4?196 (9) professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. o Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. ■ The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Vendor. If City PiNaPPAP19il RFP No. 23-pba 55 04944196 (9) not covered under the Vendor's liability policy, such "property" coverage of the Agency may be endorsed onto the Vendor's Cyber Liability Policy as covered property as follows If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. City PiNaP#'PAKil RFP No. 23-pba 56 04944196 (9) Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Certificate Holder must be addressed as follows: City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this City PiNaPPAKil RFP No. 23-PO-5 57 IA94?196 (9) Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION City PiNaPPA j9ll RFP No. 23-pba 58 PQ4? 196 (9) This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) City PiNaPPAKil RFP No. 23-pba 59 I44944196 (9) P.O. Box 1981 Santa Ana, California 92702 ATTN: Alejandra Gutierrez Fax: 714-647-5497 To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Assistant City Attorney City PiNaPPAKil CITY OF SANTA ANA Steven A. Mendoza Acting City Manager CONSULTANT: (name) (title) RFP 60 (9) Tax ID# RECOMMENDED FOR APPROVAL: Kathryn Downs, CPA Executive Director, Finance & Management Services Finance & Management Services Agency City PitYaPtPi Nil RFP No. 23-po-6 61 I9 A2§ 196 (9) EXHIBIT III CITY OF SANTA ANA GENERAL BUSINESS LICENSE TAXATION OVERVIEW The following is a brief overview of the Santa Ana Business License Tax program including some of the functionalities and processes employed by our homegrown BTS.Net application. (Please note that our Business Tax System (BTS) Software is currently linked with Infor Lawson for our General Ledger software as well as Laserfiche for our scanned document repository software.) Flat Rate Flat Rate license taxes are required to be paid annually and are due and payable on December 1 of every year. Flat Rate licenses become delinquent if not paid by January 1. The Table below gives some statistical information relating to the volume involved in the Flat Rate renewals based on various business tax groups as of July 31, 2023. Advertising Sw (Bill Posting, Flyers, Loudspeakers Amusement Center (> 10 days) Carnival or Circus (< 4000 people) Christmas Tree or Pumpkin Patch Lot Firework Stand Gratuitous Gratuitous - Registration Exempt Home Based Business Independent Contractor Itinerant Merchant Mobile Home Rental One Day Peddler/Solicitor Peddler/Solicitor PushCarts Residential Rental Sports Exhibition State License Contractor - Class A/B State Licensed Contractor- Class C Warehouse or Storage Totals: 1 1 0 1 0 0 1 0 1 0 1 0 2 0 2 2 0 0 2 0 2 0 2 0 78 56 22 0 78 0 97 97 0 5 92 76 1148 356 792 1071 77 9 479 479 0 1 478 286 793 793 0 53 740 579 5 2 3 0 5 0 78 78 0 0 78 54 2 0 2 1 1 1 29 29 0 10 19 10 22 22 0 0 22 4 7233 7233 0 1 7232 6481 2 1 1 2 0 0 2304 1294 1010 2058 246 63 3553 2116 1437 3112 441 154 204 204 0 0 204 3 16033 12761 3272 6317 9716 7720 Flat Rate renewals are prepared starting in November with CPI rate adjusted values computed for the period beginning June 30th and ending October 31 st of each current year entered into the BTS rate tables for all different types of assessment accounts (Flat Rate, Fixed Variable Flat Rate, Gross Receipts, and Variable Flat Rate). All Flat Rate renewals are mailed out on or about November 25 of each year. A message referring to all of up and coming holiday closures for December and January is printed on the renewals themselves as a special message. For this group of business licenses renewals "Fixed Flat Variable Assessment" is the largest segment and predominately includes Apartment Complexes, Apartment Houses, Multiplex Residential Rental Properties to Single Family Residential Rental Properties and Condo Rental Properties. Suspense Accounts Suspense Accounts are a subset of Flat Rate accounts that are not automatically programmed to renew. That is to say, that they do not get annual charges added on to them automatically. A review on Suspense City PiNaPPAKil RFP No. 23-PO-5 62 AA94?196 (9) Accounts are done yearly to close out accounts that have had no activity after four years. In order to renew a Suspense Account either the Customer or a City employee with assessment privileges within the BTS must prompt the system to add charges in order to be billed. Non Resident State Licensed Contractors, however, are billed but charges are kept in "Suspense". Furthermore, some of the Suspense accounts are suppressed from being mailed an annual renewal such as Christmas Tree/Pumpkin Patch lots, Firework Stands, Itinerant Merchants, One Day Peddler/Solicitors, or Sports Exhibitions, as these activates require special land use certificates or permits. Most of these activities are transient in nature and require a review of the location were the business activity would be taking place. These types of activities often vary in location and from day-to-day or year-to-year. The Table below gives some statistical information as of July 31, 2023 relating to the volume involved in the realm of Suspense accounts. Note all Suspense accounts fall under the Flat Rate Renewals. However, some varieties are assessed based on a daily or quarterly tax rate. Amusement Center (> 10 days) 1/1/2023 12/31/2023 1 Carnival or Circus (< 4000 people) 1/1/2023 12/31/2023 2 Christmas Tree or Pumpkin Patch Lot 1/1/2023 12/31/2023 2 Firework Stand 1/1/2023 12/31/2023 22 Gratuitous - Registration Exempt 1/1/2023 12/31/2023 792 Itinerant Merchant 1/1/2023 12/31/2023 3 One Day Peddler/Solicitor 1/1/2023 12/31/2023 2 Sports Exhibition 1/1/2023 12/31/2023 1 State License Contractor - Class A/B 1/1/2023 12/31/2023 1010 State Licensed Contractor - Class C 1/1/2023 12/31/2023 1437 Total: 3272 Gratuitous / Hobbyist License Charge Accounts Businesses that operate part-time or are part-time hobbies which generate gross receipts but gross below a fixed annual threshold amount (currently $5,000.00) may pay a reduced Gratuitous License or Hobbyist License Charge on a Flat Rate Assessment basis and are eligible to have their registration charges (Application Processing Charge or Renewal Application Processing Charge) waived. Gross Receipts Rate Assessment Accounts Gross Receipts Rate Assessment business license taxes are required to be paid annually and are due and payable on March 1 of every year. Gross Receipts rate licenses become delinquent if not paid by the April 1 of each year. Generally, Gross Receipts Rate Assessment businesses are required to pay a "basic tax" amount, currently assessed at 60 annually, which for a new business is pro -ratable by quarters depending on the business start date. In addition, the assessment of gross receipts businesses consists of: o Gross Receipts based tax rate margin assessment 0 15 Registration Fee (Application Process Charge/Renewal Processing Charge) o $44 SB 11861AB I379 (State) Fee City PiNaPPAVIgil RFP No. 23-pba 63 0494?196 (9) The Table below gives some statistical information relating to the volume involved in the Gross Receipts renewals broken down into their various business tax groups as of July 31, 2023. Commercial Rental (Additional Unit) 226 226 0 226 0 Commercial Rental (First Unit) 1433 1433 1 1432 5 Commercial Rental (Special) 5 5 0 5 0 Home Based Business - GR 44 44 1 43 25 Professional Office GR 1190 1190 37 1153 26 Retail and Wholesale 1446 1446 36 1410 69 Retail or Admin 8157 8157 820 7337 1324 Salvage or Recycling 32 32 0 32 0 Vehicles GR (Ambulance, Buses, Limos, & VFH) 37 37 18 19 2 Wholesale 531 531 3 528 14 Total: 13101 13101 916 12185 1465 Gross Receipts Renewals Statements are prepared starting in mid -January to ensure that they are mailed out by February 15 of each year. There are varieties of different tax rates depending on the nature of the business. Retail and Services, Wholesale and Manufacturing, Mixed Retail/Services & Wholesale/Manufacturing, Commercial Rental - First Property, Commercial Rental and Second Property just to name a few. The current BTS adjusts the instructions to match the various rates as they apply to the specific type of account. Other varieties of instructions are dictated by location such as non-resident versus resident businesses. Below are some (not all) samples of the worksheets that are supplied on the back of the Gross Receipts renewals. City PiNaPPAKil RFP No. 23-pba 64 049 196 (9) Retail and Wholesale resident business rate calculation instructions: The following instructions will help you determine your business tax assessment due. The annual Business License Tax Renewal is based on the gross receipts the business generated during the preceding calendar year (January 2022 — December 2022). To renew your license and calculate your business tax assessment, follow these steps. Step #f1: Enter the total gross receipts on the appropriate line on the Business License Tax Renewal Notice (Renewal Notice) located on the bottom portion of the front side of this form. The gross receipts to be reported can be obtained by referencing your IRS Tax Schedule Form 1040, schedule C for sole proprietorships; Form 1120 for corporations, Form 1120-S for S corporations, and Form 1065 for partnerships. Gross Receipts Include: The total amount of the sale price of all sales, the total amount charged for the performance of any act or service, the total amount of fees, commissions, or other receipts generated by the business, without any deduction whatsoever. Step #✓2: Compute the business tax here: Subtotal Rounded to Gross Receipts From: Enter 2022 RETAILISERVICE Grass Receipts on the Appropriate Line Below: Base Fee Nearest Whole Dollar $ x .00065 = $ + $ 60 = $ Subtotal Rounded to Enter 2022 WHOLSALEWANU WTELEPHONE SERVICES Grass Receipts on the Appropriate Line Below: Base Fee Nearest Whole Dollar $ x .00050 = $ + $ 60 = $ Enter Retail or Service Business License Tax calculated here: Subtotal(Round to Nearest Whole Dollar) = $ Enter Wholesale/Manuf. Business License Tax calculated here: Subtotal(Round to Nearest Whole Dollar) + $ If BOTH retail and wholesalelmani tax rate tables were used to calculate taxes, subtract $60.00, otherwise enter zero: $ Tax Subtotal (sum lines above; if sum is greater than $100,000 enter, only enter $100,000): _ $ Add Registration Fee: + $ 15.00 Add State of California Disability Access and Education Fund Fee: + $ 4.00 Add Previous Balance or Subtract credit, if reflected here*: $ 0.13 CR Total Amount Due: _ $ *Note: There may be a previous balance forward owed or a credit amount on file. This figure will be printed next to Previous Balance on the Renewal Notice on the front side of this form and is also printed in the table above. If no previous balance is owed or there is no credit on file, a zero will appear. City 9F(baP#'PAKil RFP No. 23-PO-5 65 AAq 196 (9) Cost of operations for resident business rate calculation instructions: The following instructions will help you determine your business tax assessment due. The annual Business License Tax Renewal is based on the attributable grass receipts of the business. Attributable gross receipts are defined as the cost of doing business (gross expense) of the business location, during the preceding calendar year (January 2022 — December 2022). To renew your license and calculate your business tax assessment, fallow these steps. Step #1: Entertotal attributable gross receipts on the appropriate line on the Business License Tax Renewal Notice located on the bottom portion of the front side of this form. For business locations which are the sole or separate branch facility or orrice engaged in providing administrative Imanagement related services, including, but not limited to record keeping, data processing, research and development, advertising, public relations, personnel administration or legal services; or, in the event separate sales or receipt records are not maintained for local office; or, in the event any retailinglwholesalingJmanufacturing or processing activity conducted does not generate gross receipts, in connection with sales, rentals or services performed at one or more other facilities located within or outside of the City of Santa Ana; then, the annual Business License Tax Renewal far your business is based on the attributable gross receipts of the business . Attributable gross receipts are reported for the period of the preceding calendar year. You may elect to choose either of the two following methods when reporting attributable gross receipts: Method 1: Straight Cost of Doing Business Basis: The branch facility or office location's attributable gross receipts are equal to the cast of doing business. COST OF DOING BUSINESS means the total cost of maintaining the branch facility, office or location, including, but not limited to all wages, salaries, commissions, bonuses paid, all rent andiDr depreciation taken, telephone, postage, utilities, janitorial and any other expenses allocated for maintaining the facility, office, or location_ Method 2: Proportional Basis: Proportional attributable gross receipts are calculated as follows: 1) Establish the ratio of the company's total cost of doing business to the branch facility or office location's individual cost of doing business . [COST OF DOING BUSINESS means the total cost of maintaining the branch facility, office, or location, including, but not limited to all wages, salaries, commissions, bonuses paid, all rent andfor depreciation taken, telephone, postage, utilities, janitorial and any otherexpenses allocated for maintaining the facility, office, or location.] 2) Apply this same ratio, using the company's total gross receipts, to determine the proportional amount of the total grass receipts which are attributable to the local branch facility or -office location . (Example: If the local branch facility or office location's cost of doing business ratio equals 151% of the company's total cost of doing business, then 15% of the company's total gross receipts are attributable to the local branch facility). Stop 92: Compute the business tax here: Suhtatal Rounded to Gross Receipts From: Enter 2022 Grou Receipts on the Appropriate Line Below: Base Fee Nearest Whole Do liar x 00065 = $ + 5 60 = S Enter Subtotal Rounded to Nearest Whole Dollar here: tlf sum is greater than $100,000 enter, only enter $100,000) = S Add Registration Fee: + $ 15.00 Add State of California Disability Access and Education Fund Fee: + S 4.00 Add Previous Balance or Subtract credit, if reflected here': + S 0.00 Total Amount Due: = S "Note: There may be a previous balance forward awed or a credit amount on file. This figure will be printed next to Previous Balance on the Renewal Notice on the front side of this form and is also printed in the table above. If no previous balance is owed or there is no credit on file, a zero will appear. Gross Receipts Deposit Accounts Gross Receipts Deposit Renewal are accounts that have deposited funds with the City and are subject to a gross receipts assessment. This occurs with new businesses that are required to pay a business license tax but lack the gross receipts history necessary for assessment. Reporting information on Gross Receipts Deposit accounts are required to be provided by April 30 and the data received is then assessed for the initial fiscal year period and then projected (annualized) for calculation of the following renewal fiscal year. Deposit amounts are then applied accordingly. Any unpaid net assessment remaining is billed without penalty or interest. After a full calendar year of operation, subsequent renewals are calculated based on the prior year's gross receipts. Gross Receipts Deposit Renewals become delinquent if not paid by the May 1 of each year. Variable Flat Rate Assessment Accounts Variable Flat Rate taxes are required to be paid annually and are due and payable on June 1 of every year. Variable Flat Rate licenses shall become delinquent if not paid by July 1 of each year. The Table below gives some statistical information relating to the volume involved in the Variable Flat rate renewals broken down into their various business tax groups as of July 31, 2023. City gF]baPRAFlgil RFP No. 23-pba 66 OQ449§ 196 (9) Billboards 5 Coin Operated Machines 60 Peddler/Solicitor with 16 Employees Shoeshine Stand 1 Taxi Cabs 7 Vehicle (Catering, Ice 312 Cream,Produce,Junk) Vehicles (Ambulances) 131 Vehicles (Delivery, Tow 131 Trucks, Trucking Totals: 594 5 0 4 1 0 60 0 27 33 0 16 0 10 6 1 1 0 0 1 0 7 0 6 1 0 312 0 16 296 87 131 0 74 57 17 313 0 74 57 17 594 0 137 457 111 Variable Flat Rate renewals are prepared starting in mid -April to ensure that they are mailed out in by their mailing due date of May 15. City PitYaPPAVIgil RFP No. 23-PO-5 67 AQ4 o`§ 196 (9) Vending Machines rate calculation instructions: The following instructions will help you determine your business tax assessment due. The business tax renewal is based on the number of coin -operated machines that will be maintained within the City during the licensing period of July 1, 2023 through June 30, 2024. To renew your license and calculate your business tax assessment, follow these steps: Step #1: Vending Machines requiring $0.25 cents or more to operate - Enter the number of machines that will be maintained in the City during the licensing period on the first line located on the lower right-hand side of the front of the Business Tax Renewal Notice. Step #2: Enter the first machine on Line A and any additional machines on Line B . Multiply these numbers by the corresponding rate and enter the total an the space provided. Step #3: Add the total tax assessments from Lines A, and B and enter as subtotal on Line C. Step #4: Add the tax subtotal on Line C, the registration fee on Line D and the state fee an Line E and enter total an Line F. Step #5: Add or subtract previous balance, if reflected on Line G, and enter total tax owing on Line H. Step #6: Enter the total tax & fees amount owing on the line labeled "Total Amount Enclosed' located on the front right -hand side of the Business Tax Renewal Notice. Step #7: Sign & date the Notice and remit it along with your payment by due date. TAX TABLE WORKS HEET A. First machine (25 cents or more) B. Number of additional machines (25 cents or more) C. Tax Subtotal (Add lines A, and B) D. Add Renewal Registration Fee E. Add State of California Disability Access and Education Fund Fee F. Subtotal (Add lines C, D and E) G. Add/Subtract Previous Balance H. Total tax amount owing (Add lines G and H) x $ 25.00 = x $ 13.00 = City PiNaPPAKil RFP No. 23-pba 68 049 196 (9) Vehicles (Catering Trucks, Produce Trucks, Ice Cream Trucks, Junk Collection Vehicles) rate calculation instructions: VARIABLE FLAT RATE RENEWAL INSTRUCTIONS VEHICLES (Catering Trucks, Produce Trucks, Ice Cream Trucks, Junk Collection Vehicles @ $260.00 each) The following instructions will help you determine your business tax assessment due. The business tax renewal is based on the number of vehicles that will be operating within the City during the licensing period of July 1, 2023 through June 30, 2024. To renew your license and calculate your business tax assessment , follow these steps: Step #1: Enter the number of vehicles that will be operating in the City during the licensing period on the appropriate line located on the front right-hand side of the Business Tax Renewal Notice. Step #2: Enter the number of vehicles, (determined in Step 41 above), on Line A of the Tax Table Worksheet below. Multiply that number by the corresponding rate and enter total on the space provided. Step #3: Add the Tax Subtotal on Line A, the registration fee on Line B and the state fee on Line C and enter total on Line ❑. Step #4: Add or subtract previous balance, if reflected on Line E, and enter total tax owing on Line F. Step #5: Enter the total tax amount owing on the line labeled "Total Amount Enclosed` located on the front right -hand side of the Business Tax Renewal Notice _ Step #6: Sign & date the Notice and remit it along with your payment by due date. TAX TABLE WORKSHEET A. Number of vehicles B. Add Renewal Registration Fee C. Add State of California Disability Access and Education Fund Fee D_ Subtotal (Add lines A, B and C) E. Add/Subtract Previous Balance F. Total tax amount owing (Add lines D and E) x $ 250.00 = Tax Exempt / Tax & Fee Exempt Accounts Tax Exempt / Tax & Fee Exempt Accounts are broken into two categories: + 15.00 + a nn + 0.00 • Tax Exempt Accounts - (Non-profit, Not For Profit, Charitable Organizations, etc.) are required to renew annually on the March 1 of each year. Tax Exempt accounts become delinquent if not paid by April 1 of each year. However, because penalties and Interest are only assessed on "taxes", Tax Exempt accounts are not assessed penalty or interest charges. They are liable, however, for annual registration charges (i.e., Application Processing Charge /Renewal Processing Charge). Tax Exempt accounts are generated and mailed out on or about February 15 of each year. • Tax and Fee Exempt Accounts — (Federal, State and County Government, Banks, Insurance Companies, Alcohol Beverage Control businesses, PUC Licensees, etc.) Because these types of accounts do not generate any revenue subject to local business license tax and are in some cases are governmental in nature, they only receive a business license for Administrative purposes and are not subject to a regular annual renewal filing. Likewise, they are not subject to registrations charges. These accounts are processed without system generated information exchanges with the account holders. City PiNaPPAKil ll No. 23-pba 69 A 196 (9) Non-profit and Charitable Organization Accounts Non-profit organizations or institutions which are eligible for an exemption from payment of federal income taxes under Section 501 of the Federal Internal Revenue Code as amended from time to time and/or exemption from the payment of state income taxes under Section 23701 et seq. of the California Revenue and Taxation Code as amended from time to time are exempt. However, institutions or organizations claiming a license fee exemption under this section have the burden of furnishing to the collector such information as the collector may require to support the claim of eligibility for exemption annually. The Table below gives some statistical information relating to the volume involved in the Tax and Fee Exempt as well as Tax-exempt accounts. The information below is as of July 31, 2023. Tax and Fee Exempt 2226 2226 0 35 2191 1162 Tax Exempt 386 386 0 34 352 33 (Non -Profit) Total: 2612 2612 0 69 2543 1195 Unlicensed Businesses: Pre -Business Licensing Activities The City aggregates and discretely mails notifications to potentially unlicensed business identified using a variety of in-house and third party data sources that include, but are not limited to: • FTB Filing Data (FTB) • DBA Filing Data (Lireco) • Secretary of State Filing Data (SOS/Business Entity Filing Data) • Sales & Use Tax Allocation Data (CDFTA/Avenue Insights) • Sales & Use Tax AB990 Registration Data (CDTFA) • Tenant Roster Data (In-House/Commercial Landlord Filings) • Commercial Property Rental Data (Tax Assessor/Coren & Cone) • Residential Property Rental Data (Tax Assessor/Coren & Cone) • Residential Property Rental Data (In House/MUS) This data is parsed, scrubbed, and conformed via Access Database Table filtering and Excel Spreadsheet functions for mail merge deployment and then uploaded to a VB6/Crystal Reports application — Business License Information Program (BLIP) for letter generation, response tracking, and account creation. Due Dates Any renewal due date falling on a weekend, City holiday, or City Hall closure date are carried forward to the next City working day. Any payment postmarked by the effective Due Date is deemed "timely" even if received after the Due Date. City PiNPPAP19il RFP No. 23-pba 70 0Q 196 (9) Original Delinquency Any business which originally fails to obtain their required business license before initially commencing or carrying -on or transacting business in the City is subject to a 50% original delinquency penalty. This penalty, however, is abatable when the subject business responses in a timely fashion (by the last date of the month following the month in which notice is given) to a demand to obtain a business license and then applies for the required business license (and pays) for its in arrears taxes. See SAMC Sections 21-25 and 21-80.1. (Note: In the case of Original Delinquency, no interest charges are assessed.) Past Due Penalties & Interest Any bill received or bearing a postmark after the due date will be assessed past due penalties and interest according to the following cumulative table: At the 4th month, interest is calculated on the unpaid tax and penalty as a merged total.* • Upon the 1st Month's Delinquency: _ $ 10.00 or 10% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus • Upon the 2nd Month's Delinquency: _ $ 15.00 or 15% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus • Upon the 3rd Month's Delinquency: _ $ 25.00 or 25% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus • Upon the 4th Month's Delinquency: _ $ 50.00 or 50% of the unpaid tax (whichever is greater), and 1 % interest on the merged balance, plus • An additional 1 % interest on the merged balance continuing for each month thereafter. Forced estimated accounts All accounts not reporting the required tax assessment values subsequently receive a Forced Assessment value and are billed (including initial penalty & interest assessment) accordingly. Forced estimations are nominally based on the following criteria: The average gross receipts amount (or other assessment criteria) reported for the same assessment period by similarly classified business, or The amount of the previously years' reported gross receipts (or other assessment criteria) adjusted for the annual increase in the local CPI, as applicable. Annual CPI Adjustment Some business license tax rates, charges, administrative fees, and deposits are adjusted annually for the net change (+/-) in the Los Angeles -Anaheim -Riverside All Urban Consumer CPI (1982 = 100%) computed from the base period beginning June 30, 1987 and ending each October 31 (Measure W reset the rates in 2022). Adjusted rates are then entered into the BTS rate table in November of each year for all the different types of assessment accounts (Flat Rate, Fixed Variable Flat Rate, Gross Receipts, and Variable Flat Rate, etc.) Apportionment • Prima Facie Apportionment Whenever an out-of-town (non-resident) business transacts and carries -on business within the City of Santa Ana it may apply to be assessed on a gross receipts basis (whetherit is nominally a Gross Receipts Rate Assessment business or not) based on its gross receipts solely generated within the City of Santa Ana. Burden on Interstate or Intercity Commerce; Petition for Adjustment Whenever a business license tax is claimed by a licensee, or applicant for business license to place an undue burden upon interstate or intercity commerce, or be violative of the constitutions of the United States and/or the State of California, the applicant or licensee can petition the Collector for an adjustment City PiNPPAP19il RFP No. 23-pba 71 I4909I2§ 196 (9) of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license tax. The applicant shall by affidavit and supporting testimony show his or her method of business and the gross volume or estimated gross volume of business and such other information as the Collector may deem necessary in order to determine the extent, if any, of undue burden on such commerce. • Burden on Interstate or Intercity Commerce; Election of Apportionment Rules Whenever a business license tax is claimed by a licensee, or applicant for business license to place an undue burden upon interstate or intercity commerce, or be violative of the constitutions of the United States and/or the State of California and the City has provided an Apportionment Rule, the applicant or licensee can petition the City to have such rule applied to their business license tax assessment. Issuance of Business License Tax Receipts (aka Business Tax Certificates) The current BTS application has several safe guards against releasing a Business License Tax Receipt unless all of the predetermined requirements are met. Primarily this comes in the form of such things as payment, Certificate of Occupancy issuance for commercial locations and Home Occupation Permit issuance for residential based businesses. Additionally, there can be holds due to lack of submitting Sellers permit information or other assessments values or State mandated requirements such as SB 205. FOR PROPOSERS' REFERENCE ONLY City PiNPPAVIgil RFP No. 23-PO-5 72 AA9 196 0 EXHIBIT IV CITY OF SANTA ANA MEDICAL MARIJUANA AND COMMERCIAL CANNABIS BUSINESS LICENSE TAXATION OVERVIEW Below is a brief overview of the functions relating to the City of Santa Ana's business license taxation of Medical Marijuana and Commercial Cannabis operations - Chapter 21, Article XII and Article XIII of the Santa Ana Municipal Code, respectively. (Note: the tax treatment afforded both types of cannabis operation - medicinal and non -medicinal - are generally similar but differ somewhat in detail between the two types, and with respect to Commercial Cannabis - between categories of operations as well.) Medical Marijuana • Currently, the City has 24 licensed Medical Marijuana operators. • All Medical Marijuana businesses are required to have an active "basic" Business License Tax account, currently assessed at $2,019 annually, which is pro -ratable by quarters depending on the business start date. This Annual Business "Basic" License Tax consists of: 0 $2,000 Base Fee (Not subject to annual CPI adjustment) 0 15 Registration Fee (Application Process Charge/Renewal Processing Charge) o $44 SB 1168 (State) Fee • Medical Marijuana business license accounts fall under the "Gross Receipts" category of assessment and annual basic tax fees are assessed based on an April 1 thru March 31 fiscal tax year. • All Medical Marijuana businesses are also subject to a monthly gross receipts tax in addition to the Annual Business License Tax Basic Fees. • The monthly tax rate is 5% of the monthly gross receipts (or gross sales) as reported by the Medical Marijuana operator. (Not subject to annual CPI adjustment) • The monthly tax remittance is due on the last day of the month following the month for which the revenue is being reported. • A monthly tax form, which is automatically system generated, is sent to all Medical Marijuana businesses at the beginning of each month requesting that they report the total gross sales for the month prior and calculate the tax due. • Any monthly tax remittance paid, postmarked or reported after the due date is subject to the following cumulative penalty and interest fee structure: 0 1st Month's Delinquency: = $ 10.00 or 10% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 2nd Month's Delinquency: = $ 15.00 or 15% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 3rd Month's Delinquency: = $ 25.00 or 25% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 4th Month's Delinquency: = $ 50.00 or 50% of the unpaid tax (whichever is greater), and 1 % interest on the merged balance, plus o An additional 1 % interest on the merged balance continuing for each month thereafter. • Business License Tax accounts are contingent on having first procured the prerequisites, including Certificate of Occupancy permit with the Planning & Building Agency, Regulatory Safety Permit with Code Enforcement and a State Seller's Permit. (The Planning & Building Agency Certificate of Occupancy and Regulatory Safety Permit fees do not represent assessable business license taxes, charges, or administrative fees.) City PiNPPAVIgil RFP No. 23-pba 73 AA9 196 (9) • All Medical Marijuana businesses are subject to a closeout audit in the event of a transfer of ownership before the new owner can establish their business license account. Commercial Cannabis • Commercial Cannabis businesses consist of the following cannabis activities: o Adult -Use Retail (including Delivery) o Consumption Lounge o Cultivation o Manufacturing o Microbusiness o Shared Manufacturing o Special Events/Festivals o Testing Lab • Currently, the City has 132 licensed commercial cannabis operators. Of those 132 licensees, there are: 0 27 Adult -Use Retail businesses 0 17 Cultivation businesses 0 41 Distribution businesses 0 17 Manufacturing businesses 0 5 Shared Manufacturing businesses 0 1 Testing Lab business • All Commercial Cannabis businesses are required to have an active "basic" Business License Tax account, currently assessed at $2,019 annually, which is pro -ratable by quarters depending on the business start date. This Annual Business "Basic" License Tax consists of: 0 $2,000 Base Fee (Not subject to annual CPI adjustment) 0 15 Registration Fee (Application Process Charge/Renewal Processing Charge) o $44 SB 1168 (State) Fee • Commercial Cannabis business license accounts fall under the "Gross Receipts" category of assessment and annual basic tax fees are assessed based on an April 1 thru March 31 fiscal tax year. • All Commercial Cannabis businesses are also subject to a monthly gross receipts tax in addition to the Annual Business License Tax Basic Fees. • The monthly tax rate set forth for each Commercial Cannabis business is based on the monthly gross sales (as reported by the operator) for the month prior, or a calculation based on the total square footage of the business' property location (as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency), whichever is greater. The gross square footage calculation rate does not apply to Commercial Cannabis businesses located outside of the City limits, Shared Manufacturing businesses and Temporary Events/Festivals. • The monthly tax rates and gross square footage calculations for each Commercial Cannabis business activity type are as follows: (Not subject to annual CPI adjustment) Commercial Cannabis Business Gross Receipts Tax 31ross Square Activity Rate Footage Tax Rate Adult -use Cannabis Retail Business (including Delivery) % $25.00 Consumption Lounge % $0.00 City PiNPPAVIgil RFP No. 23-pba 74 AA9 196 (9) Cultivation 1 % $7.00 Distribution 1 % $3.00 Manufacturing 1 % $3.00 dult-Use Retail Adult -Use Retail 25.00 Microbusiness ultivation, Distribution, Cultivation Manufacturing 7.00 1% Shared Manufacturing 1 % $0.00 Testing Facility or Testing Laboratory 1 % $1.50 The Gross Square Footage calculation is prorated monthly to 1/12th of the annual tax rate amount (business location square footage, times the Gross Square Footage rate, divided by 12). A monthly tax form, which is automatically system generated, is sent to all Commercial Cannabis businesses at the beginning of each month requesting that they report the total gross sales for the month prior and calculate the tax due based on the percentage rate or square footage rate (whichever is greater). Any monthly tax remittance paid, postmarked or reported after the due date is subject to the following cumulative penalty and interest fee structure: 0 1st Month's Delinquency: _ $ 10.00 or 10% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 2nd Month's Delinquency: _ $ 15.00 or 15% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 3rd Month's Delinquency: _ $ 25.00 or 25% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 4th Month's Delinquency: _ $ 50.00 or 50% of the unpaid tax (whichever is greater), and 1 % interest on the merged balance, plus o An additional 1 % interest on the merged balance continuing for each month thereafter Business License Tax accounts are contingent on having first procured the prerequisites, including the Certificate of Occupancy Permit with the Planning & Building Agency, Regulatory Safety Permit with Code Enforcement and a State Seller's Permit with the California Department of Tax & Fee Administration. (The Planning & Building Agency Certificate of Occupancy and Regulatory Safety Permit fees do not represent assessable business license taxes, charges, or administrative fees.) Commercial Cannabis businesses that share at least 80% underlying common ownership can be categorized as vertically or horizontally integrated. Vertical and horizontal integration are defined as follows: o Vertical integration shall refer to cannabis businesses operating at different points in the same supply chain from cultivation to retail sales, as long as they share at least 80% City PiNaPPAKil RFP No. 23-pba 75 AA9 196 (9) underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. o Horizontal integration shall refer to cannabis businesses operating at the same point in the same supply chain, as long as they share at least 80% underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. Commercial Cannabis businesses that are vertically or horizontally integrated are subject to: o Business License Tax Security Deposit All Commercial Cannabis businesses are subject to a closeout audit in the event of a transfer of ownership before the new owner can establish their business license account. FOR PROPOSERS' REFERENCE ONLY City PiNPPAVIgil RFP No. 23-PO-5 76 0494 196 (9) EXHIBIT V CITY OF SANTA ANA GENERAL UTILITY USERS' TAXATION OVERVIEW City of Santa Ana Utility Users' Tax Monthly Tax Remittance Procedures I. Monthly Tax Remittance: 1. Utility Users' Tax (UUT) is a 5.5% tax charged by all utility service providers (electric, gas, telecommunications and water) and remitted to the City on a monthly basis. UUT remittance is due on the 20th day of every month. 2. Monthly remittance tax forms are automatically generated based on the active UUT utility service providers registered in the UUT database (UUT system). Currently, there are 353 active utility service providers registered in the UUT system. 3. Monthly remittance tax forms are mailed to each service provider or designated tax preparer (see attached sample). 4. Persons or businesses excluded from UUT assessment by operation of state or federal law include: a. Insurance companies, their direct agents and the active investments (other businesses or commercial rental properties) directly owed by insurance companies. b. Government agencies, public corporations, public schools, state universities and college districts. II. Remitting and Processing Payments: 1. Most UUT payments are remitted via check, which is mailed in along with the completed remittance tax form; however, some utility service providers will email the form and remit payment electronically via ACH. 2. When the monthly remittance tax form is received, the reported revenue figures are verified for accurate reporting and calculation and recorded into the UUT system. The check is processed by Treasury Services remittance processor or can also be processed at the cashier counter with an accompanying billing statement. 3. Any discrepancies (overages, shortages, calculation errors, missing/wrong tax remittance form, etc.) will result in a letter to the service provider or tax preparer requesting to resolve the issue. Shortages and calculation errors or late payments that are postmarked after the 20th day of the month are subject to penalty and interest charges. a. Penalty charges are calculated at 15% of the tax amount owed b. Interest charges are calculated at 0.75% of the tax amount owed per month III. Remittance Tracking: 1. The revenues reported on the monthly tax remittance form are recorded into the UUT system. Once the revenue figures have been entered, the UUT system will calculate the fees to verify the information entered was accurate. If the calculations match, the revenue is recorded and a charge for the tax amount due is created. If the revenues do not match, the system will indicate the correct calculations in red. The revenue may still be saved as was reported by the hotel operator or tax preparer, but the charge created will be based on the correct calculations. 2. Once the revenues have been recorded, the monthly tax remittance form is scanned into LaserFiche in the Utility Users' Tax folder, then into the corresponding sub -folder for the reporting period being remitted. Each service provider is assigned an account number; the scanned reports are saved into the folder for the corresponding reporting period and sorted by account number. City PiNPPAVIgil RFP No. 23-pba 77 AA94 196 (9) 3. A master spreadsheet is also maintained to show the UUT revenue remitted for every month and every utility category. This spreadsheet shows the revenues received for the current fiscal year period, as well as the previous fiscal year period to allow year-to-year comparisons. a. This master spreadsheet is regularly updated and saved in a shared directory (I:\UTILITY USERS TAX\UUT Monthly Stats) where it can be accessed by authorized staff members in the Tax & Licensing Section. b. The master spreadsheet is also used as a reconciliation tool to be matched up against revenue reported to Lawson as it contains the raw data as reported by the service provider or tax preparer. 4. In addition to the master spreadsheet, the UUT system also has the capability of generating financial reports: a. The `Monthly Audit Report' is a report that provides detailed payment information for all utility service providers, including reporting period, due date, amount paid, date payment was received and can be generated for any period entering specific parameters (Start Date and End Date). b. `Service Type Revenue Utility Users' Tax Report' which can be generated by entering specific parameters (Start Date, End Date and Service Type) and will provide the total payment amount(s) recorded in UUT for each individual service provider based on the utility service type. This is also used as a reconciliation tool in concert with the master spreadsheet. 5. The UUT Code provides for an exemption from the monthly UUT assessment for residents whose maximum income levels fall within the following parameters: Family Size Maximum Income Family Size Maximum Income 1 $ 14,300.00 4 $ 20,200.00 2 $ 14,300.00 5 $ 23,500.00 3 $ 16,900.00 6 or more $ 26,800.00 Plus $3,300.00 per person in excess of six Low Income Exemption applications are required to be filed by May 30t" of each year and take effect for the fiscal year beginning July 1. City PiNaPPAKil RFP No. 23-pba 78 PQ 196 (9) MONTHLY UTLITY USERS TAX REPORT ACC43UFR NUMBER REFORTtd6 PERIDD: VTILITY PRCMDER FLAME STREET &nDREBB: DV E 4 44=1 IU] :1lq&-1 91"I1•.2I6 7_ ORoaS GHA03ES:................................................................................................ # 2- LESS ALLDYN4ii FF CF-OLFMONE WTazEurn•4t RrJenue:..........................__________...............................______ 4. (BFTcU Oine•Non-Taxed:...................................................... ......... 4. 3_ TOTAL DEDIJ CT1ON8 iLYre hP us Liar B}:.__________....................___................__.............................._____. 4. TA)AELE DHLARGE(Lbe I nYnur Line 3k .................._______________________________.........._____________________________- S NET TAXJS.S%OfLbr4):..........__________.....................______________________________.........._______...__________ E, LATE PENALTIES 05%): ________.........._________..__________............ 7_ LATE NTEREBT LD.75% Rr mmthk...................... ............................................................. & TOTAL AMDVNT DUE (Sum of 111es5 trough 7k .......................... .............................. ........ ceclsre undw the peney of pequy, Mel inc ia•egotQ smlemenls are Ave, miTxl, and :cr•plele is Im bed or my YnWedge end be W. SIGNATURE 0FAUTFIOR0M AGENT TITLE NINE OFAU7HORMO A13ENT Wkme Pdrrt) TE-EFFONE 4UMBER FAX NUMBER LLV L BTATEMENTAND FhYMENTTO: -OfTY OF B.AMTh ANh VnLITY USERS TAX, LIA 5, PO SDX 19K SANTAAKAGA927{ "H A. GENERAL QUEST IDNB REaARDINO THIS FORM DR THE AFTILJTY USERS TAX SHOULD BE DIRECTED TO 914} fi47-544T. CITY OF SANTAANA �•' I' CfTY OF SANTALhNA II 20 CNCENTER CI3YTER PLJ4Z/5-PO EOiS 1954,iF15 SANMUNA, CALFDHNLA 9yTJgi-1%4 FHDNE NUMBER 914} E47-5W Busi ness Name Attention: First Last <<Mailing Addtess>> <<City, State, Zip Code: - ACCOUNT NUMBER UTILrrYPROYIDER NAME: STREETADDRESS: 4 REPORT NG PERIM DUE DATE: PAIDAMT [LME BABOVEY ❑o❑❑❑❑o❑o❑oo❑o❑❑❑❑ono❑❑❑❑o❑❑❑❑o❑o❑❑❑❑ono❑ FOR PROPOSERS' REFERENCE ONLY City PiNaPPAKil RFP No. 23-PO-5 79 049449§ 196 (9) EXHIBIT VI CITY OF SANTA ANA GENERAL HOTEL VISITORS' TAXATION OVERVIEW City of Santa Ana Hotel Visitors' Tax Monthly Tax Remittance Procedures I. Monthly Tax Remittance: 1. Hotel Visitors' Tax (HVT) is an 11 % tax charged by all hotel operators for any guest stay and remitted to the City on a monthly basis. HVT remittance is due on the last day of every month. 2. Monthly remittance tax forms are automatically generated based on the active HVT accounts registered in the HVT database (HVT system). Currently, there are 34 active accounts registered in the HVT system. 3. Monthly remittance tax forms are mailed to each hotel operator or designated tax preparer (see attached sample). II. Remitting and Processing Payments: 1. Most HVT payments are remitted via check, which is mailed in along with the completed remittance tax form; however, some hotel operators will come in person to remit payment at our cashier station and provide the completed tax form. 2. When the monthly remittance tax form is received, the reported revenue figures are verified for accurate reporting and calculation and recorded into the HVT system. The check is processed by Treasury Services remittance processor or can also be processed at the cashier counter with an accompanying billing statement. 3. Any discrepancies (overages, shortages, calculation errors, missing/wrong tax remittance form, etc.) will result in a letter to the service provider or tax preparer requesting to resolve the issue. Shortages and calculation errors or late payments that are postmarked after the last day of the month are subject to penalty and interest charges. a. Penalty charges are calculated at 10% of the tax amount owed b. Interest charges are calculated at 1.5% of the tax amount owed per month III. Remittance Tracking: 1. The revenues reported on the monthly tax remittance form are recorded into the HVT system. Once the revenue figures have been entered, the HVT system will calculate the fees to verify the information entered is accurate. If the calculations match, the revenue is recorded and a charge for the tax amount due is created. If the revenues do not match, the system will indicate the correct calculations in red. The revenue may still be saved as was reported by the hotel operator or tax preparer, but the charge created will be based on the correct calculations. 2. Once the revenues have been recorded, the monthly tax remittance form is scanned into LaserFiche in the Hotel Visitors' Tax folder, then into the corresponding sub -folder for the reporting period being remitted. Each hotel is assigned an account number; the scanned reports are saved into the folder for the corresponding reporting period and sorted by account number. 3. A master spreadsheet is also maintained to show the HVT revenue remitted for every month and every hotel. This spreadsheet shows the revenues received for the current fiscal year period, as well as the previous fiscal year period to allow year-to-year comparisons. a. This master spreadsheet is regularly updated and saved in a shared directory (I:\Hotel Visitor's Tax\HVT Monthly Stats) where it can be accessed by authorized staff members in the Tax & Licensing Section. City PiNPPAP19il RFP No. 23-pba 80 PQRW§ 196 (9) b. The master spreadsheet is also used as a reconciliation tool to be matched up against revenue reported to Lawson as it contains the raw data as reported by the hotel operator or tax preparer. 4. In addition to the master spreadsheet, the HVT system also has the capability of generating financial reports: a. The `Monthly Audit Report' is a report that provides detailed payment information for all hotels, including reporting period, due date, amount paid, date payment was received and can be generated for any period entering specific parameters (Start Date and End Date). b. The `Payment Summary' report is less detailed; however, it will give a cumulative total of the payments received from each hotel based on the parameters entered (Start Date and End Date). This differs from the `Monthly Audit Report' in that it does not give a breakdown of each payment received by a single hotel, for what reporting period and when the payment was received. c. Both of these reports are also used as a reconciliation tool in concert with the master spreadsheet. City PitYaPPAVIgil RFP No. 23-PO-5 81 I9Q4?1.912§ 196 (9) .11Z1WCC+',1:10)1ml NIII CCz;,lk0.4,419 Al ACCOUNT NUMBER REP4RTN€3 PERIOD: TO HGTELfMOTEL NAME'_ PAb1PEFrr9r ADDRESS: C4fE: SEE REVERSE SIDE OF 7HIS FORM FOR INSTRUCTIONS 1} TOTALNUYBE7t OFHOTELfMCTELRO7M8: R) TOTAL NU\A�ER OF:]OM5'NI-i PERhIANEHT RE8I0ENTS, .r.=rtgk..lxn FIERIAME TREUNNT—bn111C11011K-1h. H.�lih4ni I- GROSS RENT FOR ALL ROOMS................................................................................................................. 5 2. LE2BALLOWABLE13E13UG7KM: d Poet Flom Pemenent Reskerb {See 9487RUC-T13N X2a- as+ese sick d ENs lxm} ; GONernmelrl ErrploMExempIIom {See NBTRLOTICNX2b- reve-se mM d tNs lxm} i r_ Qther Exe:mYlons {See NBTRLOTICNX21-n-mse stle oT this b" ; ]L TOTAL OEDLIGT]ONB{Lkne A ptus Une Bills LireQ ...... .................................... i 4_ TAXA13LE IEWra Ohe 1 mhus Lire•3] ........ ................... ...... i 5- IETTAXjll%Of LFrt4j .............................................................. _....... ........................................... i NL LATEPENPL-nE8{10%) {See NBTRUOTICN XS- revesc skis afttls ib,mj .................. ............ € 7_ NTEREBT CH&RBE f1.3% Pc• Month} {See NBTRUOTICTt XS- resew skk of ltls iorm................... ............ 5 L TOTAL AMOUhR ELIE{Sum arLlnes 51rou0h 71—......... .............................................. ............... 5 Imawe under me pKwft'N ps", "me fampmv slgdeRJ m aye" m eq aTUcal74 we b me bemcirmykwwjadgeaTc m.Aw 810NATURE OF HOTEUMOTEL AUTHORIZED A13ENf PR/YT NALE OF HGTEUMOTEL.ALITMR12E0 AAEW DATE TIE EPHONE NUMEBt EXT- X h4UL STATEMENT AND PAYMEWTO: CITY OF aAINTAAK&HG7EL%nSrTC]RB TAX, LHS, Pa BDX 19K BANTA ANA4 Ch97N1-1 WA. GENERAL CKN=ONB REGARDING 71# FORM ORTFE EIOTEL VIBrrDRS TAX a44GUL13 BE GIRE=13 TC: t714] 647-54M. CITY OF SANTA ANA CITY OF 8 NTA ANA ,1 20 CWl, C>EITER FLi3A - Pa BDX 1964, M-15 r �{ BANTAhN& CALIFORNIARZK11 -IN4 'tiLtiiiiSi3a7� PHONE NUMBER FS41647i494 AF ACCOUN-NUMBED HOTELAMOTEL ✓MAkIE: PROPERTY ADDRESS: REPORTING PERIOD- TO DUE DATE: PAID AI IT (LINE a ABCV4 FOR PROPOSERS' REFERENCE ONLY City PitYaPtPi Nil RFP No. 23-po--g 82 AQ4 196 0 EXHIBIT VII CITY OF SANTA ANA GENERAL TOURISM MARKETING DISTRICT OVERVIEW City of Santa Ana Tourism Marketing District Monthly Assessment Remittance Procedures I. Monthly Assessment Remittance: 1. Tourism Marketing District (TMD) assessment is a 2% fee charged by all hotel operators with 70 rooms or more located within certain boundaries of the City and remitted to the City on a monthly basis. TMD remittance is due on the last day of every month. 2. Monthly remittance reporting forms are automatically generated based on the active TMD accounts registered in the TMD database (TMD system). Currently, there are 17 active accounts registered in the TMD system. 3. Monthly remittance reporting forms are mailed to each hotel operator or designated tax preparer (see attached sample). II. Remitting and Processing Payments: 1. Most TMD payments are remitted via check, which is mailed in along with the completed remittance reporting form; however, some hotel operators will come in person to remit payment at our cashier station and provide the completed reporting form. 2. When the monthly remittance reporting form is received, the reported revenue figures are verified for accurate reporting and calculation and recorded into the TMD system. The check is processed by Treasury Services remittance processor or can also be processed at the cashier counter with an accompanying billing statement. 3. Any discrepancies (overages, shortages, calculation errors, missing/wrong remittance reporting form, etc.) will result in a letter to the service provider or tax preparer requesting to resolve the issue. Shortages and calculation errors or late payments that are postmarked after the last day of the month are subject to penalty and interest charges. a. Penalty charges are calculated at 10% of the tax amount owed b. Interest charges are calculated at 1.5% of the tax amount owed per month III. Remittance Tracking: 1. The revenues reported on the monthly remittance reporting form are recorded into the TMD system. Once the revenue figures have been entered, the TMD system will calculate the fees to verify the information entered is accurate. If the calculations match, the revenue is recorded and a charge for the amount due is created. If the revenues do not match, the system will indicate the correct calculations in red. The revenue may still be saved as was reported by the hotel operator or tax preparer, but the charge created will be based on the correct calculations. 2. Once the revenues have been recorded, the monthly remittance reporting form is scanned into LaserFiche in the Tourism Marketing District folder, then into the corresponding sub -folder for the reporting period being remitted. Each hotel is assigned an account number; the scanned reports are saved into the folder for the corresponding reporting period and sorted by account number. 3. The TMD system also has the capability of generating financial reports: a. The `Monthly Audit Report' is a report that provides detailed payment information for all hotels, including reporting period, due date, amount paid, date payment was received and can be generated for any period entering specific parameters (Start Date and End Date). b. The `Payment Summary' report is less detailed; however, it will give a cumulative total of the payments received from each hotel based on the parameters entered (Start Date and End Date). This differs from the `Monthly Audit Report' in that it does not give a breakdown City PiNaPPAKil RFP No. 23-pba 83 0494 196 (9) of each payment received by a single hotel, for what reporting period and when the payment was received. City PitYaPPAVIgil RFP No. 23-PO-6 84 AQ 196 (9) MONTHLY 5ANTA ANA TOURISM MARKETING DISTRICT ASSESSMENT REPORT ACODU T NUM99R' REP{HT NG PERIXc TO HOTEUMOTE1 NMIE PROPERTY'ADDFE 2: CUE: SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS TOTAL NUMBER OF HX0JL+OTEL ROOMS: B) TOTAL NUMBER OF ROOMS WMIPER"EHTRESIDENT& ¢tra.r� aa�daca wxort aooexr �. srararr_�ox a �it�r .rai,r1onp I. GROS3RENT'ORALLROGMB..................................... ...... _............................................ 2. LM2ALLCWABLEDE0LW=NZk IL Rcrt=rom Perr)mmtRcskkTb {S6L NBTRLr-TK)N XZj- rexrt 3ltlr A Ns lurmf 9 bh Godrynm" E"pk y e E3empticra {Nce NSTAUCTON X2D- reterse side d Ns lurm} # 3_ T0TALDEOUCr NB ILkwAplra LLKE] ........ ...._......................... Tr 4. ASSESSABLE REN`TB;LHe 1 rrirus LMe3} -. ......................... .................. I S. PERCENrAGE RATE -C LLCULA7LDN G% ♦ FLkm 41-.................................................... ................ i ¢, LATE PEALNLMES {i M) .,Sec NSTRUG-=N X6 - �Yv SHE a'Nh iumj .............. ........ 3. NTERESTCFLSRGE[i.�%PermGM fte NSIRUGTION%6- 2Vemo- slde ce ttts lum] .............. ........ ; S. TOTAL AMD4JNT CUE pum of Llxs `- Brough 7] ............................ ......................... i r, aLViufaed agler.2 07ie hc&017WEe, dec43m updLY th Felfaly oiFpe", that tlfe IlhTgno V uWMErlis dfe bTee. correct, aW corr**-tE f2b* bev or my kluffkdge aqd mw.. SIGNATURE PRP T NAME TELEPHONE NUMBER Exr.x Mal stabe pert and paimud ln: CR{o"3anta Ara, Tbulsm M&ImUnp[NsM Assesm-eft.M-1E, PO GorI N1, Saran Ana, G49ZMl-1%4. For general querbxa regardnp thls bm .calf(714r&L-S449. Gxs5repsrdtg the3anta Ana Tatt.m Markettg DlsWd Asseamerl sFti be dOertd to-:rM) E47-S3SS. x9,d`D�F, CITY OF SANTA ANA r. •5 CM OF SAWrALANA 213 OND-2 OBITEi PLAZA -PO BOX 19U. MIS SANfAAKA, C,aLFDRINLA 927M-ISE4 PHIOIVE NU7ABER I-M)647iN9 n SANfAANATOURISM WLRKETING DISTRICT ASSESSMENT i ACCCRINT NUMEER HOTELAK)TEI NAME: PROPERTYADDRES3: REPORTING PERIOB. TO DUE DXn� MD AW (LINE C ABOVE): FOR PROPOSERS' REFERENCE ONLY City PitYaPtPi Nil RFP No. 23-po--g 85 AQ4WPo� 196 (9) EXHIBIT VIII CITY OF SANTA ANA PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) Below is a brief overview of the City of Santa Ana's PREP Program — Chapter 8 Article X Division 2 of the Santa Ana Municipal Code. (Note: the PREP is a program administered by the Planning and Building Agency, Code Enforcement Division but utilizes the Business Tax System (BTS) for billing and customer service information (CSI) purposes.] The current Business Tax System carries a one to one account ratio between PREP accounts and its corresponding "residential rental" type Business Tax account. Purpose • Currently, the City has 7,225 PREP accounts accounting for 34,638 residential units and 35 Gold Seal accounts for 4,437 units. • PREP involves an inspection of residential rental units to ensure acceptable standards of zoning, building, and fire code compliance. The purpose of the PREP inspection is to promote public health and safety for occupants living in residential rentals within the City of Santa Ana through effective code enforcement of the Santa Ana municipal code. Practice of this program reduces safety hazards for occupants by identifying and correcting code violations within the building structure, including, plumbing, heating, and electrical systems. The PREP and Gold Seal Incentive Program new ordinance became effective July 1, 2016 (Ordinance No. 2898). Fees • PREP is currently assessed at $29.00 per unit, annually. • All Residential Rentals are required to have a PREP account along with their Residential Rental Business License; PREP accounts are created jointly with Residential Business licenses. • The fee billing period for PREP is from July 1st — June 30th, with a due date of June 30tn • Fees are not prorated. • Any payment received after the due date without a postmark will be assessed past due penalties from the following penalty and interest fee structure: 0 1st Month's Delinquency: = $ 10.00 or 10% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 2nd Month's Delinquency: = $ 15.00 or 15% of the unpaid tax (whichever is greater), and 0 1 % interest on unpaid tax, plus 0 3rd Month's Delinquency: = $ 25.00 or 25% of the unpaid tax (whichever is greater), and 1 % interest on unpaid tax, plus 0 4th Month's Delinquency: = $ 50.00 or 50% of the unpaid tax (whichever is greater), and 1 % interest on the merged balance, plus o An additional 1 % interest on the merged balance continuing for each month thereafter Inspection • The property is inspected once every four years, unless, exempt from inspection by the division. • Inspections consist of 3 different inspection levels with a standardized checklist applicable to all inspection levels: o Level One Inspection: only the exterior of the property will be inspected; violations may include: trash, poor landscaping, lack of paint, unapproved exterior alterations. o Level Two Inspection: may be used to inspect multi -family homes exterior, common areas, and 20% of selected units. City PiNPPAVIgil RFP No. 23-pba 86 049AW§ 196 (9) o Level Three Inspection: interior inspection of multifamily or single family properties. INTEKIOK LOT ATTACHED GARAGE NOT FACING STREET N I _property line ` rear yard min. 1 f'1 I'10u5e 1 twOyGar 1 lana5cape garage 23'-0 1 minimum driveway in. I � front yard MAX. AL I l parkway Street Notice of inspection results are mailed to the property owner's address within 30 days of inspection. If a property owner is to receive Notice of Violation, Administrative Citation or Notice and Order, they are to correct all noted violations before the compliance due date listed on the Notice of Violation, Administrative Citation or Notice and Order to avoid citations or penalties and interest. The owner must obtain applicable permits and pay permit fees and citations prior to receiving final City approval of compliance. SAMC CHAPTER 6— SINGLE-FAMILYRESIDENTIAL GUIDELINES (ONE -AND TWO-FAMILY UNITS) Figure 6-54d. Examples of parking, access and circulation configurations Exemptions • Legal units or rooms rented to single individuals in an owner occupied single family residence. • Immediate family members who are renting the residential unit and whose cost of rent does not exceed the cost of maintaining legal ownership. • Approved Gold Seal Incentive Program residential rental (Program having met excellence in property maintenance; must be approved and valid for only 4 years) FOR PROPOSERS' REFERENCE ONLY City PiNPPAIIgil RFP No. 23-pba 87 049A 196 EXHIBIT IX SANTA ANA MUNICIPAL CODE -CHAPTER 21 LICENSES Chapter 21 LICENSES' ARTICLE L DEFINITIONS Sec. 21-1. Short title; purpose -Defined. This chapter shall be known as the "Business License Tax Code." It is enacted solely to raise revenue for municipal purposes and is not intended for regulation. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-2. Definitions -General. Whenever any words or phrases used in this Chapter are not defined herein but are defined elsewhere in this Code, such definitions are incorporated herein and shall apply to such words and phrases used in this Chapter unless the content clearly indicates a different intent. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-3. Definitions -Specific. As used in this Chapter, the following words, terms, or phrases shall have the meaning hereinafter set forth: Annualization shall mean an estimation, extended for a twelve (12) month period, based on reported gross receipts for a prior period of less than twelve (12) months. 'Editor's note(s)-Ord. No. NS-1922, adopted July 20, 1987, amended Ch. 21 in its entirety to read as herein set out. Formerly Ch. 21, consisted of §§ 21-1-21-10, 21-21-21-27, 21-39-21-57, 21-69-21-72, 21-72a-21- 72d, 21-72f-21-72h, 21-72j, 21-72k, 21-72p, 21-72r-21-72t, 21-72w, 21-73, and 21-74, pertained to similar subject matter and derived from 1952 Code §§ 4118, 6100, 6110, 6110.1, 6110.2, 6111, 6113-6116, 6116.1, 6116.2, 6116.4, 6116.5, 6117, 6120, 6120.1-6120.4, 6121, 6122, 6122.2, 6123, 6124, 6124.2-6124.4, 6125, 6125.1-6125.3, 6126, 6130, 6131, 6350, 6351.1, 6358.1-6358.3, 6358.5, 6358.6, and 6390.7, and the following: Ord. No. Section Date Ord.No. Section Date NS-118 7-18-SS NS-1237 13 5-12-75 NS-545 1-16-61 NS-1239 1 12- 9-74 NS-718 1 2-17-64 NS-1401 1,2 1- 3-78 NS-766 1 12-21-74 NS-1690 1-16 7- 5-83 NS-815 1 8-16-65 NS-1754 1,2 12-17-84 NS-1176 2-4 11-19-73 NS-1823 1 12-16-85 NS-1235 3 12- 9-74 NS-1850 1 7- 7-86 Cross reference(s)-Firearms sales, § 10-500 et seq. City PiNaPPAKil RFP No. 23-PO-5 88 0Q 196 Applicant shall mean any person who applies for a license or a license renewal under the provisions of this Chapter. Automobile dismantler shall mean any person who has an established place of business and is engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered pursuant to Section 220 of the California Vehicle Code, as the same now exists or as hereafter amended, for the purpose of dismantling the same, who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts. This section does not apply to the occasional and incidental dismantling of vehicles by dealers who have secured dealers' plates from the California Department of Motor Vehicles and whose principle business is buying and selling new and used vehicles, or by owners who desire to dismantle not more than three (3) personal vehicles within any twelve (12) month period. Builder -owner shall mean any person employing subcontractors, specialty contractors, general engineering contractors, or workers under his or her supervision and direction by the hour or day, for the purpose of constructing improvements on real property owned by him or her within the city; such person shall be taxed herein the same as a contractor unless his or her only building activity is constructing on his or her property a single family dwelling unit or addition thereto which will be used in whole or in part for the purpose of his or her own occupancy for a period of not less than one year. Proof of the sale or offering for sale of any such structure by the builder -owner within one year after completion of same is presumptive evidence that such structure was undertaken for purpose of sale. Provided, however, that any person holding a state contractor's license pursuant to Sections 7056, 7057, and 7058 et seq. of the California Business and Professions Code, as the same now exists or as hereafter amended, shall be considered a contractor. Building and loan shall mean any person who for a fee engages in the loan of money upon personal security, automobile, or any personal property, evidences of debt, or purchases automobile contracts, commercial paper, assignments of salary, salary warranty, salary demands, time checks, or other evidences of salary due or to become due, or automobile paper. The term building and loan as used in this Chapter includes savings and loans, but does not include pawnbrokers or the holder of a bond brokers license, or any person conducting a banking business under the laws of the state or any person subject to the state corporate income tax as a financial corporation. Building -tradesman shall mean any person engaged within the city as an independent contractor in any trade, art, calling, avocation or occupation of the building trades and not licensed as a contractor by the state. Business shall include all activities engaged in or caused to be engaged in within the city, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, including rental of residential or commercial real estate, and every other kind of activity whether or not carried on for gain or profit, and whether or not engaged in as a principal or as an independent contractor, but shall not include the services rendered by an employee to his employer. Business license receipt shall mean the receipt required to be posted or displayed as evidence of a business' payment of the tax required by the provisions of this Chapter and shall herein be referred "license receipt" or "license" except as otherwise specified. Business license tax shall mean the privilege tax paid as required by the provisions of this Chapter and shall herein be referred to as "business or license tax" or "fee" except as otherwise specified. Charge shall mean any fee fixed herein which is intended solely to cover the reasonable administrative cost incurred in performing any specified act on behalf of any person or at any person's request for which said person shall be liable except as otherwise specified hereinafter. Coin -operated machine or device shall mean any machine or device that dispenses a product, or provides a service, or utility or amusement; resulting from insertion or use of a coin, slug, token, plate, disc, plug, key, check or other device, or money, or thing of value. Collector shall mean the finance director or other city officer charged with the administration of this Chapter. City PiNaPPAKil RFP No. 23-pba 89 OQ4 196 Commission agent, broker or merchant shall mean any person engaged in the business of buying and selling of goods, wares, or merchandise for the owner or consignee thereof for a fee or commission, whether or not the operation of such business customarily includes the actual possession, custody or control of goods, wares or merchandise to the extent that such person (1) does not engage in the business of manufacturing, refining, fabricating, milling, treating or other processing of the goods, wares or merchandise bought and sold, and does not cause said goods, wares or merchandise to be manufactured, refined, fabricated, milled, treated or otherwise processed; (2) does not obtain or retain title to said goods, wares or merchandise except during one or more of the following situations: while such goods, wares or merchandise are actually in transit, or for short periods of time before transportation commences or after it ceases; and (3) does not store or warehouse such goods, wares or merchandise except during one or more of the following situations: while such goods, wares or merchandise are actually in transit, or for short periods of time before transportation commences or after it ceases. Contractor shall mean any person who is licensed as a contractor by the State of California and who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does himself or by others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The term contractor as used in this Chapter includes general engineering contractor, general building contractor, specialty contractor and subcontractor except as otherwise specified herein. Cost of doing business shall mean that amount which is equivalent to the volume of business performed, where the business of any local office, facility, agent, broker or employee is that of performing administrative or management related services in connection with sales or services performed or rendered elsewhere. Said amount shall be computed by determining the total cost of maintaining said local office, facility, agent, broker or employee. Said total cost of maintaining said local office, facility, agent, broker or employee shall include, but is not limited to, the wages, salaries, commissions, bonuses, rent, and/or depreciation, telephone, postage, utilities, janitorial and other expenses allocated for maintenance of said office, facility, agent, broker or employee. Cost of said premises shall mean that amount which is equivalent to the cost directly related to maintaining any single-family residential rental property or other undivided single residential rental premises where said cost is shared between the owner or leaseholder and any other individual or individuals as co -residents or where said cost is borne by an immediate relative related by blood, adoption or marriage as resident. The term immediate relative as used herein shall be limited to the following classes of individuals: mothers and fathers, grandmothers and grandfathers, sons and daughters, grandsons and granddaughters, brothers and sisters, and husbands and wives. Said amount shall include, but is not limited to: mortgage costs, title and homeowner property insurance premiums, property taxes, homeowner or condominium association costs; other costs or expenses arising from contractual obligations relating to maintaining ownership or leasehold interest in said premises; and the cost of utilities, maintenance or other related services for which the owner or leaseholder is liable. Disabled veteran shall mean any honorably discharged member of the armed forces of the United States, who is physically unable to obtain his livelihood by means of manual labor and who is a qualified voter of the state. Employee shall mean all individuals who are engaged in the operation or conduct of any business and whose consideration for services rendered is in the form of a regular salary or wage. Engaged in business shall mean the transacting and carrying on, managing or operating of a business whether done as owner or by means of an officer, agent, manager, employee or lessee. Fixed place of business shall mean the premises primarily occupied for the particular purpose of conducting the business thereat and regularly kept open for that purpose with a competent person in attendance for the purpose of attending to such business, except that an auto -car wash, auto-laundromat or similar self-service business shall be considered a "fixed place of business" whether or not anyone is in attendance, and a warehouse shall be considered a "fixed place of business" whether or not anyone is in attendance and whether or not the premises is regularly kept open. City PiNaPPAKil RFP No. 23-pba 90 PQ 196 Flat rate or flat rate tax shall mean a fixed amount assessed per business location or, alternatively, a fixed amount assessed for the privilege of engaging and transacting in business activity within the city from place to place. General contractor shall include any general building contractor or general engineering contractor or any other person who is licensed pursuant to Sections 7056 and/or 7057 of the California Business and Professions Code as the same now exists or as hereafter amended. Gross receipts shall include the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. The following shall be included in "gross receipts": all receipts, rents, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of property sold, the cost of materials used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever. The following shall be excluded from "gross receipts": (a) Cash discounts allowed and taken on sales; (b) Credit allowed on property accepted as part of the purchase price and which property may later be sold; (c) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; (d) Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; (e) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them, other than amounts received as commissions or fees earned, or charges of any character made or compensation of any character received for the performance of any service as agent or trustee; provided that any agent or trustee dealing in stocks or other similar written instruments evidencing a right to participate in the assets of any business, or dealing in bonds or other evidences of indebtedness, who also deals in such property as a principal, shall include in the gross receipts by which the tax is measured the amount of his or her trading profits resulting therefrom. No deduction from receipts attributable to trading as a principal shall be made unless such deduction is provided for in this section; (f) The difference between the balance owed and paid on a defaulted purchase or finance contract upon repossession by seller and the amount received from resale of the repossessed article by the repossessing seller; (g) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded; (h) As to alcoholic beverages, that portion of the receipts of a manufacturer, transporter, retailer or wholesale distributor generated or otherwise collected from the manufacture, transport, retail or wholesale of intoxicating liquors within the state pursuant to Article XX, Section 22 of the State Constitution; (i) As to a retail gasoline dealer, a portion of his or her receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the State Revenue and Taxation Code, as the same now exists or as hereafter amended; City PiNaPPAKil RFP No. 23-PO-5 91 OQ4?A2(§ 196 (j) As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code, as the same now exists or as hereafter amended, if paid by the dealer or collected by him or her from the purchaser; (k) Cash value of sales, trades, transfers or other transactions as made between separate departments, divisions or units of any single business entity; (1) Sales for convenience where sales of new goods, wares or merchandise are made by a person engaged in selling such articles to another person engaged in selling like or similar articles: (1) Where the primary purpose of the particular transaction of sale is to accommodate the purchaser rather than to make a sale in the ordinary course of business and the price paid is essentially the book value of the article; (2) Where, in the particular kind of business involved, a similar manner of dealing is frequent or customary in the circumstances under which the particular sale is made; and (3) Where goods, wares or merchandise of like or similar kind and of substantially equivalent value to that which was sold is received in consideration. As to general contractors and other similar businesses, "gross receipts" shall not include that portion of the receipts of a general contractor which represents payments to subcontractors, provided that such subcontractors are licensed under this Chapter and provided the general contractor furnishes the collector upon request with the names and addresses of the subcontractors and the amounts paid to them. As to bail bond brokerages, commission agent brokerages, mortgage brokerages, real estate brokerages, securities brokerages, travel agencies, and other similar businesses employing agents, brokers and/or commissioned employees, "gross receipts" shall include the total gross commissions or other receipts attributable to the local office, agents, brokers and/or employees. As to accountants, architects, attorneys, chiropractors, doctors, dentists, optometrists, podiatrists, psychologists, veterinarians and other professionals, either practicing solely or in partnership or as a professional corporation, "gross receipts" shall include the total gross fees or other receipts attributable to services performed or otherwise rendered within the city. As to other persons having a fixed place of business within the city and providing a service or plying an occupation or trade or involved in similar businesses, "gross receipts" shall include the total fees, commissions or other receipts attributable to that local location and/or employees. As to a business established outside the city but maintaining a local office or establishment or facility, within the city through an agent, broker or employee, "gross receipts" shall include the total sales or receipts attributable to the local office or establishment or facility, agent, broker or employee. As to a business established outside the city but transacting and carrying on business within the city, or otherwise performing or rendering services negotiated or contracted for within the city, whether or not by a principal or through an agent or employee, "gross receipts" shall include the total fees, commissions or other receipts attributable to the business activity conducted. As to any business, whether established within or established outside the city, in the event separate sales or receipt records are not maintained for a local office or establishment or facility, agent, broker or employee, or in the event any retailing, wholesaling, manufacturing or processing activity conducted thereat does not generate gross receipts as hereinabove defined, or in the event said local office or establishment or facility, agent, broker or employee is engaged in providing administrative or management related services, to include, but not limited to, record keeping, data processing, research and development, advertising, public relations, personnel administration or legal services, in connection with sales or services performed or rendered elsewhere, the business tax shall be based upon an amount which bears the same proportion to the total gross receipts of the business which cost of maintaining said local office, facility, local agent, broker or employee bears to the total cost of maintaining said City PiNaPPAKil RFP No. 23-PO-5 92 OQ 196 business. Alternatively, at the election of an applicant or licensee, the business tax may be based on an amount equivalent to the cost of maintaining said business without reference to the total gross receipts of the business. As used herein the phrase "cost of maintaining said business" shall have the same meaning as "cost of doing business". Independent contractor shall mean any natural person other than a state licensed contractor, who is engaged to aid in the business of any other person, whether as a professional as defined hereinbelow or whether pursuant to any license, certificate or registration authorized by the California Business and Professions Code, as the same now exists or as hereafter amended, or whether with regard to any other trade, skill or occupation, and who receives remuneration either through commission or pursuant to any contract of employment which excludes regular wages or salary, or in any other manner other than through regular wages, salary or a direct participation in the profits of the business. Insurance agent shall mean any person, including bailbond agents, directly authorized by and on behalf of an insurer to transact insurance and to bind the insurer in the execution of insurance policies. Insurance broker shall mean any person, including bailbond brokers, who, for compensation and on behalf of another person, transacts insurance other than life with, but not on behalf of, an insurer. Insurance solicitor shall mean a natural person employed to aid an insurance agent or insurance broker in transacting insurance other than life. Itinerant merchant shall mean any person who engages in a temporary or transient business in the city, selling or offering for sale goods, wares, merchandise or things or articles of value, with the intention of conducting such business in the city for a period of not more than ninety (90) days in any calendar year and who, for the purpose of carrying on such business, hires, leases or occupies any room, doorway, vacant lot, building or structure for the exhibition or sale of goods, wares or merchandise, or who associates temporarily with any local dealer, trader, merchant or auctioneer, or who conducts such temporary or transient business in connection with or as a part of or in the name of any local dealer, trader, merchant or auctioneer. Junk collection shall refer to the use of any vehicle by any person for the purpose of traveling from place to place or from street to street to purchase and collect any rags, bottles, papers, cans, metals or other junk. Junk dealer shall mean any person having a fixed place of business in the city engaged in the business of buying or selling, either at wholesale or retail, any rags, bottles, papers, cans, metals or other junk. Junk salvager, junk collector or junk recycler shall mean any person at a fixed place of business in the city engaged in the business of carrying on or collecting, buying or selling at either retail or wholesale or otherwise dealing in junk and/or rubbish, waste material, refuse and/or any rags, sacks, bottles, papers, cans, metals, rubber, cordage, tires and other like articles, whether the same can be sold or otherwise disposed of for the purpose of being treated, repaired or prepared so as to be used again in some other form. Junk yards, automobile wrecking yards, and salvage yards shall include any space of two hundred (200) square feet or more of area of any lot used for the storage, sale, keeping or abandonment of inoperable vehicles, junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof, other than an impound yard. Leaseholder or leasehold interest as applied to any real property shall mean any person who possesses or shares an estate in realty held under lease. As applied to any dwelling, building, structure, premises or portion thereof located on such real property, the term "leaseholder" and/or "leasehold interest" shall mean any person who possesses or shares in a contract for exclusive possession or control of any such dwelling, building, structure, premises or portion thereof for a limited time. Leaseholder -lessor as applied to commercial or residential real estate shall mean any person who, while in possession of a leasehold or leasehold interest in any commercial or residential real estate, acts as a lessor by City PiNaPPAKil RFP No. 23-PO-5 93 OQA 196 engaging in the subleasing, subletting, providing, exchanging or trading of any such real property, dwelling, building, structure, premises or portion thereof without loss of leasehold. Licensee shall mean any person who holds a valid, current business license issued to that person under this Chapter. Life agent shall mean any insurance agent authorized, by and on behalf of a life, disability or life and disability insurer, to transact life, disability or life and disability insurance. Life and disability insurance analyst shall mean a person who, for a fee or compensation of any kind, paid by or derived from any person or source other than an insurer, advises, purports to advise, or offers advice to any person insured under, named as a beneficiary of, or having an interest in, a life or disability insurance contract, in any manner concerning that contract or his or her rights in respect thereto. Manufactureor process shall embrace all the activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different or useful article of tangible personal property or substance of trade or commerce is produced and shall include the production or fabrication of specially made or custom made articles. Manufacturer shall mean any person who, directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from his or her own materials or ingredients any articles, substances or commodities. Owner, ownership, or ownership interest as applied to any real property shall include the legal property owner of record as recorded by the office of the county assessor and in addition thereto shall include, whether recorded or unrecorded, any owner, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, copartnerships of the whole or of a part of such real property, or a person having an interest in community property as a member, or former member, of the community. As applied to any dwelling, building, structure or premises located on such real property the term "owner," "ownership," or "ownership interest" shall include the legal owner, and in addition thereto shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, copartnerships of the whole or of a part of such dwelling, building, structure or premises, or a person having an interest in community property as a member, or former member, of the community. Owner -lessor as applied to commercial or residential real estate shall mean any person who, while an owner or while having an ownership interest in any commercial or residential real estate, acts as a lessor by engaging in the leasing, renting, providing, exchanging or trading of any such real property, dwelling, building, structure, premises or portion thereof without loss of ownership. Pawnbroker shall mean any person conducting, managing or carrying on the business of loaning money either for himself or herself or for any other person, upon any personal property, personal security, or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon. Nothing in this section shall be deemed to apply to the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the state or of the United States. Peddler shall mean any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, service or thing in possession of the seller, at any place in the city other than at a fixed place of business, and shall include any person who sells or offers for sale any food or produce from a pushcart or other nonvehicular device but shall not include salespersons or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies. Person shall include, without limitation, all domestic and foreign corporations of any kind, all firms and companies (holding, joint stock, private, public, parent, pass -through, professional, operating, operating property, non-profit, subordinate and subsidiary), partnerships of every kind including but not limited to (general partnerships, limited partnerships, master limited partnerships, limited liability partnerships, limited liability City PiNaPPAKil RFP No. 23-pba 94 0Q 196 limited partnerships, professional partnerships, and publically traded partnerships), private trusts, Massachusetts business or common law trusts, real estate investment trusts, royalty trusts, estates, associations, syndicates, clubs, joint ventures, unincorporated business organizations, limited liability companies of every kind including but not limited to (sole member limited liability companies, multi member limited liability companies, non-profit limited liability companies, and series limited liability companies), cooperatives, all other types of business entities defined or authorized under federal and state laws, receivers, trustees, guardians or other representatives appointed by order of any court, and any natural individuals transacting and carrying on any business in the city other than as an employee. Premises shall include all lands, buildings, accessory buildings or structures erected or modified, equipment and appurtenances connected or used therewith, and any personal property affixed to or otherwise used for the purpose of transacting and carrying on any business on such premises. Processor shall mean any person engaging in the business of converting an article, substance or commodity into marketable form for the purpose of resale by changing its physical form or chemical composition. Professional shall mean any person, including any professional corporation, wherever located, engaged in or carrying on within the city any profession requiring satisfactory compliancy with written and/or oral examination standards adopted by a branch of the state or federal government and/or requiring a certain amount of tenure with such branch of government; such professions to include but not be limited to: architect (all types), attorney, accountant (all types), audiologist, chiropractor, clinical social worker, dentist, drugless practitioner, electrologist, engineer (all types), geologist, herbalist, marriage, family and child counselor, mortician, naturopath, optician, optometrist, osteopath, physician (all types), podiatrist, psychologist, registered nurse (as shareholder in a professional corporation), speech pathologist, surveyor, veterinarian. Professional corporation shall mean any corporation organized under the California General Corporation Law which is engaged in rendering professional services in a single profession, or as otherwise authorized pursuant to Section 13400 et seq. of the California Business and Professions Code, as the same now exists or as hereafter amended, and which in its practice or business designates itself as a professional or other corporation as may be required by statute. Property or real property as applied to commercial or residential real estate shall mean recorded assessor's property parcel, as identified by county assessor's parcel number. Real estate agent shall mean any person licensed as such by the state and engaged wholly or in part in transacting and carrying on the sale of real estate. Real estate broker shall mean any person licensed as such by the state and engaged wholly or in part in transacting and carrying on the sale of real estate including soliciting or offering to buy, sell or lease real property for others; negotiating and collecting loans for borrowers or lenders; dealing in real property sales contracts and promissory notes; receiving advance fees for real estate listings; and dealing in real estate syndicate securities. Real estate developer shall mean any person conducting, managing or transacting and carrying on the business of acquiring, subdividing, improving, selling, renting and otherwise dealing in and disposing of or developing real property for commercial, industrial, residential or nonresidential purposes including, but not limited to, one who constructs improvements upon real property for commercial, industrial, residential or nonresidential purposes with the object of selling, renting or developing it for his or her own use. Recreational services shall mean any person engaged in the business of providing facilities for recreational use; such services to include, but not be limited to: amusement machine arcades, bowling alleys, driving ranges, golf courses (including miniature), motion picture theaters (including drive-in), pool halls (including billiards and snooker), riding stables, skating rinks, social clubs, sports clubs (including spas, health clubs and conditioning gyms), swimming pools and tennis and racket clubs. Rental of commercial real estate shall include every person, whether as an owner -lessor or leaseholder - lessor, engaged in the business of leasing, renting, subleasing, subletting, providing, exchanging or trading without City PiNaPPAKil RFP No. 23-pba 95 OQ 196 loss of ownership or leasehold any real property, dwelling, building, structure, premises or portion thereof for industrial, commercial, office, warehouse or other entrepreneurial uses or purposes other than for the immediate use or purpose of dwelling, sleeping, lodging or general residency. Provided, however, that the leasing, renting, subleasing, subletting, providing, exchanging or trading without loss of ownership or leasehold of any real property, dwelling, building, structure, premises or portion thereof to another for the purpose of their independent commercial operation of an apartment building, apartment house, boarding house, guest house, mobile home park, nursing home, residential care facility, rooming house, or hotel or motel thereat shall be deemed to constitute a rental of commercial real estate. The license tax for the rental of commercial real estate shall be assessed per property, and liability for said tax shall be determined by owner's -lessor's ownership of, or leaseholder's-lessor's leasehold interest in, said property. Independent property management agents acting for property owners -lessors or property leaseholder - lessors are responsible for payment of the license tax on the rental of such property, if the owner -lessor or leaseholder -lessor of said property has not paid the tax when due and payable and, in addition, are subject to the license tax as a separate business. Provided, however, that where any one dwelling, building, structure or premises is comprised of one (1) or more contiguous properties, then the owner -lessor or leaseholder -lessor owning or controlling said building, structure or premises may, upon submission of acceptable documentary proof thereof, obtain a single consolidated business license tax assessment. Further provided that where an owner -lessor or leaseholder -lessor owns or controls two (2) or more separate buildings, structures or premises located on the same property, or two (2) or more buildings, structures or premises located on separate but contiguous properties, then the owner -lessor or leaseholder -lessor owning or controlling said buildings, structures or premises may, upon submission of acceptable documentary proof thereof, obtain a single consolidated business license tax assessment. Rental of residential real estate shall include every person, whether as an owner -lessor or leaseholder -lessor, engaged in the business of leasing, renting, subleasing, subletting, providing, exchanging or trading without loss of ownership or leasehold any real property, dwelling, building, structure, premises or portion thereof, except for any hotel or motel, for the immediate purpose of dwelling, sleeping, lodging, boarding or other such occupancy, accommodation or general residency. The license tax for the rental of residential real estate shall be assessed per property, and liability for said tax shall be determined by owner's -lessor's ownership of, or leaseholder's-lessors's leasehold interest in, said property. Independent property management agents acting for property owner -lessors or property leaseholder - lessors are responsible for payment of the license tax on the rental of such property, if the owner -lessor or leaseholder -lessor of said property has not paid the tax when due and payable and, in addition, are subject to the license tax as a separate business. Provided, however, that where any one dwelling, building, structure or premises is comprised of one (1) or more contiguous properties, then the owner -lessor or leaseholder -lessor owning or controlling said building, structure or premises may, upon submission of acceptable documentary proof thereof, obtain a single consolidated business license tax assessment. Further provided that, where an owner -lessor or leaseholder -lessor owns or controls two (2) or more separate buildings, structures or premises located on the same property, then the owner -lessor or leaseholder -lessor owning or controlling said dwellings, structures or premises may, upon submission of acceptable documentary proof thereof, obtain a single consolidated business license tax assessment. Nothing in this section shall be construed to require the payment of a business license tax where any owner or leaseholder resides in a single-family residence or other undivided single residential rental premises and participates with one (1) or more other co -residents in the shared cost of said premises. Neither shall this section be construed to require the payment of a business license tax for the rental of a single-family residence or other undivided single residential rental premises as between an owner or leaseholder and any individual immediately related by blood, adoption or marriage to said owner or leaseholder, where the remuneration rendered to said owner or leaseholder does not exceed the cost of said premises. City PiNaPPAKil RFP No. 23-pba 96 AA94 196 Eligibility for the business license fee exemption herein provided is restricted to owners or leaseholders who are natural persons and whose ownership of or leasehold interest in said residential rental property is undivided. An owner or leaseholder claiming a license fee exemption hereunder shall have the burden of furnishing to the collector such information as the collector may require to support the claim of eligibility for exemption. Nothing in this section shall be construed to relieve any person who is eligible for or claims to be eligible for exemption from payment of any required residential rental property business license fee from the requirement to obtain said business license in the same manner and at the same time as is required under the terms of this Chapter of all other persons applying for a business license, and such person shall be subject to the same procedures for enforcement and for penalties as provided herein. Rental unit shall mean the smallest accommodation for which a fee is charged or received. Retailer shall mean any person engaging in the business of selling goods, wares or other merchandise to consumers or end -users thereof. Revenue officer shall mean the duly authorized agent of the collector charged with assisting the collector in the exercise of the duties imposed upon him or her hereunder. Sale shall include the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law. Sale at retail and retail sale shall mean every sale of tangible personal property (including articles produced, fabricated or imprinted) other than sale to one who (1) purchases for the purpose of resale as tangible personal property in the regular course of business, or (2) purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component, or as a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale. Sale at wholesale and wholesale sale shall mean any sale of tangible personal property which is not a "sale at retail." Sales otherwise classified hereinabove as "retail sales" may, nevertheless, be classified as "wholesale sales" under this section, if the vendor can establish to the satisfaction of the collector that the sale was made to a government agency, public utility, manufacturer, processor or contractor who consumed the articles in the course of his or her own operations and did not offer the articles for resale to the general public except as an integral part of manufacturing, construction or service. Service fee shall mean a fixed fee, specified by resolution of the city council, which is intended solely to cover the reasonable administrative costs incurred in redeeming dishonored or stopped payments, in performing audits, collections, inspections, investigations, and the administrative enforcement of this Chapter and adjudication thereof. Services shall mean the business of providing, maintaining or performing labor for the benefit of another within the city; of supplying some general demand for the benefit of another within the city which does not produce a tangible commodity; or furnishing of services and all activities in which any person for any other person performs any personal service and all services in which any real or personal property, stocks or bonds, or other financial instruments or evidences of debt, or contracts of insurance or any money or credits are exchanged, leased, transferred or loaned; as well as every business of maintaining, storing, cleaning, improving or repairing tangible commodities within the city whether or not such business is conducted from a premises, vehicle or mobile location within or outside the city. Services include recreation services but do not include theatrical performances, exhibitions or temporary amusements, nor do they include professional services or telephone services within the terms of this Chapter. City PiNaPPAKil RFP No. 23-pba 97 AA94?W,§ 196 Solicitor shall mean any person who engages in the business of going from house to house, place to place, on or along the streets, within the city and/or by telephone, soliciting any opinions, preferences, endorsements or other information, or selling or taking orders for or offering to sell or take orders for goods, wares or merchandise or other things of value for future delivery or for services to be performed in the future. Stock broker and bond broker shall mean any person engaged in the business of buying or selling federal, state, county or municipal stocks or bonds, or stocks and bonds of partnerships or other incorporated entities, or evidences of indebtedness of private persons, partnerships or of incorporated entities, for a fee or commission. Sworn statement shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration, certification, or verified affidavit made under penalty of perjury. Telephone services shall mean any person engaged in the business of providing telephone services as a "telephone company" pursuant to Article XIII, Section 19 of the State Constitution. Transact and carry on means to repeat, or intend to repeat, or to continue and includes: (a) The maintaining, operating, managing or being in control of, or right to make use of directly or remotely, any office, store, warehouse, factory, establishment, premises, location or place: (1) Having one (1) or more telephones listed for any business activity in any classified telephone directory or in the classified Section of any consolidated telephone directory, or in any combined online directory or internet/web based listing service, (2) Having computers or other computing devices used to maintain one (1) or more internet websites or webpages or maintaining internet/web based advertising, (3) Having in use in connection with any business one (1) or more counters, desks, chairs, tables, filing cabinets, typewriters, adding or calculating machines, computers, servers, printers, scanners, fax machines or other articles of office equipment, (4) At, from, or in which any processing, manufacturing, supervising, administration, management, research, sales or sales promotion, peddling, solicitation, warehousing, distributing, routing, delivery, mail or package receipt, recycling, dispatching, billing, collection, accounting, computing, product development, software development, testing, storage, record -keeping or other activity is conducted in connection with any business, (5) In or at which one (1) or more persons may, for any valuable consideration intended to result, or that results, in any livelihood, financial profit or commercial gain to any person, receive any instruction, advice, treatment or examination, or any service upon their person, or any repair, refinishing, renewing, cleaning, or other improvement to, or of, any personal property, (6) In which any letter, announcement, advertisement, circular, handbill, newspaper, agreement, contract, instruction, legal instrument, government required registration, permit or license, tax filing statement, financial statement, statement of account, financial record, or any other instrument or record is written, printed, reproduced, published, prepared or kept in connection with any business, (7) From which any circular, handbill, newspaper, announcement, statement of account, card or letter is sent or distributed, in writing, or any contract is made, in person or by telephone, in connection with any business, (8) Upon any exterior side, wall, window, door, roof or other portion, or in the proximity of which, there is maintained any sign, lettering, announcement or advertisement indicating that such office or place is one (1) in, at or from which any article exists, or any act is performed in connection with any business; City PiNaPPAKil RFP No. 23-pba 98 AA9 196 (b) The repeated or continuous offering, or contracting, orally or in writing, in connection with any business: (1) To sell or rent one (1) or more articles, or one (1) or more rooms, apartments, portions or parcels of any real or personal property, or (2) To transport any person or personal property, or (3) To perform any service; (c) In connection with any business, the repeated or continuous: (1) Sale or renting of one (1) or more articles or parcels of real or personal property, or (2) The transporting of any person or property, or (3) The performance of any service; (d) The repeated parking, servicing, replenishing or maintaining of any delivery vehicle, catering truck, junk collection vehicle, pushcart or wagon within the city, whether or not on the premises of another, when done in connection with the permanent painting or inscribing or affixing of said address on the surface of said pushcart, vehicle or wagon; (e) The performance, in connection with any business, of any single act, with intent to repeat or continue the performance of such act. Variable flat rate or variable flat rate tax shall mean a fixed scale of amounts whose sum is variable depending on the number or other factor furnishing the basis for determination of the license tax. The term variable flat rate or variable flat rate tax as used in this Chapter includes any tax based on the number of persons engaged or employed in a business. Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks. Vending operations means any business conducted or carried on by any person engaged in the business of operating coin -operated machines or devices on the premises of another or in the business of owning, renting, leasing, lending, or otherwise distributing or supplying coin -operated machines or devices while retaining title thereto. Such machines include, but are not limited to, vending, amusement, service and telephone machines. Wholesaler shall mean any person engaging in the business of selling goods, wares, merchandise or other products for the purpose of resale and not to consumers or users thereof. Utility and public utility mean any person furnishing the public with communication, water, light, heat or power, subject to regulation by the Public Utilities Commission of the State of California. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2000, § 1, 3-6-89; Ord. No. NS-2064, § 1, 6-18-90; Ord. No. NS-2841, §§ 3, 4, 2-4-13) ARTICLE 11. IN GENERAL Sec. 21-4. Purpose. The purpose of this Chapter is to provide a revenue for the general operation of the city by the levy of a license tax on all business transactions or activities carried on or occurring within the city and is not intended for regulation. City PiNaPPAKil RFP No. 23-pba 99 14494 196 (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-5. License required. There are imposed upon the businesses, trades, professions, callings and occupations specified in this Chapter license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person, or for body corporate, or as an officer of any corporation to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so or without complying with all applicable provisions of this Code. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state. Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the United States or of the state shall be liable for payment of the tax imposed by this Chapter but shall not be subject to any penal provisions of this Code for such nonpayment. Said tax shall be collected in a civil action. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-6. Violation defined. The engaging in, transacting and carrying on of any business without first having procured a license from the city to do so, or without complying with any and all provisions of this Chapter, constitutes a distinct and separate violation of this Chapter for each and every day that such business is so carried on. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-7. Branch establishments; multiple places of business; more than one type of business. A separate business license fee must be paid and a separate business license obtained for each branch establishment or separate property location of the business transacted and carried on, and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location and in the manner designated in such license. Provided, however, that warehouse or distribution facilities located upon the same premises or upon contiguous premises and used in connection with or incidental to a business licensed thereat under the provisions of this Chapter shall not be deemed to be separate types of business or separate branch establishments. Further provided that no separate business transactions or administrative or management related activities shall be carried on in such incidental or supplemental warehouses or distribution facilities. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2000, § 2, 3-6-89) Sec. 21-8. Two or more allied businesses. (a) Whenever any person is engaged in two (2) or more correlated businesses, or is carrying on two (2) or more allied activities at the same location and under the same ownership and management and the said businesses are on a gross receipts basis, then in that event the gross receipts shall be reported together, and the appropriate applicable rate or rates prescribed will be used for the compilation of the combined annual City PiNPPAIRgil RFP No. 23-%-5 100 049 196 license fee, to which amount the basic tax rate amount and business license processing charge shall be applied once only, and for which amount a single combined license shall be issued. Provided, however, that nothing contained in this section shall be construed to relieve the payment of two (2) or more business license taxes, when required, where two (2) or more separate businesses are conducted in the same location by the same owner and management and such businesses are not construed by the collector to be correlated or allied with each other. An appropriate business license tax as set forth in this Chapter shall be paid for each business. (b) Whenever any person is engaged in any activity pursuant to a state contractor's license and at the same time is engaged in one (1) or more other correlated businesses, or is carrying on one (1) or more allied activities at the same location and under the same ownership and management, which business or businesses are on a gross receipts basis, then in that event such person may elect to report all the gross receipts together, including all the gross receipts attributable to any services rendered as a state -licensed contractor, which shall be at the rate of a service business, and the applicable rate or rates prescribed will be used for the compilation of the combined annual license fee, to which amount the basic tax rate amount and business license processing charge shall be applied once only, and for which amount a single combined license shall be issued. Provided, however, that nothing contained in this section shall be construed to relieve the payment of two (2) or more business license taxes, when required, where two (2) or more separate businesses are conducted in the same location by the same owner and management and such businesses are not construed by the collector to be correlated or allied with each other. An appropriate business license tax as set forth in this Chapter shall be paid for each business. (c) Whenever any person is engaged in transacting and carrying on any business at any fixed place of business within the city, and for whom flat rates or variable flat rates are made the basis for fixing the amount of such license, and who at the same time, and at that same location, and under the same ownership and management, is engaged in the commercial rental of any portion of said premises as owner -lessor or leaseholder -lessor, then in that event such person may elect to report all the gross receipts attributable to the rental of commercial real estate thereat, which gross receipts shall be subject to a separate license fee at the rate established for the rental of commercial real estate, but to which amount the basic tax rate amount and business license processing charge shall be excluded. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 2, 6-18-90) Sec. 21-9. Combined businesses. Whenever any person is engaged in a combined business conducted at the same location and by the same owner and management carrying on manufacturing and selling at wholesale and also at retail, or selling at wholesale and also at retail but not manufacturing, and where such combined business is not otherwise specifically licensed on the flat rate basis, then in that event a single combined statement separately showing the amount of manufacturing and wholesale and retail business engaged in respectively shall be filed and the combined tax shall be separately calculated according to the respective rates appropriate for each category of business activity, to which amount the minimum tax fee and business license processing charge shall be applied once only, and for which amount a single combined license shall be issued. In the event that such a combined statement is not filed, or in the event sufficient records have not been kept which will enable the manufacturing and wholesale portion and the retail portion of such business to be ascertained, then in that event all business done by any such person, whether manufacturing and wholesale or whether retail, shall for the purposes of this section be considered as retail business and the rate prescribed for retail business shall be applied to calculate the amount of business tax due, to which amount the minimum tax fee City PiNaPPAKil RFP No. 23-%-5 101 0494?*§ 196 and business license processing charge shall be applied once only, and for which amount a single combined license shall be issued. Provided, however, that nothing contained in this section shall be construed to relieve the payment of two (2) or more business license taxes, when required, where two (2) or more separate business activities are conducted in the same location by the same owner under the same management and such business activities are not construed by the collector to constitute a combined business. An appropriate business license tax as set forth in this Chapter shall be paid for each business. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-10. Single location; multiple businesses; separate owners. Nothing contained in this Chapter shall be construed to relieve the obligation to obtain a separate license and to pay the appropriate license tax required for each business owned or conducted by a separate owner within an individual establishment or location whether under the same management or not. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-11. Concessions; separate license required. Any person who operates any business, whether upon a cost, rental or commission basis as a concession or upon rented floor space in or upon the premises of any person licensed under the provisions of this Chapter, shall be required to obtain a separate and independent license pursuant to this Chapter except as may be otherwise specified hereinafter. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-12. Association with local business or governmental agency; disclosure of associated businesses and independent contractors. Any person who shall associate with any local business or governmental agency, whether or not on a temporary basis, shall not be relieved from the provisions of this Chapter and shall be required to pay the appropriate business license tax as specified in this Chapter. Nothing in this Chapter shall be deemed or construed to relieve any such person from the provisions of this Chapter by virtue of any exemption provided to any local business pursuant to this Chapter or any exemption or exclusion applicable to any agency, instrumentality, or political subdivision of the state or of the United States, or any exemption or exclusion otherwise arising out of the constitution or applicable statutes of the United States or the state. (a) Definitions. As used in this section, the following phrases shall have the meaning hereinafter set forth: (1) The phrase "local business" as used in this section shall be defined as including all persons transacting and carrying on business from any fixed place of business within the city other than as an employee. In addition, the phrase "local business" shall include all leaseholder -lessors and owner -lessors of commercial or residential real estate within the city. (2) The phrase "governmental agency" as used in this section shall be defined as including every agency, instrumentality, or political subdivision of the state or of the United States. (3) The phrase "associate with" as used in this section shall be defined to mean the transacting and carrying on, by any other person, of business on the premises owned, controlled, or managed by said local business or governmental agency, whether as a tenant of, in connection with, or as an City PiNaP#'PAKil RFP No. 23-%-5 102 0Q 196 affiliate of, or as an adjunct to, or in the name of said local business or governmental agency, or whether as a building management agent, or property management agent, or independent general operating agent or manager for said local business or governmental agency, or whether as an outside business or an independent contractor performing services for said local business or governmental agency. (b) Application. In the case of a local business which is a partnership or joint venture, the phrase "associate with" shall not include the business transacted and carried on by a general partner in connection with the general partnership or by a joint venturer in connection with the joint venture. In the case of a local business which is a corporation, the phrase "associate with" shall include any business transacted and carried on by a subordinate or subsidiary corporation or holding company, pass -through entity or trust. For all local businesses, the phrase "associate with" shall include the maintaining on the premises of the local business of any principle executive or other business office as required in connection with the registration of any business entity address with the California Secretary of State for any actively registered corporation, limited liability company, limited partnership, or limited liability partnership under the California Corporations Code as the same now exists or as may be hereafter amended from time -to -time. In the case of a local business which is a leaseholder -lessor or owner -lessor of commercial or residential real estate within the city, the phrase "associate with" shall include any business transacted and carried on by an independent resident property manager, independent building manager, independent property agent or independent building agent, whether or not such independent manager or agent is also a tenant of said property. Such independent manager or agent shall be required to obtain a separate business license. In the case of a local business which is a tenant of a commercial premises and a party to a lease -back agreement or other similar agreement involving said commercial real estate in which the ownership identities of both parties to the agreement are identical, but the legal entities are distinct, the phrase "associate with" shall include any such business transacted by the owner -lessor or leaseholder -lessor of said commercial real estate. Such owner -lessor or leaseholder -lessor shall be required to obtain a separate business license and shall be subject to all the requirements of this Chapter. (c) Disclosure. (1) Every local business, and any person acting as their agent, shall upon request by the collector, provide the names and addresses of all persons who lease, rent or maintain space, mailboxes, coin -operated machines or devices, or in any other manner transact and carry -on business, or occupy or maintain a business presence on the premises owned, controlled, or managed by said local business. In addition, every local business, and any person acting as their agent, shall upon request by the collector, provide the names and addresses of all persons, whether or not located within the city, who are contracted to perform, or who regularly do perform services on the premises owned, controlled, or managed by said local business. (2) Every person engaged in the rental of residential real estate within the city, every condominium or homeowner association within the city, and all property management services acting as their agents, shall upon request by the collector, provide the names and addresses of all persons who have been granted permission to engage in business activity on the premises owned, controlled, or managed by them. In addition thereto, all condominium or homeowner associations within the city and all property management services acting as their agents, shall upon request by the collector, provide the names, property addresses, and mailing addresses of all owners engaged in the rental of any residential real estate, under their control or management. (3) Every person engaged in the rental of commercial real estate within the city, and all property management services acting as their agents, shall, at the time the license required by this Chapter is applied for and thereafter annually at the time of the renewal of their license for the City PfIb(aPPAIROI RFP No. 23-%-5 103 AA9 196 rental of commercial real estate, or at such other time as the collector in his or discretion may set, provide to the collector a list of (i) the names and addresses of all tenants (including subtenants) occupying the commercial real estate property licensed; and (ii) the names and addresses of all persons, whether or not located within the city, who are contracted to perform, or who regularly do perform services on the licensed premises owned, controlled, or managed by said commercial real estate rental licensee or commercial real estate management agent. (d) Disclosure requirements —Authority to vary. To effectively implement the intent of the disclosure provisions of this section, the collector may vary the strict requirements of subsection (c) above to accommodate the regular record keeping and business practices of persons subject to the disclosure requirement and also to facilitate ease of administration by the collector. (e) Confidentiality. All information received by the collector pursuant to this section shall remain confidential and shall be used solely for the purposes of administering the city's business license tax and shall not be maintained by the city as part of the public record. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-13. Partnerships. In the event that any business conducted, managed or carried on in the city is organized as a partnership or joint venture, the scheduled license fee need be paid only by the partnership or joint venture and not by any such individual partner or joint venturer. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-14. Corporations; in general. In the event that any business conducted, managed or carried on in the city is organized as a general law corporation, pursuant to the California General Corporation Law, the scheduled license fee need be paid only by the corporation and not by any such individual shareholder thereof. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-15. Professional corporations. In the event that any business conducted, managed or carried on in the city is organized as a professional corporation, the scheduled license fee need be paid only by the corporation and not by any such individual shareholder thereof (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-16. Evidence of doing business. (a) When any person shall by use of signs, circulars, cards, business letterhead, telephone books, newspapers, billboards, trade publications, electronic telephone or business directories, internet advertisement, or websites, advertise, holdout, or represent that such person is in business in the city; or when any person has registered and published a fictitious name statement registered to an address in the city, or holds or has been issued an active state board of equalization permit, or holds any other active licenses, permits, certificates or registrations issued by a governmental agency (including but not limited to: federal or state employer identification numbers, or registration with the California Secretary of State as a corporation, City PiNaPPAKil RFP No. 23-%-5 104 0Q 196 limited partnership, limited liability partnership, or limited liability company) indicating that such person is in business within the city, or maintains a post office box under a business name registered to any address within the city, or when any person files federal income tax or state franchise tax statements reporting business income within the city or claiming business office deductions or business expense deductions for a commercially located or home -based business in the city, or gives other evidence of transacting and carrying on business as may be defined elsewhere under the terms of this Chapter and such person fails to deny in a sworn statement given to the collector that such person is "engaged in business" within the city, or fails to assert and document that such person is "exempted" or otherwise "excluded" from the requirement to pay a business license tax, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that such person is conducting a business in the city. (b) When any municipal utility records indicate that the occupant of any commercial real estate within the city is a person other than the person indicated by county assessor or county recorder records to be the owner of such property, or when any utility records indicate that the occupant of any residential real estate within the city is a person other than the person indicated by county assessor or county recorder records to be the owner of such property, or when the county assessor or county recorder records indicate that any person owning residential real estate within the city does not claim a homeowner's exemption for said property and receives their property tax notification for said property at another residence location, and such person fails to deny in a sworn statement given to the collector that such person is engaged in the "rental of residential real estate" within the city, or fails to assert and document that such person is "exempted" or otherwise "excluded" from the requirement to pay a business license tax, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that such person is conducting a business in the city. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-17. Effect of chapter on other ordinances. Persons required to pay a license tax for transacting or carrying on any business under this Chapter shall not be relieved from the payment of any tax for the privilege of doing such business required under any other provisions of this Code and shall remain subject to all regulatory provisions. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-18. No required permits waived. The business license issued pursuant to the provisions of this Chapter constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-19. Severability. If any article, Section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the City PiNaPPAKil RFP No. 23-%-5 105 049AM2§ 196 validity of the remaining portions of the chapter. The city council hereby declares that it would have passed this Chapter and each article, Section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the articles, Sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-20. Decisions on amounts imposed. If any license tax imposed by this Chapter is for any reason held to be discriminatory or invalid in amount, by the decision of any court of competent jurisdiction, such decision shall not affect the validity of a lesser amount imposed by the collector. The city council hereby declares that it would have imposed a license tax of some amount on the business, occupation, calling, trade, vocation or other enterprise in question, irrespective of the fact that any one or more of the license taxes imposed herein may be declared discriminatory or invalid in amount. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-21. Saving clause. Neither the adoption of this Chapter nor its superseding of any portion of any other chapter shall in any manner be construed to affect prosecution for violation of any chapter or ordinance prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posed, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-22. Unexpired licenses heretofore issued. Where a license for revenue purposes has been issued to any business by the city and the tax paid therefor under the provisions of any business license tax ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for such business by this Chapter shall not be payable until the expiration of the term of such unexpired license. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-23. Unpaid taxes; tax plus penalties. No business license for any succeeding, current or unexpired tax period shall knowingly be issued to any person, who at the time of application, is indebted to the city for any unpaid tax. The total indebtedness shall include the total tax due plus penalties for failure to pay the tax when due. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-24. License tax a debt; civil action. The amount of any business license tax and penalty imposed by the provisions of this Chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license tax, penalties, and administrative costs incurred in connection therewith, including attorneys fees. City PiNaPPAKil RFP No. 23-%-5 106 049AW§ 196 (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-25. Original delinquency penalty; conducting a business without first having procured a license; effect —Voluntary compliance; effect —Abatement of penalty; application —Violation; misdemeanor. (a) Any person who shall commence, engage, transact and carry on any trade, calling, profession, occupation or business within the city without first having procured the required business license from the city to do so, shall be assessed a penalty of fifty (50) per cent of the amount of the license tax owing, which amount shall be separately calculated for each successive license period beginning with the calendar month in which the commencement of business activity within the city began, and ending with the expiration of the current annual licensing period. Provided, however, that the start of such period shall not exceed three (3) years prior to the date of notification of violation. Such penalty to be collected, and the amount thereof to be enforced, in the same manner as all other business license taxes are collected and the payment thereof enforced. (b) Where any person is in arrears for business license taxes under subsection (a) above, owed for the rental of residential or commercial real estate within the city, or owed for a business which is conducted solely from a home residence within the city, the penalties imposed under subsection (a) shall be abated in accordance with subsection (f) below if the tax is paid by the last day of the calendar month following the month in which such person was given notice of the requirement to obtain a city business license; otherwise penalties shall accrue as in the case of any other business. (c) Where any person occupying a commercial premises as a tenant or subtenant is in arrears for business license taxes under subsection (a) above, and has been reported to the collector pursuant to Section 21-12, the penalties imposed under subsection (a) shall be abated in accordance with subsection (f) below if the tax is paid by the last day of the calendar month following the month in which such person was given notice of the requirement to obtain a city business license; otherwise penalties shall accrue as in the case of any other business. (d) Where any person, whether or not located within the city, is contracted to perform, or regularly does perform services on the premises owned, controlled, or managed by a local business as defined in Section 21-12 and is in arrears for business license taxes under subsection (a) above, and has been reported to the collector pursuant to Section 21-12, the penalties imposed under subsection (a) shall be abated in accordance with subsection (f) below if the tax is paid by the last day of the calendar month following the month in which such person was given notice of the requirement to obtain a city business license; otherwise penalties shall accrue as in the case of any other business. (e) Where any person is otherwise in arrears for business license taxes under subsection (a) above, the penalties imposed under subsection (a) shall be abated in accordance with subsection (f) below if such person voluntarily applies for the required business license and pays the business license tax owing in arrears; otherwise penalties shall accrue as in the case of any other business. (f) In all cases where the provisions of this section provide for the abatement of penalties imposed under subsection (a), the amount owing in arrears and the amount of the accrued penalties shall be abated until the combined amount of tax and penalty due is equalized to an amount equivalent to the amount of current and prior years' taxes owing as computed or determined based upon the business license tax rates in effect for the most current tax year. (g) In determining the amount of penalty due for any person for whom an initial license period gross receipts in lieu deposit is required in accordance with Sections 21-117, 21-118 or 21-118.1 the collector shall compute City PiNaP#'PAKil RFP No. 23-%-5 107 0Q4 196 and apply the penalty due at the time that such person's initial period gross receipts report is filed and computed in accordance with Section 21-117(c). (h) However, no abatement of penalties or interest shall be permitted under this section in any case where such person concurrently holds or has previously held a city business license or previously been given notice of said requirement with regard to any business activity engaged in or conducted within the city. (i) When any person is determined to be liable for delinquent business license taxes and such person fails to properly procure the correct business license after being given notice to do so, the collector shall determine the amount of delinquent business license taxes owed in accordance with Section 21-41. Penalties thereon shall be accrued as applicable in accordance with this section. In determining the amount of tax due for any business for whom the gross receipts of such business is made the basis for fixing the amount of such business license the collector may base such determination upon an average of the reported gross receipts of like businesses, similarly classified. Any person required to obtain a city business license under the terms of this Chapter having been given notice of the requirement to obtain a city business license under the terms of this section, whether by personal service, or by a notice conspicuously posted upon the premises of such person's business, or by notice given through the United States mail, who has not paid said business license tax or otherwise obtained a valid business license, or applied for exemption therefrom and who has not applied for, or who is not undergoing the process of a hearing or appeal pursuant to Section 21-41 or Chapter 3 of this Code shall be deemed guilty of a misdemeanor violation. For the misdemeanor violation provision of this section to apply, notice, when given by United States mail shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the notice may be sent by first class mail. If the notice is sent by certified mail and the return receipt is returned unsigned or refused, then service of notice shall be deemed effective pursuant to first class mail, provided the notice sent by first class mail is not returned. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-26. Penalty for violation. (a) Any person violating any of the provisions of this Chapter shall be deemed guilty of a criminal infraction except where said violation is specifically deemed a misdemeanor. (b) Every violation of the provisions of this Chapter determined to be a criminal infraction shall upon conviction thereof be punishable by (1) a fine of one hundred dollars ($100.00) for a first violation; (2) a fine of two hundred dollars ($200.00) for a second violation of the same provision within one year; (3) a fine of two hundred fifty dollars ($250.00) for each additional violation of the same provision within one year. Each day any such violation of any said provision of this Chapter shall continue shall constitute a separate offense. (c) Every violation of the provisions of this Chapter deemed to be a misdemeanor, upon conviction thereof shall be punishable as provided for in Section 1-8 of this Code. Each day any violation of any said provision of this Chapter shall continue shall constitute a separate offense. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-27. Misrepresentation —Penalty. Any person knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in applying for or paying for the business license herein provided for shall be deemed guilty of a misdemeanor violation of this Chapter. City PiNaP#'PAKil RFP No. 23-%-5 108 049 196 (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-28. Remedies cumulative. The conviction and fine or imprisonment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the business tax to conduct such business, nor shall the payment of any business tax prevent a civil action or criminal prosecution for the violation of any of the provisions of this Chapter. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-29. Cancellation; right of licensee to request. The collector shall cancel a valid unexpired license issued or granted to the licensee pursuant to this Chapter at the request of the licensee provided: (a) The licensee so endorses, signs and surrenders the business license receipt along with any applicable decal, metalcal, sticker or tag, and (b) All business activity pursuant to licensee's license has ceased. Liability for any further business taxes shall cease only if the licensee's account is vacated pursuant to this section. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-30. Requirement to obtain and furnish sales tax number; requirement to report gross sales to the state; requirement to collect sales and use tax; requirement to pay collected sales and use tax; requirement to report same separately to the city. Any person who contracts, sells or delivers any goods, wares or merchandise in the city for which sales or use tax is payable and who is required to report and pay such sales and use tax to the state shall obtain an appropriate California State Board of Equalization permit and furnish the collector with his sales tax number and shall report separately in his return to the state the amount of receipts from sales in the city and/or the receipts from sales for use in the city and shall pay the required sales or use tax on such receipts. Any such person who fails to do so shall be deemed guilty of a misdemeanor violation of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) ARTICLE III. COLLECTOR Sec. 21-31. Collector; establishment of position. There is hereby established the position of collector which shall include any position heretofore referred to in this Chapter or any other chapter of this code as "license collector," "business tax collector," "business fee collector," or any other term used to describe the office of the collector of business license taxes. Provided further that to the extent that any other provision of this Code or any other city ordinance refers to the director of finance City PiNaP#'PAKil RFP No. 23-%-5 109 049AW§ 196 as the collector of business license taxes, such provisions shall be construed to require the execution of such duties by the collector. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-32. Collector; ex officio collector of business license taxes. The collector shall be ex officio business license tax collector. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-33. Collector; duty to enforce. It shall be the duty of the collector to enforce each and all of the provisions of this Chapter, and the chief of police, the chief building official, the chief fire official, and the city attorney shall render such assistance in the enforcement hereof as may from time to time be required by the collector. Each department or division of the city which issues permits or entitlements of use shall require the production of a valid unexpired business license receipt or business license exemption receipt prior to the issuance of such a permit. Provided, however, that nothing in this section shall be construed to require any person to obtain a license to do business within the city as a prerequisite for the issuance of a city permit or entitlement of use if such requirement conflicts with any applicable statutes of the United States or of the state. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-34. Collector; duty to certify general contractor's statement. Every person acting as a general contractor, whether building for their own occupancy or not, shall file with the collector a full, true and complete written statement, signed by such person, under penalty of perjury, listing all subcontractors who have performed or shall perform any service whatsoever for such person within the city for which a license is required under the provisions of this Chapter. Any builder -owner, general engineering contractor, specialty contractor, or subcontractor, subcontracting any work shall be deemed a general contractor for the purpose of this section. Said statement shall include the name, address, telephone number, state license number and specialty classification of each person required to be licensed. It shall be the duty of the collector or his or her designated representative to ascertain and certify that all business tax liability of the general contractor and all subcontractors employed by the general contractor has been duly satisfied. Pursuant to Section 8-2 of this Code, no certificate of occupancy shall be issued, or final inspection provided until the collector or his designated agent certifies that there has been complete compliance with the requirements of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-35. Collector; duty to keep records. The collector shall keep full, adequate and accurate records pertaining to the issuance of licenses under this Chapter and the collection of all fees, penalties and other moneys in connection herewith. The collector shall keep in his or her office a public ledger in which he or she shall keep the accounts of all licenses currently issued by him or her and remaining in full force and effect. (Ord. No. NS-1922, § 1, 7-20-87) City PiNaPPAKil RFP No. 23-%i5 110 0Q 196 Sec. 21-36. Collector; administration of oaths. For the purposes of this Chapter, the collector, as chief revenue officer, and each and every duly authorized revenue officer or authorized agent, is authorized to administer oaths. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-37. Collector; deposit of fees, charges and penalties. All fees, penalties, charges and other moneys received by the collector pursuant to the provisions of this Chapter shall be deposited in the general fund of the city upon the business day next following the receipt of the same. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-38. Collector; printing of blank licenses, applications, reporting forms, notices and other form correspondence. The collector shall prepare printed blank licenses for all business conducted in the city for the term of twelve (12) months, and for shorter terms authorized by this Chapter to be issued. The collector shall also prepare all necessary printed applications, reporting forms and notices and other form correspondence. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-39. Collector; duty to determine business type or class. The determination of which business or type or class of business a licensee or applicant is engaged in or about to engage in shall be an administrative function of the collector. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-40. Collector; classification of businesses into categories. The collector is authorized to establish a list of specific businesses that are included within each of the categories set forth in general terms by this Chapter. This list shall be reviewed and updated periodically so as to be all-inclusive as possible. The list shall be kept on file in the offices of the collector and the clerk of the council and shall be available for use by the general public. The classification of any business into a general category shall be at the determination of the collector. Any person aggrieved by the decision of the collector shall have the right to a hearing pursuant to Section 21-41 and/or the right to an appeal to the city council for a final decision pursuant to Chapter 3 of this Code. (Ord. No. NS-1922, § 1, 7-20-87) City PiNaPPAKil RFP No. 23-%-5 111 PQ4*2 196 Sec. 21-41. Collector; assessment of tax, penalties, interest, charges (including service fees), determination of classification; notification of violation; right to hearing; hearing service fee deposit. (a) The collector shall determine the amount of license tax due, together with any penalties, interest, charges (including service fees) that may be due and payable and/or the proper classification for a business by means of such information as he or she may be able to obtain in the event: (1) Any person fails to properly procure the correct business license prior to doing business in the city; or (2) Any person engaged in transacting and carrying on business within the city fails to renew any business license; or (3) Any person fails to file any required statement within the time prescribed; or (4) If, after demand therefor has been made by the collector, any person fails to file a corrected statement within fifteen (15) days after notification to do so; or (5) It appears to the satisfaction of the collector that a statement filed does not set forth the facts of the business for which a license is required; or (6) If a licensee or an applicant for a license believes that the business is not assigned to the proper classification because of circumstances peculiar to it. (b) In the case where such determination is made, the collector shall give notice of the amount so assessed, or classification found to be appropriate in the following manner: (1) By serving it personally, or causing it to be served personally by a duly authorized agent; or (2) By depositing it in the United States Mail, postage prepaid addressed to the person so assessed at their address of record. (c) Any person receiving a determination made by the collector pursuant to this section regarding the amount of tax owed, or classification found to be appropriate, may, within fifteen (15) days after the serving or mailing of such notice, make application in writing to the collector for an administrative hearing, hereinafter ("hearing") by completing and filing a "request for hearing" form with the collector. Request for hearing forms shall be made available in the office of the director of finance and clerk of the city council. A failure to file a timely "request for hearing" form shall be deemed a waiver of the right of appeal. Provided, further that any person seeking a hearing under this section shall first deposit with the collector a hearing service fee to be specified by resolution of the city council to cover the city's cost in providing an administrative hearing officer, hereinafter ("hearing officer"). (d) All hearings conducted pursuant to this section shall be heard by the same hearing officer who has been appointed by the Santa Ana city manager pursuant to Section 1-28.8 of this Code. (e) Hearing procedures for hearings conducted pursuant to this section shall be as follows: (1) No hearing to contest a determination of the collector before a hearing officer shall be held unless and until a timely "request for hearing" form has been completed and filed with the collector, and (2) After receipt of the "request for hearing" form and deposit of the hearing service fee, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the "request for hearing" is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified at least ten (10) days prior to the date of the hearing. The failure of any person to appear at the hearing shall constitute a forfeiture of the City PiNaP#'PAKil RFP No. 23-%-'5 112 OQ 196 administrative hearing service fee deposit and shall be a bar to judicial review of the hearing officer decision based upon failure to exhaust administrative remedies. (3) At such hearing the person may appear and offer evidence why the collector's specified tax amount should not be fixed as the license tax amount or why such classification prescribed by the collector as the applicable tax classification should not be fixed. Formal rules of evidence shall not apply. (4) Upon request, the person requesting the hearing shall be provided with reports and other documents relied upon by the collector in making his or her determination. In addition, if the collector, duly authorized revenue officer, or other individual appearing at the hearing as the agent of the collector submits any additional written reports to the hearing officer for consideration at the hearing, then a copy of said documentation shall also be served by mail on the person requesting the hearing. (5) The hearing officer may continue the hearing and request additional information from the collector prior to issuing a written decision. (6) After such hearing, the hearing officer shall determine the proper tax to be charged or classification prescribed and shall forthwith give written notice to the person requesting the hearing in the manner prescribed herein of such determination and the amount of such tax. (f) Hearing officer's decision. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision or may issue a written decision within fifteen (15) days of the hearing. The decision shall include the reasons for the decision and such decision shall be final. (g) If the hearing officer fixes the amount of the tax, penalty, interest, charges, service fees or the tax classification in accordance with the original written determination of the collector, then the amount as finally determined shall be immediately due and payable and/or the classification shall be immediately applicable, and the hearing service fee shall be forfeit. If the hearing officer determines the amount of the tax, penalty, interest, charges, service fees or the tax classification to be applicable in accordance with the original statement of the person requesting the hearing then the amount due and payable and/or the classification applicable shall be as set forth in such person's original statement and the collector shall refund the hearing service fee deposit. If the hearing officer fixes the amount of the tax, penalty, interest, charges, service fees and/or the tax classification to be applied in some other manner the hearing officer shall also make a written determination as to fixing the amount of tax, penalty, interest, charges, service fees and/or the tax classification applicable and shall indicate the disposition of the hearing service fee deposit. (h) Any person who is aggrieved by the decision of the hearing officer may obtain judicial review of such decision in the manner provided under Section 1-21.9 of this Code. (i) In the event no application for a hearing is filed within the time prescribed, the decision of the collector shall become final and conclusive on expiration of the time herein fixed for hearing and shall render any subsequent appeal null and void and shall further act as a waiver against future action. (j) Notwithstanding any other provision contained in this Chapter or any other provision contained in this code to the contrary, any person voluntarily tendering payment of any license tax, interest, or penalties to the city pursuant to any provision of this Chapter shall for all purposes thereafter be precluded and barred from appealing, contesting or otherwise challenging the validity or amount of any such tax, interest or penalties pursuant to any otherwise available procedure set forth in this Chapter, or otherwise available by law, unless said payment is made under written protest to the city. Said written protest shall be deemed made for the purposes of this Chapter only by one (1) of the following methods: (1) a written notation set forth on the check, draft, money order, or other negotiable instrument by which payment is tendered, indicating that such payment is made under protest; or (2) a written notice addressed and delivered to the collector at the time of payment indicating that such payment is made under protest. Provided, however, that this subsection shall not bar a request for refunds authorized pursuant to Section 21-87 of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) City PiNaPPAKil RFP No. 23-%i5 113 049 196 Sec. 21-42. Collector; necessary rules and regulations. In addition to all other powers conferred upon him or her the collector shall have the power to make rules and regulations not inconsistent with the provisions of this Chapter as may be necessary or desirable to aid in the enforcement of the provisions of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-43. Collector; extension of time for filing —Compromise of claims; waiver of claims. (a) The collector shall have the power to extend the time for filing any required application, affidavit, statement or report and remitting of any taxes or other monies owing for a period of up to six (6) months. In connection with that authority the collector shall also have the power to extend the time for giving notification of tax renewal and to extend the time that any previously issued license shall remain valid. The collector may in his or her discretion exercise this authority on a case -by -case basis in connection with any individual applicant or licensee, or other individual person subject to the requirements of this Chapter. The collector may also exercise this authority on a class -by -class basis in connection with any category, class or subclass of assessment or any category, class or subclass of applicants, licensees, or other persons subject to the requirements of this Chapter, or any persons subject to any applicable business license tax surcharge or surtax or other business license related assessment or fee required or authorized under the general laws of the state. (b) The collector shall have the further power, for good cause shown, to compromise any claim, or class of claims, as to the amount demanded or owing. (c) The collector, shall have the further authority to settle, discontinue, or waive the collection of any claim, or class of claims, for good cause shown, or if it appears that further proceedings would be without merit, or if the administrative or legal cost therefor would be excessive, or if the amount of the claim in question is de minimus. A claim, or class of claims, shall be deemed to be de minimus whenever the total amount of the claim is determined by the collector to be equal to or less than the total anticipated administrative costs associated with collecting said amount. The collector may in his or her discretion determine this amount on a case -by -case basis or on a class -by -class basis. In accordance with Section 21-42 the collector may adopt administrative rules, regulations, and guidelines, relating to the settlement, discontinuance, or waiver of claims arising pursuant to this Chapter. (d) In connection with the exercise of the power and authority hereinabove provided to the collector, he or she in their discretion, shall have the right to allow the payment of any taxes or other monies owed to the city by installment without penalty, interest or other administrative charge on a case -by -case basis or class -by -class basis. In accordance with Section 21-42 the collector may adopt administrative rules, regulations, and guidelines, relating to the acceptance of installment payments. (e) Moreover, to effectively implement the intent of the general provisions of this Chapter the collector in his or her discretion may vary the strict procedural, enforcement, deposit, or other administrative requirements of this Chapter on a case -by -case or class -by -class basis in any manner. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-44. Collector; additional power. In addition to all other powers conferred upon him or her, the collector shall have the power, for good cause shown, to waive or reduce any penalty or late interest imposed, or deposit, or charge, or service fee demanded. City PiNPPAIRgil RFP No. 23-%i5 114 PQ 196 (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-45. Collector; authority to suspend and revoke licenses. The collector shall have the authority and duty to suspend or revoke any license granted or issued under the provisions of this Chapter at any time for any of the following: (a) A material false statement contained in the application for a new license or in the application for a renewal license granted or issued under the provisions of this Chapter, or in any affidavit or statement required to be filed under the provisions of this Chapter, or (b) Upon the determination that the licensee has not paid the tax required to be paid as a condition for the issuance of the license, pursuant to the procedures set forth in Section 21-86. Any person transacting and carrying on any business during any period of license suspension shall be deemed to be doing so under an invalid license. Any person transacting and carrying on business during any period of license revocation shall be deemed to be doing so without a license. Provided further, that any person transacting and carrying on business during any period of license revocation or suspension shall be refused any permits or entitlements of use the issuance of which requires the production of a valid unexpired business license. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-46. Collector; authority to issue citations. The collector, as chief revenue officer, and each and every duly authorized revenue officer of the city have the duty to enforce this Chapter and are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, said officer making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C Title III of Part 2 of the Penal Code of the State of California (commencing with Section 853.6). (Ord. No. NS-1922, § 1, 7-20-87) ARTICLE IV. EXEMPTIONS Sec. 21-47. Conflicts with federal or state law. Nothing in this Chapter shall be deemed or construed to apply to any person transacting or carrying on any business exempt from business license taxes by virtue of the constitution or applicable statutes of the United States or the state. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-48. Business licensing —Specified exemptions. (a) A business license shall not be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of any such activity are to be appropriated to any church or school or to any religious or benevolent purpose within the city. City PiNaPPAKil RFP No. 23-%i5 115 049POP§ 196 (b) A business license shall not be required for any person under eighteen (18) years of age, who is a resident of the city, and who is enrolled in an institution of secondary education; provided, however, such person has no employee or employees working for him or her. (c) A business license shall not be required for any attorney whose only business done in the city is in the courts operated in this city, nor for any doctor whose only business done in the city is surgery and/or consultation in a regularly established hospital in the city; provided, however, that the maintenance of an office, facility, or establishment within the city used in connection with any attorney's appearance in any court within the city, or any doctor's surgery or consultation performed at any hospital within the city shall not be hereby exempted from the city's business licensing requirements. (d) A business license shall not be required for any other licensed person providing professional services not having a fixed place of business within the city and not engaged in other than the occasional furnishing of professional services wholly negotiated and contracted for outside the city. (e) A business license shall not be required for any business done in the city where the business conducted is only occasional and incidental to a regularly established business conducted elsewhere. (f) A business license shall not be required for any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in this state, or for any salesman or agents representing vendors which have, do, or would normally supply goods for resale to licensees of the city. (g) A business license shall not be required for any individual whose business is limited to providing in -home childcare to immediate or extended family members. The phrase "immediate or extended family members" shall mean such individual's direct children, children by adoption, children by marriage, grandchildren (direct, by adoption, or by marriage), nieces or nephews (direct, by adoption, or by marriage), and any foster children or other minor under eighteen (18) years of age living as part of the same residential household. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3031, § 3, 11-8-22) Sec. 21-49. Business licensing —Specified exclusions. Except as may be otherwise specifically provided in this Chapter, the terms hereof shall not be deemed to apply or construed to require the payment of a license tax by any of the following persons: (1) Banks, including national banking associations, federal credit unions, and financial corporations, to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 27 of the State Constitution. (2) Insurance companies or associations engaged in the sale and servicing of insurance and their direct agents, including bailbond agents and life agents, but not including brokers or bailbond brokers or life and disability insurance analysts or insurance solicitors to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 28 of the State Constitution. (3) Any governmental agency or subdivision and the employees thereof, to the extent they are engaged in the business of such governmental agencies or subdivisions. (4) Any state alcoholic beverage licensee engaged in the manufacture, sale, purchase, possession, or transportation of alcoholic beverages within the state to the extent that a city may not levy a license tax upon them under provisions of Article XX, Section 22 of the State Constitution. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13; Ord. No. NS-3031, § 3, 11-8-22) ARTICLE V. FEE -EXEMPT City PiNaPPA ail RFP No. 23-%i5 116 0QA?§ 196 Sec. 21-50. Disabled veterans. Every person who has been honorably discharged from military service of the United States and who is exempted from the payment of business license taxes by statute of the state may distribute circulars and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of this license tax; subject however to the restrictions, limitations, regulations and conditions hereinafter set forth. (1) Every applicant must furnish a certificate of physical disability executed by a qualified physician or submit equivalent evidence of disability. (2) Every applicant must submit to being photographed by the city police department. One copy of said photo shall be permanently affixed to the license issued to said applicant and another copy shall be transmitted to the collector for attachment to the portion of the license application retained by him. The applicant must also sign both the application and the license at the time of the issuance thereof. (3) A license, when issued, is subject to the following conditions: (i) Said license shall not be defaced, mutilated, disfigured or otherwise altered subsequent to its issuance; and failure to comply herewith is grounds for revocation of said license and for refusing its renewal or the issuance of a new license thereafter. (ii) It is nontransferable and for the exclusive use of the licensee named. (iii) Should a license be found in the possession of one other than the licensee named, it shall be surrendered to the collector and revoked and neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section. (iv) The licensee named must identify himself by his signature whenever required to do so by any city police officer, or any authorized agent of the collector. (v) Every license issued under the provisions of this section shall expire on the 31st day of December of the current year; provided however that a license newly issued on or after November 1st of the current year shall expire on the 31st day of December of the next year. (vi) It shall be unlawful for any person other than the licensee named to use or have in his possession any license issued pursuant to the provisions of this section. (vii) It shall be unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section or for any person to transfer or convey the certificates mentioned in this section to any other person for the purpose of securing a license as herein provided. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-51. Nonprofit organizations. The provisions of this Chapter shall not be construed to require the payment of a license fee to conduct any business, occupation or activity or require the payment of any license fee from any institution or organization which currently has or is eligible for an exemption from the payment of federal income taxes under Section 501 of the Federal Internal Revenue Code as amended from time to time and/or exemption from the payment of state income taxes under Section 23701 et seq. of the California Revenue and Taxation Code as amended from time to time. An institution or organization claiming a license fee exemption under this section has the burden of furnishing to the collector such information as the collector may require to support the claim of eligibility for exemption. City PiNaPPAIRgil RFP No. 23-%-'5 117 PQ4 196 Nothing in this section shall be construed to relieve an institution or organization which is eligible for or claims to be eligible for exemption from payment of a business license fee from the requirement to obtain a business license as provided in Section 21-52 of this Code. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-52. Same —Business license required; exceptions. Any person, institution or organization claiming exemption from the payment of a business license fee under Section 21-50 shall, nevertheless, apply to the collector for a business license in the same manner, and at the same time as is required in this Chapter of all other persons applying for a business license and shall be subject to the same procedures for enforcement and to the same penalties as provided herein. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-53. Minimum gross receipts —Gratuitous license charge. The provisions of this Chapter shall not be deemed or construed to apply to any person doing business in the city on a continuing but part-time basis whose gross receipts therefrom do not exceed the annual qualifying threshold amount per year as set forth in Section 21-120m(a). Any person claiming exemption under this Section shall be required, however, to provide information to the collector or his authorized agent of such nature and in such manner, and at such time as is required in this Chapter of persons applying for a business license and shall be subject to the same procedures for enforcement and for penalties as are provided herein. Provided, further that an annual charge as set forth in Section 21-120m(b) shall be due and payable for the issuance of a gratuitous license receipt. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 5, 6-21-22) Sec. 21-54. Hobby —Gratuitous license charge. The provisions of this Chapter shall not be deemed or construed to apply to any person engaged in hobby activity in the city. Any person claiming exemption under this Section shall be required, however, to provide information to the collector or his authorized agent of such nature and in such manner, and at such times as is required in this Chapter of persons applying for a business license and shall be subject to the same procedures for enforcement and for penalties as are provided herein. Provided further, that an annual charge as set forth in Section 21-120h(2) shall be due and payable for the issuance of a gratuitous license receipt. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 5, 6-21-22) Sec. 21-55. Fee -exempt licenses —Limitations. (a) Every license issued without payment of the usual fee shall be stamped "Fee -Exempt" upon its face. (b) Any license issued as fee -exempt shall be subject to suspension and revocation by the collector in the event that it is determined by the collector that the applicant is not entitled to exemption. All such suspensions and revocations shall be made after notice and right to a hearing pursuant to Section 21-41. (c) Any license issued as fee -exempt shall be void and shall afford no defense in any civil or criminal prosecution if any material statement contained in the application, statement of facts or any other document or representation made to the collector in claiming the exemption is false or fraudulent. (d) No fee -exempt license may be transferred or loaned. City PiNaP#'PAKil RFP No. 23-%-'5 118 0 196 (e) Upon uncertainty, for lack of information or otherwise, as to the entitlement of any organization or activity to a fee -exempt license, the collector may require the filing of a verified report of all funds received and disbursed by any licensee. Upon demand such licensee shall file said report in the form and detail as required by the collector within fifteen (15) days after demand. (Ord. No. NS-1922, § 1, 7-20-87) ARTICLE VI. APPORTIONMENT Sec. 21-56. Constitutional apportionment. None of the business taxes provided for by this Chapter shall be so applied so as to occasion an undue burden upon interstate commerce or be violative of the constitutions of the United States and/or the State of California. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-57. Apportionment; necessary rules and regulations. When, by reason of the provisions of the Constitution of the United States or the Constitution of the State of California, the business tax imposed by the provisions of this Chapter cannot be enforced as to any single class or set of classes of business or business activity without there being an apportionment according to the amount of business done in the city, or in the State of California, as the case may be, the collector, having first obtained the approval of the city attorney shall make such rules and regulations for the apportionment of the tax as are necessary or otherwise desirable to overcome the constitutional objections. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-58. Burden on interstate commerce; petition for adjustment. In any case where a license tax is claimed by a licensee, or applicant for license to place an undue burden upon interstate commerce, or be violative of the constitutions of the United States and/or the State of California, he or she may apply to the collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license tax. The applicant shall by affidavit and supporting testimony show his or her method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary in order to determine the extent, if any, of undue burden on such commerce. The collector shall then conduct an investigation and, having first obtained the approval of the city attorney, shall fix as the license tax for the applicant an amount that is reasonable and nondiscriminatory. If the license tax has already been paid, he or she shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector may base the license tax upon a percentage of the gross receipts of any other measure which will assure that the license tax levied shall be uniform with that levied on businesses of like nature so long as the amount levied does not exceed the license tax as prescribed by this Chapter. Should the collector determine the gross receipts measure of business tax to be the proper basis, he or she may require the applicant to submit, either at the time of termination of the applicant's business in the city, or at the end of each twelve (12) month period, a verified affidavit of the gross receipts and payment of the amount of license tax therefor; provided that no additional license tax during any one calendar year shall be required after the licensee has paid an amount equal to the annual license tax as prescribed in this Chapter. City PiNaP#'PAKil RFP No. 23-%-'5 119 0&?W§ 196 The collector shall, upon proper showing contained in the verified affidavit, cause the issuance of a license to such person showing partial exemption under this section with a license tax based upon the approved reduced gross receipts. The collector after giving notice and a reasonable opportunity for hearing to a licensee, shall revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-59. Undue burden on intercity commerce; petition for adjustment. None of the license taxes provided for in this Chapter shall be so applied as to occasion an undue burden upon any business done in the city, where the business conducted is related to a regularly established business conducted elsewhere. In any case where a license tax is claimed by any licensee or applicant for license to place an undue burden upon such commerce, he or she may apply to the collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license tax. The applicant shall by affidavit and supporting testimony show his or her method of conducting business, the gross volume of business inside the city, and such other information as the collector may deem necessary in order to determine the extent, if any, of undue burden of such commerce. The collector shall then conduct an investigation, and, after having first obtained the written approval of the city attorney, shall fix as the business tax for the applicant an amount that is reasonable and nondiscriminatory. If the license tax has already been paid, he or she shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector may base the license tax upon a percentage of gross receipts from business conducted inside the city or any other measure which will assure that the business tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the business tax as prescribed by this Chapter. Should the collector determine the gross receipts measure of business tax to be the proper basis, he or she may require the applicant to submit, either at the time of termination of applicant's business in the city, or at the end of each twelve (12) month period, a verified affidavit of the gross receipts and payment of the amount of license tax therefor; provided that no additional license tax during any one calendar year shall be required after the licensee has paid an amount equal to the annual license tax as prescribed in this Chapter. The collector shall, upon proper showing contained in the verified affidavit, cause the issuance of a license to such person showing partial exemption under this section with a license tax based upon the approved reduced gross receipts. The collector after giving notice and a reasonable opportunity for hearing to licensee, shall revoke any license granted pursuant to this section upon information that the person is not entitled to the adjustment as provided herein. (Ord. No. NS-1922, § 1, 7-20-87) ARTICLE VII. PROCEDURE Sec. 21-60. Application; auto registration —Service fee. Before any license is issued, the applicant shall make a written application to the collector, which shall contain the following information: City PiNaP#'PAKil RFP No. 23-%-5 120 049 196 (1) The exact nature or kind of business, profession, show, exhibition, game, occupation or enterprise for which the license is requested; (2) The place where such business, profession, show, exhibition, or enterprise is to be carried on; and if the same is not to be carried on at any permanent place of business, the residence address, identified as such, of the owners of the same; (3) The address where the applicant shall consent to receive mail concerning the license applied for; (4) Where any person contracts, sells or delivers any goods, wares or merchandise in the city for which sales or use tax is payable, the application shall set for the appropriate California State Board of Equalization permit number; (5) Where any person employs others in the course of such business the application shall set forth the appropriate federal and/or state employer identification number; (6) Where any person conducting any business is self-employed, or is conducting business as a spouse or joint -owner or in any other capacity not requiring a federal and/or state employer identification number the application shall set forth the social security number of the applicant(s). Where any such applicant is not in possession of a social security number the collector in his or her discretion may accept another form of personal identification sufficient to properly identify such applicant; (7) In the event that the application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residence of those owning said business or enterprise; (8) In the event that the application is made for the issuance of a license to a person doing business as a state licensed contractor, the application shall set forth the applicant's state contractor's license number and specialty classification; (9) In all cases where the amount of tax to be paid is based upon the number of persons employed, or upon the number of vehicles used, or upon the number of rental units in any building or structure, or upon the seating capacity of any auditorium, stadium or enclosure, or upon the number of coin - operated machines or devices, or upon any amount or number which furnishes the basis for determination of the license tax for the particular business referred to in the application, such items must be stated on the application; provided that a newly established business shall make a true estimate or statement of such information and the business tax shall be based upon said estimation and shall be paid at the time such license is issued; (10) Any further information which the collector may require to enable him or her to issue the type of license applied for; (11) Any further information which the state may require, or any further information which the collector may deem necessary to properly identify the applicant; (12) A signed statement made under penalty of perjury that the statements therein are true and correct, which statement shall be required to be filed with the collector upon submission of any original license application, annual renewal statement, miscellaneous supplementary statement, or other return or filing. Each such declaration of truth of application or statement shall have included therein, or attached thereto, a certification or declaration, which shall be substantially in the following form: I declare, under penalty of perjury; that this application, return or statement (including any accompanying schedules, statements, and supporting data) has been examined by me, and, to the best of my knowledge, information, and belief, is a full true and correct application, return, or statement and I accordingly so represent. City PiNaPPAIP191l RFP No. 23-%-5 121 OQ4I2§ 196 (Signature of Owner, or Partner, or Officer of (Date) Corporation, or Other Authorized Agent or Representative of any of the above said same) (13) In the case of applications submitted via email, the collector in his or her discretion may accept a facsimile copy of the applicant's signature; (14) In the case of applications submitted via other electronic means, the collector in his or her discretion may accept a digital signature or other unique personal identification number (PIN) verification. All information specified to be set forth on any application form prescribed by the collector shall be submitted completely and accurately and the license shall be deemed based upon the information submitted and represented. The collector shall not be required to receive or consider, any application, return or statement unless the above quoted declaration, in substantially the form hereinabove set forth, is contained therein or attached thereto and properly executed by the applicant or the authorized agent or representative of the applicant, and it is unlawful and shall be deemed a misdemeanor in any such application, return or statement for such applicant or authorized agent or representative of the applicant to make any statement which is false or which is contrary to the declaration or representation made in the above quoted form. Any license shall be deemed based upon the application on file, and if the information is incomplete or inaccurate, the license shall be deemed invalid. If information submitted in an application subsequently becomes incomplete or inaccurate by reason of a change in circumstances, the license shall thereafter be deemed invalid. Upon the collector's learning of any inaccuracy or incompleteness, notice shall be given forthwith to the licensee, at the address shown on the license where the licensee consented to receive information concerning his or her license, that the license is invalid and requesting the licensee to reapply for a re -validated license within thirty (30) days. Upon the licensee's successful application for a re -validated license within the period hereinabove set the collector shall apply pro rata to the re -validated license the remainder of the sum originally paid by the licensee. Upon the licensee's failure to make successful application for a re -validated license within the period hereinabove set the collector shall give notice forthwith pursuant to Section 21-86 that the licensee's license is hereby suspended. Thereafter, upon denial of licensee's appeal it shall be revoked whereupon the licensee's original payment shall be forfeit. Any person refusing or failing to make application or to provide information required shall be assessed an amount pursuant to Section 21-41, and shall be in violation of this Chapter. The collector, upon making an assessment pursuant to Section 21-41, may in his or her discretion autoregister a license account in the name of any such person for purposes of assessing business license taxes, penalties, interest, charges, and service fees as applicable. Whenever the collector shall cause a license account to be registered an autoregistration service fee shall be applicable in the amount as specified by resolution of the city council. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-61. Application processing charge. A minimum charge is required for the processing of any initial or renewal license application. This charge shall be in addition to the business license tax and shall not be prorated. The charge shall not be refunded if the application is rejected. However, if after receipt of applicant's written notification of cancellation, no required inspection or investigation has taken place pursuant to any applicable provision of this Code, and no business activity has been transacted or carried on, then in that event a refund request for all inspection or investigation fees paid exceeding the amount specified in Section 21-120r(2) may be made pursuant to Section 21-87(d). In no City PiNaPPAKil RFP No. 23-%-5 122 AA9 196 event, however, shall the application processing charge be made refundable, other than as part of a refund made pursuant to Section 21-87(b). Provided further, that the collector may waive the processing charge in the case of a bonafide nonprofit, charitable, or otherwise fee -exempt licensee. The provisions of this Chapter notwithstanding, the following application categories shall pay an application processing charge as stated below: (a) Initial period application processing charge in the amount specified in Section 21-120i(2). (b) Renewal application processing charge in the amount specified in Section 21-120r(2). (c) Re -validation application processing charge in the amount specified in Section 21-120r(7). (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2131, § 1, 7-15-91; Ord. No. NS-3028 , § 6, 6-21-22) Sec. 21-62. Contents of license. All licenses, unless otherwise provided in this Code, shall be prepared and issued by the collector upon the payment to the city of the sum required to be paid hereunder, or upon filing of proof satisfactory to the collector of eligibility for exemption from such payment. Each license so issued shall state upon the face thereof the following: (1) The license number of the license. (2) The date of expiration of such license. (3) The persons to whom the same is issued, or where the said persons are doing business under a fictitious name; both the actual and fictitious names to whom the same is issued. (4) The kind of business, profession, show, exhibition, game, occupation or enterprise licensed and the location of the same. (5) Where said business involves the contracting, sale, or delivery of any goods, wares or merchandise in the city for which sales or use tax is payable to the state the state sales tax number issued to same. (6) A statement that the holder thereof has paid a license fee or a statement that the holder thereof is exempt from such payment; and said license when issued, shall be deemed the receipt for said payment received by the city. (7) A statement that this license is issued without verification that the licensee is subject to or exempt from licensing by the State of California. (8) Any additional statement the collector may deem necessary or which the state may require. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-63. Statement of fee; mistake not conclusive. (a) No greater or lesser amount of money shall be charged or received for any license tax other than provided for in this Chapter. In no case shall any mistake of the collector in stating the amount of a license tax, or of penalties, or interest accrued thereon prevent or prejudice the collection by the city of what should actually be due from any person carrying on a business subject to a license tax under this Chapter. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. City PiNaP#'PAKil RFP No. 23-%-5 123 �9 UARAU51 196 (b) Where a mistake is made in the issuance of any license with regard to the classification under which said license was issued, then a new license shall be issued in the proper classification in lieu thereof, under the date of the original license, and the licensee shall pay an additional amount required by such a change. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-64. How and when payable; effect of dishonored instrument; return payment service fee. All business license taxes or deposits in lieu thereof due hereunder shall be paid in advance, in lawful money of the United States, or by check, draft or other instrument in the discretion of the collector, at the office of the collector in the finance department of the city. No business license shall be issued or renewed until the amount due and payable has been paid in full. Any license, the fee for which has been paid by an instrument such as a check, or draft which is dishonored upon presentation for payment, shall be void and of no effect from its inception. The collector, may, in his or her discretion, withhold the effect of this provision if the fee is paid within fifteen (15) days. Payment of license fees following a dishonor of such instrument upon presentation for payment shall thereafter be made only by cashier's check, money order or cash, which fee shall include any applicable penalty, as well as a return payment service fee in the amount as specified by resolution of the city council for such dishonored instrument. The collector shall be authorized to reject payment other than by cash, cashier's check or money order from such licensee for a period of two (2) years following any such dishonor. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-65. Same —Method of computation. In computing the amount of tax to be paid under this Chapter, the amount shall be rounded off to the nearest dollar as follows: If the remaining fraction of a dollar is forty-nine cents ($0.49) or less, such fraction shall be waived; if the remaining fraction of a dollar is fifty cents ($0.50) or more, the next highest full dollar shall be charged. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-66. Same —Application of money towards delinquent fees. Money received during the current year for a license shall first be applied to the payment of delinquent fees, sums and penalties due during any preceding calendar year, any balance remaining thereafter shall be applied to the payment of the current license fees and penalties. A license issued during any prior year to the same owner, tenant or occupant for the same place of business shall be prima facie evidence in any court or administrative proceeding that the business was continuously operated by the same person or firm from said prior year to the current year. (Ord. No. NS1922, § 1, 7-20-87) Sec. 21-67. Nontransferable, change of name or location. (a) No license issued pursuant to this Chapter shall be transferable or assignable; provided, that where a license is issued authorizing a person to conduct a business at a particular place, such licensee may upon application therefor and upon paying a charge in the amount specified in Section 21-120c(2) have the license amended to authorize the conducting of such business under said license at some other location to which the business is or is to be moved. City PiNPPAIRgil RFP No. 23-%-5 124 196 (b) Provided that where a person holding a license issued under the provisions of this Chapter changes the name of the business, such person shall upon changing the name make an application to the collector and pay a charge in the amount specified in Section 21-120c(3) to have said license amended to reflect the change in name. (c) Provided further that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this Section. For the purpose of this Section stockholders, bondholders, partnerships, or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 6, 6-21-22) Sec. 21-68. Use of license by unlicensed person. No person holding a license required by this Chapter shall permit any unlicensed independent contractor, itinerant merchant, or other person to use the license, the licensed premises or the licensee's name for the purpose of evading payment of any license tax or of evading any other provision of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-69. Duplicates. A duplicate license may be issued to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing a statement of such fact, and, at the time of filing such statement, paying a duplicate license charge in the amount specified in Section 21-120d(5). (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 6, 6-21-22) Sec. 21-70. Posting; public display; keeping on person. (1) Any licensee transacting and carrying on business at a fixed place of business in the city which is open to the public shall keep the license prominently posted in a conspicuous and public place upon the premises where such business is carried on. Provided further that any licensee transacting and carrying on business at a fixed place of business in the city which is closed to the public shall nevertheless keep the license posted in a conspicuous and accessible place upon the premises where such business is carried on. (2) Any licensee transacting and carrying on business at a fixed place of business in the city without an agent or employee on the premises shall post in a conspicuous place the name, address and telephone number of the person or persons to be contacted to verify the possession of a proper and valid license. (3) Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license within his or her possession at all times while transacting and carrying on such business. (4) Whenever the city shall provide a special tag or plate for the identification of a vehicle for which a business license tax has been paid, such tag or plate shall be affixed to the vehicle in accordance with the pertinent regulations of the collector. (5) Whenever the city shall provide a special decal, metal -cal or label for the identification of a coin -operated machine or device for which a business license tax has been paid, such decal, metal -cal or label shall be affixed to the machine or device in accordance with the pertinent regulations of the collector. City PiNaPPAKil RFP No. 23-%-5 125 P �� 12a`fi 196 (6) Any person having a license under the provisions of this Chapter shall produce and exhibit same whenever required to do so by any revenue officer or police officer, or by any other officer or official or employee authorized to inspect licenses or by any person being solicited. (7) No person shall exhibit a revoked business license. (8) No person shall reproduce, duplicate, copy or alter an original business license for the purpose of circumventing the requirement of this section by giving a false or misleading impression that any duplication of an original city business license is valid and that the appropriate fee therefor has been paid. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-71. Term of license; renewal; annual and quarterly. All annual license renewals shall be for the period of twelve (12) months as specified hereinafter. (a) All annual license renewals based upon a flat rate shall be for the twelve-month period beginning January first of the current year and shall expire on the thirty-first day of December of the current year. (b) All annual license renewals based upon a variable flat rate shall be for the twelve-month period beginning July first of the current year and shall expire on the thirtieth day of June of the following year. (c) All annual license renewals based upon gross receipts shall be for the twelve-month period beginning on April first of the current year and shall expire on the thirty-first day of March of the following year. (d) All quarterly licenses shall be for the period of three (3) months beginning on the first day of January and ending on the thirty-first day of March; on the first day of April and ending on the thirtieth day of June; on the first day of July and ending on the thirtieth day of September; on the first day of October and ending on the thirty-first day of December. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2161, § 1, 6-15-92) Sec. 21-72. Term of license; new; annual and quarterly. (a) All new annual licenses issued and based upon a flat rate shall be for the period of time remaining in the twelve-month period beginning January first of the current year and shall expire on the thirty-first day of December of the current year; provided, however, that all new annual licenses issued between December first of the current year and December thirty-first of the current year shall be for the period of the month of December of the current year as well as the entire period of the following twelve (12) months ending on December thirty-first. (b) All new annual licenses issued and based upon a variable flat rate shall be for the period of time remaining in the twelve-month period beginning July first of the current year and shall expire on the thirtieth day of June of the following year; provided, however, that all new annual licenses issued between May first of the current year and May thirty-first of the current year shall be for the period of the month of May of the current year as well as the entire period of the following twelve (12) months ending June thirtieth. (c) All new annual licenses issued and based upon gross receipts shall be for the period of time remaining in the twelve-month period beginning April first of the current year and shall expire on the thirty-first day of March of the following year; provided, however, that all new annual licenses issued between March first of the current year and March thirty-first of the current year shall be for the period of time in the month of March of the current year as well as the entire period of the following twelve (12) months ending March thirty-first. (d) All new quarterly licenses issued shall be for the time remaining in the individual quarter. City PiNaPPAKil RFP No. 23-%-5 126 PaN@/196 (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 3, 6-18-90; Ord. No. NS-2161, § 2, 6-15-92) Editor's note(s)—Ord. No. NS-2161, § 2, adopted June 15, 1992, renumbered former § 21-73 as § 21-72 and amended the same to read as herein set out. Sec. 21-73. Renewal due dates. (a) The flat rate license taxes required to be paid by the provisions of this Chapter, if paid annually, shall become due and payable on the first day of December and shall become delinquent on the first day of January of each year or, if paid quarterly, shall become due and payable on the first day of December, March, June and September and shall become delinquent on the first day of January, April, July and October, respectively. (b) The variable flat rate license taxes required to be paid by the provisions of this Chapter, if paid annually, shall become due and payable on the first day of June and shall become delinquent on the first day of July of each year or, if paid quarterly, shall become due and payable on the first day of June, September, December and March and shall become delinquent on the first day of July, October, January and April, respectively. (c) The gross receipts license taxes required to be paid by the provisions of this Chapter, if paid annually, shall become due and payable on the first day of March and shall become delinquent on the first day of April of each year or, if paid quarterly, shall become due and payable on the first day of March, June, September and December and shall become delinquent on the first day of April, July, September and January, respectively. (d) The gross receipts license tax and the variable flat rate license tax for the current year shall each be based respectively on the filed gross receipts statement and the filed variable flat rate assessment statement. The flat rate license tax for the current year shall be based on the schedule of flat rate taxes as specified by the provisions of this Chapter. (e) Any business holding a currently valid annual city business license tax receipt and desiring to pay tax quarterly may elect upon renewal to do so by making application and paying a quarterly fee equal to twenty- five (25) per cent of the annual rate. (f) All daily or monthly license taxes shall be paid in advance. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2161, § 3, 6-15-92) Editor's note(s)—Ord. No. NS-2161, § 3, adopted June 15, 1992, renumbered former § 21-72 as § 21-73 and amended the same to read as herein set out. Sec. 21-74. Renewal license; affidavit. In all cases, the applicant for the renewal of a license shall submit to the collector for his or her guidance in ascertaining the amount of the license tax to be paid by the applicant, a sworn statement, upon a form to be provided by the collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the collector to enable him or her to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-75. Notification of flat rate tax due. Notification of business license tax due, when said taxes are based upon flat rates, will be given by first class United States mail no later than the fifteenth day of December, provided that failure to receive such notification shall not exempt the licensee from all requirements under this Chapter. City PiNPPAIRgil RFP No. 23-%-5 127 PaN@/196 (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2161, § 4, 6-15-92) Sec. 21-76. Renewal statement; variable flat rate; submission and filing; notification of variable flat rate tax renewal. (a) Where the license is based on a variable flat rate, the applicant shall submit to the collector, for his or her guidance in ascertaining the amount of license tax to be paid by the applicant, a written statement upon a form to be provided by the collector, written under penalty of perjury or sworn to before a person authorized to administer oaths, setting forth such information concerning the nature, location, intended duration and ownership of applicant's business as well as any additional information required by the collector to enable him or her to ascertain the amount of license tax to be paid by said applicant pursuant to the provisions of this Chapter. The filing dates for the submission of renewal statements and the payment of business license tax due shall be during the period from the first day of June to the thirtieth day of June of each calendar year. In the case of a variable flat tax based upon the number of persons engaged or employed, the statement shall be for the preceding twelve-month period beginning April first of the preceding year and ending March thirty-first of the current year. (b) Where a category or class of variable flat rate licenses is based on a variable flat rate applied to a fixed amount or number which then thereafter does not vary, then, at the discretion of the collector, the variable flat rate assessment statement may be omitted and a notification of business license tax due may be given at the same time and in the same manner as is applied in the case of flat rate business license. Said business license tax shall then be due and payable and shall become delinquent in the same manner as flat rate business licenses. (c) Notification of business license tax renewal, when such taxes are based upon variable flat rates, will be given by first class United States mail no later than the fifteenth day of May, provided that failure to receive such notification shall not exempt the licensee from all requirements under this Chapter. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 4, 6-18-90; Ord. No. NS-2161, § 5, 6-15-92) Sec. 21-77. Renewal statement; gross receipts; submission and filing; notification of gross receipts tax renewal. (a) In all cases where the license is based on gross receipts, the applicant shall submit to the collector, for his or her guidance in ascertaining the amount of the license to be paid by the applicant, a written statement upon a form to be provided by the collector, written under penalty of perjury or sworn to before a person authorized to administer oaths, setting forth such information concerning the nature, location, intended duration, and ownership of applicant's business as well as applicant's gross receipts during the preceding calendar year as may be required by the collector to enable him or her to ascertain the amount of license tax to be paid by said applicant pursuant to the provisions of this Chapter. The filing dates for the submission of gross receipts statements and the payment of business license tax due shall be during the period from the first day of March to the thirty-first day of March. (b) Notification of business license tax renewal, when said taxes are based upon gross receipts, will be given by first class United States mail no later than the fifteenth day of February, provided that failure to receive such notification shall not exempt the licensee from all requirements under this Chapter. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2161, § 6, 6-15-92) City PiNPPAIRgil RFP No. 23-%-5 128 PaN@/196 Sec. 21-78. Miscalculation of tax, application of deposit or credit amount; effect. (a) Where the applicant has submitted a timely renewal statement and remitted the tax owed as required pursuant to Sections 21-76 and 21-77, no penalty or interest shall accrue for thirty (30) days on any amount ascertained to be deficient, where said deficiency is determined to be the result of the applicant's miscalculation of the amount of the business license tax owed. (b) Where a deposit or credit amount exists and the applicant has submitted a timely renewal statement, no penalty or interest shall accrue for thirty (30) days on any amount ascertained to be deficient. (c) Notification of deficient business license tax due will be given by first class United States mail no later than the fifteenth day of the first month following the due dates for the submission of renewal statements as set forth in Sections 21-76 and 21-77. (d) Failure to receive such notifications shall not exempt the licensee from all requirements under this Chapter. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2161, § 7, 6-15-92) Sec. 21-79. Same —Failure to file or correct -Notice of assessment. If any person fails to file any renewal statement within the prescribed time or if after demand therefor he or she fails to file a corrected statement, the collector shall determine the amount of license tax due by means of such information as he or she may be able to obtain. In determining the amount of license tax due for any business for whom the gross receipts of such business is made the basis for fixing the amount of such license the collector may in his or her discretion base such determination upon an average of the reported gross receipts of like businesses, similarly classified. Upon making a determination, the collector shall give a notice of the amount due by personal service or by depositing it in the United States post office in the city, postage prepaid, addressed to the person at his or her last known address. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-80. Same —Not conclusive; audit of books. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his or her revenue officers, or duly authorized employees or agents of the City, who are hereby authorized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. All persons subject to the provisions of this Chapter shall keep complete and detailed records of business transactions, including, but not limited to, the following: rent collected, daily sales, sales taxes collected and paid to the state, any and all city, state and federal taxes collected and remitted from cannabis sales, point of sales (POS) system detailed daily sales data base and summary monthly sales reports, receipts, purchases, and other expenditures, detailed general ledger, income statements, cash flow statements, balance sheets, sales journals, cash disbursement journals and ledgers including payroll journals, third -party staffing agency statements, lease agreements, and other reports regarding the number and types of persons employed and/or otherwise engaged in the business, and shall retain all such records for examination by the collector, his or her revenue officers, or duly authorized employees or agents of the City. Such records shall be maintained for the period of the current calendar year, and for a prior period of at least three (3) complete calendar years or from the commencement of business within the city, whichever period is least. In the event such records of any business are not maintained City PiNPPAIRgil RFP No. 23-%-5 129 196 within the city and are not reasonably made available for examination within the city, then such business shall be responsible for the actual travel and lodging cost in connection with the performance of said examination. No person required to keep records under this section shall refuse to allow the collector, his or her revenue officers, or duly authorized employees or agents of the City to examine said records at reasonable times and places. Any person who willfully refuses to allow said examination on demand and at a reasonable time and place as herein provided shall be deemed guilty of a misdemeanor. In addition, such willful refusal shall be cause for suspension and/or revocation of such business' existing Santa Ana Business License as set out in section 21-86 of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2972 , § 11, 9-3-19) Sec. 21-80.1. Same —Audit deficiency; application of penalty and interest; voluntary compliance effect; abatement of penalty and interest application; exception for business license taxes assessed on a monthly basis; audit service fees. In the event that the collector or his or her designated agents, whether through an audit or otherwise, determine that any person has misstated their gross receipts amount, square footage amount, or other criteria upon which their current or prior years' business license tax has been calculated resulting in an underpayment of the tax amount owed, the collector shall separately calculate the deficiency for each distinct license period affected and issue a statement of tax deficiency and add delinquency penalties as applicable to the amount of the tax deficiency in accordance with Section 21-25, subsection (a) and Section 21-83, subsection (a), together with interest as provided under Sections 21-84 and 21-85, as applicable, until such time as the tax deficiency together with the accrued penalties and interest, are satisfied. In the case of business license taxes which are assessed and payable on a monthly basis, an identical procedure shall be applied by the collector. Provided, however, that the provisions of Section 21-25 shall not apply. Except business license taxes which are assessed and payable on a monthly basis, where any person voluntarily reports a tax deficiency on business license taxes which are assessed and payable on an annual basis such person's penalty and interest assessment on said deficiency shall be abated until the combined amount of tax, penalty and interest due is equalized to an amount equivalent to the amount of current and prior years' taxes owing as computed or determined based upon the business license tax rates and charges in effect for the most current tax year. In computing the abatement of accrued penalties and interest to arrive at a combined amount of tax, penalty and interest equivalent to the amount of the current or prior years' taxes owing as computed or determined based upon the business license tax rates in effect for the most current tax year the collector in his or her discretion may retain a sufficient amount of accrued penalty alone, or a sufficient amount of accrued interest alone, or any sufficient combination of accrued penalty amount and accrued interest amount necessary. Whenever the result of any audit performed pursuant to this Chapter, excluding audits performed in connection with any medicinal cannabis business or commercial cannabis business, determines that any licensee has, exclusive of penalties and interest, underpaid the amount of their business license tax by five (5) per cent or more of the total amount due, but not less than two hundred fifty dollars ($250.00), then an audit service fee in an amount as specified by resolution of the City Council shall be applied. In the case of audits performed pursuant to this Chapter in connection with any medicinal cannabis business or commercial cannabis business that has, exclusive of penalties and interest, underpaid the amount of their business license tax by five (5) per cent or more of the total amount due, but not less than five thousand dollars ($5,000.00), then such cannabis business shall be responsible for the City's actual cost of performing said audit. (Ord. No. NS-2841, § 6, 2-4-13; Ord. No. NS-2972 , § 12, 9-3-19) City PiNaPPAKil RFP No. 23-%-5 130 PaN@/ 196 Sec. 21-81. Confidentiality. It shall be unlawful for the collector or any person having administrative duty under the provisions of this ordinance [Ord. No. NS-1922] to make known in any manner whatsoever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a license, or pay a license tax, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof to be seen or examined by any person. All gross receipts statements or estimates required by this Chapter shall be confidential and are hereby declared not to be public records. Any unauthorized disclosure or use of such information by any officer, agent or employee of the city shall be subject to the penalty provisions of this Code in addition to any other penalties provided by law. Provided that nothing in this section shall be construed to prevent: (1) The disclosure to, or the examination of records and equipment by, another city official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this Chapter, or collecting taxes imposed hereunder; (2) The disclosure of information to, or the examination of records by, federal or state officials, or the tax officials of another city or county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena; (3) The disclosure of information and result of examination of records of particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the city; (4) The disclosure after the filing of a written request to that effect, to the taxpayer himself or herself, or to his or her successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any tax paid, any unpaid tax or amounts required to be collected, interest and penalties; (5) The disclosure of the names and business addresses of persons to whom licenses are currently issued, and the general type or nature of their business; (6) The disclosure by way of public meeting or otherwise of such information as may be necessary to the city council in order to permit it to be fully advised as to the facts when a taxpayer files an appeals claim for fee -exemption, license reinstatement, refund of forfeited fees or bonds, compromise with regard to a claim asserted against him or her by the city for license taxes, or when acting upon any other matter; (7) The disclosure of general statistics regarding taxes collected or business done in the city. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-82. Payments, statements, etc., made by mail; effect. When the last day of the month in which the business tax is due falls on a Saturday, Sunday, or state or national holiday, payment of the business license tax may be made without penalty on the first working day of the succeeding month. For the purpose of this article, postmarks shall be accepted as the date of payment made, provided the transmitting envelope contains a post office cancellation indicating not later than the date due, or in the case of a weekend or holiday, not later than the first following working day. Whenever any other payment, statement, application, report or other communication received by the collector is received after the time prescribed by this Chapter for the receipt thereof, and whenever the collector is furnished sufficient proof that the payment, statement, application, report, request or other communication was City PiNPPAIRgil RFP No. 23-%-5 131 PaN@W� 196 in fact deposited in the United States mail prior to the time prescribed for the receipt thereof, the tax collector shall regard such payment, statement, report, request or other communication as having been timely received. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-83. Penalties for past due delinquency; application —Minor errors in payments; acceptance. (a) For failure to fully pay any business license renewal tax amount when due, the collector shall add the following penalties: (1) Ten dollars ($10.00) or ten (10) per cent of the unpaid balance of said amount, whichever is greater, on the past due date thereof, (2) Fifteen dollars ($15.00) or fifteen (15) per cent of the unpaid balance of said amount, whichever is greater, on the first day of the second month after the due date thereof; (3) Twenty-five dollars ($25.00) or twenty-five (25) per cent of the unpaid balance of said amount, whichever is greater, on the first day of the third month after the due date thereof; and (4) Fifty dollars ($50.00) or fifty (50) per cent of the unpaid balance of said amount, whichever is greater, on the first day of the fourth month after the due date thereof; provided that the maximum amount shall not exceed an amount equal to one hundred (100) per cent of the amount of the business license tax due. Notification of delinquent business license taxes will be given by first class United States mail no later than the fifteenth day of each month, until the maximum penalty is imposed; provided that failure to receive such notification shall not exempt the licensee from all requirements under this Chapter. (b) In the event a minor discrepancy exists between the amount paid and the amount due under this Chapter, arising from a miscalculation on the part of an applicant or licensee, and resulting in an underpayment of the business license tax in an amount not to exceed such amount as is specified by resolution of the city council, the collector may accept and record the underpayment as payment in full without notification to the taxpayer. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-83.1. Partial payment; not construed as meeting requirements of chapter — Installment payments and/or deferral; permitted —Written agreement to satisfy indebtedness; effect. (a) Except as provided in Section 21-83, subsection (b), acceptance of any partial payment of business license tax or penalty or interest owing that is less than the amount required under the terms of this Chapter shall not be construed as meeting the requirements of this Chapter. No license or sticker, decal, tag, plate or symbol shall be issued, nor shall one (1) which has been suspended or revoked be reinstated or reissued, to any person who, at the time of applying therefor, is indebted to the city for any delinquent business tax, unless such person, enters into an acceptable binding written agreement with the city to satisfy said delinquency within one (1) year. With the consent of the collector such agreements may be deferred or extended for a period exceeding one (1) year. (b) The execution of any agreement to satisfy delinquent business license taxes by means of installment payments and/or deferral shall not prevent the accrual of penalties and interest as applicable on the unpaid balance as provided under the terms of this Chapter. However, such additional penalties as may accrue and City PiNaPPAKil RFP No. 23-%-5 132 PaN@/ 196 the interest on such penalties shall not be applied after the execution of such agreement and the payment of the first installment and during such time as such person shall not be in breach of the agreement. Upon the timely payment of the final installment of the agreement such additional penalties and the interest thereon as may have accrued shall be waived. In any agreement so entered into, such person shall acknowledge the obligation owed the city and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid, principal together with accrued penalties and interest thereon, shall become immediately due and payable. In the event such person fails within a period of thirty (30) days thereafter to render payment in full, such person's current business license may be revoked by the collector. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including attorney fees. The execution of such an agreement shall render any subsequent appeal null and void and shall constitute a waiver against future action. (Ord. No. NS-2841, § 6, 2-4-13) Sec. 21-84. Same —Added to tax. Any penalties assessed hereunder, exclusive of interest, upon attaining a combined amount equal to one hundred (100) per cent of the amount of the business license tax due shall become merged with the tax payable hereunder and shall be considered as a part thereof for all purposes. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-85. Same —Interest. In addition to the past due delinquency penalties imposed in Section 21-83, any business that fails to remit the tax due shall pay interest at the rate of one (1) per cent per month, or portion thereof, exclusive of penalties, on the amount of the unpaid tax, from the date on which remittance first became delinquent until paid -in -full or otherwise satisfied. Provided however, that pursuant to Section 21-84 penalties upon attaining a combined amount equal to one hundred (100) per cent of the amount of the business license tax due are merged with the tax payable hereunder and any additional interest charged from such date on shall be charged the combined amount delinquent until paid. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-86. Same —Suspension and revocation of business license. The collector shall suspend and/or revoke any business license issued or granted pursuant to this Chapter only upon those grounds set forth in Sections 21-45, 21-50, 21-55, 21-58, 21-59, 21-60, 21-80, 21-136 or upon conditions set forth in any written agreement executed pursuant to Section 21-83. Provided further, that unless revocation is made upon conditions set forth in a written agreement executed pursuant to Section 21-83 or upon licensee's failure to comply with the requirements of Section 21-136, no licensee's business license shall be suspended and/or revoked for failure to pay any annual business license tax as set forth in this Chapter, or any monthly business license tax as set forth in Article XII or Article XIII of this Chapter, or any other amount due pursuant to this Chapter until the penalties accruing for such failure to pay, exclusive of interest, have attained the maximum applicable amount permissible under the terms of this Chapter. Whereupon, the collector shall give a notice of suspension, which notice shall specify the grounds for suspension, and which notice shall be given by personal service or by depositing it in the United States post office in the city, postage prepaid, addressed to the licensee at the address listed on the application of the licensee where he or she consented to receive mail concerning his or her license, to obtain a license or to pay any license tax due or the City PiNaPPAKil RFP No. 23-%-5 133 PaN@/ 196 address listed on the most recent business license renewal affidavit or business license amendment statement; and/or conspicuously posting said notice upon the premises of the business. Service of notice shall be deemed completed upon the date of personal service of said notice, or the date of mailing of said notice, or the date of actual posting of said notice on the premises of the licensee whichever occurs first. In the event said licensee fails, within a period of thirty (30) days' notice, to pay the business license tax due or any other amount due pursuant to this Chapter, or to request a hearing the procedure for which shall be as provided in Section 21-41, then and in that event the collector shall give a notice of revocation. The licensee shall be given at least ten (10) days' notice, which notice shall specify the grounds for revocation, and which notice shall be given pursuant to the hereinabove set forth procedure for giving notice. In the event said licensee fails within the allotted ten (10) day period to request a hearing to show cause why his or her business license should not be revoked, then and in that event the collector shall revoke said person's license and give notice thereof to said person pursuant to the hereinabove set forth procedure for giving notice. In the event said licensee fails to file within ten (10) days thereafter, an appeal pursuant to Chapter 3 of this Code, then the collector's action in revoking said person's business license shall be conclusive as to all matters involved, and the transacting and carrying on by any person of any business pursuant to said license shall thereafter be deemed a misdemeanor. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2972 , § 13, 9-3-19) Sec. 21-87. Refunds authorized. Any business tax, or penalties or interest thereon, or portion thereof, may be refunded, if they were: (a) Paid more than once; (b) Erroneously or illegally collected; (c) Paid in excess of the correct amount due; (d) Issued for a business which subsequently, does not operate in the city, due to applicant's inability to obtain additional permits required under any provision of this Code. In such case, the applicant shall be entitled to a refund of the business tax paid. Where applicant cancels his license prior to any inspection or investigation taking place, then in that event, applicant shall be entitled to a refund of all tax, inspection or investigation fees paid, less the fifteen dollar ($15.00) application processing charge, without further deduction to cover the administrative cost therefor; (e) Issued for a business which subsequently becomes prohibited or illegal under any law of the state. In such case, the amount refunded shall be prorated on the basis of the proportion which the number of months remaining in the period for which the business tax was paid bears to the number of months in the whole period. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-88. Application for refund. No refund of monies howsoever paid or collected shall be allowed in whole or in part unless an application therefor is filed with the collector within a period of one (1) year from the expiration of the license period for which a refund is sought, and all such claims for refund must be filed with the collector on forms furnished by him or her in the manner prescribed by him or her. Such application may be made only by the person who made the payment, his or her guardian, executor, administrator or heir. Refunds shall not be made to an assignee of the applicant. Upon the filing of such a claim, and when he or she determines that a refund is warranted, the collector City PiNaPPAKil RFP No. 23-%-5 134 Pa �/ 196 shall refund the amount warranted, less an amount equivalent to the application processing charge paid, which shall be retained to cover the administrative cost of the refund. Provided, however, that in the case of a refund made pursuant to Section 21-87(b), and where applicable, subsection (d), no deduction shall be made on account of the administrative cost therefor. The failure to file such application within the time prescribed herein shall bar any future right of recovery. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 6, 6-21-22) Sec. 21-89. Same —No refund in instance of other delinquency. Where the collector has determined pursuant to Section 21-88 that a refund is due upon a particular business license, but where the applicant or licensee is at the same time determined to be delinquent or otherwise liable for a business license tax upon a separate business license, or for a separate unlicensed business; then in that event, the collector shall apply said refund amount to the balance owing and delinquent for said business license or for said unlicensed business. The collector shall then refund any amount remaining. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-90. Same —Fraud bar to refund. No refund shall be made where the business license was issued under a misrepresentation of fact by the applicant and or such applicant actually engaged in the conduct of the business for which the license was granted prior to the date stated in applicant's original application. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-91. Same —Proof of payment prerequisite to refund. In all cases proof of payment shall be a prerequisite to any refund. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-92. Same —No refund upon termination of business. The business license taxes under the terms of this Chapter are not refundable upon termination of a business or for any unused portion or term of a license period. (Ord. No. NS-1922, § 1, 7-20-87) ARTICLE Vlll. ENFORCEMENT Sec. 21-93. Enforcement; duty to examine all places of business. It shall be the duty of the collector or his or her designated agents to enforce all of the provisions of this Chapter and the chief of police, the chief building official, the chief fire official, and the city attorney shall render such assistance in the enforcement thereof as may from time to time be required by the collector. The collector in the exercise of the duties imposed hereunder and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to assure compliance with the provisions of this Chapter. City PiNaPPAKil RFP No. 23-%-5 135 PaN@/? 196 (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-93.1. Enforcement; inspection/collection service fee —Application. (a) Whenever any person charged with the duty of enforcing this Chapter shall have cause to re-examine, re- inspect, re -investigate, or re -visit a place of business for purposes of enforcing any portion of the business license tax code or to collect any sum owed pursuant to this Chapter, a separate inspection/ collection service fee shall be applicable in the amount as specified by resolution of the city council. (b) In the case of a re-examination, re -inspection, re -investigation, or re -visitation of any local place of business pursuant to a violation of this Chapter or noncompliance with the business license tax code, a reasonable period of time shall be given to the responsible party to correct the violation or to come into satisfactory compliance with the requirements of this Chapter. If the violation or noncompliance necessitating the re- examination, re -inspection, re -investigation, or re -visitation of any local place of business is remedied prior to the expiration of the correction period no inspection/collection service fee shall be imposed. (c) Whenever the collection of the unpaid balance of any business license tax or other amount subject to the enforcement and collection requirements of this Chapter is sought by transfer to a collection agency, or any other method of assignment not inconsistent with the provisions of this Chapter, a transfer service fee in the amount as specified by resolution of the city council shall also apply. (d) The collector and his or her authorized agents charged with the duty of enforcing this Chapter, may waive the application of the inspection/collection service fee or any other service fee elsewhere established pursuant to the provisions of this Chapter, in connection with any satisfactory agreement entered into in accordance with Section 21-83.1, or any compromise of claim, or any agreement or settlement entered into pursuant to a court approved stipulation, or for other good cause shown. (Ord. No. NS-2841, § 6, 2-4-13) Sec. 21-94. Enforcement; right of entry. The collector and all of his or her duly authorized assistants and any police officer shall have the power and authority to enter during business hours, free of any charge, and at such other times as may be reasonable following due process of law, any place of business required to be licensed herein and demand a display of the required business license tax receipt. Failure to exhibit said license receipt upon demand therefor shall be punishable as specified hereinafter: (a) Any person not having such license tax receipt theretofore issued on the display in a conspicuous place on the premises pursuant to Section 21-70 shall be deemed guilty of a criminal infraction. (b) Any licensee whose license is delinquent and unissued and/or any licensee who has been placed on notice of a suspended license by personal service, or served notice through the United States mail, or by a notice conspicuously posted upon the premises, and who has not applied for, or who is not undergoing the process of a hearing or appeal pursuant to Sections 21-41 or 21-86 of this Chapter or Chapter 3 of this Code shall be deemed guilty of a criminal infraction. (c) Any person having been previously placed on notice of violation by personal service, or served notice through the United States mail, or by a notice conspicuously posted upon the premises, and who has not paid said business license tax or applied for exemption therefrom and who has not applied for, or who is not undergoing the process of a hearing or appeal pursuant to Sections 21-41 or 21-86 of this Chapter or Chapter 3 of this Code shall be deemed guilty of a criminal infraction. City PiNaPPAKil RFP No. 23-%-5 136 Pa �/ 196 (d) Any person having been previously placed on notice of revocation by personal service, or served notice through the United States mail, or by a notice conspicuously posted upon the premises, and who has not applied for, or who is not undergoing the process of a hearing or appeal pursuant to Section 21-41 or 21-86 of this Chapter or Chapter 3 of this Code shall be deemed guilty of a misdemeanor. (e) Any person having such license tax receipt theretofore issued in his or her possession or under his or her control, who willfully fails to exhibit the same on demand as provided for herein, shall be guilty of a misdemeanor. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-95. Enforcement; duty to enforce civil and penal penalties against delinquent licensees. It shall be the duty of the collector to maintain a list of all delinquent business taxes that are payable under this Chapter, and upon the same having attained the maximum penalty permitted under this Chapter of one hundred (100) per cent of the license tax due and upon the same coming to his or her knowledge, he or she shall give notice to the licensee of suspension and thereafter act to collect the same in his or her discretion, by suit or otherwise. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-96. Enforcement; duty to serve notice of violation; duty to file complaint or issue citation upon continued violation. It shall be the duty of the collector to cause a notice of violation to be served on any person found to be in violation of this Chapter and thereafter to cause a complaint to be filed and/or a citation issued to any person found to be in continuing violation of any provisions of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) ARTICLE IX. MISCELLANEOUS Sec. 21-97. Swap meets. Swap meet exhibitors and swap meet operators shall pay business license tax according to the provisions of this Section. (a) Definitions. As used in this Section, the following words, terms, or phrases shall have the meaning hereinafter set forth: (1) "Swap meet" shall mean any event where the place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public at large, during a specified period of time, may bring identifiable, tangible property and exhibit the same for sale or exchange. (2) "Swap meet exhibitor" shall mean any person exhibiting, displaying, selling, exchanging, offering for sale or exchange any property at a swap meet. (3) "Swap meet operator" shall mean any person or organization conducting or operating the business of a swap meet on any premises in the city excluding, however, swap meet exhibitors. City PiNaPPAKil RFP No. 23-%-5 137 196 (b) Fees. (1) Every swap meet operator shall pay an annual business license fee according to Section 21-119(1) of this Chapter. (2) Each swap meet exhibitor participating in a swap meet shall pay a fee in the amount specified in Section 21-120s(7) per swap meet stall per day. Where two (2) or more swap meet exhibitors share a single stall, each such exhibitor shall pay a separate daily stall fee. Such fee shall constitute a debt owed by the swap meet exhibitor to the city and shall be extinguished only by payment to the swap meet operator. The swap meet exhibitor shall pay the fee to the swap meet operator at the time and on each day the swap meet exhibitor participates in the swap meet. Any unpaid fee shall be paid upon the termination of the swap meet exhibitor's participation in the specific swap meet. Each swap meet operator shall collect the fee imposed by the provisions of this Section to the same extent and at the same time as any other fees are collected from every swap meet exhibitor. The amount of the fee shall be separately stated from any other monies collected by the swap meet operator. The fee shall be in addition to any other fee required by the city. (3) On or before the tenth day following each swap meet, each swap meet operator shall file a return with the collector showing the total amount of fees collected under this Section and such other information as may be required by the collector. At the time the return is filed, the swap meet operator shall remit the full amount of the fees collected to the collector. Returns and payments shall be due immediately upon cessation of business by the swap meet operator for any reason. (4) Every swap meet operator shall hold all fees collected under this Section in trust for the account of the city until payment thereof is made to the collector. Any swap meet operator who fails to remit the fees within the time specified shall pay a penalty of ten (10) per cent for each month said payment is overdue. (c) Records. Each swap meet operator shall keep full and accurate records of gross receipts and stall rentals to vendors in connection with the operation of the swap meet. The city, by and through its authorized officers shall have the right to examine and audit such records, including records of any bank accounts, at any reasonable time, and swap meet operators shall cooperate fully with inspection of them. Such records shall include, but are not limited to, the total amount of gross receipts from each day, as well as whatever records are necessary in order to provide the city any required information pursuant to subsection (b)(3) of this Section. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 7, 6-21-22) Sec. 21-98. Coin -operated machines or devices; license tax imposed; amount of tax; applicability of tax where devices are operated as secondary business. (a) For every person whose business is limited exclusively to renting, leasing, maintaining or letting the use of any coin -operated machine or device, or otherwise engaging in vending operations, or in operating any coin - operated machine or device at any location or fixed place of business owned or otherwise under the control of another, the annual license tax on business done exclusively within the city, for every device so rented, leased, let, maintained or operated, shall be the amount specified in Section 21-120v(1) per each ten cent ($0.10) device and over or the amount specified in Section 21-120v(2)(a) for the first five cent ($0.05) device and under and thereafter the amount specified in Section 21-120v(2)(b) for each such additional device five cents ($0.05) and under. (b) Any person whose primary business is not limited exclusively to coin -operated machines or devices, and for which he or she pays a license tax based on gross receipts, but who owns, leases, or rents for operation at his or her fixed place of business any coin -operated machine or device or who receives rent for the operation of City PiNaPPAKil RFP No. 23-%-5 138 PaN@/? 196 any coin -operated machine or device thereat, or who otherwise participates in the gross receipts derived from the operation of such machines thereat; such person may elect to combine the gross receipts of both activities and pay a license tax based upon the total receipts thereof which will be assessed at the same rate as is applied to his or her primary business according to Section 21-119 of this Chapter. Such election shall be made in writing at the time of applicant's original application for a business license or may be made once annually thereafter at the time of licensee's application for a renewal license. (c) Where any licensee engages in the operation of any coin -operated machine or device at his or her fixed place of business subsequent to the commencement and licensing of licensee's primary business, the initial license tax due shall be identical to the tax established in subsection (a) above. However, upon the expiration of the initial licensing period, licensee may elect to pay the tax as provided pursuant to subsection (b) above. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 7, 6-21-22) Sec. 21-99. Same —Applicability of tax where coin -operated machines or devices are operated as primary business. For every person whose primary business is limited exclusively to the operation of coin -operated machines or devices upon premises owned or controlled by such person, the annual license tax on business done shall be based upon the total gross receipts thereof according to Section 21-119(1) of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-100. Additional required information. At the time the license required under Section 21-98 is applied for, and thereafter annually at the time of the renewal of such license, or at such other time as the collector may set, the applicant or licensee shall provide to the collector a list giving the kind or character of machine or device, local business name and street address, and number of machines or devices at each proposed or existing location. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) Sec. 21-101. Sealing of nonidentified or unlicensed machines. The collector, as chief revenue officer, and each and every duly authorized revenue officer of the city shall seal the coin openings or slots in a manner which will render inoperative the coin devices on any machine or device not otherwise exempted by the provisions of the chapter which is found available to the public for operation and which does not have stamped or affixed thereon the required identification or for which the proper license tax has not been paid in full; in lieu thereof, he or she may seize and hold any such machine for the payment of such license tax pursuant to Section 21-102. A service charge in the amount specified in Section 21- 120s(1) shall be paid in advance to the collector, or his or her authorized agent by the owner or operator of any such machine or device so sealed for the removal of such seals. No person shall operate any machine or device so sealed without first submitting evidence to the collector or his or her duly authorized agent that payment of the required license tax and service charge prescribed in this Section has been made and until the required identification has been stamped upon or affixed to the machine or device and the collector or his or her agent has removed such seals. It is unlawful for any person other than the collector or his or her duly authorized agents to break any such seals. Any person so doing shall be deemed guilty of a misdemeanor. Upon receipt of evidence of payment in full of the tax and service charge and, when applicable, evidence of other required compliance by the owner or operator of any machine or device so sealed, the collector or his or her duly authorized agent shall break and remove such seals. In the event of seizure, any such machines shall be disposed of upon nonpayment of such City PiNaPPAKil RFP No. 23-%-5 139 196 tax as provided by the laws relative thereto, pursuant to Section 21-102. Such machines may be reclaimed by the owners, prior to disposal, upon payment of taxes and all costs involved in the seizure, storage and handling thereof. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 5, 6-21-22) Sec. 21-102. Enforcement; seizure of devices. In the event that any person engages in, conducts, transacts and carries on or manages the business of maintaining any coin -operated machines or devices and operates any such devices upon premises not belonging to, nor under the control of said person without obtaining a license therefor, or upon revocation of the same the collector shall seize such coin -operated machines or devices and hold them as security for the payment of the license fee or any other amount due and owing pursuant to this Chapter and shall not surrender same until a license is obtained or renewed. In the event the person owning or having control of the device fails, within a period of thirty (30) days after notice to said licensee served to the address listed on the application of the licensee where he or she consented to receive mail concerning his coin -operated machines or devices, to pay any license tax and any other amount due pursuant to this Chapter, then and in that event the device shall be disposed of as hereinafter provided in this section. Where the person owning or having control of the device has failed to obtain a license for said device prior to the seizure of said same then notice shall be served through United States mail to the person owning or having control of the device to the address affixed to the device listing the owner's name and address. Where no address is so affixed a notice shall be conspicuously posted upon the premises where the device is being operated. In the event said person fails, within a period of thirty (30) days after the serving or posting of said notice, to obtain a business license, then in that event the device shall be disposed of as hereinafter provided in this section. The device or devices or so many thereof shall be sold to satisfy the amount of license fee or any other amount due to the city pursuant to this Chapter and any device or devices not sold shall be surrendered to the owner thereof; provided further that in the event the device or devices are sold for a sum less than the amount of the license fee or any other amount due and owing to the city pursuant to this Chapter, the owner of the devices shall, nevertheless, remain liable for the balance of such license fees due and payable. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-103. Owner of business responsible. The owner of the business wherein the machine or device indicated herein is located shall be held responsible for the full amount of the tax if the owner of the machines or devices has not paid the tax when due and payable. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-104. Decal, metal -cal or labels to be attached to machine; information to be shown. (a) No person shall maintain any coin -operated machine or device within the city without having posted thereon, in a conspicuous place, a decal or label for identification purposes, on which is written the name, address and telephone number, if any, of the owner or operator thereof. (b) No person shall maintain any coin -operated machine or device within the city without having posted thereon, in a conspicuous place, a decal, metal -cal or label, which shall be issued and supplied by the collector upon payment of the required tax, which decal, metal -cal or label shall indicate that the license tax has been paid for the current period. City PiNaPPAKil RFP No. 23-%-5 140 Pa �� 196 (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-104.1. Exemptions. No business license tax or identification shall be required for the maintenance or operation of: (1) Any U.S. postage stamp machine; (2) Any change machine; (3) Any machine dispensing sanitary or hygienic articles, or drinking cups, towels or medicine, which machine or device is entirely owned by the owner or operator of the premises where installed and is maintained solely for the convenience of the employees, visitors or customers; (4) Any machine or device dispensing newspapers or magazines; provided, that the distributor owning and or the independently contracted agent servicing each such machine or device has paid a business tax for the current license year pursuant to Article X of this Chapter. In the event a business license tax has not been paid, the collector or his or her duly authorized agent shall take action pursuant to Sections 21-101 and 21-102 by sealing the coin openings or seizing any such machines or devices that are found available to the public for operation. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-105. Discontinuing maintenance of machines or devices; substitution of other machines or devices. In the event any person discontinues maintaining any machine or device duly licensed under this Chapter during a period when such machine or device is licensed under this Chapter, such licensee may substitute another like machine or device in its place, and may maintain such substituted machine or device without payment of an additional license tax for the unexpired period of the license carried on such discontinued machine or device; provided, that such person shall surrender the city -provided identifying decal, metal -cal or label, whichever the case may be, to the collector or his or her duly authorized agent and obtain a new identifying decal, metal -cal or label for such unexpired period for such substituted machine or device. (Ord. No. NS-1922, § 1, 7-20,87) Sec. 21-106. Applicability of chapter; operation of illegal machines or devices. Nothing contained in this Chapter nor any action of the collector or any duly authorized agent in issuing a license shall in any manner be considered as expressing any opinion or approval as to the legality of any machine or device and shall be no authority to operate any machines or devices as set forth in this article which may be illegal or illegally operated under the laws of the state. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-107. Peddlers, solicitors and pushcarts. (a) Any person, whether a resident of the city or not, traveling by foot, automotive vehicle or any other type conveyance from place to place or from street to street carrying, conveying or transporting goods, wares, merchandise, and offering and exposing the same for sale, or making sales and delivering articles to the purchasers or offering to sell or take orders for goods, wares, or merchandise or other things of value for City PiNPPAIRgil RFP No. 23-%-5 141 PaN@/?*2(§ 196 future delivery or for services to be performed in the future, or canvassing any opinions, preferences, endorsements or other information from persons within the city, not otherwise licensed under the provisions of this Chapter or not having a regularly established place of business within the city, as said established place of business within the city shall be defined in this Section, shall pay a license fee as follows: For Peddlers: (1) The amount specified in Section 21-120p(2) per year, or the amount specified in Section 21-120p(2) per day, unless the person, persons, firms or corporations for whom such persons peddling and/or soliciting have a principal's, peddler's or solicitor's license as hereinafter provided pursuant to Section 21-108. (2) The amount specified in Section 21-120p(3) per year, if the person, persons, firms or corporations for whom such person is peddling and/or soliciting have a principal's, peddler's or solicitor's license. For Solicitors: (3) The amount specified in Section 21-120s(4) per year, unless the person, persons, firms or corporations for whom such persons are soliciting have a principal's solicitor's license as hereinafter provided pursuant to Section 21-108. (4) The amount specified in Section 21-120s(5) per year, if the person, persons, firms or corporations for whom such person is soliciting have a principal's solicitor's license. (b) The phrase "having a regularly established place of business within the city" as used hereinabove and hereinafter below shall be defined as any individual having a fixed place of business, within the city for a period of not less than ninety (90) days and having a state board of equalization permit number applicable to the aforementioned place of business so established in the city. (c) Every person operating a pushcart vending business within the city shall pay a license fee in the amount specified in Section 21-120p(6) per year for each such pushcart operated within the city. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 5, 6-18-90; Ord. No. NS-2133, § 3, 7-15-91; Ord. No. NS-3028 , § 7, 6-21-22) Sec. 21-108. Principal's, peddler's or solicitor's license. Any person, firm or corporation, either employing one or more individuals, or contracting with one or more independent contractors to have such individuals solicit the retail sale of any goods, wares, merchandise, services or other things of value for future delivery or for services to be performed in the future, or to peddle or sell goods, wares and merchandise or to solicit any opinions, preferences, endorsements or other information from persons within the city, not otherwise licensed under the provisions of this Chapter or not having a regularly established place of business within the city, may obtain a principal's, peddler's or solicitor's license and pay a license fee as follows: For a Principal Peddler's License, the amount specified in Section 21-120p(4) annually, plus an additional amount as specified in Section 21-120p(4) per employee for each employee engaged in peddling within the city, including independent contractors required to be separately licensed pursuant to Section 21-107(a). For a Principal Solicitor's License, the amount specified in Section 21-120s(6) annually, plus an additional amount as specified in Section 21-120s(6) per employee for each employee engaged in peddling within the City, including independent contractors required to be separately licensed pursuant to Section 21-107(a). The collector shall not issue such license until the applicant files with the collector a list of all peddlers and/or solicitors employed by the applicant or with whom the applicant has contracted and a signed agreement that the City PiNaPPAKil RFP No. 23-%-5 142 PaN@/? 196 applicant, within five (S) days thereafter, will notify the collector in writing of every change in personnel of those soliciting and/or peddling for him. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 6, 6-18-90; Ord. No. NS-3028 , § 7, 6-21-22) Sec. 21-109. Same; requirements for license. No license to peddle or solicit shall be issued to any person unless and until such person furnishes the collector with his state board of equalization permit number and agrees to report separately in his sales tax return to the state the amount of receipts from sales in the city and agrees to pay the required sales or use tax on such receipts. This section shall apply only to those businesses subject to payment of a sales or use tax under the laws of the State of California. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-110. Radio broadcasting, television broadcasting; soliciting advertising therefor. Any person engaged in transacting and carrying on activities related to the generation of electromagnetic waves within the city for the purpose of commercial broadcasting by radio transmission or television transmission shall pay an annual business license fee according to Section 21-119(1) of this Chapter. Any person engaged in transacting and carrying on activities related to the solicitation of advertising within the city for radio or television transmission in intrastate commercial broadcasting and not otherwise licensed under the provisions of this Chapter and not having a regularly established place of business within the city pursuant to Section 21-107 shall pay an annual business license fee according to Section 21-108 of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87) Sec. 21-111.Off-premises commercial advertising signs; erecting of, maintaining of, selling of advertising space therefor. Any person engaged in transacting and carrying on the business of erecting, maintaining and selling of advertising space on off -premises commercial advertising signs shall pay a license tax therefor per sign face located in the city. For sign faces with gross dimensions equal to or less than three hundred (300) square feet said tax shall be at the rate as specified in Section 21-120o(1) per sign face. For sign faces with gross dimensions in excess of three hundred (300) square feet said tax shall be at the rate as specified in Section 21-120o(2) per sign face. (Ord. No. NS-1926, § 1, 10-19-87; Ord. No. NS-3028 , § 7, 6-21-22) Sec. 21-112. Trucking and hauling; transportation of property; delivering or carrying of goods, wares or merchandise; occasional and incidental activity; exemptions and exceptions. (a) Transportation of property. Every person whose business is that of operator of any vehicle used for the transportation of property for hire or compensation, and who in the course of that business uses the public streets and highways within the city to receive or discharge, pick up or deliver property within the city, shall pay a business tax as specified in Section 21-120t(2) per year for each such vehicle. (b) Delivering or carrying of goods, wares or merchandise. Every person who uses any vehicle over the public streets and highways of the city to receive or discharge property, or for delivering or carrying goods, wares or City PiNaPPAKil RFP No. 23-%-5 143 Pa �� 196 merchandise sold, let or handled by him in the course of this business within the city, and who is not otherwise specifically taxed by other provisions of this Chapter, shall pay a business tax as specified in Section 21-120t(2) per year for each such vehicle. (c) Occasional and incidental activity. The provisions of this Section shall not apply to persons operating such vehicles within the city on an occasional and incidental basis. For the purpose of this Section, "occasional [and] incidental" is defined to be the doing or performing of not more than three (3) incidents or acts as specified in this Section in any one-year period. (d) Exemption and exceptions. The business tax imposed under the provisions of this Section shall not apply to any person who is subject to tax under the Motor Carriers of Property Permit Fee Act, commencing with Section 7231 of the California Revenue and Taxation Code; nor shall the provisions of this Section apply to the operation of any vehicle operated exclusively in interstate commerce. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 7, 6-21-22) Sec. 21-113. Telephone services. Every person engaged in the business of providing telephone services shall pay an annual business fee according to section 21-119(2) of this Chapter. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3031, § 4, 11-8-22) Sec. 21-114. Professional services. Every person engaged in the business of providing professional services shall be taxed upon the basis of the number of persons engaged or employed in such business, in accordance with the following schedule: (a) Each location in which professional services are rendered, whether by one (1) or more practicing principals or by one (1) or more professional independent contractors rendering professional services pursuant to a contract of employment, or whether by one (1) or more salaried professional employees engaged in rendering professional services —the amount as specified in Section 21-120p(5)(a) ; (b) Each practicing professional principal, in excess of one (1), engaged in rendering professional services, whether as owner or as partner or officer or as professional shareholder —the amount as specified in Section 21-120p(5)(b); (c) Each additional person engaged or employed, either as professional independent contractor rendering professional services pursuant to a contract of employment, or whether as salaried professional employee engaged in rendering professional services —the amount as specified in Section 21- 120p(5)(c); (d) Each additional person engaged or employed otherwise —the amount as specified in Section 21- 120p(5)(d). For the purpose of this Section, the phrase "each practicing professional principal" shall be deemed and is declared to mean the maximum number of persons engaged in rendering professional services (other than salaried employees or independent contractors engaging their services pursuant to a contract of employment and not otherwise sharing in the profits of the business) and shall be computed based upon the maximum number of practicing principals engaged in rendering professional services for any one -day period during any part of the preceding business license period. For the purpose of this Section, the phrase "each additional person engaged or employed" shall be deemed and is declared to mean the average number of persons, whether licensed practitioners employed or otherwise City PiNaPPAKil RFP No. 23-%-5 144 Pa �� 196 engaged in rendering professional services, and not otherwise sharing in the profits of the business, or whether any other category of person, directly or indirectly paid for their service and not otherwise sharing in the profits of the business. For the purpose of determining the average number of persons engaged or employed, the person subject to the tax shall ascertain separately the total number of hours of service performed by licensed practitioners engaged or employed during the preceding year, including paid leave, and the total number of hours of service performed by all other persons engaged or employed during the preceding year, including paid leave, in each case dividing the total number of hours of service by the fulltime equivalent (two thousand eighty (2,080) hours). In computing the average number of persons engaged or employed, fractions shall be rounded to the nearest whole number with one-half (0.5) or greater being rounded up and less than one-half (0.5) being rounded down. In the case of an application for an original license, applicant shall state both the maximum number of practicing professionals engaged or intended to be engaged in rendering professional services and the average number of persons engaged or employed or intended to be engaged or employed to assist in the conduct of applicant's business. Thereafter, the license tax provided for herein shall be based solely upon the hereinabove set forth method of computation. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2131, § 2, 7-15-91; Ord. No. NS-3028 , § 7, 6-21-22) Sec. 21-115. Same —Keeping of records; applicability of audit. Section 21-80 shall apply to all statements provided to be filed under Section 21-114; provided however, that the inspection of books and records shall be limited specifically to books and records reflecting the employees and other persons engaged in the business activity. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2841, § 5, 2-4-13) ARTICLE X. RATES AND SCHEDULES Sec. 21-116. Applicability of article. The tax for any license required by any section of this Chapter shall be set forth in this article for the particular business involved. The tax and the duration of the license shall be annual, quarterly, monthly, and daily as indicated in this article. The letter "A" following the tax shall indicate an annual rate; the letter "Q" shall indicate a quarterly rate; the letter "M" shall indicate a monthly rate; the letter "Y shall indicate a daily rate. No letter following the tax shall indicate a variable duration as determined in connection with other applicable provisions set forth elsewhere in the Santa Ana Municipal Code. In place of a tax, the letter "C" shall denote a specified charge. The applicability of the charge shall be determined by the Business License Tax Code provision establishing it. In the place of either a tax or charge, the letter "T" shall denote a specified qualifying threshold amount. The applicability of the qualifying threshold amount shall be determined by the Business License Tax Code provision establishing it. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-117. New business license tax. (a) A license tax for a new business shall be paid in advance or a deposit taken in lieu thereof prior to any new business activity being undertaken. City PiNaPPAKil RFP No. 23-%-5 145 PaN@/? 196 (b) All new businesses for whom flat fees are made the basis for fixing the amount of such license shall pay in advance an amount equal to one -quarter (%) of the annual fee therefor for each quarter and fraction of a quarter remaining during the period for which the new license is issued, except as otherwise specified hereinafter. (c) All new businesses for whom the gross receipts of such business are made the basis for fixing the amount of such license shall pay their annual fee based on actual gross receipts received during the period for which the new license is issued. For any business which is commenced subsequent to April first, the renewal fee shall be based upon an annualization of the actual gross receipts received during the period for which the new license is issued. In the event an applicant fails to submit a report of the actual gross receipts received pursuant to Section 21-77, the fee shall be based on the collector's estimate of the actual gross receipts received pursuant to Section 21-79. In lieu of payment in advance, each applicant shall post a deposit in the amount hereinafter indicated. (1) All new businesses beginning business on or after April first of the current year but before April first of the following year shall post a deposit of two hundred dollars ($200.00). (2) All new businesses beginning business on or after March first of the current year but before April first of current year shall post a deposit equivalent to one and one -twelfth (1 1/12) of the required deposit for all new businesses beginning April first. Where an applicant's fee is determined to be in excess of the amount of the specified deposit, said deficiency shall be added without interest or penalty to the amount of the applicant's renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be in excess of the amount of the specified deposit, the applicant shall remain liable for said deficiency which shall be deemed due and collectible at the same time and in the same manner as all other annual gross receipts fees due and payable upon renewal. Where an applicant's fee is determined to be less than the amount of the specified deposit, said surplus shall be applied without interest as a credit against the amount of the applicant's renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be less than the amount of the specified deposit, said surplus may be requested by applicant as a refund; provided, however, that such request must be made in writing and must be made within one (1) year of the expiration of the initial license period. (d) Notwithstanding subsection (b) above, unless an adjustment or exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount as specified in Section 21-120n. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2131, § 3, 7-15-91; Ord. No. NS-2161, § 8, 6-15-92; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-118. Same; nonresident businesses. (a) All new businesses located elsewhere, excluding businesses engaged in the business of pushcart vending or in erecting, maintaining and selling of advertising space on off -premises commercial advertising signs in the city or engaged in the operation of coin -operated machines or devices, or engaged otherwise in vending operations, but transacting and carrying on business in the city, and for whom flat rates or variable flat rates are made the basis for fixing the amount of such license, shall have the option of paying the flat rate or variable flat rate amount or basing the amount of their tax upon their attributable gross receipts in accordance with Section 21-119(1), to which no basic tax rate amount shall be added, but for which a two - hundred -dollar -annual deposit shall be required to offset any tax due should applicant cease operation City PiNaPPAKil RFP No. 23-%-5 146 Pa �/ 196 before the expiration of the license term. Provided further that all such businesses who so elect shall pay in advance an amount therefor as set forth in Section 21-117, subsection (c) above. Said deposit to be applied as a credit or to be taken as a refund in the same manner as is set forth in Section 21-117, subsection (c). (b) All new businesses located elsewhere, but transacting and carrying on business in the city for whom gross receipts are made the basis for fixing the amount of such license, shall base their tax upon attributable gross receipts in a manner similar to that of all other similarly classified businesses for whom gross receipts are made the basis for fixing the amount of their license, to which no basic tax rate amount shall be added. Provided further that all such businesses shall pay in advance an amount therefor as set forth in Section 21- 117, subsection (c) above. Said deposit to be applied as a credit, or to be taken as a refund in the same manner as is set forth in Section 21-117, subsection (c). (c) Unless an adjustment of exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount as specified in Section 21-120n. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 7, 6-18-90; Ord. No. NS-2131, § 4A, 7-15-91; Ord. No. NS- 2133, § 4A, 7-15-91; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-118.1. In lieu deposits —Election of alternate in lieu deposit. Whenever an applicant for a new business license for whom the gross receipts of such business is made the basis for fixing the amount of such license is required under the terms of Sections 21-117 or 21-118 to post a deposit in lieu of payment in advance of their business license tax, said applicant may alternatively elect to post an adjusted deposit amount equal to the amount of their anticipated tax based on an acceptable good -faith estimation of their expected gross receipts. (Ord. No. NS-2841, § 6, 2-4-13) Sec. 21-119. Gross receipts tax rates. Gross receipts tax rates for the different classifications are as follows: (1) Classification "A" —All businesses for which no tax is specified elsewhere in this article, including, but not limited to: retail businesses and sales at retail, services (including real estate brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock and bond brokers, commission agents, brokers or merchants, professional services, ambulance services, and recreational services), hotels, motels, theaters, and food establishments: For each separate place of business licensed, a basic rate of sixty dollars ($60.00), subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.65 per $1,000.00 (2) Classification "B"—Manufacturing, processing, wholesale businesses and sales at wholesale, sales of gasoline and motor fuels, telephone services, and public utility services: For each separate place of business licensed, a basic rate of sixty dollars ($60.00), subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.50 per $1,000.00 (3) Classification "C"—Rental of commercial real estate: For the first property location licensed, a basic rate of sixty dollars ($60.00), subject to adjustment for inflation/deflation in accordance with section 21-120, plus: City PiNaPPAKil RFP No. 23-%-5 147 Pa �/ 196 $0.65 per $1,000.00 For each additional property location licensed, a basic rate of ten dollars ($10.00), subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.65 per $1,000.00 (4) Classification "W—Home based businesses: for each separate place of business licensed, a basic rate of fifteen dollars ($15.00), subject to adjustment for inflation/deflation in accordance with section 21- 120, plus: $0.65 per $1,000.00 (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2000, § 3, 3-6-89; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-119.1. Maximum tax. The maximum annual business license tax payable for any single business license required to be obtained pursuant to the Chapter shall not exceed one hundred thousand dollars ($100,000.00), which amount together with the basic rate amounts established under Section 21-119 shall be subject to annual adjustment in accordance with Section 21-120. ( Ord. No. NS-3031, § 5, 11-8-22) Ord. No. NS-3031 , § 5, adopted November 8, 2022, renumbered §§ 21-119.1-21-119.3 as §§ 21-119.2-21- 119.4. Sec. 21-119.2. Holding companies and pass -through entities —Minimum tax amount. Whenever a business entity or other person functions as a holding company or pass -through entity and does not directly generate gross receipts within the city, but otherwise transacts and carries on business within the city, or maintains a business presence in the city, or is registered as a business entity with the California Secretary of State pursuant to the California Corporations Code as the same now exists or as may be hereafter amended from time -to -time with a designated or registered business entity address located in the city, then the business license tax liability of such business entity or person under Section 21-119 shall be limited to the minimum tax amount. (Ord. No. NS-2841, § 6, 2-4-13; Ord. No. NS-3031 , § 5, 11-8-22) Editor's note(s)—See editor's note, § 21-119.1. Sec. 21-119.3. Home -based businesses —Alternate tax. (a) Persons liable under the terms of this Chapter for gross receipts business license taxes for business conducted from a home residence within the city and whose gross receipts therefrom do not exceed the annual amount specified in Section 21-120h(1)(a) per year shall have the right to elect an alternate flat rate business license tax as set forth in Section 21-120h of this Chapter for home based businesses and home based occupations, in lieu of the gross receipts tax which would otherwise be applicable. Such election shall be made in writing at the time of applicant's original application for a business license or may be made once annually thereafter at the time of licensee's application for a renewal license. (b) Home based businesses and home occupations eligible for election of an alternate flat rate tax assessment shall be deemed to be those businesses or occupations conducted from a home residence in the city whose business or occupational use of said residential premises meets the requirements for a home occupation City PiNaPPAKil RFP No. 23-%-5 148 PaN@/? 196 permit as set forth in Sections 41-193.1 through 41-607 of this Code as the same now exist or as they may be hereafter amended from time -to -time. (Ord. No. NS-2841, § 6, 2-4-13; Ord. No. NS-3031, § 5, 11-8-22) Editor's note(s)—See editor's note, § 21-119.1. Sec. 21-119.4. Election of an alternate tax assessment basis —Effect. In every case where a licensee exercises a right under this Chapter to elect an alternate tax assessment basis the effect of said election shall be as follows: (a) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters before the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre-existing tax assessment basis, then their initial alternate tax assessment shall be subject to a quarterly proration to account for the reduced number of calendar quarters remaining in the term of the newly elected tax assessment. (b) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters after the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre-existing tax assessment basis, then their pre-existing tax assessment shall be retroactively increased pro rata by the number of quarters necessary to account for the quarterly periods remaining between the conclusion of their pre-existing licensing term and the commencement of their alternate tax assessment licensing term. (Ord. No. NS-2841, § 6, 2-4-13; Ord. No. NS-3031, § 5, 11-8-22) Editor's note(s)—See editor's note, § 21-119.1. Sec. 21-120. Flat rate and variable flat rate tax schedules; adjustment for inflation/deflation. (a) Flat rate and variable flat rate taxes are as set forth in Section 21-120a through 21-120w of this article. (b) Each tax, including each of its components, and any specified deposit amount required in lieu thereof, together with any other charges which are imposed pursuant to this chapter, but excluding the individual gross receipts tax rates set forth in section 21-119, shall be automatically adjusted on November 1, 2023, and on November 1 of each year thereafter, upward or downward, equivalent to the most recent change in the annual average of the consumer price index (All Urban Consumers 1982-84 = 100) as published by the United States Department of Labor for the Los Angeles -Long Beach -Anaheim metropolitan area as the same now exists or as shall be from time to time amended by the United States Department of Labor. (c) For purposes of calculating the annual inflator/deflator factor under this section, the base year shall be that year ending with the quarter ending June 30, 2022. Rates (tax rates, basic rate amounts, charges, specified deposit amounts, qualifying threshold amounts, maximum tax cap amounts) shall first be adjusted on November 1, 2023, and thereafter, based on the annually calculated change from the base year through to September 30 of each successive year. Said change shall be rounded off to the nearest whole dollar as follows: If the remaining fraction of a dollar is forty-nine one -hundredths of a dollar or less, such fraction shall be omitted. If the remaining fraction of a percent is fifty one -hundredths of a dollar or more, the next highest dollar shall be applied. (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2131, § 5, 7-15-91; Ord. No. NS-3031, § 5, 11-8-22) City PiNaPPAKil RFP No. 23-%-5 149 PaNWW§ 196 Sec. 21-120a. Advertising services, amusement services. (1) ADVERTISING SERVICE: (a) Distributing samples or posting bills$250.00 A (2) AMUSEMENT SERVICES: (a) Amusement center (a location where mechanical devices or animals are maintained for furnishing rides or entertainment and which may also include vending stands): (i) More than ten (10) days: Base rate500.00 M Plus, for each ride or vending stand in excess of 1060.00 Q (b) Sporting exhibitions100.00 D (c) Carnival, circuses, concerts, tent shows and open air shows seating not more than four thousand (4,000) persons: First day200.00 D Each additional day100.00 D (d) Carnival, circuses, concerts, tent shows and open air shows seating more than four thousand (4,000) persons: First day500.00 D Each additional day300.00 D (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 8, 6-18-90; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120b. Building tradesmen and taxi companies. (1) BUILDING TRADESMEN, per individua135.00 A (2) TAXI COMPANY, per vehicle35.00 A (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 9, 6-18-90; Ord. No. NS-2349, § 1, 5-18-98; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120c. Catering trucks, change in location amendment charge, change in name amendment charge, Christmas tree and pumpkin lots, contractors. (1) CATERING TRUCKS, per vehicle$250.00 A (2) CHANGE IN LOCATION AMENDMENT CHARGE, per Iicense15.00 C (3) CHANGE IN NAME AMENDMENT CHARGE, per Iicense15.00 C (4) CHRISTMAS TREE LOTS, per Iot8.00 D (5) PUMPKIN PATCH LOTS, per Iot8.00 D (6) CONTRACTOR —GENERAL CONTRACTOR, prorated quarterly per contractor300.00 A (7) CONTRACTOR —SPECIALTY and SUBCONTRACTOR, prorated quarterly per contra ctor275.00 A City PiNPPAIRgil RFP No. 23-%-5 150 Pa�§/?W§ 196 (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 10, 6-18-90; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS- 3031, § 5, 11-8-22) Sec. 21-120d. Dances, duplicate license charge. (1) DANCE, PUBLIC, per dance35.00 D (2) DUPLICATE LICENSE CHARGE, per Iicense10.00 C (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120e. Reserved. Sec. 21-120f. Firework stand. FIREWORK STAND, per stand$250.00 ; (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120g. Gardeners or lawn maintenance workers. GARDENERS OR LAWN MAINTENANCE WORKER, per individual$ 35.00 A; (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3031 , § 5, 11-8-22) Sec. 21-120h. Home -based businesses, home occupations, hobby —Gratuitous license charge. (1) HOME -BASED BUSINESS/HOME OCCUPATION$ 35.00 A a. QUALIFYING THRESHOLD AMOUNT per licensee50,000.00 T (2) HOBBY —GRATUITOUS LICENSE CHARGE, per Iicense10.00 C (Ord. No. NS-2841, § 6, 2-4-13; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120i. Independent contractors, ice cream trucks, itinerant merchants, insurance solicitors, initial period application processing charge. (1) INDEPENDENT CONTRACTOR, per individual$ 35.00 A (2) INITIAL PERIOD APPLICATION PROCESSING CHARGE Per license application15.00 C (3) ITINERANT MERCHANT250.00 Q (4) INSURANCE SOLICITOR, per solicitor35.00 A (5) ICE CREAM TRUCKS250.00 A (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 11, 6-18-90; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS- 3031 , § 5, 11-8-22) City PiNPPAIRgil RFP No. 23-%-5 151 Pa �/ �I 196 Sec. 21-120j. Janitorial and building maintenance services, junk collection. (1) JANITORS AND BUILDING MAINTENANCE WORKERS, per individual$ 35.00 A (2) JUNK COLLECTION, per vehicle250.00 A (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 12, 6-18-90; Ord. No. NS-3031, § 5, 11-8-22) Secs. 21-120k, 21-1201. Reserved. Sec. 21-120m. Minimum gross receipts —Qualifying threshold amount/gratuitous license charge. MINIMUM GROSS RECEIPTS —QUALIFYING THRESHOLD AMOUNT/GRATUITOUS LICENSE CHARGE (a) QUALIFYING THRESHOLD AMOUNT per licensee$5,000.00 A (b) GRATUITOUS LICENSE CHARGE, per Iicense10.00 C ( Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120n. New Business —Minimum tax. NEW BUSINESS —MINIMUM TAX Per license$10.00 A ( Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120o. Off -premises commercial advertising signs. OFF -PREMISE COMMERCIAL ADVERTISING SIGNS: (1) Sign faces with gross dimensions equal to or less than three hundred (300) square feet, per sign face$ 190.00 A (2) Sign faces with gross dimensions in excess of three hundred (300) square feet, per sign face250.00 A (Ord. No. NS-1926, § 2, 10-19-87; Ord. No. NS-3031 , § 5, 11-8-22) Sec. 21-120p. Peddlers and pushcarts. (2) PEDDLER, per peddler as principa1250.00 A or10.00 D (3) PEDDLER, per peddler as independent contractor35.00 A (4) PRINCIPAL'S PEDDLER'S LICENSE$400.00 A per each person engaged in peddling in the city35.00 A (5) Reserved. City PiNPPAIRgil RFP No. 23-%-5 152 PaN@/? 196 (6) PUSHCARTS, per pushcart500.00 A (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 13, 6-18-90; Ord. No. NS-2131, § 6A, 7-15-91; Ord. No. NS- 2133, § 5A, 7-15-91; Ord. No. NS-3031 , § 5, 11-8-22) Sec. 21-120q. Reserved. Sec. 21-120r. Real estate agents, renewal application processing charge, rental of residential real estate: residential property rental; residential apartment rental; rooming house rental; residential mobile home property rental; revalidation application processing charge. (1) REAL ESTATE AGENT, per agent$ 35.00 A (2) RENEWAL APPLICATION PROCESSING CHARGE Per license renewal application15.00 C (3) RESIDENTIAL PROPERTY RENTAL UNIT63.00 A Plus per each property rental unit13.00 A (4) RESIDENTIAL APARTMENT RENTAL63.00 A Plus per each apartment rental unit13.00 A (5) ROOMING HOUSE RENTAL63.00 A Plus per each room rental unit13.00 A (6) RESIDENTIAL MOBILE HOME PROPERTY RENTAL63.00 A Plus per each rental unit space13.00 A (7) REVALIDATION APPLICATION PROCESSING CHARGE Per license revalidation application10.00 C (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120r.1. Residential rental surcharge. (a) Except as otherwise provided in subsection (b) of this section, the business license tax for residential property rental and residential apartment rental shall consist of the amount set forth in subsections (2) and (3) of Section 21-120r plus an annual surcharge of nineteen dollars and fifty cents ($19.50) per each property rental unit or each apartment rental unit. The surcharge hereby established shall be due and payable and shall be paid at the same time and in the same manner that the amount due under Section 21-120r is due and payable. No business license shall be issued unless the surcharge is paid. Penalties and interest shall be assessed upon the total amount due and unpaid at the rate specified in this Chapter until such time as both the amount due under Section 21-120r and the surcharge due under this section are paid in full. All provisions for the enforcement, collection and recovery of unpaid business license taxes shall likewise apply to the enforcement, collection and recovery of any unpaid surcharge. This section shall expire on, and be of no further force or effect after December 31, 2015. (b) The city council may, by resolution, establish a program whereby particular residential properties or residential apartments, licensed pursuant to this Chapter, may be certified as having met standards of excellence in property maintenance. In such event, the executive director of the planning and building City PiNPPAIRgil RFP No. 23-%-5 153 Pa �� 196 agency shall be responsible for the implementation of that program. Owners of property certified pursuant to that program shall be exempt from the payment of the surcharge specified in subsection (a) of this section for the three (3) tax years next succeeding the time of such certification. The executive director of the planning and building agency shall provide the executive director of the finance and management services agency with listings of licensed properties certified under this program, which shall be periodically updated to reflect changes. The city council may provide for such financial limitations on the exemptions to be granted from the surcharge as the city council deems appropriate. (Ord. No. NS-2173, § 1, 8-17-92; Ord. No. NS-2223, § 1, 7-5-94; Ord. No. NS-2408, § 3, 11-1-99; Ord. No. NS-2527, § 3, 5-19-03; Ord. No. NS-2757, § 3, 9-4-07; Ord. No. NS-2811, § 3, 12-6-10; Ord. No. NS-2824, § 3, 9-19-11) Sec. 21-120s. Sealing of nonidentified or unlicensed machines; shoeshine stands, solicitors, swap meet exhibitor. (1) SEALING OF NONIDENTIFIED OR UNLICENSED MACHINES Per machine$ 10.00 C (2) SHOESHINE STAND, per operator35.00 A (3) SOLICITOR, per solicitor as principal250.00 A (4) SOLICITOR, per solicitor as independent contractor35.00 A (5) PRINCIPAL'S SOLICITOR'S LICENSE400.00 A Per each person engaged in soliciting in the city35.00 A (6) SWAP MEET EXHIBITOR, per participating exhibitor3.00 D (Ord. No. NS-1922, § 1, 7 20-87; Ord. No. NS-2064, § 15, 6-18-90; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS- 3031, § 5, 11-8-22) Sec. 21-120t. Theatrical performance; tow trucks, trucking and general delivery. (1) THEATRICAL PERFORMANCE$ 120.00 D (2) TRUCKING AND GENERAL DELIVERY, per vehicle120.00 A (3) TOW TRUCKS, per vehicle120.00 A (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-2064, § 16, 6-18-90; Ord. No. NS-3031, § 5, 11-8-22) Sec. 21-120u. Reserved. Sec. 21-120v. Vending and coin -operated machines. COIN -OPERATED MACHINES OR DEVICES: (1) Per $0.25 device and over (a) First machine25.00 A (b) Per additional device13.00 A (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3028 , § 8, 6-21-22; Ord. No. NS-3031, § 5, 11-8-22) City PiNaPPAKil RFP No. 23-%-5 154 PaN@/? 196 Sec. 21-120w. Warehouses. (1) WARE HOUSE$250.00 A (Ord. No. NS-1922, § 1, 7-20-87; Ord. No. NS-3031 , § 5, 11-8-22) Sec. 21-121. Reserved. Ord. No. NS-3031, § 5, adopted November 8, 2022, repealed § 21-121. Former § 21-121 pertained to adjustment for inflation/deflation and derived from Ord. No. NS-1922, § 1, adopted July 20, 1987. ARTICLE X1. ASSESSMENT BY LIEN Sec. 21-122. Nonpayment of tax; assessment by lien; recording and enforcement of liens; recording service fee. (a) Recording of a certificate of lien. If any amount, including penalties, interest, and administrative charges required to be paid under this chapter is not paid when due, the collector or any duly authorized revenue officer acting as his or her designated agent, may record or cause to be recorded, in the office of the county recorder(s) of such counties as the collector may determine, a certificate which specifies the amount due, the name and address of the person liable for the same, a statement that the collector has complied with all provisions of this chapter in the determination of the amount required to be paid, and a legal description of the real property owned by such person. From the time of the recording of the certificate, the amount required to be paid together with penalties, interest, and administrative charges owing constitutes a lien upon all real property in the county owned by such person or thereafter acquired before the lien expires. The lien shall have the force, effect and priority of a tax lien and shall continue for ten (10) years from the filing of a certificate unless sooner released or otherwise discharged. (b) Recording service fee. Whenever the collector in his or her discretion determines that the recording of a certificate of lien is desirable to secure and effectuate the collection of any amount required to be paid under the terms of this chapter, then a recording service fee shall be applicable in the amount as specified by resolution of the city council. (Ord. No. NS-2161, § 9, 6-15-92; Ord. No. NS-2841, § 5, 2-4-13) Editor's note(s)—Ord. No. NS-2841, § 5, adopted February 4, 2013, amended the title of § 21-122 to read as set out herein. Previously § 21-122 was titled "Nonpayment of tax; assessment by lien." Secs. 21-123-21-125. Reserved. Editor's note(s)—Ord. No. NS-2841, § 5, adopted February 4, 2013, repealed §§ 21-123-21-125 in their entirety. Former §§ 21-123-21-125 pertained to notice of hearing of lien collection of delinquent taxes by special tax roll assessment; recordation of lien for delinquent charges, respectively, and were derived from Ord. No. NS- 2161, § 9, adopted June 15, 1992. ARTICLEXII. MARIJUANA COLLECTIVES/COOPERATIVES City PiNaPPAKil RFP No. 23-%-5 155 Pa �� 196 Sec. 21-126. Purpose. This article is required for the purpose of fixing the rate of taxation for marijuana collectives/cooperatives and for the purpose of providing a tax levy for the usual and current expenses of the City of Santa Ana. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. ( Ord. No. NS-2864, § 5, 12-9-14 ) Sec. 21-127. Marijuana collectives/cooperatives—Annual business license tax assessment. (a) Annual business license tax assessment for marijuana collectives/cooperatives. (1) Every collective/cooperative whether it is organized or conducted as a "not for profit" business, a "nonprofit" business, or a "for -profit" business, shall pay an annual business license tax in accordance with Chapter 21 and the sections and subsections hereunder. (2) For the purposes of this article, a marijuana collective/cooperative is defined in section 40-101(b) and is considered to be a business as that term is defined in section 21-3. (3) For the purposes of this article, a collective/cooperative is not considered to be a religious or charitable organization. (4) "Medical marijuana collective/cooperative" or "collective/cooperative" shall mean any activity regulated or permitted by chapter 40. (5) For the purposes of this article, a marijuana collective/cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49. (6) For the purposes of this article, a "nonprofit organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub - Chapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a collective/cooperative and claiming a gross receipts assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including, but not limited to, such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of value obtained by a collective/cooperative. The term "gross receipts" shall also include the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to City PiNPPAIRgil RFP No. 23-%-5 156 Pa �/ 196 the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without any deduction on account of any of the following: (i) The cost of tangible property sold or bartered; (ii) The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or (iii) The cost of transportation of the marijuana, or other property or product. (b) Business license tax rates for marijuana collectives/cooperatives. (1) Every collective/cooperative, excepting a qualified "nonprofit organization," whether it is organized or conducted as a "not for profit" business, a "nonprofit" business, or a "for -profit" business, shall pay a separate business license tax at a rate of up to ten (10) percent of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax shall not be adjusted for inflation pursuant to section 21-121. (2) Notwithstanding the maximum tax rate of ten (10) percent of gross receipts imposed under subsection (b)(1), the city council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all marijuana collectives/cooperatives, as defined in such ordinance, subject to the maximum rate of ten (10) percent of gross receipts. The city council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1). (3) Effective January 1, 2018, the gross receipts tax initially set at a rate of five (5) percent pursuant to subsection (b)(1), shall be increased to a rate of six (6) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax rate shall not be adjusted for inflation pursuant to section 21-121. (4) Effective January 1, 2023, the gross receipts tax is set at a rate of six (6) percent pursuant to subsection (b)(3), shall be decreased to a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax rate shall not be adjusted for inflation pursuant to section 21-121. (5) As part of the gross receipts tax imposed by this article, each collective/cooperative shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each separate branch location or separate property location of the business. (c) Modification, repeal or amendment. The city council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The city council may likewise by ordinance adopt and add additional provisions to any other City PiNaPPAKil RFP No. 23-%-5 157 196 article of this chapter and relate them to this article, or amend any existing provisions of any article of this chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the city council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (d) Administration —Rules, regulations, and guidelines; interpretation/clarification. In order to aid in the city's collection of taxes due under this article and to ensure that all marijuana collectives/cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this article including, but not limited to, rules, regulations, and guidelines harmonizing other provisions of this chapter with the provisions of this article in any manner not inconsistent with the intent of this article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions —Exemptions. (1) The provisions of this article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of marijuana collective/cooperative business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five (5) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting collective/cooperative activities, the business tax payable by such person may be apportioned by the collector in accordance with this chapter. (f) Reporting and remittance. Beginning as set forth in subsection (k) below, and monthly thereafter, each marijuana collective/cooperative (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a collective/cooperative. The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection (b)(3), shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31st day of March of the following year. In the case of a new collective/cooperative the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter (%) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (g) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest as set forth in accordance with this chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter. (h) Payment of tax does not authorize unlawful business. City PiNPPAIRgil RFP No. 23-%-5 158 PaN@/? 196 (1) The payment of a business tax required by this article, and its acceptance by the city, shall not entitle any person to carry on any collective/cooperative unless the person has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any collective/cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such collective/cooperative is in violation of any law. (2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city. Nothing in this article implies or authorizes that any activity connected with the distribution or possession of marijuana is legal unless otherwise authorized and allowed by California and federal law. Nothing in this section shall be applied or construed as authorizing the sale of marijuana. (i) Business license tax certificate —Required. There are imposed upon all persons engaged in transacting and carrying on any collective/cooperative business activity in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this chapter. The carrying on of any collective/cooperative without complying with all the provisions of this article shall constitute a separate violation of this chapter for each and every day that such collective/cooperative is so carried on. (j) Classification of business license assessment type —Term and renewal. The business license issued to marijuana collectives/cooperatives shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77. (k) Operative date. Upon the approval by the majority of the voters of the city at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all marijuana collectives/cooperatives. (1) Operative date of increased or decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5) percent pursuant to subsection (b)(1) [(Ordinance No. NS-2864, Section 5, adopted 12-9-14)] and increased to a rate of six (6) percent effective January 1, 2018, pursuant to subsection (b)(3) [(Ordinance No. NS-2930, Section 8, adopted 11-21-17)], shall be decreased to a rate of five (5) percent effective January 1, 2023, pursuant to subsection (b)(4) [( Ordinance No. NS-3026 , § 8, adopted 10-4-22)]. (m) Notwithstanding the tax rates imposed herein under subsection (1), the City Council may, in its discretion, at any time by resolution, implement any lower or higher tax rate it deems appropriate, not to exceed the maximum rate established by subsections (b)(2). ( Ord. No. NS-2864 , § 5, 12-9-14; Ord. No. NS-2930 , § 8, 11-21-17; Ord. No. NS-3026 , § 8, 10-4-22, eff. 1-1-23) Editor's note(s)—Sec. 21-127, subsection (1), effective January 1, 2023, is hereby adopted by reference and is subject to amendment from time to time by resolution. Sec. 21-128. Effect of state and federal reference/authorization. Unless specifically provided otherwise, any reference to a state or federal statute in this article or chapter shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a state or federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease. Only to the extent voter approval would otherwise be required or a tax decrease City PiNaPPAKil RFP No. 23-%-5 159 Pa�§/?ig§ 196 would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the city's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in state or federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. ( Ord. No. NS-2864, § 5, 12-9-14 ) Sec. 21-129. Violation deemed misdemeanor —Penalty. Any person violating any of the provisions of this article or any regulation or rule passed in accordance herewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in Penal Code Section 19. ( Ord. No. NS-2864, § 5, 12-9-14 ) Sec. 21-130. Severability. Should any provision of this article, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or chapter or the application of this article or chapter to any other person or circumstance and, to that end, the provisions hereof are severable. ( Ord. No. NS-2864, § 5, 12-9-14 ) Sec. 21-131. Transferability of collective/cooperative business license. Section 21-67 notwithstanding, business licenses issued to collective/cooperatives pursuant to this article shall be transferable or assignable upon presentation of a valid regulatory safety permit issued in the name of the transferee or assignee. ( Ord. No. NS-2918, § 12, 7-5-17 ) Sec. 21-131.1. Sale, assignment, transfer, or termination of business; marijuana collective/cooperative (medicinal cannabis retail business) owner/operator's duty to notify; remitting and reporting requirements; closeout audit; successor's duty to notify; successor's and transferor's joint and several liability; certificate of nonliability. (a) Owner/Operator's duty to notify. Termination of business. A medicinal marijuana collective/cooperative owner/operator (also referred to herein as medicinal cannabis retail business) who is terminating their business shall notify the collector in writing of such termination at least ninety (90) days in advance of the date of termination of business. If the decision to terminate business is made within less than a ninety (90) day period prior to the date of termination, the owner/operator shall then immediately notify the collector of said decision and the date of termination of business. City PiNaPPAKil RFP No. 23-%-5 160 PaN@/? 196 Sale, assignment, or transfer of business. A medicinal cannabis retail business owner/operator who is selling, assigning, or otherwise transferring their business (hereinafter collectively referred to as transferor) shall notify the collector in writing of such sale, assignment, or transfer at least ninety (90) days in advance of the date of the sale, assignment, or transfer and shall notify the collector in writing of the name and address of the purchaser, assignee, transferee, or other successor in interest (hereinafter collectively referred to as successor) unless the decision to sell, assign, or otherwise transfer their business was made within less than a ninety (90) day period prior to the sale, assignment, or transfer, in which case the transferor shall then immediately notify the successor of the successor's responsibility for unpaid business license taxes, including penalties, interest, charges, fees, or costs (hereinafter collectively referred to as business license tax liabilities) for the period prior to the sale, assignment, or transfer as set forth in subsections (d) and (e) below, and shall further certify in writing to the collector that the successor was notified of the requirements of this Article regarding their responsibility for unpaid business license tax liabilities. (b) Remitting and reporting requirements. Each medicinal cannabis retail business owner/operator upon the sale, assignment, or other transfer, or termination of business for any reason shall, on or before the last day of the month following the sale, assignment, transfer, or termination of business, file a final return to the collector on City approved forms, of the total gross receipts received, adjustments to gross receipts, the amount of business license tax collected for the reporting period, remittances made, if any, and the balance of the business license tax due, if any, shall be remitted to the collector. (c) Closeout audit. After filing the final return and remitting the balance due, the medicinal cannabis retail business owner/operator shall make its records of account available for a closeout audit by the collector, his or her revenue officers, or duly authorized employees or agents of the City. The decision to perform a closeout audit shall be made solely at the discretion of the collector. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is found to have satisfied all business license tax liabilities, the collector shall issue to such business owner/operator a certificate of nonliability. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is deficient in either their return or remittance, or both, the collector shall immediately notify such owner/operator of the amount of the net deficiency, plus applicable penalties, interest, charges, fees, or costs. Upon such owner's/operator's remittance of all business license tax liabilities owing, the collector shall issue a certificate of nonliability. (d) Successor's duty to notify. If a medicinal cannabis retail business owner/operator decides to sell, assign, or otherwise transfer their business, their successor shall notify the collector of the date of the sale, assignment, or other transfer at least ninety (90) days before the date of the sale, assignment, or transfer. It shall be the duty of the successor to obtain written verification from the collector's office that the transferor does not have or is not liable for any outstanding business license taxes liabilities. After the successor seeks written verification from the collector's office, if the collector notifies the successor that the transferor has or is liable for any outstanding amount of business license tax liabilities, the successor shall withhold an amount equal to such outstanding business license tax liabilities until the transferor produces a certificate of nonliability stating the nonliability of the transferor for payment of business license tax liabilities. If the transferor does not present a certificate of nonliability within ninety (90) days after such sale, assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. If the decision to sell, assign, or otherwise transfer was made within less than a ninety (90) day period prior to the date of the sale, assignment, or other transfer, the successor shall notify the collector of the sale, assignment, or transfer immediately and shall withhold an amount equal to the sum of the transferor's last three (3) months' of reported and remitted business license taxes until the transferor produces a certificate of nonliability stating the nonliability of the transferor for payment of business license tax liabilities. If the transferor does not present a City PiNaPPAKil RFP No. 23-%-5 161 PaN@/?92§ 196 certificate of nonliability within ninety (90) days after such sale, assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. (e) Joint and several liability. If the successor fails to withhold the applicable amount required under subsection (d) they shall become jointly and severally liable along with the transferor for the payment of the full amount of the transferor's business license tax liabilities and shall likewise become jointly and severally liable along with the transferor for future penalties and/or interest charges as may be applicable as set forth in sections 21-83, 21-84, and 21-85 until all business license tax liabilities are satisfied. (f) Certificate of nonliability. Upon application of a medicinal cannabis retail business operator/owner who is terminating their business, or a transferor, or a successor, for a certificate of nonliability, the collector, after conducting an audit therefore, as he or she may deem necessary, shall issue the certificate if the owner's/operator's, transferor's, or successor's business license tax liabilities have been satisfied. If any business license tax liabilities remain outstanding, or if additional business license tax liabilities have accrued subsequent to the date of application, the collector shall give notice to the operator/owner, transferor, or successor of the applicable amount which must be fully paid as a condition of issuing their respective certificate of nonliability. Where a transferor's business license tax liabilities have been partially or wholly paid by their successor to the collector pursuant to subsection (e) or partially or wholly satisfied by their successor's action of withholding and depositing amounts with the collector pursuant to subsection (d), no certificate of nonliability shall be issued to the transferor without the prior written consent of their successor. (Ord. No. NS-2972 , § 5, 9-3-19) Sec. 21-131.2. Vertical and horizontal integration of marijuana collective/cooperative licensees (medicinal cannabis retail businesses) —Defined. The terms vertical integration and horizontal integration as used in this Article shall have the following meanings: Vertical integration shall refer to cannabis businesses operating at different points in the same supply chain from cultivation to retail sales, as long as they share at least eighty (80) per cent underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. Horizontal integration shall refer to cannabis businesses operating at the same point in the same supply chain, as long as they share at least eighty (80) per cent underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. For purposes of this Article the term "cannabis businesses" shall include marijuana collectives/cooperatives as defined in section 18-611 and commercial cannabis businesses as defined in section 40-2, but shall not include commercial cannabis businesses engaged in testing facilities or testing laboratory businesses. (Ord. No. NS-2972 , § 6, 9-3-19) ARTICLE XIII. COMMERCIAL CANNABIS BUSINESSES Sec. 21-132. Purpose. This article is required for the purpose of fixing the rate of taxation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. This article does not apply to medical marijuana collectives/cooperatives (also referred to as medicinal cannabis retail businesses) which are subject to a business license tax under article XII of this chapter. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. City PiNaPPAKil RFP No. 23-%-5 162 PaN@/? 196 (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18) Sec. 21-133. Commercial cannabis businesses —Annual business license tax assessment. Every person engaged in a "commercial cannabis business" or "commercial cannabis activity" shall pay an annual business license tax as outlined below. This Article shall not apply, except with respect to medical marijuana cooperatives/collectives (also referred to as medicinal commercial cannabis medicinal retail businesses) which are vertically and/or horizontally integrated with commercial cannabis businesses, to medical marijuana cooperatives/collectives which are governed by Article XII of this Chapter, or to personal cultivation as defined in section 40-101(b) of this Code. (a) For each branch establishment or separate property location of a commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location, the higher of the two (2) following tax rates shall be due to the City for each monthly reporting period: (1) Up to ten (10) percent of each dollar of gross receipts received or generated for each monthly reporting period. (2) Up to thirty-five dollars ($35.00) per square foot (annual tax rate) prorated monthly to one - twelfth ( 1/12) of the annual tax rate amount. (b) These tax rates shall not be adjusted for inflation pursuant to section 21-121 of this Chapter. (c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council may, in its discretion, at any time by resolution, implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rates established by subsection (a). (d) As of the operative date of this Article, the business license gross receipts tax rates and square footage tax rates application to specific commercial cannabis business activities have been established by city ordinance [(Ordinance No. NS-2962, Section 2 (Exhibit A-1), adopted 11-6-18; and Ordinance No. NS- 2972, Section 7, adopted 9-3-19)] and by the following resolutions as referenced herein below in subsections (s), (t), and (u). Commercial Cannabis Business Activity Gross Receipts Gross Square Tax Rate Footage Tax Rate Adult -use Cannabis Retail Business (including Delivery) 8% $ 25.00 (effective beginning December 21, 2018 through December 31, 2022) Adult -use Cannabis Retail Business (including Delivery, but 7% $ 25.00 not including Consumption Lounge and Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (including Delivery and 7% $ 25.00 Consumption Lounge) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (Temporary 7% $ 0.00 Consumption and/or Special Events) (effective beginning January 1, 2023) City PiNaPPAKil RFP No. 23-%-5 163 Pa�§I?W§ 196 Qualified Social Equity Adult -use Cannabis Retail Business 5% $ 25.00 (including Delivery and Consumption Lounge) (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business 5% $ 0.00 (Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) Cultivation 6% $ 10.00 (effective December 21, 2018 through December 31, 2022) Cultivation 1% $ 7.00 (effective beginning January 1, 2023) Distribution 6% $ 4.00 (effective December 21, 2018 through December 31, 2022) Distribution 1% $ 3.00 (effective beginning January 1, 2023) Manufacturing 6% $ 10.00 (effective December 21, 2018 through December 31, 2022) Manufacturing 1% $ 3.00 (effective beginning January 1, 2023) Shared Manufacturing 1% $ 0.00 (effective beginning January 1, 2023) Microbusinesses Adult -use Retail Adult -use Retail (Tax rates apply proportionally to microbusiness' activities 8% $ 25.00 corresponding to Adult -use Retail [Adult -use Retail Cultivation, Cultivation & (including Distribution & Manufacturing Delivery)]/Cultivation/Manufacturing/Distribution) Manufacturing $ 10.00 (effective October 4, 2019 through December 31, 2022) 6% Distribution $ 4.00 Microbusinesses Adult -use Retail Adult -use Retail (Tax rates apply proportionally to microbusiness' activities 7% $ 25.00 corresponding to Adult -use Retail [Adult -use Retail Cultivation, Cultivation (including Delivery, but not including Consumption Lounge Distribution & $ 7.00 and Temporary Consumption and/or Special Manufacturing Distribution & Events)]/Cultivation/Manufacturing/Distribution) 1% Manufacturing (effective beginning January 1, 2023) $ 3.00 Testing Facility or Testing Laboratory 5% $ 1.50 (effective December 21, 2018 through June 30, 2019) Testing Facility or Testing Laboratory 1% $ 1.50 (effective July 1, 2019) With respect to commercial cannabis businesses not having a fixed place of business within the city but conducting regular, non -incidental commercial cannabis business activities within the city, such businesses shall be subject to the gross receipts tax rate(s) pursuant to this Article based on the category/categories of commercial cannabis activity conducted. However, such out-of-town commercial cannabis businesses shall not be subject to any gross square footage tax rate(s). City PiNaPPAKil RFP No. 23-%-5 164 PaN@/ 196 (e) As part of the annual gross receipts/square footage tax(es) imposed by this Article, each commercial cannabis business located within the city shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location. Commercial cannabis businesses having no fixed place of business within the city shall be exempted from this requirement. Provided, however, as follows: (1) that commercial cannabis microbusinesses shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis business conducted at the same location; and (2) that City licensed commercial cannabis retail businesses which are also licensed by the City for adult -use cannabis retail business (temporary consumption and/or special events), or socially equitable adult -use cannabis retail business (temporary consumption and/or special events) shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis retail business conducted at the same location; and (3) that whenever in the discretion of the Collector, for the purposes of more fully achieving the intent of this Article, or to more efficiently and equitably administer the provisions of this Article, additional administrative commercial cannabis business licenses are required to allow the for the recognition of fee -exempt activities, or to allow for the separate accounting and apportionment of one (1) or more taxable endeavors relating to sub -activities incorporated within a consolidated commercial cannabis tax activity under subsection (d), then the Collector shall require that the affected commercial cannabis business obtain such administrative license(s), and in the case of taxable activities, separately report and pay the applicable gross receipts tax(es) due under the consolidated commercial cannabis tax activity to which said administrative license(s) relate. In such case, the minimum basic rate of two thousand dollars ($2,000.00) annually per license, shall not be applied, however, such administrative license(s) are subject to all other requirements under this Chapter, including all applicable licensing charges and service fees. (f) In the event the City should in the future permit additional categories of commercial cannabis business activity, as may from time to time be licensed by the State of California, such categories of commercial cannabis activities shall be subject to the same maximum tax rates as imposed herein. The City may by ordinance of the City Council initially set the required gross receipts/gross square footage tax rates based on category of cannabis business activity at lesser rates as may be deemed appropriate by the City Council. (g) For purposes of this Article, a commercial cannabis business is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49 of this Chapter. (h) For purposes of this Article any person claiming an exemption from the gross receipts tax rate component of the combined gross receipts/square footage tax imposed under this Article on the basis of a claim of being a qualified "nonprofit organization" shall have the burden of substantiating their claim to the same extent and in the same manner as a marijuana collective/cooperative in accordance with section 21-127(a)(6) of this Chapter. (i) Cannabis businesses shall not pass the taxes imposed by this Article through to an adult -use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price. City PiNaPPAKil RFP No. 23-%-5 165 PaN@/ 196 (j) Definitions. For purposes of this Article, the following terms have the following meanings: (1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this Code. (2) "Commercial Cannabis Activity" as defined in section 40-2(9) of this Code. (3) "Commercial cannabis business" as defined in section 40-2(10) of this Code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales. (4) "Commercial cannabis adult -use retail business" as defined in section 40-2(39.4). (5) "Consumption Lounge" as defined in section 40-2(39.1) of this Code. (6) "Cultivation" as defined in section 40-2(11) of this Code. (7) "Delivery" as defined in section 40-2(13) of this Code. (8) "Distribution" as defined in section 40-2(16) of this Code. (9) "Gross receipts" - section 21-3 of this Chapter notwithstanding, "gross receipts" for the purposes of this Article shall mean: (A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation, manufacturing, distribution, testing, or provision of cannabis or any transaction related thereto; (B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included; (F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof; (G) The amount of any California state cannabis excise tax or state cannabis cultivation tax included in the price of the product; (H) "Gross receipts" shall not include the following: i. The amount of any federal tax imposed on or with respect to retail or wholesale sales or the sale of services whether imposed upon the cannabis business or the consumer whenever the amount of federal tax is authorized by law to be stated and passed through to customers as a separate charge. City PiNaPPAKil RFP No. 23-%-5 166 PaN@/196 Any California state, county, or city sales or use tax, including any add -on, district, or transaction and use tax, required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale; or iii. The amount of the sale price of business personal property (all property owned or leased by a cannabis business operator used in the operation cannabis business activities, including, but not limited to: furniture, fixtures, and business equipment); real property, including land, buildings and other improvements. iv. The amount of equity contributions, investments, and/or loan proceeds to cannabis business' operation, and/or proceeds from the sale or transfer of cannabis business' retail or commercial cannabis business. V. The amount of interparty sales and/or transfers of goods within a single vertically and/or horizontally integrated cannabis business, where the sales or transfers goods are between two (2) or more commercial cannabis business licensees (excluding testing facilities or testing laboratories), or one (1) or more said commercial cannabis business licensee(s) and one (1) or more medicinal cannabis retail business licensee(s), as set forth in accordance with section 21- 131.2 and/or section 21-142. (1) "Gross receipts" shall be calculated without any deduction on account of any of the following: i. The cost of tangible or intangible property sold or bartered; ii. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; iii. The cost of transportation of cannabis, or other property or product; iv. The amount of any federal or state income or franchise taxes; and V. Any other business costs or expenses, unless otherwise specifically exempted. (10) "Gross square foot" or "gross square footage" for the purposes of this Article shall mean: (A) In the case of commercial cannabis businesses licensed by the state to engage in an adult - use cannabis retail business, the gross number of square feet comprising the adult -use cannabis retail property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated, whether such adult -use cannabis retail business is part of an on -site vertically or horizontally integrated cannabis business or not. (B) In the case of commercial cannabis businesses licensed by the state to engage in cultivation, the aggregate number of square feet comprising all areas of the premises under "canopy," whether such sum is greater or lesser than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy," and whether such commercial cannabis cultivation business is part of an on -site vertically integrated cannabis business or not. City PiNaPPAKil RFP No. 23-%-5 167 PaN@/ 196 "Canopy" shall mean the designated area(s) of a premises that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which includes interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent canopy measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's canopy is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then a canopy measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (C) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and that are not occupying the same premises with another cannabis business, the gross number of square feet as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated. (D) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and occupying the same premises with another cannabis business, the gross number of square feet allocated by the commercial cannabis business owner/operator respectively for either distribution use or for manufacturing use, whether the combined sum of all uses is less than, equal to, or greater than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy." The number of square feet allocated ("Allocated Square Footage") shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent allocated square footage measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's allocated square footage is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then an Allocated Square Footage measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (E) In the case of commercial cannabis businesses licensed by the state to engage in testing facilities or testing laboratory businesses, the gross number of square feet comprising such commercial cannabis business' property location as confirmed by the corresponding City PiNaPPA ail RFP No. 23-%-5 168 PaN@/196 "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater. (11) "Manufacturing" as defined in section 40-2(22) of this Code. (12) "Microbusiness" as defined in section 40-2(24) of this Code. (13) "Consumption Lounge" as defined in section 40-2(39.1) of this Code. (14) "Qualified Social Equity Adult -use Cannabis Retail Business" as set out in section 40-16 of this Code. To include: "Socially Equitable Adult -use Cannabis Retail Business (including Delivery and Consumption Lounges)," and "Socially Equitable Adult -use Cannabis Retail Business Temporary Consumption and/or Special Events)." (15) "Retail business" as defined in section 40-2(39) of this Code. (16) "Shared manufacturing" as defined in section 40-2(22.5) of this Code. (17) "Temporary Consumption Event" and "Temporary Consumption Festival" as defined in section 40-2(39.2 and 39.3) of this Code. (18) "Testing Facility" or "Testing Laboratory" as defined in section 40-2(43) of this Code. (19) "Wholesale" as defined in section 40-2(44) of this Code. (k) Modification, repeal or amendment. The City Council may repeal the ordinance codified in this Article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other Article of this Chapter and relate them to this Article, or amend any existing provisions of any Article of this Chapter as they may already relate to this Article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (1) Administration —Rules, regulations and guidelines. In order to aid in the city's collection of taxes due under this Article and to ensure that all commercial cannabis businesses are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Article including, but not limited to, rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this Article in any manner not inconsistent with the intent of this Article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article. (m) Occasional transactions —Exemptions. (1) The provisions of this Article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of commercial cannabis business at the request of a specific client or customer, incidental to a commercial cannabis business principally established elsewhere, provided that such person does not come into the city for the purpose of transacting such business on more than three (3) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting commercial cannabis business activities, the business license tax(es) payable by such person may be apportioned by the collector in accordance with this Chapter. City PiNaPPAKil RFP No. 23-%-5 169 PaN@/196 (n) Reporting and remittance. (1) Beginning as set forth in subsection (r) below, and monthly thereafter, each commercial cannabis business required to pay a tax or taxes based on gross receipts under this Article (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts), shall report to the city any gross receipts received during the preceding monthly reporting period. In addition, each cannabis business (including qualified nonprofit organizations) required to pay a tax or taxes based on square footage shall report to the city the gross square footage of the cannabis business' property location. Every cannabis business shall then compute the business license taxes at both the gross receipts rate and the gross square footage rate - prorated monthly to one -twelfth ( 1/12) of the annual tax rate amount - and shall then remit to the city the amount of the higher of the two (2) tax calculations due and owing during said period in accordance with section 21-133, subsection (d). In the case of a qualified nonprofit organization only the gross square footage computation shall be made and the amount of such calculation shall represent the amount due and owing during said period. All reporting and remitting made shall be done in accordance with instructions from the collector and shall be made using forms provided or approved by the collector. (2) For purposes of this section, month shall mean calendar month and shall include any fraction of a month. Taxes shall begin to accrue on the date that a person or entity first receives a business license or other city permit to operate as a commercial cannabis business or upon the operative date of this Article should a person or entity already possess a commercial cannabis business license or other city permit to operate as a commercial cannabis business. (3) The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance with this section, shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31st day of March of the following year. In the case of a new commercial cannabis business the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter (%) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (o) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this Article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article. (p) Business license tax certificate/receipt—Required. There are imposed upon all persons engaged in transacting and carrying on any commercial cannabis business activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this Article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any commercial cannabis business activity without complying with all the provisions of this Article shall constitute a separate violation of this Chapter for each and every day that such commercial cannabis activity is so carried on. (q) Classification of business license assessment type —Term and renewal. The business license issued to commercial cannabis businesses shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) of this Chapter and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77. City Pfib(aPPAIA I RFP No. 23-%-5 170 PaN@/ 196 (r) Operative date. Upon the approval by the majority of the voters of the city at the November 6, 2018 general election, the taxes imposed by this Article shall become operative and shall be applied by the collector upon all commercial cannabis businesses. (s) Operative date of decreased gross receipts tax rate (Testing Facilities or Testing Laboratories). The gross receipts tax set initially at a rate of five (5) percent for testing facilities or testing laboratories pursuant to subsection (d) above shall be decreased to a rate of one (1) percent by resolution of the City Council [Santa Ana City Council Resolution No, 2019-0681 as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become retroactively effective July 1, 2019. (t) Operative date of decreased gross receipts tax rate (Cultivation, Manufacturing, and Distribution, Adult -use Cannabis Retail Business (including Delivery and Consumption Lounges), Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events). The gross receipts tax set initially at a rate of six (6) percent for cultivation, manufacturing, and distribution pursuant to subsection (d) above shall be decreased to a rate of one (1) percent, and the gross receipts tax rate set initially at a rate of eight (8) for all adult -use cannabis retail business (including delivery) activities pursuant to subsection (d) above shall be decreased to seven (7) percent to include the sub -activity of consumption lounges, and the ancillary adult -use cannabis retail business (temporary consumption and/or special events) activity; the parallel activities of social equity adult -use cannabis retail business (including delivery and consumption lounge), and the ancillary social equity adult -use cannabis retail business (temporary consumption and/or special events) activity are set at a reduced five (5) percent, by resolution of the City Council [Santa Ana City Council Resolution No, 2022-078] as hereinabove provided for in accordance with subsection (c), which reduced rates, under the terms of said City Council resolution, shall become effective January 1, 2023. (u) Operative date of decreased square footage tax rate (Cultivation, Manufacturing, Distribution, Adult - use Cannabis Retail Business (Temporary Consumption and/or Special Events), Qualified Social Equity Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events). The square footage tax set initially at a rate of ten dollars ($10.00) per square foot for cultivation and manufacturing, and four dollars ($4.00) per square foot for distribution pursuant to subsection (d) above shall be decreased to a rate of seven dollars ($7.00) per square foot for cultivation, three dollars ($3.00) per square foot for manufacturing, three dollars ($3.00) per square foot for distribution; and to a rate of zero dollars ($0.00) per square foot for shared manufacturing, adult -use cannabis retail business (temporary consumption and/or special events), and qualified social equity adult -use cannabis retail business (temporary consumption and/or special events) by resolution of the City Council [Santa Ana City Council Resolution No, 2022-078] as hereinabove provided for in accordance with subsection (c), which reduced rates, under the terms of said City Council resolution, shall become effective January 1, 2023. (v) Notwithstanding the tax rates imposed herein under subsections (d), (s), (t), and (u), the City Council may, in its discretion, at any time solely by resolution, implement any lower or higher tax rate it deems appropriate, not to exceed the maximum rates established by subsection (a). (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18; Ord. No. NS-2972 , § 7, 9-3-19; Ord. No. NS-2930 , § 8, 11-21-17; Ord. No. NS-3026 , § 9, 10-4-22, eff. 1-1-23) Editor's note(s)—Sec. 21-133, subsections (s)—(u), effective January 1, 2023, are hereby adopted by reference and are subject to amendment from time to time by resolution. City PiNaPPAKil RFP No. 23-%-5 171 PaN@/9I2§ 196 Sec. 21-134. Payment of tax does not authorize unlawful business. (a) The payment of a business tax required by this article, and its acceptance by the city, shall not entitle any person to carry on any commercial cannabis business unless the person has complied with all of the requirements of this code and all other applicable laws, nor to carry on any commercial cannabis business in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such commercial cannabis business is in violation of any law. (b) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city, state or federal law. (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18) Sec. 21-135. Single property location; multiple state licenses; separate city business licenses. Sections 21-7, 21-8, and 21-9 of this chapter notwithstanding, separate city business licenses, issuable to commercial cannabis businesses pursuant to this article, shall be required for each separate type of commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state, or for which a state license has been approved or issued. Provided, however, that commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state as a microbusiness, or for which a state license has been approved or issued as a microbusiness, shall in such case be required to obtain a separate city business license business for each of the commercial cannabis activities transacted and carried on. (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18; Ord. No. NS-2930 , § 8, 11-21-17; Ord. No. NS-3026 , § 10, 10-4-22, eff. 1-1-23) Sec. 21-136. Security for collection of commercial cannabis business' business license tax; requirement; extension of time; application; failure to post or restore —Effect; jeopardy determination; refund or release; deposit adjustment —Effect. (a) Requirement for Security Deposit. To ensure compliance with business license tax payment requirements established pursuant to this Article, the collector shall require, beginning on the operative date of this Article, that each commercial cannabis business owner/operator, including, but not limited to, each purchaser, assignee, transferee, or other successor in interest (hereinafter collectively referred to as successor) of a commercial cannabis business subject to the business licensing requirements of this Article, deposit one hundred and twenty (120) days following the last day of the month in which business was first commenced such security (per individual business license) in a form acceptable to the collector in an amount not larger than the commercial cannabis business owner's/operator's estimated average monthly business license tax liability as determined by the collector or the sum of ten thousand dollars ($10,000.00), whichever is least. Provided, however, in the event that two or more commercial cannabis business licensees sharing at least eighty (80%) per cent underlying common ownership, regardless of form of business structure, are engaged in an integrated cannabis business (whether vertically or horizontally integrated) as defined in section 21-142, then a single consolidated deposit shall be made equal to the deposit amount owing for the integrated commercial cannabis activity having the highest individual business license tax liability. Each new city commercial cannabis business licensee shall upon obtaining their City business license(s) deposit a similar security as applicable per business license within thirty (30) days after commencing business. City PiNaPPAKil RFP No. 23-%-5 172 PaN@/ 196 (b) Extension of Time. If, upon request and in the judgment of the collector, a determination of any commercial cannabis business' estimated average monthly tax liability for purposes of setting the amount of their required security deposit requires an extension of time beyond one hundred and twenty (120) days following the last day of the month in which business was first commenced, then the collector may issue a written notification to such commercial cannabis business granting such extension. (c) Application of Security Deposit. To recover past -due business license taxes, including penalties, interest, charges, fees, or costs (hereinafter collectively referred to as business license tax liabilities) remittable by the depositor, the collector may apply the security deposited with the collector. At least fifteen (15) days prior to the application of a security deposit, the collector shall serve upon the depositing commercial cannabis business owner/operator notice of intent to apply the security deposit. Service of notice may be made by placing the notice in the United States mail, postage prepaid, addressed to the depositing commercial cannabis business owner/operator at their place of business or other mailing address of record. Any portion of the security remaining after satisfaction of outstanding business license tax liabilities and any expenses related to third -party administrative charges or fees relating to the liquidation and application of non -cash deposits may be retained by the collector for security or in the case of a closeout audit may be paid over by the collector to the depositing owner/operator. Except in the case of a closeout audit pursuant to section 21- 141, in the event the collector applies the security deposit, or any portion of said deposit, as an offset against remittable business license tax liabilities and any expenses related to third -party administrative charges or fees relating to the liquidation and application of non -cash deposits, the commercial cannabis business owner/operator shall be required within thirty (30) days of the collector's written demand therefor, to re - deposit the full amount of the required security. In such event the amount of the required security shall be adjusted by the collector based on the average of the commercial cannabis business' actual monthly gross receipts tax returns and/or remittances as measured over the last three (3) valid monthly returns and/or remittances received by the collector or the sum of ten thousand dollars ($10,000), whichever is least, less any amount remaining on deposit with the collector. Service of demand shall be in the same manner as stated hereinabove for service of notice. (d) Failure to Post or Restore Security Deposit —Effect. Failure by a commercial cannabis business licensee to initially post or restore a security deposit when required by the collector pursuant to this section shall be cause for suspension and/or revocation of such commercial cannabis business' existing Santa Ana Business License as set out in section 21-86 of this Chapter. Similarly, in the case of a vertically and/or horizontally integrated cannabis business, the business license(s) of the integrated commercial cannabis business(es) shall be likewise subject to suspension and/or revocation. (e) Jeopardy Determination. If the collector believes that the collection of any business license tax imposed by this Article will be jeopardized, in whole or in part, by delay in the commercial cannabis business owner's/operator's timely remittance of the business license tax, the collector shall serve notice upon the person determined to be liable therefor of their determination of jeopardy and of the business license tax required to be paid to the City, and demand immediate payment thereof, together with any interest and penalty determined to be due. The collector may consider all facts and circumstances relevant to determining whether the collection of any business license tax will be jeopardized by delay, including, but not limited to, indications that the person liable for the business license tax intends to take or is taking action to discontinue business activities in the City, dissipate or otherwise remove assets from the City, or sell, exchange, transfer, assign, or otherwise dispose of such person's business, personal or business income, or business property. The collector also may consider whether the person liable for the business license tax is or has been uncooperative or unresponsive in connection with any investigation, examination, audit, deficiency determination, assessment, or collection action or procedure undertaken by the collector. Ajeopardy determination of business license tax, penalty, or interest, is immediately due and payable upon the service of the notice of jeopardy determination on the person determined to be liable therefor. Service of notice of a jeopardy determination shall be made by: (1) sending the notice initially by electronic mail to the depositing commercial cannabis business owner's/operator's electronic mail address of record as set out in the City PiNaPPAKil RFP No. 23-%-5 173 PaN@/ 196 depositing commercial cannabis business owner's/operator's application for business license or most recent business license renewal affidavit or business license amendment statement; (2) placing the notice for delivery with an express carrier for next business day delivery, all delivery and tracking charges prepaid, addressed to the depositing commercial cannabis business owner/operator at their place of business; and/or (3) conspicuously posting said notice upon the premises of the commercial cannabis business. Service of notice of a jeopardy determination shall be deemed completed upon tracking confirmation of the delivery of said notice to the commercial cannabis business owner's/operator's place of business or on the date of the actual posting of said notice on the premises of the depositing commercial cannabis business owner/operator. Upon the business day next following the completion of service of notice of a jeopardy determination upon a depositing commercial cannabis business, the collector in his or her discretion may proceed with the application of the security deposit upon actual or estimated business license taxes due, including penalties, interest, charges, or service fees. (f) Refund or release of security deposit. In the case of the sale, assignment, or other transfer or termination of business by the depositor pursuant to section 21-141, the collector shall refund or release the security deposit amount required pursuant to this section, or in the event of prior application of the security deposit pursuant to subsection (c), any unapplied amount of such security deposit, upon depositor's presentation to the collector of a certificate of nonliability stating the nonliability of the depositor for payment of business license taxes as hereunder provided in section 21-141(f). (g) Deposit adjustment —Effect. In the case of a determination by the collector that the amount of a previously posted commercial cannabis business owner's/operator's security deposit exceeds the requirements of this section, then the collector shall adjust the amount of the required security deposit. If the prior security deposit was posted on a cash basis, then the collector shall refund the excess amount. If the prior security deposit was posted on a non -cash basis, then an adjusted cash basis security deposit or adjusted non -cash basis security deposit in a form acceptable to the collector may be posted in exchange for the release of the prior security deposit. (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18) Sec. 21-137. Effect of state and federal reference/authorization. Unless specifically provided otherwise, any reference to a state or federal statute in this article or chapter (whether by direct citation or by definitional reference to another chapter of this code) shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a state or federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease. Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the city's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in state or federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18) City PiNaPPAKil RFP No. 23-%-5 174 PaN@/?W,§ 196 Sec. 21-138. Violation deemed misdemeanor —Penalty. Any person violating any of the provisions of this article or any regulation or rule passed in accordance herewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in California Penal Code Section 19. The penalties under this section are in addition to any other penalties available pursuant to this code. (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18) Sec. 21-139. Transferability of commercial cannabis business license. Section 21-67 of this chapter notwithstanding, business licenses issued to commercial cannabis businesses pursuant to this article shall be transferable or assignable upon presentation of a valid regulatory safety permit issued in the name of the transferee or assignee. (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18) Sec. 21-140. Severability. Should any provision of this article, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or chapter or the application of this article or chapter to any other person or circumstance and, to that end, the provisions hereof are severable. (Ord. No. NS-2962 , § 2(Exh. A-1), 11-6-18) Sec. 21-141. Sale, assignment, transfer, or termination of business commercial cannabis business owner's/operator's duty to notify; remitting and reporting requirements; closeout audit; successor's duty to notify; successor's and transferor's joint and several liability; certificate of nonliability. (a) Owner/Operator's duty to notify. Termination of business. A commercial cannabis business owner/operator who is terminating their business shall notify the collector in writing of such termination at least ninety (90) days in advance of the date of termination of business. If the decision to terminate business is made within less than a ninety (90) day period prior to the date of termination, the owner/operator shall then immediately notify the collector of said decision and the date of termination of business. Sale, assignment or transfer of business. A commercial cannabis business owner/operator who is selling, assigning, or otherwise transferring their business (hereinafter collectively referred to as transferor) shall notify the collector in writing of such sale, assignment, or transfer at least ninety (90) days in advance of the date of the sale, assignment, or transfer and shall notify the collector in writing of the name and address of the purchaser, assignee, transferee, or other successor in interest (hereinafter collectively referred to as successor) unless the decision to sell, assign, or otherwise transfer their business was made within less than a ninety (90) day period prior to the sale, assignment, or transfer, in which case the transferor shall then immediately notify the successor of the successor's responsibility for unpaid business license taxes, including penalties, interest, charges, fees, or costs (hereinafter collectively referred to as business license tax liabilities) for the period prior to the sale, assignment, or transfer as set forth in subsections (d) and (e) below, and shall further certify in writing City PiNPPAIRgil RFP No. 23-%-5 175 PaN@/ 196 to the collector that the successor was notified of the requirements of this Article regarding their responsibility for unpaid business license tax liabilities. (b) Remitting and reporting requirements. Each commercial cannabis business owner/operator upon the sale, assignment, or other transfer, or termination of business for any reason shall, on or before the last day of the month following the sale, assignment, transfer, or termination of business, file a final return to the collector on City approved forms, of the total gross receipts received, adjustments to gross receipts, the amount of business license tax collected for the reporting period, remittances made, if any, and the balance of the business license tax due, if any, shall be remitted to the collector. (c) Closeout audit. After filing the final return and remitting the balance due, the commercial cannabis business owner/operator shall make its records of account available for a closeout audit by the collector, his or her revenue officers, or duly authorized employees or agents of the City. The decision to perform a closeout audit shall be made solely at the discretion of the collector. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is found to have satisfied all business license tax liabilities, the collector shall issue to such business owner/operator a certificate of nonliability. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is deficient in either their return or remittance, or both, the collector shall immediately notify such owner/operator of the amount of the net deficiency, plus applicable penalties, interest, charges, fees, or costs. Upon such owner/operator's remittance of all business license tax liabilities owing, the collector shall issue a certificate of nonliability. (d) Successor's duty to notify. If a commercial cannabis business owner/operator decides to sell, assign, or otherwise transfer their business, their successor shall notify the collector of the date of the sale, assignment, or other transfer at least ninety (90) days before the date of the sale, assignment, or transfer. It shall be the duty of the successor to obtain written verification from the collector's office that the transferor does not have or is not liable for any outstanding business license taxes liabilities. After the successor seeks written verification from the collector's office, if the collector notifies the successor that the transferor has or is liable for any outstanding amount of business license tax liabilities, the successor shall withhold an amount equal to such outstanding business license tax liabilities until the transferor produces a certificate of nonliability stating the nonliability of the transferor for payment of business license tax liabilities. If the transferor does not present a certificate of nonliability within ninety (90) days after such sale, assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. If the decision to sell, assign, or otherwise transfer was made within less than a ninety (90) day period prior to the date of the sale, assignment, or other transfer, the successor shall notify the collector of the sale, assignment, or transfer immediately and shall withhold an amount equal to the sum of the transferor's last three (3) months' of reported and remitted business license taxes until the transferor produces a certificate of nonliability stating the nonliability of the transferor for payment of business license tax liabilities. If the transferor does not present a certificate of nonliability within ninety (90) days after such sale, assignment or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. (e) Joint and several liability. If the successor fails to withhold the applicable amount required under subsection (d) they shall become jointly and severally liable along with the transferor for the payment of the full amount of the transferor's business license tax liabilities and shall likewise become jointly and severally liable along with the transferor for future penalties and/or interest charges as may be applicable as set forth in sections 21-83, 21-84, and 21-85 until all business license tax liabilities are satisfied. (f) Certificate of nonliability. Upon application of a commercial cannabis business owner/operator who is terminating their business, or a transferor, or a successor, for a certificate of nonliability, the collector, after conducting an audit therefore, as he or she may deem necessary, shall issue the certificate of nonliability if City PiNaPPAKil RFP No. 23-%-5 176 Pa �/� 196 the owner/operator's, transferor's, or successor's business license tax liabilities have been satisfied. If any business license tax liabilities remain outstanding, or if additional business license tax liabilities have accrued subsequent to the date of application, the collector shall give notice to the operator/owner, transferor, or successor of the applicable amount which must be fully paid as a condition of issuing their respective certificate of nonliability. Where a transferor's business license tax liabilities have been partially or wholly paid by their successor to the collector pursuant to subsection (e) or partially or wholly satisfied by their successor's action of withholding and depositing amounts with the collector pursuant to subsection (d), no certificate of nonliability shall be issued to the transferor without the prior written consent of their (Ord. No. NS-2972 , § 9, 9-3-19) Sec. 21-142. Vertical and horizontal integration of commercial cannabis business licensees — Defined. The terms vertical integration and horizontal integration as used in this Article shall have the following meanings: Vertical integration shall refer to cannabis businesses operating at different points in the same supply chain from cultivation to retail sales, as long as they share at least eighty (80%) per cent underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. Horizontal integration shall refer to cannabis businesses operating at the same point in the same supply chain, as long as they share at least eighty (80%) per cent underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. For purposes of this Article the term "cannabis businesses" shall include medicinal marijuana collectives/cooperatives as defined in section 18-611 and commercial cannabis businesses as defined in section 40-2, but shall not include commercial cannabis businesses engaged in testing facilities or testing laboratory businesses. (Ord. No. NS-2972 , § 10, 9-3-19) ARTICLE XIV. TAX HOLIDAY Sec. 21-143. Development and administration of the tax holiday program. The City Manager and his or her designee shall develop and administer a Tax Holiday program as authorized and provided in this article. ( Ord. No. NS-3031, § 6, 11-8-22) Sec. 21-144. Duration and application of program. The Tax Holiday program shall be conducted for the period of twelve (12) months as specified hereinafter. (a) All annual license renewals based upon a flat rate shall be for the twelve-month period beginning January first of the current year and shall expire on the thirty-first day of December of the current year. (b) All annual license renewals based upon a variable flat rate shall be for the twelve-month period beginning July first of the current year and shall expire on the thirtieth day of June of the following year. (c) All annual license renewals based upon gross receipts shall be for the twelve-month period beginning on April first of the current year and shall expire on the thirty-first day of March of the following year. City PiNaPPAKil RFP No. 23-%-5 177 PaN@/196 (d) All quarterly licenses shall be for the period of three (3) months beginning on the first day of January and ending on the thirty-first day of March; on the first day of April and ending on the thirtieth day of June; on the first day of July and ending on the thirtieth day of September; on the first day of October and ending on the thirty-first day of December. ( Ord. No. NS-3031 , § 6, 11-8-22) Sec. 21-145. Elements of program; requisites for compliance with program. (a) The provisions of this article shall apply to any persons who are required to obtain a business license and pay a business license tax under Chapter 21 of the Santa Ana Municipal Code and who files a business license application and complies with the following program requisites: (1) Substantially complies with the business license application procedure created and administered by the City Manager and his or her designee; (2) For any persons with unlicensed businesses who pay in full all business license taxes for the current tax year within a ninety (90) day period shall then be excused from all back tax liability, including penalties and interest, as described in Section 21-15. (3) For any persons with licensed businesses that are in arrears for business license taxes or under - assessed as a result of improperly underreporting business license tax liabilities and wish to cure an arrears or underreporting may do so. However, the principal amount of the arrears outstanding or the principal amount of the under -assessment must be paid in full in order to qualify for a penalty and interest Tax Holiday. (b) For any business license taxes subject to a Tax Holiday under this program, the City Manager and his or her designee may enter into an installment payment agreement, in lieu of the complete payment required under subdivision 2 of subsection (a) of this section. Failure of a person paying a business license tax to fully comply with the terms of the installment payment agreement shall render the waiver of any penalties and interest applicable thereto null and void, unless the City Manager and his or her designee determines that the failure was due to reasonable cause and the person substantially complied with the terms of the installment agreement. An installment agreement under this article shall have a minimum term of six (6) months, by which date all arrears business license taxes, fees, and costs must be fully paid. The City Manager and his or her designee may use their discretion to alter any existing installment agreement to reflect the intent of the Tax Holiday. ( Ord. No. NS-3031, § 6, 11-8-22) Sec. 21-146. Implementation of article. The City Manager and his or her designee shall adequately publicize the Tax Holiday program, issue forms and instructions, and take all other necessary actions needed to implement this article. The City Manager and his or her designee shall have the discretion to create the application for the Tax Holiday program. The Finance and Management Services Agency shall have the discretion to determine whether a taxpayer has substantially complied with the requirements of the Tax Holiday program. ( Ord. No. NS-3031 , § 6, 11-8-22) City PiNaPPAKil RFP No. 23-%-5 178 PaN@/196 EXHIBIT X SANTA ANA MUNICIPAL CODE - CHAPTER 35 TAXATION, ARTICLE 5 HOTEL VISITORS' TAX AND ARTICLE 6 UTILITY USERS TAX CODE ARTICLE V. HOTEL VISTORS' TAX' Sec. 35-125. Title. This article shall be known as "The Hotel Visitors Tax Ordinance of the City of Santa Ana." (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 2, 4-5-04) Sec. 35-126. Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this article: (a) Person. The term "person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. (b) Hotel. The term "hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by hotel visitors for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. (c) Occupancy. The term "occupancy" means the use or possession, or the right to the use or possession, of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (d) Hotel visitors. The term "hotel visitors" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement. Any such person so occupying space in a hotel shall be deemed to be a hotel visitors until after the 30th consecutive day of such occupancy and said tax shall continue to be due upon all rent collected or accruing prior to said 30th day of occupancy unless such occupancy is pursuant to a qualifying rental agreement as defined in this article. In determining whether a person is a hotel visitors, uninterrupted periods of time extending both prior and subsequent to the effective date of this article may be considered. (e) Rent. The term "rent" means the total consideration charged to the hotel visitors as shown on the guest receipt for the occupancy of space in a hotel, including charges for equipment (such as rollaway beds, cribs and television set, etc.), and in -room services (such as movies and other services not subject to state taxes), valued in money, whether received or to be received in money, goods, labor or otherwise. It shall include all receipts, cash, credit, property and services of any kind or nature without any deduction therefrom whatsoever. The costs of additional goods and services, which are not "rent," but which may be sold as a package with the room (such as meals, excursions, and recreational services), must be accounted for in accordance with the rules and regulations promulgated by the finance director. (f) Operator. The term "operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator 'Editor's note(s)—Ord. No. NS-2648, § 2, adopted April 5, 2004, changed the title of article V from "Transient Occupancy Tax" to "Hotel Visitors Tax." City PiNaPPAKil RFP No. 23-%-5 179 196 performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this article and shall have the same duties and liabilities as his principal. Compliance with the provisions of this article by either the principal or the managing agent shall, however, be considered to be compliance by both. (g) Qualifying rental agreement. The term "qualifying rental agreement" means and shall be limited to a written contract signed by both the landlord and tenant, legally enforceable by either party thereto, and for a rental period of not less than thirty (30) consecutive days. Notwithstanding any other provision thereof, the term "qualifying rental agreement" as used in this article shall expressly exclude: (1) Any agreement regardless of rental term which is terminated for any reason by either party thereto, or by mutual consent, prior to the 30th consecutive day of tenancy, or (2) Any agreement regardless of length of rental term which would be unlawful or constitute a violation of any provision of law. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 3, 4-5-04) Sec. 35-127. Tax imposed. (a) For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eleven (11) per cent of the rent charged by the operator. The tax constitutes a debt owned by the transient to the city that is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the finance director may require that such tax shall be paid directly to the finance director. (b) In the event that a qualifying rental agreement exists between the hotel and any person for occupancy, as hereinabove defined, for a period in excess of thirty (30) days and in the event that such person allows occupancy by another person as subtenant, guest, licensee or permittee, the person who has made the agreement with the hotel as aforesaid shall be subject to and shall pay the tax provided for herein. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-1694, § 1, 8-15-83; Ord. No. NS-1921, § 1, 7-20-87; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 4, 4-5-04; Ord. No. NS-2673, § 1, 11-2-04; Ord. No. NS-2673, § 1, 11-2-04) Sec. 35-128. Exemptions. No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax herein provided; (b) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; (c) Any federal or state officer or employee while on official business only and when payment for such occupancy is made directly to the operator by duly authorized voucher payment from a governmental accounting office. This exemption does not exempt a hotel visitors who is employed by the United States government or the state or their respective instrumentalities from payment of the tax when the payment is later to be reimbursed by the United States government or the state or their respective instrumentalities. City PiNaPPAKil RFP No. 23-%-5 180 Pa'�§I?W§ 196 No exemption shall be granted except upon a claim therefore made at the time rent is collected and under penalty of perjury, upon a form prescribed by the finance director. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 5, 4-5-04) Sec. 35-129. Operator's duties. (a) Each operator shall collect the tax imposed by this article to the same extent and at the same time as the rent is collected from every hotel visitors. The amount of tax shall be separately stated from the amount of the rent charged, and each hotel visitors shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. Each operator shall account separately for and maintain separate monthly summary totals for taxable and nontaxable rents and for taxes collected. (b) The operator shall maintain its financial and accounting records in accordance with established accounting principles acceptable to the finance director. In the event the operator offers paid packages or complementary services to guests, the charges shall be accounted for in accordance with the rules and regulations promulgated by the finance director. (c) The tax required to be collected (any amount unreturned to the hotel visitors which is not tax but was collected under the representation that it was tax) constitutes a debt owed by the operator to the city and shall be paid to the city with the monthly remittance. (d) Whenever an operator who has collected any sum under the representation that it was a tax, which sum is not required to be collected as a tax, remits said sum to the city and thereafter refunds such sum to such person in whole or part, such operator may take the amount of such refund as a credit against future taxes only upon submitting to the finance director a statement under penalty of perjury specifying the reasons for the credit and providing proof of payment of such refund. (e) Nothing contained in this article shall be deemed to authorize as a credit against taxes owed any amount returned by the operator to any tour promoter, travel agent, or third party other than the hotel visitors. Travel agent commissions are an expense of the operator and may not be deducted from the rent. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 6, 4-5-04) Sec. 35-130. Registration. (a) Within thirty (30) days after commencing business each operator of any hotel renting occupancy to hotel visitors shall register said hotel with the finance director and obtain from him a hotel visitors registration certificate to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: (1) The name of the operator; (2) The address of the hotel; (3) The date upon which the certificate was issued; (4) The words: "This Hotel Visitors registration certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform Hotel Visitors tax ordinance by registering with the finance director for the purpose of collecting from Hotel Visitors the Hotel Visitors tax and remitting said tax to City PiNaPPAKil RFP No. 23-%-5 181 PaN@W� 196 the finance director. The certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a Hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit." (b) No hotel visitors registration certificate issued pursuant to this article shall be transferable or assignable; provided, that where a person holding a certificate issued under the provisions of this article changes the name of the business, such person shall upon changing the name make a written application to the finance director to have said certificate amended to reflect the change in name; and provided further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer shall not be prohibited by this section. For the purpose of this section stockholders, bondholders, partnerships, or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity. (c) Whenever, upon the sale or transfer of an existing hotel, a hotel visitors registration certificate is applied for, the finance director shall require that the succeeding operator produce a certificate of nonliability or other receipt issued by the finance director establishing that no unsatisfied liability for hotel visitors taxes exists. (d) It shall be unlawful and a misdemeanor to operate a hotel without a valid hotel visitors registration certificate or to fail to post the certificate issued in a conspicuous place at all times. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 7, 4-5-04) Sec. 35-131. Reporting and remitting. All operators shall report and remit monthly the full amount of hotel visitors taxes collected for the previous month upon the appropriate approved form available from the finance director. Hotel visitors taxes shall be deemed to be collected at that time at which the rent is earned if the operator uses the accrual basis of accounting or the time at which rent is received if the operator uses the cash basis of accounting. The same basis of accounting used for keeping the books and records shall be used for reporting and remitting hotel visitors taxes. The finance director may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax, and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this article shall be held in trust for the account of the city until payment thereof is made to the finance director. (a) Calendar month reporting period. Each operator reporting on a calendar month basis shall, on or before the last day of the following month, make a return to the finance director on approved forms of the total taxable rents charged and the full amount of hotel visitors taxes collected for the previous month. At the time the return is filed, the full amount of the tax collected shall be remitted to the finance director. (b) Timely returns. Returns and taxes remitted monthly and actually received by the finance director on or before the last day of the following month shall be deemed to be timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed pursuant to section 35-132. Provided, however, that when the last day upon which a return may be filed and taxes remitted falls on a Saturday, Sunday, or city, state, or national holiday, a timely filing and remittance may be made upon the first following working day. Returns filed and taxes remitted by mail shall be deemed to be timely filed only if the envelope or similar container enclosing the returns and taxes is addressed to the finance director, has sufficient postage and bears a United States postmark or a postage meter imprint prior to midnight on the last day for reporting and remitting without a penalty, if the last day for reporting and remitting said tax falls on a weekend or holiday, a filing shall be deemed to be timely filed if mailed prior to midnight of the first following working day. If such envelope or other container City PiNaPPAKil RFP No. 23-%-5 182 PaN@/?W,§ 196 bears a postage meter imprint as well as a United States Post Office cancellation mark, the latter shall govern in determining whether the filing and remittance are timely. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 8, 4-5-04) Sec. 35-132. Penalties and interest; audit deficiency. (a) Original delinquency. Any operator who fails to remit any tax imposed by this article within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax. (b) Continued delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay an additional delinquency penalty of ten (10) percent of the amount of the tax and the ten (10) percent penalty first imposed. Any operator who fails to remit any delinquent remittance on or before a period of sixty (60) days following the date on which the remittance first became delinquent shall pay an additional delinquency penalty of ten (10) percent of the amount of the tax and the ten (10) percent penalty first imposed together with the additional ten (10) percent penalty imposed. (c) Audit deficiency. If, upon audit by the city, an operator is found to be deficient in either its return or its remittance or both, the finance director shall immediately assess the operator the amount of the net deficiency plus an audit deficiency penalty of ten (10) percent of the amount of the net deficiency. If said operator's remittance was deficient for a period of greater than thirty (30) days following the date on which remittance was first delinquent, said operator shall pay an additional audit deficiency penalty of ten (10) percent of the net deficiency and the ten (10) percent penalty first imposed. If said operator's remittance was deficient for a period of greater than sixty (60) days following the date on which the remittance first became delinquent, said operator shall pay an additional audit deficiency penalty of ten (10) percent of the amount of the tax and the ten (10) percent penalty first imposed together with the additional ten (10) percent penalty imposed. In addition thereto, the finance director shall assess interest at the rate of one and one-half (1%) percent per month or fraction thereto on the amount of the net deficiency for each month or portion thereof for which said operator's remittance was deficient. (d) Fraud. If the finance director determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs (a) and (b) of this section. (e) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this article shall pay interest at the rate of one and one-half (1%) percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (f) Penalties merged with tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92) Sec. 35-133. Failure to collect and report tax. If any operator shall fail or refuse to collect said tax and to make, within the time provided in this article, any report and remittance of said tax or any portion thereof required by this article, the finance director shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the finance director shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this article and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this article. In case such determination is made, the finance director City PiNaPPAKil RFP No. 23-%-5 183 PaN@/196 shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address. Such operator may, within ten (10) days after the serving or mailing of such notice, make application in writing to the finance director for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the finance director shall become final and conclusive and immediately due and payable. If such application is made, the finance director shall give not less than five (5) days' written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the finance director shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in section 35-134. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92) Sec. 35-134. Appeal. (a) Any person aggrieved by any decision of the finance director or designee with respect to the amount of such tax, interest and penalties, if any, may appeal within fifteen (15) days pursuant to chapter 3 of this Code. In the event no appeal is filed within the time prescribed, the decision of the finance director or designee shall become final and conclusive and shall render any subsequent appeal null and void and shall further act as a waiver against future action. (b) Notwithstanding any other provisions contained in this article or any other provision contained in this Code to the contrary, any operator tendering payment of any tax, interest or penalties to the city pursuant to any provision of this article shall for all purposes thereafter be precluded and barred from appealing, contesting or otherwise challenging the validity or amount of any such tax, interest or penalties pursuant to any otherwise available procedure set forth in this article, or otherwise available by law, unless said payment is made under written protest to the city. Said written protest shall be deemed made for the purposes of this article only by one (1) of the following methods: (1) a written notation set forth on the check, draft, money order, or other negotiable instrument by which payment is tendered, indicating that such payment is made under protest; or (2) a written notice addressed and delivered to the finance director at the time of payment indicating that such payment is made under protest. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-1235, § 14, 12-9-74; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. 2792, § 16, 8-17-09) Sec. 35-135. Records. (a) It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for the period of the current calendar year and for the prior period of the three (3) calendar years immediately preceding, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the finance director shall have the right to inspect at all reasonable times. (b) Each operator within the city is hereby required to permit an examination of such books and records for the purposes aforesaid at a location within the City of Santa Ana. In the event such books and records cannot be made available within the City of Santa Ana, the operator is hereby required to reimburse the city for the cost of all transportation, lodging, meals, portal to portal travel time, and other incidental costs reasonably incurred by the city in obtaining said audit. City PiNaPPAKil RFP No. 23-%-5 184 PaN@/196 (c) The information furnished or secured pursuant to this article shall be confidential to the extent allowed by law; provided, however, this section shall not apply to any disclosures made in connection with any appeal proceeding pursuant to this article, or any civil action relating to the recovery of such taxes, interest or penalties, or any prosecution of any person for violation of any provisions of this article. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92) Sec. 35-136. Refunds. (a) When made. Whenever the amount of any tax, interest or penalty has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the city under this article it may be refunded as provided in subparagraph (b) and (c) of this section provided a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the finance director within one (1) year of the date of payment. The claim shall be on forms furnished by the finance director. (b) Refund to hotel visitors. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the finance director that the person from whom the tax has been collected was not a hotel visitors; provided however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the hotel visitors or credited to rent subsequently payable by the hotel visitors to the operator. (c) Hotel visitors recourse. A hotel visitors may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subparagraph (a) of this section, but only when the tax was paid by the hotel visitors directly to the finance director, or when the hotel visitors having paid the tax to the operator, establishes to the satisfaction of the finance director that the hotel visitors has been unable to obtain a refund from the operator who collected the tax. (d) Written records. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 9, 4-5-04) Sec. 35-137. Actions to collect taxes; recording and enforcement of liens; cumulative remedies. (a) Actions to collect. Any tax required to be paid by any hotel visitors under the provisions of this article shall be deemed a debt owed by the transient hotel visitors to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this article shall be liable to an action brought in the name of the city for the recovery of such tax, penalties, interest, and administrative costs incurred in connection therewith, including attorney fees. (b) Recording of a certificate of lien. If any amount required to be paid under this article is not paid when due, the finance director or his designated agent may record in the office of the county recorder(s) of such counties as the finance director may determine a certificate which specifies the amount of tax, penalties and interest due, the name and address of the operator liable for the same, a statement that the finance director has complied with all provisions of this article in the determination of the amount required to be paid, and a legal description of the real property owned by the operator. From the time of the recording of the certificate, the amount required to be paid together with penalties and interest constitutes a lien upon all City PiNPPAIP19il RFP No. 23-%-5 185 PaN@/196 real property in the county owned by the operator or thereafter acquired before the lien expires. The lien shall have the force, effect and priority of a tax lien and shall continue for ten (10) years from the filing of a certificate unless sooner released or otherwise discharged. (c) Warrant for collection of tax. At any time within three (3) years after the recording of a certificate of lien, the finance director or his designated agent may issue a warrant directed to any sheriff or marshal for the enforcement of the lien and the collection of any taxes, penalties and interest required to be paid to the city under this article. The warrant shall have the same effect as a writ of execution and be executed in the same manner and with the same effect as a levy and sale pursuant to a writ of execution. (d) Seizure and sale. In lieu of issuing a warrant under subsection (c), at any time within three (3) years after an assessment was issued or a certificate of lien was recorded under subsection (b), the finance director or his designated agent may collect the delinquent amount by seizing or causing to be seized any property, real or personal, of the operator and sell any non -cash or nonnegotiable property or a sufficient part of it at public auction to pay the amount of tax due together with any penalties and any costs incurred on account of the seizure and sale. Any seizure made to collect taxes due shall only be of property of the operator not exempt from execution under provisions of the Code of Civil Procedure. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 9, 4-5-04) Sec. 35-138. Violations. (a) Any operator or other person who fails or refuses to register as required herein or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the finance director, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and upon conviction thereof, is punishable as provided for in section 1-8 of this Code. Each day any such violation of this article shall continue shall constitute a separate offense. (b) Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this article to be made is guilty of a misdemeanor and is punishable as aforesaid. (c) Any operator violating any of the other mandatory provisions of this article shall be guilty of misdemeanor and is punishable as aforesaid. The commencement of criminal proceedings shall neither preclude nor abate administrative or civil actions to collect taxes due under this article. (d) It shall not be a defense to violations of this article that the operator, including a resident manager, had forwarded any return due or taxes collected to its principal or corporate headquarters, nor that any failure to file or remit taxes was based on the direction or inaction of such principal or corporate headquarters. (Ord. No. NS-1091, § 1, 8-16-71; Ord. No. NS-2162, § 1, 6-15-92) Sec. 35-139. Security for collection of the tax. (a) To ensure compliance with hotel visitors tax payment requirements, the finance director shall require each new operator subject to such requirements to deposit with the city within one (1) year after the effective date of this article, or within thirty (30) days after commencing business, whichever is later, such security in a form acceptable to the finance director in the amount not greater than the person's estimated average liability for the first period for which a return must be filed or the sum of ten thousand dollars ($10,000.00), whichever is the lesser. To recover hotel visitors taxes, including penalties and interest, remittable by the depositor, the finance director may apply the security deposited with the finance director. City PiNaPPAKil RFP No. 23-%-5 186 PaN@/196 (b) At least fifteen (15) days prior to the application of a security deposit, the finance director shall serve upon the depositing operator notice of intent to apply the security deposit. Service of notice may be made by placing the notice in the United States mail, postage prepaid, addressed to the depositing operator at his hotel. Any portion of the security remaining after satisfaction of outstanding hotel visitors taxes, penalties, interest and costs of sale may be retained by the finance director for security or may be paid over by him to the depositing operator. (c) In the case of the transfer or cessation of business by the depositor, the finance director shall refund or release the security amount required pursuant to this section, upon depositor's presentation to the finance director of either a receipt from the finance director showing that all hotel visitors taxes, including any penalty, interest or other charges or costs outstanding, have been paid or a certificate of nonliability stating the nonliability of the depositor for payment of hotel visitors tax as hereunder provided in section 35-140. (Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 9, 4-5-04) Sec. 35-140. Transfer or cessation of business; operator's duty to notify; remitting and reporting requirements; closeout audit; successor's duty to notify; successor's liability; certificate of nonliability. (a) Operator's duty to notify. An operator who is transferring, selling or terminating his business shall notify the finance director in writing of such sale, transfer or termination and the name and address of the purchaser or transferee at least thirty (30) days in advance of the date of the transfer, sale or termination, unless the decision to sell, transfer or terminate was made within less than a thirty -day period prior to the transfer, sale or termination, in which case the operator shall then immediately notify the purchaser or transferee of their responsibility for unpaid taxes as set forth in subsections (c) and (d) below, and further certify in writing to the finance director that the transferee or purchaser was notified of the requirements of this article regarding its responsibility for unpaid collected taxes. (b) Remitting and reporting requirements. Each operator upon the transfer or cessation of business for any reason shall, on or before the last day of the next month following the transfer or cessation of business, make a return to the finance director on approved forms of the total taxable rents charged, the amount of tax collected for the reporting period, remittances made, if any, and the balance of the tax due, if any, shall be remitted to the finance director. (c) Closeout audit. After filing the final return and remitting the balance due, the operator shall make his records of account available for a closeout audit by the finance director or duly authorized employee or agent of the city. If, upon audit by the city, the operator transferring or quitting his business is found to have satisfied all hotel visitors liability, the finance director shall issue to such operator a certificate of nonliability stating the nonliability of the operator for payment of hotel visitors taxes. If, upon audit by the city, the operator transferring or quitting his business is deficient in either his return or his remittance or both, the finance director shall immediately assess such operator the amount of the net deficiency in accordance with section 35-132 above. Upon such operator's remittance of the deficient amount plus any penalty and interest assessed, the finance director shall issue a certificate of nonliability. (d) Successor's duty to notify. If an operator who is liable for any hotel visitors taxes, penalties or interest under this article sells or otherwise transfers his business, his assignee or successor in interest shall notify the finance director of the date of the sale or transfer at least thirty (30) days before the date of the sale or transfer. If the decision to sell or transfer was made within less than a thirty -day period prior to the sale or transfer, the assignee or successor in interest shall notify the finance director immediately and shall withhold an amount equal to the accrued or outstanding hotel visitors tax liability of the operator until the transferring operator produces either a receipt from the finance director showing that the tax, including any penalty, interest or other charge or cost outstanding, has been paid or a certificate of nonliability stating the City PiNaPPAKil RFP No. 23-%-5 187 196 nonliability of the operator for payment of hotel visitors tax. If the transferor does not present a receipt or notice of nonliability within thirty (30) days after such sale or transfer after such assignee or successor commences to conduct business, the assignee or successor shall deposit the withheld amount with the finance director pending settlement of the account of the transferor. (e) Successor's liability. If the assignee or successor in interest fails to withhold the amount required to satisfy the tax liability, he shall become personally liable for the payment of the amount required to be withheld by him and shall be subject to penalty and interest charges as set forth in section 35-132. (f) Certificate of nonliability. Within thirty (30) days from the receipt of the application of any operator for a certificate of nonliability for the payment of hotel visitors taxes, the finance director after conducting an audit therefore shall issue the certificate if the operator's tax liability has been satisfied to the date of the application. If tax has accrued to that date, the finance director shall give notice to the operator of the amount which must be paid as a condition of issuing the certificate. (Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 10, 4-5-04) Sec. 35-141. Additional powers and duties of tax administrator, etc. (a) The finance director shall have the power and duty to enforce this article and shall have the power to adopt rules and regulations not inconsistent with the provisions of this article for the purpose of carrying out and enforcing the payment, collection and remittance of the taxes herein imposed. A copy of all such rules and regulations adopted by the finance director shall be maintained on file in the offices of the finance director. Where uncertainty exists regarding the interpretation of any provision of this article or its application to a specific hotel, operator or hotel visitors, the finance director shall determine the intent of the provision. Such determination shall take the form of a written memorandum of intent. A copy of all such memoranda issued by the finance director shall be maintained on file in the offices of the finance director. (b) The finance director shall have the further power, for good cause shown, to extend the time for filing any required report and remitting any taxes collected for thirty (30) days; and shall have the further power, for good cause shown, to waive or release any cash deposit, bond, bankshare, lien, or other security required and to compromise any claim as to any penalty imposed or charge demanded. (c) The finance director may with the consent and approval of the city attorney enter into written agreements with persons liable for the payment of delinquent taxes, penalties and interest, in monthly installments, or more often, extending over a period not exceeding one (1) year. In any agreement so entered into, such person shall acknowledge the obligation owed the city and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid, principal together with interest, shall become immediately due and payable. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including attorney fees. The execution of such an agreement shall not prevent the prior accrual of penalties and interest on unpaid balances at the rate provided hereinabove, but no penalties or additional interest shall accrue as hereinafter provided on account of taxes included in the agreement after the execution of the agreement and the payment of the first installment and during such time as such operator shall not be in breach of the agreement. The execution of such an agreement shall render any subsequent appeal null and void and shall constitute a waiver against future action. (d) In addition to all other authority conferred upon him, the finance director, upon the concurrence of the city attorney, shall have the authority to discontinue the collection of any claim if it appears that further proceedings would be without merit. (Ord. No. NS-2162, § 1, 6-15-92; Ord. No. NS-2648, § 10, 4-5-04) City PiNaPPAKil RFP No. 23-%-5 188 Pa �� 196 Secs. 35-142-35-150. Reserved. ARTICLE VI. UTILITY USERS TAX CODE2 Sec. 35-151. Short title. This article shall be known as the "Utility Users Tax Ordinance of the City of Santa Ana." The word "ordinance," "code" or "article" as used in this article shall mean the "Utility Users Tax Ordinance" unless otherwise so indicated. (Ord. No. NS-2436, § 2, 8-4-00; Ord. No. NS-2860, § 1, 12-9-14 ) Sec. 35-152. Purpose. This article is required for the purpose of fixing the rate of taxation for the utility users' tax, and for the purpose of providing a tax levy for the usual and current expenses of the City of Santa Ana. (Ord. No. NS-2436, § 2, 8-4-00; Ord. No. NS-2860, § 2, 12-9-14 ) Sec. 35-153. Definitions. The following words and phrases whenever used in this article shall be construed as defined in this section, unless otherwise indicated. (a) "Ancillary telecommunication services" means services that are associated with or incidental to the provision, use or enjoyment of telecommunications services, including but not limited to the following services: (1) "Conference bridging service" means an ancillary service that links two (2) or more participants of an audio or video conference call and may include the provision of a telephone number. Conference bridging service does not include the telecommunications services used to reach the conference bridge. (2) "Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement. (3) "Directory assistance" means an ancillary service of providing telephone number information, and/or address information. (4) "Vertical service" means an ancillary service that is offered in connection with one (1) or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. 'Editor's note(s)—Ord. No. NS-2436, § 2, adopted August 4, 2000, essentially re-enacted Article VI of this chapter by repealing the provisions of §§ 35-151-35-168 and replacing them with the similar provisions found in §§ 35-151-35-177 as currently set out herein. For a detailed history of former §§ 35-151-35-168, please refer to the Code Comparative Table. City PiNaPPAKil RFP No. 23-%-5 189 196 (5) "Voice mail service" means an ancillary service that enables the customer to store, send or receive recorded messages. Voice mail service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service. (b) "Billing address" shall mean the mailing address of the service user where the service supplier submits invoices or bills for payment by the customer. (c) "City" shall mean the City of Santa Ana. (d) "Day" shall mean a calendar day. (e) "Gas" shall mean natural or manufactured gas or any alternate hydrocarbon fuel that may be substituted therefore. (f) "Mobile telecommunications service" shall mean commercial mobile radio service, as defined in Section 20.3 of Title 47 of the Code of Federal Regulations and as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder. (g) "Month" shall mean a calendar month. (h) "Non -utility service supplier" means: (1) A service supplier, other than a supplier of electric distribution services to all or a significant portion of the city, which generates electricity for sale to others, and shall include but is not limited to any publicly -owned electric utility, investor -owned utility, cogenerator, distributed generation provider, exempt wholesale generator (15 U.S.C. Section 79z-5a), municipal utility district, federal power marketing agency, electric rural cooperative, or other supplier or seller of electricity; (2) An electric service provider (ESP), electricity broker, marketer, aggregator, pool operator, or other electricity supplier other than a provider of electric distribution services to all or a significant portion of the city, which sells or supplies electricity or supplemental services to electricity users within the city; and (3) A gas service supplier, aggregator, marketer or broker, other than a supplier of gas distribution services to all or a significant portion of the city, which sells or supplies gas or supplemental services to gas users within the city. (i) "Paging service" means a "telecommunications service" that provides transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds. (j) "Person" shall mean, without limitation, any natural individual, firm, trust, common law trust, estate, partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited liability company, corporation (including foreign, domestic, and non-profit), joint power agency, municipal district or municipal corporation (other than the city), cooperative, receiver, trustee, guardian, or other representative appointed by order of any court. (k) "Place of primary use" means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. (1) "Post-paid telecommunication service" means the telecommunication service obtained by making a payment on a communication -by -communication basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service. (m) "Prepaid telecommunication service" (including prepaid mobile telecommunication service) shall mean the right to access telecommunication services, which must be paid for in advance and which enables the City PiNaPPAKil RFP No. 23-%-5 190 PaN@/ 196 origination of communications using an access number or authorization code, whether manually or electronically dialed. (n) "Private telecommunication service" means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels. A communications channel is a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points (i. e., the location where the customer either inputs or receives the communications). (o) "Service address" means the residential street address or the business street address of the service user. For a telecommunication service user, "service address" means either: (1) The location of the service user's telecommunication equipment from which the telecommunication originates or terminates, regardless of where the telecommunication is billed or paid; or (2) If the location in subsection (1) of this definition is unknown (e.g., mobile telecommunications service or VoIP service), the service address means the location of the service user's place of primary use. (3) For prepaid telecommunication service, "service address" means the point of sale of the services where the point of sale is within the city, or if unknown, the known address of the service user (e.g., billing address or location associated with the service number), which locations shall be presumed to be the place of primary use. (p) "Service supplier" shall mean any entity or person, including the city that provides, sells, or resells a utility service to a user of such service within the city. (q) "Service user" shall mean a person required to pay a tax imposed under the provisions of this article. (r) "State" shall mean the State of California. (s) "Streamlined sales and use tax agreement" means the multi -state agreement commonly known and referred to as the streamlined sales and use tax agreement, as it is amended from time to time. (t) "Tax administrator" shall mean the finance director, or his or her designee. (u) "Telecommunications service" means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, whatever the technology used. The term "telecommunications services" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (VolP) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video and/or data services that are functionally integrated with "telecommunication services." "Telecommunications services" include, but are not limited to the following services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services; intrastate, interstate, and international telecommunication services; mobile telecommunications service; prepaid telecommunication service; post-paid telecommunication service; private telecommunication service; paging service; 800 service (or any other toll -free numbers designated by the Federal Communications Commission); 900 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre-recorded or live service). The term "telecommunication services" shall include, but is not limited to, charges for: connection, reconnection, termination, movement, or change of telecommunication services; late payment fees; detailed billing; central office and custom calling features (including but not limited to call waiting, call forwarding, caller identification and three-way calling); voice mail and other messaging services; directory assistance; access and line charges; universal service charges; regulatory or administrative fees, charges or surcharges, City PiNaPPAKil RFP No. 23-%-5 191 PaN@W� 196 including charges or surcharges for programs imposed by state or federal law (whether such charges or surcharges are imposed on the service supplier or the customer); local number portability charges; and text and instant messaging. "Telecommunication services" shall not include digital downloads that are not "ancillary telecommunication services," such as music, ringtones, games, and similar digital products. (v) "VoIP (Voice over Internet Protocol)" means the digital process of making and receiving real-time voice transmissions over any Internet Protocol network. (w) "800 Service" means a "telecommunications service" that allows a caller to dial a toll -free number without incurring a charge for the call. The service is typically marketed under the name "800," "855," "866," "877," and "888" toll -free calling, and any subsequent numbers designated by the Federal Communications Commission. (x) "900 Service" means an inbound toll "telecommunications service" purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded announcement or live service. "900 service" does not include the charge for: collection services provided by the seller of the "telecommunications services" to the subscriber, or service or product sold by the subscriber to the subscriber's customer. The service is typically marketed under the name "900" service, and any subsequent numbers designated by the Federal Communications Commission. (Ord. No. NS-2436, § 2, 8-4-00; Ord. No. 2721, § 2, 8-7-06; Ord. No. NS-2723, § 2, 8-7-06; Ord. No. NS-2860, § 3, 12- 9-14 ) Sec. 35-154. Constitutional exemptions. (a) Nothing in this code shall be construed as imposing a tax upon: (1) Any person or service when imposition of such tax upon that person or service would be in violation of a federal or state statute, the Constitution of the United States or that of the State of California; and (2) The city. (b) Any service user that is exempt from the taxes imposed by this code pursuant to subsection (a) shall file an application with the tax administrator for an exemption; provided, however, this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name, or is a service user of telephone communication services that has received a federal excise tax exemption certificate for such service. Said application shall be made upon a form approved by the tax administrator and shall state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and shall include the names of all utility service providers serving that service user. If deemed exempt by the tax administrator, such service user shall give the tax administrator timely written notice of any change in utility service providers so that the tax administrator can properly notify the new utility service provider of the service user's tax exempt status. A service user that fails to comply with this section shall not be entitled to a refund of utility users taxes collected and remitted to the tax administrator from such service user as a result of such non-compliance. Upon request of the tax administrator, a service supplier or non -utility service supplier, or its billing agent, shall provide a list of the names and addresses of those customers which, according to its billing records, are deemed exempt from the utility users tax. With respect to a service user of telephone communication service, a service supplier of such telephone communication services doing business in the city shall, upon the request of the tax administrator, provide a copy of the federal exemption for each exempt customer within the city that is served by such service supplier. (Ord. No. NS-2436, § 2, 8-4-00) City PiNaPPAKil RFP No. 23-%-5 192 PaN@/196 Sec. 35-155. Telephone users tax. (a) There is hereby imposed a tax upon every person in the city using telecommunication services. The tax imposed by this Section shall be at the rate of five and one-half (5%) percent of the charges made for such services and shall be collected from the service user by the telecommunication services supplier or its billing agent. There is a rebuttable presumption that telecommunication services, which are billed to a billing or service address in the city, are used, in whole or in part, within the city's boundaries, and such services are subject to taxation under this section. There is also a rebuttable presumption that prepaid telecommunication services sold within the city are used, in whole or in part, within the city and are therefore subject to taxation under this section. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax. As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the telecommunication services. (b) "Mobile telecommunications service" shall be sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124). The tax administrator may issue and disseminate to telecommunication service suppliers, which are subject to the tax collection requirements of this article, sourcing rules for the taxation of other telecommunication services, including but not limited to post-paid telecommunication services, prepaid telecommunication services, VoIP, and private communication services, provided that such rules are based upon custom and common practice that further administrative efficiency and minimize multi jurisdictional taxation (e.g., streamlined sales and use tax agreement). (c) The tax administrator may issue and disseminate to telecommunication service suppliers, which are subject to the tax collection requirements of this article, an administrative ruling identifying those telecommunication services, or charges therefore, that are subject to or not subject to the tax of subsection (a) above. (d) To prevent actual multi jurisdictional taxation of telecommunication services subject to tax under this section, any service user, upon proof to the tax administrator that the service user has previously paid the same tax in another state or city on such telecommunication services, shall be allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city; provided, however, the amount of credit shall not exceed the tax owed to the city under this section. (e) The tax on telecommunication services imposed by this section shall be collected from the service user by the service supplier. The amount of tax collected in one (1) month shall be remitted to the tax administrator, and must be received by the tax administrator on or before the 20th day of the following month. (Ord. No. NS-2436, § 2, 8-4-00; Ord. No. 2721, § 3, 8-7-06; Ord. No. NS-2723, § 3, 8-7-06; Ord. No. NS-2860, § 4, 12- 9-14 ) Sec. 35-155.1. Bundling taxable items. If any nontaxable charges are combined with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are nontaxable and taxable through the service supplier's books and records kept in the regular course of business, and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. If the service supplier offers a combination of taxable and non-taxable services, and the charges are separately stated, then for taxation purposes, the values assigned the taxable and non-taxable services shall be based on its books and records kept in the regular course of business and in accordance with generally accepted accounting principles, City PiNPPAIRgil RFP No. 23-%-5 193 PaN@/196 and not created and maintained for tax purposes. The service supplier has the burden of proving the proper valuation and apportionment of taxable and non-taxable charges. ( Ord. No. NS-2860, § 5, 12-9-14 ) Sec. 35-155.2. Substantial nexus/minimum contact. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this article, "substantial nexus" and "minimum contacts" shall be construed broadly in favor of the imposition, collection and/or remittance of the utility users' tax to the fullest extent permitted by state and federal law, and as it may change from time to time by judicial interpretation or by statutory enactment. Any telecommunication service (including VoIP) used by a person with a service address in the city, which service is capable of terminating a call to another person on the general telephone network, shall be subject to a rebuttable presumption that "substantial nexus/minimum contacts" exists for purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this article. A service supplier shall be deemed to have sufficient activity in the city for tax collection and remittance purposes if its activities include, but are not limited to, any of the following: maintains or has within the city, directly or through an agent, affiliate, or subsidiary, a place of business of any nature; solicits business in the city by employees, independent contractors, resellers, agents or other representatives; solicits business in the city on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter with the city or distributed from a location with the city; or advertises in newspapers or other periodicals printed and published within the city or through materials distributed in the city by means other than the United States mail; or if there are activities performed in the city on behalf of the service supplier that are significantly associated with the service supplier's ability to establish and maintain a market in the city for the provision of utility services that are subject to a tax under this article (e.g., an affiliated person engaging in activities in the city that inure to the benefit of the service supplier in its development or maintenance of a market for its services in the city). ( Ord. No. NS-2860, § 6, 12-9-14 ) Sec. 35-156. Electricity users tax. (a) There is hereby imposed a tax upon every person in the City of Santa Ana using electricity in the city. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such electricity, and for any supplemental services or other associated activities directly related to and/or necessary for the provision of electricity to the service user, which are provided by a service supplier or non -utility service supplier to a service user. The tax shall be collected from the service user by the service supplier or non -utility service supplier, or its billing agent. (b) As used in this section, the term "charges" shall apply to all services, components and items that are: i) necessary or common to the receipt, use and enjoyment of electric service; or, ii) historically have been, included in a single or bundled rate for electric service by a local distribution company to a class of retail customers. The term "charges" shall include but is not limited to, the following charges: (1) Energy charges; (2) Distribution or transmission charges; (3) Metering charges; (4) Stand-by, reserves, firming, ramping, voltage support, regulation, emergency, or other similar minimum charges for services; City PiNaPPAKil RFP No. 23-%-5 194 PaN@/?W,§ 196 (5) Customer charges, late charges, service establishment or reestablishment charges, demand charges, fuel or other cost adjustments, power exchange charges, independent system operator (ISO) charges, stranded investment or competitive transition charges (CTC), public purpose program charges, nuclear decommissioning charges, trust transfer amounts (bond financing charges), franchise fees, franchise surcharges, annual and monthly charges, and other charges, fees and surcharges which are necessary to or common for the receipt, use and enjoyment of electric service; and (6) Charges, fees or surcharges for electricity services or programs, which are mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. (c) As used in this section, the term "charges" shall also include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the electricity or services related to the provision of such electricity. If a non-taxable service and a taxable service are billed together under a single charge, the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles. (d) The tax administrator, from time to time, may survey the electric service suppliers to identify the various unbundled billing components of electrical retail service that they commonly provide to residential and commercial/industrial customers in the city, and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such electric service. The tax administrator, thereafter, may issue and disseminate to such electric service suppliers an administrative ruling identifying those components and items which are: i) necessary or common to the receipt, use and enjoyment of electric service; or, ii) currently, or historically have been, included in a single or bundled rate for electric service by a local distribution company to a class of retail customers. Unbundled charges for such components and items shall be subject to the tax of subsection (a) above. (e) As used in this section, the term "using electricity" shall not be construed to include the mere receiving of such electricity by an electric public utility or governmental agency at a point within the city for resale; or the use of such electricity in the production or distribution of water by a public utility or a governmental agency. (f) The tax on electricity provided by a non -utility service supplier not under the jurisdiction of this code shall be collected and remitted in the manner set forth in section 35-158 of this code. All other taxes on charges for electricity imposed in this section shall be collected from the service user by the electric service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code; or, at the option of the person required to collect and/or remit the tax, such person shall remit an estimated amount of tax measured by the tax billed in the previous month or upon the payment pattern of the service user on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-156.1. Reduction in rate. The electricity users tax imposed under section 35-156 shall be reduced from six (6) percent to five and one- half (5%) percent. ( Ord. No. NS-2860, § 7, 12-9-14 ) City PiNaPPAKil RFP No. 23-%-5 195 PaN@/196 Sec. 35-157. Gas user tax. (a) There is hereby imposed a tax upon every person in the City of Santa Ana, other than a gas corporation or electrical corporation, using gas in the city which is delivered through a pipeline distribution system. The tax imposed by this section shall be at a rate of six (6) percent of the charges made for such gas, including all services related to the storage, transportation and delivery of such gas, and shall be collected from the service user by the service supplier or non -utility service supplier, or its billing agent. (b) As used in this section, the term "charges" shall apply to all services, components and items for gas service that are: i) necessary or common to the receipt, use and enjoyment of gas service; or, ii) currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class of retail customers. The term "charges" shall include, but is not limited to, the following charges: (1) The commodity charges for purchased gas, or the cost of gas owned by the service user (including the actual costs attributed to drilling, production, lifting, storage, gathering, trunkline, pipeline, and other operating costs associated with the production and delivery of such gas), which is delivered through a gas pipeline distribution system; (2) Gas transportation charges (including interstate charges to the extent not included in commodity charges); (3) Storage charges; provided, however, that the service provider shall not be required to apply the tax to any charges for gas storage services when the service provider cannot, as a practical matter, determine the jurisdiction where such stored gas is ultimately used; but it shall be the obligation of the service user to self -collect the amount of tax not applied to any charge for gas storage by the service provider and to remit the tax to the appropriate jurisdiction; and (4) Capacity or demand charges, late charges, service establishment or reestablishment charges, transition charges, customer charges, minimum charges, annual and monthly charges, and any other charges which are necessary or common to the receipt, use and enjoyment of gas service, and (5) Charges, fees or surcharges for gas services or programs, which are mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. (c) As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the gas or services related to the delivery of such gas. If a non-taxable service and a taxable service are billed together under a single charge, the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles. (d) The tax administrator, from time to time, may survey the gas service suppliers to identify the various unbundled billing components of gas retail service that they commonly provide to residential and commercial/industrial customers in the city, and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such gas service. The tax administrator, thereafter, may issue and disseminate to such gas service suppliers an administrative ruling identifying those components and items which are: i) necessary or common to the receipt, use and enjoyment of gas service; or, ii) currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class of retail customers. Unbundled charges for such components and items shall be subject to the tax of subsection (a) above. (e) There shall be excluded from the base on which the tax imposed in this section is computed: (1) Charges made for gas which is to be resold and delivered through a pipeline distribution system; City PiNPPAIRgil RFP No. 23-%-5 196 PaN@/? 196 (2) Charges made for gas sold for use in the generation of electricity or for the production or distribution of water by a public utility or governmental agency; and (3) Charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities. (f) The tax that is calculated on charges for gas provided by self -production or by a non -utility service supplier not under the jurisdiction of this code shall be collected and remitted in the manner set forth in section 35- 158 of this code. All other taxes imposed in this section shall be collected from the service user by the gas service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) day of the following month in accordance with section 35- 163 of this code; or, at the option of the person required to collect or remit the tax, such person shall remit an estimated amount of tax measured by the tax billed in the previous month or upon the payment pattern of the service user on or before the twentieth (20th) day of the following month in accordance with section 35-163 of this code. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-157.1. Reduction in rate. The gas user tax imposed under section 35-157 shall be reduced from six (6) percent to five and one-half (5%) percent. ( Ord. No. NS-2860, § 8, 12-9-14 ) Sec. 35-158. Collection of tax from service users receiving direct purchase of gas or electricity. (a) Any service user subject to the tax imposed by section 35-156 or by section 35-157 of this Code, which produces gas or electricity for self -use, or which receives gas or electricity, including any related supplemental services, directly from a non -utility service supplier not under the jurisdiction of this ordinance, or which, for any other reason, is not having the full tax collected and remitted by its service supplier, a non - utility service supplier, or its billing agent on the use of gas or electricity, including any related supplemental services, in the city, shall report said fact to the tax administrator and shall remit the tax due directly to the tax administrator within thirty (30) days of such use. In lieu of paying said actual tax, the service user may, at its option, remit to the tax administrator within thirty (30) days of such use an estimated amount of tax measured by the tax billed in the previous month, or upon the payment pattern of similar customers of the service supplier using similar amounts of gas or electricity, provided that the service user shall submit an adjusted payment or request for credit, as appropriate, within sixty (60) days following each calendar quarter. The credit, if approved by the tax administrator, may be applied against any subsequent tax bill that becomes due. (b) The tax administrator may require said service user to identify its non -utility service supplier and provide, subject to audit, invoices, books of account, or other satisfactory evidence documenting the quantity of gas or electricity used, including any related supplemental services, and the cost or price thereof. If the service user is unable to provide such satisfactory evidence, or, if the administrative cost of calculating the tax in the opinion of the tax administrator is excessive, the tax administrator may determine the tax by applying the tax rate to the equivalent charges the service user would have incurred if the gas or electricity used, including any related supplemental services, had been provided by the service supplier that is the primary provider of gas or electricity within the city. Rate schedules for this purpose shall be available from the city. (Ord. No. NS-2436, § 2, 8-4-00) City PiNPPAIRgil RFP No. 23-%-5 197 PaN@/?W,§ 196 Sec. 35-159. Water user tax. (a) There is hereby imposed a tax upon every person in the City of Santa Ana using water in the city which is delivered through a pipeline distribution system. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such water and shall be collected from the service user by the service supplier, or its billing agent. (b) As used in this section, the term "charges" shall apply to all services, components and items that are: i) necessary or common to the receipt, use and enjoyment of water service; or, ii) currently, or historically have been, included in a single or bundled rate for water service by a local distribution company to a class of retail customers. The term "charges" shall include, but is not limited to, the following charges: (1) Water commodity charges (potable and non -potable); (2) Distribution or transmission charges; (3) Metering charges; (4) Customer charges, late charges, service establishment or reestablishment charges, franchise fees, franchise surcharges, annual and monthly charges, and other charges, fees and surcharges which are necessary for or common to the receipt, use and enjoyment of water service; and (5) Charges, fees, or surcharges for water services or programs, which are mandated by a water district or a state or federal agency, whether or not such charges, fees, or surcharges appear on a bundled or line item basis on the customer billing. (c) As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the water services. If a non-taxable service and a taxable service are billed together under a single charge, the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles. (d) There shall be excluded from the base on which the tax imposed in this section is computed charges made for water which is to be resold and delivered through a pipeline distribution system. (e) The tax on water service imposed by this section shall be collected from the service user by the service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the twentieth (20th) day of the following month in accordance with section 35- 163 of this Code. (f) Notwithstanding subsection (e), above, the city, when acting as the service supplier or billing agent, may remit the amount of tax collected to the tax administrator in accordance with any administrative rules established by the tax administrator. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-159.1. Reduction in rate. The water user tax imposed under section 35-159 shall be reduced from six (6) percent to five and one-half (5%) percent. ( Ord. No. NS-2860, § 9, 12-9-14 ) City PiNPPAIRgil RFP No. 23-%-5 198 PaN@/?X§ 196 Sec. 35-160. Decisions on amounts imposed. If any tax, penalty, or interest charge imposed by this code is for any reason held to be discriminatory or invalid in amount, by the decision of any court of competent jurisdiction, such decision shall not affect the validity of a lesser amount imposed by the tax administrator with the concurrence of the city attorney. The city council hereby declares that it would have imposed a valid utility users tax, penalty, or interest charge of the maximum nondiscriminatory amount permitted by law, up to but not exceeding, the amount provided under this code on the person or persons in question, irrespective of the fact that any one (1) or more of the taxes, penalties, or interest charges imposed herein may be declared discriminatory or invalid in amount. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-161. Duty to collect; procedures. The duty of service suppliers to collect and remit the taxes imposed by this code shall be performed as follows: (a) The tax shall be collected insofar as practicable at the same time as and along with the charges made in accordance with the regular billing practice of the service supplier. (b) In those cases where a service user has notified the service supplier of refusal to pay the tax imposed on said charges, section 35-167(b) of this code shall apply. (c) The duty to collect tax from a service user shall commence with the beginning of the first full regular billing period applicable to that person which starts on or after the operative date of this code. Where a person receives more than one (1) billing for different periods, the duty to collect shall arise separately for each billing period. (d) Whenever a service supplier negligently fails in its duty to determine and collect the required tax from a service user, any other amount collected by the service supplier from the service user shall then be subject to a constructive trust in the favor of the city for the full amount of the uncollected tax. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-162. Duty to remit —Procedures. (a) Each person required by this code to remit a tax shall file a return with the tax administrator on forms approved by the tax administrator on or before the due date in accordance with section 35-163 of this code. The full amount of the tax owed shall be included with the return and filed with the tax administrator. The tax administrator is authorized to require such additional information as he or she deems necessary to determine if the tax is being levied and collected in accordance with this code. Returns are due immediately upon cessation of business for any reason. Pursuant to state Revenue and Taxation Code Section 7284.6 as amended from time to time, the tax administrator, and his or her agents, shall maintain such filing returns as confidential information not subject to the Public Records Act. (b) If a service supplier uses a billing agent or billing aggregator to bill, collect, and/or remit the tax, the service supplier shall: i) provide to the tax administrator the name, address and telephone number of each billing agent and billing aggregator currently authorized by the service supplier to bill, collect, and/or remit the tax to the city; and, ii) upon request of the tax administrator, deliver, or effect the delivery of, any information or records in the possession of such billing agent or billing aggregator that, in the opinion of the tax administrator, is necessary to verify the proper application, calculation, collection and/or remittance of such tax to the city. City PiNPPAIRgil RFP No. 23-%-5 199 PaNWJQ�§ 196 (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-163. Timely filing and remittance. Returns and taxes may be filed and remitted by the following means: i) in person, ii) by United States Mail, iii) by express carrier, and iv) by electronic means. Returns filed and/or taxes remitted monthly, and actually received by the tax administrator on or before the due dates provided in this code shall be deemed to be timely filed and/or remitted; otherwise, the taxes are delinquent and subject to the penalties imposed pursuant to section 35-164. Provided, however, that when the last day upon which a return may be filed or a tax remitted falls on a Saturday, Sunday, or city, state, or national holiday, a timely filing and remittance may be made upon the first following working day. A direct deposit, including electronic fund transfers and other similar methods of electronically exchanging monies between financial accounts, made by a service supplier in satisfaction of its obligations under this code shall be considered timely if the transfer is initiated on or before the due dates provided in this code, and settles into the city's account on the following business day. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-164. Penalty and interest; delinquencies and deficiencies in collection and remittance. (a) Taxes collected but not remitted by due date —delinquencies in remittance. If taxes collected by a service supplier from a service user, or self collected by a service user subject to section 35-158 of this code are not remitted to the tax administrator on or before the due dates provided in this code, such taxes shall be delinquent. The tax administrator shall attach a penalty for such delinquencies in remittance at the rate of fifteen (15) percent of the total delinquent amount due. (b) Taxes not collected —delinquencies in collection. If a service supplier required to collect any tax hereunder fails to collect such tax, or, if a service user required to self -collect and remit the tax pursuant to section 35- 158 of this code, fails to self collect the tax, the tax administrator shall attach a penalty for such delinquencies in collection at the rate of fifteen (15) percent of the total tax amount that is determined to be due. (c) Taxes not fully collected —deficiencies in collection. If a service supplier required to collect and remit any tax hereunder fails to collect the full amount of the tax, or, if a service user subject to section 35-158 of this code fails to properly self -collect the full amount of the tax, the tax administrator shall attach a penalty for such deficiencies in collection at the rate of fifteen (15) percent of the total tax amount that is determined to be due. (d) Taxes not fully remitted —deficiencies in remittance. If a service supplier required to collect and remit any tax hereunder fails to remit the full amount of the tax collected, or, if a service user subject to section 35-158 of this code fails to properly remit the full amount of the tax self -collected, the tax administrator shall attach a penalty for such deficiencies in remittance at the rate of fifteen (15) percent of the total tax amount that is determined to be due. (e) Fraud or gross negligence —additional penalties. If the tax administrator determines that the nonpayment of any delinquency or deficiency due by any service supplier, or service user required to self -collect and remit the tax pursuant to section 35-158 of this code, is due to fraud or gross negligence, the tax administrator shall have the power to impose additional penalties upon such persons at the rate of fifteen (15) percent of the amount of the remittance due. (f) Penalties —maximum amount. The cumulative amount of all applicable penalties imposed under this code shall not exceed an amount equal to the amount of the tax originally owed. City PiNPPAIRgil RFP No. 23-%-5 200 PaN@/?*§ 196 (g) Interest —due from date of delinquency. Any person subject to any penalty imposed hereinabove in this section, shall also pay interest at the rate of three-quarters of one percent (%) per month, or any fraction thereof, on the amount subject to penalty, from the date on which the remittance of such amount first became delinquent or deficient until paid. (h) Penalties and interest. All penalties and all interest imposed under this code shall be subject to the same actions to collect and the same provisions for enforcement as the tax imposed by this code. (i) Penalties, interest, delinquencies and deficiencies owed. All penalties and interest imposed under this code together with all delinquencies and deficiencies owed shall be due and payable as of the date of notification which shall be given in the same manner as administrative assessments in accordance with section 35-167 of this code. Any person assessed any amount as delinquency, or deficiency, or penalty, or interest shall have the same right of appeal as provided in the case of administrative assessments in accordance with section 35-167 of this code and shall be governed by the same provisions as set forth therein. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-165. Actions to collect. Any tax, penalty, or interest required to be paid by a service user under the provisions of this code shall be deemed a debt owed by the service user to the city. Any such tax collected from a service user together with any penalties or interest due thereon which have not been remitted to the tax administrator shall be deemed a debt owed to the city by the service supplier required to collect and remit. The amount of any tax required to be collected from a service user by a service supplier which is held in constructive trust in the favor of the city shall be a debt owed by the service supplier to the city. Any person owing money to the city under the provisions of this code shall be liable to an action brought in the name of the city for the recovery of such amount plus related costs incurred by the city. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-166. Tax administrator, ex officio collector of utility users taxes; additional powers and duties of tax administrator, etc. (a) The tax administrator shall be ex officio utility users tax collector. (b) The tax administrator shall have the power and authority to enforce all of the provisions of this code. (c) The tax administrator may adopt administrative rules, regulations, and guidelines, or make administrative agreements consistent with the intent of the provisions of this code for the purpose of administering the provisions herein regarding the payment, collection and remittance of said taxes. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-167. Assessment; administrative remedy. The tax administrator may make an assessment for taxes not collected and/or not remitted or paid by any person required to collect and/or remit or pay. (a) Service supplier or service user failure to collect and/or remit tax. If any service supplier, or any service user subject to section 35-158 of this code, (hereinafter "service supplier" in this subsection) required to collect and/or remit the tax imposed by this code shall fail or refuse to collect said tax or to make, within the time provided in this code, any report and remittance of said tax or any portion City PiNaPPAKil RFP No. 23-%-5 201 PaNWP� 196 thereof required by this code, the tax administrator shall make a determination of the tax due (tax, interest and penalties hereinafter "amount assessed" in this subsection). The tax administrator shall give a written notice of the amount assessed by personal service or by depositing it in the United States mail, addressed to the service supplier at the service supplier's last known address. The service supplier may, within ten (10) days after the serving or mailing of such notice, make application in writing to the tax administrator for a hearing on the amount assessed in accordance with section 35-173 of this code. If application by the service supplier for a hearing is not made within the time prescribed, the amount assessed shall become final and immediately due and payable. (b) Service user —failure to pay tax. Whenever the tax administrator determines that a service user has deliberately withheld the amount of the tax owed by him or her from the amounts remitted to a service supplier required to collect the tax, or that a service user has failed to pay the amount of the tax to such service supplier for a period of two (2) or more billing periods, or whenever the tax administrator deems it in the best interest of the city, he or she may relieve such service supplier of the obligation to collect taxes due under this code from such service users for specified billing periods. The service supplier shall provide the city with the names, account numbers, billing and service addresses, and other required information of such non-paying service users together with the amounts owed under the provisions of this code and the specified billing periods for which they are owed. The tax administrator shall give written notice to the non-paying service user that he or she has assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by personal service or by deposit of the notice in the United States mail, addressed to the service user at the address to which billing was made by the person required to collect the tax; or, should the service user have changed his address, to his last known address. If a service user fails to remit the tax to the tax administrator within fifteen (15) days from the date of the service of the notice, which shall be the date of mailing if service is not accomplished in person, a penalty of twenty-five (25) percent of the amount of the tax set forth in the notice shall be imposed, but not less than five dollars ($5.00), along with interest at the rate of three-quarters of one percent (%) per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-168. Records. (a) It shall be the duty of every person required to collect and/or remit to the city any tax imposed by this code to keep and preserve, for a period of three (3) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and remittance to the tax administrator, which records the tax administrator shall have the right to inspect at all reasonable times. The city may issue an administrative subpoena to compel a person to deliver, to the tax administrator, copies of all records deemed necessary by the tax administrator to establish compliance with this code, including the delivery of records in a common electronic format on readily available media if such records are kept electronically by the person in the usual and ordinary course of business. The tax administrator is authorized to execute a non -disclosure agreement approved by the city attorney to protect the confidentiality of customer information pursuant to state Revenue and Taxation Code Sections 7284.6 and 7284.7, as amended from time to time. (b) The tax administrator may request from any person providing transportation or distribution services of gas or electricity to service users within the city, a list of the names, billing and service addresses, quantities of gas or electricity delivered, and other pertinent information, of its transportation customers within the city pursuant to section 6354(e) of the state Public Utilities Code, as amended from time to time. City PiNaPPAKil RFP No. 23-%-5 202 PaN@/?*§ 196 (c) If any person subject to record -keeping under this section unreasonably denies the tax administrator, or any designated agent of the tax administrator, access to such records, or fails to produce the information requested in an administrative subpoena within the time specified, the tax administrator may impose a penalty of five hundred dollars ($500.00) on such person for each day following the initial date that the person refuses to provide such access. This penalty shall be in addition to any other penalty imposed by this code. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-169. Refunds. (a) Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the tax administrator under this code, it may be refunded as provided in this section. No refund will be considered by the tax administrator for a period in excess of twelve (12) months prior to the date application is received. (b) The tax administrator may refund any tax that has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the tax administrator under this code, provided that no refund shall be paid under the provisions of this section unless the claimant or his or her guardian, conservator, executor or administrator has submitted a written claim to the tax administrator within twelve (12) months of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly establish claimant's right to the refund by written records showing entitlement thereto. Nothing herein shall permit the filing of a claim on behalf of a class or group of taxpayers. (c) The submission of a written claim, which is acted upon by the city, shall be a prerequisite to a suit thereon as provided in accordance with state Government Code Section 935, as amended from time to time. The city shall act upon the refund claim within the time period set forth in state Government Code Section 912.4, as amended from time to time. If the city fails or refuses to act on a refund claim within the time prescribed by state Government Section 912.4, the claim shall be deemed to have been rejected by the city on the last day of the period within which the city was required to act upon the claim as provided in state Government Code Section 912.4. (d) Notwithstanding subsection (b) above, a service supplier shall be entitled to take any overpayment as a credit against an underpayment whenever such overpayment has been received by the city within the three (3) years next preceding a notice of tax deficiency or assessment by the tax administrator, or during any year for which the service supplier, at the request of the tax administrator, has executed a waiver of the defense of the statute of limitations with regard to any claim the city may have for a utility users tax. Under no circumstances shall an overpayment taken as a credit against an underpayment pursuant to this subsection qualify a service supplier for a refund to which it would not otherwise be entitled under the 12-month written claim requirement of this section. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-170. Low income household exemption. (a) The utility users tax imposed by this code shall not apply to any service user who uses telephone, electric, gas or water services in or upon any premises occupied by such service user, provided the combined gross income of all members of the household in which such user resided was less than the low income household exemption level for the calendar year prior to the fiscal year (July 1 through June 30) for which the exemption provided in this section is applied for. The low income household exemption level shall be established by resolution of the city council. City PiNaPPAKil RFP No. 23-%-5 203 PaN@/196 The exemption granted by this section shall not eliminate the duty of the service supplier to collect taxes from such exempt individual or the duty of such exempt individual to pay such taxes to the service supplier, unless an exemption is applied for by the service user and granted in accordance with the provisions of subsection (b) hereof. (b) Any service user exempt from the taxes imposed by this code because of the provisions of subsection (a) above may file an application with the tax administrator for an exemption. Such application shall be made upon forms supplied by the tax administrator and shall recite facts under oath which qualify the applicant for an exemption. The tax administrator shall review all such applications and certify as exempt those applicants determined to qualify therefor notify all service suppliers affected that such exemption has been approved, stating the name of the applicant, the address to which such exempt service is being supplied, the account number, and such other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. Upon receipt of such notice, the service supplier shall not be required to continue to bill any further tax imposed by this code from such exempt service user until further notice by the tax administrator is given. The service supplier shall eliminate such exempt service user from its tax billing procedure upon receipt of such notice from the tax administrator, no later than sixty (60) days after receipt of such notice from the tax administrator. (c) All exemptions shall be renewed annually by the exempt service user during the renewal period of April 1 through April 30. The tax administrator shall notify all service suppliers by May 31 of exempt service users who did not renew during the annual renewal period. Each service supplier shall include the service users specified in such notice in its tax billing procedure no later than sixty (60) days after receipt of such notice from the tax administrator. Exemptions shall automatically terminate with any change in the service address or residence of the exempt individual; provided such individual may nevertheless apply for a new exemption with each change of address or residence. Any individual exempt from the tax shall notify the tax administrator within ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanor for any person to knowingly receive the benefits of the exemptions provided by this section when the basis for such exemption either does not exist or ceases. (d) Notwithstanding any of the provisions of this subsection, however, any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection, such service supplier shall immediately notify the tax administrator of such fact and the tax administrator shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with and, where appropriate, order the service supplier to commence collecting the tax from the nonexempt service user. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-171. Violation; misdemeanor; remedies —Cumulative. (a) Any person violating any of the provisions of this code shall be guilty of a misdemeanor and shall upon conviction be punishable thereafter as provided in section 1-8 of the Santa Ana Municipal Code. (b) The conviction and fine or imprisonment of any person for violation of this code shall not relieve such person from paying the utility users tax together with any penalty or interest amount due under the terms of this code, nor shall the payment of any utility users tax, or any penalty, or any interest amount due prevent a civil action or criminal prosecution for the violation of any of the provisions of this code. All remedies prescribed hereunder shall be cumulative and the use of one (1) or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. No. NS-2436, § 2, 8-4-00) City PiNaPPAKil RFP No. 23-%-5 204 Pa �� 196 Sec. 35-172. Reserved. Ord. No. NS-2860, § 10, adopted December 9, 2014, repealed § 35-172 in its entirety. Former § 35-172 pertained to maximum tax amount payable under the utility users tax, and was derived from Ord. No. NS-2436, § 2, adopted August 4, 2000. Sec. 35-173. Right to administrative hearing; appeals. (a) If any service user or service supplier (hereinafter "applicant" in this subsection) is aggrieved by any decision, administrative assessment, or administrative ruling of the tax administrator, or with the failure to grant a refund or exemption as provided for under this code, such applicant may appeal to the tax administrator in writing for an administrative hearing. If application by the applicant for an administrative hearing is not made within the time prescribed, the prior decision of the tax administrator shall become final. If such application is made, the tax administrator shall give at least five (5) days' written notice scheduling a date, time and place for a hearing. Such notice shall be given through personal service or by depositing it in the United States mail, addressed to the applicant's last known address. The applicant may appear before the tax administrator and/or the tax administrator's authorized administrative hearing officer (hereinafter "hearing officer" in this subsection) and offer evidence appealing the tax administrator's decision. After such hearing the "hearing officer" shall make a determination and give written notice to the applicant regarding his or her determination. The determination of the "hearing officer" shall become final and shall render any subsequent appeal null and void and shall further act as a waiver against future action, unless an appeal is taken pursuant to Chapter 3 of the Santa Ana Municipal Code. (b) A timely request for an administrative hearing and attendance is required in accordance with subsection (a) above shall be a prerequisite for an appeal made pursuant to Chapter 3 of the Santa Ana Municipal Code. The determination of an applicant's appeal made pursuant to Chapter 3 of the Santa Ana Municipal Code shall be final. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-174. Nonpayment of tax —Bar to writ of mandate or other legal or equitable process. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this city or against any officer of the city to prevent or enjoin the collection under this code of any tax or any amount of tax required to be collected and/or remitted. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-175. Saving clause. Neither the adoption of this code nor its superseding of any portion of any other code shall in any manner be construed to affect prosecution for violation of any chapter, article, code, or ordinance prior to the effective date hereof, nor be construed as a waiver of any tax or any penal provision applicable to any such violation, and all rights and obligations thereunto appertaining shall continue in full force and effect. (Ord. No. NS-2436, § 2, 8-4-00) City PiNPPAIRgil RFP No. 23-%-5 205 Pa'�§/196 Sec. 35-176. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this code or any part thereof is for any reason held to be unconstitutional, such decision, and the decision not to enforce such, shall not affect the validity of the remaining portion of this code or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-177. Notice of changes to utility users tax code. If a tax under this code is added, repealed, increased, reduced, or the tax base is changed, the tax administrator shall follow the notice requirements of state Public Utilities Code Section 799. Prior to the effective date of the code change, the service supplier shall provide the tax administrator with a copy of any written procedures describing the information that the service supplier needs to implement the code change. If the service provider fails to provide such written instructions, the tax administrator, or his or her agent, shall send, by first class mail, a copy of the code change to all collectors and remitters of the city's utility users taxes according to the latest payment records of the tax administrator. (Ord. No. NS-2436, § 2, 8-4-00) Sec. 35-178. Effect of state and federal reference/authorization. Unless specifically provided otherwise, any reference to a state or federal statute in this article shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a state or federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease (as a result of excluding all or a part of a utility service, or charge therefor, from taxation). Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the city's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in state or federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. ( Ord. No. NS-2860, § 11, 12-9-14 ) Sec. 35-179. No increase in tax percentage or change in methodology without voter approval; amendment or repeal. This article of the Santa Ana Municipal Code may be repealed or amended by the city council without a vote of the people. However, as required by Chapter XIIIC of the California Constitution, voter approval is required for any amendment provision that would increase the rate of any tax levied pursuant to this article. The people of the City of Santa Ana affirm that the following actions shall not constitute an increase of the rate of a tax: City PiNPPAIRgil RFP No. 23-%-5 206 PaN 196 (1) The restoration of the rate of the tax to a rate that is no higher than that set by this article, if the city council has acted to reduce the rate of the tax; (2) An administrative or legislative action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article; (3) The establishment a class of persons or class of service that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this article); or (4) The collection of the tax imposed by this article, even if the city had, for some period of time, failed to collect the tax. ( Ord. No. NS-2860, § 12, 12-9-14 ) Sec. 35-180. Remedies cumulative. All remedies and penalties prescribed by this article or which are available under any other provision of law or equity, including but not limited to the California False Claims Act (Government Code Section 12650 et seq.) and the California Unfair Practices Act (Business and Professions Code Section 17070 et seq.), are cumulative. The use of one (1) or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. ( Ord. No. NS-2860, § 13, 12-9-14 ) Sec. 35-181. Interaction with prior tax. (a) Collection of tax by service providers. Service providers shall begin to collect the tax imposed by this amended article as soon as feasible after the effective date of this article, but in no event later than permitted by Section 799 of the California Public Utilities Code. (b) Satisfaction of tax obligation by service users. Prior to April 1, 2015, any person who pays the tax levied pursuant to this article, as it existed prior to its amendment as provided herein, with respect to any charge for a service shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to this article as amended herein, with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the prior Utility Users' Tax Code to the amended Utility Users' Tax Ordinance (which transition period ends April 1, 2015) and to permit service providers or other persons with an obligation to remit the tax hereunder, during that transition period, to satisfy their collection obligations by collecting either tax. (c) Satisfaction of tax obligation by service users paying the prior maximum utility users tax. Prior to July 1, 2015, any person who pays the maximum tax amount payable under the utility users tax pursuant to this article, as it existed prior to its amendment as provided herein, shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to this article as amended herein for the period of July 1, 2014 through June 30, 2015. (d) In the event that a final court order should determine that the election enacting this article (as amended herein) is invalid for whatever reason, or that any tax imposed under this article (as amended herein) is invalid in whole or in part, then the taxes imposed under this article, as it existed prior to its amendment as provided herein, shall automatically continue to apply with respect to any service for which the tax levied pursuant to this article has been determined to be invalid. Such automatic continuation shall be effective beginning as of the first date of service (or billing date) for which the tax imposed by this article is not valid. City PiNaPPAKil RFP No. 23-%-5 207 PaN@/196 However, in the event of an invalidation, any tax (other than a tax that is ordered refunded by the court or is otherwise refunded by the city) paid by a person with respect to a service and calculated pursuant to this article (as amended herein) shall be deemed to satisfy the tax imposed under this article, as it existed prior to its amendment as provided herein, on that service, so long as the tax is paid with respect to a service provided no later than six (6) months subsequent to the date on which the final court order is published. ( Ord. No. NS-2860, § 14, 12-9-14 ) Sec. 35-182. Ratification of prior tax. The voters of the City of Santa Ana hereby ratify and approve the past collection of the utility users tax as imposed by Chapter 35, Article VI, of this Code as it existed prior to the effective date of this Ordinance. ( Ord. No. NS-2860, § 15, 12-9-14 ) Secs. 35-183-35-199. Reserved. City PiNaPPAKil RFP No. 23-%-5 208 Pa �� 196 (9) ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PitYaPPAVIgil RFP No. 23-%"5 209 PaN§/196 (9) ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contact Individual: Phone Number: . EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contact Individual: Phone Number: . EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PitYaPPAVIgil RFP No. 23-%5 210 PaN§/196 (9) ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PiNPPAP19il RFP No. 23-%i5 211 PaN@W2 196 (9) ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PiNPPAPIgil RFP No. 23-%-5 212 Pa'�§I 196 (9) ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PiNPPAP19il RFP No. 23-%-5 213 PaN@/196 (9) ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City PiNaPPAP19il RFP No. 23-%-5 214 Pa �/ 196 (9) or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PitYaPPAV19il RFP No. 23-%"5 215 PaN§/?PP,§ 196 (9) ATTACHMENT G PROPOSERS' QUESTIONNAIRE NOTE: The numbers in this table correspond with the numbers listed in the Scope of Services. A "YES" response indicates the proposed system addresses all the detailed elements and functionalities identified in the Scope of Services. A "NO" response indicates that the system does not address all the functionalities. Proposers may include QUALIFIED responses to items they marked "NO," but suspect may fulfill the needs of the City through other means within the proposed system. Space for QUALIFIED responses may be attached at the end of these tables. Proposers may attach additional pages on letterhead if more space is needed for this purpose. SOFTWAREe NO Al System possesses the ability to integrate with various City & Third -Party solutions, including but not limited to the City's incoming LMS (Clariti) and the City's Treasury Services payment modules (System Innovators iNovah application & City of Santa Ana's PAY application), and the City's current Enterprise Resource Planning (ERP) system, Infor Lawson. A2 Support for an automatic registration capability to convert qualified pre -licensing accounts to active business license tax accounts ready for receipt/business license certificate issuance or variance/penalty billing. Support for a competent in arrears original delinquency penalty abatement A3 calculation/billing capability and incorporate a flexible installment agreement function with tracking. Support for pre -licensing and license renewal "pop-up" calculators. A4 A5 System supports filing, reporting, and payment tracking modules for the City's tax programs for registration, renewal, payment, and collection needs. A6 System automates the application, renewal, and payment business process of City of Santa Ana tax and assessment accounts. A7 System can calculate standard or special taxes, fees, and assessments (in addition to penalties and interests) from City -defined formulas or rates with the ability for authorized City staff to override and amend the amounts charged. A8 The ability to associate a payoff order/sequence to fees, taxes, interests, penalties, and any other charges within the system. A9 System can record and associate accounts with invoice identifiers, receipts (including date and time of payment), and revenue account numbers for each tax and fee transaction. A10 System can categorize and group accounts by appropriate record elements, particularly by business type, and apply the appropriate estimated taxation based on the license type category and related tax assessment. All System allows for records to be searched, tracked, logged, and monitored based on different record elements, such as active/inactive status, age, location/GIS code, and business type. Al2 System allows for City staff to insert comments and notes on any account and place flags or warnings to accounts based on special comments/conditions, with timestamps and logs stored for each entry or transaction, including staff name plus ID number. A13 System generates consistent and accurate reports in standard or customizable formats on a scheduled or as -needed basis. A14 Proposer will migrate data from the City's current software(s) to the awarded software system. City PitYaPtPANil RFP No. 23-%5 216 PaN§/?4P,§ 196 (9) A15 Proposer will provide continuous updates or allow for the configuration of rules within the system to meet the City's changes in legislative requirements, technology needs, and operational demands, in addition to complying with Federal and State of California laws and regulations. A16 System supports Section 508 Accessibility Standards. A17 Proposer can apply the City of Santa Ana logo and other branding elements where SOFTWARESEC. B TECHNICAL SYSTEM / • NO B1 System can function in a web -based environment with support for multiple browsers including Microsoft Edge Chromium Edition and Google Chrome browsers on Windows versions 10 and 11. B2 Proposer will provide automatic file backups with daily continuity and disaster recovery. B3 System can provide or integrate with a GIS/GEO code address master to ensure applicants seeking licensure as in -city businesses have both a City of Santa Ana postal designation as well as function at a validated physical location within the City's formal boundaries. B4 System can integrate with the City's incoming LMS (Clariti) to properly link licenses with the City's real estate records. The proposed system must be able to automatically suppress issuance of a formal business license tax certificate when unapproved or pending requirements are noted in Clariti. System supports County of Orange tax lien and City of Santa Ana administrative citation B5 processes. B6 System handles Standard Industrial Classification (SIC) Code assignments / North American Industrial Classification System (NAICS) Code selections as part of the initial business licensing process. System ensures data integrity, accuracy, and completeness with standard or B7 configurable validation rules for data fields. System possesses the ability for bulk data entry that triggers workflow processes within B8 the system. B9 System possesses the ability to export account records in bulk with mail merge printing capabilities. B10 System possesses the ability to send mass to select email addresses on record. City PitYaPtPi Nil RFP No. 23-%-6 217 PaN§/?A?,§ 196 (9) B11 System can automatically generate and distribute invoices/billing statements and filing forms via email for business license renewals on a monthly, quarterly, semi-annual, annual, or as -needed basis based on the business type or other defined characteristics. B12 System possesses the ability to export financial records or contain a General Ledger interface that communicates with the City's existing or future financial systems and other City software systems. B13 System accepts payments by cash, check, credit, ACH/EFT with the ability to accept payments online including partial payments and mixed tender payments (combination of check, credit, and cash). B14 System permits staff to adjust payments (e.g. payment submitted to wrong account or fee and adjustments are needed) with record of transactional changes within the system. B15 System issues a paper receipt or an online receipt upon receiving a completed payment. B16 System tracks account deposits and credits that may be applied to future business license renewals. B17 System supports a City -controlled carry -forward function to carry unpaid balances forward into a future tax year. B18 System processes payment refunds, issue credits, and void payments transactions. B19 System imposes a fee for payments returned as a result of insufficient funds. B20 System automatically generates and places warnings and/or holds on noncompliant accounts as a result of delinquency, license expiration, returned payments (i.e., bounced checks), partial payments not approved, and other City -defined characteristics. B21 System supports the ability to place specific business type accounts in a nonrenewal "suspense" state if the license is not renewed within a twelve (12) month period. B22 System will remain in compliance with industry -standard payment security protocols and regulations, including Payment Card Industry Data Security Standards (PCI DDS). B23 System allows an authorized staff member to manually release an automatic "Hold" on an account to permit issuance of a business license tax certificate. B24 System contains or implements security measures to protect the confidentiality and integrity of information on record. B25 System supports a single sign -on from within the City of Santa Ana's internal network or support LDAP authentication via Active Directory. B26 For on -premises hosting, the proposed solution is compatible with Microsoft Windows Server (2022). B27 For on -premises hosting, the proposed solution is compatible with Microsoft SQL Server 2017 or 2019. B28 System integrates with Microsoft Exchange Server 2016 or later for system functionalities requiring City infrastructure to send and receive emails. B29 The proposer understands that the proposed system must provide updates for current and future versions of integrated City software at no additional cost, except cost incorporated in an annual base support and maintenance fee. City PitYaPtPi Nil RFP No. 23-%5 218 PaN§/?W-§ 196 (9) C1 The Public Portal / Citizen Access component(s) supports multiple browsers and their versions, and multiple operating systems in desktop or scalable mobile formats (i.e. tablet, smartphone, laptop, etc.). C2 System supports translations within the system itself or through integrated tools, such as Google Translate, with specialized expert (City defined) language translations as needed. C3 System enables members of the public to submit inquiries and complaints online, without requiring access credentials should submitters desire to remain anonymous. C4 System controls information visibility and limit public access to internal information with the City able to determine what is viewable by the public. SEC. D UNLICENSED BUSINESS D DEVELOPMENT • D1 System actively supports the conversion process of guiding leads towards business license registration which may include the upload of external data to be compared with City of Santa Ana data to identify unlicensed businesses within the City's boundaries. D2 System possesses the ability to search, filter, and categorize leads to view and process by source, business license type, campaign category, and other relevant attributes. D3 System possesses the ability to export bulk lead records with mail merge printing capabilities to allow for the creation and revision of licensing notices and other letters/memorandums/documents generated with predefined document templates, including archiving final notices based on campaign type and re uestor ID. E1 The proposer understands the City expects full implementation, release, and acceptance by mid- to late-2025. City PitYaPtPi Nil RFP No. 23-%"5 219 PaN§/?4V,§ 196 (9) E2 Proposer understands they must provide projected software customization, testing, data migration, implementation, parallel operation and final release and acceptance timelines. E3 Proposer understands they must provide unlimited phone and email support to the City of Santa Ana during the City's regular business hours. The City operates from 7:30 A.M. — 5:30 P.M. Monday through Thursday, and 8:00 A.M. — 5:00 P.M. every other Friday. E4 Proposer can provide emergency support after regular business hours that may be charged separately. E5 Proposers possesses the ability to provide remote desktop support. City staff will have the ability to view Support and Enhancement Requests (including E6 individual and City-wide request tickets) via reports and/or portal access. Proposer will provide a testing environment for implementation of the new system that E7 will remain available at all times during the term of the contract. Proposer understands they must own, lead, manage, and coordinate all aspects of the E8 project to migrate from the City's current taxation software to the awarded application. E9 Proposer understands they must own and manage the entirety of the historical data conversion from the current system to the awarded application. E10 Proposer understands they are responsible for the cleansing, extraction, translation, and upload of the City's data. E11 Proposer understands that City staff's responsibility will be limited to providing general feedback on the data conversion. E12 Proposer understands they must provide comprehensive software training that does not employ a train -the -trainer approach. F1 Proposed system can offer a module for the administration of the PREP, including a public interface, with the ability to perform primary and variance/penalty billing utilizing the same business rules as the Business License Taxation Software. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PitYaPtPi Nil RFP No. 23-%-6 220 PaN§/?W,§ 196 Finance and Management Services www.santa-ana.org/finance Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Ground Non -Emergency Medical Transportation Services AGENDA TITLE First Amendment to Agreement with Falck Mobile Health Corporation dba CARE Ambulance Service to Provide Expanded Ground Non -Emergency Medical Transportation Services for the Santa Ana Police Department and Provision of Ambulance Compliance Data to Orange County Emergency Medical Services RECOMMENDED ACTION Authorize the City Manager to execute an Amendment to the Agreement with Falck Mobile Health Corporation dba CARE to add on the contract's Scope of Work for Santa Ana Police Department ground non -emergency medical transportation services and monthly provision of Ambulance Compliance Data to Orange County Emergency Medical Services (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Police Department ("SAPD") is tasked with enforcing the City's laws and regulations that apply to all persons within the City's boundaries, including persons with physical and mental disabilities. Most frequently, SAPD officers are encountering individuals who may not need assistance with being transported to a jail or medical facility. However, on some occasions, officers may engage with individuals with disabilities that require transportation that is not fit for a typical police car and are best transported in specialized, medical vehicles. Currently, SAPD does not possess the specialized transportation equipment or vehicles required to safely and securely transport persons with certain physical or mental conditions. Furthermore, SAPD officers are not medically trained on the nuances of interacting with persons with certain medical conditions and improper interactions could pose a risk to the officer or members of the public. As such, staff reviewed various options to address this gap in service, adhere to federal law requirements (specifically Title II of the Americans with Disabilities Act (ADA)), and ensure that the safety of the community, as well as the officers, is not adversely impacted. City Council 10 — 1 5/6/2025 Amend Agreement with Falck Mobile Health Corporation May 6, 2025 Page 2 Staff found that other police departments purchased the necessary equipment and hired trained personnel; however, this came at a high cost for a service that is infrequently used for Santa Ana. Instead, staff identified a cost-effective measure, which is to utilize the existing relationship with Falck, the City's contracted ground emergency medical transport provider, to establish medical transportation services for detainees. The proposed contract amendment would not alter the emergency provisions of the agreement with Falck. The amendment would add an independent service specifically for SAPD on an as -needed basis in which Falck would use its own vehicles and personnel to safely transport persons to and from medical and jail facilities. The dedication of ambulances or other vehicles will not reduce the required number of ambulances needed on standby throughout the City nor will they impact response times. Lastly, the amendment will not impact the enforcement provisions of the existing agreement. Lastly, the Orange County Health Care Agency (OCHCA) is a regional health jurisdiction and accredited health department. A division of OCHCA is the Orange County Emergency Medical Services (OCEMS) office, which is tasked with protecting and promoting individual, family, and community health through regulation of emergency medical services including, but not limited to, ground transportation. OCEMS has the ability to verify ambulance call data and the City's contract with Falck includes performance standards for response time. As a means to improve the City's oversight of Falck's response time performance, the City also proposed to amend the agreement with a requirement for Falck to submit, on a monthly basis, ambulance response time compliance data to OCEMS for review and validation to ensure adherence by Falck to contracted ambulance response times. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Falck has agreed to provide transports with at least 24-hour notice at no additional charge; and has agreed to provide five free calls per year with less than 24-hour notice. For any additional calls with less than 24-hour notice, the City will be charged $60 per 15-minute increment. Considering the expected use of this service, staff does not anticipate incurring any charges; and therefore does not expect a fiscal impact to the Falck amendment for the additional SAPD non -emergency service. EXHIBIT(S) 1. First Amendment to Agreement with Falck Mobile Health Corporation Submitted By: Alexander Trinidad, Acting Executive Director of Finance and Management Services Agency Approved By: Alvaro Nunez, City Manager City Council 10 — 2 5/6/2025 1*:4:11-1hs FIRST AMENDMENT FOR FIRE / EMS EMERGENCY TRANSPORTATION SERVICES AGREEMENT THIS FIRST AMENDMENT TO FIRE / EMS EMERGENCY TRANSPORTATION SERVICES AGREEMENT ("First Amendment"), effective as of May 6, 2025 ("First Amendment Effective Date"), is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY OF SANT ANA"), and Falck Mobile Health Corp. ("CONTRACTOR"). CITY OF SANTA ANA and CONTRACTOR may be referred to herein separately as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into Agreement A-2,018-299 for Fire / EMS Emergency Transportation Services (the "Agreement") dated December 18, 2018 following a comprehensive Request for Proposal procurement process to provide primary ambulance transportation services and other related services in accordance with the terms of the RFP No. 18-059 and applicable federal, state, and local laws. B. The CONTRACTOR is an ambulance provider fully licensed and otherwise qualified to perform the work required in the Agreement. C. CARE Ambulance Service, Inc., the original contracting party as CONTRACTOR to this Agreement, was acquired by Falck USA, Inc. in December 2010 and maintained its company name. On August 20, 2020, the CONTRACTOR filed its official information with the State of California and became officially known as Falck Mobile Health Corp. The Parties seek to amend the Agreement to recognize the change to the CONTRACTOR's new corporate name. D. The City of Santa Ana Police Department ("Police Department"), following initial award of the Agreement, discovered a need to safely and securely transport detainees to and from the City jail with certain physical or mental disabilities or conditions, as its own officers and personnel are not medically -trained on nuances of interacting with and transporting persons with certain medical disabilities or conditions. E. The CITY OF SANT ANA, in order to reduce the risks posed to Police Department officers and personnel, and members of the public, seeks to amend the existing Agreement to provide non -emergency medical transportation services on an as -needed basis for the Police Department. F. The CITY OF SANT ANA also wishes to amend the existing Agreement to require CONTRACTOR to provide ambulance compliance data on a monthly basis to Orange County Health Care Agency - Emergency Medical Services ("OCEMS") by entering the requested computer aided dispatch ("CAD") ambulance response data for OCEMS to review. City Council 10 — 3 5/6/2025 G. In undertaking the performance under the Agreement and this First Amendment, CONTRACTOR represents that it is knowledgeable in its field and that any services performed by CONTRACTOR under this First Amendment will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: I. The name of the CONTRACTOR is changed to Falck Mobile Health Corp. 2. Section 2., Scope of Work, is hereby amended to add subsections 2.H. and 2.I. to the Agreement, which read as follows: H. CONTRACTOR shall perform supplemental as -needed non -emergency transport services for the Santa Ana Police Department to transport persons in police custody, to and from the City jail ("Non -Emergency Transport Services"). The CITY OF SANTA ANA, to the best of its ability, will provide at least 24 hours advance notice to schedule transportation, subject to the availability of the CONTRACTOR's resources. The Parties agree that these transports will not count towards any other response time requirement of CONTRACTOR under the Agreement. The Parties also agree that these Non -Emergency Transport Services will not interfere with 9-1-1 Emergency Transportation Services. I_ CONTRACTOR shall enter requested computer aided dispatch (CAD) ambulance response data for monthly submittal to Orange County Health Care Agency - Emergency Medical Services (OCEMS) through a designated CAD data workbook. 3. Section 3, Contract Price and Payment, is hereby amended to add subsection 3.A.4. to the Agreement, which reads as follows 4. Non -Emergency Transport Services. With regard to Non -Emergency Transport Services, CONTRACTOR agrees that the CITY OF SANTA ANA will not be charged for calls made with at least 24-hours of advance notice prior to transportation. CONTRACTOR further agrees the CITY OF SANT ANA is entitled to five (5) no -charge calls per calendar year for Non - Emergency Transport Services provided with less than 24-hours of advance notice. The CITY OF SANT ANA agrees to pay, and CONTRACTOR agrees to accept as total payment for its services, a rate of $60 per 15-minute increment, rounded up, for the sixth and subsequent calls for Non - Emergency Transport Services, with less than 24-hours advance notice, within the calendar year of this amended Agreement. The Non -Emergency Transport Services are subject to the Contract Price Table and monetary limits of Fiscal Year Total and Not to Exceed Monthly Price. The Non - Emergency Transport Services are for transportation only. 4. Section 7., Insurance, is hereby amended to read as follows Prior to beginning the provision of 9-1-1 Emergency Transportation Services and Non - Emergency Transport Services under this Agreement, CONTRACTOR must provide to the City Council 10 — 4 5/6/2025 satisfaction of the CITY OF SANTA ANA and OCFA, certificates of insurance and endorsements evidencing the policy or policies of insurance in the types and amounts set forth below and shall name CITY OF SANTA ANA and OCFA as certificate holders. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect and shall require any subcontractors to obtain and maintain the following minimum scope of insurance coverage for the entire Term of this Agreement against claims of negligence leading to injuries, including death, to persons or damage to property which may arise from or in connection with services, products and materials supplied to CITY OF SANTA ANA and OCFA. Total cost of such insurance shall be borne by CONTRACTOR. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $10,000,000 per occurrence and $10,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Commercial Automobile Liability (AL): with limits no less than $3,000,000 combined single limits, with an aggregate no less than $6,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. CONTRACTOR's Commercial Automobile Liability insurance policy shall include coverage for vehicles, provided by CITY OF SANTA ANA and/or OCFA, for use by CONTRACTOR under First Tier Service and Mutual Aid Service. 3. Workers' Compensation (W/C): with statutory limits as required by the State of California, and Employer's Liability Insurance with limits no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. 4. Emergency Service Business Insurance (EMS)/Professional Liability (PL) Insurance: with limits no less than $3,000,000 per occurrence or claim, and $6,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. If CONTRACTOR maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, CITY OF SANTA ANA/OCFA requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY OF SANTA ANA/OCFA. Required Policy Endorsements The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. "CITY OF SANTA ANA, its City Council, its officers, officials, employees, agents, volunteers, and OCFA" are to be covered as additional insureds, under CONTRACTOR's CGL and AL, insurance policies, with respect to any liability arising out of work or City Council 10 — 5 5/6/2025 operations performed by or on behalf of CONTRACTOR under this Agreement, including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CONTRACTOR's Insurance company(ies) agrees to waive all rights of subrogation/recovery against CITY OF SANTA ANA, its City Council, its officers, officials, employees, agents, volunteers, and OCFA for losses paid under the CGL, AL, EMS/PL, and W/C insurance policies, related to work performed by CONTRACTOR under the terms of this Agreement. 3. For any claims related to this Agreement, CONTRACTOR's Commercial General Liability (CGL) and Automobile Liability (AL) insurance coverage shall be primary, and any insurance maintained by CITY OF SANTA ANA and OCFA shall be non- contributory. CONTRACTOR shall not be required to indemnify the CITY OF SANTA ANA or OCFA for claims arising out of their own negligence or willful misconduct. 4. A severability of interests provision shall apply for all additional insureds, ensuring that CONTRACTOR's Commercial General Liability (CGL) and Automobile Liability (AL) insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. The inclusion of additional insured(s) shall not increase or alter the CONTRACTOR's liability or obligations under this Agreement, nor shall it extend the scope of coverage beyond the limits of the CONTRACTOR's policies. CONTRACTOR's insurance shall not provide coverage for any claims arising from the negligence or willful misconduct of any additional insured. The CONTRACTOR's insurance coverage shall remain primary, and any insurance maintained by the additional insured(s) shall be non-contributory. 5. CGL, AL, EMS/PL insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to CITY OF SANTA ANA and OCFA. Ten (10) days prior written notice shall be provided to CITY OF SANTA ANA and OCFA for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: "CITY OF SANTA ANA and OCFA". Certificate of Insurance should be addressed to City of Santa Ana, Attention: Executive Director, Finance and Management Services Agency, 20 Civic Center Plaza, M-17, Santa Ana, CA 92701. Other Insurance Provisions 1. The above required insurance shall be in a form which supports coverage for the provisions of the indemnification clause required under this Agreement, including a claim brought against the CITY OF SANTA ANA and/or OCFA for injury to, or death of an employee or agent of CONTRACTOR. 2. In the event of a claim or claims against the above -referenced liability policies which reasonably may deplete one-half or more of the aggregate limits, CONTRACTOR shall immediately notify CITY OF SANTA ANA and OCFA. In the event a claim or claims against the above -referenced liability policies, which are reasonably expected to deplete 90% of the aggregate limits, CONTRACTOR shall, at CONTRACTOR'S expense, City Council 10 — 6 5/6/2025 reinstate the aggregate limits at least to an amount equal to one-half of the face amount of the aggregate limits on the policies. 3. No insurance required herein shall provide for a deductible in excess of $5,000 or a self - insured retention in any amount, without prior written consent of the CITY OF SANTA ANA and OCFA; and, the granting or denying of such consent shall be at the sole and absolute discretion of the CITY OF SANTA ANA and OCFA. 4. CONTRACTOR is required to file evidence of required insurance with endorsements with CITY OF SANTA ANA and OCFA on or before the Effective Date of this Agreement, and to thereafter maintain current endorsements on file with CITY OF SANTA ANA and OCFA. The completed endorsements and evidence of insurance are subject to the approval of CITY OF SANTA ANA and OCFA. 5. Nothing in this section shall be construed as limiting in any way the Indemnification and Hold Harmless clause contained herein in this Agreement, or the extent to which CONTRACTOR may be held responsible for payments of damages to persons or property. 6. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to CITY OF SANTA ANA. 7. CITY OF SANTA ANA or OCFA shall have the right at any time to review the coverage, form, and limits of insurance required herein. If, in the sole and absolute discretion of the CITY OF SANTA ANA and/or OCFA, the insurance provisions in this Agreement do not provide adequate protection for the CITY OF SANTA ANA and/or OCFA, the CITY OF SANTA ANA and/or OCFA shall have the right to require CONTRACTORs to obtain insurance sufficient in coverage, form, and limits to provide adequate protection and CONTRACTOR shall promptly comply with such requirement. The CITY OF SANTA ANA's and OCFA's requirements shall not be unreasonable, but shall be adequate in the sole opinion of the CITY OF SANTA ANA and OCFA to protect against the kind and nature of risks which exists at the time a change of insurance is required, or thereafter. 8. Alternate forms of insurance, that meet the above requirements, must be approved by the CITY OF SANTA ANA's and OCFA's Risk Managers prior to awarding a contract and beginning any work under this Agreement. 5. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. {Signatures on following page} City Council 10 — 7 5/6/2025 IN WITNESS WHEREOF, the Parties hereto have, by and through their duly authorized representatives, executed this First Amendment to the date and year first written above. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: Alexander Trinidad(Apr ,2 516:11 POT) Alexander Trinidad, CPA Acting Executive Director & City Treasurer Finance and Management Services Agency CITY OF SANTA ANA: Alvaro Nunez City Manager FALCK MOBILE HEALTH CORP.: Scott White Scott Whit, (Apr 15, 20251 1 PDT) Scott White Regional Managing Director City Council 10 — 8 5/6/2025 Falck 1st Amendment_SAPD - CAO signed 4-14-25 (revised) (2039417.2) (003) Final Audit Report Created: 2025-04-15 By: bob campbell (bob.campbell@falck.com) Status: Signed Transaction ID: CBJCHBCAABAAAp_YzpD7g-FHQ—MZHjOgzktCeSXELOkE 2025-04-15 "Falck 1 st Amendment _SAPD - CAO signed 4-14-25 (revised)(2 039417.2) (003)" History Document created by bob campbell (bob.campbell@falck.com) 2025-04-15 - 7:09:40 PM GMT Document emailed to Scott White (scott.white@falck.com) for signature 2025-04-15 - 7:09:44 PM GMT Email viewed by Scott White (scott.white@falck.com) 2025-04-15 - 7:11:06 PM GMT Document e-signed by Scott White (scott.white@falck.com) Signature Date: 2025-04-15 - 7:11:43 PM GMT - Time Source: server Agreement completed. 2025-04-15 - 7:11:43 PM GMT Q Adolk m i y ounce . 10 — 9 5/6/2025 Falck 1 st Amendment_SAPD - CAO signed 4-14-25 (revised) (2039417.2) (003) Final Audit Report 2025-04-15 Created: 2025-04-15 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAATds2e6iigrSPHnMZB219et95HHLgTEgU "Falck 1 st Amendment _SAPD - CAO signed 4-14-25 (revised) (2 039417.2) (003)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2025-04-15 - 11:01:02 PM GMT ° ' Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature Email viewed by Alexander Trinidad (atrinidad@santa-ana.org) 2025-04-15 - 11:09:26 PM GMT Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org) Signature Date: 2025-04-15 - 11:11:00 PM GMT - Time Source: server d Agreement completed. 2025-04-15 - 11:11:00 PM GMT Q Ado i y ounce • 10 — 10 5/6/2025 Human Resources Department www.santa-ana.org/HR Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association AGENDA TITLE First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association RECOMMENDED ACTION Authorize the City Manager to execute a First Amendment to the Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Management Association (PMA) for the period of January 1, 2022 through June 30, 2025, modifying and delineating specific articles of the MOU (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City Council approved a Memorandum of Understanding (MOU) between the City of Santa Ana and the Santa Ana Police Management Association (PMA) on November 15, 2022. Article 6.0 of the MOU outlines parameters for an educational incentive program allowing employees to receive additional compensations for education and training above what is required for their classification. The City and PMA want to have and maintain a well -trained and educated command staff. The proposed changes would clarify the various levels of incentive payment and the requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with these actions. FISCAL IMPACT For PMA, there is no immediate fiscal impact associated with this action. In the future, some sworn PMA members may qualify for an additional 5% of education incentive pay. Based on language in the EMT Resolution, this amendment will allow the Chief of Police to immediately obtain an additional 5% of education incentive pay, equivalent to $13,947. EXHIBIT 1. First Amendment to the Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association City Council 11 — 1 5/6/2025 Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association and Resolution for the Santa Ana Police Management Association May 6, 2025 Page 2 Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nunez, City Manager City Council 11 — 2 5/6/2025 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ANA a,m SANTA ANA POLICE MANAGEMENT ASSOCIATION REPRESENTATION UNIT FOR THE TERM JANUARY 1, 2022 THROUGH JUNE 30, 2025 This First Amendment to the Memorandum of Understanding ("MOU") is entered into on May 6, 2025, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California ("City") and the Santa Ana Police Management Association ("SAPMA") a recognized employee bargaining unit (collectively "Parties"). RF.C1TATN% WHEREAS, on November 15, 2022, the Parties have entered into an MOU with a term of January 1, 2022 through June 30, 2025; and WHEREAS, the Parties wish to modify Article 6.0 of their MOU as set forth below. THE PARTIES THEREFORE AGREE as follows (additions are underlined and deletions are stricken): Article 6.0; Section 6.2(A), amend the language as follows: SWORN ONLY Sworn employees may oftly-qualify for one (!)the following Eeducation (incentives: heyel a! o time and notipAefi e to be , nde w4h one ath _ 1. L-ay-L44Supervisory POST Certificate — A sworn employee who successfully obtains their Supervisory POST certificate, shall be paid at a rate set approximately five percent (5%) above their then current base monthly salary step). 2. Lev14California Command College or FBI National Academy — A sworn employee who successfiilly el -tams their- guPefyisef!y POST AND.cj pletes the California Command College, OR FBI National Academy, orequivalent coursework that focuses on developing leadership skills or increasing knowledge of contemporary law enforcement issues of a management/executive nature and is approved by the Chief of City Council 11 — 3 5/6/2025 Police shall be paid approximately tee five percent (105%) above their then current base monthly salary step(e a-p— 109%). L Master's Degree — A sworn employee who attains their MAIMS Degree AND s per- isefy POST shall be paid at -approximately tenfive percent (4A5%) above their then current base monthly salary step {cap--100%). 4 Level-4 A sworn empleyea who a4tains—their- MA, MS DegreeAND Supen,isefy POST Command College OR FBI National Aeademy shall be paid at {eap-451%}The education incentives in this section shall not exceed fifteen percent 15% . 2. Except as set forth in this First Amendment, the terms and conditions of the MOU remain in place. IN WITNESS WHEREOF, the parties have executed this First Amendment to the MOU, on the date and year written above. CITY OF SANTA ANA Alvaro Nunez City Manager ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By- daul'o. ,' u Laura A. Rossini Chief Assistant City Attorney Date Date A City Council 11 — 4 5/6/2025 RECOMMENDED FOR APPROVAL: 41�,JA4a�- LoWSchnaider Executive Director of Human Resources SANTA ANA POLICE MANAGEMENT ASSOCIATION Malh6w So&Ws7o!-,SMPMA President 41- aq-a Date yy2zals" Date City Council 11 — 5 5/6/2025 Human Resources Department www.santa-ana.org/hr Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: City Clerk Performance Evaluation and Compensation Adjustment AGENDA TITLE Third Amendment to City Clerk Employment Agreement RECOMMENDED ACTION Approve a third amendment to the City Clerk Employment Agreement reflecting the positive City Clerk performance evaluation conducted on April 15, 2025 and approving an increase to the City Clerk in the amount of deferred compensation provided by the City (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City Clerk's employment agreement with Jennifer L. Hall was first approved on February 7, 2023. The City Charter provides that the City Council shall conduct performance evaluations of its appointees on an annual basis. In addition, the City Clerk's employment agreement provides for an annual performance evaluation and the opportunity for compensation adjustments based on positive evaluations. The City Council conducted a performance evaluation of the City Clerk on April 16, 2024. The City Clerk received a positive performance evaluation and the City Council allowed the City Clerk to return to the Council on October 15, 2024, for a mid -year performance evaluation. Subsequently, the City Council conducted a performance evaluation of the City Clerk on October 15, 2024 and provided her with a positive performance evaluation, increase in compensation and an increase to the amount of deferred compensation provided by the City to an amount equal to the maximum contribution allowed by law (including the normal contribution only). On April 15, 2025, the City Council provided the City Clerk with a positive performance evaluation for her annual review and directed staff to prepare an amendment to add the catch-up contribution to her deferred compensation provided by the City. There is no additional salary increase at this time. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. City Council 12 — 1 5/6/2025 City Clerk Performance Evaluation and Compensation Adjustment May 6, 2025 Page 2 FISCAL IMPACT Approval of these actions will result in an annual total contribution of approximately $1,875 in Fiscal Year 2024-25. There are sufficient funds in the City Clerk's Office budget (account 01107031-61XXX) to cover the increased costs in the current fiscal year. The estimated total General Fund fiscal impact for FY2025-26 is $7,500, with funding to be included in the proposed budget for City Council consideration. EXHIBIT(S) 1. Third Amendment to the City Clerk Agreement Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nunez, City Manager City Council 12 — 2 5/6/2025 THIRD AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT THIS THIRD AMENDMENT to the City Clerk Employment Agreement is entered into on May 6, 2025 by and between Jennifer Hall, an individual ("Employee") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Employee are also referred to collectively as "The Parties." RECITALS A. City and Employee entered into Agreement No. A-2023-014 dated February 7, 2023, by which Employee agreed to appointment as City Clerk for City ("Agreement"); and B. On May 7, 2024, after a positive performance evaluation, the City Council approved a First Amendment to the Agreement to adjust Employee's salary; and C. On November 19, 2024, after a positive performance evaluation, the City Council approved a Second Amendment to the Agreement to adjust Employee' salary and to increase the amount of deferred compensation provided by the City; and D. City Charter Section 705 and the Agreement provide for an annual performance evaluation for Employee; and E. On April 15, 2025, Employee received a positive performance evaluation; and F. The City Council now desires to add the amount of the catch-up contribution to Employee's deferred compensation provided by the City. The Parties therefore agree: Section 3.3.4 Deferred Compensation (457 Plan), is amended effective April 15, 2025, to read as follows: 3.3.4 Deferred Compensation (457 Plan) City agrees to provide Employee an annual deferred compensation pursuant to section 457 of the Internal Revenue Code in an amount equal to the maximum contribution allowed by law, including the normal contribution and the catch-up contribution for individuals aged 50 or over. Payments shall be divided and deposited on the Employee's behalf for each pay period. 2. Except as modified by this Third Amendment, all terms and conditions of the Agreement as previously amended shall remain in full force and effect. Page 1 of 2 City Council 12 — 3 5/6/2025 IN WTTNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST Abigail Alcala Assistant City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney Laura A. Rossini Chief Assistant City Attorney CITY OF SANTA ANA Valerie Amezcua Mayor EMPLOYEE Mennifer al [Signature Page -Third Amendment to City Clerk Employment Agreement] Page 2 of 2 City Council 12 — 4 5/6/2025 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Security Services for City Special Events AGENDA TITLE Agreement with Contemporary Services Corporation for Security Services for City Special Events (Specification No. 24-138) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Contemporary Services Corporation to provide security services for City special events in an amount not to exceed $500,000, for a three-year term beginning May 6, 2025 and expiring May 5, 2028, with provisions for two, one-year extensions (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Safety is a top priority at City events, and with rising attendance, contracting security services to support the Santa Ana Police Department (SAPD) helps ensure public safety and minimize potential incidents. To address this need, Request for Proposals (RFP) No. 24-138 was issued on December 3, 2024, through the City's online bid management and publication system. A summary of vendor participation and results is as follows: 224 Vendors notified 9 Santa Ana vendors notified 52 Vendors downloaded the RFP packet 18 Responsive proposals received 1 Proposal received from Santa Ana vendor Proposals were solicited, opened on January 7, 2025, and evaluated. Eighteen proposals were submitted by the RFP deadline, were determined to be responsive to the specifications, and met the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Staff recommends awarding an agreement to the highest-ranking firm, Contemporary Services Corporation (Exhibit 1). Contemporary Services Corporation has a large City Council 13 — 1 5/6/2025 Security Services for City Special Events May 6, 2025 Page 2 number of employees and extensive experience with complex events, similar to our events, allowing the security services to be more organized and focused on prioritizing public safety during large events. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The table below reflects estimates of amounts to expend by fiscal year; actual amounts may vary from year to year, but will not exceed the agreement total of $500,000 for the term of the agreement including extensions. Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 24-25 01113017- General PRCSA-Service $25,000 62300 Fund Enhancement -Contractual Services Professional FY 25-26 01113230- General PRCSA-Recreation and $100,000 62300 Fund Community Services - Contractual Services Professional FY 26-27 01113230- General PRCSA-Recreation and $100,000 62300 Fund Community Services - Contractual Services Professional FY 27-28 01113230- General PRCSA-Recreation and $100,000 62300 Fund Community Services - Contractual Services Professional FY 28-29 01113230- General PRCSA-Recreation and $100,000 62300 Fund Community Services - Contractual Services Professional FY 29-30 01113230- General PRCSA-Recreation and $75,000 62300 Fund Community Services - Contractual Services Professional Total $500,000 City Council 13 — 2 5/6/2025 Security Services for City Special Events May 6, 2025 Page 3 EXHIBIT(S) 1. Agreement with Contemporary Services Corporation Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nunez, City Manager City Council 13 — 3 5/6/2025 CONTRACTOR AGREEMENT WITH CONTEMPORARY SERVICES CORPORATION TO PROVIDE SPECIAL EVENT SECURITY SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 6th day of May, 2025 by and between Contemporary Services Corporation, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 3, 2024, City issued Request for Proposal ("RFP") No. 24-138, by which it sought to retain a Contractor having special skill and knowledge in the field of special event security services for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-138. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Services - Exhibit A, attached hereto and incorporated herein, and as further described in Contractor's Proposal - Exhibit B, attached hereto and incorporated herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Contractor `s Fee Proposal — Exhibit C, attached hereto and incorporated herein. The total compensation for services provided under the Agreement, including any extension periods, shall not exceed $500,000.00. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made Page 1 of 10 City Council 13 — 4 5/6/2025 through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 6, 2025 and end on May 5, 2028, with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), unless Page 2 of 10 City Council 13 — 5 5/6/2025 disclosure of such records is protected by the attorney -client privilege, attorney work product doctrine, and/or the Uniform Trade Secret Act or California Uniform Trade Secret Act. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. • Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an Page 3 of 10 City Council 13 — 6 5/6/2025 endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The City and Contractor hereby agree and acknowledge that this waiver of subrogation provision and any endorsement reflecting a waiver of subrogation issued by any of Contractor's insurers shall not apply or be enforceable against Contractor or any of Contractor's insurers if the incident or accident necessitating payments by Contractor or Contractor's insurers was caused by the sole negligence of the City and/or its employees, agents, contractors, or service providers. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work Page 4 of 10 City Council 13 — 7 5/6/2025 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the sole negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement. Contractor shall not indemnify, defend or hold harmless the City from and against any liability, cost or expense arising out of the negligence or willful misconduct of the City or the independent acts of third parties not affiliated with Contractor. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including reasonable fees regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 5 of 10 City Council 13 — 8 5/6/2025 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement, unless disclosure of such records is protected by the attorney -client privilege, attorney work product doctrine, and/or the Uniform Trade Secret Act or California Uniform Trade Secret Act. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all Page 6 of 10 City Council 13 — 9 5/6/2025 applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 10 City Council 13 — 10 5/6/2025 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6956 With courtesy copies to: Executive Director Parks, Recreation, and Community Services City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Contractor: Contemporary Services Corporation Mark Glaser Executive Vice President, Operations Page 8 of 10 City Council 13 —11 5/6/2025 17101 Superior St. Northridge, CA 91325 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Page 9 of 10 City Council 13 — 12 5/6/2025 SIGNATURE PAGE TO CONTRACTOR AGREEMENT WITH CONTEMPORARY SERVICES CORPORATION TO PROVIDE SPECIAL EVENT SECURITY SERVICES TO THE CITY OF SANTA ANA IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: athan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL pa? e CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR: 7e� By: Mark Glaser -Corp Title: Hawk Scott Timothy Pagano Executive Director Deputy Director Parks, Recreation, and Community Services Agency Page 10 of 10 City Council 13 — 13 5/6/2025 EXHIBIT A SCOPE OF SERVICES City Council 13 — 14 5/6/2025 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below. A. Contractor General Requirements 1. Provide Security Services for City Special Events, including but not limited to Tet, Santa Ana Fun Run, Egg-Cellent Adventure, 4th of July, Chicano Heritage Festival, Fiestas Patrias, Movies in the Park, Concerts in the Park, etc. 2. Contracted security services will include a specific number of guards, post locations, and security hours per event, which will be determined by Santa Ana Police Department and City Special Event staff. 3. Contracted security services will be required to submit a quote for approval from Special Events Staff before the event. 4. Contractor must be able to provide Security Guards for as -needed assignments within 24 hours of notification from City Representative. 5. The contractor should be prepared to provide on -call security guards as needed by the City or reduce service levels as determined at the City's sole discretion. 6. Orientation time is billable for no more than thirty (30) minutes. When multiple guards are required, only the security guard supervisor will be paid for the orientation time. 7. Keep an updated and approved Security Guard list, which must include, but not limited to: a) Full Name: First, Middle, Last b) Photo: Current, face c) Address: Residence d) Phone Numbers: Contact e) Security Guard Registration: current f) CA driver's licenses: current g) Experience: at least 12 months prior work experience as a registered security guard 8. Do not place any guards at any posts unless that guard is on the approved security guard list. 9. The City shall have the right to require the removal and replacement of the Contractor's staff assigned to this contract. The City is not required to provide any reason, rationale or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. 10.At City's sole discretion, City may allow a security guard, who is removed from post assignment, to be reassigned only after said security guard has been fully retrained or received additional training at Contractor's sole expense and to City's satisfaction. city oQlytrAw ncl l RFP No. 24-1 31E� — 15 5/6Q4215 of 33 (9) CITY OF SANTA ANA B. Contractor Staff Responsibilities & Requirements Contractor's staff general responsibilities and requirements include, but are not limited to the following: 1. Maintain direct communication with stakeholders such as City staff and Santa Ana Police Department. 2. Have the ability to share contact information such as a work -cell phone or radio. 3. Provide a positive and enforcement presence to deter negative activity and to promote safety at City Events. 4. Monitor, observe, and report illegal activities, suspicious activities, and provide assistance to Santa Ana Police Department, residents, and City staff. 5. Visually inspect and observe outdoor designated checkpoints at regular intervals to maintain adequate security coverage at City Events. 6. Contact Santa Ana Police Department when necessary upon observance of suspicious behavior or criminal activity. 7. Submit daily activity reports within six hours of prior security shift, noting any security incidents, suspicious activities, or calls to Santa Ana Police Department. 8. Security guard services include, but are not limited to: patrolling areas by foot, bicycle or street -legal cart; monitoring and responding to security issues, and performing the post orders and pass down duties. 9. Supervisor Requirements At minimum, Supervisor responsibilities and requirements include the following: a) Must have training and supervisory experience commensurate with the requirements as specified herein. b) Ensure that all posts have an approved security guard at all times and for the duration required. c) Ensure that the Contractor provides an approved security guard for any late, absent or dismissed security guards. d) Act as the liaison between City and Contractor regarding all issues pertaining to security guard and performance. e) Act as the liaison between City and contracted guards in regards to check -in, duties, breaks, rotating staff, etc. f) Supervisor must be available whenever guard shifts are being performed, including holidays, by telephone to respond to any issues that may arise as specified herein and respond to any such inquiries in a timely manner while implementing appropriate resolution actions. 10. Security Guard Requirements At minimum, Security Guards responsibilities and requirements include the following: a) English & Spanish language skills required. b) Must abide by all requirements as specified herein and by all applicable legal requirements. c) Must abide by all applicable California Bureau of Security and Investigative Services requirements. city oQlytrAw ncl l RFP No. 24-1 31E� — 16 5/6QA25 of 33 (9) CITY OF SANTA ANA d) Must wear the appropriate uniform at all times while performing duties as specified herein. e) Shall report to work on time and work the entire duration of assigned shift, as scheduled. f) Shall perform all of the Post Orders and Pass Downs as applicable. g) Shall perform duties in a professional manner at all times, including appropriate behavior and attitude, well -maintained appearance including, but not limited to: i. Covering up inappropriate tattoos ii. No jewelry except wedding ring and/or watch may be worn. h) Exhibit competent command of the English language and efficiency in communicating with the public. C. Uniforms Contractor must furnish and replace uniforms and identifying apparel items as needed at its own cost to staff assigned to this contract as follows: 1. Clean and well -maintained matching soft uniforms for each event security guard including but not limited to: a) Jacket; b) Shirt; c) Pants; d) Shoes; e) Raingear (as -needed basis for inclement weather); f) Personal Protective Equipment (disposable face mask, hand sanitizer, etc.) 2. Appropriate identification badges, patches, or screen prints easily visible to City Staff and all visiting patrons. 3. Sufficient quantity of each item above to allow each security guard to have an appropriate number of change outs: shirts and pants on a per shift basis; shoes on an as -needed basis. 4. Ensure that all uniforms are clean and well pressed and always look professional. Uniforms with tears and excessive wear and/or color fading shall not be acceptable and must be replaced by Contractor. 5. Security guards are not to substitute any of the above uniform articles. 6. Any security guard who reports to their assigned post and does not have the appropriate uniform must be immediately (within 1 hour) replaced with a guard that has the appropriate uniform. D. Equipment Contractor must furnish and replace required equipment as needed at its own cost to staff assigned to this contract as follows: 1. Cell phones or radios to facilitate on -site communication between guards, supervisor, City staff and Santa Ana Police. 2. Transportation car, golf cart, and/or electric vehicle (optional): Transportation vehicle will be used predominantly for security guards to patrol the area more efficiently and may be used to transport goods and/or people for urgent or sensitive matters at City Events. City oQjJytSAoAlncll RFP No. 24-13� — 17 5/6QA215 of 33 (9) CITY OF SANTA ANA E. Reports 1. Submit activity reports from the prior security shift within six hours, in the method required, and on the forms required by the City. 2. All reports must include any pertinent information or backup documentation with your reports, including date, time, persons (if applicable) involved, location, etc. 3. General: Report immediately, verbally and in writing as soon as practically possible taking safety into consideration; especially concerning issues that may require immediate action to avoid potential escalation. If possible, take photos of the observation or interaction and attach to email, text, and written reports. 4. Safety, Injury, or Damage: any impending, occurring, or potential hazards, incidents, or accidents that have harmed, are harming, or could likely harm persons, animals, plants, property, environment, or the like. 5. Public Nuisances: any observations of any public nuisances. 6. Work Performance Delays: anything that is or could potentially delay or prevent work from being performed within the designated times and locations. 7. Follow up Activities: all action items from the above section, which may have been verbally reported, but a written report was not possible at the time; and all action items as required by City Representative. F. Legal & Best Practice Requirements 1. Contractor must be self -informed, abide by, and comply with all, current and applicable, local, county, state, federal and other legal requirements and best practices at all times. 2. Shall not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices. 3. Shall be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations. 4. Contractor must provide all labor, supervision, materials, tools, supplies, equipment and the like required to perform services as specified herein at its own expense. 5. Contractor must perform and comply with all work per these specifications, according to all applicable and acceptable industry standards, of the highest quality commensurate with the required service. 6. Contractor must comply with and be fully responsible at all times for being up-to-date regarding all applicable legal requirements in accordance with the attached specifications. G. Rates Contractor to submit hourly rates, overtime rates, holiday rates for guards and supervisors. city oQlytrAw ncl l RFP No. 24-1 31E� — 18 5/6Q61215 of 33 EXHIBIT B CONTRACTOR'S PROPOSAL City Council 13 — 19 5/6/2025 njSERVICFs�� 0 0 z EST. CSC 19G7 / 4 L . w Tani Submitted to: Submitted by - Monique Leon Mark Glaser Parks, Recreation & Community Services Supervisor Executive Vice President, Operations City of Santa Ana - Parks, Recreation and Community Contemporary Services Corporation Services 17101 Superior St. 20 Civic Center Plaza Northridge, CA 91325 Santa Ana, CA 92701 mglaser@csc-usa.com Cover Letter 5 CONTEMPORARY SERVICES CORPORATION CSC THE LEADER IN CROWD MANAGEMENT'S Dear Monique Leon, Parks and Recreation & Community Services Supervisor: u January 7, 2025 I am pleased to present this proposal from Contemporary Services Corporation ("CSC") to the City of Santa Ana. CSC is a California incorporated company with branch offices throughout the United States and has extensive operations in California. Established in 1967, CSC's experience and expertise are unparalleled. Its long-term and esteemed clientele base is a testament to CSC's strong history of reliability, honesty, and performance. No matter how large or small of an event or venue, CSC is committed to your success, as well as to providing a safe and enjoyable experience for all event patrons. CSC's national and local structure has allowed for an experienced and dedicated team thatwill meetyour requirements and continuously strive to exceed your expectations. Our ambassadors understand the importance of patron safety combined with the delivery of exceptional guest services. CSC's national training program continues to exceed industry standards. All managers and key personnel hold certifications for National Incident Management System (NIMS), Incident Command System (ICS) and Module 1 of Trained Crowd Manager (TCM). CSC has over 60,000 active and trained team members nationally, and currently provides crowd management services for over 200 stadiums, arenas, and theaters, 110 universities and scholastic institutions, and 50 convention centers including: Anaheim Convention Center (Anaheim, CA) The Observatory (Santa Ana, CA) Renegade Racing (Orange County, CA) Boots in the Park (Fresno, CA) Capistrano Unified School District (Orange The Kia Forum (Inglewood, CA) County, CA) In addition, CSC services 7 NFL teams, 6 NHL teams, 5 MLB clubs, 4 MLS clubs, and 4 NBA teams. CSC has extensive experience performing screening services utilizing metal detection devices. Nationally, CSC annually screens over 60 million guests and employees at major venues and events including NFL, NBA, MLB, NHL, several MLS and NCAA clients, golf tournaments, festivals, and many other entertainment events. These services extended to numerous Super Bowls, which have been designated as a National Special Security Event (NSSE). This is an event of national or international significance deemed by the Department of Homeland Security to be a potential target for terrorism and therefore requires an enhanced degree of scrutiny on security procedures. Included in this proposal is an overview of our Qualifications, Experience, References, Management Team, Training, Cost Proposal and other information demonstrating why CSC is the best qualified partner for the City of Santa Ana. If you have any questions concerning this proposal, please don't hesitate to contact me. We look forward to a successful partnership with you and your team. �SER,ES Sincerely, o - CSC Mark Glaser Executive Vice President, Operations 17101 Superior Street 303.808.5987 Contemporary Services Corporation Northridge, CA 91325 mglaser@c/sjc-usa.com CltyTh((;9eYna4ln 9gains and consists of confidential and proprietary informbeghling to Contemporary Services Corp/a§JW025 and is not to be reproduced, copied, or used without its express written permission. 9. $�ERVICFS O CSC EEST. 1967 CV, 1,AVLOYEE •�F 00flTE(ITS A Cover Letter 1 B Services Provided 5 C Agreement Statement 7 D Firm and Team Experience 10 E Proposed Work Plan 18 F References 21 G Cost Proposal 23 Appendix 24 A Proposer's Certification & Proposal Item Pricing Al B References A2 C Proposer's Statement A3 D Non -Collusion Affidavit A4 E Non -Lobbying Certification A6 F Non -Discrimination Certification A7 CltYTh(;9eY 9gains and consists of confidential and proprietary informa4ln bel?ging to Contemporary Services Corp§la§IW025 r 2 and is not to be reproduced, copied, or used without its express written permission. C- �,� $ERVIC fS C 4� O'Pn 2� O� O C :J ZOVJLvg iJL JL — CSC i 7 %\ - OF URtIFI RTI IIS CItYTh(;9dl9i Mains and consists of confidential and proprietary informa4ln bel ing to Contemporary Services Corp§la§IW025 r and is not to be reproduced, copied, or used without its express written permission. C- CSC Culture in Service Our mission is to enthusiastically provide guests with a friendly, service -focused approach that will safely maximize their enjoyment of the event. Our vision is to create and maintain the most highly respected, professional, service - focused staff in the industry. Our purpose is to provide PROFESSIONAL service that enhances the event experience for all guests who patronize our clients' facilities. CltYTh(;9, 9i S.' ins and consists of confidential and proprietary informal be?ftjing to Contemporary Services Corp 1ag6W025 r 4 and is not to be reproduced, copied, or used without its express written permission. C-. B Services Provided 10 A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I - Scope of Services. P P - 0 H > 'c o CSC has more than 50 years of experience in the security, guest services, and crowd management industry. This experience allows CSC to provide highly trained and skilled personnel for any requirements as listed in Exhibit I - Scope of Services. In addition when needed, CSC Orange County can receive support, both staff and logistical resources, from other CSC branches including San Bernardino, Los Angeles, and San Diego. Since CSC training is standardized throughout the company, outside staff integrate seamlessly with staff from the local office. As shown below, the City of Santa Ana can be assured that your events will be filled with well - trained, highly knowledge staff that are familiar with your policies and procedures as well as your management team. Staffing & Workforce - Building the Team Solid plans and effective management are im- portant, but it is the Event Services workforce that reflects the capabilities, culture and level of commitment of the entire organization. It is for this reason that CSC places such a strong em- phasis on the recruitment, administration, train- ing and support of this large group of personnel. Recruitment & Selection Focuses on managing and coordinating the pro- cesses to identify, attract, select, and assign labor to the various positions in the Security Services operation. • Recruitment - Being a large user of paid hourly staff, CSC's involvement would be- gin at the planning stages to ensure prop- er coordination and development of la- bor sources, applicant data management, screening processes, placement proce- dure, candidate communication and re- tention. • Staff Selection - Strategy and process to select staff from the identified pool. This process may be a mix of individual inter- views, group interviews, data analysis or recommendations from a third party (e.g., seconded positions) Staff Demand Analysis • Working closely with management, this function involves determining the optimal size of the Event Services workforce across all areas of the event. • Staff Estimation - Combining predeter- mined scope, staffing standards (Staff to Supervision ratios of 10 to 1 - relevant to area of responsibility) and base venue as- sumptions to review current staff demand and budget estimates Peak Headcount Dot Plans- Using staffing standards and site analysis review to de- termine the peak number of staff required in each venue. These plans will be tailored to each phase of the operation and type of shift. Shift Strategies and Staff Pooling - Using venue schedules and dot plans to create blank schedules, taking into consideration the optimal way to structure shifts, super- vise groups and redeploy personnel across all Event Services duties. This process will refine the staff estimations and maximize the utilization of the workforce. Staff Scheduling This process involves the merging of the staff de- mand and staff supply efforts. • Schedule Building -Utilizes the staff demand that has been previously deter- mined • Workforce Availability- Confirming the availability of the workforce for specific shifts • Rostering -Assigns staff to shifts, creat- ing individual work rosters. This process is reliant on a computer -based scheduling system provided by CSC/ProtaTECH. 5 CltyTh(;9dl9itAainsand consists ofconfidential and proprietary informa"tlnbel�ingtoContemporary Services Corp211aH6�025 and is not to be reproduced, copied, or used without its express written permission. • Roster Change Management -The ongo- ing management of changes to the initial rosters. It is not uncommon to average one change per individual. The following describes CSC's approach to orga- nizing and delivering Event Services. Operations Management drives the detailed planning and delivery of Event Services across the entire event project, with a particular emphasis on efficacy and consistency. These are key processes and outputs of this effort: Operations Management Meetings • Regular meetings with other departments and management, in accordance with operating structures. Event Timelines & Schedules Coordination • Coordination of Phases of Operations • Coordination of Daily Run Sheet preparation & Integrated Daily Run Sheet • Coordination of Venue Timeline (Day by Day Schedule) Planning Analysis • Review of Venue Plans for Event Services & related departments • Review of other departmental plans connected to the Event Services role • Review of policies and procedures. Special attention on site access and spectator restricted actions. Operational Documentation • Event Operations Plans and Operational Worksheets • Policies & Procedures • Event -time Reporting & Briefing Documentation • Post -Event Evaluation Reports Other Projects related to Event Services Operations • Contingency Planning • Coordination of Security Services duties related to Venue Emergency Response Plans • Event Services Communication involvement & reporting CSCemploysa numberofstrategies and processes to ensure effective operations and achieve high levels of service to customers and stakeholders, including: Daily Staff Briefings • Staff are briefed at every shift on the most up-to-date venue information, relating to a variety of issues including weather, transport, crowd numbers and changes to post instructions. Post Prioritization • Post Prioritization plans, which were devel- oped during the planning phase, are imple- mented to ensure staff is suitably allocated to cover the venue needs on any particular shift. Redeployment and Post Rotation • Staff retention is critical: rotation and re- deployment are built into the plan to keep staff interested in their role. Field Support Operations The Field Support Team handles a myriad of needs and helps keep staff motivated. Their tasks include: • Distribution of documents, maps and reports for staff • Distribution of equipment and supplies to team members • Paid staff sign in and sign out • Deployment of personnel into operational teams and positions on site Event Debriefing • Event debriefing sessions are conducted to maintain regular feedback loops and con- stantly improve operations during event - time. CltyTh�lf ifel9i Mains and consists of confidential and proprietary informa4ln bei�gjing to Contemporary Services Corp§la§IW025 r 6 and is not to be reproduced, copied, or used without its express written permission. C- C Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previ- ously submitted with any and all provisions as contained in EXHIBIT II - Sample Agreement of this RFP (if any). RESPONSE: CSC's proposed exceptions to the Sample Agreement are listed below and on the following pages. The following serves as Contemporary Services Corporation's (CSC) Exceptions to the City of Santa Ana Request for Proposal for Security Services for City Special Events (RFP#24-138). Deletions to the text of the Solicitation are noted with a strikethrough. Additions to the text of the Solicitation are noted by italicized and underlined text. Explanations for revisions or clarifications are noted in italicized text. Text not referred to or included herein is deemed acceptable and unmodified. RFP Page 13 of 33 R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. Notwithstanding this provision, however, City acknowledges and agrees that materials, reports, and other documentation of any kind generated with the ordinary course and scope of CSC's business operations (including but not limited to event fide documentation, incident reports, personnel files, etc.), and communications and documents are subject to attorney -client privilege and attorney work product privileges and are not subject to disclosure. The Ciu further acknowledges that documents classified as trade secrets (including but not limited to training materials and operational procedures under the Uniform Trade Secret Act and California Uniform Trade Secret Act are excluded from disclosure under this provision. CSC respectfully requests that the language above be added to this provision, to ensure that documentation prepared in the ordinary course and scope of its business operations remain its business records. This practice would be consistent with the maintenance of CSC s independent contractor relationship with City. Further CSC reserves to the right to exclude protected as trade secrets under the Uniform Trade Secrets Act and the California Uniform Trade Secret Acts (Cal. Civil Code § 3426- 3426.11) as these documents were developed through the years of investment by CSC to create and maintain policies and procedures that are the industry standard and for which other companies would need years of time and dedicated financial resources to duplicate. EXHIBIT II SAMPLE AGREEMENT RFP Page 21 of 33 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted ''��annon-exclusive and perpetual license for any Documents & Data the subcontractor prepares /prepares under this 5 CltYThQ9el9i Mains and consists of confidential and proprietary informa l be979ing to Contemporary Services Corp§la§IW025 r and is not to be reproduced, copied, or used without its express written permission. C- Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Notwithstanding this provision, however, City acknowledges and agrees that materials, reports, and other documentation of any kind generated with the ordinary course and scope of CSC's business operations (including but not limited to event fide documentation, incident reports, personnel files, etc.), and communications and documents are subject to attorney -client privilege and attorney work product privileges and are not subject to disclosure. The QU further acknowledges that documents classified as trade secrets (including but not limited to training materials and operational procedures under the Uniform Trade Secret Act and California Uniform Trade Secret Act are excluded from disclosure under this provision. See explanation directly above. & INSURANCE Additional Insured Status The City, its officers, officials, and employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations and subject and limited to the indemnification obligations of the Agreement. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials and employees, . Any insurance or self-insurance maintained by the City, its officers, officials or employees, or volunteem shall be excess of the Contractor's insurance and shall not contribute with it. CSC respectfully requests the foregoing changes. CSC insurer requires that any agreement to list other parties as additional insured on CSC's policies must be subject to the indemnification provisions of that agreement. Further, CSC does not additional insure volunteers. ,; ;livi; ; ::. - -;; 11 - ..:: ;; ; CSC is not able to waive subrogation as to its worker's compensation policy under the terms of its current policy coverages. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. CSC insurance policies are structured with self -insured retentions and deductibles: workers comp- deductible $500, 000; general liability- SIR $250, 000; professional- SIR $250K. CltYThQ9el9i Mains and consists of confidential and proprietary informa l be4ing to Contemporary Services Corp§la§IW025 r and is not to be reproduced, copied, or used without its express written permission. C- RFP Page 22 of 33 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the sole negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; , damages, just eompensation, restitution, judieial or equitable relief is due by reason of the terms of or effeets arising from this Agreement. Consultant shall not indemnify, defend or hold harmless the City from and against any liability, cost or expense arising out of the negligence or willful misconduct of the City or the independent acts of third parties not affiliated with Consultant. , Agreement.judieial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Seetion or by reason of the terms of, or effeets, arising from this The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including reasonable fees and eosts for speeial eounsel to be seleeted by the Cam, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. CSC respectfully requests the foregoing changes. CSC believes that indemnification should be tied to a level of culpable conduct for which CSC should, in fairness, be held responsible. CSC should not be responsible for the sole negligence or willful misconduct on the part of third parties that are not associated with CSC. RFP Page 23 of 33 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.. Notwithstanding this provision, however, City acknowledges and agrees that materials, reports, and other documentation of any kind ,generated with the ordinary course and scope of CSC's business operations (including but not limited to event fide documentation, incident reports, personnel files, etc.), and communications and documents are subiect to attorney -client privilege and attorney work product privileges and are not subiect to disclosure. City further acknowledges that documents classified as trade secrets (including but not limited to training materials and operational procedures) under the Uniform Trade Secret Act excluded from disclosure under this provision. CSC respectfully requests that the language above be added to this provision, to ensure that documentation prepared in the ordinary course and scope of its business operations remain its business records. This practice would be consistent with the maintenance of CSC independent contractor relationship with City. Further; CSC reserves to the right to exclude protected as trade secrets under the Uniform Trade Secrets Act as these documents were developed through the years of investment by CSC to create and maintain policies and procedures that are the industry standard and for which other companies would need years of time and dedicated financial resources to duplicate. CItYThQ9el9i Mains and consists of confidential and proprietary informa l bel6hYjing to Contemporary Services Corp§la§bW025 r and is not to be reproduced, copied, or used without its express written permission. C- D Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: L A general description of the firm, including size and number of employees working di- rectly with the City on this agreement. V I-=- Fr,, I-=- o Contemporary Services Corpora- tion (CSC) is recognized worldwide as the pio- neer and expert in the crowd management field. CSC developed the concept of peer group secu- rity techniques, and through over five decades of continual refinement and evolution, CSC has successfully remained the leader in the crowd management and event security industry. CSC has a history of delivering exceptional ser- vices for events and venues from as small as one guest to multi -day events hosting hundreds of thousands. This broad experience has enabled CSC to build a knowledgeable group of profes- sionals with expertise in every crowd manage- ment application. In addition, CSC's internation- al network of managers and experts allows for an interactive flow of knowledge and resources to each client. Experience CSC has delivered services for every type of entertainment and sporting event, including 34 Super Bowls, 9 World Series, 4 MLB All -Star Games, 10 NCAA Men's Final Four, 5 annual College Bowl Games, 4 NHL Finals, 8 NBA Finals, 10 Olympic Games, 5 Presidential Inaugurations, 4 Papal Visits, and 2 FIFA World Cups. Other relevant experience includes: • Formula 1 Grand Prix • PGA Championship • New York City Marathon • Coachella Valley Music and Arts Festival CSC also handles and manages some of the largest concert tours in the nation including U2, Tim McGraw, Rihanna, The Rolling Stones, Jay-Z and Beyonce, Guns N' Roses, and Taylor Swift. CSC's team of experienced managers effectively recruit, vet, hire, and train ambassadors who will represent both you and your venue and event in a professional manner. Its management team, corporate infrastructure, support, training, and quality supervision are what set CSC apart from other crowd manage - ment companies. CSC has found that investing its revenue and resources back into clients' pro- grams assures long-term success over short-term profits. Success is based on the continual focus of quality and innovation within the following four key areas: knowledgeable and experienced management, high quality workforce, world - class training, and cutting -edge technology. CSC's investment in systems, tools, and person- nel come together in a service designed to meet the needs of each client. Employee Owned Company In January 2019, CSC became an ESOP (Em- ployee Stock Ownership Plan). Being part of an ESOP company can provide unique rewards for employees. Participants in the plan can receive significant retirement benefits at no monetary cost to them. Research also shows ESOP compa- nies are more productive, faster growing, more profitable, and have lower turnover. In addition, an ESOP is a great way to enhance the compa- ny's ability to recruit and retain their workforce. Workforce Continual and forecasted recruitment, training, & execution of crowd management services for venues and events is the core competency of CSC. To accomplish this, we have aggressive- ly honed our recruiting. We have made heavy investment in technology to improve our online Hiring Portal, creating a true paperless environ- ment and streamlining the onboarding process. With its existing team of outstanding event man- agers, as well as targeted workforce recruitment and selection, CSC continually has access to the most qualified event staff available. These out- standing team members will ultimately be re- sponsible for contributing to the safety of your venue as well ensuring that every guest has an enjoyable event experience. Training CSC's event knowledge and expertise is dissem- inated to its staff through world -class training solutions. To ensure that team members are 'O CltyTh(;9dl9i AQainsandconsistsofconfidentialandproprietaryinforma"tlnbe�QingtoContemporaryServicesCorp211a�6�025 and is not to be reproduced, copied, or used without its express written permission. �. prepared for any situation, all trainings are con- tinually refined and focused to meet both client and guest expectations. All CSC staff members undergo an extensive orientation and receive ongoing training throughout the course of em- ployment. Guest services programs are also con- tinually updated in response to industry needs, and CSC has received high grades from secret shoppers, NBA Audits, and NFL "best practices" personnel at facilities across the country. Addi- tionally, CSC has improved its practices through the development of training materials for multi- ple Olympic Games. Occupational Health & Safety CSC maintains a full time operation to guide employees in identifying and correcting work- place issues before they cause an illness or inju- ry. Its goal is to be proactive in nature to ensure workplace safety, and reduce hazards. Routine training and Best Practices provides CSC with the tools needed to maintain a safe working en- vironment and an efficient response if an illness or injury occurs in the workplace. I A IL '. Qualifications As events become more high profile and com- plex, it is imperative to partner with a crowd management and event security firm who will not only meet your particular requirements, but who will also be a strategic partner to help man- age and reduce your risks. CSC received "Des- ignation" and "Certification" under the U.S. De- partment of Homeland Security's SAFETY Act (Support Anti -terrorism by Fostering Effective Technologies Act). More information on CSC's SAFETY Act and what it means to the City of Santa Ana can be found under the SAFETY Act section. Local Operation CSC's Orange County branch has a robust staff- ing base, consisting of 8 full-time employees and over 650 part-time employees who can assist with the City of Santa Ana agreement. CltyTh(;9eY 9gains and consists of confidential and proprietary informa l bAljing to Contemporary Services Corp§a§IW025 r �� and is not to be reproduced, copied, or used without its express written permission. C- SA F ETY Act As events become increasingly more high -pro- file, deterrence and defense against potential acts of terrorism require well -trained and man- aged personnel to implement complex security procedures. More than ever, today's events rely on the abilities of security service providers to deliver an excellent customer experience while managing and mitigating risks to the public. CSC understands this and has taken steps to protect its clients from litigation and liability arising from such acts. On July 18, 2013, the U.S.,4 Department of Homeland Security (DHS) awarded PT DFISIGNATED CSC the "Designation" level of SAFETY Act coverage for ' Event Security Services, of- ficially approving CSC's core competencies as Qualified Anti -Terrorism Technology (QATT). This coverage provides legal liability protections to venue ownership where CSC provides its Event Security Services. Core competencies include physical screening, access control, and crowd management. On April 20, 2017, after continued enhance- ments to its processes, DHS awarded CSC the "Certification" level for Event Security Services. As described on the DHS SAFETY Act web site, the Services are a "suite of safety and security services designed, in part, to deter, detect, dis- rupt, respond to, and mitigate Acts of Terrorism. The services are deployed at. arenas, stadiums, performing arts venues, convention centers, race tracks, etc., and outdoor festivals, concerts, and golf tournaments. The Technology is a set of core activities invariable across all deployments, and a set of enhanced, customer -driv- en activities not necessarily suitable at all venues or event types." With the Certification, CSC was placed on the official SAFETY Act Approved Technol- ogies List. CSC received these recognitions by DHS after a very thorough evaluation of our policies, training procedures, and operations. DHS made several site visits to venues where CSC provides security services and was complimentary of the profes- sionalism and effectiveness of our workforce. CSC representatives spent countless hours on the phone, in meetings and face-to-face with DHS officials demonstrating to them that CSC is not a "traditional" guard service. CSC is proud to be the first crowd management company to have received SAFETY Act Designation and Certifica- tion for Event Security Services. What this means for the CSC client Under this coveted award, when a Technology is Designated as a QATT, the Seller of the QATT (i.e., CSC) is granted limited liability for third -party claims arising out of the deployment of the QATT with respect to an "Act of Terrorism" (as defined in the SAFETY Act and the implementing regu- lations). "Through our 54 year history, we have always remained progressive and contemporary with societal changes and event needs. Working with DHS, we identified training methods and operational plans that could be modified to better meet the overall safety objectives. We believe that giving our clients this peace of mind sets us far apart from any of our competitors. Not only that, our ESOP employees/owners can also rest assured since this mitigates chances of catastrophic loss and protects the company's future in the event of worst -case scenarios. And in our business, we are especially aware of the need to be prepared for anything- and this shows exactly that." Damon Zumwalt CSC Founder and CEO L_ i �Elllll CItyTh(;9e7ittAains and consists of confidential and proprietary informa l be! �Aing to Contemporary Services Corp§la§IW025 r 2 and is not to be reproduced, copied, or used without its express written permission. C- The most important thing for our clients and po- tential clients to know is that according to DHS's published Regulations (see language below), CSC becomes the sole entity that can be sued for third -party injuries associated with the services it provides, effectively shielding our clients from lia- bility. In other words, if an Act of Terrorism occurs at a locale where CSC is deployed, any third -party lawsuits alleging shortcomings of CSC's covered services can only be brought against CSC, thus immunizing the client from lawsuits that they might otherwise face in the absence of CSC's SAFETY Act Designation/Certification. 6 CFR Part 25 (§ 25.7 Litigation Management (d), Page 33166, excerpt): [emphasis added] [Note, CSC is defined as the "Seller"] (d) There shall exist only one cause of action for loss of property, personal injury, or death for performance or non- performance of the Seller's Qualified Anti - Terrorism Technology in relation to an Act of Terrorism. Such cause of action may r be brought only against the Seller of the Qualified Anti -Terrorism Technology and may not be brought against the buyers, the buyers' contractors, or downstream users of the Technology, the Seller's suppliers or contractors, or any other person or entity. Additionally, having CSC as your event security services provider can significant- �. � ; ly ease the burden on a J'Ue o venue's own SAFETY Act x application. Rather than p having to provide lengthy�narratives and provide ef- �N fectiveness data about in- ternal or an unknown third-party's security poli- cies and procedures, the venue can describe its oversight and quality assurance of CSC and refer- ence CSC's Certified services. Cif` reate Of COnfOMM4 7fis wiffcertrfy tkat. On tha date, tfcVnaedStasraOqartareat af3fonrefandSeuerrtygraotadta C= emporary Ser v us CoTwr 6ort crtdEt,mt Strt aj.Araeeca, Ina Conrrrupora7Servrres Corporigrw , a CaGjorara Corporatrotr, andEsrntSetcices�merrra lar.,aTfondaCufpnrattan, a Cinylxtwn farits Ewm t Security Services Y-art Y��IAIa�[I®E,}LLtil1�IYA�Pf i�rG SY�p(L�A!}IL�P-0lfllYY��F�KY1[Y 'ie:bnofagur114it of 1002 rde SR MINArtJ 12121 f2023 $psaeaev mar CltyTh(;9eY 9gains and consists of confidential and proprietary informa l be! fiAing to Contemporary Services Corp§la§IW025 r 13 and is not to be reproduced, copied, or used without its express written permission. C- ii. Firm's nearest address serving the City of Santa Ana and headquarters address. Addresses for CSC's nearest branch office and headquarters office may be found below. Local Off ice CSC - Orange County 1439 W. Orangewood Avenue Orange, CA 92868 Headquarters Office Contemporary Services Corporation 17101 Superior Street Northridge, CA 91325 iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. CSC's proposed Project Manager/Principal Agent is Alan Wagner. iv. Resumes for all key staff proposed describing relevant experience. Resumes for key personnel may be found on the following pages. CltyTh(;ife7Fi Mains and consists of confidential and proprietary informa4ln beljing to Contemporary Services Corp�i�a§6W025 14 and is not to be reproduced, copied, or used without its express written permission. C- Key Personnel an Wagner ring, Recruiting, and Event Manager an began his CSC career in Dcember of 2012 working as Bent Staff for the Orange County -anch. As a guard he performed sks such as guest services, access control, response team, searches, perimeter security, equipment watch, and executive escorts. Soon After in May he was promoted to supervisor. In this new role, Alan instructed, coached, and evaluated event for numerous vents across southern CA. In 2016 Alan was promoted to Event Manager. Alan has worked with clients form the planning stages giving recommendations related to security and crowd management, providing estimates, scheduling of staff, event logistics needs, make deployments and dot maps, managing the event, maintaining proper documentation, post event debrief with management team and client. Alan has worked: • Angel Stadium: supervising staff while coordinating with state and local law enforcement as well as the F.B.I. and Secret Service for President Barack Obama's visit to Angel Stadium in 2014 where he delivered the commencement speech at UC Irvine's 50th anniversary ceremony, Super Motocross, Monster Truck Jams. • Ana heimConvention Center: PresidentDonald Trump's visit to the Anaheim Convention Center in 2016, WonderCon, VidCon, Natural Products Expo, Keller Williams National Conference, US International Volleyball Tournaments, Cheer/Dance Competitions, Wooden Legacy Basketball Tournaments, D23, Latin Dances, Jiu Jitsu Tournaments and many more events and conventions. • Cal State Fullerton: PASA Friendship Games, Spring Concerts, Wooden Legacy Basketball Tournaments. • Local High Schools: Basketball, Football, Proms/Formals, Carnivals, Graduations, Back to School nights, special events and parking details. • The Great Park in Orange County: OC Soccer Club games at the stadium and Anaheim Ducks events at the ice rink • City of Newport Beach: Newport Beach Ambassador • City of BullHead, AZ: Manager for Memorial Parks north and south at Bull Head City River Regatta. Alan has also assisted other CSC branches with numerous events including managing Coachella Valley Music and Arts Festival, Stagecoach Festival, Self Help Festival, Hard Summer Music Festival, VIP Escorts at MLB Fan Fest, Formula 1, Nascar, etc... Alan accomplished his CSC career while holding a full-time position working for Anaheim Union High School for 22 years as a Plant Manger working at multiple Jr. High and High School sites. As a Plant Manger he oversaw day-to-day operations, dealing with the public, setting up and ensuring smooth running of events, maintain accurate records of inventory, maintenance, payroll, and assisting with the master calendar. In 2022, Alan took a full time position with CSC Orange County as Hiring, Recruiting and training Manager where he has successfully hired upwards of 750 employees. Alan is skilled with Microsoft Office, Internet Research, Read Blueprints and Schematics. Alan also has certificates and completed training in the following: • FEMA IS-015: Special Events Contingency Planning for Public Safety Agencies • FEMA IS-100: Introduction to Incident Command System, ICS-100 • FEMA IS-200: ICS for Single Resources and Initial Action Incidents • FEMA IS-700: National Incident Management System (NIMS) An Introduction • FEMA IS-800: National Response Framework, An Introduction • FEMA IS-906: Workplace Security Awareness • FEMA IS-907: Active Shooter: What You Can Do • FEMA IS-914: Surveillance Awareness: What You Can Do • AWR-334 - ITAC: Introduction to the Terrorist Attack Cycle • AWR-335 - RSBI: Response to Suspicious Behavior and Items • Trained Crowd Manager (TCM) 15 CltyTh(;9dl9i&Wainsandconsistsofconfidentialandproprietaryinforma"tlnbe�AingtoContemporaryServicesCorp211aH6�025 �0 and is not to be reproduced, copied, or used without its express written permission. briel Rivera inch Manager - Orange County oriel began his CSC career 1998-2005 as a part-time iployee for the Los Angeles inch. In 2000 he was promoted 3upervisorwhere he participated in numerous events across the LA county such as worked 2000 Democratic National Convention, The Academy Awards, Soul Train Awards, SAG Awards, The Grammys, The Emmy Awards, USC football, UCLA football, Oakland Raiders Games. In 2005-2011 he transferred to the for the Orange County Branch as a supervisor while holding a FT job in Operations/Security at Angel Stadium. Gabriel completed a 20-year career as a security professional and coached his son's football team all through his high-school years. Gabriel restarted his CSC career in 2015, working part time for the Orange County branch where he swiftly ascended through the ranks, showcasing exemplary leadership and organizational skills. His dedication and competence led to promotion as an Area Director and subsequentlywas offered the full-time position of Angels Venue Manager to oversee CSC's operation at Angel Stadium in 2021. Gabriel took on the role and he has participated ensuring seamless operations and unparalleled crowd management experiences. Over the last 2 Years, Gabriel has participated in the security operations for major events at Angels Stadium including: CSULB Graduations 2021-2023, UCI Graduations, the 2002 World Series, 2010 MLB All Star Game, Monster Jam, Supercross, Rolling Stones and of course Major League Baseball. Other events worked: 2022 Superbowl, 2024 Superbowl, Numerous concerts, Summer Sanitarium, Coachella Festival, Raves, EDC, Day n Night Festival, 2016 Donald Trump presidential campaign, numerous soccer games, U2 concert, Concert KIIS FM, Wango Tango, Ozzfest, KROQ Weenie Roast, Metallica Concert, Wondercon, Vidcon, E3, WWE, WWF, Car Show, Low Riders Super Show, Rosebowl Game. National College Championship game. night: KID ROCK / SYSTEM OF A DOWN / KORN / POWERMAN 5000 / Metallica. Park City Utah for a concert during the 2002 Winter Olympics. Wisconsin with Los Dells Festival and many more. Gabriel possesses a diverse skill set, including proficiency in Microsoft Office and Internet Research, coaching skills, and mastery in the art of de-escalation. Gabriel's commitment to excellence and his comprehensive skill set makes him an invaluable asset in ensuring the safety and success of any event he manages. Certifications and Trainings: • FEMA IS-015: Special Events Contingency Planning for Public Safety Agencies • FEMA IS-100: Introduction to Incident Command System, ICS-100 • FEMA IS-200: ICS for Single Resources and Initial Action Incidents • FEMA IS-700: National Incident Management System (NIMS) An Introduction • FEMA IS-800: National Response Framework, An Introduction • FEMA IS-906: Workplace Security Awareness • FEMA IS-907: Active Shooter: What You Can Do • FEMA IS-914: Surveillance Awareness: What You Can Do • AWR-334 - ITAC: Introduction to the Terrorist Attack Cycle • AWR-335 - RSBI: Response to Suspicious Behavior and Items • DHS-FEMA MGT-466 Sport and Special Event Enhanced Risk Management and Assessment • NSI: National SAR Initiative • Trained Crowd Manager (TCM) • Disney Screening • MLB Fan Screener Training • GST: Guest Services Training • ESS: Event Screening Specialist • Anti -Harassment Training for CA Managers- AB1825 CSC Out-of-town events: Seattle Seafair, Seattle's Rock n Roll Museum opening, Denver Mile high stadium concert nwith 'I the following acts in one G�/ / 16 CltyTh(;9dl9i AQainsandconsistsofconfidentialandproprietaryinforma"tlnbe�ngingtoContemporaryServicesCorp211a�6�025 �0 and is not to be reproduced, copied, or used without its express written permission. is De La O ich Manager - Orange County a began her CSC career in 2 working as an Event Staff the Los Angeles Branch. After ?ar of service and being well .painted with venues such as The Rose Bowl, LA Sports Arena, LA Memorial Coliseum, and Hollywood Bowl as well as several others, she was promoted to field supervisor. In 2004, Tania became part of the CSC security management team at Dodger Stadium where she assisted with game day security operations. The same year Tania graduated from Cerritos College with an A.A. in Business Administration and a minor in accounting, and by the end of Baseball season she became an assistant in the Los Angeles Branch payroll/billing department. In 2005, Tania was invited to form part of the management team in the newly opened Orange County Branch. There she became the Payroll/Billing Manager for Orange County as well as the San Diego and San Bernardino branches. In addition to supporting the branch administratively, Tania continued to acquire experience in the field as a supervisor at Verizon Wireless Amphitheater, San Manuel Amphitheater, National Orange Show, and as a manager during such events as Coachella/ Stagecoach Music and Arts Festival, Bullhead City River Regatta, and Electric Daisy Carnival. In 2014, Tania was promoted to Assistant Branch Manager where she assisted in the overall the recruiting/hiring, scheduling and operations departments. A year later in 2015, Tania was promoted to Branch Manager for the Orange County branch. She immediately was instrumental in CSC's contract with Disneyland Resort for the implementation of the guest screening services project for their U.S. parks, making CSC the first outside contractor to provide such services for Disney. As a Branch Manager, Tania is responsible for the overall office administration and field operations including recruiting, hiring and training of staff as well as planning, scheduling and managing events. Tania is also responsible for maintaining current clients which include Angels Baseball, City National Grove of Anaheim, and Anaheim Convention Center to name a few. Certifications and Trainings: • AWR 334 ITAC: Introduction to the Terrorist Attack Cycle • AWR 335 RSBI: Response to Suspicious Behavior and Items • FEMA IS-15.13: Special Events Contingency Planning for Public Safety Agencies • FEMA IS-100.13: Introduction to Incident Command System, ICS-100 • FEMA IS-106.12: Workplace Violence Awareness • FEMA IS-200.13: ICS for Single Resources and Initial Action Incidents • FEMAIS-700.A:National lncidentManagement System (NIMS) An Introduction • FEMA IS-800.13: National Response Framework, An Introduction • FEMA IS-906: Workplace Security Awareness • FEMA IS-907: Active Shooter: What You Can Do • FEMA IS-914: Surveillance Awareness: What You Can Do • Trained Crowd Manager (TCM) • T.E.A.M. Trainer • Disney Institute for Disney's Approach to Employee Engagement CltyTh(;ifd Mains and consists of confidential and proprietary informa4ln 6' ging to Contemporary Services Corp§la§IW025 r % and is not to be reproduced, copied, or used without its express written permission. C- E Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Ser- vices. Additionally, proposed work plan shall include Proposers': i. Anticipated approach to performing services as specified herein. E » E ° Quality Guest Service is an attitude that is ingrained in every aspect of our organiza- tion. However, we recognize it begins and ends with our people. Our philosophy is to deliver a con- sistent, premium service level through excellent foundation plans, quality staff training, and regular performance monitoring, including feedback from our clients and their customers. We focus on Service and Safety above all else - CSC delivers security operations that are sensitive to customer comfort while still being disciplined about security integrity. For example, our organization's position as the primary supplier of Event Services to Olympic Games Organizing Committees over the past 18 years has grown because we have developed and implemented a service delivery model that exceeds the standards typically provided in the security industry. As part of CSC's continuing commitment to guest service, our services will include: 1. Guest Service as a Central Principle in the Mission of the Event Security Team. Our goals to achieve this are: • Providing a safe and enjoyable guest experience from entry to exit of an event. • Applying these principles to all: guest, key stakeholders, and other security entities. • Strive to create a unique guest experience; we know that customer satisfaction is based on loyalty, identity with the facility, and relationships. Special interactions keep guests coming back! 2. Policies and Procedures, which Incorporate Guest Service Benchmarks • Using our current best practice methods, we can adjust our Policies and Procedures to reflect both key stakeholders needs and guest service elements. • Using specific instructions within procedures, which emphasize the levels of guest service expected as well as methods of achieving those levels, through personal action on the job. 3. Training Modules Designed for Positive Customer Service Outcomes • We provide all our staff with a Guest Services module as part of standard training. While this is highly effective, our success has been achieved by taking an extra step, which is to include the guest service elements in ALL our training materials. 4. Evaluation and Feedback Systems Which Include Built-in Key Performance Indicators for Guest Services Measuring guest satisfaction and engagement is central to our performance manage- ment system. We communicate with our clients, integrating with their own guest sat- isfaction systems, or utilizing our own methods, such as "Mystery shopper" evaluations, self -evaluation and peer/leader evaluation. Staff performance is reviewed by our venue leadership every day, as well as at more formal 'official' review cycles. ii. Suggestions or special concerns the evaluation committee should take into consider- ation (if any). Gl E S P [ >> E , CSC does not have any special concerns or suggestions for the evaluation committee at this time. '$ CltyTh(;9dl9i AQainsandconsistsofconfidentialandproprietaryinforma"tlnbe�AingtoContemporaryServicesCorp211a�6�025 and is not to be reproduced, copied, or used without its express written permission. iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. R C S F� r E. CSC's implementation plan and general daily event operations are listed below. Standard Event Day Operation Outline 1. Employee Access Control consists of: 2 a. Positive identification and credentialing of CSC personnel. b. Audited distribution and collection of CSC's security uniform (i.e., shirts and jackets) c. Verification and validation of accreditation devices for access to restricted areas. All employees arriving at the event venue enter through the designated employee entrance where they and their personal property are searched by CSC ESOs. The search techniques, may vary from venue to venue, but typically include screening with a metal detector and a search of any property (bag search) they are attempting to carry into the facility. After screening, venue employees report to a specific sign -in area where their employee I.D. is verified and they are issued an event shirt with a unique serial number and temporary, event -specific credentials (e.g. wristband or paper hang tag). CSC employees must have all three forms of accreditation to exit the sign -in area and must display these items at all times while they are inside the venue. While in the sign -in area, CSC employees also receive event information and training aides such as timelines, maps and emergency response procedures. General Event Briefing - The CSC Event Manager gathers all hands for the general event briefing. This briefing is typically held about 1 hour before the venue opens to the public. Regardless of the event, this briefing follows a standard checklist that covers specific details in six broad categories and reviews the event materials (maps, event timelines, hot sheets, etc.) that were distributed to each employee during the sign in process. The general event briefing covers the following topics: a Guest Services Event Goals c. General event timeline d. Important locations e. Venue policy and procedure f. Emergency procedures g. Questions and comments This briefing concludes with an overview of the emergency response procedures. Portions of this briefing may be assigned to other individuals or included within written post orders or other training aides. If necessary, this briefing may be delivered to separate shifts which are common for very large events that span several operational periods (12 hours). Employees who arrive late and do not attend this briefing are held in the sign -in area until they can be briefed about the event. At the conclusion of this briefing CSC Supervisors assemble the employees assigned to their deployment and move to their assigned area of responsibility as a group. 3. Supervisor Briefings - Immediately after the general event briefing, CSC Supervisors assume responsibility for the CSC personnel assigned to them in what is commonly referred to as "a deployment". Supervisors record the name, CSC ID number, uniform serial number, and equipment assigned to each individual on a deployment sheet and a duplicate. After leaving the briefing area, supervisors take their assigned employees on a tour of the supervisor's assigned area of responsibility (AOR). Supervisors provide a more detailed briefing that is appropriate for their area of responsibility. They also review venue policy and procedure, explain break procedures, and demonstrate specific skills and other event specific training (EST) assigned by the CSC Event Manager. The supervisor briefing concludes with a "brief back" and skill demonstration where individual CSC employees are asked to answer questions about their post responsibilities and demonstrate specific skills such as bag search or checking credentials. 4. Post Briefings -After briefing theirdeployment, b. Event(�/nv�ern�u'Ie information �Qach ir�or�,ic�r posts tlAQ C--S�personnel 19 CltyTh(;9dl9i AQainsandconsistsofconfidentialandproprietaryinforma"tlnbe�QingtoContemporaryServicesCorp211a�6�025 and is not to be reproduced, copied, or used without its express written permission. �. 5. L assigned to them. During this process the supervisor explains the specific purpose and responsibilities and the evacuation instructions for each post. In particular, supervisors point out the post-stander's safety and security responsibilities within the larger event. They review the written post orders with each individual Team Member to ensure they understand the responsibilities of their post and know what to expect during the event. Post Inspections-Afterassuming responsibility fortheir post, each CSC employee is responsible for conducting an inspection of his or her post to identify any hazards or unsafe conditions. These inspections include walking emergency exits and paths of egress to confirm they are open, accessible and free from obstructions. The pre -event inspection must be completed before the venue opens to the public. Any problems identified during this inspection are reported to the supervisor who relays them to the Unified Command Post for action. Once all CSC supervisors have reported "staffed and ready', the venue can be opened to the public at the direction of the client. Ingress Gates- Most venues open their en- trances 60 - 120 minutes before the event begins. The nature of the event will deter- mine the density of the crowd at opening. For example, concerts and other events that use General Admission (GA) seating, where people can sit in any available seat, will typ- ically have heavy ingress at opening. Howev- er, sports events have a very light ingress at opening and heavy ingress just before the game begins. During ingress, CSC personnel are concentrated in and around the venue's entrances. Physical security, access control, crowd management, and guest services are the focus during this time and, depending on the policies and procedures established by the client, CSC is conducting security in- spections of people and property entering the venue. Supervisors have demonstrated the proper search techniques and reviewed re- sponse procedures for prohibited, illegal, and suspicious items during their briefing so now they assist with the searches or help resolve problems as they arise as they monitor their posts. 7. Ingress Interior/Building Circulation -Concur- rent with gate screening, the interior staff will be tasked with further welcoming, directing and servicing the guest at the interior posts through seating assistance and answering guest questions. Additionally, these team members are an important safety compo- nent providing "eyes and ears" for observation, reporting, and response initiation of any inci- dents. 8. Incident Response - Any large sports or entertainment event generates a number of different incidents. Most of these incidents are relatively minor and are quickly resolved. However, spectator violence, severe weather, a fire, or the collapse of a railing or temporary structure can quickly create an incident that requires CSC to relocate spectators. CSC personnel in the area are typically the first resources on the scene of these events and they follow the basic response procedures they have learned through training. 9. Egress- Preparation for egress begins approxi- mately 30 minutes before the end of the event or earlier dependent upon crowd departure. The CSC Event Manager, in coordination with the client, law enforcement, and the Unified Command Post, repositions CSC personnel at "exit posts" to facilitate egress. Teams of CSC employees are positioned at stairwells, esca- lators, ramps, venue exits, and other common choke points to monitor and facilitate crowd movement. After the egress of the crowd, CSC Supervisors direct a search of their assigned areas of responsibility (AORs) for people who are still inside the building. This search pro- vides important training on how to search the venue during an emergency and it also helps identify maintenance issues and other haz- ards that must be corrected before the next event. Egress is often a critical time of the event as law enforcement units have typically been reassigned to traffic management posts outside of the venue and the responsibility for crowd movement falls to CSC. 20 CltyTh(;9d i&Wainsandconsistsofconfidentialandproprietaryinforma"tlnbel3l"ingtoContemporaryServicesCorp§a§6W025 and is not to be reproduced, copied, or used without its express written permission. 1. 011 eference Attachment B - References shall be submitted for similar projects performed for state and/or similar government clients. RESPONSE. CSC's references may be found in Attachment B. CltyTh(;9el n9gains and consists of confidential and proprietary informa n-6eldnfjing to Contemporary Services Corp§la§IW025 r 21 and is not to be reproduced, copied, or used without its express written permission. C-. �,� $ERVIC fS C z = Z - CSC , 7 PR PO$Rt C\lCAIT CIt�/Th(;9d7li Mains and consists of confidential and proprietary informa4ln beldgging to Contemporary Services Corp§la§IW025 rr 22 and is not to be reproduced, copied, or used without its express written permission. C-. G Cost Proposal Role 2025-2027 Overtime Double Time Event Manager $41.50 $62.25 $83.00 Supervisors $36.40 $54.60 $72.80 Event Staff $34.00 $51.00 $68.00 CSC bases its rate structure, found above, on factors that allow it to provide the following: • Top Rated Liability insurance • Workers' Compensation • Prevailing Market Wages • Equipment (Radios, Uniforms) • Staff Incentive Programs Utilization of CSC's developed, web -based sched- uling and data management program allows for proper, accurate and timely accounting of staff pay. The utilization of a professional payroll ser- vice guarantees that all applicable taxes are cor- rectly calculated, withheld and paid within the state and federal guidelines. The above rates also result in the ability to pay a competitive wage in the marketplace. In addition, they result in prop- • Proper IRS Reporting • Payroll Taxes • Comprehensive Training • Licensed Personnel erly trained, motivated employees who will ef- fectively contribute to your service goals. We know it is difficult to draw direct comparisons between companies that provide varying exper- tise, depth of services, efficiency, and operation- al plans. Therefore, we welcome any questions, information exchange, or further discussion that may assist you in making your decision. CltyTh�l#ifel9i aainsandconsistsofconfidentialandproprietaryinforma informal_eldangtoContemporary Services Corp§la§IW025 N. 23 and is not to be reproduced, copied, or used without its express written permission. C- j.I SERVICES. C O O� �e O r U I M� CSC z .61 O CIt�/Th(;9dl9i Mains and consists of confidential and proprietary informa4ln beldnjing to Contemporary Services Corp§la§IW025 r 24 and is not to be reproduced, copied, or used without its express written permission. C- Proposer'sCertification&Proposal item Pricing 9 (a CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Contemporary Services Corporation 818-885-5150 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 17101 Superior Street, Northridge, CA 91325 BUSINESS ADDRESS Mark Glaser EVP, Operations PRINTED NAME OF AUTHORIZED AGENT TITLE 1/7/2025 mglaser@csc-usa.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 95-2832166 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. References � CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Anaheim Convention Center Contact Individual: Robert Helmy Address: 800 W Katella Ave Anaheim, CA 92802 Contract Amount: $450,000 Annually Phone Number: 714-765-8943 EMAIL: rhelmy@anaheim.net Year: 2007 to Present Description of supplies, equipment, or services provided: Access Control, Guest Services, and Security Services provided REFERENCE Customer Name: City National Grove of Anaheim Contact Individual: Jordan Harding Address: 2200 E Katella Ave Anaheim, CA 92806 Contract Amount: $120,000 Annually Phone Number: 714-712-2700 EMAIL: Jharding@nederlander.com Year: 2004 to Present Description of supplies, equipment, or services provided: Access Control and Security Services provided REFERENCE Customer Name: Silverado Days Festival Address: 7225 El Dorado Drive Buena Park, CA 90622 Contact Individual: Sergeant Sergio Lepe Phone Number: 714-562-3958 EMAIL: slepe@bppd.com Contract Amount: $34,000 Annually Year: 2022 to Present Description of supplies, equipment, or services provided: Access Control and Security Services provided THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. o annt�a� AnnaRFP ' I o. ^ / A2 I YT QJt taains and consists of confidential and proprietary inform n befdr ing to Contemporary Services Corp a 6 and is not to be reproduced, copied, or used without its express written permission. Proposer's Statement 0 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Contemporary Services Corporation Signed and Printed Name: Mark Glaser Title EVP, Operations Date 1 /7/2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. n Cit o aan�nan�'I RFP o. - ^ �/ 33 A3 �I YT Q g4ains and consists of confidential and proprietary inform nRefd4ing to Contemporary Services Corp% I and is not to be reproduced, copied, or used without its express written permission. 5. Non -Collusion Affidavit CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal. or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. _�— Notary Public Signature Notary Public Seal VAN IA IAOHM Notary Public - = commission L *y Comm. fxpirps THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, Cav of Sanla Ana RFP No 24.136 Page 30 of 3J A4 CIt%1iSQM 94ains and consists of confidential and proprietary inform 11n befdr"ging to Contemporary Services CorpX0025 and is not to be reproduced, copied, or used without its express written permission. cps, C CALIFORNIA JURAT GOVERNMENT CODE § 8202 0"44sa001D 04we0m00raaoase00060009 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES •. YANIAMONTEALEGRf Notary Public • Catifornia Los Angeles County Commission N 2427469 My Comm, Expires Nov 20, 2026 Place Notary Sea/ and/or Stomp Above Subscribed and sworn to (or affirmed) before me on this 23rd day of December . 20 24 by Dote Month Year (1) JAMES CLAY GRANGER ----------------- (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature : Signature of Notary Public -- OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document i Title or Type of Document: City of Santa Ana , Attachment D, Non -Collusion Affidavit Document Date: Signer(s) Other Than Named Above: None Number of Pages: 1 ! 4A4400eaeare#fe� s aide RFrselse4a69rif4a� o p v ac- 2019 National Notary Association AS C't%QQUQ94ains and consists of confidential and proprietary inform 11 befdh�ing to Contemporary Services CorpX/.QJW025 and is not to be reproduced, copied, or used without its express written permission. cps, C Non -Lobbying Certification M CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: `'`f Title: EVP, Operations Firm: Contemporary Services Corporation Date: 1 /7/2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. u Ci o a ar��nra��'I o. 33 A6 UI YT ' iC�rtt EW.1ins and consists of confidential and proprietary inform nFe"ing to Contemporary Services Corpb% b and is not to be reproduced, copied, or used without its express written permission. 4. Non -Discrimination Certification 9 10 CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract CiLtJ1 061�'I 11 ��// // 33 A7 'tYT[QQJM94ains and consists of confidential and proprietary informa'tl F A ling to Contemporary Services Corp%025 and is not to be reproduced, copied, or used without its express written permission. 5. (9) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: EVP, Operations Firm: Contemporary Services Corporation Date: 1 /7/2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Ci �`o a ar��nraKFFI ��'I o. 33 A8 U YT ' iC�rtt EW.1ins and consists of confidential and proprietary inform n belkf�fging to Contemporary Services CorpX J( b and is not to be reproduced, copied, or used without its express written permission. 4. r�.� SERVICES \ c� woo O O � z EST. CSC 1967 0 �,AnrLoYEE owNEv EXHIBIT C CONTRACTOR'S FEE PROPOSAL Fee Proposal including hourly rates if applicable City Council 13 — 54 5/6/2025 �,� $ERVIC fS C z = Z - CSC , 7 PR PO$Rt C\/GAIT CIt�/Th(;9d7li Mains and consists of confidential and proprietary informa n-6el5Aing to Contemporary Services Corp§la§IW025 rr 22 and is not to be reproduced, copied, or used without its express written permission. C-. G Cost Proposal Role 2025-2027 Overtime Double Time Event Manager $41.50 $62.25 $83.00 Supervisors $36.40 $54.60 $72.80 Event Staff $34.00 $51.00 $68.00 CSC bases its rate structure, found above, on factors that allow it to provide the following: • Top Rated Liability insurance • Workers' Compensation • Prevailing Market Wages • Equipment (Radios, Uniforms) • Staff Incentive Programs Utilization of CSC's developed, web -based sched- uling and data management program allows for proper, accurate and timely accounting of staff pay. The utilization of a professional payroll ser- vice guarantees that all applicable taxes are cor- rectly calculated, withheld and paid within the state and federal guidelines. The above rates also result in the ability to pay a competitive wage in the marketplace. In addition, they result in prop- • Proper IRS Reporting • Payroll Taxes • Comprehensive Training • Licensed Personnel erly trained, motivated employees who will ef- fectively contribute to your service goals. We know it is difficult to draw direct comparisons between companies that provide varying exper- tise, depth of services, efficiency, and operation- al plans. Therefore, we welcome any questions, information exchange, or further discussion that may assist you in making your decision. CltyTh�l#ifel9i aainsandconsistsofconfidentialandproprietaryinforma lllbAngingtoContemporaryServicesCorp§la§IW025 N. 23 and is not to be reproduced, copied, or used without its express written permission. C- Police Department www.santa-ana.org/pd Item # 14 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Urban Area Security Initiative Grant Training Agreement AGENDA TITLE Agreement with SenseMakers, LLC to Provide Training Exercise Services for the Urban Area Security Initiative Grant Program FY2023 - FY2027 (Specification No. 25-024A) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a three-year agreement, with two, one-year renewal options, with SenseMakers, LLC to provide on -going training deliverables to the Anaheim/Santa Ana Urban Area on an as -needed basis, for the period of May 6, 2025 through May 5, 2028 in an aggregate amount not to exceed $433,619 (Agreement No. A-2025-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) grant funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high -threat, high -density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate, and recover from acts of terrorism. The grant specifically provides funding for anti- terrorism equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant program years, Santa Ana is the fiduciary for the region and manages projects, which includes providing training and procuring equipment utilized by the 34 jurisdictions in Orange County. In an effort to address the unique needs of a high -density, high -threat urban area, the Anaheim/Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant allocation to fund training for the Orange County region. With program management from the Santa Ana Police Department Homeland Security Division, the ASAUA City Council 14 — 1 5/6/2025 Urban Area Security Initiative Grant Training Agreement May 6, 2025 Page 2 Homeland Security Regional Training Program is designed to provide the ASAUA multi- disciplinary stakeholders with regional training necessary to meet the goals and objectives set forth in the ASAUA's homeland security strategy and target capabilities identified in the Threat and Hazard Identification and Risk Assessment (THIRA). The goal of these agreements is to enhance the capabilities of the current program by providing access to a wide range of multi -disciplinary training in support of a comprehensive and regional approach. On February 13, 2025, the Police Department issued Request for Proposal (RFP #25- 024A) on the City's online bid management and publication system to identify and qualify suitable vendors capable of delivering a broad choice of homeland security related exercises taught by subject matter experts and/or recognized professionals in the field of law. Additionally, the RFP sought to identify and qualify suitable vendors who are capable of developing and delivering a broad range of homeland security related training exercises. A summary of the proposals and offers received is as follows: 603 Vendors were notified 1 Santa Ana vendor notified 24 Vendors downloaded the RFP 6 Proposals received 0 Proposals received from a Santa Ana vendor Proposals were opened on March 6, 2025 and evaluated. An evaluation team reviewed and rated all proposals received to determine if necessary qualifications were met. The proposals were evaluated and scored according to criteria identified within the RFP, including Responsiveness to RFP (15%), Experience of Firm and Personnel (50%), Reasonableness of Cost (25%), and References (10%). Of the six (6) proposals received, all six (6) were determined to be responsive and qualified based on their response to the specifications and requirements identified by the City. After the evaluation process, the Santa Ana Police Department Homeland Security Division selected SenseMakers, LLC to provide exercises on an as -needed basis. The addition of SenseMakers, LLC will support the Homeland Security Training Program to enhance capabilities across multiple disciplines and jurisdictions during the current program years. SenseMakers, LLC will provide County -wide Active Shooter and Mass Casualty Terrorist Attack exercises at $72,270 per offering in the total amount not to exceed $433,619 as allocated over the course of grant program years FY 2023, FY 2024, and FY 2025. If the City exercises one or both of the one-year options, then FY 2026 and FY 2027 grant funds will be included under the same "not to exceed" amount. City Council 14 — 2 5/6/2025 Urban Area Security Initiative Grant Training Agreement May 6, 2025 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets and carryovers for City Council consideration as follows: Fiscal Accounting Unit Fund Accounting Unit, Year — Account No. Description Account No. Amount Description UASI Santa Ana, FY 24-25 12514407-62300 OES UASI Contract Services- $ 51,218 Professional UASI Santa Ana, FY 25-26 12514407-62300 OES UASI Contract Services- $ 93,322 Professional Total $ 144,540 The amounts above are estimated projections. The account number may change in the future to no. 12514491-62300, depending upon which UASI grant FY funds are used for these specific training projects. The remaining $289,079 of the agreement may be expended in any future fiscal year and is subject to future grant approval. EXHIBIT(S) 1. Agreement with SenseMakers, LLC Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nunez, City Manager City Council 14 — 3 5/6/2025 Exhibit AGREEMENT WITH SENSEMAKERS, LLC AND CITY OF SANTA ANA TO PROVIDE ACTIVE SHOOTER TRAINING THIS AGREEMENT is made and entered into on this 6' day of May, 2025, by and between Sensemakers, LLC, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On February 13, 2025, the City issued Request for Proposals No. 25-024A (RFP), by which it sought proposals from qualified firms and organizations to provide six (6) County -Wide Active Shooter Exercise Drill(s) and Mass Casualty Terrorist Attack Training Services, on behalf of the Anaheim/Santa Ana Urban Area (ASAUA). This program is designed to provide the ASAUA's stakeholders with the regional training and exercises necessary to meet the goals and objectives set forth in the ASAUA's Homeland Security Strategy B. The United States Department of Homeland Security, Federal Emergency Management Agency, has developed ASAUA to enhance the domestic preparedness of urban areas by ensuring that first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. ASAUA allocates a set percentage of its annual United States Department of Homeland Security's Urban Areas Security --Initiative (UASI) grant allocations to fund training and exercises. Training courses and exercises requested through the ASAUA Homeland Security Regional Training and Exercise Program will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA. C. Contractor submitted a responsive proposal that was selected by the City. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of services provided in the RFP and attached hereto and incorporated by reference as Exhibit A. City Council 14 — 4 5/6/2025 2. CHANGE ORDERS/AMENDMENTS a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats, the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change Order provision to request other training and exercise courses at the City' s request. Change Orders will be used to approve training and/ or exercises and can modify the existing scope of work for specialty and other ad -hoc training and exercises on an as needed basis. Change Orders will be drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded to the Chief of Police and the City Manager for the City of Santa Ana or their designees for approval. b. Any change order that contains any terms contrary to services provided within this Agreement shall be void, unless City and Consultant have expressly agreed in a writing, requiring approval by the City Manager and the City Attorney' s office. Consultant agrees and understands that substantive changes to the terms of the Agreement are subject to approval by the City Council. 3. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement, Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B, Cost Proposal. Any compensation payable to Contractor shall be paid from a portion of the above - referenced UASI grant awarded to the City. The cost for each exercise is $72,269.73, and the total for six (6) exercises is $433,618.38, which shall serve as the total amount payable for all training and exercise programs supplied under RFP No. 25-024A b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House- (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on May 6, 2025 for an initial three (3) year term with the option for the City to grant up to two (2), one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney and subj ect to funding, unless terminated earlier in accordance with Section 18, below. City Council 14 — 5 5/6/2025 5. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 6. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security__ taxes, unemployment insurance and similar taxes relating _to -employees _and -shall responsible for all applicable withholding taxes. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 14 - 6 5/6/2025 S. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation ()Y/C): as required by the State_of California, with statutory - limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insuranceandcoverage shall be available to City. - Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City City Council 14 — 7 5/6/2025 Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required - amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, me i mg —endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. City Council 14 — 8 5/6/2025 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. City Council 14 — 9 5/6/2025 11. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information. is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 13. CERTIFICATIONS The funds used to pay for this Agreement will be partly comprised of federal grant funds. Consultant agrees and understands that it will comply with the terms of the Certifications attached hereto as Attachment A-H, incorporated by reference into this Agreement. Consultant shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect fortxtance-of--it--services-Msuanti-a-this-Agreement. Consultant -shall at kthil es, and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph. 14. CONFLICT OF INTEREST CLAUSE 1. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a City Council 14 — 10 5/6/2025 contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. 2. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 15. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, _age national origin ancestry, or isability_, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal -opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any ndi ions of any purchase -order or -oily istent with, or 'in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 14 —11 5/6/2025 17. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 18. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance -specified -in the Recital"f this Agreement,. - 19. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 20. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of City Council 14 — 12 5/6/2025 Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22. FEDERAL REGULATIONS SenseMakers, LLC shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth below. Notwithstanding, anything to the contrary herein, including without limitation , the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. SenseMakers, LLC shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions. a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. C. Audit Records — With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or ehanical reproduetioir oir�r office prerrtiR, uusual wor ng hours. d. Reports — Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) — All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no City Council 14 — 13 5/6/2025 otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 — (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity — None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying — Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity — Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to Y--which -w ll; in turn,, subinit tile findings to the Office of Civil Rights, Office of justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. City Council 14 — 14 5/6/2025 k. Public Contracts Code Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland "Anti -Kickback" Act — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. in. David -Bacon Act — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act — 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. P. Energy and Conservation — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. teat Rrgllts = Reciprent agrees tmfand-SecLuity shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Copyright — Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: City Council 14 — 15 5/6/2025 (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color; religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or - disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including furnish information, (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. City Council 14 - 16 5/6/2025 (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract including sanctions for noncompliance. U. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment -- Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to -procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). City Council 14 — 17 5/6/2025 (3) Telecommunications or video surveillance services produced by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. V. Domestic Preferences for Procurements/Subcontracts — Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1) Recovered Materials Recipient shall mare maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price, Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa. gov/smrn/cotnprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. City Council 14 — 18 5/6/2025 Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. W. Termination for Cause and Convenience -- Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. X. Contractual/Legal Remedies for Breach of Contract — Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect. 23. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To Citv: City Cleric City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-96) Santa Ana, California 92702 To Contractor: James Bailey, President SenseMakers, LLC 2401 E. Katella Ave., Ste. 610 Anaheim, CA 92806 j im@sensemakersllc, com City Council 14 — 19 5/6/2025 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 23. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. TTEST-: CITS-4F-SANT T. JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attomey By: TAMARA BOGOSIAN By: James E. Bailey Senior Assistant City Attorney Title: President, SenseMakers LLC RECOMMENDED FOR APPROVAL: City Council 14 — 20 5/6/2025 (9) IWNMRI1:3rrs1 CITY OF SANTA ANA EXHIBIT 1 SCOPE OF SERVICES Contractor shall perform services as set forth below. I. REQUIREMENTS A. The specific requirements of this RFP have been listed in Section Il. II. TRAINING COURSE(S) A. ASAUA requires full-scale exerciseldrills in the following specific disciplines: Training Exercise for: County -Wide Active Shooter Drill/Exercise Mass Casualty Terrorist Attack Ill. MINIMUM REQUIREMENTS A. Availability to conduct up to a total of six (6) different deliveries of the exercise by the end of the term of the contract. Each exercise will have its own goals and objectives, and will be unique to the needs of the respective agency. B. The first three (3) exercises will be conducted on the following dates: -Exercise 1: July 15, 2025 (potentiai to move this date to July 14 or July 16) -Exercise 2: July 2025 (Date TBD) -Exercise 3: August 2025 (Date TBD) C. Exercise must be posted to the National Exercise Schedule (NEXS) through the Design & Development System (DDS) as outlined in the Homeland Security Exercise and Evaluation Program (HSEEP) toolkit. D. Completed After Action Report must be submitted to the ASAUASI Homeland Security Regional Training and Exercise Program Manager within 30 days of the exercise to meet required grant deadlines. E. Num er of -Deliveries Being Requested: six (6) IV. SCOPE OF EXERCISE A. The ASAUA seeks a vendor that can provide a full scale exercise involving an active shooter incident at a public place (entertainment facility, school, government building, place of worship, outdoor/indoor soft targets, etc) and/or a simulated mass casualty terrorist attack on a public place such as a hostage taking/bomb incident. B. This response to a County Wide Active Shooter/Terrorist attack gives participants an opportunity to practice and evaluate current response plans and capabilities during a simulated active shooter, or other terrorist incident in a public place. This exercise is RFP 25-024A CITY OF SANTA ANA Page 17 of 46 City Council 14 — 21 5/6/2025 (E) CITY OF SANTA ANA intended for participants who are current Peace Officers, Firefighters, and paramedics within the County including private security staff. The series will exercise the initial response to an active shooterlmass casualty incident from multiple law, fire, specialized entities (SWAT, Bomb Squad, JHAT, Drone, etc), and unified command components. An additional component could involve evacuations and reunification coordination. C. Each one (1) day exercise will consist of at least 100 law enforcement and fire personnel from multiple Orange County agencies, in addition to several observers from the participating agencies and/or disciplines. The full-scale exercise will consist of at least two iterations over the course of one (1) day. D. The exercise team should consist of no less than four (4) instructors with experience in tactical and unified response to active shooter incidents, hostage incidents and complex coordinated attacks. The ASAUASI will provide the explosive (bomb squad) expert and mock devices. The proposer will provide resumes of the staff to be assigned to these exercises, detailing their prior experience. E. All exercises should be conducted in a manner that adheres to all applicable state and federal guidelines, including exercise design and development guidelines outlined in the HSEEP. This includes an After -Action Report, which will contain specific corrective actions and a training improvement plan. V. RESPONSIBILITY OF THE CITY OF SANTA ANA ON BEHALF OF ASAUA A. Act as a liason between the selected proposer and regional stakeholders B. Provide a Project Manager to help facilitiate all aspects of desired exercise locations C. Coordinate local evaluators from law enforcement agencies D. Notice to Respondents: i. All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Contractor shall conduct seminars, workshops, tabletops, drills, functional, and full-scale exercises at various locations/venues within the ASAUASI. All drills, functional -and -full -scale -exercises -will- require-an-EHP-approval-from-FEMA/Cal OES prior to delivery. It shall be the responsibilityof the Contractor to coordinate the completion all EHP forms with the UASI grant office. The ASAUASI Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of requests for approval, iii. All exercises must be conducted in a manner which adheres to all applicable state and federal guidelines, including exercise design and development guidelines outlined in the HSEEP. iv. When conducting full-scale exercises, Contractor shall provide all required exercise consumables, printed materials, handouts, and other materials such as, RFP 25-024A CITY OF SANTA ANA Page 18 of 45 City Council 14 — 22 5/6/2025 aCITY OF SANTA ANA but not limited to, exercise manuals, special effects, actor moulage, supplies, signage, etc. at its cost. The City shall not be billed nor will it accept requests for reimbursements and/or billing. v. Contractor shall provide and assign high quality personnel such as exercise designers, directors, controllers, evaluators, and support personnel on a consistent basis to deliver the specified full-scale exercises. vi. Contractor shall provide all multi -media devices necessary for presentations during seminars, workshops, tabletops, drills, functional, full-scale exercises, and any planning meetings and conferences. vii. Contractor and its exercise personnel shall provide immediate feedback to the City via the ASAUASI Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints. viii. Seminar, workshop, tabletop, drill, functional and full-scale exercise venues may be provided by the City or by hosting agencies based on the needs of the exercise. Contractor must be able to safely administer the exercise site(s) at any of the jurisdictions within the ASAUASI. ix. Contractor is responsible for providing exercise materials and delivering it to the site(s) for the full-scale exercises at its cost. The City shall not be billed nor will it accept requests for reimbursements and/or billing. x. Contractor may not charge the City for materials brought to the full-scale exercises that are not utilized. A. Contractor shall ensure that exercise participants are members of agencies or organizations located or operating within the ASAUASI, or have been approved by the ASAUASI Training & Exercise Program Manager or his designee. xii. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval letter has been issued to the ASAUASI before delivery of any tabletops, drills, functional, and full-scale exercises. All drills, functional and full scale exercises will require an EHP approval from FEMA/Cal OES prior to delivery. ___VIQUAL-IFICA-TIONS---HOMELAND-SECURI-T-Y-EXPERIENC-E A. The following elements outline the type of experience and expertise proposers should possess related to the development and delivery of full-scale exercises. Proposers shall document their experience and expertise in their proposals. B. ASAUA requires full-scale exercises in the following specific disciplines: i. County -Wide Active Shooter Drill/Exercise Mass Casualty Terrorist Attack 1. Proposer must be experienced and proficient in the design and delivery of relevant homeland security related full-scale exercises. RFP 25-024A CITY OF SANTA ANA Page 19 of 46 City Council 14 — 23 5/6/2025 (9) CITY OF SANTA ANA 2. Proposer shall have staff that is experienced and proficient in developing drills, functional and full-scale exercises in accordance with HSEEP guidelines. 3. Proposer must have staff that is experienced and proficient in conducting seminars, drills, functional and full-scale exercises in accordance with HSEEP guidelines. 4. Proposer shall have staff that is experienced and proficient in providing training to and coordinating exercise evaluators, controllers, and operators. VII. DELIVERABLES / REPORTS FOR EXERCISES A. Exercise Documents: Contractor shall provide all documents necessary to conduct drills, functional and full-scale exercises in accordance with HSEEP guidelines. These documents should include, but not be limited to: 1. Exercise Plan, Controller/Evaluator Plan, Master Scenario Events List (MESL), Exercise Evaluation Guides, etc. B. Contractor must provide provide rosters, sign -in sheets, and presentation materials for all planning meetings conducted in support of all seminars, workshops, tabletops, drills, functional and full-scale exercises and will deliver to the ASAUASI Training & Exercise Program Manager upon completion of the planning activity at its cost. C. Contractor must complete After Action Reports (AARs) for all tabletops, drills, functional and full-scale exercises. Copies of these AARs must be provided to the ASAUA Training & Exercise Program Coordinator within 60 calendar days of any seminars, workshops, tabletops, drills, functional, and full-scale exercises. D. Contractor must complete an Improvement Plan for each seminar, workshop, tabletop, drill, functional and full-scale exercise delivered. Copies of the Improvement Plan will be provided to the ASAUA Training & Exercise Coordinator within 60 calendar days of any drills, functional, and full-scale exercises. E. Proposer shall upload, on behalf of the ASAUA, all necessary AARs and Improvement Plans into HSEEP within 60 calendar days of completing any exercise activity. Vill. QUANTITIES FOR EXERCISE A. Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. IX. PRICING FOR EXERCISE A. All price quotes offered during the RFP process shall remain firm for the initial term of the agreement. RPP 25-024A CITY OF SANTA ANA Page 20 of 46 City Council 14 — 24 5/6/2025 DCITY OF SANTA ANA B. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City. C. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. D. Any price increase or decrease for subsequent contract terms maybe negotiated between Proposer and City only after completion of the initial term. X. TAXES AND FREIGHT CHARGES A. The City is soliciting a total price per single delivery of each drill, functional, and full-scale exercise. The price quoted for each functional, and full-scale exercise shall be the total cost the City will pay including sales, use, or other taxes and all other charges. 13. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the proposal, C. Amount paid for transportation of property to the City of Santa Ana is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping papers show the consignee is the City of Santa Ana; as such papers may be acceptable by the carrier as proof of the exempt character of the shipment. D. Articles sold to the City of Santa Ana are exempt from certain Federal excise taxes. The City will furnish an exemption certificate if requested. E. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions. F. Price quotes shall include any and all payment incentives available to the City. G. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. H. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. XI. AWARD FOR EXERCISES A. The City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP or from any Exhibits attached hereto, to waive informalities and minor irregularities in responses received, and to provide an opportunity for proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award to a single or multiple proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. RFP 25-024A CITY OF SANTA ANA Page 21 of 46 City Council 14 — 25 5/6/2025 (9) CITY OF SANTA ANA D. Depending on the amount of the agreement, City Council approval shall be required to award. E. The Master Agreement must be negotiated, finalized, and signed by the recommend awardee(s) prior to City Council approval. F. Final Master Agreement terms and conditions shall be negotiated with the selected vendor(s) G. The RFP specifications, terms, conditions, exhibits, RFP addenda and the awarded proposal, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP solicitiation. XII. METHOD OF ORDERING EXERCISES A. As an exercise is required, the awarded Contractor will selected to provide exercises as requested from the the ASA UASI from the price quoted and agreed upon from this RFP. This will be the in the executed agreement. B. An Order Request will be provided by the Training and Exercise Coordinator specifying the quantity of exercises being ordered and timeframe. This will be returned back signed from the Contractor. This is the formal request that an exercise has been requested. C. An Agreement Release will be issued which fuctions in conjuction with the executed agreement as a Purchase Order (PO). This shall include, but not be limited to, an identifying number, date, City of Santa Ana agreement number, requestor name and phone number, ship to location, itemization of services with complete description and price per item and a summary of total cost for services, shipping, and tax. D. Agreement Release and payments for service will be issued only in the name of the proposer(s). E. Proposer shall adapt to changes to the ordering method or ordering procedures as required by the City during the term of the agreement. F. Change orders shall be agreed upon by Proposer and City and issued as needed in writing by the City. XIII. INVOICING FOR EXERCISES A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services. B. The Proposer will submit invoices according to milestones that are mutually agreed upon by the City and the Proposer, and will be established at the time an agreement is entered into between the City and the Proposer. C. Invoices shall be emailed to: Sgt. Garry Couso Santa Ana Police Department RFP 25-024A CITY OF SANTA ANA Page 22 of 46 City Council 14 — 26 5/6/2025 E) CITY OF SANTA ANA Email: gcousoCo�santa-ana.orq D. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services. E. City City shall notify proposer of any adjustments required to invoices. F. Invoices shall contain Agreement number, Agreement Release number, invoice number, remit to address and itemized services description and price as quoted and shall be accompanied by acceptable proof of delivery. G. Invoices shall contain Agreement number, Agreement Release number, invoice number, remit to address and itemized services description and price as quoted and shall be accompanied by acceptable proof of delivery. H. Proposer shall utilize standardized invoice upon request. I. Invoices shall only be issued by the Proposer who is awarded an agreement. J. Payments will be issued to and invoices must be received from the same Proposer whose name is specified on the POs. XIV. ACCOUNT MANAGER/SUPPORT STAFF FOR EXERCISES A. Proposer shall provide a dedicated competent account manager who shall be responsible for the City account / agreement. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP. B. Proposer shall provide a dedicated competent account manager who shall be responsible for the City account / agreement. The account manager shall receive all orders from the City and shall be the primary contact for ail issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP. C. Proposer shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training exercise offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. D. Proposer account manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. RFP 25-024A CITY OF SANTA ANA Page 23 of 46 City Council 14 — 27 5/6/2025 EXHIBIT B ASAUA COUNTY -WIDE ACTIVE SHOOTER AND MASS CASUALTY EXERCISES Cost Proposal This section provides a fixed rate fee cost proposal. The cost proposal provided herein includes a breakdown of fees/cost for the delivery of services for a County -Wide Active Shooter and Mass Casualty Exercises, as described in the RFP scope of work. Cost proposal for total services offered: $433,618.38 ■ One (1) Delivery of Active Shooter and Mass Casualty Terrorist Attack Exercise, July 15, 2025: $72,269.73 ■ One (1) Delivery of Active Shooter and Mass Casualty Terrorist Attack Exercise, TBD July2025: $72,269.73 ■ Four additional deliveries, as requested/ordered: $72,269.73 each The fee is established as a fixed fee. Costs associated with the proposed fee are inclusive of all expenses, including but not limited to overhead; profit; travel and meals; materials; and deliverables. No fees or costs outside the fixed fee proposal will be submitted to the city. Included in the table below provides a detailed cost breakdown for serviceslactivities listed in the Work Plan, for the preparation and delivery of one (1) Active Shooter and Mass Casualty Terrorist Attack Exercise. We propose to invoice a percentage of each line item, incrementally (i.e., monthly), as the project progresses. Task Project Initiation & Planning Meetings Cost $9,624.96 Design & Development $15,984.00 Exercise Conduct $37,318.77 After -Action Report (AAR) $9,342.00 Total (per delivery) $72,269.73 Aft Request for Proposals (RFP) No.: 25-024A SenseMakers 18 County -wide Active Shooter and Mass Casualty Exercise uncil 14 — 28 5/6/2025 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. SenseMakers LLC 657-223-8532 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 2401 E. Katella Avenue, Suite 610, Anaheim, CA 92806 BUSINESS ADDRESS James E, Bailey PRINTED NAME OF AUTHORIZED AGENT c. Q 3/6/2025 SIGNATURE OF AUTHORIZED AGENT DATE NIA President TITLE jim@sensemakersllc.com E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (I FAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE 1F AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 25-024A CITY OF SANTA ANA Page 37 of 46 City Council 14 — 29 5/6/2025 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Bay Area LIASI Contact Individual: Capt. Juan Daniels Address: 711 Van Ness Avenue, Suite 420 Phone Number: (415) 307-5044 San Francisco, CA 94102 EMAIL: 1uan.daniels@sfgov.org Contract Amount: $375,522.00 Year: 2024-2025 Description of supplies, equipment, or services provided: SenseMakers is currently supporting the 14 county Bay Area UASI in the design and development of an Active Attacker Exercise series, which includes eight (8) full-scale active attacker exercises. REFERENCE Customer Name: Santa Ana Police Department Contact Individual: Sgt. Garry Couso Address: 60 Civic Center Plaza Phone Number: (714) 245-8720 Santa Ana, CA 92701 Contract Amount: $65,688.87 EMAIL: gcouso@Santa-Ana.org Year: 2024 Description of supplies, equipment, or services provided: SenseMakers provided all exercise concepts, design, design, development, preparation, logistics, and evaluation/instructors for an Active Shooter/MCI exercise at Saddleback College, REFERENCE Customer Name: TriMet Contact Individual: Ian Stewart 1-800—SW 1-st Avene, Suit-e300 (503)�62-5743 Address: Phone Number: Portland, OR 97201 Contract Amount: $951926.00 EMAIL: stewartl@TriMet.org Year: 2023-2024 Description of supplies, equipment, or services provided: SenseMakers provided TriMet with an active shooter exercise, held both on the street level station entrance, and in the station, 240 feet underground. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 25-024A CITY OF SANTA ANA Page 38 of 46 City Council 14 — 30 5/6/2025 (a CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm SenseMakers LLC Signed and Printed Name: Title President Date March 6, 2025 James E. Bailey THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 25-024A CITY OF SANTA ANA Page 39 of 46 City Council 14 — 31 5/6/2025 CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository_ , or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making_a-#als � ication may subject the certifier to criminal prosecution. State of V' �ounty of 6fdAC.f .0 Su scri ed and sworn to (or affirmed) before me on this day of Y � , 202S-, by hac' Z A, �; G r , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ��P�Pa e} a1�4!i�ao n44 4�.4M of luawncop alit pauSls W M renpr, W! a41 to lytuapi �!1 duo ayeoiilyw snll nuigdwm rx4410 ID410 ro algnd ,jelou V ` Sy4T�uFTNfay SEAM S. HASHEMI C'° COMM. # 2363432 otary kubfic Signature Notary Public Seal =�e; a NOTARY PUBLIC CALlFORNfA ORANGE COUNTY A notary puble orniher ot� ar �mplefing Ihis cedif tale vertie on MY COMM. EXP. JUKE 3a, i0i5� Ident ty of the individual wha sxd u1 the documenl to wh ct this certcale is attached, and nol the UulhFulrx�ss, aocuracor validity of the document. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 25-024A CITY OF SANTA ANA Page 40 of 46 City Council 14 - 32 5/6/2025 (z) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: `"� C. Q Title: President Firm: SenseMakers LLC Date: March 6, 2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 25-024A CITY OF SANTA ANA Page 41 of 46 City Council 14 — 33 5/6/2025 (2) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant's non-comRlkl�ianc�"th_the_n__cndi$cr_imina-tion-cl_auses of_this _contr_a Lar with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract RFP 25-024A CITY OF SANTA ANA Page 42 of 46 City Council 14 — 34 5/6/2025 9)( CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: President Firm: SenseMakers LLC Date: March 6, 2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 25-024A CITY OF SANTA ANA Page 43 of 46 City Council 14 — 35 5/6/2025 (9) [a]kWK91a 1 ► _ T ► ATTACHMENT G SAM.GOV UEI VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: CJ7NZTXMVKC5 SAM.gov Registration Expiration Date: November 12, 2025 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 25-024A CITY OF SANTA ANA Page 44 of 46 City Council 14 — 36 5/6/2025 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SenseMakers LLC Consultant James E. Bailey, President Name and Title of Official Authorized to Certify On Behalf of the Consultant Date RFP 25-D24A CITY OF SANTA ANA Pape 45 of 46 City Council 14 — 37 5/6/2025 Police Department www.santa-ana.org/pd Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Automated License Plate Recognition Camera Installation and Maintenance Services AGENDA TITLE Agreements with Flock Group, Inc. and Motorola Solutions, Inc. for Automated License Plate Recognition Camera Installation and Maintenance Services (Specification No. 25- 034) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a three-year agreement with Flock Group, Inc. to provide automated license plate recognition camera installation and maintenance services, for the estimated period of May 6, 2025 through May 5, 2028, with provision for one, two-year extension, for an amount of $196,560 plus a contingency amount of $15,000, for a total amount not to exceed $211,560. (Agreement No. A-2025-XXX). 2. Authorize the City Manager to execute a five-year agreement with Motorola Solutions, Inc. to provide automated license plate recognition camera installation and maintenance services, for the estimated period of May 6, 2025 through May 5, 2030, for an amount of $454,099 plus a contingency amount of $40,000, for a total amount not to exceed $494,099. (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Police Department strives to provide effective police services with integrity, respect, and compassion while fostering strong partnerships with the community it serves. Utilizing available technology that aligns with the City's law enforcement practices remains a top priority. In support of these objectives, staff proposes adoption of an Automated License Plate Recognition (ALPR) program in the City of Santa Ana to significantly enhance the Police Department's ability to provide effective public safety services. ALPR technology allows officers to focus on community engagement and proactive policing while the system automatically scans and processes thousands of license plates daily. ALPR systems capture data such as date, time, location, license plate details (state, City Council 15 — 1 5/6/2025 Automated License Plate Recognition Camera Installation and Maintenance Services May 6, 2025 Page 2 partial, paper, and no plate), and vehicle information (type and color). These features allow for retroactive search capabilities to investigate crimes. Moreover, ALPR systems utilize real-time alerting for "hotlist" vehicles, which include stolen vehicles, vehicles used in crimes, and vehicles associated with wanted criminals and missing persons. This feature allows for the immediate notification and response of police personnel to stop, investigate, and apprehend wanted criminals. ALPR technology gathers unbiased evidence while preserving individual privacy. The system does not identify, photograph, or record vehicle occupants. It does not access any personal information and does not employ facial recognition capabilities. The data collected by ALPR cameras is entirely anonymous and utilized for law enforcement investigations only. With current staffing deficits within the Police Department, an ALPR program will help close the gap in service by leveraging technology to support policing efforts to effectively respond to and investigate criminal incidents. By enhancing our response capabilities, we can more effectively deter crime and improve overall community safety. Implementing ALPR technology in Santa Ana can enhance trust within our community by ensuring that policing efforts are data -driven and focused on actual crime trends, while reducing police contacts perceived to be prejudicial or arbitrary. The ability to gather timely and specific vehicle data can determine whether or not police personnel can obtain crucial evidence to assist in bringing justice to victims of crime in our city. Santa Ana Ordinance No. NS-3041 authorizes the City to purchase contracts from any public agency utilizing a competitive bid process. Omnia Partners, Inc. awarded contract #23-6692-03, with Insight Public Sector, Inc., an authorized indirect reseller of Flock Group, Inc. for Installation of Safety Cameras, and the University of California Irvine Agreement (UCI) No. MCAV20230220 for Motorola Solutions, Inc. safety camera products and services were awarded as a result of open, competitive bidding, and meets the City's requirement. Staff researched available procurement options and product offerings in the market and determined that Flock Group, Inc.'s automated license plate recognition cameras provide access to an extensive network of outside law enforcement agencies' data. In addition, the automated license plate recognition cameras offered by Motorola Solutions, Inc. will augment an existing ALPR network partnership with surrounding municipalities and accommodate the department's need for flexibility with mobile camera units to be attached to patrol vehicles. Therefore, staff recommends authorizing agreements with Flock Group, Inc. and Motorola Solutions, Inc. for installation and implementation of automated license plate recognition cameras in the City of Santa Ana to assist the Santa Ana Police Department in identifying, locating and apprehending suspects who may have caused harm to members of the Santa Ana and surrounding communities. The official period of performance of the Flock Group agreement is subject to change as the term will depend on the date the cameras are validated by both parties as operational. The official period of performance of the Motorola agreement is subject to change as the term will depend on the date of the last signature on the agreement and/or each Addendum. City Council 15 — 2 5/6/2025 Automated License Plate Recognition Camera Installation and Maintenance Services May 6, 2025 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 24-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description FY 24-25 12814407-66511 Law Enforcement SLESA, Computer $168,432 Grants Software Subscriptions FY 25-26 12814407-66511 Law Enforcement SLESA, Computer $153,317 Grants Software Subscriptions FY 26-27 12814407-66511 Law Enforcement SLESA, Computer $153,317 Grants Software Subscriptions FY 27-28 12814407-66511 Law Enforcement SLESA, Computer $ 87,797 Grants Software Subscriptions FY 28-29 12814407-66511 Law Enforcement SLESA, Computer $ 87,796 Grants Software Subscriptions Contingency $ 55,000 Total $705,659 The amounts above are based on annual payments to Flock Group, Inc. and Motorola Solutions, Inc., which occur at the beginning of each subscription year. This also includes estimated contingency funds allotted for each vendor to cover unplanned expenditures over the terms of the respective agreements. EXHIBIT(S) 1. Master Services Agreement with Flock Group, Inc. 2. Motorola Solutions Customer Agreement with Motorola Solutions, Inc. Submitted By: Robert Rodriguez, Chief of Police Approved By: Alvaro Nunez, City Manager City Council 15 — 3 5/6/2025 Exhibit 1 Master Services Agreement This Master Services Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 ("Flock") and the entity identified in the signature block ("Customer") (each a "Party," and together, the "Parties"). This Agreement is effective on the date of mutual execution ("Effective Date"). Parties will sign an Order Form ("Order Form") which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. RECITALS WHEREAS, Flock offers a software and hardware situational awareness solution through Flock's technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer ("Notifications"); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock's standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, ("Permitted Purpose") City Council 15 — 4 5/6/2025 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1. 1.1 "Agreement" means the order form (to be provided as Exhibit A, "Order Form"), these terms and conditions, and any document therein incorporated by reference in section 11.4. 1.2 "Anonymized Data" means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly. 1.3 "Authorized End User(s)" means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement. 1.4 "Customer Data" means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage. 1.5. "Customer Hardware" means the third -party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. 1.6 "Effective Date" means the date this Agreement is mutually executed (valid and enforceable) by both Parties. 1.7 "Embedded Software" means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware. 1.8 "Flock Hardware" means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form. 1.9 "Flock IP" means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below). 1.10 "Flock Services" means the provision of Flock's software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage. City Council 15 — 5 5/6/2025 1.11 "Footage" means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services. 1.12 "Installation Services" means the services provided by Flock for installation of Flock Services. 1.13 "Permitted Purpose" means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law. 1.14 "Retention Period" means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices. 1.15 "Term" means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational. 1.16 "Web Interface" means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services. City Council 15 — 6 5/6/2025 2. SERVICES AND SUPPORT 2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non -transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Customer shall be responsible for all acts and omissions of Authorized End Users. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage). 2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services. 2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on -site support and maintenance services in -person, via phone or by email at supportgflocksafety.com (such services collectively referred to as "Support Services'). 2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock's products or services to its agencies, the competitive strength of, or market for, Flock's products or services, such platform or system's cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock's provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third -party services required for Services are interrupted; (c) if Services are being used for City Council 15 — 7 5/6/2025 malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer's direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term. 2.6 Service Suspension. Flock may temporarily suspend Customer's and any Authorized End User's access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer's account ("Service Suspension"). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension. 2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately. City Council 15 — 8 5/6/2025 3. CUSTOMER OBLIGATIONS 3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer -issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as "Customer Obligations'. 3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content. 4. DATA USE AND LICENSING 4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty -free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data. City Council 15 — 9 5/6/2025 4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer ("Customer Generated Data'. Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer's intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty -free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data. 4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data. 5. CONFIDENTIALITY; DISCLOSURES 5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own City Council 15 — 10 5/6/2025 proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. 5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or City Council 15 —11 5/6/2025 otherwise transfer, convey, pledge as security, or otherwise encumber, Customer's rights. There are no implied rights. 5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations. 6. PAYMENT OF FEES 6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days' prior written notice to Customer of the payment delinquency before exercising any suspension right. 6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days' notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms. 6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer City Council 15 — 12 5/6/2025 any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. VAII04;7U/:11121IMIN;7u1WE%Ifflei 7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Term"). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Term") unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. 7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period ("Cure Period"). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre -paid fees for Services not received due to such termination. 7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and 11.6. City Council 15 — 13 5/6/2025 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER 8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Customer must notify Flock's technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock. 8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware. 8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A City Council 15 — 14 5/6/2025 PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6. 8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B. 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions. 9. LIMITATION OF LIABILITY; INDEMNITY 9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED TWO (2) TIMES THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE City Council 15 — 15 5/6/2025 STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS. 9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees. 9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its City Council, agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of. (i) infringement of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock's installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock's performance of this indemnity obligation shall not exceed two (2) times the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months. 10. INSTALLATION SERVICES AND OBLIGATIONS 10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's City Council 15 — 16 5/6/2025 rights to any damages Flock may sustain as a result of Customer's default and Flock shall have the right to enforce any other legal remedy or right. 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan ("Deployment Plan"). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer. 10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees. 10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation. 10.5 Flock's Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock's use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock's obligations under this Agreement. City Council 15 — 17 5/6/2025 11. MISCELLANEOUS 11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). 11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. 11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction. 11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer's purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature. 11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. City Council 15 — 18 5/6/2025 11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer's prior written consent and the mutual execution by authorized representatives ("Special Terms"). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer's name and disclose the nature of the Services in business and development and marketing efforts. Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party's name as an endorsement of product/service. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation ("FAR"), section 2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according to the Department of Defense Federal Acquisition Regulation ("DFAR") section 252.2277014(a)(1) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. City Council 15 — 19 5/6/2025 Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections. 11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date. 11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise. 11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. 11.15 Non -Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost. FLOCK NOTICES ADDRESS: 1170 HOWELL MILL ROAD, NW SUITE 210 ATLANTA, GA 30318 ATTN: LEGAL DEPARTMENT EMAIL: legal@flocksafety.com City Council 15 — 20 5/6/2025 1"T TQ"Fnnnrn ATn rT0VQ A TlTNDrQQ- Docusign Envelope ID: 2F7B304A-64A8-4A66-A930-3D7B2C2F92D1 City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 WITH COURTESY COPIES TO: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: I J� TAMARA BOGOSIAN Senior Assistant City Attorney FLOCK GROUP INC. /�,Signeed by: (�VIA�1- SDbll A, By: CITY OF SANTA ANA ALVARO NUNEZ City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIG Chief of Police City Council 15 — 21 5/6/2025 Flock Safety + CA - Santa Ana PD Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 MAIN CONTACT: Larry Barsocchini larry.barsocchini@flocksafety.com 408.317.8617 W. f fork safety Docusign Envelope ID: B18AD992-3838-4933-A52C-937DA5lE44F4 f 4"ock safety Customer: CA - Santa Ana PD Legal Entity Name: CA - Santa Ana PD Accounts Payable Email: Address: 60 Civic Ctr Santa Ana, California 92701 Hardware and Software Products Annual recurring amounts over subscription term Flock Safety Bundles Dual Solar LPR - Standard Bundle, fka Falcon Flock Safety LPR Products Flock Safety LPR, fka Falcon Solar LPR, fka Solar Falcon Flock Safety Platform Add Ons Extended data retention (Up to 1 Year) Professional Services and One Time Purchases One Time Fees Flock Safety Professional Services Professional Services - Existing Infrastructure Implementation Fee Professional Services - Standard Implementation Fee Professional Services - Solar Bundle Implementation Fee Professional Services - MASH Tested Pole Implementation Fee - Non -Coastal Region EXHIBIT A ORDER FORM Initial Term: 36 Months Renewal Term: 24 Months Payment Terms: Net 30 Billing Frequency: Annual Plan - First Year Invoiced at Signing. Retention Period: 365 Days Included 9 Included Included 6 Included Included 18 Included Included 24 Included $0.00 5 $0.00 $0.00 1 $0.00 $0.00 9 $0.00 $0.00 1 $0.00 Subtotal Year 1: $65,520.00 Annual Recurring Subtotal: $65,520.00 Discounts: $19,390.00 Estimated Tax: $0.00 City Council 15 — 23 5/6/2025 Docusign Envelope ID: B18AD992-3838-4933-A52C-937DA5lE44F4 Contract Total: $196,560.00 Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Term') unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires self - installation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement. Special Terms: • The parties mutually agree that the total amount of any additional services, provided by Flock pursuant to this agreement, payable by the Customer shall not exceed $211,560, inclusive of a contingency, for the aforementioned additional services, of $15,000. City Council 15 — 24 5/6/2025 Docusign Envelope ID: B18AD992-3838-4933-A52C-937DA5lE44F4 Billing Schedule Year 1 At Contract Signing $65,520.00 Annual Recurring after Year 1 $65,520.00 Contract Total $196,560.00 *Tax not included Discounts i i Flock Safety Platform $0.00 Flock Safety Add-ons $8,640.00 Flock Safety Professional Services $10,750.00 City Council 15 — 25 5/6/2025 Docusign Envelope ID: B18AD992-3838-4933-A52C-937DA5lE44F4 Product and Services Description Law enforcement grade infrastructure -free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint TM technology (proprietary Flock Safety LPR, fka Falcon machine learning software) and real-time alerts for unlimited users. Professional Services - Existing One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, Infrastructure Implementation Fee and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Extended data retention (Up to 1 Year) Extended data retention for up to 1 year for 1 Law Enforcement grade Falcon camera. Dual Solar LPR - Standard Bundle, fka Falcon Two solar -powered fixed standard -range LPR cameras on the same pole Professional Services - Standard One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance Implementation Fee with the Flock Safety Standard Implementation Service Brief. Standard range license plate recognition camera with Vehicle Fingerprint TM technology (proprietary machine learning software) and real-time alerts Solar LPR, fka Solar Falcon for unlimited users, with LTE Professional Services - Solar One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance Bundle Implementation Fee with the Flock Safety Standard Implementation Service Brief. Professional Services - MASH Tested Pole Implementation Fee - Non -Coastal Region MASH tested pole that meets DOT crashworthiness requirements. Includes materials, installation, and maintenance. City Council 15 — 26 5/6/2025 Docusign Envelope ID: B18AD992-3838-4933-A52C-937DA5lE44F4 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Customer: CA - Santa Ana PD Signed by: kA& SKA& See attached By: P By: Mark smith Name: Name: General Counsel Title: Title: 4/29/2025 Date: Date: PO Number: Customer: CA - Santa Ana PD Ely_ See attached Name, Title, Date: PO Number: City Council 15 — 27 5/6/2025 By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at httgs:uwww.flocksafetty.comiterms-and-conditions The Parties have executed this Agreement as of the dates set forth below. CITY OF SANTA ANA ALVARO NUNEZ City Manager Customer: CA - Santa Ana PD r. By. r fL'r W ILL Name: ail L �L�1 d PI)L jt� Title: L4 ` 10 — Date: PO Number: APPROVED AS TO FORM: SONIA R. C RVALHO City Attorn By: i Name: TAMARA BOGOSIAN Title: Senior Assistant City Attorney Date: ATTEST: By: Name: JENNIFER L. HALL Title: City Clerk Date: City Council 15 — 28 5/6/2025 EXHIBIT B INSURANCE Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than "A" and "VII". Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage. Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement: (i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad -form property damage, and product and completed operations coverage; (ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non -owned and hired automobile coverage; and City Council 15 — 29 5/6/2025 (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000); and (vi) Workers' Compensation as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. The above required insurance policies are to contain or be endorsed to contain the following provisions: a. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be added as additional insureds, under Flock's commercial general liability, automobile liability and cyber liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Company including materials, parts, equipment, and personnel furnished in connection with such work or operations. b. Flock's insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the commercial general liability and worker's compensation policies which arise from work performed by Company under this Agreement. c. For any claims related to this contract, Company's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. d. A severability of interest provision must apply for all the additional insureds, ensuring that Company's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. e. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. £ Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Gil Hernandez, Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana, CA 92701. If applicable, the name and location of project must be included in the Description of Operations section of each certificate. City Council 15 — 30 5/6/2025 Exhibit 2 Motorola Solutions Customer Agreement This Motorola Solutions Customer Agreement (the "MCA") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below ("Customer"). Motorola and Customer will each be referred to herein as a "Party" and collectively as the "Parties". This Agreement (as defined below) is effective as of the date of the last signature (the "Effective Date"). Agreement. 1.1. Scope; Agreement Documents. This MCA governs Customer's purchase of Products (as defined below) and Services (as defined below) from Motorola. Additional terms and conditions applicable to specific Products and Services are set forth in one or more addenda attached to this MCA (each an "Addendum", and collectively the "Addenda"). In addition, the Parties may agree upon solution descriptions, equipment lists, statements of work, schedules, technical specifications, and other ordering documents setting forth the Products and Services to be purchased by Customer and provided by Motorola and additional rights and obligations of the Parties (the "Ordering Documents"). To the extent required by applicable procurement law, a proposal submitted by Motorola in response to a competitive procurement process will be included within the meaning of the term Ordering Documents. This MCA, the Addenda, and any Ordering Documents collectively form the Parties' "Agreement". 1.2. Order of Precedence. Each Addendum will control with respect to conflicting terms in the MCA, but only as applicable to the Products and Services described in such Addendum. Each Ordering Document will control with respect to conflicting terms in the MCA or any Addenda, but only as applicable to the Products and Services described on such Ordering Document. 2. Products and Services. 2.1. Products. Motorola will (a) sell hardware provided by Motorola ("Equipment"), (b) license software which is either preinstalled on Equipment or installed on Customer -Provided Equipment (as defined below) and licensed to Customer by Motorola for a perpetual or other defined license term ("Licensed Software"), and (c) license cloud -based software as a service products and other software which is either preinstalled on Equipment or installed on Customer -Provided Equipment, but licensed to Customer by Motorola on a subscription basis ("Subscription Software") to Customer, to the extent each is set forth in an Ordering Document, for Customer's own use in accordance with this Agreement. The Equipment, Licensed Software, and Subscription Software shall collectively be referred to herein as "Products", or individually as a "Product". At any time during the Term (as defined below), Motorola may substitute any Products at no cost to Customer, if the substitute is substantially similar to the Products set forth in the applicable Ordering Documents. 2.2. Services. 2.2.1. Motorola will provide services related to purchased Products ("Services"), to the extent set forth in an Ordering Document. 2.2.2. Integration Services; Maintenance and Support Services. If specified in an Ordering Document, Motorola will provide, for the term of such Ordering Document, (a) design, deployment, and integration Services in order to design, install, set up, configure, and/or integrate the applicable Products at the applicable locations ("Sites"), agreed upon by the Parties ("Integration Services"), or (b) Motorola Customer Agreement 1 City Council 15 — 31 5/6/2025 break/fix maintenance, technical support, or other Services (such as software integration Services) ("Maintenance and Support Services"), each as further described in the applicable statement of work. Maintenance and Support Services and Integration Services will each be considered "Services", as defined above. 2.2.3. Service Ordering Documents. The Fees for Services will be set forth in an Ordering Document and any applicable project schedules. A Customer point of contact will be set forth in the applicable statement of work for the Services. For purposes of clarity, each statement of work will be incorporated into, and form an integral part of, the Agreement. 2.2.4. Service Completion. Unless otherwise specified in the applicable Ordering Document, Services described in an Ordering Document will be deemed complete upon Motorola's performance of all Services listed in such Ordering Document ("Service Completion Date"); provided, however, that Maintenance and Support Services may be offered on an ongoing basis during a given Ordering Document term, in which case such Maintenance and Support Services will conclude upon the expiration or termination of such Ordering Document. 2.3. Non -Preclusion. If, in connection with the Products and Services provided under this Agreement, Motorola makes recommendations, including a recommendation to purchase other products or services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement standards or other laws, regulations, or policies. 2.4. Customer Obligations. Customer will ensure that information Customer provides to Motorola in connection with receipt of Products and Services are accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to provide the Products and Services and perform its other duties under this Agreement. Unless the applicable Ordering Document states otherwise, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions or Customer information, decisions, or approvals described in this Section. If any assumptions in the Ordering Documents or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its obligations under this Agreement, Motorola's ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required. 2.5. Documentation. Products and Services may be delivered with documentation for the Equipment, software Products, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information (collectively, "Documentation"). Documentation is and will be owned by Motorola, unless otherwise expressly agreed in an Addendum or Ordering Document that certain Documentation will be owned by Customer. Motorola hereby grants Customer a limited, royalty -free, worldwide, non-exclusive license to use the Documentation solely for its internal business purposes in connection with the Products and Services. 2.6. Motorola Tools and Equipment. As part of delivering the Products and Services, Motorola may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on an Ordering Document. The tools and equipment may be held by Customer for Motorola's use without charge and may be removed from Customer's Motorola Customer Agreement 2 City Council 15 — 32 5/6/2025 premises by Motorola at any time without restriction. Customer will safeguard all tools and equipment while in Customer's custody or control, and be liable for any loss or damage. Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to Motorola all tools and equipment in its possession or control. 2.7. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Users' names, passwords and login credentials for access to Products and Services. "Authorized Users" are Customer's employees, full-time contractors engaged for the purpose of supporting the Products and Services that are not competitors of Motorola, and the entities (if any) specified in an Ordering Document or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies. 2.8. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products and Services in any jurisdiction in which the provision of such Products and Services is prohibited under applicable laws or regulations (a "Prohibited Jurisdiction"), and Customer will not provide access to the Products and Services to any government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located. 2.9. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or an Ordering Document by submitting a change order to the other Party (each, a "Change Order"). If a requested change in a Change Order causes an increase or decrease in the Products or Services, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties. 3. Term and Termination. 3.1. Term. The term of this MCA ("Term") will commence on the Effective Date and continue until six (6) months after the later of (a) the termination, expiration, or discontinuance of services under the last Ordering Document in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein. The applicable Addendum or Ordering Document will set forth the term for the Products and Services governed thereby. 3.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Ordering Document if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Ordering Document may be separately terminable as set forth therein. 3.3. Suspension of Services. Motorola may terminate or suspend any Products or Services under an Ordering Document if Motorola determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, Motorola Customer Agreement 3 City Council 15 — 33 5/6/2025 operating system, or version not approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola's ability to perform. 3.4. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement, an Addendum, or an Ordering Document, Customer and the Authorized Users will return or destroy (at Motorola's option) all Motorola Materials and Motorola's Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. If Customer has any outstanding payment obligations under this Agreement, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notwithstanding the reason for termination or expiration, Customer must pay Motorola for Products and Services already delivered. Customer has a duty to mitigate any damages under this Agreement, including in the event of default by Motorola and Customer's termination of this Agreement. 4. Payment and Invoicing. 4.1. Fees. Fees and charges applicable to the Products and Services (the "Fees") will be as set forth in the applicable Addendum or Ordering Document, and such Fees may be changed by Motorola at any time, except that Motorola will not change the Fees for Products and Services purchased by Customer during the term of an active Ordering Document or during a Subscription Term (as defined and further described in the applicable Addendum). Changes in the scope of Services described in an Ordering Document may require an adjustment to the Fees due under such Ordering Document. If a specific invoicing or payment schedule is set forth in the applicable Addendum or Ordering Document, such schedule will apply solely with respect to such Addendum or Ordering Document. Unless otherwise specified in the applicable Ordering Document, the Fees for any Services exclude expenses associated with unusual and costly Site access requirements (e.g., if Site access requires a helicopter or other equipment), and Customer will reimburse Motorola for these or other expenses incurred by Motorola in connection with the Services. 4.2. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, "Taxes"), all of which will be paid by Customer, except as exempt by law, unless otherwise specified in an Ordering Document. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes (including any interest and penalties) within thirty (30) days after Customer's receipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth. 4.3. Invoicing. Motorola will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in the applicable Addendum or Ordering Document. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date. Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document. Customer acknowledges and agrees that a purchase order or other notice to proceed is not required for payment for Products or Services. 5. Sites; Customer -Provided Equipment; Non -Motorola Content. 5.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, Motorola Customer Agreement 4 City Council 15 — 34 5/6/2025 and for facilitating Motorola's access to the Sites. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void. 5.2. Site Conditions. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 5.3. Site Issues. Motorola will have the right at any time to inspect the Sites and advise Customer of any deficiencies or non -conformities with the requirements of this Section 5 — Sites; Customer -Provided Equipment; Non -Motorola Content. If Motorola or Customer identifies any deficiencies or non -conformities, Customer will promptly remediate such issues or the Parties will select a replacement Site. If a Party determines that a Site identified in an Ordering Document is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Ordering Document. 5.4. Customer -Provided Equipment. Certain components, including equipment and software, not provided by Motorola may be required for use of the Products and Services ("Customer - Provided Equipment"). Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer -Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer -Provided Equipment to permit Motorola to access and use the applicable Customer -Provided Equipment to provide the Products and Services under this Agreement, and such access and use will not violate any laws or infringe any third - party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer -Provided Equipment, and Customer will immediately notify Motorola of any Customer -Provided Equipment damage, loss, change, or theft that may impact Motorola's ability to provide the Products and Services under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document. 5.5. Non -Motorola Content. In certain instances, Customer may be permitted to access, use, or integrate Customer or third -party software, services, hardware, content, and data that is not provided by Motorola (collectively, "Non -Motorola Content") with or through the Products and Services. If Customer accesses, uses, or integrates any Non -Motorola Content with the Products or Services, Customer will first obtain all necessary rights and licenses to permit Customer's and its Authorized Users' use of the Non -Motorola Content in connection with the Products and Services. Customer will also obtain the necessary rights for Motorola to use such Non -Motorola Content in connection with providing the Products and Services, including the right for Motorola to access, store, and process such Non -Motorola Content (e.g., in connection with Subscription Software), and to otherwise enable interoperation with the Products and Services. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non -Motorola Content with the Products and Services, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non -Motorola Content. If any Non -Motorola Content require access to Customer Data (as Motorola Customer Agreement 5 City Council 15 — 35 5/6/2025 defined below), Customer hereby authorizes Motorola to allow the provider of such Non -Motorola Content to access Customer Data, in connection with the interoperation of such Non -Motorola Content with the Products and Services. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with respect to, the Non -Motorola Content (including any disclosure, modification, or deletion of Customer Data resulting from use of Non -Motorola Content or failure to properly interoperate with the Products and Services). If Customer receives notice that any Non -Motorola Content must be removed, modified, or disabled within the Products or Services, Customer will promptly do so. Motorola will have the right to disable or remove Non -Motorola Content if Motorola believes a violation of law, third -party rights, or Motorola's policies is likely to occur, or if such Non -Motorola Content poses or may pose a security or other risk or adverse impact to the Products or Services, Motorola, Motorola's systems, or any third party (including other Motorola customers). Motorola may provide certain Non - Motorola Content as an authorized sales representative of a third party as set out in an Ordering Document. As an authorized sales representative, the third party's terms and conditions, as set forth in the Ordering Document, will apply to any such sales. Any orders for such Non -Motorola Content will be filled by the third party. Nothing in this Section will limit the exclusions set forth in Section 7.2 — Intellectual Property Infringement. 5.6. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Non -Motorola Content software are governed by a separate license, EULA, or other agreement, including terms governing third -party equipment or software, such as open source software, included in the Products and Services. Customer will comply, and ensure its Authorized Users comply, with any such additional terms applicable to third -party equipment or software. If provided for in the separate third party license, Customer may have a right to receive source code for such software; a copy of such source code may be obtained free of charge by contacting Motorola. 6. Representations and Warranties. 6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the right to enter into the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party. 6.2. Motorola Warranties. Subject to the disclaimers and exclusions below, Motorola represents and warrants that (a) Services will be provided in a good and workmanlike manner and will conform in all material respects to the descriptions in the applicable Ordering Document; and (b) for a period of ninety (90) days commencing upon the Service Completion Date for one- time Services, the Services will be free of material defects in materials and workmanship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the applicable Addendum or Ordering Document. Motorola provides other express warranties for Motorola -manufactured Equipment, Motorola -owned software Products, and certain Services. Such express warranties are included in the applicable Addendum or Ordering Document. Such representations and warranties will apply only to the applicable Product or Service that is the subject of such Addendum or Ordering Document. 6.3. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim prior to the expiration of any warranty period set forth in this MCA or the applicable Addendum or Ordering Document. Unless a different remedy is otherwise expressly set forth for a particular warranty under an Addendum, upon receipt of such claim, Motorola will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed materially non -conforming Product or re -perform any non -conforming Service, at its option. Such remedies are Customer's sole and exclusive remedies for Motorola's breach of a warranty. Motorola Customer Agreement 6 City Council 15 — 36 5/6/2025 Motorola's warranties are extended by Motorola to Customer only, and are not assignable or transferrable. 6.4. Pass -Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have no liability for third -party software or hardware provided by Motorola; provided, however, that to the extent offered by third -party providers of software or hardware and to the extent permitted by law, Motorola will pass through express warranties provided by such third parties. 6.5. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WARRANTIES SET FORTH IN THE AGREEMENT ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS AND SERVICES AND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUALITY. MOTOROLA DOES NOT REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY WILL MEET CUSTOMER'S PARTICULAR REQUIREMENTS. 7. Indemnification. 7.1. General Indemnity. Motorola will defend, indemnify, and hold Customer, its City Council, employees, agents and representatives harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from and against any and all actual or threatened third -party claim, demand, action, or proceeding ("Claim") for personal injury, death, or direct damage to tangible property to the extent caused by Motorola's negligence, gross negligence or willful misconduct while performing its duties and obligations under this Agreement, an Ordering Document, or an Addendum, except to the extent the claim arises from Customer's negligence or willful misconduct. Motorola's duties under this Section 7.1 — General Indemnity are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise, except that Customer's express prior written consent shall be required for any such settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Claim. 7.2. Intellectual Property Infringement. Motorola will defend Customer against any third -party claim alleging that a Motorola -developed or manufactured Product or Service (the "Infringing Product") directly infringes a United States patent or copyright ("Infringement Claim"), and Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by Motorola in settlement of an Infringement Claim. Motorola's duties under this Section 7.2 — Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise, except that Customer's express prior written consent shall be required for any such settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Infringement Claim. 7.2.1. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non -infringing; or (c) grant Customer (i) a pro -rated refund of any Motorola Customer Agreement 7 City Council 15 — 37 5/6/2025 amounts pre -paid for the Infringing Product (if the Infringing Product is a software Product, i.e., Licensed Software or Subscription Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded software). 7.2.2. In addition to the other damages disclaimed under this Agreement, Motorola will have no duty to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer -Provided Equipment, Non -Motorola Content, or third -party equipment, hardware, software, data, or other third -party materials; (b) the combination of the Product or Service with any products or materials not provided by Motorola; (c) a Product or Service designed, modified, or manufactured in accordance with Customer's designs, specifications, guidelines or instructions; (d) a modification of the Product or Service by a party other than Motorola; (e) use of the Product or Service in a manner for which the Product or Service was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product or Service, after a reasonable time of receiving notification of update by Motorola, that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from an Infringement Claim extend in any way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the Infringing Product. 7.2.3. This Section 7.2 — Intellectual Property Infringement provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. For clarity, the rights and remedies provided in this Section are subject to, and limited by, the restrictions set forth in Section 8 — Limitation of Liability below. 7.3. Customer Indemnity. Customer will defend, indemnify, and hold Motorola and its subcontractors harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third - party claim, demand, action, or proceeding to the extent caused by (a) Customer -Provided Equipment, Customer Data, or Non -Motorola Content, including any claim, demand, action, or proceeding alleging that any such equipment, data, or materials (or the integration or use thereof with the Products and Services) infringes or misappropriates a third -party intellectual property or other right, violates applicable law, or breaches the Agreement; (b) Customer -Provided Equipment's failure to meet the minimum requirements set forth in the applicable Documentation or match the applicable specifications provided to Motorola by Customer in connection with the Products or Services; (c) Customer's (or its service providers, agents, employees, or Authorized User's) negligence or willful misconduct; and (d) Customer's or its Authorized User's breach of this Agreement. This indemnity will not apply to the extent any such claim is caused by Motorola's use of Customer -Provided Equipment, Customer Data, or Non -Motorola Content in violation of the Agreement. Motorola will give Customer prompt, written notice of any claim subject to the foregoing indemnity. Motorola will, at its own expense, cooperate with Customer in its defense or settlement of the claim. 8. Limitation of Liability. 8.1. DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, MOTOROLA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "MOTOROLA PARTIES") WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA'S INDEMNITY OBLIGATIONS, A Motorola Customer Agreement 8 City Council 15 — 38 5/6/2025 CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE. 8.2. DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF THE MOTOROLA PARTIES, WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER. NOTWITHSTANDING THE FOREGOING, FOR ANY SUBSCRIPTION SOFTWARE OR FOR ANY RECURRING SERVICES, THE MOTOROLA PARTIES' TOTAL LIABILITY FOR ALL CLAIMS RELATED TO SUCH PRODUCT OR RECURRING SERVICES IN THE AGGREGATE WILL NOT EXCEED THE TOTAL FEES PAID FOR SUCH SUBSCRIPTION SOFTWARE OR RECURRING SERVICE, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE. 8.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER -PROVIDED EQUIPMENT, NON-MOTOROLA CONTENT, THE SITES, OR THIRD -PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD -PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE FOREGOING; (C) LOSS OF DATA OR HACKING, RANSOMWARE, OR OTHER THIRD -PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH OR BYTHE PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER'S OR ANY AUTHORIZED USER'S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES. 8.4. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed issues in Section 8.3 — Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable. 8.5. Statute of Limitations. Customer may no connection with this Agreement or the Products date of accrual of the cause of action. 9. Confidentiality. t bring any claims against a Motorola Party in and Services more than one (1) year after the 9.1. Confidential Information. "Confidential Information" means any and all non-public information provided by one Party ("Discloser") to the other ("Recipient") that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reasonable businessperson would consider non-public and confidential by its nature. With respect to Motorola, Confidential Information will also include Products and Services, and Documentation, as well as any other information relating to the Products and Services. The nature and existence of this Agreement are considered Confidential Information of the Parties. In order to be considered Motorola Customer Agreement 9 City Council 15 — 39 5/6/2025 Confidential Information, information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by Discloser by submitting a written document to Recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. 9.2. Obligations of Confidentiality. During the Term and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (a) not disclose Confidential Information to any third party, except as expressly permitted in this Section 9 - Confidentiality; (b) restrict disclosure of Confidential Information to only those employees (including, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must access the Confidential Information for the purpose of, and who are bound by confidentiality terms substantially similar to those in, this Agreement; (c) not copy, reproduce, reverse engineer, de -compile or disassemble any Confidential Information; (d) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (e) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (f) only use the Confidential Information as needed to fulfill its obligations and secure its rights under this Agreement. 9.3. Exceptions. Recipient is not obligated to maintain as confidential any information that Recipient can demonstrate by documentation (a) is publicly available at the time of disclosure or becomes available to the public without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality to Discloser; (c) is otherwise lawfully known to Recipient prior to such disclosure without a duty of confidentiality to Discloser; or (d) is independently developed by Recipient without the use of, or reference to, any of Discloser's Confidential Information or any breach of this Agreement. Additionally, Recipient may disclose Confidential Information to the extent required by law, including a judicial or legislative order or proceeding. 9.4. Ownership of Confidential Information. All Confidential Information is and will remain the property of Discloser and will not be copied or reproduced without the express written permission of Discloser (including as permitted herein). Within ten (10) days of receipt of Discloser's written request, Recipient will return or destroy all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain (a) one (1) archival copy of the Confidential Information for use only in case of a dispute concerning this Agreement and (b) Confidential Information that has been automatically stored in accordance with Recipient's standard backup or recordkeeping procedures, provided, however that Recipient will remain subject to the obligations of this Agreement with respect to any Confidential Information retained subject to clauses (a) or (b). No license, express or implied, in the Confidential Information is granted to the Recipient other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. Discloser represents and warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 10. Proprietary Rights; Data; Feedback. 10.1. Data Definitions. The following terms will have the stated meanings: "Customer Contact Data" means data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes, including marketing, advertising, licensing and sales purposes; "Service Use Data" means data generated by Customer's use of the Products and Services or by Motorola's support of the Products and Services, including personal information, product Motorola Customer Agreement 10 City Council 15 — 40 5/6/2025 performance and error information, activity logs and date and time of use; "Customer Data" means data, information, and content, including images, text, videos, documents, audio, telemetry, location and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Products and Services. Customer Data does not include Customer Contact Data, Service Use Data, or information from publicly available sources or other Third -Party Data or Motorola Data; "Third -Party Data" means information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Products or Services; "Motorola Data" means data owned or licensed by Motorola; "Feedback" means comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including their end users, in connection with or relating to the Products or Services; and "Process" or "Processing" means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 10.2. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de -compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party) (collectively, "Motorola Materials"). The Products and Services, Motorola Data, Third -Party Data, and Documentation, are considered Motorola Materials. Except when Motorola has expressly transferred title or other interest to Customer by way of an Addendum or Ordering Document, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights). For clarity, this Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party to do so. 10.3. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted under this Agreement including the right to Process and use the Customer Data as set forth in Section 10.4 — Processing Customer Data below and in other applicable Addenda. The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and Motorola is the processor, and may engage sub -processors pursuant to Section 10.4.3 — Sub -processors. 10.4. Processing Customer Data. 10.4.1. Motorola Use of Customer Data. To the extent permitted by law, Customer grants Motorola and its subcontractors a right to use Customer Data and a royalty -free, worldwide, non-exclusive license to use Customer Data (including to process, host, cache, store, reproduce, copy, modify, combine, analyze, create derivative works Motorola Customer Agreement 11 City Council 15 — 41 5/6/2025 from such Customer Data and to communicate, transmit, and distribute such Customer Data to third parties engaged by Motorola) to (a) perform Services and provide Products under the Agreement, (b) analyze the Customer Data to operate, maintain, manage, and improve Motorola Products and Services, and (c) create new products and services. Customer agrees that this Agreement, along with the Documentation, are Customer's complete and final documented instructions to Motorola for the processing of Customer Data. Any additional or alternate instructions must be agreed to according to the Change Order process. Customer represents and warrants to Motorola that Customer's instructions, including appointment of Motorola as a processor or sub -processor, have been authorized by the relevant controller. 10.4.2. Collection, Creation, Use of Customer Data. Customer further represents and warrants that the Customer Data, Customer's collection, creation, and use of the Customer Data (including in connection with Motorola's Products and Services), and Motorola's use of such Customer Data in accordance with the Agreement, will comply with all laws and will not violate any applicable privacy notices or infringe any third -party rights (including intellectual property and privacy rights). It is Customer's responsibility to obtain all required consents, provided all necessary notices, and meet any other applicable legal requirements with respect to collection and use (including Motorola's use) of the Customer Data as described in the Agreement. 10.4.3. Sub -processors. Customer agrees that Motorola may engage sub -processors who in turn may engage additional sub -processors to Process personal data in accordance with this Agreement. When engaging sub -processors, Motorola will enter into agreements with the sub -processors to bind them to data processing obligations to the extent required by law. 10.5. Data Retention and Deletion. Except as expressly provided otherwise under the Agreement, Motorola will delete all Customer Data following termination or expiration of this MCA or the applicable Addendum or Ordering Document, with such deletion to occur no later than ninety (90) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to Motorola in writing before expiration or termination, subject to Section 13.9 — Notices. Motorola will have no obligation to retain such Customer Data beyond expiration or termination unless the Customer has purchased extended storage from Motorola through a mutually executed Ordering Document. 10.6. Service Use Data. Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, including the uses described below. Motorola may use Service Use Data to (a) operate, maintain, manage, and improve existing and create new products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users, and (d) to use anonymized or aggregated data for marketing, research or other business purposes. Service Use Data may be disclosed to third parties. It is Customer's responsibility to notify Authorized Users of Motorola's collection and use of Service Use Data and to obtain any required consents, provide all necessary notices, and meet any other applicable legal requirements with respect to such collection and use, and Customer represents and warrants to Motorola that it has complied and will continue to comply with this Section. 10.7. Third -Party Data and Motorola Data. Motorola Data and Third -Party Data may be available to Customer through the Products and Services. Customer and its Authorized Users may use Motorola Data and Third -Party Data as permitted by Motorola and the applicable Third -Party Data Motorola Customer Agreement 12 City Council 15 — 42 5/6/2025 provider, as described in the applicable Addendum. Unless expressly permitted in the applicable Addendum, Customer will not, and will ensure its Authorized Users will not: (a) use the Motorola Data or Third -Party Data for any purpose other than Customer's internal business purposes; (b) disclose the data to third parties; (c) "white label" such data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. Additional restrictions may be set forth in the applicable Addendum. Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third -Party Data will immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or this MCA. Further, Motorola or the applicable Third -Party Data provider may suspend, change, or terminate Customer's or any Authorized User's access to Motorola Data or Third -Party Data if Motorola or such Third -Party Data provider believes Customer's or the Authorized User's use of the data violates the Agreement, applicable law or Motorola's agreement with the applicable Third -Party Data provider. Upon termination of Customer's rights to use any Motorola Data or Third -Party Data, Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola. Notwithstanding any provision of the Agreement to the contrary, Motorola will have no liability for Third -Party Data or Motorola Data available through the Products and Services. Motorola and its Third -Party Data providers reserve all rights in and to Motorola Data and Third -Party Data not expressly granted in an Addendum or Ordering Document. 10.8. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer. Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights. 10.9. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this MCA or the Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola. 11. Force Majeure; Delays Caused by Customer. 11.1. Force Majeure. Except for Customer's payment obligations hereunder, neither Party will be responsible for nonperformance or delayed performance due to events outside of its reasonable control. If performance will be significantly delayed, the affected Party will provide notice to the other Party, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule. 11.2. Delays Caused by Customer. Motorola's performance of the Products and Services will be excused for delays caused by Customer or its Authorized Users or subcontractors, or by failure of any assumptions set forth in this Agreement (including in any Addendum or Ordering Document). In the event of a delay under this Section 11.2 — Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule, and (c) Customer will Motorola Customer Agreement 13 City Council 15 — 43 5/6/2025 compensate Motorola for its out-of-pocket costs incurred due to the delay (including those incurred by Motorola's affiliates, vendors, and subcontractors). 12. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Agreement (each, a "Dispute"): 12.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of Illinois, unless Customer is the United States Government (or an agency thereof), in which case all matters relating to or arising out of the Agreement will be governed by the laws of the State in which the Products and Services are provided. The terms of the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply. 12.2. Negotiation; Mediation. Either Party may initiate dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute") to the other Party. The Parties will attempt to resolve the Dispute promptly through good faith negotiations, including timely escalation of the Dispute to executives who have authority to settle the Dispute (and who are at a higher level of management than the persons with direct responsibility for the matter). If a Dispute is not resolved through negotiation, either Party may initiate mediation by sending a notice of mediation ("Notice of Mediation") to the other Party. The Parties will choose an independent mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. All in person meetings under this Section 12.2 — Negotiation; Mediation will take place in Orange County, California, and all communication relating to the Dispute resolution will be maintained in strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorola's intellectual property rights will not be subject to negotiation or mediation in accordance with this Section, but instead will be decided by a court of competent jurisdiction, in accordance with Section 12.3 — Litigation, Venue, Jurisdiction below. 12.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60) days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in Orange County, California. Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation. 13. General. 13.1. Compliance with Laws. Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its and its Authorized Users' use of the Products and Services complies with law (including privacy laws), and Customer will obtain any FCC and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its Authorized Users' use of the Products and Services. Motorola may, at its discretion, cease providing or otherwise modify Products and Services (or any terms related thereto in an Addendum or Ordering Document), in order to comply with any changes in applicable law. 13.2. Audit; Monitoring. Motorola will have the right to monitor and audit use of the Products, which may also include access by Motorola to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with Motorola in any monitoring or audit. Motorola Customer Agreement 14 City Council 15 — 44 5/6/2025 Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this Agreement to verify compliance with this Agreement. Motorola or a third party ("Auditor") may inspect Customer's and, as applicable, Authorized Users' premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs. 13.3. Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Motorola may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 13.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of any other obligation. All waivers must be in writing and signed by the Party waiving its rights. 13.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to the full extent permitted by applicable law. 13.6. Independent Contractors. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership, or formal business organization of any kind. 13.7. Third -Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third -party software included in the software Products will be a direct and intended third -party beneficiary of this Agreement. 13.8. Interpretation. The section headings in this Agreement are included only for convenience The words "including" and "include" will be deemed to be followed by the phrase "without limitation". This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 13.9. Notices. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or DHQ, and will be effective upon receipt. 13.10. Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as Motorola Customer Agreement 15 City Council 15 — 45 5/6/2025 specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise. 13.11. Survival. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 2.4 — Customer Obligations; Section 3.4 — Effect of Termination or Expiration; Section 4 — Payment and Invoicing; Section 6.5 — Warranty Disclaimer; Section 7.3 — Customer Indemnity; Section 8 — Limitation of Liability; Section 9 — Confidentiality; Section 10 — Proprietary Rights; Data; Feedback; Section 11 — Force Majeure; Delays Caused by Customer; Section 12 — Disputes; and Section 13 — General. 13.12. Insurance Motorola shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, damages to property (including computer equipment), theft, or other misuse of Motorola's data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Motorola, its agents, representatives, or employees. SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of $1,000,000 per occurrence and $2,000,000 general aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits of $1,000,000 combined single limits. 3. Cyber Liability: Insurance, with limits of $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Motorola in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 4. Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Consultant's profession and work hereunder, with limits of $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Motorola in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Motorola's failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of Customer in the care, custody, or control of Motorola. Motorola Customer Agreement 16 City Council 15 — 46 5/6/2025 5. Workers' Compensation as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of $1,000,000 per accident, policy, employee, for bodily injury or disease. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Motorola's CGL, AL and E&O policies, with respect to any liability arising out of work or operations performed by or on behalf of the Motorola including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Motorola's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Motorola under this Agreement. 3. For any claims related to this contract, Motorola's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Motorola's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by Customer. Customer may require Motorola to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract. Motorola Customer Agreement 17 City Council 15 — 47 5/6/2025 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Motorola must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Verification of Coverage Motorola shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable_ _policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Motorola's obligation to provide them. Customer reserves the right to require copies of endorsements required by these specifications, at any time. Subcontractors Motorola shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Failure to Maintain Insurance Coverage If Motorola, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain damages from Motorola resulting from said breach. 13.13. Entire Agreement. This Agreement, including all Addenda and Ordering Documents, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment, or other form will not be considered an amendment or modification or part of this Agreement, even if a representative of each Party signs such document. [Signatures on following page] The Parties hereby enter into this MCA as of the Effective Date. Motorola: Motorola Solutions, Inc. Customer: City of Santa Ana Moto-,'_ n4 49 City Council 15 — 48 5/6/2025 4A— B _ �. By: Name: Norberto Colon Title: VP, MSSSI Date:4/16/2025 ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City ttorney By: MA9 TAMARA BOGOSIAN Senior Assistant City Attorney Name: ALVARO NUNEZ Title: City Manager Date. - RECOMMENDED FOR APPROVAL: n ROBERT RODRIGUE Chief of Police Motor City Council 15 — 49 5/6/2025 Equipment Purchase and Software License Addendum This Equipment Purchase and Software License Addendum (this "EPSLA") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below or in the MCA ("Customer"), and will be subject to, and governed by, the terms of the Motorola Solutions Customer Agreement entered into between the Parties, effective as of , 2025 (the "MCA"). Capitalized terms used in this EPSLA, but not defined herein, will have the meanings set forth in the MCA. 1. Addendum. This EPSLA governs Customer's purchase of Equipment and license of Licensed Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties' Agreement. 2. Delivery of Equipment and Licensed Software. 2.1. Delivery and Risk of Loss. Motorola will provide to Customer the Products (and, if applicable, related Services) set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will, using commercially reasonable practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in the applicable Ordering Document or otherwise provided by Customer in writing, using a carrier selected by Motorola. Notwithstanding the foregoing, delivery of Equipment (and any incorporated Licensed Software) will occur, and title and risk of loss for the Equipment will pass to Customer, upon shipment by Motorola in accordance with Ex Works, Motorola's premises (Incoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to the shipment and import or export of the Products and Services, as applicable, and Customer will be responsible for reporting the Products for personal property tax purposes. Delivery of Licensed Software for installation on Equipment or Customer -Provided Equipment will occur upon the earlier of (a) electronic delivery of the Licensed Software by Motorola, and (b) the date Motorola otherwise makes the Licensed Software available for download by Customer. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Products. 2.2. Delays. Any shipping dates set forth in an Ordering Document are approximate, and while Motorola will make reasonable efforts to ship Products by any such estimated shipping date, Motorola will not be liable for any delay or related damages to Customer. Time for delivery will not be of the essence, and delays will not constitute grounds for cancellation, penalties, termination, or a refund. 2.3. Beta Services. If Motorola makes any beta version of a software application ("Beta Service") available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer's evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered "as -is" and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies. 3. Licensed Software License and Restrictions. 3.1. Licensed Software License. Subject to Customer's and its Authorized Users' compliance with the Agreement (including payment terms), Motorola hereby grants Customer and its Li $j/A�&Gfl V.2023.02.20 15 — 50 5/6/2025 Authorized Users a limited, non -transferable, non-sublicenseable, and non-exclusive license to use the Licensed Software identified in an Ordering Document, in object code form only, and the associated Documentation, solely in connection with the Equipment provided by Motorola or authorized Customer -Provided Equipment (as applicable, the "Designated Products") and solely for Customer's internal business purposes. Unless otherwise stated in an Addendum or the Ordering Document, the foregoing license grant will be limited to the number of licenses set forth in the applicable Ordering Document and will continue for the life of the applicable Designated Product. Except as otherwise permitted in an applicable Addendum or Ordering Document, Customer may install, access, and use Licensed Software only in Customer's owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Licensed Software remotely from any location. 3.2. Subscription License Model. If the Parties mutually agree that any Licensed Software purchased under this EPSLA will be replaced with or upgraded to Subscription Software, then upon such time which the Parties execute the applicable Ordering Document, the licenses granted under this EPSLA will automatically terminate, and such Subscription Software will be governed by the terms of the applicable Addendum under this Agreement. 3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation in connection with their use of the Products. Customer will not and will not allow others, including the Authorized Users, to: (a) make the Licensed Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; (b) reverse engineer, disassemble, or reprogram the Licensed Software or any portion thereof to a human - readable form; (c) modify, create derivative works of, or merge the Licensed Software with other software or equipment; (d) copy, reproduce, distribute, lend, lease, or transfer the Licensed Software or Documentation for or to any third party without the prior express written permission of Motorola; (e) take any action that would cause the Licensed Software or Documentation to be placed in the public domain; (f) use the Licensed Software to compete with Motorola; or (g) remove, alter, or obscure, any copyright or other notice. 3.4. Copies. Customer may make one (1) copy of the Licensed Software solely for archival, back-up, or disaster recovery purposes during the term of the applicable Licensed Software license. Customer may make as many copies of the Documentation reasonably required for the internal use of the Licensed Software during such Licensed Software's license term. Unless otherwise authorized by Motorola in writing, Customer will not, and will not enable or allow any third party to: (a) install a licensed copy of the Licensed Software on more than one (1) unit of a Designated Product; or (b) copy onto or transfer Licensed Software installed in a unit of a Designated Product onto another device. Customer may temporarily transfer Licensed Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Customer provides written notice to Motorola of the temporary transfer and identifies the device on which the Licensed is transferred. Temporary transfer of the Licensed Software to another device must be discontinued when the original Designated Product is returned to operation and the Licensed Software must be removed from the other device. Customer must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 3.5. Resale of Equipment. Equipment contains embedded Licensed Software. If Customer desires to sell its used Equipment to a third party, Customer must first receive prior written authorization from Motorola and obtain written acceptance of the applicable Licensed Software license terms, including the obligation to pay relevant license fees, from such third party. Li $j/AGQU&Gfl V.2023.02.20 15 — 51 5/6/2025 4. Term. 4.1. Term. The term of this EPSLA (the "EPSLA Term") will commence upon either (a) the Effective Date of the MCA, if this EPSLA is attached to the MCA as of such Effective Date, or (b) the EPSLA Date set forth on the signature page below, if this EPSLA is executed after the MCA Effective Date, and will continue until the later of (i) three (3) years after the first order for Products is placed via an Ordering Document, or (ii) the expiration of all applicable warranty periods (as set forth in Section 6.1 — Motorola Warranties below) under this EPSLA, unless this EPSLA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 4.2. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this EPSLA (and any Ordering Documents hereunder) immediately upon notice to Customer if Customer breaches Section 3 — Licensed Software License and Restrictions of this EPSLA, or any other provision related to Licensed Software license scope or restrictions set forth in an Ordering Document, EULA, or other applicable Addendum. For clarity, upon termination or expiration of the EPSLA Term, all Motorola obligations under this EPSLA (including with respect to Equipment and Licensed Software delivered hereunder) will terminate. If Customer desires to purchase additional Services in connection with such Equipment or Licensed Software, Customer may enter into a separate Addendum with Motorola, governing such Services. Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Licensed Software and Documentation, and that Customer's breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity, including immediate injunctive relief and repossession of all non -embedded Licensed Software and associated Documentation. 4.3. Equipment as a Service. In the event that Customer purchases any Equipment at a price below the MSRP for such Equipment in connection Customer entering into a fixed- or minimum required -term agreement for Subscription Software, and Customer or Motorola terminates the Agreement, this EPSLA, or other applicable Addendum (such as the Addendum governing the purchase of such Subscription Software) prior to the expiration of such fixed- or minimum required -term, then Motorola will have the right to invoice Customer for, and Customer will pay, the amount of the discount to the MSRP for the Equipment or such other amount set forth in the applicable Addendum or Ordering Document. This Section will not limit any other remedies Motorola may have with respect to an early termination. 5. Payment. Customer will pay invoices for the Products and Services provided under this EPSLA in accordance with the invoice payment terms set forth in the MCA. Generally, invoices are issued after shipment of Equipment or upon Motorola's delivery of Licensed Software (in accordance with Section 2.1 — Delivery and Risk of Loss), as applicable, but if a specific invoicing or payment schedule is set forth in the applicable Ordering Document, EULA or other Addendum, such schedule will control with respect to the applicable Products and Services referenced therein. Motorola will have the right to suspend future deliveries of Products and Services if Customer fails to make any payments when due. 6. Representations and Warranties; Liability. 6.1. Motorola Warranties. Subject to the disclaimers and exclusions set forth in the MCA and this EPSLA, (a) for a period of one (1) year commencing upon the delivery of Motorola - manufactured Equipment under Section 2.1 — Delivery and Risk of Loss, Motorola represents and warrants that such Motorola -manufactured Equipment, under normal use, will be free from material defects in materials and workmanship; (b) to the extent permitted by the providers of third -party software or hardware included in the Products and Services, Motorola will pass through Li $j/A��L6ii V.2023.02.20 15 — 52 5/6/2025 to Customer any warranties provided by such third parties, which warranties will apply for the period defined by the applicable third party; and (c) for a period of ninety (90) days commencing upon the delivery of Motorola -owned Licensed Software under Section 2.1 — Delivery and Risk of Loss, Motorola represents and warrants that such Licensed Software, when used in accordance with the Documentation and the Agreement, will be free from reproducible defects that prevent operation of features critical to the primary functionality or successful operation of the Motorola -developed Licensed Software (as determined by Motorola). The warranty set forth in subsection (c) will be referred to as the "Motorola Licensed Software Warranty". As Customer's sole and exclusive remedy for any breach of the Motorola Licensed Software Warranty, Motorola will use commercially reasonable efforts to remedy the material defect in the applicable Licensed Software; provided, however, that if Motorola does not remedy such material defect within a reasonable time, then at Motorola's sole option, Motorola will either replace the defective Licensed Software with functionally -equivalent software, provide substitute software to Customer, or terminate the applicable software license and refund any paid license fees to Customer on a pro-rata basis. For clarity, the Motorola Licensed Software Warranty applies only to the most current version of the Licensed Software issued by Motorola, and issuance of updated versions of any Licensed Software does not result in a renewal or extension of the Motorola Licensed Software Warranty beyond the ninety (90) day warranty period. 6.2. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR DAMAGE TO PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER'S OR ANY AUTHORIZED USER'S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (1) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION -BASED SERVICES; OR (L) BETA SERVICES. 6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.2 — Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable. 7. Copyright Notices. The existence of a copyright notice on any Licensed Software will not be construed as an admission or presumption of publication of the Licensed Software or public disclosure of any trade secrets associated with the Licensed Software. 8. Survival. The following provisions will survive the expiration or termination of this EPSLA for any reason: Section 3 — Licensed Software License and Restrictions; Section 4 — Term; Section 5 — Payment; Section 6.2 — Additional Exclusions; Section 8 — Survival. L q tyAG0.iftd V.2023.02.20 15 — 53 5/6/2025 Data Processing Addendum This Data Processing Addendum, including its Schedules and Annexes ("DPA"), forms part of the Motorola Solutions Customer Agreement ("MCA" or "Agreement")) to reflect the parties' agreement with regard to the Processing of Customer Data, which may include Personal Data. In the event of a conflict between this DPA, the MCA or any Schedule, Annex or other addenda to the MCA, this DPA must prevail. When Customer renews or purchases new Products or Services, the then -current DPA must apply and must not change during the applicable Term. When Motorola provides new features or supplements the Product or Service, Motorola may provide additional terms or make updates to this DPA that must apply to Customer's use of those new features or supplements. Definitions. All capitalized terms not defined herein must have the meaning set forth in the Agreement. "Customer Data" means data including images, text, videos, and audio, that are provided to Motorola by, through, or on behalf of Customer and its Authorized Users or their end users, through the use of the Products and Services. Customer Data does not include Customer Contact Data, Service Use Data, other than that portion comprised of Personal Information, or Third Party Data. "Customer Contact Data" means data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes, including without limitation marketing, advertising, licensing, and sales purposes. "Data Protection Laws" means all data protection laws and regulations applicable to a Party with respect to the Processing of Personal Data under the Agreement. "Data Subjects" means the identified or identifiable person to whom Personal Data relates. "Metadata" means data that describes other data. "Motorola Data" means data owned by Motorola and made available to Customer in connection with the Products and Services. "Personal Data" or "Personal Information" means any information relating to an identified or identifiable natural person transmitted to Motorola by, through, or on behalf of Customer and its Authorized Users or their end users as part of Customer Data. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. "Process" or "Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Datai y o nci u 15 — 54 5/6/2025 "Security Incident" means an incident leading to the accidental or unlawful destruction, loss, alteration or disclosure of, or access to Customer Data, which may include Personal Data, while processed by Motorola. "Service Use Data" means data generated about the use of the Products and Services through Customer's use or Motorola's support of the Products and Services, which may include Metadata, Personal Data, product performance and error information, activity logs, and date and time of use. "Sub -processor" means other processors engaged by Motorola to Process Customer Data which may include Personal Data. "Third Party Data" means information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Products or Services. 2. Processing of Customer Data 2.1. Roles of the Parties. The Parties agree that with regard to the Processing of Personal Data hereunder, Customer is the Controller and Motorola is the Processor who may engage Sub - processors pursuant to the requirements of Section 6 entitled "Sub -processors" below. 2.2. Motorola's Processing of Customer Data. Motorola and Customer agree that Motorola may only use and Process Customer Data, including the Personal Information embedded in Service Use Data, in accordance with applicable law and Customer's documented instructions for the following purposes: (i) to perform Services and provide Products under the Agreement; (ii) analyze Customer Data to operate, maintain, manage, and improve Motorola products and services; and (iii) create new products and services. Customer agrees that its Agreement (including this DPA), along with the Product and Service Documentation and Customer's use and configuration of features in the Products and Services, are Customer's complete and final documented instructions to Motorola for the processing of Customer Data. Any additional or alternate instructions must be agreed to according to the process for amending Customer's Agreement. Customer represents and warrants to Motorola that Customer's instructions, including appointment of Motorola as a Processor or sub -processor, have been authorized by the relevant controller. Customer Data may be processed by Motorola at any of its global locations and/or disclosed to Subprocessors. It is Customer's responsibility to notify Authorized Users of Motorola's collection and use of Customer Data, and to obtain any required consents, provide all necessary notices, and meet any other applicable legal requirements with respect to such collection and use. Customer represents and warrants to Motorola that it has complied with the terms of this provision. 2.3. Details of Processing. The subject -matter of Processing of Personal Data by Motorola hereunder, the duration of the Processing, the categories of Data Subjects and types of Personal Data are set forth on Annex I to this DPA. 2.4. Disclosure of Processed Data. Motorola must not disclose to or share any Customer Data with any third party except to Motorola's sub -processors, suppliers and channel partners as necessary to provide the products and services unless permitted under this Agreement, authorized by Customer or required by law. In the event a government or supervisory authority demands access to Customer Data, to the extent allowable by law, Motorola must provide Customer with notice of receipt of the demand to provide sufficient time for Customer to seek appropriate relief in the relevant jurisdiction. In all circumstances, Motorola retains the right to comply with applicable law. Motorola must ensure that its personnel are subject to a duty of Datai y o nu u 15 — 55 5/6/2025 confidentiality, and will contractually obligate its sub -processors to a duty of confidentiality, with respect to the handling of Customer Data and any Personal Data contained in Service Use Data. 2.5. Customer's Obligations. Customer is solely responsible for its compliance with all Data Protection Laws and establishing and maintaining its own policies and procedures to ensure such compliance. Customer must not use the Products and Services in a manner that would violate applicable Data Protection Laws. Customer must have sole responsibility for (i) the lawfulness of any transfer of Personal Data to Motorola, (ii) the accuracy, quality, and legality of Personal Data provided to Motorola; (iii) the means by which Customer acquired Personal Data, and (iv) the provision of any required notices to, and obtaining any necessary acknowledgements, authorizations or consents from Data Subjects. Customer takes full responsibility to keep the amount of Personal Data provided to Motorola to the minimum necessary for Motorola to perform in accordance with the Agreement. Customer must be solely responsible for its compliance with applicable Data Protection Laws. 2.6. Customer Indemnity. Customer will defend, indemnify, and hold Motorola and its subcontractors harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third -party claim, demand, action, or proceeding arising from or related to Customer's failure to comply with its obligations under this Agreement and/or applicable Data Protection Laws. Motorola will give Customer prompt, written notice of any claim subject to the foregoing indemnity. Motorola will, at its own expense, cooperate with Customer in its defense or settlement of the claim. 2.7. Motorola's Indemnity. Motorola will defend, indemnify, and hold Customer, its City Council, employees, agents and representatives harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third -party claim, demand, action, or proceeding arising from or related to Motorola's failure to comply with its obligations under this Agreement and/or applicable U.S. Data Privacy Protection Laws. Customer will give Motorola prompt, written notice of any claim subject to the foregoing indemnity. 3. Service Use Data. Except to the extent that it is Personal Information, Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, provided that such purposes are compliant with applicable Data Protection Laws. Service Use Data may be processed by Motorola at any of its global locations and/or disclosed to Subprocessors. 4. Third -Party Data and Motorola Data. Motorola Data and Third Party Data may be available to Customer through the Products and Services. Customer and its Authorized Users may use the Motorola Data and Third Party Data as permitted by Motorola and the applicable third -party data provider, as described in the Agreement or applicable Addendum. Unless expressly permitted in the Agreement or applicable Addendum, Customer must not, and must ensure its Authorized Users must not: (a) use the Motorola Data or Third -Party Data for any purpose other than Customer's internal business purposes or disclose the data to third parties; (b) "white label" such data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (c) use such data in violation of applicable laws ; (d) use such data for activities or purposes where reliance upon the data could lead to death, injury, or property damage; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. Additional Datai y o nci u 15 — 56 5/6/2025 restrictions may be set forth in the Agreement or applicable Addendum. Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third -Party Data must immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or the MCA. Further, Motorola or the applicable Third Party Data provider may suspend, change, or terminate Customer's or any Authorized User's access to Motorola Data or Third -Party Data if Motorola or such Third Party Data provider believes Customer's or the Authorized User's use of the data violates the Agreement, applicable law or by Motorola's agreement with the applicable Third Party Data provider. Upon termination of Customer's rights to use of any Motorola Data or Third -Party Data, Customer and all Authorized Users must immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola. Notwithstanding any provision of the Agreement to the contrary, Motorola has no liability for Third -Party Data or Motorola Data available through the Products and Services. Motorola and its Third Party Data providers reserve all rights in and to Motorola Data and Third - Party Data not expressly granted in an Addendum or Ordering Document. 5. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a Controller it must comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en_us/about/privacy-policy.html#privacystatement as each may be updated from time to time. Motorola holds all Customer Contact Data as a Controller and must Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a Joint Controller with Customer, the Parties must enter into a separate addendum to the Agreement to allocate the respective roles as joint controllers. 6. Sub -processors. 6.1. Use of Sub -processors. Customer agrees that Motorola may engage Sub -processors who in turn may engage Sub -processors to Process Personal Data in accordance with the DPA. A current list of Sub -processors is set forth at Annex III. When engaging Sub -processors, Motorola must enter into agreements with the Sub -processors to bind them to obligations which are substantially similar or more stringent than those set out in this DPA. 6.2. Changes to Sub -processing. The Customer hereby consents to Motorola engaging Sub -processors to process Customer Data provided that: (i) Motorola must use its reasonable endeavors to provide at least 10 days' prior notice of the addition or removal of any Sub - processor, which may be given by posting details of such addition or removal at a URL provided to Customer in Annex III; (ii) Motorola imposes data protection terms on any Sub -processor it appoints that protect the Customer Data to the same standard provided for by this Addendum; and (iii) Motorola remains fully liable for any breach of this clause that is caused by an act, error or omission of its Sub-processor(s). The Customer may object to Motorola's appointment or replacement of a Sub -processor prior to its appointment or replacement, provided such objection is based on reasonable grounds relating to data protection. In such event, Motorola will either appoint or replace the Sub -processor or, if in Motorola's discretion this is not feasible, the Customer may terminate this Agreement and receive a pro-rata refund of any prepaid service or support fees as full satisfaction of any claim arising out of such termination. 6.3. Data Subject Requests. Motorola must, to the extent legally permitted, promptly notify Customer if it receives a request from a Data Subject, including without limitation requests for access to, correction, amendment, transport or deletion of such Data Subject's Personal Data and, to the extent applicable, Motorola must provide Customer with commercially reasonable cooperation and assistance in relation to any complaint, notice, or communication from a Data Subject. Customer must respond to and resolve promptly all requests from Data Subjects which Datai y o nci u 15 — 57 5/6/2025 Motorola provides to Customer. Customer must be responsible for any reasonable costs arising from Motorola's provision of such assistance under this Section. 7. Data Transfers Motorola agrees that it must not make transfers of Personal Data under this Agreement from one jurisdiction to another unless such transfers are performed in compliance with this Addendum and applicable Data Protection Laws. Motorola agrees to enter into appropriate agreements with its affiliates and Sub -processors, which will permit Motorola to transfer Personal Data to its affiliates and Sub -processors. Motorola agrees to amend as necessary its agreement with Customer to permit transfer of Personal Data from Motorola to Customer. Motorola also agrees to assist the Customer in entering into agreements with its affiliates and Sub -processors if required by applicable Data Protection Laws for necessary transfers. 8. Security. Motorola must implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk posed by the Processing of Personal Data, taking into account the costs of implementation; the nature, scope, context, and purposes of the Processing; and the risk of varying likelihood and severity of harm to the data subjects. The appropriate technical and organizational measures implemented by Motorola are set forth in Annex III. In assessing the appropriate level of security, Motorola must weigh the risks presented by Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise Processed. 9. Security Incident Notification. If Motorola becomes aware of a Security Incident, then Motorola must (i) notify Customer of the Security Incident without undue delay, (ii) investigate the Security Incident and apprise Customer of the details of the Security Incident and (iii) take commercially reasonable steps to stop any ongoing loss of Personal Data due to the Security Incident if in the control of Motorola. Notification of a Security Incident must not be construed as an acknowledgement or admission by Motorola of any fault or liability in connection with the Security Incident. Motorola must make reasonable efforts to assist Customer in fulfilling Customer's obligations under Data Protection Laws to notify the relevant supervisory authority and Data Subjects about such incident. 10. Data Retention and Deletion Except for anonymized Customer Data, as described above, or as otherwise provided under the Agreement, Motorola must delete all Customer Data no later than ninety (90) days following termination or expiration of the MCA or the applicable Addendum or Ordering Document unless otherwise required to comply with applicable law. 11. Audit Rights 11.1 Periodic Audit. Motorola will allow Customer to perform an audit of reasonable scope and duration of Motorola operations relevant to the Products and Services purchased under the Agreement, at Customer's sole expense, for verification of compliance with the technical and organizational measures set forth in Annex II if (i) Motorola notifies Customer of a Security Incident that results in actual compromise to the Products and/or Services purchased; or (ii) if Customer reasonably believes Motorola is not in compliance with its security commitments under this DPA, or (iii) if such audit is legally required by the Data Protection Laws. Any audit must be conducted in accordance with the procedures set forth in Section 11.3 of this DPA and may not be conducted more than one time per year. If any such audit requires access to confidential Data i y o nci u 15 — 58 5/6/2025 information of Motorola's other customers, suppliers or agents, such portion of the audit may only be conducted by Customer's nationally recognized independent third party auditors in accordance with the procedures set forth in Section 11.3 of this DPA. Unless mandated by GDPR or otherwise mandated by law or court order, no audits are allowed within a data center for security and compliance reasons. Motorola must, in no circumstances, provide Customer with the ability to audit any portion of its software, products, and services which would be reasonably expected to compromise the confidentiality of any third party's information or Personal Data. 11.2 Satisfaction of Audit Request. Upon receipt of a written request to audit, and subject to Customer's agreement, Motorola may satisfy such audit request by providing Customer with a confidential copy of a Motorola's applicable most recent third party security review performed by a nationally recognized independent third party auditor, such as a SOC2 Type II report or ISO 27001 certification, in order that Customer may reasonably verify Motorola's compliance with national standards. 11.3 Audit Process. Customer must provide at least sixty days (60) days prior written notice to Motorola of a request to conduct the audit described in Section 11.1. All audits must be conducted during normal business hours, at applicable locations or remotely, as designated by Motorola. Audit locations, if not remote will generally be those location(s) where Customer Data is accessed, or Processed. The audit must not unreasonably interfere with Motorola's day to day operations. An audit must be conducted at Customer's sole cost and expense and subject to the terms of the confidentiality obligations set forth in the Agreement. Before the commencement of any such audit, Motorola and Customer must mutually agree upon the time, and duration of the audit. Motorola must provide reasonable cooperation with the audit, including providing the appointed auditor a right to review, but not copy, Motorola security information or materials provided such auditor has executed an appropriate non -disclosure agreement. Motorola's policy is to share methodology and executive summary information, not raw data or private information. Customer must, at no charge, provide to Motorola a full copy of all findings of the audit. 12. Regulation Specific Terms 12.1. HIPAA Business Associate. If Customer is a "covered entity" or a "business associate" and includes "protected health information" in Customer Data as those terms are defined in 45 CFR § 160.103, execution of the MCA includes execution of the Motorola HIPAA Business Associate Agreement Addendum ("BAX). Customer may opt out of the BAA by sending the following information to Motorola in a written notice under the terms of the Customer's Agreement: "Customer and Motorola agree that no Business Associate Agreement is required. Motorola is not a Business Associate of Customer's, and Customer agrees that it will not share or provide access to Protected Health Information to Motorola or Motorola's subprocessors." 12.2. FERPA. If Customer is an educational agency or institution to which regulations under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA), apply, Motorola acknowledges that for the purposes of the DPA, Motorola is a "school official" with "legitimate educational interests" in the Customer Data, as those terms have been defined under FERPA and its implementing regulations, and Motorola agrees to abide by the limitations and requirements imposed by 34 CFR 99.33(a) on school officials. Customer understands that Motorola may possess limited or no contact information for Customer's students and students' parents. Consequently, Customer must be responsible for obtaining any parental consent for any end user's use of the Online Service that may be required by applicable law and to convey notification on behalf of Motorola to students (or, with respect to a student under 18 years of age and not in attendance at a post -secondary institution, to the student's parent) of any judicial order Datai y o nu u 15 — 59 5/6/2025 or lawfully -issued subpoena requiring the disclosure of Customer Data in Motorola's possession as may be required under applicable law. 12.3. CJIS. Motorola agrees to support the Customer's obligation to comply with the Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Security Policy and must comply with the terms of the CJIS Security Addendum for the Term of this Agreement and such CJIS Security Addendum is incorporated herein by reference. Customer hereby consents to allow Motorola "screened" personnel as defined by the CJIS Security Policy to serve as an authorized "escort" within the meaning of CJIS Security Policy for escorting unscreened Motorola personnel that require access to unencrypted Criminal Justice Information for purposes of Tier 3 support (e.g. troubleshooting or development resources). In the event Customer requires access to Service Use Data for its compliance with the CJIS Security Policy, Motorola must make such access available following Customer's request. Notwithstanding the foregoing, in the event the MCA or applicable Ordering Document terminates, Motorola must carry out deletion of Customer Data in compliance with Section 10 herein and may likewise delete Service Use Data within the time frame specified therein. To the extent Customer objects to deletion of its Customer Data or Service Use Data and seeks retention for a longer period, it must provide written notice to Motorola prior to expiration of the 30 day period for data retention to arrange return of the Customer Data and retention of the Service Use Data for a specified longer period of time. 12.4. CCPA / CPRA. If Motorola is Processing Personal Data within the scope of the California Consumer Protection Act ("CCPA") and/or the California Privacy Rights Act ("CPRA") (collectively referred to as the "California Privacy Acts"), Customer acknowledges that Motorola is a "Service Provider" within the meaning of California Privacy Acts. Motorola must process Customer Data and Personal Data on behalf of Customer and, not retain, use, or disclose that data for any purpose other than for the purposes set out in this DPA and as permitted under the California Privacy Acts, including under any "sale" exemption. If a California Privacy Act applies, Personal Data must also include any data identified with the California Privacy Act or Act's definition of personal data. Motorola shall provide Customer with notice should it determine that it can no longer meet its obligations under the California Privacy Acts, and the parties agree that, if appropriate and reasonable, Customer may take steps necessary to stop and remediate unauthorized use of the impacted Personal Data. 12.5 CPA, CTDPA, VCDPA. If Motorola is Processing Personal Data within the scope of the Colorado Privacy Rights Act ("CPA"), the Connecticut Data Privacy Act ("CTDPA"), or the Virginia Consumer Data Protection Act ("VCDPA") Motorola will comply with its obligations under the applicable legislation, and shall make available to Customer all information in its possession necessary to demonstrate compliance with obligations in accordance with such legislation. Motorola Contact. If Customer believes that Motorola is not adhering to its privacy or security obligations hereunder, Customer must contact the Motorola Data Protection Officer at Motorola Solutions, Inc., 500 W. Monroe, Chicago, IL USA 90661-3618 or at privacy1 @motorolasolutions.com. Data i y o nu u 15 — 60 5/6/2025 ANNEX A. LIST OF PARTIES Data exporter(s): [Identity and contact details of the data exporter(s) and, where applicable, of its/their data protection officer and/or representative in the European Union] 1 Name:... Address:... Contact person's name, position and contact details:... Activities relevant to the data transferred under these Clauses:... Signature and date:... Role (controller/processor): Controller P51 Data importer(s): [Identity and contact details of the data importer(s), including any contact person with responsibility for data protection] 1 Name: Motorola Solutions, Inc. Address:... Contact person's name, position and contact details:... Activities relevant to the data transferred under these Clauses:... Signature and date:... Role (controller/processor): Processor 1511111111111111 B. DESCRIPTION OF TRANSFER Categories of data sub]ects whose personal data is transferred City Council 15 — 61 5/6/2025 Data Processing Addendum V.2022.12 1 Data subjects include the data exporter's representatives and end -users including employees, contractors, collaborators, and customers of the data exporter. Data subjects may also include individuals attempting to communicate or transfer personal information to users of the services provided by data importer. Motorola acknowledges that, depending on Customer's use of the Online Service, Customer may elect to include personal data from any of the following types of data subjects in the Customer Data: • Employees, contractors, and temporary workers (current, former, prospective) of data exporter; • Dependents of the above; • Data exporter's collaborators/contact persons (natural persons) or employees, contractors or temporary workers of legal entity collaborators/contact persons (current, prospective, former); • Users (e.g., customers, clients, patients, visitors, etc.) and other data subjects that are users of data exporter's services; • Partners, stakeholders or individuals who actively collaborate, communicate or otherwise interact with employees of the data exporter and/or use communication tools such as apps and websites provided by the data exporter; • Stakeholders or individuals who passively interact with data exporter (e.g., because they are the subject of an investigation, research or mentioned in documents or correspondence from or to the data exporter); • Minors; or • Professionals with professional privilege (e.g., doctors, lawyers, notaries, religious workers, etc.). Categories of personal data transferred Customer's use of the Products and Services, Customer may elect to include personal data from any of the following categories in the Customer Data: • Basic personal data (for example place of birth, street name, and house number (address), Agreemental code, city of residence, country of residence, mobile phone number, first name, last name, initials, email address, gender, date of birth), including basic personal data about family members and children; Authentication data (for example user name, password or PIN code, security question, audit trail); • Contact information (for example addresses, email, phone numbers, social media identifiers; emergency contact details); • Unique identification numbers and signatures (for example Social Security number, bank account number, passport and ID card number, driver's license number and vehicle City Council Data Processing Addendum V.2022.12 15 — 62 5/6/2025 registration data, IP addresses, employee number, student number, patient number, signature, unique identifier in tracking cookies or similar technology); • Pseudonymous identifiers; • Financial and insurance information (for example insurance number, bank account name and number, credit card name and number, invoice number, income, type of assurance, payment behavior, creditworthiness); • Commercial Information (for example history of purchases, special offers, subscription information, payment history); • Biometric Information (for example DNA, fingerprints and iris scans); • Location data (for example, Cell ID, geo-location network data, location by start call/end of the call. Location data derived from use of wifi access points); • Photos, video, and audio; • Internet activity (for example browsing history, search history, reading, television viewing, radio listening activities); • Device identification (for example IMEI-number, SIM card number, MAC address); • Profiling (for example based on observed criminal or anti -social behavior or pseudonymous profiles based on visited URLs, click streams, browsing logs, IP-addresses, domains, apps installed, or profiles based on marketing preferences); • HR and recruitment data (for example declaration of employment status, recruitment information (such as curriculum vitae, employment history, education history details), job and position data, including worked hours, assessments and salary, work permit details, availability, terms of employment, tax details, payment details, insurance details and location, and organizations); • Education data (for example education history, current education, grades and results, highest degree achieved, learning disability); • Citizenship and residency information (for example citizenship, naturalization status, marital status, nationality, immigration status, passport data, details of residency or work permit); • Information processed for the performance of a task carried out in the public interest or in the exercise of an official authority; • Special categories of data (for example racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning a natural person's sex life or sexual orientation, or data relating to criminal convictions or offences); or • Any other personal data identified under applicable law or regulation. City Council Data Processing Addendum V.2022.12 15 — 63 5/6/2025 Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures. The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis). Data may be transferred on a continuous basis during the term of the MCA or other agreement to which this DPA applies. Nature of the processing The nature, scope and purpose of processing personal data is to carry out performance of Motorola's obligations with respect to provision of the Products and Services purchased under the MCA and applicable Ordering Documents. The data importer utilizes a global network of data centers and management/support facilities, and processing may take place in any jurisdiction where data importer or its sub -processors utilize such facilities. Purpose(s) of the data transfer and further processing The nature, scope and purpose of processing personal data is to carry out performance of Motorola's obligations with respect to provision of the Products and Services purchased under the MCA and applicable Ordering Documents. The data importer utilizes a global network of data centers and management/support facilities, and processing may take place in any jurisdiction where data importer or its sub -processors utilize such facilities. The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period Data retention is governed by Section 10 of this Data Processing Addendum For transfers to (sub) processors, also specify subject matter, nature and duration of the processing Transfers to sub -processors will only be for carrying out the performance of Motorola's obligations with respect to provision of the Products and Services purchased under the MCA and applicable Ordering Documents. The data importer utilizes a global network of data centers and management/support facilities, and processing may take place in any jurisdiction where data importer or its sub -processors utilize such facilities. In accordance with the DPA, the data exporter agrees the data importer may hire other companies to provide limited services on data importer's behalf, such as providing customer support. Any such sub -processors must be permitted to obtain Customer Data only to deliver the services the data importer has retained them to provide, and they are prohibited from using Customer Data for any other purpose. City Council Data Processing Addendum V.2022.12 15 — 64 5/6/2025 ANNEX II TECHNICAL AND ORGANIZATIONAL MEASURES INCLUDING TECHNICAL AND ORGANIZATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA Measures of pseudonymization and encryption of personal data Where technically feasible and when not impacting services provided: • We minimize the data we collect to information we believe is necessary to communicate, provide, and support products and services and information necessary to comply with legal obligations. • We encrypt in transit and at rest. • We pseudonymize and limit administrative accounts that have access to reverse pseudonym ization. Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services In order to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services, Motorola Solutions Information Protection policy mandates the institutionalization of information protection throughout solution development and operational lifecycles. Motorola Solutions maintains dedicated security teams for its internal information security and its products and services. Its security practices and policies are integral to its business and mandatory for all Motorola Solutions employees and contractors The Motorola Chief Information Security Officer maintains responsibility and executive oversight for such policies, including formal governance, revision management, personnel education and compliance. Motorola Solutions generally aligns to the NIST Cybersecurity Framework as well as ISO 27001. Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident Security Incident Procedures Motorola Solutions maintains a global incident response plan to address any physical or technical incident in an expeditious manner. Motorola maintains a record of security breaches with a description of the breach, the time period, the consequences of the breach, the name of the reporter, and to whom the breach was reported, and the procedure for recovering data. For each security breach that is a Security Incident, notification will be made in accordance with the Security Incident Notification section of this DPA. Business Continuity and Disaster Preparedness Motorola maintains business continuity and disaster preparedness plans for critical functions and systems within Motorola's control that support the Products and Services purchased under the Agreement in order to avoid services disruptions and minimize recovery risks. Processes for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of the processing City Council 15 — 65 5/6/2025 Data Processing Addendum V.2022.12 5 Motorola periodically evaluates its processes and systems to ensure continued compliance with obligations imposed by law, regulation or contract with respect to the confidentiality, integrity, availability, and security of Customer Data, including personal information. Motorola documents the results of these evaluations and any remediation activities taken in response to such evaluations. Motorola periodically has third party assessments performed against applicable industry standards, such as ISO 27001, 27017, 27018 and 27701. Measures for user identification and authorization Identification and Authentication. Motorola uses industry standard practices to identify and authenticate users who attempt to access Motorola information systems. Where authentication mechanisms are based on passwords, Motorola requires that the passwords are at least eight characters long and are changed regularly. Motorola uses industry standard password protection practices, including practices designed to maintain the confidentiality and integrity of passwords when they are assigned and distributed, and during storage. Access Policy and Administration.. Motorola maintains a record of security privileges of individuals having access to Customer Data. including personal information. Motorola maintains appropriate processes for requesting, approving and administering accounts and access privileges in connection with the Processing of Customer Data. Only authorized personnel may grant, alter or cancel authorized access to data and resources. Where an individual has access to systems containing Customer Data, the individuals are assigned separate, unique identifiers. Motorola deactivates authentication credentials on a periodic basis. Measures for the protection of data during transmission Data is generally encrypted during transmission within the Motorola managed environments. Encryption in transit is also generally required of any sub -processors. Further, protection of data in transit is also achieved through the access controls, physical and environmental security, and personnel security described throughout this Annex II. Measures for the protection of data during storage Data is generally encrypted during storage within the Motorola managed environments. Encryption in storage is also generally required of any sub -processors. Further, protection of data in storage is also achieved through the access controls, physical and environmental security, and personnel security described throughout this Annex II. Measures for ensuring physical security of locations at which personal data are processed Motorola maintains appropriate physical and environment security controls to prevent unauthorized access to Customer Data, including personal information. This includes appropriate physical entry controls to Motorola facilities such as card -controlled entry points, and a staffed reception desk to protect against unauthorized entry. Access to controlled areas within a facility will be limited by job role and subject to authorized approval. Use of an access badge to enter a controlled area will be logged and such logs will be retained in accordance with Motorola policy. Motorola revokes personnel access to Motorola facilities and controlled areas upon separation of employment in accordance with Motorola policies. Motorola policies impose industry standard workstation, device and media controls designed to further protect Customer Data, including personal information. City Council Data Processing Addendum V.2022.12 15 — 66 5/6/2025 Measures for ensuring personnel security Access to Customer Data. Motorola maintains processes for authorizing and supervising its employees, and contractors with respect to monitoring access to Customer Data. Motorola requires its employees, contractors and agents who have, or may be expected to have, access to Customer Data to comply with the provisions of the Agreement, including this Annex and any other applicable agreements binding upon Motorola. Security and Privacy Awareness. Motorola must ensure that its employees and contractors remain aware of industry standard security and privacy practices, and their responsibilities for protecting Customer Data and Personal Data. This must include, but not be limited to, protection against malicious software, password protection, and management, and use of workstations and computer system accounts. Motorola requires periodic Information security training, privacy training, and business ethics training for all employees and contract resources Sanction Policy. Motorola maintains a sanction policy to address violations of Motorola's internal security requirements as well as those imposed by law, regulation, or contract. Background Checks. Motorola follows its standard mandatory employment verification requirements for all new hires. In accordance with Motorola internal policy, these requirements must be periodically reviewed and include, but may not be limited to, criminal background checks, proof of identity validation and any additional checks as deemed necessary by Motorola. Measures for ensuring events logging Protection, and Response. Motorola assesses organization's effectiveness annually via external assessors who report and share the assessment findings with Motorola Audit Services who tracks any identified remediations. For more information, please see the Motorola Trust Center at https://www.motorolasolutions.com/en us/about/trust-center/security.html Measures for certification/assurance of processes and products Motorola performs internal Secure Application Review and Secure Design Review security audits and Production Readiness Review security readiness reviews prior to service release. Where appropriate, privacy assessments are performed for Motorola's products and services. A risk register is created as a result of internal audits with assignments tasked to appropriate personnel. Security audits are performed annually with additional audits as needed. Additional privacy assessments, including updated data maps, occur when material changes are made to the products or services. Further, Motorola Solution has achieved AICPA SOC2 Type 2 reporting and ISO/IEC 27001:2013 certification for many of its development and support operations. Measures for ensuring data minimization Motorola Solutions policies require processing of all personal information in accordance with applicable law, including when that law requires data minimization. Further, Motorola Solutions City Council Data Processing Addendum V.2022.12 15 — 67 5/6/2025 conducts privacy assessments of its products and services and evaluates if those products and services support the principles of processing, such as data minimization. Measures for ensuring data quality Motorola Solutions policies require processing of all personal information in accordance with applicable law, including when that law requires ensuring the quality and accuracy of data. Further, Motorola Solutions conducts privacy assessments of its products and services and evaluates if those products and services support the principles of processing, such as ensuring data quality. Measures for ensuring limited data retention Motorola Solutions maintains a data retention policy that provides a retention schedule outlining storage periods for personal data. The schedule is based on business needs and provides sufficient information to identify all records and to implement disposal decisions in line with the schedule. The policy is periodically reviewed and updated. Measures for ensuring accountability To ensure compliance with the principle of accountability, Motorola Solutions maintains a Privacy Program which generally aligns its activities to both the Nymity Privacy Management and Accountability Framework and NIST Privacy Framework. The Privacy Program is audited annually by Motorola Solutions Audit Services. Measures for allowing data portability and ensuring erasure When subject to a data subject request to move, copy or transfer their personal data, Motorola Solutions will provide personal data to the Controller in a structured, commonly used and machine readable format. Where possible and if the Controller requests it, Motorola Solutions can directly transmit the personal information to another organization. For transfers to (sub) processors If, in the course of providing products and services under the MCA, Motorola Solutions transfers information containing personal data to third parties, said third parties will be subjected to a security assessment and bound by obligations substantially similar, but at least as stringent, as those included in this DPA. City Council 15 — 68 5/6/2025 Data Processing Addendum V.2022.12 8 ANNEX III LIST OF SUB -PROCESSORS EXPLANATORY NOTE: This Annex must be completed in case of the specific authorization of sub -processors The controller has authorized the use of the following sub -processors: Name:... Description of processing (including a clear delimitation of responsibilities in case several sub - processors are authorized):... 2 City Council 15 — 69 5/6/2025 Data Processing Addendum V.2022.12 9 Subscription Software Addendum This Subscription Software Addendum (this "SSA") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below or in the MCA ("Customer"), and will be subject to, and governed by, the terms of the Motorola Solutions Customer Agreement entered into between the Parties, effective as of , 2025 (the "MCA"). Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the MCA. 1. Addendum. This SSA governs Customer's purchase of Subscription Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties' Agreement. Additional Subscription Software -specific Addenda or other terms and conditions may apply to certain Subscription Software, where such terms are provided or presented to Customer. 2. Delivery of Subscription Software. 2.1. Delivery. During the applicable Subscription Term (as defined below), Motorola will provide to Customer the Subscription Software set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will provide Customer advance notice (which may be provided electronically) of any planned downtime. Delivery will occur upon Customer's receipt of credentials required for access to the Subscription Software or upon Motorola otherwise providing access to the Subscription Software. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Subscription Software. 2.2. Modifications. In addition to other rights to modify the Products and Services set forth in the MCA, Motorola may modify the Subscription Software, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Software may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Subscription Software may be subject to additional Fees. 2.3. User Credentials. If applicable, Motorola will provide Customer with administrative user credentials for the Subscription Software, and Customer will ensure such administrative user credentials are accessed and used only by Customer's employees with training on their proper use. Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security of all user credentials, including any administrative user credentials, and maintain user credential validity, including by updating passwords. Customer will be liable for any use of the Subscription Software through such user credential (including through any administrative user credentials), including any changes made to the Subscription Software or issues or user impact arising therefrom. To the extent Motorola provides Services to Customer in order to help resolve issues resulting from changes made to the Subscription Software through user credentials, including through any administrative user credentials, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms of the MCA. 2.4. Beta Services. If Motorola makes any beta version of a software application ("Beta Service") available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer's evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered "as -is" and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at subsc , W MmWdendum V.2023.02.17 1 15 — 70 5/6/2025 any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies. 3. Subscription Software License and Restrictions. 3.1. Subscription Software License. Subject to Customer's and its Authorized Users' compliance with the Agreement, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non -transferable, non-sublicenseable, and non-exclusive license to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for Customer's internal business purposes. The foregoing license grant will be limited to use in the territory and to the number of licenses set forth in an Ordering Document (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software only in Customer's owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Software remotely from any location. No custom development work will be performed under this Addendum. 3.2. End User Licenses. Motorola may use, engage, resell, or otherwise interface with third -party software, hardware or services providers (such as, for example, third -party end point detection and response providers) and other sub -processors, who in turn may engage additional sub -processors to process personal data and other Customer Data. Customer agrees that such third -party software or services providers, sub -processors or their respective sub -processors may process and use personal and other Customer Data in accordance with and subject to their own respective licenses or terms and in accordance with applicable law. Customer authorizes and will provide and obtain all required notices and consents, if any, and comply with other applicable legal requirements, if any, with respect to such collection and use of personal data and other Customer Data by Motorola, and its subcontractors, sub -processors and/or third -party software, hardware or services providers. Notwithstanding any provision to the contrary, to the extent the use or performance of certain Services is governed by any separate license, data requirement, EULA, privacy statement, or other applicable agreement, including terms governing third -party software, hardware or services, including open source software, Customer will comply, and ensure its Authorized Users comply, with any such agreements or terms, which shall govern any such Services. 3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions (including the copyright laws where Customer uses the Subscription Software) in connection with their use of the Subscription Software. Customer will not, and will not allow others including the Authorized Users, to make the Subscription Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or any portion thereof to a human - readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software with other software; copy, reproduce, distribute, lend, or lease the Subscription Software or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Software, or Documentation to be placed in the public domain; use the Subscription Software to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software or its related systems or networks. 4. Term. 4.1. Subscription Terms. The duration of Customer's subscription to the first Subscription Software and any associated recurring Services ordered under this SSA (or the first Subscription subsc , W MmWdendum V.2023.02.17 2 15 — 71 5/6/2025 Software or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Software (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer period identified in an Ordering Document (the "Initial Subscription Period"). Following the Initial Subscription Period, Customer's subscription to the Subscription Software and any recurring Services may only be renewed for additional twelve (12) month periods if agreed to by the parties in writing (each, a "Renewal Subscription Year"). (The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a "Subscription Term".) Motorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than thirty (30) days prior to commencement of such Renewal Subscription Year. Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional Subscription Software or recurring Services under this SSA during an in -process Subscription Term, the subscription for each new Subscription Software or recurring Service will (a) commence upon delivery of such Subscription Software or recurring Service, and continue until the conclusion of Customer's then -current Subscription Term (a "Partial Subscription Year"), and (b) Will not automatically renew for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then -current Subscription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Software and recurring Services hereunder will be synchronized. 4.2. Term. The term of this SSA (the "SSA Term") will commence upon either (a) the Effective Date of the MCA, if this SSA is attached to the MCA as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 4.3. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this SSA (or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Software or Services, immediately upon notice to Customer if (a) Customer breaches Section 3 — Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Software license scope or restrictions set forth in an Addendum or Ordering Document, or (b) it determines that Customer's use of the Subscription Software poses, or may pose, a security or other risk or adverse impact to any Subscription Software, Motorola, Motorola's systems, or any third party (including other Motorola customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Software and Documentation, and that Customer's breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Customer breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity (including immediate injunctive relief). 4.4. Wind Down of Subscription Software. In addition to the termination rights in the MCA, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Software or Service to customers. 5. Payment. 5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Software and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Software and associated recurring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Subsc , W MmWdendum V.2023.02.17 3 15 — 72 5/6/2025 Ordering Document. Motorola will have the right to suspend the Subscription Software and any recurring Services if Customer fails to make any payments when due. The parties acknowledge that pricing for Cyber Services is dependent on the full term or subscription periods specified in any such Ordering Document. Motorola will have the right to suspend the Services if Customer fails to make any payments when due 5.2. License True -Up. Motorola will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Software during a Subscription Term, and Customer will cooperate with such audit. If Motorola determines that Customer's usage of the Subscription Software during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, Motorola may invoice Customer for the additional licenses used by Customer, pro- rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the MCA. 5.3. Customer Data. For avoidance of doubt, for Cyber Services so long as not specifically identifying the Customer, "Customer Data," as defined in the MCA, shall not include, and Motorola shall be free to use, share and leverage security threat intelligence and mitigation data generally, including without limitation, third party threat vectors and IP addresses, file hash information, domain names, malware signatures and information, information obtained from third party sources, indicators of compromise, and tactics, techniques, and procedures used, learned or developed in the course of providing Services 5.4. Future Regulatory Requirements. The Parties acknowledge and agree that Cyber Service is an evolving technological area and therefore, laws and regulations regarding Services may change. Changes to existing Services required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services. 6. Liability. 6.1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER'S ORTHIRD PARTIES' SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION -BASED SERVICES; OR (E) BETA SERVICES. 6.2. Direct Damages . For avoidance of doubt, notwithstanding the limitation set out in Section 8.2 of the MCA, the direct damages limitation for Cyber services provided under this SSA and limited to the fees, or the portion of fees, relating only to the Cyber Security Services under this SSA, even if such Services are offered or bundled with other Motorola services. 6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.1 — Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable. 7. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at subscO�)jfitftddendum V.2023.02.17 4 15 - 73 5/6/2025 https://www.motorolasolutions.com/en us/about/privacy-policy.html#privacystatement, as may be updated from time to time. Motorola holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Agreement to allocate the respective roles as joint controllers. 8. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 — Term; Section 5 — Payment; Section 6.1 — Additional Exclusions; Section 8 — Survival. Subsc , W MmWdendum V.2023.02.17 5 15 — 74 5/6/2025 Vigilant Addendum This Vigilant Addendum ("Vigilant Addendum") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below or in the MCA ("Customer"), and will be subject to, and governed by, the terms of the Motorola Solutions Customer Agreement entered into between the Parties, effective as of , 2025 (the "MCA"), and the Subscription Software Addendum ("SSA"). Capitalized terms used in this Vigilant Addendum, but not defined herein, will have the meanings set forth in the MCA or applicable Addendum. 1. Addendum. This Vigilant Addendum governs Customer's purchase and use of Motorola's Vigilant automated license plate recognition software and hardware Products ("LPR Products"). In addition to the MCA, other Addenda may be applicable to LPR Products offered under this Vigilant Addendum, including the Subscription Software Addendum ("SSA"), with respect to Subscription Software, and Equipment Purchase and Software License Addendum ("EPSLA") for Equipment sold as part of any LPR Products, together with any other applicable terms herein. LPR Products may also include Subscription Software on such Equipment or otherwise made available to Customer, as further described below. This Vigilant Addendum will control with respect to conflicting terms in the MCA or any other applicable Addendum, but only as applicable to the Products purchased under this and not with respect to other Products or Services. 2. Definitions. Camera License Key ("CLK") means an electronic key that will permit each camera (one CLK per camera) to be used with Vigilant CarDetector and/or Subscription Software Commercial Booking Images refers to booking images collected by commercial sources and available on Vigilant VehicleManager with a paid subscription. Commercial Data means both Commercial Booking Images and Commercial LPR Data. Commercial LPR Data refers to LPR data collected by private sources and available on Vigilant VehicleManager with a paid subscription. License Plate Recognition ("LPR") refers to the process of utilizing cameras, either stationary or mounted on moving vehicles, to capture and interpret images of vehicle license plates. 3. Subscription Software 3.1. CarDetector. Customer may purchase Vigilant CarDetector which is Subscription Software subject to the SSA. For Customers subscribing to CarDetector, Customer is required to obtain a CLK for each Motorola -approved camera which uses CarDetector. A CLK can be obtained by Customer by going to Motorola's company support website and completing the online request form to Vigilant technical support staff. 3.2. Vigilant VehicleManager and Vigilant ClientPortal. Subject to the terms below, Customer may purchase a CLK for access to the Law Enforcement Archival Report Network Vigila Eeddon\&oz3.02.20 1 15 — 75 5/6/2025 ("VehicleManager") and/or the Vigilant ClientPortal ("ClientPortal") each of which are "Subscription Software" subject to the terms of the SSA. 3.2.1. Access. Use and access to VehicleManager is strictly restricted to Law Enforcement Agencies ("LEAs") and their Authorized Users. Non -LEAS and their Authorized Users may purchase/access Client Portal. 3.2.2. Data Ownership and Retention. Motorola retains all title and rights to Commercial LPR Data and Commercial Booking Images. Customer shall not utilize Commercial LPR Data or Commercial Booking Images on the behalf of other local, state or Federal LEAs. LPR data and where applicable, booking images, collected by the Customer is considered Customer Data (as defined in the MCA) and is subject to the Customer's own retention policy. LPR data and/or booking images that has reached the end of the retention period set by the Customer in ClientPortal or VehicleManager, will be deleted from ClientPortal or VehicleManager in accordance with Customer's retention policy. Customer retains all rights to LPR data and booking images collected by Customer. 3.2.3. Data Sharing. Customer has the option share its Customer Data with LEA's who contract with Motorola for VehicleManager access. ClientPortal customers may also share its Customer Data with other non -LEA customers who have a contract with Motorola for ClientPortal access. If Customer opts, in its sole discretion, to share such data with another customer, the sharing Customer thereby grants to the recipient customer the rights to use such data in accordance with the terms of VehicleManager or Client Portal, as applicable. 3.2.3.1. LEA Customers. If Customer is an LEA, other similarly situated LEAs that collect their own LPR data and booking images may opt to share such data with Customer using VehicleManager. Additionally, Non -LEA Client Portal customers may also share their own LPR data with LEA Customer. Such LPR data or booking images generated by other LEAs or Non -LEA customers is considered Third -Party Data (as defined in the MCA), and shall be used by Customer only in connection with its use of VehicleManager .Third -party LPR data or booking data is governed by the retention policy of it's respective owner, once the Third Party LPR or booking data has reached its expiration date will be deleted from VehicleManager/Client Portal in accordance with the retention terms of the sharing agency. 3.2.3.2. Non -LEA Customers. If Customer is a non -LEA Customer, other similarly situated ClientPortal customers that collect their own LPR data may opt to share such data with Customer using ClientPortal. Such LPR data generated by other ClientPortal customers is considered Third -Party Data (as defined in the MCA), is governed by the retention policy of the respective ClientPortal customer, and shall be used by Customer only in connection with its use of ClientPortal. Third -party LPR data that has reached its expiration date will be deleted from ClientPortal in accordance with the retention terms of the sharing entity. 3.2.4. Motorola in its sole discretion may deny access to ClientPortal or VehicleManager to any individual based on such person's failure to satisfy the requirements set forth hereunder. Customer will ensure no user logins are Vigila Eeddon\&oz3.02.20 2 15 — 76 5/6/2025 provided to agents or officers of other local, state, or Federal LEAs without the express written consent of Motorola. Customer will be responsible for all of its Authorized Users, and use of, ClientPortal or VehicleManager through use of Customer login credentials, including ensuring their compliance with this Addendum. Customer shall notify Motorola immediately if Customer believes the password of any of its Users has, or may have, been obtained or used by any unauthorized person(s). In addition, Customer must notify Motorola immediately if Affiliate becomes aware of any other breach or attempted breach of the security of any of its Users' accounts. 3.2.5. Commercial Data Access. If Customer purchases a subscription to Commercial Data, then Customer shall execute and agree to the terms of Motorola's standard Data License Addendum. 3.2.6. CJIS Security Policy. Motorola agrees to support a law enforcement Customer's obligation to comply with the Federal Bureau of Investigation Criminal Justice Information Services ("CJIS") Security Policy and will comply with the terms of the CJIS Security Addendum for the term of the Addendum or Ordering Document for the applicable Product. Customer hereby consents to Motorola screened personnel serving as the "escort" within the meaning of CJIS Security Policy for unscreened Motorola personnel that require access to unencrypted Criminal Justice Information for purposes of Product support and development. 4. VaaS Program Terms. All hardware provided by Motorola to Customer under the LPR Product program will be considered "Equipment", as defined in the EPSLA, and constitutes a purchase of such Equipment subject to the terms of the EPSLA. Additionally, the following terms and conditions apply to any LPR Equipment purchased under the VaaS Program 4.1. No -Fault Warranty. Subject to the disclaimers set forth in the MCA and EPSLA, upon delivery of any Equipment purchased under the VaaS Program, Motorola will provide a No-fault Warranty to Customer for such Equipment that extends until the end of the Commitment Term (as defined below) applicable to such Equipment; except that the No-fault Warranty will not apply to: (i) any Equipment with intentionally altered or removed serial numbers, (ii) any other damages disclaimed under the MCA or EPSLA, or (iii) any Equipment that Motorola determines was changed, modified, or repaired by Customer or any third party. The "No-fault Warranty" means that Motorola will repair or replace any Equipment components or parts that render the applicable Equipment unable to perform its intended purpose. 4.2. Commitment Term. Customer accepts that following the delivery of any Equipment under the Vaas Program, Customer commits to a five (5) year subscription term for such Equipment at the rate provided in the Ordering Document (the "Initial Commitment Term"). If Customer, for any reason, terminates any of its obligations to Motorola prior to expiration of the applicable Commitment Term (as defined below), Customer will be subject to the payments described in Section 4.6.2 — Termination hereunder. 4.3. Additional Devices. Any additional Equipment, including any accessory items, ordered by Customer after Customers' initial purchase of Equipment hereunder may be subject to an incremental increase in Fees. In the event Customer orders additional LPR Equipment within the ninety (90) days immediately following its initial Vigila Eeddon\&oz3.02.20 3 15 — 77 5/6/2025 purchase, such Equipment will be included in and subject to the Initial Commitment Term. Any additional LPR Equipment purchased under the VaaS Program subsequent to such ninety (90) day period, will commence an additional subscription term commitment for such Equipment of five (5) years (a "Subsequent Commitment Term") with respect to the monthly Fee associated with such additional Equipment. For purposes of this Addendum, the Initial Commitment Term and each Subsequent Commitment Term are each also referred to herein as a "Commitment Term". 4.4. Included Subscription Software. 4.4.1. Vigilant VehicleManager or Vigilant ClientPortal. Subject to Section 4.6.1 — VaaS Term, and the SSA, the VaaS Program provides Customer with a subscription to Vigilant VehicleManager or Vigilant ClientPortal, as specified in the Ordering Document, during the VaaS Term (as defined below). Following expiration of the applicable Commitment Term, if Customer desires to continue use of expired Equipment with the Vigilant VehicleManager or Vigilant ClientPortal, Customer must purchase additional access to Vigilant VehicleManager or Vigilant ClientPortal based on Motorola's prevailing rates, or Motorola may disconnect connectivity of any expired Equipment to such software. 4.4.2. CarDetector. Customer will receive a subscription to CarDetector during the VaaS Term, the use of which is subject to the SSA. 4.5. VaaS Program Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay a subscription Fee yearly (each a "Subscription Year"), as set forth in an Ordering Document. If Customer orders any additional LPR Product(s) under the VaaS Program subsequent to the initial purchase by Customer, Fees for such additional LPR Product will be added to the yearly subscription Fee, and will be payable on the same Fee payment schedule as the initial LPR Products purchased by the Customer; provided, however, that for the first Subscription Year during which such additional LPR Product(s) is purchased, the subscription Fee for the applicable additional LPR Product(s) will be pro -rated based on the applicable number of days remaining in the such initial Subscription Year. 4.6. VaaS Term and Termination. 4.6.1. VaaS Term. Customer's participation in the VaaS Program will commence upon the receipt of the LPR Products under the VaaS Program, and will continue through the end of the final Commitment Term hereunder ("the VaaS Term"). Following the end of any Commitment Term, Customer's access to the Subscription Services with respect to the Equipment purchased relative to that Commitment Term will expire, and Customer must download or transfer all Customer Data associated with the applicable Equipment within thirty (30) days following expiration unless Customer purchases extended access to the Subscription Services at the prevailing rates. Motorola may, but has no obligation to retain Customer Data for expired Equipment beyond thirty (30) days following expiration of the applicable Commitment Term. For example, if Customer purchases 100 devices on January 1 of Year 1 of the Initial Commitment Term, and then 100 additional devices on January 1 of Year 3, on December 31 of Year 5 (i.e., the conclusion of the Initial Commitment Term), Customer's access to the Subscription Services with respect to the first 100 Vigila eebon\EPz3.02.20 4 15 — 78 5/6/2025 devices will be discontinued, and Customer must purchase extended access to the Subscription Services or transfer all Customer Data associated with the first 100 devices within thirty (30) days of expiration of the Initial Commitment Term. In the foregoing example, the access to Subscription Services for the second 100 devices purchase will extend until December 31 of Year 7. 4.6.2. Termination. The termination provisions applicable to VaaS Program will be those set forth in the MCA, EPSLA and SSA, as applicable. If Customer's participation in the VaaS Program is terminated for any reason prior to the end of the Initial Commitment Term or any Subsequent Commitment Term, Customer will pay the pro -rated remainder of the aggregate Equipment MSRP price (prevailing as of the time of delivery), calculated by multiplying the MSRP price of all LPR Product Equipment purchased under the VaaS Program by the percentage resulting from dividing the number of months remaining in the Commitment Term applicable to such Equipment by sixty (60). In the event Customer purchased Equipment on multiple dates, resulting in separate Commitment Terms for certain Equipment, the preceding calculation will be made relative to the applicable Commitment Term for each Equipment order. For example, if Customer purchased $1,000 worth of Equipment on January 1 of Year 1 of the VaaS Term, and then $1,000 worth of Equipment on January 1 of Year 2, and then Customer's VaaS Program terminates on December 31 of Year 3, Customer will be required to repay: $1,000 x (24/60) + $1,000 x (36/60), which is equal to $1,000 in the aggregate. 4.6.3. Post Termination Subscription Software Access. Upon completion of the VaaS Term, Customer may elect to purchase additional CLKs, at then current rates, for continued Vigilant CarDetector and/or Subscription Software access. If applicable, additional network costs, at then current rates, may apply. Any continued Software Subscription access shall continue to be governed by the MCA, SSA, and Vigilant Addendum. 5. Survival. The following provisions will survive the expiration or termination of this Vigilant Addendum for any reason: Section 1 — Addendum; Section 3 — Subscription Software; Section 4.41 — Vigilant VehicleManager or Vigilant ClientPortal; Section 4.5 — VaaS Payment; 4.6 — VaaS Term and Termination; Section 5 — Survival. Vigila Eeddon\&oz3.02.20 5 15 — 79 5/6/2025 EXHIBIT A City Council 15 — 80 5/6/2025 QUOTE-3014423 AOFOYOROLA SOLUTIONS The design, technical Pricing, and other information ("Information") furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote t' M tion is not to be disclosed publicly or in an m�erito�r�yq,gbgrher than those required to evaluate the Information without tta�expreavg en permission of Motorola. '�� II other trademarks are MOTOROLA, MO O, MOT Qd ClU3 Hd the Stylized M Logo are trademarks or registered trademark of Niat Id Trademark Holdings, LLC and are use the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 0 A6070RQLA SOLUTIONS 04/01/2025 SANTA ANA POLICE DEPT, CITY OF 20 CIVIC CENTER PLZ M-16 RM 429 SANTA ANA, CA 92701 Dear Gil Hernandez, QUOTE-3014423 Motorola Solutions is pleased to present SANTA ANA POLICE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide SANTA ANA POLICE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Troy Sakaguchi at Troy.Sakaguchi@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Troy Sakaguchi City Council 15 — 82 5/6/2025 0 A40YOROLA S0LUTIOA-S Billing Address.- SANTA ANA POLICE DEPT, CITY OF 20 CIVIC CENTER PLZ M-16 RM 429 SANTA ANA, CA 92701 US L51M as a Service 1 SUB-CDM-2-L5M 2 VSB-54015 3 VS-DLF-01 4 CDMS-HWW MOBILE LPR 2-CAM 4 SUBSCRIPTION CDM-2-34--L5M 12 16 L5M 4 CAM W VLP DEVICE LICENSE FEE 8 MOBILE LPR CAMERA KIT 8 EXTENDED HARDWARE WARRANTY -VALID FROM STANDARD WARRANTY EXPIRATION 5 YEARS 5 YEARS 4 YEARS QUOTE-3014423 Quote Date:04/01 /2025 Expiration Date:06/15/2025 Quote Created By: Troy Sakaguchi Troy.Sakaguchi@ motorolasolutions.com End Customer: SANTA ANA POLICE DEPT, CITY OF Gil Hernandez ghernandez@santa-ana.org (714) 245-8275 $18,750.00 $17,343.75 $69,375.00 Included Included Included Included Included Included Included Included Included 5 SSU-TRAVEL TRAVEL 1 $3,375.00 $3,121.88 $3,121.88 6 PDS-LPR-SS PROJECT DELIVERY 4 $995.00 $920.38 $3,681.52 SERVICES-LPR 7 HRDWR-INST-SS HARDWARE 1 $8,985.60 $8,311.68 $8,311.68 INSTALLATION L6Q as a Service 8 VSFS-L6Q-SOL-S-SIM FIXED LPR SUBSCRIPTION 24 5 YEARS $14,974.80 $13,851.69 $332,440.56 PACKAGE - L6Q (SOLAR) W/CELLULAR 9 VS-DLF-01 DEVICE LICENSE FEE 24 5 YEARS Included Included Included 10 LSV07SO4314A LPR REMOTE 24 5 YEARS Included Included Included MONITORING Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between mipment Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Mat City Council 15 — 83 5/6/2025 Page 3 0 M070HOLA SOLUTIONS 11 LSV07SO4315A 12 CDFS-L6Q-HWW-01 13 VSB-60-901 14 VERIZON-LTE-DATA Subtotal Estimated Tax Grand Total LPR STANDARD ONSITE 24 REPLACEMENT FIXED L6Q CAMERA 24 SYSTEM EXTENDED HARDWARE WARRANTY - VALID FROM STANDARD WARRANTY EXPIRATION KIT, L6Q AND SOLAR 24 PANEL CAT 1 W/ SIM SOFTWARE,VERIZON-LTE- 24 DATA 5 YEARS 4 YEARS Included Included QUOTE-3014423 Included Included Included Included Included Included Included 5 YEARS Included Included Included $416,930.64 $37,167.95 $454,098.59(USD) Special Terms: The Parties mutually agree that the total not to exceed amount payable by the Customer under this Agreement shall not exceed $494,098.59, inclusive of a contingency of $40,000. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Mot , City Council 15 — 84 5/6/2025 Page 4 0 MOTOR OLA S OL U TIONS Pricing Summary Upfront Costs* Upfront Subscription Fee Sub Total: Year 2 Subscription Fee Year 3 Subscription Fee Year 4 Subscription Fee Year 5 Subscription Fee L5M as a Service L6Q as a Service L5M as a Service L6Q as a Service L5M as a Service L6Q as a Service L5M as a Service L6Q as a Service L5M as a Service L6Q as a Service Annually Annually Annually Annually Annually Annually Annually Annually Annually Annually Sub Total: Grand Total System Price (inclusive of Upfront and Annual Costs) *Upfront costs include the cost of Hardware, Accessories and Implementation, where applicable. QUOTE-3014423 $15,115.08 $13,875.00 $66,488.11 $95,478.19 $13,875.00 $13,875.00 $66,488.11 $66,488.11 $13,875.00 $13,875.00 $66,488.11 $66,488.11 $13,875.00 $13,875.00 $66,488.11 $66,488.11 $13,875.00 $13,875.00 $66,488.11 $66,488.11 $321,452.45 $416,930.64 Notes: • The Pricing Summary is a breakdown of costs and does not reflect the frequency at which you will be invoiced. • This quote contains items with approved price exceptions applied against them. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Mot , City Council 15 — 85 5/6/2025 Page 5 aM070ROLA SOLUTIONS QUOTE-3014423 L5M MOBILE SYSTEM SOLUTION DESCRIPTION L5M MOBILE SYSTEM The L5M Mobile Camera System stands out with its industry -leading image sensor, delivering unparalleled low -light performance and precise license plate, make and model recognition. Its global shutter ensures clear capture of highlea - speed vehicles, while its seamless integration with our advanced software suite, VehicleManager, enables comprehensive data analysis and robust management tools, setting a new standard for law enforcement and security operations. Key Features and Benefits: • Superior Detection Capabilities: The L5M Mobile System leverages dual high -quality color and infrared (IR) sensors with dedicated lenses and IR illumination, ensuring the clarity of license plates even at speeds up to 150 MPH. AI -powered make and model identification and ONVIF-compliant video streaming enhance data accuracy and breadth. • Enhanced In -Car User Experience: CarDetector Mobile software provides audio and visual alerts for hot - listed vehicle detections and allows seamless, in -car investigations. The interface is designed for a familiar, efficient user experience and integrates seamlessly with other Motorola products. • Flexible Deployment Options: The L5M Mobile System can be configured with various lenses for 4 to 85- foot scan distances and mounted in multiple positions on vehicles. The VIP processor supports up to four cameras, enabling continuous scanning at up to 60 FPS. Quick activation via CarDetector Mobile and constant connectivity with GPS and LTE ensure reliable performance. • Durable and Low Maintenance: IP68-rated for harsh conditions, the L5M Mobile System withstands shock, vibration, extreme temperatures, and inclement weather. It is designed for year-round use and includes automatic updates to ensure the latest features and optimal performance. • Advanced -Data Management: Integrating with VehicleManager, the L5M Mobile System facilitates detailed searches, hot list management and advanced analytics on billions of LPR records. The system offers transformative vehicle location intelligence while maintaining industry -leading data control and program success security standards. • High -Speed, High -Traffic Performance: Designed for high-speed, high -traffic environments, the L5M Mobile System captures precise, reliable license plate data, enhancing the effectiveness of law enforcement and security operations. Deploy the L5M Mobile System to enhance your LPR capabilities with superior image quality, flexible deployment, and advanced data management and analytics, ensuring reliable performance in any environment. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-86 5/6/2025 Page 6 aM070ROLA SOLUTIONS L6Q CAMERA SYSTEM SOLUTION DESCRIPTION L6Q CAMERA SYSTEM The L6Q camera system revolutionizes license plate recognition (LPR) technology with its sophisticated capabilities, streamlined design, and consumer -grade installation process. This innovative system is ideal for law enforcement agencies and businesses seeking to enhance security through efficient and effective LPR. The L6Q seamlessly integrates with our backend software, VehicleManager or ClientPortal, to offer a comprehensive solution for building or supplementing a camera network, ensuring the safety and security of the communities they serve. Key Features and Benefits: QUOTE-3014423 • Easy Install Out -of -Box: The L6Q's user-friendly design, convenient carry case, and intuitive out -of -box workflow enable one -person installation and activation in minutes, using a smartphone for ultimate ease. • Precise Data Collection: Configure the L6Q to capture vehicles moving at specific speeds and directions. It collects detailed information beyond license plates, including vehicle make, model, color, and speed, even in low -light conditions, enhancing investigative capabilities. • Versatile Power Options: The L6Q operates anywhere with solar, AC/DC, Pole Tap, and internal battery options. It's built to withstand weather conditions and rated to IP67. • Amplified Insight & Awareness: Beyond license plate data, the L6Q has advanced software for managing hot lists, alerts, searches, and patented analytics. Agencies control data retention and sharing, ensuring security and compliance. • App-Based Configuration & Activation: Use the Mobile Companion app on Android or iOS for quick on -site setup. Scan the camera's QR code for guided configuration, including live video -enabled aiming and adjustable image capture regions for improved accuracy. • Advanced Night Vision: Equipped with long-range infrared (IR) illumination and a starlight sensor, the L6Q can scan vehicles even in total darkness, ensuring round-the-clock operation. • Tamper -Proof Design: The L6Q is built to be physically secure with a tamper -proof shroud, easily customized to blend with various environments. Deploy the L6Q to enhance your LPR capabilities with a system designed for ease of use, versatility, and advanced data insights. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-87 5/6/2025 Page 7 aM070ROLA SOLUTIONS QUOTE-3014423 LICENSE PLATE RECOGNITION TECHNOLOGY STATEMENT OF WORK OVERVIEW This Statement of Work (SOW) outlines the responsibilities of Motorola Solutions, Inc. (Motorola) and the Customer for the implementation of fixed or mobile License Plate Recognition (LPR) technology(s) and your License Plate Recognition Technology solution, if Deployment or Installation Services are purchased as part of the Contract. For the purpose of this SOW, the term "Motorola" may refer to our affiliates, subcontractors, or certified third -party partners. A third -party partner(s) (Motorola -certified installer) will work on Motorola's behalf to install your License Plate Recognition Technology system(s) (if applicable). This SOW addresses the responsibilities of Motorola and the Customer that are relevant to the implementation of the hardware and software components listed in the Solutions Description. Any changes or deviations from this SOW must be mutually agreed upon by Motorola and the Customer and will be addressed in accordance with the change provisions of the Contract. The Customer acknowledges any changes or deviations from this SOW may incur additional cost. Motorola and the Customer will work to complete their respective responsibilities in accordance with the Project Schedule. Any changes to the Project Schedule must be mutually agreed upon by both parties in accordance with the change provisions of the Contract. Unless specifically stated, Motorola will perform the work remotely. The Customer will provide Motorola personnel with access to their network and facilities so Motorola is able to fulfill its obligations. The Customer is responsible for acquisition and use of a remote access tool that complies with the regulations controlling use of the remote access tool. All work will be performed during normal business hours based on the Customer's time zone (Monday through Friday from 8:00 a.m. to 5:00 p.m.). The number and type of software subscription licenses, products, or services provided by Motorola are specifically listed in the Contract and referenced in the SOW. Services provided under this SOW are governed by the mutually executed Contract between the parties, or Motorola's Master Customer Agreement and applicable addenda ("Contract"). AWARD, ADMINISTRATION, AND PROJECT INITIATION Project Initiation and Planning will begin following the execution of the Contract between Motorola and the Customer. At the conclusion of Project Planning, Motorola's Project Manager (PM) will begin status meetings and provide status reports on a regular cadence with the Customer's PM. The status report will provide a summary of activities completed, activities planned, progress against the project schedule, items of concern requiring attention, as well as, potential project risks and agreed upon mitigation actions. Motorola utilizes Google Meet as its teleconference tool. If the Customer desires to use an alternative teleconferencing tool, any costs incurred from the use of this alternate teleconferencing tool will be the responsibility of the Customer. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 5/6/2025 Page 8 aM070ROLA SOLUTIONS QUOTE-3014423 FBI-CJIS SECURITY POLICY — CRIMINAL JUSTICE INFORMATION CJIS Security Policy Compliance Motorola does not believe our LPR and License Plate Recognition Technology offerings require compliance with the FBI-CJIS Security Policy (CJISSECPOL) based on the definition in Section 4 of CJISSECPOL and how the FBI-CJIS defines Criminal Justice Information. However, Motorola does design its products with the CJISSECPOL security controls as a guide. Motorola's LPR system design and features support best practice security controls and policy compliance. In the event of a CJIS technical audit request, Motorola will support the Customer throughout this process. Personnel Security — Background Screening Motorola will assist the Customer with completing the CJIS Security Policy Section 5.12 Personnel Security related to authorized personnel background screening when requested to do so by the Customer. Based on Section 5.12, a Motorola employee is defined as someone who is required to be on the Customer's property with unescorted access. Motorola employees will also have access to the Customer's network(s) and stored information. Motorola has remote access tools to support virtual escorted access to on -premises customer assets. Additionally, Motorola performs independent criminal background investigations including name based background checks, credential and educational vetting, credit checks, U.S. citizen and authorized worker identity verification on its employees. Motorola will support the Customer in the event of a CJIS audit request to validate employees assigned to the project requiring CJIS Section 5.12 Personnel Security screening and determine whether this list is up to date and accurate. Motorola will notify the Customer within 24 hours or next business day of a personnel status change. Security Awareness Training Motorola requires all employees who will support the Customer to undergo Level 3 Security Awareness Training provided by Peak Performance and their CJIS online training platform. If the Customer does not have access to these records, Motorola can facilitate proof of completion. If the Customer requires additional and/or separate training, Motorola will work with the Customer to accommodate this request at an additional cost. CJIS Security Addendum Motorola requires all employees directly supporting the Customer to sign the CJIS Security Addendum if required to do so by the Customer. Third Party Installer The Motorola -certified third party installer will work independently with the Customer to complete the Section 5.12 Personnel Security checks, complete Security Awareness Training and execute the CJIS Security Addendum. COMPLETION CRITERIA The project is considered complete once Motorola has completed all responsibilities listed in this SOW. The Customer's task completion will occur based on the Project Schedule to ensure Motorola is able to complete all tasks without delays. Motorola will not be held liable for project delays due to incomplete Customer tasks. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-89 5/6/2025 Page 9 aM070ROLA SOLUTIONS QUOTE-3014423 The Customer must provide Motorola with written notification if they do not accept the completion of Motorola responsibilities. Written notification must be provided to Motorola within ten (10) business days of task completion. The project will be deemed accepted if no written notification is received within ten (10) business days. In the absence of written notification for non -acceptance, beneficial use will occur thirty (30) days after functional demonstration of the system. SUBSCRIPTION SERVICE PERIOD If the contracted system includes a subscription, the subscription service period will begin upon the Customer's receipt of credentials for access. The provision and use of the subscription service is governed by the Contract. PROJECT ROLES AND RESPONSIBILITIES OVERVIEW Motorola Project Roles and Responsibilities (if applicable) The Motorola Project Team will be assigned to the project under the direction of the Motorola Project Manager. Each team member will be engaged in different phases of the project as necessary. Some team members will be multi -disciplinary and may fulfill more than one role. In order to maximize effectiveness, the Motorola Project Team will provide various services remotely by teleconference, web -conference, or other remote method in order to fulfill our commitments as outlined in this SOW. Our experience has shown customers who take an active role in the operational and educational process of their system realize user adoption sooner and achieve higher levels of success with system operation. The subsections below provide an overview of each Motorola Project Team Member. Project Manager (PM) The PM will be the principal business representative and point of contact for Motorola. The PM's responsibilities may include but are not limited to: • Manage Motorola responsibilities related to the delivery of the project. • Maintain the Project Schedule, and manage assigned Motorola personnel, subcontractors, and suppliers as applicable. • Coordinate schedules of assigned Motorola personnel, subcontractors, and suppliers as applicable. • Maintain project communications with the Customer. • Identify and manage project risks. • Coordinate collaboration of Customer resources to minimize project delays. • Evaluate project status against Project Schedule. • Conduct status meetings on mutually agreed upon dates to discuss project status. • Provide timely responses to Customer inquiries and issues related to project progress. • Conduct status calls with the Customer throughout the Project up to and including Go -Live. System Technologist The System Technologist (ST) will work with the Customer's Project Team on: • Camera programing • Camera alignment Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-90 5/6/2025 Page 10 aM070ROLA SOLUTIONS QUOTE-3014423 • Licensed Software Training • Develop and submit Start Up and Commissioning Sign Off (SSU&C) Technical Trainer / Instructor The Technical Trainer / Instructor provides training in accordance with the Training Plan provided to the Customer. Motorola -Certified Installer The Motorola -certified installer is primarily responsible for installing in -car and fixed LPRs. There are specific requirements the 3rd party partner must meet in order to be considered a Motorola -certified installer, and they include (but are not limited to) the following: Required Training • SSU&C Onsite Training - Included Certification testing completed and passed • Networking (must meet one of the following three requirements) - CompTia Network + Certification - Networking Degree in IT - Basic Networking RDS003 • ASE Certification for Mobile Installers • Electrical Certification Electrical Certification/Permitting Low Voltage Certification High Voltage Certification • Equipment Certification - Bucket Truck Certification - Any applicable testing equipment certification Other responsibilities the Motorola -certified installer may be involved in include the fixed and/or mobile installation of cellular routers, wired networks, poles, trenching, and conduit runs as well as the manufacturing and/or service of trailers. These activities will only be completed by Motorola if Motorola quotes these services; otherwise, the completion of these services are solely the responsibility of the Customer. Customer Support and Services Team The Customer Support and Services Team will provide on -going support to the Customer following Go -Live and final acceptance of the project. Customer Project Roles and Responsibilities (if applicable) Motorola has defined key resources that are critical to this project and must participate in all the activities defined in this SOW. During the Project Planning phase, the Customer will be required to provide names and contact information for the roles listed below. It is critical that these resources are empowered to make decisions based on the Customer's operational and administration needs. The Customer Project Team will be engaged from Project Initiation through Beneficial Use of the system. In the event the Customer is unable to provide the resources identified in this section, Motorola may be able to supplement these resources at an additional cost. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-91 5/6/2025 Page 11 aM070ROLA SOLUTIONS Project Manager QUOTE-3014423 The PM will act as the primary point of contact for the duration of the project. In the event the project involves multiple locations, Motorola will work exclusively with the Customer's primary PM. The PM's responsibilities will include, but are not limited to: • Communicate and coordinate with other project participants. • Manage the Customer Project Team including subcontractors and third -party vendors. This includes timely facilitation of tasks and activities. • Maintain project communications with the Motorola PM. • Identify tasks required of Customer staff that are outlined in this SOW and the Project Schedule. • Consolidate all project inquiries from Customer staff to present to Motorola PM. • Approve a deployment date offered by Motorola. • Review Project Schedule with the Motorola PM and finalize tasks, dates, and responsibilities. • Measure and evaluate progress against the Project Schedule. • Monitor project to ensure resources are available as required. • Attend status meetings. • Provide timely responses to issues related to project progress. • Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers. • Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date. • Ensure Customer vendors' readiness ahead of the deployment date. • Assign one or more personnel to work with Motorola staff as needed for the duration of the project, including one or more representatives from the IT department. • Identify a resource with authority to formally acknowledge and approve milestone recognition certificates, as well as, approve and release payments in a timely manner. • Provide Motorola personnel with access to all Customer facilities where system equipment is to be installed. Temporary identification cards are to be issued to Motorola personnel, if required for access. • Ensure remote network connectivity and access for Motorola resources, if applicable to the solution. • Assume responsibility for all fees pertaining to licenses, permits, inspections and any delays associated with inspections due to required permits as applicable to this project. • Provide reasonable care to prevent equipment exposure from contaminants that may cause damage to the equipment or interruption of service. • Ensure a safe working environment for Motorola personnel. • Identify and manage project risks. • Provide signature(s) of Motorola -provided milestone recognition certificate(s) within ten (10) business days of receipt. IT Support IT Support manages the technical efforts and ongoing activities of the Customer's system. IT Support will be responsible for managing Customer provisioning and providing Motorola with the required information for LAN, WAN, server and client infrastructure. The IT Support Team responsibilities include but are not limited to: • Participate in delivery and training activities to understand the software and functionality of the system. • Participate with Customer Subject Matter Experts (SMEs) during the provisioning process and associated training. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-92 5/6/2025 Page 12 aM070ROLA SOLUTIONS QUOTE-3014423 • Authorize global provisioning decisions and be the Point of Contact (POC) for reporting and verifying problems. • Monitor firmware updates • Implement changes to Customer infrastructure in support of the proposed system. Agency Manager The Agency Manager will act as the primary POC upon project completion. • Push internal requests for updates through appropriate channels • Monitor all firmware updates and all other security measures for physical hardware as required by the Customer internal policies • Administer users • Audit reports • Manage Hotlist and Hotlist functionality • Attend Agency Manager training • Oversee or act as the training POC • Ensure all Authorized Users are aware of usage restrictions and any applicable terms related to the use of the LPR System • Controls appropriate use and data storage policies as well as procedures for the data maintained outside the LPR system. This includes when any information is disseminated, extracted or exported out of the LPR system • Controls and is responsible for developing the policies, procedures, and enforcement for applying deletion/purging and dissemination rules to information within and outside of the LPR system. • Ensure data and system protection strategies are accomplished through the tools provided by Motorola for account and user management features along with audit and alert threshold features. Subject Matter Experts (SMEs) SMEs are a core group of users involved with the analysis, training and implementation process. The SMEs should be experienced users in their own respective field (evidence, dispatch, patrol, etc.) and should be empowered by the Customer to make decisions based on workflows and department policies related to the proposed system. General Customer Responsibilities (If Applicable) In addition to the Customer responsibilities listed above, the Customer is responsible for the following: • Customer Site. If the Solution is to be installed at a Customer location ("Site"), the Solution will only be installed and/or evaluated at the Customer sites identified. • Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola's access to the Sites. This includes, but is not limited to providing a traffic safety plan to facilitate the safe deployment of all Equipment that is installed on, over, or near Sites with active roadways. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void. The Equipment used for the Services will only be located at such site. • If the Solution is to be accessed remotely, Customer will only access Solution in the manner described by Solution documentation or as otherwise instructed by Motorola. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-93 5/6/2025 Page 13 aM070ROLA SOLUTIONS QUOTE-3014423 Site Conditions and Issues. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. • All costs associated with permitting. • Supply a proper power source to all Motorola Solutions provided equipment. • Provide ALL points of attachment for hardware that include fixed LPR Cameras and associated equipment and ensuring all equipment is attached in accordance with local policies and codes. • Supply any new infrastructure required to mount or attach the Motorola Solutions hardware to. • Trenching as required for the purpose of running electrical power • All poles and existing infrastructure that are not being purchased from Motorola as part of the LPR solution. • All Utility locates needed for impacted areas. • Providing the communications point of attachment for each site. • When cellular service is used as the point of connection, customer is responsible for providing cellular service and SIM cards if they are not being purchased from Motorola as part of the LPR solution. • All Customer -provided equipment, including third -party hardware and software needed for the proposed system but not listed as a Motorola deliverable. Examples include end user workstations, network equipment, etc. • Configure, test, and maintain third -party system(s) that will interface with the proposed system. • Establish an Application Programming Interface (API) for applicable third -party system(s) and provide documentation that describes the integration to the Motorola system. • All work is to be performed by Motorola -certified installers. The Customer is responsible for work performed by non -certified installers. • Upgrades to Customer's existing system(s) in order to support the proposed system. • Mitigate the impact of upgrading Customer third -party system(s) that will integrate with the proposed system. Motorola strongly recommends working with the Motorola Project Team to understand the impact of such upgrades prior to taking action. • Electronic versions of any documentation associated with business processes identified. • Ability to participate in remote project meetings using Google Meet or a mutually agreed upon Customer - provided remote conferencing tool. • Manage the Hotlist in accordance with the rules and regulations of the Customers State. Motorola is not responsible for any delays that arise from Customer's failure to perform the responsibilities outlined in this SOW or delays caused by Customer's third -party vendor(s) or subcontractor(s). NETWORK AND HARDWARE REQUIREMENTS The following requirements must be met by the Customer prior to Motorola installing the proposed system: • Provide network connectivity for the transfer and exchange of data for the proposed system. • Provide remote access for Motorola personnel to configure the system and conduct diagnostics. • Provide Internet access to fixed and mobile equipment. • Provide devices such as workstations, tablets, and smartphones with Internet access for system usage. Chrome is the recommended browser for optimal performance. The workstations must support MS Windows 11 Enterprise. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-94 5/6/2025 Page 14 aM070ROLA SOLUTIONS QUOTE-3014423 • Provide and install antivirus software for workstation(s). • Provide Motorola with administrative rights to Active Directory for the purpose of installation, configuration, and support (if applicable). • Ensure required traffic is routed through Customer's firewall. Motorola is not responsible for any costs or delays that arise from Customer's failure to meet network and hardware requirements. PROJECT PLANNING A clear understanding of the needs and expectations of Motorola and the Customer is critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of specific information to set clear project expectations and guidelines, as well as lay the foundation for a successful implementation. Project Planning Session (if applicable) A Project Planning Session will be scheduled after the Contract has been executed. The Project Planning Session is an opportunity for the Motorola and Customer PM to meet prior to the Project Kickoff Meeting and review key elements of the project and expectations. Depending on the items purchased, the agenda will typically include: • A high level review of the following project elements: - Contract documents. - A summary of contracted applications and hardware as purchased. - Customer's involvement in project activities to confirm understanding of scope and required time commitments. - A high level Project Schedule with milestones and dates. • Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or subcontractors. • Confirm Customer location for Motorola to ship their equipment for installation. Motorola Responsibilities • Schedule the remote Project Planning Session. • Request the assignment of Customer Project Team and any additional Customer resources that are instrumental to the project's success. • Provide the initial Project Schedule. • Baseline the Project Schedule. • Review Motorola's delivery approach. • Document mutually agreed upon Project Kickoff Meeting Agenda. • Request user information required to establish the Customer in associated training portals. Customer Responsibilities • Identify Customer Project Team and any additional Customer resources that are instrumental to the project's success. • Acknowledge the mutually agreed upon Project Kickoff Meeting Agenda. • Provide approval to proceed with the Project Kickoff Meeting. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-95 5/6/2025 Page 15 aM070ROLA SOLUTIONS QUOTE-3014423 Motorola Deliverables • Project Kickoff Meeting Agenda. Project Kickoff (if applicable) Motorola will work with the Customer to understand the impact of introducing a new solution and the preparedness needed for a successful implementation. Note — The Detail Design Review (DDR), if applicable, is completed during the pre -sales process and normally completed prior to Contract award. Delay in the DDR review may impact the project schedule. Motorola will not be responsible for additional costs or delays incurred for Customer requested changes to the DDR. Motorola Responsibilities • Review Contract documents including project delivery requirements as described in this SOW. • Discuss the deployment start date and deliver the Deployment Checklist. • Discuss Mobile LPR equipment installation activities and responsibilities. • Discuss Fixed LPR installation activities and responsibilities. • Discuss project team participants and their role(s) in the project with fulfilling the obligations of this SOW. • Review resource and scheduling requirements. • Review the DDR, arranging for additional meeting for review as needed • Review the Credentials Form • Discuss Motorola remote system access requirements (24-hour access to a secured two-way Internet connection through the Customer's firewall for the purpose of deployment and maintenance). • Complete all necessary documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities. • Discuss the Training Plan. • Review and agree on completion criteria and the process for transitioning to support. Customer Responsibilities • Provide feedback on project delivery requirements. • Review the Deployment Checklist. • Review the roles of project participants to identify decision -making authority. • Grant Motorola Support access in the License Plate Recognition Technology program • Validate non -disclosure agreements, approvals, and other related items are complete (if applicable). • Provide all documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities. Motorola Deliverables • Project Kickoff Meeting Minutes • Deployment Checklist Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-96 5/6/2025 Page 16 aM070ROLA SOLUTIONS QUOTE-3014423 PROJECT EXECUTION Hardware Procurement and Installation (if applicable) Motorola will procure contracted hardware as part of the ordering process. The Customer is responsible for providing an installation environment that meets manufacturer's specifications for the hardware, which includes but is not limited to: • Power • Heating and Cooling • Network Connectivity • Access and Security • Conduit and Cabling Motorola Responsibilities • Procure contracted equipment and ship to the Customer's designated location. • Verify remote connection to hardware. • The installer will be responsible for installing all Motorola provided hardware. • Installer will utilize a certified electrician when wiring power to equipment. • Verify whether the hardware is properly installed, connected to the network, and positioned to capture license plate data. (if applicable). • Create a Trip Report outlining the activities completed during configuration and testing of system hardware. Customer Responsibilities (if applicable) • Provide Motorola with the correct IP address(es) for configuration • Ensure the Customer's network is operational. • Inventory LPR equipment after arrival at Customer location. • Procure Customer -provided equipment and make it available at the installation location. • Install backend server in Customer's designated area (if applicable). • Confirm the server room complies with environmental requirements (i.e. power, uninterruptible power, surge protection, heating/cooling, etc.)(if applicable). • Verify the server is connected to the Customer's network and installed for use.(if applicable) • Conduct a power -on test to validate the installed hardware and software are ready for configuration. • Provide, install, and maintain antivirus software for server(s) and/or workstation(s). • Enable outgoing network connection (external firewall) to License Plate Recognition Technology • Install Customer -supplied Access Points (if applicable). • Verify all equipment directly connected to power is properly installed and connected to the network (if applicable). • For remote deployments, the Customer is responsible for verifying all equipment is connected to their network • Confirm access to installed software on Customer -provided workstation(s). Motorola Deliverables • Contracted Equipment Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-97 5/6/2025 Page 17 aM070ROLA SOLUTIONS Mobile LPR Camera System (If Applicable) QUOTE-3014423 The Motorola -certified installer will complete the installation of the Mobile LPR system(s) within the Customer - provided vehicle(s) or selected location. The installer may also be responsible for installing cellular routers or Wi- Fi radios inside the vehicle(s) for wireless upload of video and images. The Customer vehicles must be available for the ST to complete the configuration and testing of the contractual number of Mobile LPR cameras. If the Customer does not have all vehicles available during the agreed upon date and time, the Customer may opt to sign -off on the number of Mobile configurations completed. If the Customer requires the ST to complete the full contractual number of Mobile LPR Cameras at a later date and time, additional cost may be incurred. Note — The Pricing Page will reflect the Mobile LPR installation services by Motorola if Motorola is responsible for the installations. Motorola Responsibilities • Setup server for Mobile LPR digital video recorder (DVR) configuration. • Create configuration USB used to complete Mobile LPR hardware configuration and validation. • Travel to the Customer site to conduct configuration and testing of Mobile LPRs. • Complete Mobile LPR configuration on a single vehicle, and validate the configuration with the Customer. • Point and aim the Mobile LPR camera for image capturing. • Install Licensed Software on Customer -provided mobile data terminal (MDT) • Configure MDT Netowrk Card • Enable Al in Video Manager • Configure NetMotion (if applicable) • Receive Customer approval to proceed with remaining Mobile LPR configurations. • Complete remaining contracted vehicle configurations. • Test a subset of completed Mobile LPR hardware configurations. • For Motorola -certified installer, complete the installation of cellular router and confirm placement of antenna mounting with Customer (if applicable). • The Motorola -certified installer will install Customer -provided SIM card into cellular router and connect cellular router to the Mobile LPR (if applicable). Customer Responsibilities • Provide Motorola with remote connection and access credentials to complete Mobile LPR hardware configuration. • Notify Motorola of the vehicle installation location. • Coordinate and schedule date and time for Mobile LPR hardware configuration(s). • Make Mobile LPR hardware available to Motorola for configuration and testing in accordance with the Project Schedule. • Provide cellular SIM Card for Internet connectivity to the installer at time of installation. Motorola Deliverables • Complete Configuration and camera aiming as it applies to the proposed solution. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-98 5/6/2025 Page 18 aM070ROLA SOLUTIONS QUOTE-3014423 Fixed LPR Camera System Configuration (If Applicable) The Motorola -certified installer will complete the installation of the Fixed LPR system(s) within the Customers designated locations. The installer may also be responsible for installing cellular routers or Wi-Fi radios for wireless upload of video and images. In the instance where Customer has purchased a self -deploy or quick - deploy camera without deployment or installation, the below Motorola responsibilities will be absorbed by the Customer. Motorola Responsibilities • Review preliminary plans for installation • Verify with customer that proper permits and authorizations have been obtained • Identify installation locations (pole or infrastructure asset) on which to install the Fixed LPR camera • Motorola -certified installer will install the Fixed LPR camera • Point and aim the Fixed LPR camera for image capturing • Install License Plate Recognition Technology Software Customer Responsibilities • Approve installation locations • Obtain necessary permits and authorizations • Provide power to installation locations • Provide any required trenching • Coordinate with local utility companies in the case of any interrupted service requests or instances NOTE - The Customer is responsible for having all vehicles and devices available for installation per the Project Schedule. All cellular data fees and Internet connectivity charges are the responsibility of the Customer. When cellular service is used as the point of connection, customer is responsible for providing cellular service, and SIM cards if they are not being purchased from Motorola as part of the LPR solution. If a Motorola -certified installer is not used for installation, Motorola is not responsible for any errors in hardware installation, performance or delays in the Project Schedule. In the event the Customer takes on the responsibility of installing LPR cameras through a Motorola -certified installer, Motorola is also not responsible for any errors in hardware installation, performance or delays in the Project Schedule. For in -car LPR installations, an MDT is required for all vehicles (if applicable). Automatic License Plate Recognition (ALPR) Commissioning (If Applicable) This section highlights the responsibilities of Motorola and the Customer when a Motorola In -Car Video (ICV) system interfaces with the LPR database. Motorola Responsibilities • Create a Customer account in the LPR data system with authorized user emails. • Verify License Plate Recognition Technology software has been installed and launched per the Quickstart Guide. • Provide Mobile LPR - Officer Safety Basic and Advanced Pre -Installation Checklist. • Provide Agency Manager with Training Materials and Licensed Software MDT installation guide. • Advise Agency Manager of different options available to add new users. • Confirm Agency Manager is aware of registration required for Hotlists. • Confirm Agency Manager understands how to set up data -sharing. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15-99 5/6/2025 Page 19 aM070ROLA SOLUTIONS QUOTE-3014423 Customer Responsibilities • Identify the Agency Manager. • Register to receive access to Hotlists. SOFTWARE INSTALLATION AND CONFIGURATION (IF APPLICABLE) Motorola will install LPR software on a specified number of workstations. The Customer will be responsible for installing the software on the remaining workstations. Licensed Software for the Mobile LPR Solution Licensed Software is used in conjunction with Mobile LPR cameras. Installation consists of the following activities: • Network discovery. • Operating system and software installation. • Onboarding user / system identity set up. • Provide user access to the application. License Plate Recognition Technology License Plate Recognition Technology software is a cloud solution that does not require an onsite server and supports the full LPR Solution. Motorola Responsibilities • Based on Customer feedback, perform the following activities: - Create users, groups, and permissions. • Test to ensure software is accessible to the Customer Customer Responsibilities • Verify traffic can be routed through Customer's firewall and reaches end user workstations. CloudConnect Installation and Configuration (applicable for CommandCentral Aware purchase) Motorola Responsibilities • Verify remote access capability. • Remotely configure CloudConnect Virtual Machine within the Cloud Anchor Server. • Configure network connectivity and test connection to the CloudConnect Virtual Machine. • Create an IPSEC tunnel. • Provide Customer with the information for setting up the IPSEC tunnel. Customer Responsibilities • Provide Motorola with two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP for the CloudConnect Virtual Machine and the Cloud Anchor Server. • Confirm with Motorola the network performance requirements are met. • Configure firewall to allow traffic from IPSEC tunnel. Completion Criteria • CloudConnect Virtual Machine configuration is complete and accessible throughout the network. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 100 5/6/2025 Page 20 aM070ROLA SOLUTIONS CommandCentral Evidence (if applicable) QUOTE-3014423 Motorola will work with the Customer to determine best industry practices, current operations environment, and subsystem integration to ensure optimal configuration of your CommandCentral Evidence solution. Motorola Responsibilities • Use the CommandCentral Admin Portal to provision users, groups, and rules based on Customer Active Directory data. • Guide the Customer in the configuration of CommandCentral Evidence. Customer Responsibilities • Supply access and credentials to Customer's Active Directory for the purpose of Motorola conducting CommandCentral Evidence provisioning. • Respond to Motorola's inquiries regarding users, groups and agency mapping to CommandCentral Evidence. • Provision policies, procedures, and user permissions. • Configure evidence as directed by Motorola. Third -Party Interfaces (if applicable) The integration between Motorola's LPR system and the Customer's third -party system may consist of an iterative series of activities depending on the complexity of accessing the third -party system. Interfaces will be installed and configured in accordance with the Project Schedule. The Customer is responsible for engaging third -party vendors as required to facilitate connectivity and testing of the interface(s). Motorola Responsibilities Develop and configure interface(s) to support the functionality described in the Solution Description. Establish and validate connectivity between Motorola and third -party systems. Perform functional demonstration to confirm the interface(s) can transmit and receive data to the Customer's digital evidence management system. Customer Responsibilities • Act as liaison between Motorola and third -party vendor(s) as required to establish connectivity to the LPR system. • Provide personnel authorized to make changes to the network and third -party systems to support Motorola's integration efforts. • Provide network connectivity between the LPR and the third -party system(s). • Provide information on API, SDKs, data scheme, and any documentation necessary to establish interfaces with all local and remote systems. This information should be provided to the Motorola PM within ten (10) business days of the Interface Engagement Meeting. NOTE - At the time of initial design, unknown circumstances, requirements or anomalies may present difficulties with interfacing Motorola products to a third -party application. These difficulties could result in a poorly performing or a non-functional interface. By providing Motorola with this information early in the deployment process, will put us in the best position to mitigate these potential issues. If the resolution requires additional third -party integration, application upgrades, APIs, and/or additional software licenses, the Customer is responsible for addressing these issues at their cost. Motorola is not responsible for any delays or costs associated with third -party applications or Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 101 5/6/2025 Page 21 aM070ROLA SOLUTIONS QUOTE-3014423 Customer -provided third -party hardware or software. All APIs provided by Motorola or integrations with third -party software are provided AS IS. Motorola is not liable for any claims or damages associated with third party applications, or Customer -provided third party hardware or software. SYSTEM TRAINING The objective of this section is to prepare for and deliver training. Motorola training consists of computer -based (online) and instructor -led (on -site or remote). Our training delivery methods will vary depending on course content. Training will be delivered in accordance with the Training Plan. As part of our training delivery, Motorola will provide user guides and training materials in an electronic format. Online Training (if applicable) Online training is made available to the Customer through LXP and/or Motorola vetted third party platforms. Motorola Responsibilities • Designate a LXP Administrator to work with the Customer (if applicable). • Establish an accessible instance of LXP for the Customer (if applicable). • Configure a Customer -specific portal view. • Organize content to align with Customer's selected technologies. • Create initial Customer user accounts and a single Primary Administrator account.. • Provide technical support for user account and access issues, LXP functionality, and Motorola managed content (if applicable). • Provide instruction to Customer on building groups. • Coordinate third party platform usage and additional course offerings Customer Responsibilities • Provide user information for the initial creation of accounts. • Complete LXP Administrator training (if applicable). • Ensure network and Internet connectivity for Customer access to training platforms. Instructor -Led Training (On -Site and/or Remote, if applicable) Instructor -led courses are based on products purchased and the Customer's Training Plan. Motorola Responsibilities • Deliver User Guides and training materials in an electronic format. • Perform training in accordance with the provided Training Plan. • Provide the Customer with training attendance rosters and summarize any pertinent information that may impact end user training. Customer Responsibilities • Supply classroom(s) with the required computer and audio-visual equipment for training. • Designate training representatives who will work with the Motorola trainer(s) to deliver the training content. • Facilitate training of all Customer end users in accordance with the Customer's Training Plan. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 102 5/6/2025 Page 22 aM070ROLA SOLUTIONS QUOTE-3014423 Motorola Deliverables • Electronic versions of User Guides and training materials. • Attendance rosters. PROJECT GO -LIVE, CLOSURE, AND HANDOVER TO SUPPORT Motorola will utilize the Deployment Checklist throughout the deployment process to verify features and functionality are in line with installation and configuration requirements. The Customer will witness the ST demonstrating the Deployment Checklist and provide feedback as features and functionality are demonstrated. The Customer is considered Live on the system after the equipment has been installed, configured, and made available for use, and training has been delivered or made available to the Customer. Upon the conclusion of Go -Live, the project is prepared for closure. Project closure is defined as the completion of tasks and the Customer's receipt of contracted components. The Deployment Checklist serves as the artifact that memorializes a project closure. A System Acceptance Certificate will be provided to the Customer for signature to formally close out the project. The Customer has ten (10) business days to provide Motorola with a signed System Acceptance Certificate. If the Customer does not sign off on this document or provide Motorola written notification rejecting project closure, the project will be deemed closed. Upon project closure, the Customer will engage with Technical Support for on -going needs in accordance with the Customer's specific terms and conditions of support. Motorola Responsibilities • Provide the Customer with Motorola Technical Support engagement process and contact information. • Provide Technical Support with the contact information of Customer users who are authorized to engage Technical Support. • Ensure Deployment Checklist is complete. • Obtain Customer signature on the System Acceptance Certificate. • Provide Customer survey upon closure of the project. Customer Responsibilities • Within ten (10) business days of receiving the System Acceptance Certificate, provide signatory approval signifying project closure. • Provide Motorola with the contact information of users who are authorized to engage Motorola's Technical Support. Engage Technical Support as needed. Motorola Completion Criteria • Provide Customer with survey upon closure of the project. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 103 5/6/2025 Page 23 aM070ROLA SOLUTIONS QUOTE-3014423 ASSUMPTIONS This SOW is based on the following list of assumptions (if applicable): • Customer is aware of and abiding by their States' laws, mandates and requirements in relation to the Hotlist • Pole installations will be done on grassy/dirt/gravel areas or sites where excavation can easily be done with fstandard auger equipment. • Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies) • Information provided and approved in the Presales DDR process was accurate Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 104 5/6/2025 Page 24 aM070ROLA SOLUTIONS QUOTE-3014423 LPR REMOTE MONITORING SERVICE STATEMENT OF WORK OVERVIEW The Remote Monitoring service provides Motorola Solutions' Network Operations Center ("NOC") with operational status of Customer's LPR cameras, enabling the NOC to provide proactive technical support response to defined alerts from the Customer's camera system. When an actionable event takes place, it becomes an incident. Centralized Managed Support Operations ("CMSO") technologists acknowledge and assess these incidents, and initiate a defined response. This Statement of Work ("SOW"), including all of its subsections and attachments, is an integral part of the applicable agreement and applicable addenda ("Agreement") between Motorola Solutions, Inc. ("Motorola Solutions") and the customer ("Customer"). All services provided under this SOW shall be governed by the terms of the Agreement. DESCRIPTION OF SERVICE This service is made up of two main components: 1. Upon initial purchase of this Service, Motorola Customer Representatives will onboard the Customer to receive service. 2. The alerts will be monitored and responded to by the NOC. Alerts will be generated based on the health status of the camera. These alerts may be tied to events like a camera losing power or not recording detections after a defined period of time. SCOPE Remote Monitoring service will provide a response to detected health status alerts. The NOC will begin the standard troubleshooting process on the system directly and initiate the appropriate next steps. MOTOROLA SOLUTIONS RESPONSIBILITIES • Verify connectivity and event monitoring prior to system acceptance or start date of the Service. • Once alerted, create an incident, as necessary. Gather information to perform the following: - Describe the event - Assign and track the incident to resolution (if applicable) • Electronically transmit the Incident ticket to the Customer. • Maintain communication as needed with the Customer in the field until incident resolution. • Upon request, provide updates on incident resolution to the Customer. • If the Customer would like to have an on -site technician dispatched, LPR Standard On -site Replacement is an optional solution available for purchase with associated fees. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 105 5/6/2025 Page 25 aM070ROLA SOLUTIONS QUOTE-3014423 LIMITATIONS AND EXCLUSIONS The following activities are outside the scope of the LPR Remote Monitoring service: • Motorola Solutions will not monitor alerts from any elements outside of the Customer's identified LPR solution, or monitor infrastructure provided by a third party, unless specifically agreed upon in writing. Monitored elements must be within the Motorola LPR Solution and capable of sending alerts to the monitoring platform. • Customer shall inform Motorola Solutions of any changes made to the Motorola Solutions System. Motorola Solutions is not responsible or liable for Services necessary due to such changes. Additional support charges above contracted service agreement fees may apply if Motorola Solutions determines that system faults were caused by the Customer or a third party making changes to the System without written approval from Motorola Solutions. • Monitoring of network transport, such as WAN ports, WAN Cloud and redundant paths, unless provided by supplemental service outside this standard scope. • On -site visits required to resolve technical issues that cannot be resolved by working remotely with the Customer's technical resource. • System installations, hardware upgrades and expansions. • Customer training. • Hardware repair and/or replacement. • Network security services. • Information Assurance. • Customer -provided or third -party equipment, services or software not provided by Motorola. CUSTOMER RESPONSIBILITIES • Provide internet connectivity for the camera(s) included in this service, unless otherwise provided as agreed upon by Motorola Solutions. • Purchase camera licenses for any cameras covered by this service. • Provide access to the camera as needed for troubleshooting efforts. • Provide continuous utility service to any Motorola Solutions supported equipment installed or used at the Customer's premises to support delivery of the service. The Customer agrees to take reasonable due care to secure the Motorola Solutions supported equipment from theft or damage while on the Customer's premises. • Prior to contract start date, provide Motorola Solutions with pre -defined information necessary to complete a Customer Support Plan (CSP), including: - Incident notification preferences and procedure - Repair verification preference and procedure - Database and escalation procedure forms • Submit timely changes in any information previously supplied to Motorola Solutions and included in the CSP. • Notify the CMSO when the Customer performs any activity that impacts the system. Activity that impacts the system may include, but is not limited to: installing software or hardware upgrades, performing upgrades to the network, renaming elements or devices within the network, moving (including install ing/reinstalling/deinstalling) cameras, and taking down part of the system to perform maintenance. All such changes must be communicated through the opening of a Change ("CRQ) ticket with the NOC. • Allow Motorola Solutions field service technician, if designated in the CSP, access to remove Motorola Solutions -owned monitoring equipment upon cancellation of service. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 106 5/6/2025 Page 26 aM070ROLA SOLUTIONS QUOTE-3014423 • Provide Motorola Solutions with all Customer -managed passwords required to access the Customer's system upon request, when opening a request for service support, or when needed to enable response to a technical issue. • Pay additional support charges above the contracted service agreements that may apply if it is determined that system faults were caused by the Customer or a third party making changes to the System without written approval from Motorola Solutions, or if Customer -provided network connectivity is not capable of supporting consistent heartbeat event transmission. Additional fees may be necessary to resolve an issue, based on the exclusions above. • Cooperate with Motorola Solutions and perform reasonable or necessary acts to enable Motorola Solutions to provide these services. RESPONSE TIMES In the event of an incident, a ticket is opened. Motorola Solutions will provide an initial response during normal business hours: 8:00 a.m. to 5:00 p.m, Monday through Friday; excluding statutory (Federal and State) holidays, and excluding Customer -specific holidays when a Customer representative would not be available to collaborate with the CMSO Service Desk. Motorola's response time will be based on Customer's local time zone. Upon ticket opening, the CMSO Service Desk and Technical Support will determine if a replacement camera and/or solar panel will be required to resolve the incident. Motorola will then notify Customer to request an advance replacement unit through their warranty coverage. If On -site Standard Replacement has been purchased and meets requirements, the Customer will then notify the Service Desk upon receipt of the replacement unit. Motorola will aim to have a Field Service Technician arrive on - site within 8 hours of confirmation that Customer has received the replacement unit. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 107 5/6/2025 Page 27 aM070ROLA SOLUTIONS QUOTE-3014423 LPR STANDARD ON -SITE REPLACEMENT STATEMENT OF WORK OVERVIEW Motorola Solutions' LPR Standard On -site Replacement service provides incident management for on -site technical service requests associated with hardware replacement provided under warranty or extended warranty. The service is delivered by Motorola's Centralized Managed Support Operations ("CMSO") in cooperation with a local service provider. This Statement of Work ("SOW"), including all of its subsections and attachments, is an integral part of the applicable master agreement and any applicable addenda ("Agreement") between Motorola Solutions, Inc. ("Motorola") and the customer ("Customer"). All services provided under this SOW shall be governed by the terms of the Agreement. LPR On -site Replacement Service may also be referred to herein as On -site Support. DESCRIPTION OF SERVICE The Motorola CMSO team will receive a request for support that may ultimately require replacement of the hardware under warranty. This replacement will then result in a request for on -site service. The dispatched field service technician will travel to the Customer's location to restore the system in accordance with Section 1.8: Response Times. Motorola will manage incidents as described in this SOW. The CMSO Service Desk will maintain contact with the field service technician until incident closure. GEOGRAPHIC AVAILABILITY LPR Standard On -site Replacement is available in the United States where certified Motorola servicers are present. Response times are based on the Customer's local time zone, availability of personnel and equipment, and site location. INCLUSIONS LPR Standard On -site Replacement Service is provided for Motorola -manufactured equipment, specifically the L6Q camera and associated solar panel, whose installed height is reachable using a maximum 14-foot A -frame ladder. In addition, the equipment must be covered by a warranty plan with advanced replacement as a prerequisite for the LPR Standard On -site Replacement Service. LIMITATIONS AND EXCLUSIONS The following items are excluded from this service: • All Motorola -manufactured equipment beyond the post -cancellation support period. • Any technical service requests related to equipment or hardware no longer under warranty, third -party equipment or software, including Broadband Services and related hardware. • Physically damaged equipment. • Accessories and consumable items including, but not limited to, batteries, connectors, cables, toner or ink cartridges, tower lighting, laptop computers, monitors, keyboards and mouse. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 108 5/6/2025 Page 28 aM070ROLA SOLUTIONS QUOTE-3014423 • Retrieval of video from malfunctioning LPR Cameras. • Construction related services and poles. • Procurement or use of a Bucket Truck or any specialized equipment for accessing or servicing equipment above 14-foot height. • Permitting (unless otherwise agreed upon by parties in writing), local licensing and coordination and costs associated with Public Safety. • State or City -specific specialty contractor licenses. • Procuring or coordinating traffic control where the service is to be performed. • Any electrical or utility work that may be found to be required to restore operation of the equipment. • RF infrastructure and backhaul components, including but not limited to, antennas, transmission lines, antenna dehydrators, microwave, line boosters, amplifiers (such as tower top amplifiers and bi-directional amplifiers), logging recorders, data talker wireless transmitters, short haul modems, combiners, multicouplers, duplexers, shelters, shelter HVAC, generators, UPS's and test equipment. • Racks, furniture and cabinets. • Tower and tower -mounted equipment • Non-standard configurations, customer -modified equipment, and certain third -party equipment, software or solutions. • Any services and replacements during unsafe conditions, including but not limited to Acts of God, Natural Disasters and unsafe weather and site conditions. MOTOROLA SOLUTIONS RESPONSIBILITIES • Receive service requests. • Dispatch a field service technician, as necessary and in accordance with Motorola standard procedures, and provide necessary incident information. • Provide the required personnel access to relevant Customer information, as needed. • Motorola Solutions field service technician will perform the following on -site: - If applicable, evaluate the customer's environment and equipment to determine the source of the issue. This may result in restoration of camera functionality without replacement. - If necessary, replace defective LPR Equipment, per the warranty or extended warranty coverage associated with the defective equipment. - Technician will be equipped with the tools and documentation needed to perform the work and will supply ancillary materials required to perform the service - Update the component with the latest Firmware and/or Software updates and confirm updates. • Close the incident upon receiving notification from the Customer or Motorola field service technician, indicating the incident is resolved. • Provide incident activity reports to the Customer, if requested. CUSTOMER RESPONSIBILITIES • Prior to start date, provide Motorola with the following pre -defined Customer information and preferences necessary: - Incident notification preferences and procedure - Repair verification preference and procedure - Database and escalation procedure forms • As part of service onboarding, establish a Maintenance User Account (username/login) that is to be provided to the responding on -site technician, to be utilized by the technician in effecting camera configuration as needed. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 — 109 5/6/2025 Page 29 aM070ROLA SOLUTIONS QUOTE-3014423 • Submit timely changes to any information, previously supplied to Motorola, which is needed for Motorola to perform the service. • Provide the following information when initiating a service request: - Serial number of Camera Assigned System ID number Problem description and site location - Other pertinent information requested by Motorola to open an incident Provide field service technician with prompt and safe access to equipment - Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use and maintenance of the Products and Services. Customer is responsible for providing a security detail to facilitate a safe working environment, at Motorola's request, while a Motorola employee or servicer/subcontractor is conducting on -site demonstrations, installations or site walks. If Motorola or Customer identifies any deficiencies or non -conformities in the Site, Customer will promptly remediate such issues or the Parties will select a replacement Site. • Maintain and store software needed to restore the system in an easily accessible location. • Maintain and store proper system backups in an easily accessible location. • Cooperate with Motorola and perform reasonable or necessary acts to enable Motorola to provide these services. • Provide a primary onsite contact to be available, as needed, to the Motorola technician. • In the event that Motorola agrees in writing to provide supplemental LPR On -site Replacement Services to Customer -provided third -party elements, the Customer agrees to obtain and provide applicable third -party consents or licenses to enable Motorola to provide the service. All services provided by Motorola in this case are provided AS IS with no warranties or representations. Additionally, Motorola disclaims all liability for any claims related to supplemental services and third -party elements. • Customer responsible to complete the advanced replacement cycle and return camera. • Customer responsible for ensuring the solar panels and camera lenses are inspected and cleaned annually. RESPONSE TIMES In the event of an incident, a ticket is opened. Motorola will provide an initial response during normal business hours: 8:00 a.m. to 5:00 p.m, Monday through Friday; excluding statutory (Federal and State) holidays, and excluding Customer -specific holidays when a Customer representative would not be available to collaborate with the CMSO Service Desk and onsite technician. Motorola's response time will be based on Customer's local time zone, availability of personnel and equipment and site location. Upon ticket opening, the CMSO Service Desk and Technical Support will determine if a replacement camera and/or solar panel will be required to resolve the incident. Motorola will then notify Customer to request an advance replacement unit through their warranty coverage. Customer will then notify the Service Desk upon receipt of the replacement unit. Motorola will aim to have a Field Service Technician arrive on -site within 8 hours of confirmation that Customer has received the replacement unit. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"') that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. City Council 15 —110 5/6/2025 Page 30 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Service Agreement for HVAC and Lighting Control Systems AGENDA TITLE Service Agreement with Siemens Industry, Inc. for HVAC and Lighting Control Systems Maintenance (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Siemens Industry, Inc., for HVAC and Lighting Control System maintenance services in the amount of $705,649, plus a contingency amount of $70,565, for a total amount not to exceed $776,214 for a term beginning July 1, 2025 and expiring June 30, 2026, with provisions for four, one- year extensions (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's (PWA) Parks, Fleet, Facilities, and Refuse Division is responsible for the maintenance and repair of City -owned facilities, including the heating, ventilation, and air conditioning (HVAC) systems. Siemen's Industry, Inc. (Siemen's) currently provides maintenance and repair of control systems that regulate the Siemen's HVAC equipment at seven locations including City Hall, Ross Annex, Main Library, Newhope Library, Corporate Yard, Santa Ana Senior Center, and the Santa Ana Regional Transportation Center. Siemen's also provides external lighting at the Corporate Yard facility. Santa Ana City Ordinance No. NS-3041 authorizes the City to make non -bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that Siemens Industry, Inc. is the sole provider capable of meeting PWA's specifications for the maintenance of proprietary Siemens building automation control systems. Siemen's offers specialized service and support for Siemens proprietary equipment, requiring trained technicians with access to Siemens technical service bulletins and system updates to ensure uninterrupted optimal operation of building automation and HVAC systems. City Council 16 — 1 5/6/2025 HVAC and Lighting Control Systems Maintenance and Repair May 6, 2025 Page 2 The existing agreement with Siemens expires June 30, 2025 with a total compensation amount not to exceed $661,659. Of that, $515,317 was spent for annual maintenance and as -needed repairs. To continue providing uninterrupted service and technical support for the proprietary building automation control systems, staff recommends awarding a new agreement with Siemens Industry, Inc. for a total amount not to exceed $776,214, including all available extensions (Exhibit 1). The new recommended agreement includes pricing reflective of increasing annual maintenance costs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be included in the proposed Fiscal Year 2025-26 budget under the following accounts. Subsequent funding for the renewal options, if exercised, will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $129,447 2025-26 Buildings & Ground Santa Ana PWA — SARTC 06717650- Regional Operations, $21,574 62320 Transportation Maintenance & Repair Center Buildings & Ground Optional Extensions 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $131,194 Buildings & Ground 2026-27 Santa Ana PWA — SARTC 06717650- Regional Operations, $21,866 62320 Transportation Maintenance & Repair Center Buildings & Ground 07317100- Building Building Maintenance, 62320 Maintenance Maintenance &Repair $133,009 Buildings & Ground 2027-28 Santa Ana PWA — SARTC 06717650- Regional Operations, $22,167 62320 Transportation Maintenance & Repair Center Buildings & Ground 07317100- Building Building Maintenance, 2028 29 62320 Maintenance Maintenance & Repair $134,876 Buildings & Ground City Council 16 — 2 5/6/2025 HVAC and Lighting Control Systems Maintenance and Repair May 6, 2025 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description Santa Ana PWA — SARTC 06717650- Regional Operations, $22,480 62320 Transportation Maintenance & Repair Center Buildings & Ground 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $136,801 Buildings & Ground 2029-30 Santa Ana PWA — SARTC 06717650- Regional Operations, $22,800 62320 Transportation Maintenance & Repair Center Buildings & Ground TOTAL $776,214 EXHIBIT(S) 1. Agreement with Siemens Industry, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 16 — 3 5/6/2025 EXHIBIT 1 AGREEMENT WITH SIEMENS INDUSTRY INC. TO PROVIDE HVAC AND LIGHTING CONTROLS TECHNICAL SUPPORT AND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 66 day of May, 2025 by and between Siemens Industry Inc., a Delaware corporation, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to provide HVAC and lighting controls technical support and maintenance services for City facilities. B. City and Contractor previously entered into Agreements Nos. A-2015-078, dated May 5, 2015, and A-2020-114, dated June 2, 2020, by which Contractor provided these services. Agreement No. A-2020-114 expires on June 30, 2025. C. City and Contractor desire to enter into another agreement to provide continuity of these services and because the respective systems are proprietary in nature. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work, which is attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and changes identified in Exhibit A. The total compensation for services provided shall not exceed Seven Hundred, Seventy -Sex Thousand, Two Hundred and Fourteen Dollars ($776,214) during the term of the Agreement, including any extension periods. The sum is comprised of (1) a base amount of $705,649 for the entirety of the term, including extensions, and (2) a contingency in the amount of $70,565 for the entirety of the term, including extensions. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and City Council 16 — 4 5/6/2025 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2025 for a one (1) year term and end on June 30, 2026, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to four (4), one-year periods upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE City Council 16 — 5 5/6/2025 Contractor shall procure and maintain for the duration of the Agreement, the following insurance coverages: MINIMUM SCOPE OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance. If the Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. City Council 16 — 6 5/6/2025 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Nadia Orozco, 20 Civic Center Plaza, M-11, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. City Council 16 — 7 5/6/2025 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY City Council 16 — 8 5/6/2025 If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT City Council 16 — 9 5/6/2025 Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. City Council 16 — 10 5/6/2025 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5635 To Contractor: Siemens Industry, Inc. Attention: Brian Lockridge, Sales Manager 6141 Katella Avenue Cypress, CA 90630 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the City Council 16 —11 5/6/2025 power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] City Council 16 — 12 5/6/2025 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Z Maxv� Kyle llesen Assistant City Attorney RECOMMENDED FOR APPROVAL: h h Digitally signed by Saba N a i I Saba Datbel 2025.04.21 11:27:25-07'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR: Brian Lockridge Sales Manager Electronically signed by. Brian Lockridge Date: Anr 14.2025 16:19 PDT City Council 16 — 13 5/6/2025 EXHIBIT A City Council 16 — 14 5/6/2025 SIEMENS PROPOSAL City of Santa Ana SA Renewal PREPARED BY Siemens Industry, Inc. ("Siemens") PREPARED FOR CITY OF SANTA ANA DELIVERED ON February 27, 2025 SMART BUILDINGS Transforming the Everyday SIEMENS Table of Contents INTRODUCTION.............................................................................................................. 1 ProposalInformation............................................................................................. 1 ContactInformation.............................................................................................. 3 CUSTOMER OVERVIEW.................................................................................................... 4 ExecutiveSummary............................................................................................... 4 Siemens Capabilities & Customer Commitment...................................................... 5 SERVICE OFFERINGS......................................................................................................... 5-8 SERVICE IMPLEMENTATION PLAN.................................................................................... 8 Connectivity and Communications......................................................................... 8 Service Agreement Contract Characteristics.......................................................... 9 Equipment Related Services................................................................................. 10 GeneralServices.................................................................................................. 11 ServiceTeam....................................................................................................... 12 TERMS AND CONDITIONS............................................................................................. 13 Termsand Conditions.......................................................................................... 13 Agreement Terms for Investments....................................................................... 14 SIGNATUREPAGE......................................................................................................... 15 SignaturePage.................................................................................................... 15 APPENDICES................................................................................................................. 16 Siemens Service Portfolio..................................................................................... 16 City Council 16-16 5/6(W2 of 16 Contact Information Sales Executive: Branch Address: Telephone: Email Address: Customer Contact: Customer: Address: Services shall be provided at Proposal # Date Cam Hart 6141 Katella Ave Cypress, CA 90630 6572980350 cam.hart@siemens.com Phil Neff CITY OF SANTA ANA 20 CIVIC CENTER PLZ SANTA ANA CA 92701 SIEMENS 9574285 February 27, 2025 City Hall, City Yard, Library - Main, Library - Newhope Santa Ana Senior Center, Train Station (SARTC), Ross Annex City Council 16 — 17 5/63 of 16 SIEMENS Executive Summary Customer Needs The Services proposed in this agreement are specifically designed for CITY OF SANTA ANA, and the services provided herein will help you in achieving your facility goals. Services Included Siemens will provide the following services. Service Description • Smart Building Assessment • Preventive Maintenance & Customer Directed Support - Automation • Software Maintenance • (A) Online Data Backup and Protection Service • Preventive Maintenance & Customer Directed Support - Mechanical Service to be provided at: 1. City Hail: 20 Civic Center Plaza, Santa Ana, CA 92701 2. City Yard: 122 N Newhope St, Santa Ana, CA 92703 3. Library- Main: 26 Civic Center Plaza, Santa Ana, CA 92701 4. Library - Newhope: 220 S Daisy Ave, Santa Ana, CA 92703 5. Santa Ana Senior Center: 424 W. Third St., Santa Ana, CA 92701 6. Train Station (SARTC): 1000 E. Santa Ana Blvd., Santa Ana, CA 92701 7. Ross Annex: Next Door to City Hall City Council 16 — 18 5/64 of 16 SIEMENS Siemens Capabilities & Customer Commitment Smart Building Assessment About Smart Building Assessments Your building automation system continually generates valuable information from its network of sensors and end devices. Smart Building Assessment is the first step in our Smart Building Commissioning process, and we will leverage the value of that data via Siemens' proprietary tools and methods. The goal is to provide insights into opportunities for operational and energy -efficient improvements specific to your building and situation. Smart Building Assessment Deliverables The Smart Building Assessment will provide: • An Air Handler Unit Report for the selected systems (up to 3) • A Zone Controller Analysis report for the zone controllers associated with these air handlers (up to 150 total) Air Handler Unit Reports The Air Handler Unit Report logically presents operational trend data from the included systems to facilitate quick, accurate diagnosis and communication of deficiencies and potential improvements. The proprietary visualizations used in this report put operational data into context with relation to sequence and weather influence, allowing for improved detection and diagnosis of issues compared to time -series data on its own. This analysis's recommendations include low-cost keystroke corrections and more significant improvement measures. Zone Controller Data Analysis Zone Controller Data Analysis is a unique approach applied to room -level control devices. Rather than spend time creating trends for dozens of points on hundreds of devices, which can be taxing on the infrastructure of the BAS as well as labor-intensive, the snapshot analysis takes a moment -in -time look at all the operational data on a zone controller. It identifies issues with both operations and controller configuration. This snapshot analysis strikes the right balance between issue identification and efficiency. Upon completion of these reports, the Siemens customer team (consisting of the Client Service Manager, Service Technician, and Energy Engineer) will meet with the client to review the findings and help develop an action plan to address the deficiencies and potential improvements that have been identified. City Council 16 — 19 5/65 of 16 SIEMENS Assessment Scope The scope of this assessment includes air handlers and associated zone controllers. Analysis will be limited to temperature control, economizer control, and fan speed control. Exclusions Any pneumatically controlled equipment is excluded from the scope of this analysis. Any equipment that does not communicate via BACnet is excluded from this analysis. Analysis of AHU controls not included in the assessment scope (such as humidification, CO2 control, and heat recovery systems) are excluded from the scope of this analysis. Analysis of pressurization control (Ex. labs, surgery, etc.) is excluded from this analysis. BAS Historian sampling a small amount of data at 5-minute intervals should not affect network performance. Siemens is not responsible for network performance issues. Siemens Industry, Inc. is a leading single -source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. Siemens is a financially strong global organization with a Branch network that delivers personalized service and support to customers in multiple industries and locations. References are available upon request. City Council 16 — 20 5/66 of 16 Building Services — Automation SIEMENS Services that deliver the outcomes you want to achieve Services delivered by Siemens have been developed to help you achieve the outcomes you expect. Scope of Services Customer Directed Support & Preventive Maintenance — Automation Customer Directed Support, Siemens will provide a trained and experienced specialist or technician. The in- tent of this service is to offer targeted labor assistance in correcting, adjusting and enhancing the needs and objectives of the facility and its operational efficiencies. Specific job responsibilities, goals, work hours and other associated deliverables of this service are listed in the Appendix section of this service agreement. In addition, We will provide preventive maintenance in accordance with a program of routines as determined by our experience, equipment application and location. Automation controls can drift out of calibration with changes in HVAC component performance characteristics, building use, and climatic conditions. This service will extend equipment life, reduce energy consumption, and reduce the risk of costly and disruptive break- downs. As it relates to operator/system coaching, we will also review and reinforce learned skills, leading to greater operator knowledge and productivity. Siemens will assist your operators in identifying, verifying and resolving problems found in executing tasks. Based on the site requirement, site conditions and equipment present at the site, some of the tasks performed during preventive maintenance include the following: • Visually Inspect cabinet and observe operating environment • Check Diagnostic LEDs and electrical wiring and tighten loose connections • Identify overridden HOA Switches • Review with the customer before attempting to change/correct • Verify supply air pressure to the panel, if applicable • Pinch branch line and check for leaks (Pressure drop), if applicable • Check for air leaks and oil or water contamination • Ensure all wiring and tubing is dressed properly • Secure all loose components in panel • Clean as necessary Note: The tasks mentioned above are generic tasks. All the above tasks may or may not be performed based on the equipment maintained at your facility. • The equipment to be included as part of this service, is itemized in the List of Maintained Equipment in this service agreement Software Maintenance Siemens will address any programming errors, failed points, points in alarm, unresolved points or points in operator priority, both at the front-end workstation and at the field panel. We will perform this service using onsite visits and/or remote services (if applicable). City Council 16 — 21 5/67 of 16 Online Data Backup & Protection SIEMENS Siemens will perform scheduled database backups remotely of all graphics, reports, configurations, user information and databases, and store this information on a cloud -based secure server. If, for any reason, any of the backed -up information or data is lost from your system, Siemens can reload the information or data on -site or remotely, with your backup copy (if covered elsewhere within this service agreement). The frequency and equipment to be included as part of this service is itemized in the List of Equipment Related Services. Online backups of the SQL database, historical data, and trends are not included with the Desigo CC application backup. Building Services — Mechanical Services that deliver the outcomes you want to achieve Services delivered by Siemens have been developed to help you achieve the outcomes you expect. Scope of Services Customer Directed Support & Preventive Maintenance — Mechanical Pneumatic controls can drift out of calibration with changes in mechanical component performance, building use, and climatic conditions. Siemens will provide preventative maintenance in accordance with a program of standard routines that include calibration as determined by our experience, equipment application and location. Siemens will follow the customers direction as to which pieces of equipment will be addressed under this offering. In addition, with the customer directed support, Siemens will provide a mechanic or pipefitter who will work under your direction. The intent of this service is to offer trained and experienced labor assistance in completing a special project, or meet a facility objective. Specific job responsibilities, goals, work hours and other associated deliverables of this ser- vice are listed in the Appendix section of this service agreement. Connectivity and Communications Siemens Service Portal The Service Portal complements the personalized services you will receive from your local Siemens office by providing greater visibility into equipment and services delivered by Siemens. This web -based portal allows you the ability to submit service re- quests, confirm and modify schedules, track repairs, manage agreements, generate reports, and access critical information; then share it across your entire enterprise quickly and efficiently. The Service Portal is a user-friendly way to increase your productivity and the value of your service program. Data security as a basic requirement We value confidentiality and long-term partnerships. That is why we give the security of your data the highest priority. Before we implement an enhanced service package with remote support, we conduct an indepth analysis of the situation, taking into account national and international regulations, technical infrastructures and industry specifics. Our service employees carefully evaluate your needs on an individual basis with a view toward information security. Annual Repair and Maintenance Funds Funds for Miscellaneous and Unplanned Issues The city & Siemens recognizes the importance of maintaining the aging infrastructure of your facility systems and that there may be unplanned failures that will need to be attended immediately. There will be $75,000 allotted per fiscal year in addition to the dollar amount for the annual services for these unplanned projects and issues that occur. City Council 16 — 22 5/68 of 16 Service Agreement Contract Characteristics Description Hours of Coverage (Billable) Response Times (Phone/Online) (Billable) Response Times (Onsite/Emergency) (Billable) Remote Services Third Party Systems Monitoring Additional Labor Discount Additional Material Discount SIEMENS 24x7 2 Hours 4 Hours Yes No No 20% 60% Labor and material discounts are applicable for sites identified in this agreement and are only available for the disciplines included in this agreement. Material discounts do not apply to 3rd party or non -Siemens Building Products manufactured components. EMERGENCY RESPONSES Phone Number to Call: 800-806-0886 You may place a service call to the above phone number if the facility you are calling about has previously been setup in our system. City Council 16 — 23 5/ § of 16 k� a� Q Q Q Q z z z z 0 ov (1) ci u 0 0 0 0 0 J 3 I u c a� Cr a) L- LL N u Q) O CL Cr W Q Ln 00 I'D m c c c c O O O O E E E E 0 0 0 0 Q Q Q Q v v V U c c c c c c c c a) v v a) c c c c a) ai a) a) c c c c a) a) a) a) a� a, v a) CL 0- a CL. z Q U- v O v V O Q V LU N C O U n3 E aa) C � cp 0 2 °C a z U LU U a � co 4- 0 0 City Council 16 — 24 5/6/2025 SIEMENS General Services Automation Service Description da Qty Frequency Year Customer Directed Support (PM) 8 12 1 (A) Online Data Backup and Protection Service 1 1 1 Mechanical IService Description Qty Frequency Year Customer Directed Support (PM) 8 6 1 Energy 1w Service Description Qty Frequency Year Smart Building Assessment 1 1 1 City Council 16 — 25 5/PW� 1 of 16 SIEMENS Service Team An important benefit of your Service Agreement derives from having the trained building service personnel of Siemens Industry, Inc. familiar with your building systems. Our implementation team of local experts provides thorough, reliable service and scheduling for the support of your system. Added to the team is a team of building experts at our Digital Service Center. The benefits you receive are less disruption to your employees at the site, less intrusive on the system at peak hours, fewer emissions for trucks rolled, and real time analytics with digital workspace hours. The following list outlines the service team that will be assigned to the service agreement for your facility Your Assigned Team of Service Professionals will include: Cam Hart - Sales Executive manages the overall strategic service plan based upon your current and future service requirements. Mish Anderson - Client Services Manager is responsible for ensuring that our contractual obligations are delivered, your expectations are being met and you are satisfied with the delivery of our services. Primary Service Specialist is responsible for performing the ongoing service of your system Remote Services Specialist is responsible for the execution of remote services including proactive planned tasks, in-depth fault analysis and identification of corrective actions. Service Operations Manager is responsible for managing the delivery of your entire support program and service requirements. Service Coordinator is responsible for scheduling your planned maintenance visits, and handling your emergency situations by taking the appropriate action. Secondary Service Specialist who will be familiarized with your building systems to provide Service Administrator is responsible for all in-depth backup coverage. Service Energy Engineer is responsible for delivering analysis and improvement recommendations related to the performance of in -scope mechanical systems. service invoicing including both service agreement and service projects. City Council 16 — 26 5/ �2 of 16 SIEMENS Terms and Conditions Terms & Conditions (www.siemens.com/standard-terms-service) Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU, CMAI, COMEX market indexes or IHS Markit, then Siemens may increase the applicable yearly Investment or apply a surcharge accordingly. As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub -suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub -suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. Online Backup and Data Protection (www.siemens.com/data-backup-addendum) Software License Warranty (www.siemens.com/software-license-addendum) Digital Service Offerings (www.siemens.com/digital-service-addendum) Exclusions and Clarifications (www.siemens.com/clarification-addendum) City Council 16 — 27 5/Wb of 16 Agreement Terms for Investments Services shall be provided at: SIEMENS 1. City Hall: 20 Civic Center Plaza, Santa Ana, CA 92701 2. City Yard: 122 N Newhope St, Santa Ana, CA 92703 3. Library- Main: 26 Civic Center Plaza, Santa Ana, CA 92701 4. Library- Newhope: 220 S Daisy Ave, Santa Ana, CA 92703 5. Santa Ana Senior Center: 424 W. Third St., Santa Ana, CA 92701 6. Train Station (SARTC): 1000 E. Santa Ana Blvd., Santa Ana, CA 92701 7. Ross Annex: Next Door to City Hall Siemens Industry, Inc. shall provide the services as identified in this Proposal and pursuant to the associated terms and conditions contained within. Duration (Initial Term and Renewal): This Agreement shall remain in effect for an Initial Term of 1 Periods beginning July 1, 2025. After the expiration of the Initial Term, this Agreement shall automatically renew for successive one year periods. The Investments for each year after the Initial Term of the Agreement and each year of each renewal of this Agreement shall be determined as the immediate prior year's Investment plus an escalator of 5.5% or as allowed per this proposal (This proposal includes 3.0% escalator for all option periods). In addition, each renewal term pricing shall be adjusted for any additions or deletions to services selected for the renewal term. Initial Term Investments: Year Period Range Jul 1,2025 -Jun 30,2026 Optional Extension Periods: Year 2 Jul 1,2026 - Jun 30,2027 Year 3 Jul 1,2027 - Jun 30,2028 Year 4 Jul 1,2028 - Jun 30,2029 Year 5 Jul 1,2029 - Jun 30,2030 Investment Total Amount Due In Advance Based On Billing Frequency Billing Frequency Annual Price Annually (In Advance) $62,292.00 $64,145.00 Annually (In Advance) $66,069.00 Annually (In Advance) $68,051.00 Annually (In Advance) $70,092.00 Annually (In Advance) $62,292.00* Applicable sales taxes are excluded from the Investments. The pricing quoted in this Proposal is firm for 30 days. Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%. *Siemens' pricing is subject to adjustment for any direct or indirect new or modified taxes, duties, tariffs, or equivalent measures imposed by any U.S. or foreign governmental authority that are applicable to our offering, including any hardware, software, or service components contained therein. Siemens shall be entitled to an equitable adjustment in pricing to reflect the impacts of any such measures. Please note that the aforementioned measures specifically include any price adjustments required as a result of increased costs incurred by Siemens due to tariffs imposed by any governmental authority (including, without limitation, increased costs due to tariffs imposed by any governmental authority on Siemens' vendors). City Council 16 — 28 5/ �4 of 16 SIEMENS Signature Page The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Standard Terms and Conditions of Sale for Services, (together with any other documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter. BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER. Initial Term Investments Period eriod Range 1 Jul 1,2025 -Jun 30,2026 Proposed by: Siemens Industry, Inc. Company Cam Hart Name 9574285 Proposal # $62,292.00 Proposal Amount February 27, 2025 Date Billing Frequency Annual Price i Annually (In Advance) $62,292.00 Accepted by: CITY OF SANTA ANA Company Name (Printed) Signature Title Date Purchase Order # ❑ PO for billinglpmnt only ❑ PO not required City Council 16 — 29 5/ �5 of 16 Siemens Service Portfolio Advisory and Performance Services Sarrrros that kwp syssarns porrormiag .100r b.L as d.sly nod ands Inw.&d ro Operate, 1141p you Achim: • 6pumued —rom safory, and wcurlty • fulfilled r4gulatwyra9u1r.—ks • G... w Is —pa rency Into cntlrar Wstams • F"vQod ppar471nq risk Fac111ty Assessmen L5 Planntaap Indaprh auddrng system asaysNakanl arkd recornmersd.6-% deltnitn. of r.levaad KWs, and 6eW1OGhken1 Of )par yrryKp prograld Test L Inspacdm Regular creekups W Me— sysl.m p4rrormandn compared to your dehrpd Tjohry and regu!atiorr requ ira—lsand risks PrarsonSlye SQNI(ga Seraiws pHfwnwd on a ragafar Schad. or based on data ar wytica to wily and rmprpye Sys Gyro "he G4[umedteTlwl 1rSanap.rn.n t Manogonwi of cro rear buodrng system and colnplarloe information, wish mgsr[i:atiwl and mcoss deterrnined by your n.ads Conacu-Servkas Iaar+edialE raspama rasarslam failures or TOWN to resbPre f-Crkona6ty and Inragkiry lodaskryd stab SIEMENS SIEMENS +e,•aS.t�t, try {8Y �'Ft. 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I- and CompeVikrerl.is Of bsa1ltling5 and Infraslructufa by dalarannq kolullon5 1hel: • C.nwtv4.rorgy • Ma:imtroanr(gnry • MLnlm119 opaallmq Com • S.duoe efndrpn—te Impael F..rgy ASustaknebhlq 6fesmr PlarmmP Stdtl gy Antl P[annsnq si N uses prvyge A dondad wjior pisn to proaida hudgat transparency, em!No wooed parfwm nm and mwrwNlity. mduce erne w c WrkrallKim .,d minimize operational costs Emaf9y cons.ry wn ImpkememtlrLq aner* eansarvadonstramgias reduies total cart,-emasi—through Qrh(*" mEaSu:gs and mairnM energy Spend by9pUmamg cprlSrlmplkwl Ew9y P+oauc6 !dr SI&OW uiingmaglatwe doslgn and SinWlatian Uxft 4nem production add 51wage iellltlofl5 Impro.Q anwgy a riKlQncy- erwrgy avaaabdky. s arltyai wnpiy, and ca•bon mducbm Erwrgy RrOaure+•rem 1fr111h aV.—d Arpcurenaant cachrwlnjWs and bemarrwl conlracl term; Uv Setallored Procalamamr Ono 5upply ."Kos redaoa rust[, red" ns1X, and cruet corlainy City Council 16 — 30 5/�WU of 16 Public Works Agency .; https://www.santa-ana.org/pw r} hanir , Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Traffic Counting Services AGENDA TITLE Agreements with Transportation Studies, Inc. and National Data & Surveying Services for Traffic Counting Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Transportation Studies, Inc. and National Data & Surveying Services for traffic counting services, in an aggregate amount not to exceed $500,000, for a term beginning May 6, 2025 and ending on May 5, 2028, with the option for two, one-year extensions (Agreement Nos. A-2025-XXX and A-2025-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Public Works Agency's (PWA) Engineering Division is responsible for the administration and oversight of all Capital Improvement Projects in the City. In order to provide recommendations to improve neighborhood traffic safety in the City, PWA requires current traffic counts and field data collection services. A traffic count study is used to capture vehicle or pedestrian travel on a particular street segment for a specified duration of time. The City utilizes consultant services in order to augment City staff and secure specialized equipment needed to conduct traffic count studies. The proposed agreements provide staff access to specialized traffic analysis and neighborhood speed and safety studies, as well as the bi-annual citywide traffic volume study, pedestrian/bicycle counts, and the annual traffic signal and left -turn signal priority study. Once this data is captured, staff reviews and analyzes it to assess the potential need for traffic calming improvements such as crosswalks, speed humps, stop signs, and traffic signals. Request for Proposals (RFP) No. 25-012 was issued on January 21, 2025 on the City's online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows: City Council 17 — 1 5/6/2025 Traffic Counting Services May 6, 2025 Page 2 194 Vendors notified 6 Santa Ana vendors notified 30 Vendors downloaded the RFP packet 7 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on February 11, 2025, and evaluated. A total of seven consultants submitted proposals. One proposal was deemed non -responsive for failing to comply with the instructions to bidders, and therefore, was not rated. The remaining six proposals were reviewed by an evaluation committee and were rated based on experience, qualifications, project understanding, schedules, past performance, and overall proposal submittal. Local Outreach Efforts The Purchasing Division advertised this project on PlanetBids, which directly notified six Santa Ana vendors. Additionally, Purchasing staff performed supplemental outreach by personally contacting recommended local vendors by telephone and email to notify them of the bidding opportunity, provide registration instructions, and other general information about the bidding process. Thirty vendors downloaded the RFP and submitted a bid for consideration. The RFP required each firm to submit their proposed fees in a separate sealed envelope that was only opened for the top two ranked consultants. The proposal rankings are shown below: Firm City Rank National Data & Surveying Services Los Angeles, CA 1 Transportation Studies, Inc. Tustin, CA 2 Counts, LLC Concord, CA 3 -Quality IDAX Data Solution Long Beach, CA 4 AIM Traffic Data, LLC Anaheim, CA 5 Quality Traffic Data, LLC North Hollywood, CA 6 Counts Unlimited Riverside, CA N/A In accordance with the RFP criteria, staff evaluated proposals and determined that National Data & Surveying Services and Transportation Studies, Inc. best met the City's specifications, demonstrated vast experience working with similar -sized California public agencies, and offered the most competitive pricing among the firms capable of delivering the required level of service. Therefore, staff recommends awarding the aggregate agreements to National Data & Surveying Services and Transportation Studies, Inc. (Exhibits 1 and 2). City Council 17 — 2 5/6/2025 Traffic Counting Services May 6, 2025 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following accounts for Fiscal Year 2024-25. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Accounting Unit- Fund Accounting Unit - Amount Year Account No. Description Account Description 2024-25 03217662-66220 Measure M Measure M2 Local (May- (25-6897) Street Fairshare, Improvements $60,000 June) Construction Other Than Building 03217662-66220 Measure M Measure M2 Local 2025-26 (25 6897) Street Fairshare, Improvements $60,000 Construction Other Than Building 03217662-66220 Measure M Measure M2 Local 2026-27 (25-6897) Street Fairshare, Improvements $100,000 Construction Other Than Building Optional Two, One -Year Extensions 03217662-66220 Measure M Measure M2 Local 2027-28 (25-6897) Street Fairshare, Improvements $100,000 Construction Other Than Building 03217662-66220 Measure M Measure M2 Local 2028-29 (25 6897) Street Fairshare, Improvements $100,000 Construction Other Than Building 2029-30 03217662-66220 Measure M Measure M2 Local (July- (25-6897) Street Fairshare, Improvements $80,000 Apr Construction Other Than Building Total $500,000 Usage will be dependent on future funding, but will not exceed the total up to amount of $500,000. For any other funding not identified above, Public Works Agency (PWA) staff must obtain approval from the Finance and Management Services Agency (FMSA) by submitting a Notice to Proceed Request. This request must specify the funding source and the required dollar amount. FMSA will verify that the necessary funds are encumbered and available within the authorization and aggregate limits of these agreements. Once approved, PWA will issue a Notice to Proceed detailing the specific scope and maximum expenditure for the task. EXHIBIT(S) 1. Agreement with 2. Agreement with Transportation Studies, Inc. National Data & Surveying Services City Council 17 — 3 5/6/2025 Traffic Counting Services May 6, 2025 Page 4 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 17 — 4 5/6/2025 EXHIBIT 1 ON -CALL AGREEMENT WITH TRANSPORTATION STUDIES INC. TO PROVIDE TRAFFIC COUNTING SERVICES THIS AGREEMENT is made and entered into on this 6�' day of May, 2025 by and between Transportation Studies, Inc. (TSI), a California corporation, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 21, 2025, City issued Request for Proposal ("RFP") No. 25-012, by which it sought qualified consultants to provide on -call traffic counting services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-012. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work that was included in RFP No. 25-012, which is attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two (2) consultants selected to provide services on an on -call basis under RFP 25-012. The total compensation for these services provided by all such consultants selected under RFP 25-012 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars ($500,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and City Council 17 — 5 5/6/2025 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 6, 2025 for a three (3) year term and end on May 5th, 2028, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE City Council 17 — 6 5/6/2025 Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability: with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 17 — 7 5/6/2025 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Azadeh Azad. 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and City Council 17 — 8 5/6/2025 hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant City Council 17 — 9 5/6/2025 without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant City Council 17 — 10 5/6/2025 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana City Council 17 —11 5/6/2025 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5635 To Consultant: Transportation Studies, Inc. Attn: Patti A. Tolton, President 2640 Walnut Avenue, Suite L Tustin, CA 92780 Fax: (714) 508-3602 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 17 — 12 5/6/2025 Ili WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Kyle lesen / Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by N a b i l SabaNabil Saba Date: 2025.04.21 16:34:33-07'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: J�. L�� By: 141} r/ A Jbz-i9N Title: &os r p Ew r City Council 17 - 13 5/6/2025 EXHIBIT A City Council 17 — 14 5/6/2025 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for traffic safety warrants, the annual contract for traffic counting services may also include the bi-annual citywide Average Daily Traffic study, Citywide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, one or up to three firm(s) may be selected. The City will enter into an agreement with the firm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. II. The term of the contract shall be for an initial 3 years which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. III. City shall retain an option to renew on the same terms and conditions as set forth herein for up to two (2) additional one-year terms, for a total maximum of 5 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as -needed basis. This may include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: • For each ADT volume count, a two -directional 15-minute count sheet with hourly totals per direction of travel, similar in format to the sample in EXHIBIT IV. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. City Council 17 — 15 5/6/2025 (9)CITY OF SANTA ANA • For each entering traffic volume count, a 15-minute count sheet with hourly totals per direction of travel, containing all legs of the intersection (sample in Attachment 5). • For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. • For each intersection pedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. Traffic Flow Maps, sample in Exhibit I, will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. • Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. City Council 17 — 16 5/6/2025 EXHIBIT B City Council 17 — 17 5/6/2025 TSITransportation Studies, Inc. A Traffic Data Collection Company Traffic Census Booklet Conduct 280 /BUT locations within a ' i-nonth lei iCd. Traffic Census Booklet 25 hound copies and the associated files its/ will tiAi~ni.`8h tlJl. .Yii--�L I la". -cps on Compute- r diskette, compatible with AultoC-AD COST $ 5,000.00 264tWpOWr4Wpnue, Suite L• Tustin, CA 927801•7(Z14508-3612 • Fax (714),'MOW TSITransportation Studies, Inc. A Traffic Data Collection Company CITY OF SANTA ANA Fee Schedule 04/01 /25-04/01-30 24 Hour Machine Counts (Bi-Directional or directional) 1 to 100 Locations $ 45.00 per location 101 to 300 Locations $ 40.00 per location 24 Hour Machine Counts (Approach) 4 Leg Intersection $ 180.00 per location 3 Leg Intersection $ 135.00 per location 2 Leg Intersection $ 90.00 per location I person per location 2 people per location 2 Lanes 3-4 Lanes Manual Turning Movement Counts $ 42.00 per hour $ 84.00 per hour 24 Hour Speed and Axle Classification Counts Radar Surveys 1-100 Locations 100-over Video 24 Hour Video $ 80.00 per location $ 160.00 per location $ 45.00 per location / per hour $ 40.00 per location/ per hour $ 600.00 per location Historical Data Turning Movement Counts $ 60.00 per location 26QNVaftdrMenue, Suite • Tustin, CA 927801 �(-711V 508-3612 • Fax (714)�6, PGO 2 10,241011-110 ON -CALL AGREEMENT WITH NATIONAL DATA & SURVEYING SERVICES TO PROVIDE TRAFFIC COUNTING SERVICES THIS AGREEMENT is made and entered into on this 6ffi day of May, 2025 by and between National Data & Surveying Services, a California corporation, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 21, 2025, City issued Request for Proposal ("RFP") No. 25-012, by which it sought qualified consultants to provide on -call traffic counting services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-012. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work that was included in RFP No. 25-012, which is attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two (2) consultants selected to provide services on an on -call basis under RFP 25-012. The total compensation for these services provided by all such consultants selected under RFP 25-012 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars ($500,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and City Council 17 — 20 5/6/2025 Exhibit 3 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 6, 2025 for a three (3) year term and end on May 5th, 2028, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE City Council 17 — 21 5/6/2025 Exhibit 3 Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability: with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 17 — 22 5/6/2025 Exhibit 3 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Azadeh Azad. 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and City Council 17 — 23 5/6/2025 Exhibit 3 hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant City Council 17 — 24 5/6/2025 Exhibit 3 without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant City Council 17 — 25 5/6/2025 Exhibit 3 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana City Council 17 — 26 5/6/2025 Exhibit 3 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5635 To Consultant: National Data & Surveying Services Attn: Abraham (Avi) Tashman, President/CEO 106 N. Poinsettia Place Los Angeles, CA 90036 Fax: (323) 375-1666 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 17 — 27 5/6/2025 Exhibit 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Kyle llesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba Nabil Saba Da e:2 25.04.21 16:35:43-07'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: By: Title: City Council 17 — 28 5/6/2025 Exhibit 3 EXHIBIT A City Council 17 — 29 5/6/2025 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below. DESCRIPTION AND SCOPE OF WORK Exhibit 3 The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for traffic safety warrants, the annual contract for traffic counting services may also include the bi-annual citywide Average Daily Traffic study, Citywide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, one or up to three firm(s) may be selected. The City will enter into an agreement with the firm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. II. The term of the contract shall be for an initial 3 years which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. III. City shall retain an option to renew on the same terms and conditions as set forth herein for up to two (2) additional one-year terms, for a total maximum of 5 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as -needed basis. This may include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: • For each ADT volume count, a two -directional 15-minute count sheet with hourly totals per direction of travel, similar in format to the sample in EXHIBIT IV. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. City Council 17 — 30 5/6/2025 (9) Exhibit 3 CITY OF SANTA ANA • For each entering traffic volume count, a 15-minute count sheet with hourly totals per direction of travel, containing all legs of the intersection (sample in Attachment 5). • For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. • For each intersection pedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. Traffic Flow Maps, sample in Exhibit I, will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. • Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. City Council 17 — 31 5/6/2025 Exhibit 3 EXHIBIT B City Council 17 — 32 5/6/2025 Exhibit 3 National Data & Surveying Services Standard Fee Schedule Los Angeles County Office: 810 S Atlantic Blvd, Suite A, ark. CA 91754 T: (323) 782-0090 19 Corporate Office: 106 N Poinsettia Pl, Los Angeles, CA 90036 T: (323) 782-0090 I F: (323) 375-1666 info@ndsdata.com j www.ndsdata.com RFP 9 25-012 AVERAGE DAILY TRAMC COUNTS UNIT UNITRATE 24-Hour Approach Volume ....... .......... Approach/Leg $90 - — — Additional Day Approach Volume Approach/Leg $45 24-Hour Bi-Directional Volume Location $90 — ... ...... Additional Day Bi-Directional Volume Location $45 24-Hour Bi-Directional Classification OR Speed (<_ 2 Lanes) Location $115 Additional Day Bi-Directional Classification OR Speed (5 2 Lanes) Location $55 24-Hour Bi-Directional Classification OR Speed (> 2 Lanes) Location $165 _.._....... _..._. _.... _... Additional Day Bi-Directional Classification OR Speed (> 2 Lanes) Location - $65 24-Hour Bi-Directional Classification OR Speed (Freeway)T Location $230 Additional Day Bi-Directional Classification OR Speed (Freeway) Location $110 24-Hour Bi-Directional Classification AND Speed (5 2 Lanes) Location $195 Additional Day Bi-Directional Classification AND Speed (<_ 2 Lanes) Location $80 24-Hour Bi-Directional Classification AND Speed (> 2 Lanes) Location $275 Additional Day Bi-Directional Classification AND Speed (> 2 Lanes) Location $120 24-Hour Bi-Directional Classification AND Speed (Freeway) Location $390 Additional Day Bi-Directional Classification AND Speed (Freeway) Location $160 Page l (pity Council 17 — 33 5/6/2025 Exhibit 3 National Data & Surveying Services Los Angeles County Office: 810 8 Atlantic Blvd, Suite A, Monterey Park, CA 91754 T: (323) 782-0090 Corporate Office: 106 N Poinsettia Pl, Los Angeles, CA 90036 T: (323) 782-0090 1 F: (323) 375-1666 info0q,,ndsdata.com I www.ndsdata.com RFP # 25-012 Page CdV2Council 17 — 34 5/6/2025 Exhibit 3 National Data & Surveying Services Standard Fee Schedule Los Angeles County Office: 810 S Atlantic Blvd, Suite A, Monterey Park. CA 91754 T: (323) 782-0090 Corporate Office: 106 N Poinsettia Pl, Los Angeles, CA 90036 T: (323) 782-0090 I F: (323) 375-1666 info(ctndsdata.com I www.ndsdata.com RFP # 25-012 DAILYAVERAGE 24-Hour Approach Volume Approach Leg $90 Additional Day Approach Volume Approach/Leg $45 - - 24-Hour Bi-Directional Volume —. _ Location — $90 Additional Day Bi-Directional Volume Location $45 24-Hour Bi-Directional Classification OR Speed (5 2 Lanes) Location $115 Additional Day Bi-Directional Classification OR Speed (<_ 2 Lanes) Location $55 24-Hour Bi-Directional Classification OR Speed (> 2 Lanes) Location $165 ... _ _,... -- --_._......._...-...._..._.._.__... -- - -- Additional Day Bi-Directional Classification OR Speed (> 2 Lanes) ---._. _..__._._..._— Location ._. _......_ _..._..............._ $65 24-Hour Bi-Directional Classification OR Speed (Freeway) Location $230 -- .. ..._..._. _ .--_..__...__.._...._ _.............. Additional Day Bl-Directional Classification OR Speed (Freeway) -- - Location -. ----- $110 24-Hour Bi-Directional Classification AND Speed (5 2 Lanes) Location $195 Additional Day Bi-Directional Classification AND Speed (< 2 Lanes) Location $80 24-Hour Bi-Directional Classification AND Speed (> 2 Lanes) Location $275 _--_ ...................... Additional Day Bi-Directional Classification AND Speed (> 2 Lanes) - Location — $120 24-Hour Bi-Directional Classification AND Speed (Freeway) Location $390 Additional Day Bi-Directional Classification AND Speed (Freeway) Location $160 Page 1 City Council 17 — 35 5/6/2025 Exhibit 3 N, 1, D�,, S National Data & Surveying Services Los Angeles County Office: 810 S Atlantic Blvd, Suite A. Monterey Park, CA 91754 T: (323) 782-0090 Corporate Office: 106 N Poinsettia P1, Los Angeles, CA 90036 T: (323) 782-0090 I F: (323) 375-1666 info(ondsdata.com wwov.ndsdata.com RFP # 25-012 Page 2 cUy Council 17 — 36 5/6/2025 Public Works Agency www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Agreement Amendment for On -Call Traffic Control Services AGENDA TITLE First Amendment with California Barricade Rentals, Inc. dba California Barricade and Statewide Traffic Safety and Signs dba AWP Safety for On -Call Traffic Control Services RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the standard agreements with California Barricade Rentals, Inc. and Statewide Traffic Safety and Signs to provide On -Call Traffic Control Services and update rates based on Consumer Price Index and/or Prevailing Wages as set by the California Department of Industrial Relations, for the remaining term of the agreement, and increase the contract amount by $510,000, for a total amount not to exceed $1,010,000 (Agreement Nos. A-2025-XXX and A-2025- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) is responsible for the administration and oversight of all Capital Improvement Projects in the City. On February 1, 2022, the City Council awarded an aggregate agreement to California Barricade Rentals, Inc. (California Barricades) and Statewide Safety and Signs (Statewide) to provide on -call traffic control services and equipment rental for a three-year period beginning February 1, 2022 and expiring January 31, 2025, with a provision for one two-year extension. As allowed, staff exercised the extension option and this contract is now in effect until January 31, 2027. California Barricades and Statewide have supplemented City staff by providing temporary and permanent traffic control services, necessary traffic control devices, experienced personnel, and other related equipment. Services such as work -area traffic control setup, jobsite flagging, lane closures, road closures, and detour routes have aided in maintaining safe roadways for the travelling public amidst construction activities and community events impacting traffic. Amending the aggregate agreements to increase the contract amount will allow other agencies, such as the Parks, Recreation, and Community Services Agency (PRCSA), Santa Ana Police Department (SAPD), and the PWA Water Resources Division, to also utilize these traffic control services for their operational needs. This action will City Council 18 — 1 5/6/2025 Agreement Amendment for On -Call Traffic Control Services May 6, 2025 Page 2 consolidate City agreements that provide the same services in order to help minimize contract redundancies. Consolidation of agreements will also help reduce the need for redundant administrative support and contract management. Additionally, increasing the magnitude of scale for these services between two vendors will allow the City to negotiate the total individual project costs on a case by case basis. The recommended action will allow City to reduce administrative costs and obtain best pricing for traffic control services. Staff recommends the approval of this first amendment to increase the shared total aggregate amount of the agreement to $1,010,000 for the remainder of the contract term and accept vendor's request to update rates based on Consumer Price Index and/or Prevailing Wages as set by the California Department of Industrial Relations (Exhibit 1-2) ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact at this time. Before utilizing on -call services, City staff must obtain approval from the Finance and Management Services Agency (FMSA) by submitting a Notice to Proceed Request. This request must specify the funding source and the required dollar amount. FMSA will verify that the necessary funds are encumbered and available within the authorization and aggregate limits of these agreements. Once approved, PWA will issue a Notice to Proceed detailing the specific scope and maximum expenditure for the task. EXHIBIT(S) 1. Amendment to Agreement with California Barricade Rentals, Inc. 2. Amendment to Agreement with Statewide Traffic Safety and Signs Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 18 — 2 5/6/2025 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC, TO PROVIDE ON -CALL TRAFFIC CONTROL SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 6, 2025, by and between California Barricade Rentals, Inc., a California corporation, dba California Barricade ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). A. The Parties entered into Agreement No. A-2022-013-02 ("Agreement") dated February 1, 2022, to provide on -call traffic control services for the City's Public Works Agency. B. Contractor is one of two selected contractors to provide said services to the City pursuant to Request for Proposal #21-120 ("UP"). Each contractor shares an aggregate total compensation amount, as detailed in the Agreement, and are paid only for actual services performed C. The Parties executed an extension under the Agreement on November 14, 2024 for an additional two (2) year period (#A-2022-013-02A) through January 31, 2027. The Agreement is current and in effect. D. In addition to this Agreement, the City maintained a separate agreement with Contractor for services with the City's Police Department, as well as Parks, Recreation, and Community Services Agency for similar services. E. The Parties now wish to amend the Agreement to expand the Scope of Services to include additional department requests from the City under a single Agreement in order to increase efficiency and streamline operations. In addition, the Parties seek to increase the overall compensation to account for the additional services for those departments. No other changes are contemplated by this Amendment. The Parties therefore agree: 1. Section 1, Scope of Services is amended to read as follows: a. On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. b. Services consistent with this Agreement shall be provided to the City's Public Works Agency; Parks, Recreation, and Community Services Agency; and the Santa Ana Police Department. Each department will provide written confirmation of its request for services with Contractor. 2. Section 2, Compensation, is hereby amended to read as follows: a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-120. The total compensation for services provided by all contractors, under the term of this Agreement, including any extensions, shall not exceed the shared aggregate amount of one million ten thousand dollars and zero cents ($1,010,000). City Council 18 — 3 5/6/2025 Exhibit 1 b. Contractor may increase its rates, detailed in Exhibit C, pursuant to updates consistent with the 12-month annual Consumer Price Index, as set by the U.S. Bureau of Labor Statistics. Contractor may also increase rates consistent with wage rate increases noted in Exhibit C regarding DIR Prevailing Wage Determinations. Contract agrees and understands that any increase to the total compensation amount, detailed in subsection (a), above, is subject to approval by the City Council of the City of Santa Ana. c. City agrees to compensate Contractor for any services provided for any of the new listed departments prior to the execution of this First Amendment. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice to the listed department evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 1111AA e � Kyle lesen Assistant City Attorney RECOMMENDED FOR APPROVAL C Digitally signed by Nabil Nabil S a b a Date: 2025.04.24 08:59:04-07'00' Nabil Saba, PE Executive Director, Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR 7 By: TitIP0yAiiWgitau City Council 18 — 4 5/6/2025 EXHIBIT A City Council 18 — 5 5/6/2025 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign • Work area traffic control setup • Job site flagging • Lane closures • Sidewalk closure • Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) • Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. City Council City of Santa Ana Rff 6 2-16120 5/6/2025 Page Al-1 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. City Council City of Santa Ana Rff 6 2-17120 5/6/2025 Page Al-2 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub-contractor(s) for any reason deem detrimental to the City and the safety of the public. 5. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: City Council City of Santa Ana Rff 6 2-1020 5/6/2025 Page Al-3 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 2. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. 7. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. City Council City of Santa Ana Rff 6 2-1g120 5/6/2025 Page Al-4 11. Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors • Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. • The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. • Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety RequirementsNiolations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. • Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing • A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. City Council City of Santa Ana Rff g 2-111C$g 5/6/2025 Page Al-5 • Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. City Council City of Santa Ana Rff g 2-11190 5/6/2025 Page Al-6 10:4lei rIII r IUD City Council 18 — 12 5/6/2025 RFP NO. 21-021 On -Call Traffic Control Services CITY OF SANTA ANA Santa Ana Public Works Agency Respectfully submitted to: Respectfully submitted by: 4VCAL/PORN/A QARR/CADE City Council 18 — 13 5/6/2025 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Cover Letter Contract Agreement Statement City Council 18 — 14 5/6/2025 AL/PORN/A IZARRICADE November 29, 2021 Azadeh Azad City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 SUBJECT: Letter of Commitment to Provide On -Call Traffic Control Services City of Santa Ana RFP #21-120 Dear Azadeh Azad: This Letter of Commitment confirms that California Barricade, Inc. agrees to serve the City of Santa Ana Public Works Agency as a service provider on the above -referenced contract, providing work zone traffic control services, and rental and sale of temporary traffic control devices. California Barricade, Inc. holds a valid City of Santa Ana business license, is registered with the DIR and holds an SBE certificate through the California Department of General Services. All are included within our bid package. For contractual matters, I am the point of contact. As vice president of California Barricade, Inc., I am a duly authorized officer of the firm and can bind and commit the firm to the contractual obligations of this contract. I can be contacted at our office address at 1550 E. Saint Gertrude Place Santa Ana, CA 92705. My office phone number (714) 558- 8474, and my email address is kellie@californiabarricade.com. We have had the privilege of serving the City of Santa Ana since 1998, and we are committed to continuing to provide the best possible service at competitive rates. Additionally, we are confident that we can offer value-added services to effectively and efficiently complete the tasks assigned to us under this contract. Sincerely, Kellie Hurst Vice President California Barricade, Inc. City Council 18 — 15 5/6/2025 ARRICADE AL IFORN/A November 29, 2021 Azadeh Azad City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 SUBJECT: Provision Concurrence and Concerns Dear Azadeh Azad: California Barricade, Inc. concurs with all provisions of this contract with the exception of the following: Appendix Attachment 2 Standard Agreement Section 7. Insurance ■ The requirement for Professional Liability insurance is $2,000,000 aggregate. California Barricade, Inc. currently holds $1,000,000 aggregate. We respectfully request the city accept the current limit. If not, we will increase our limit in honor of the contract. Appendix Attachment 3-12: Statement Regarding Community Workforce Agreement (CWA) Requirements California Barricade, Inc. is not signatory to a union and is unable to sign the above mentioned Attachment. We do however adhere to all public works compliance requirements for a private firm, including timely filing of the following. o DAS140 Public Works Contract Award Information o DAS142 Request for Dispatch on an Apprentice o Certified Payroll with Statement of Compliance o Training Fund Contribution to the California Apprenticeship Council We welcome all dialog and hope the city will recognize our ability to meet and comply with all other provisions of the contract. Sincerely, Kellie Hurst Vice President California Barricade, Inc. City Council 18 — 16 5/6/2025 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Company and Team Experience Understanding of Need Financial Capacity and Availability References Scope of Services and Schedule City Council 18 — 17 5/6/2025 FIRM & TEAM EXPERIENCE ORGANIZATIONAL CHART California Barricade, Inc. is a California Subchapter S Corporation and has been in business since 1984 providing work zone traffic control services and rental and sale of temporary traffic control devices. We service a variety of industries including, but not limited to: state and local governments, municipalities, paving, construction, environmental, pipeline, and entertainment companies. We have held our C-31 work zone traffic control contractor's license (785733) uninterrupted since this class was instituted in the year 2000. At that time, California Barricade, Inc. was grandfathered in when we were recognized as one of the few leading experts in the field. California Barricade, Inc. employs highly trained ATSSA certified traffic control supervisors, traffic control technicians, flaggers, and traffic plan designers. They undergo training on a continuous basis. Their training and expertise gives them a working knowledge of how to accurately perform in diverse traffic situations per specifications outlined in traffic control plans, Caltrans Standard Plans and Specifications, California Manual on Uniform Traffic Control Devices (CAMUTCD), California Temporary Traffic Control Handbook (CATTCH) California Joint Utility Traffic Control Manual (CJUTCM), and the Work Area Traffic Control Handbook (WATCH). Employees of California Barricade, Inc. hold certifications in the following safety programs: ■ ATSSA Certified Traffic Control Supervisor ■ ATSSA Certified Traffic Control Technician ■ ATSSA Certified Flagger ■ ATSSA Certified Traffic Control Design Specialist ■ Loss Prevention System ■ API Worksafe ■ Passport Safety Program ■ OSHA 10 Hour Occupational Safety & Health ■ OSHA 40 Hour HAZWOPER ■ NSC Defensive Driving City Council 18 — 18 5/6/2025 CAL/PORN/A a,1RR/CADE Mark Hurst President O (714) 558-8474 M (714) 679-5856 mark@californiabarricade.com David Tangitau General Manager O (714) 558-8474 M (714) 721-7761 dave@californiabarricade.com Owen Vaea Operations Manager IPlan Design O (714) 558-8474 M (714) 721-7833 owen@californiabarricade.com RogerCaneda Estimating I Plan Design O (714) 558-8474 M (714) 715-2399 roger@californiabarricade.com Organizational Chart Kellie Hurst Vice President O (714) 558-8474 M (714) 679-5857 kellie@californiabarricade.com Joni Watson Chief Financial Officer O (714) 558-8474 joni@californiabarricade.com Julie Escobar Accounts Receivable O (714) 558-8474 julie@californiabarricade.com Client Specialists Sitina Vaea Christina Novoa O (714) 558-8474 O (714) 558-8474 sitina@californiabarricade.com christina@californiabarricade.com ATSSA Certified Traffic Control Supervisors, Technicians, Flaggers, Plan Designers Steven Aguilar Gilberto Panameno Tanoa Seau (714) 380-1164 (714) 679-5863 (714) 497-9725 RogerCaneda Ernesto Rivera Edward Semaia (714) 715-2399 (714) 785-2405 (714) 679-5861 Adrian Cruz Andrew Rodriguez Jeff Sin (714) 450-5569 (714) 679-6293 (714) 721-7817 Mark Gomez Andrew Rodriguez, Jr. Amanake Vaea (714) 558-8474 (714) 558-8474 (714) 721-7828 Jose Gonzalez Eric Rodriguez (714) 476-4490 (714) 497-7765 City Council 18 — 19 5/6/2025 drAL 1POMMIA GkRRICADE Registrations/Certifications • ATSSA Certified Traffic Control Supervisor • ATSSA Certified Traffic Control Technician • ATSSA Certified Flagger • 40 Hour HAZWOPER • LPS Certified • API WorkSafe Certified • NSC Defensive Driving Certified Areas of Expertise • Project management specific to the scope of work zone traffic control. • Crew development, training, and project specific preparation. • Project specific site assessments with an eye toward well executed and sometimes creative work zone traffic control in challenging locations. David Tangitau I General Manager Mr. Tangitau has 19 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers. Relevant Experience ■ City of Santa Ana Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control. ■ Irvine Ranch Water District Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations. ■ GeoSyntec Consultants, Inc. (Caltrans) Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec Consultants, Inc. ■ GHD, Multiple Southern California Sites Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities. ■ RL Clotworthy (Verizon 5G) Mr. Tangitau provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities. ■ Ninyo & Moore, Multiple Southern California Sites Mr. Tangitau provided oversight of projects with extensive and diverse traffic control scenarios for environmental related activities including well installation and abandonment as well as sampling and monitoring. City Council 18 — 20 5/6/2025 drAL 1POMMIA GkRRICADE Registrations/Certifications • ATSSA Certified Traffic Control Supervisor • ATSSA Certified Traffic Control Design Specialist • ATSSA Certified Traffic Control Technician • ATSSA Certified Flagger • 40 Hour HAZWOPER • LPS Certified • API WorkSafe Certified • NSC Defensive Driving Certified Areas of Expertise • Project management specific to the scope of work zone traffic control. • Crew safety training and project specific safety preparations. • Project specific site assessments with an eye toward well executed and sometimes creative work zone traffic control in challenging locations. • Expert development of traffic control plans specific to site location and governing agency regulations. Owen Vaea I Operations Manager, Safety Supervisor Mr. Vaea has 12 years of extensive experience within the work zone traffic control industry. Initially hired as a flagger, he quickly progressed to a certified technician. Gaining significant experience, he advanced to a certified traffic control and safety supervisor. During his time of gaining experience specific to work zone traffic control, he also gained invaluable experience managing crews and engaging with clients on job sites. Currently, he oversees all projects for California Barricade Rentals, Inc., and has developed a team of well trained, safety focused, certified technicians and flaggers. Mr. Vaea also has vast experience developing site specific work zone traffic control plans. Relevant Experience ■ City of Santa Ana Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for the Water Resources Departments, and for all city-wide community events requiring traffic/crowd control. ■ Irvine Ranch Water District Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for both scheduled and emergency response traffic control related to water and sewer operations. ■ GeoSyntec Consultants, Inc. (Caltrans) Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios on Southern California highways for Caltrans projects managed by GeoSyntec Consultants, Inc. ■ GHD Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for environmental related activities. ■ RL Clotworthy (Verizon 5G) Mr. Vaea provides oversight of projects with extensive and diverse traffic control scenarios for infrastructure related activities. City Council 18 — 21 5/6/2025 UNDERSTANDING OF NEED California Barricade, Inc. has vast experience in meeting the traffic control requirements for the City of Santa Ana. As an approved vendor since the early 1990's, we have expanded substantially the level of service and commitment to the City. We have, and will continue to provide excellent service and response to both City employees, and outside organizations that work within city limits. Experts in Our Field California Barricade, Inc. has been in business as a C-31 Work Zone Traffic Control service provider since 1984, and employs only ATSSA Certified Traffic Control Supervisors, Technicians, and Flaggers. We have a command of MUTCD, WATCH, AASHTO, Caltrans standard plans, and the SAMC. We possess the ability to design and read all manner of traffic control plan. The ongoing intensive training and refreshing that our field personnel receive is the highest level available in our industry. Commitment to Safety The safety culture at California Barricade, Inc. is vibrant and engaging. Every employee is committed to everyone they work with, on and off the job site, going home safe every day. Considerable time and resources are invested in training, behavior, awareness, and communication. Daily tailgate talks, and monthly safety meetings equip all employees with the tools needed to do their job safely. Customer Service Excellence The City of Santa Ana has enjoyed, and will continue to enjoy access to all California Barricade, Inc. support personnel. Every employee is committed to a positive and productive relationship with City personnel. Mark Hurst President Kellie Hurst Vice President/Contracts David Tangitau General Manager Owen Vaea Operations ManagerlSafety Supervisor Sitina Vaea Quotes/Scheduling/Insurance Julie Escobar Billing Timely Proposal Processing Immediately upon request, our team of qualified employees will properly assess the required field operations, and prepare a proposal according to the needs of the City. Typical turn -around time is 1-2 business days. In the event a site visit is required, the proposal may take 2-4 days. Every effort will be made to provide proposals within the timeframe communicated by the City. Pre -field Meeting Attendance California Barricade, Inc. has faithfully attended, and fully participated in pre -field meetings, and will continue to do so. We will use those opportunities to build relationships, better understand the scope of work, and the needs of those involved in the planning. This allows us to enhance our level of service to properly respond to concerns about safety, and the goal to insure systematic field operation. Professional Engagement with All Departments Currently, California Barricade, Inc. has a very positive working relationship with all involved departments of the City. We are committed to continuing to serve the Public Works Agency well. Representatives from any City department can be assured that the level of response and commitment by California Barricade, Inc. will be unparalleled. Continued... City Council 18 — 22 5/6/2025 Work Related Traffic Control Plans Both the City, and outside organizations who work within the City may require traffic control plans. California Barricade, Inc. provides plan design per regulations outlined in the WATCH Manual or CAMUTCD. Plans will be drawn specific to the scope of work provided by the City. Oversite by the City's Traffic Engineering Department is welcomed. Work Zone Traffic Control Once the scope of work has been determined, and plans and permits are in place, our experienced traffic control technicians will begin the process analyzing the plans for proper execution. Execution may vary by work scope, and as much as possible, traffic control devises will be pre -staged for rapid placement when work begins. Technicians will dispatch with all necessary information, plans, vehicles, and equipment necessary to meet or exceed the requirements for the field operation. Job Related Response Time California Barricade, Inc. is located within the City of Santa Ana, as are some of our technicians. This gives us the ability to mobilize and respond at any time the City requires. While it is not typical the City would require our services on an emergency basis, they certainly could, and will be met with a rapid 1- 2 hour response. Quality Assurance Every task performed in support of the City and outside organizations, will be done with an emphasis on professionalism, safety, quality, excellence, and timeliness. Procedures are in place that assure the City any request that is made will be addressed immediately, and accurately. Timely and Accurate Billing We will continue our commitment to provide timely and accurate invoices to either the City or outside organizations. Invoices will directly correlate to the proposal, and may include any service or equipment adjustments made in the field, and approved by the client. Wrap-up Meeting Attendance When invited, California Barricade, Inc. will faithfully attend, and fully participate in wrap-up meetings. We will use those opportunities to better understand the impact of our service to the City, and make any adjustments needed. We will share anything learned that will insure traffic control for future projects be as safe and efficient as possible. City Council 18 — 23 5/6/2025 PAST PROJECTS & REFERENCES INDICATING FINANCIAL CAPACITY & AVAILABILITY Client Name City of Santa Ana Water Resources Department Contact Name Jaime Bermudez Phone/Email 714 351-4515 'bermudez@santa-ana.org Project Dates Ongoing since 2021 Project Description On -call work zone traffic control services Client Name Irvine Ranch Water District Contact Name Scott Beltran Phone/Email 949 453-5717 beltran@irwd.com Project Dates Ongoing since 1998 Project Description On -call and emergency response work zone traffic control services for collections, construction, and maintenance departments. Client Name RL Clotworthy Construction, Inc. Contact Name Dean Hinson Phone/Email 951 693-5130 dean@rlclotworthy.com Project Dates Ongoing since 2020 Project Description On -call response work zone traffic control services for Verizon 5G infrastructure operations. Client Name Orange County Water District Contact Name Ben Lockhart Phone/Email (714) 378-3293 blockhart@ocwd.com Project Dates Ongoing since 2009 Project Description On -call work zone traffic control services. Client Name Ocean Blue Environmental Services, Inc. Contact Name Ed Acosta Phone/Email (562) 429-8612 fasteddie85000@aol.com Project Dates Ongoing since 2010 Project Description Emergency response work zone traffic control services. City Council 18 — 24 5/6/2025 SCOPE OF SERVICES AND SCHEDULE Monitored After Set -Up Work Scope Personnel Equipment Timeline Exclusion zone(s) Flashing Arrow Boards including but not limited Cones or Delineators 1-2 hours to mobilize to: ATSSA Certified Type I and/or Type III Set-up is scope ■ Lane Closure(s) Traffic Control Supervisor(s) Barricades specific, estimate 30- • Road Traffic Control Technician(s) Advanced Warning Signs 60 minutes for typical Closure(s) Construction Area Signs lane closure ■ Detours Advanced Warning Signs Stop/Slow Paddles 1-2 hours to mobilize Flagging Operation(s) ATSSA Certified Flagger(s) Two-way Communication and set flagger stations Flashlight or Signal Wand Balloon Lights Truck Mounted ATSSA Certified TMA (Scorpion) on truck Attenuator TMA Operator mounted with flashing arrow 1-2 hours to mobilize board ATSSA Certified & Trained Mobilization, staging, Special Event Install & Traffic Control Supervisor(s) Scope related traffic control and set up is scope Remove Traffic Control Technician(s) devices specific Laborer(s) Unattended After Task Work Scope Personnel Equipment Timeline 2-4 hours port to port Closure Maintenance ATSSA Trained Scope related traffic control depending on size of Traffic Control Technician devices closure and/or detour route Advanced Warning Signs ATSSA Trained Sidewalk Closure Signage Sidewalk Closure(s) Traffic Control Technician Cones or Delineators 2 hours port to port Cone Bars Caution Tape Type I Barricades or Temporary No Parking Laborer Delineators 2 hours port to port Zone(s) Temporary No Parking or Tow Away Signs Traffic control if needed ATSSA Certified 5', 10', or 20' Concrete Krails Installation of Concrete Traffic Control Technician(s) Reach Forklift or Boom Truck Depends on quantity Krail Flatbed truck driver rr Crash Array or SLED Estimate 4 hours for Reach Forklift Operator -or- specific speed limit every 20 pieces Boom Truck Operator Reflectors & Directional P-Markers ATSSA Certified 6' Guardian (42") or 6'Water Depends on quantity Installation of Water Traffic Control Technician(s) Wall (36") Water Barriers Estimate 2 hours for Barriers with pieces ki Pins Unattended After Task (continued) Work Scope Personnel Equipment Timeline Water truck with appropriate Depends on quantity Water Delivery Service Water truck operator hoses Estimate 2 hours for Water Meter every 20 water barriers Mobilize Changeable Laborer Pre-programmed CMS 1-2 hours per CMS Message Sign port to port Development Services Scope Personnel Timeline Manager Supervisor A representative of CBR familiar with the project will be Pre -Field Meeting Safety Supervisor available at the City's convenience for pre -field Estimator meetings. Manager A representative of CBR familiar with the project will be Post -Field Meeting Supervisor available at the City's convenience for post -field meetings. Typical: 5-7 business days ATSSA Certified Traffic Expedited 2-4 business days Control Design Specialist In every case, CBR will respond according to the Traffic Plan needs of the City. Development Typical: 10-15 business days Traffic and/or Civil Engineer Expedited 5-7 business days In every case, CBR will respond according to the needs of the City. California Barricade, Inc. is located within city limits and will respond to emergency calls in 1-2 hours. If the work scope is vast, an advance crew will arrive within 2 hours and additional technicians will mobilize accordingly. All California Barricade, Inc. vehicles and equipment are clearly identified with the company logo and phone number. All traffic control vehicles and truck mounted attenuators are fully equipped with functional beacons, flashing lights, and strobes. Flashing Arrow Boards and/or Changeable Message Signs will be either truck or trailer mounted. High visibility reflective equipment to be used for night work. As will light towers and balloon lights if the work scope requires it. All exclusion zones to be set in accordance with the provisions, guidelines and specifications detailed in the latest editions of the following: California Manual on Uniform Traffic Control Devices (CAMUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional standards established by the City of Santa Ana standard plans section 1125F, and or federal, state and local guidelines established in the project. In some cases, specific ADA equipment may not be available for services or rental. The City may be required to purchase certain ADA items. Advance notice by the City will ensure availability. City Council 18 — 26 5/6/2025 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Certifications City Council 18 — 27 5/6/2025 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, fin ther, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Keliie Hurst Subscribed and sworn to (or affirmed) before me on this day of 21 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SEE CALL-ORtQA NOTARY, ATTACHED Notary Public Signature Notary Public Seal City of Santa Ana RFP 21-120 Page A3-1 City Council 18 — 28 5/6/2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or !validity of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 29th day of November , 20 21 , by Kellie Hurst ------------- proved to me on the basis of satisfactory evidence to be the personas') who appeared before me. CAfTUN TURNER ' Notary Public . California Orange County Commission Y 2366097 0�� a� � My Comm. Expires Jul 17, 2025 (Seal) Signature At1-acNed o-ol is -br Non - CowAsmn h%6wit City Council 18 — 29 5/6/2025 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm California Barricade, Inc. Signed and Printed Name: W"W"t Kellie Hurst Title Vice President Date November 29, 2021 City of Santa Ana RFP 21-120 Page A3-2 City Council 18 — 30 5/6/2025 Appendix ATTACHMENT 3-3: NON-DISCRINUNATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 21-120 Page AM City Council 18 — 31 5/6/2025 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed ,v-lffl" L Kellie Hurst Title: Vice President Firm: California Barricade, Inc. Date: November 29, 2021 City of Santa Ana RFP 21-120 Page A3-4 City Council 18 — 32 5/6/2025 Appendix ATTACHMENT 34: CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: California Barricade Inc. Business Address: 1550 East Saint Gertrude Place Santa Ana, CA 92705 Business E-Mail Address: kellie@califemiabarricade.com Telephone: (714) 558-8474 (800) 327-8844 State Contractor's License No. and Class: 785733-C31 License Expiration Date: 10/31 /2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000017487 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2022 Signed: . (1I � �' � � i Kellie Hurst Title: Vice President City of Santa Ana RFP 21-120 PaaP Al-S City Council 18 — 33 5/6/2025 Appendix ATTACHMENT 3-5: PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name Of Firm California Barricade, Inc. Signature of CONTRACTOR Kellie Hurst Title Vice President (if an individual, so state) City of Santa Ana RFP 21-120 Page A3-6 City Council 18 — 34 5/6/2025 Appendix ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF ORANGE } SS: CITY OF SANTA ANA } Kellie Hurst, Vice President , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSFHP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. M CORPORATION That he is of California Barricade, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of CONTRACTOR Subscribed and sworn to before me this day of 20 SEE CALIFORMA NOTAnY, AT-rACRED Signature of officer Administering Oath (Notary Public) City of Santa Ana RFP 21-120 Pace A3-7 City Council 18 — 35 5/6/2025 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange Subscribed and sworn to (or affirmed) before me on this 29th day of November , 20 21 , by Kellie Hurst ----------__ proved to me on the basis of satisfactory evidence to be the person who appeared before me. *my CAITLIN TURNER Notary Public - California Orange County Commission # 2366097 Comm. Expires Jut 17, 2025 (Seal) Signature �0'�tL- yt-,4 112:4 AitaWedl lu ot- \s j r Dwn-ey5h,p Af-Gdwo- City Council 18 — 36 5/6/2025 Appendix ATTACHMENT 3-7: LIST OF SUB -CONTRACTORS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name Ellis Equipment, Inc. License #/Exp. 1043179 08/31/2022 DIR Reg. #/Bxp. 1000441563 06/30/2022 Location Signal Hill, CA Phone (562) 424-9991 Type Of Work Concrete krail installation Amount $ To be determined Name AS Stri ing Company, Inc. License #/Exp. 538211 08/31/2022 DIR Reg. #/Exp. 1000006912 06/30/2022 License # Location Ontario, CA Phone (909) 947-8073 Type Of Work Striping: temporary & permanent Amount $ To be determined Name Gary Quimilman's Water Service License #/Exp. DIR Reg. #/Exp. 1000369385 06/30/2022 License # Location Garden Grove, CA Phone (714) 719-3268 Type Of Work Water deliery service Amount $ To be determined Kellie Hurst Signature of CONTRACTOR Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ City of Santa Ana RFP 21-120 Pn9p AM City Council 18 — 37 5/6/2025 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. City of Santa Ana 20 Civic Center Plaza Room 429 Santa Ana, CA 92701 Name and Address of Owner. Sonia Batres (714) 571-4227 1 Jaime Bermudez (714) 351-4515 Name and Telephone Number of person familiar with project. $495,293 1 $300,000 Event related & work zone traffic control services Ongoing since 1998 Contract Amount Type of Work Date Completed 2. Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92619 Name and Address of owner. Scott Beltran (949) 453-5717 Name and Telephone Number of person familiar with project. Contract Amount Consultants, Inc Work zone traffic control services Type of Work Ongoing since 1995 Date Completed Itrans) 3043 Gold Canal Drive Ste 100 Rancho Cordova, CA 95670 Name and Address of owner. Andv Andrews (916) 637-8048 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. Elmco Insurance Richard Campoli (714) 361-1911 richard@elmcoinsurance.com 1904 North Main Street Santa Ana, CA 92706 City of Santa Ana RFP 21-120 City Council Page A3-918 — 38 5/6/2025 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES, (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. l . Orange County Water District P.O. Box 20845 Fountain Valley, CA 92728 Name and Address of Owner. Ben Lockhart (714) 378-3293 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Ongoing since 2009 Contract Amount Type of Work Date Completed 2. R.L. Clotworthy Construction, Inc. (Verizon 5G) 41550 Reagan Way Murrieta, CA 92562 Name and Address of owner. Dean Hinson (951) 693-5130 3 Name and Telephone Number of person familiar with project. Open Work zone traffic control services Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Ongoing since 9/2020 Date Completed Date Completed. The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. City of Santa Ana RFP 21-120 City Council Page A3-1�8 — 39 5/6/2025 Appendix ATTACHMENT 3-9: STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Kellie Hurst Title; Vice President Firm: California Barricade, Inc. Date: November 29, 2021 City of Santa Ana RFP 21-120 PagA AM 1 City Council 18 — 40 5/6/2025 Appendix ATTACHMENT 3-10: STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Kellie Hurst Title: Vice President Firm: California Barricade, Inc. Date: November 29, 2021 City of Santa Ana RFP 21-120 Page A3-12 City Council 18 — 41 5/6/2025 Appendix ATTACHMENT 3-11: PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. City of Santa Ana RFP 21-120 City Council Page A3-1�8 — 42 5/6/2025 Appendix ATTACHMENT 3-12: STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.org/pwa/documents/CWA.Vd The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section III.E "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section III.E "Licenses & Permits." Signed: Title: Firm: Date: Intentionally left blank City of Santa Ana RFP 21-120 City Council Page A3-148 — 43 5/6/2025 City of Santa Ana RFP 21-120 Submittal On -Call Traffic Control Services Supporting Documents City Council 18 — 44 5/6/2025 CITY OF SANTA ANA BUSINESS TAX SECTION (M-15) 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964. SANTA ANA. CA 92702 (714) 647-5447 1 A - CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT BUSINESS TAX NUMBER: 168398 TAX PERIOD: 411/2021 - 3/31/2022 BUSINESS NAME: CALIF BARRICADE RENTALS INC AMOUNT PAID: $2.053.00 BUSINESS ADDRESS: 1550 E ST GERTRUDE PL SANTAANA, CA 927D5-5310 DATE PAID: 03/25/2021 OWNER NAME: HURST,MARK L. - PRIES THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT • This business license tax account is void upon sale or transfer of a business • Every business is responsible for the annual renewal of their business license tax account • It is the responsibility of the applicant/licensee to ensure that the business complies with all applicable City codes, City zoning ordinances and all Local, State and Federal Laws, • Contact the Business License Tax Office at (714) 647-5447 prior to any of the following changes: • Name change • Location Change • Ownership or representative change • Business activity change • The business license tax receipt must be displayed at the place of business. See reverse side for posting requirements. Sec. 21-18. - No required permits waived. The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 21] constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code [SAMC] or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. (Ord. No. NS-1922, § 1, 7-20-87) i Y Y The person, firm or corporation named below has-been issued this business license tax receipt pursuant to the provisions of the City Business License Tax Coda (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SAMC Sec. 21-18) and is not an endorsement, nor certification of compliance with other ordinances or laws. It is the responsibility of the applicantllicensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicantflicensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revoked. This business license tax account is nontransferable. Please note that it is your responsibility to renew and update this license annually. CITY OF SANTA ANA -TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1964 SANTA ANA, CALIFORNIA 92702 PHONE (714) 647-5447 CALIF BARRICADE RENTALS INC 1550 E ST GERTRUDE PL SANTA ANA, CA 92705-5310 THIS TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 168398 TAX PERIOD: 41112021 - 313112022 BUSINESS TYPE: EQUIPMENT SALES & RENTALS BUSINESS ADDRESS: 1550 E ST GERTRUDE PL SANTA ANA, CA 92705 BUSINESS NAME: CALIF BARRICADE RENTALS INC OWNER/REP: HURSTAARK L. - PRIES EXPIRATION DATE: 03131l2022 City Council 18-45 5/6/2025 �'tXfE IIf Callfimin C�untruLturs �tt�te `license �uttr� Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to: CvI`,lTKr�GTuRS STATE LICENSE BOARD ACTIVE LICENSE 4�'4 785733 =-- CORP CALIFORNIA BARRICADE RENTALS INC a, --' C31 CALIFORNIA BARRICADE RENTALS INC to engage in the business or act in the capacity of a contractor in the following classification(s): sue,. C31- CONSTRUCTION ZONE TRAFFIC CONTROL D"Mmmt „ Consumer Affairs Witness my hand and seal this day, October 13, 2000 Issued October 12, 2000 This license is the property of the Registrar of Contractors, is not 'ier transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated for any reason. It becomes void if not renewed. 785733 License Number City Council �.��F 10131/2022 www.cslb ca.gov 5/6/2025 Contractor Information Legal Entity Nance CALIFORNIA BARRICADE RENTALS. INC. Legal Entity Type Corporation Status Active Registration Number 1000017487 Resistration affective date 112/2021 Registration expiration dote 613012022 Mailing Address 1550 E, SAINT GERTRUDE PLACE SANTA AT A 92705 CA Unr. . Physical Address 1550 E, SAINT GERTRUDE PLACE SANTA ANA 92705 CA Unit Emai I Address Trade Name/DBA CALIFORNIA BARRICADE, INC License Numberlsl CSLB:785733 CSL8:785733 Legal Entity Information Corporation Number C2035262 Federal Employment Identification Number: President Name: MARK NURST Vka Pnsidant Name: KFlLM HURST Treasurer Name KELLIE HURST Seer"" Name: KFI I IF HURST CEO Name: KFI t IF HURST Agent of Service Name: NANCY DOWD Agent of Service Mailing Address: 9921 CARMEL MOUNTAIN ROAN S-L 382 SAN D:EGO 92129 CA Uraeci States of America Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?., Please provide your current workers compensation insurance information below: PEo PEO PEO PFOlnformationName Phone Email Insured by Carrier Registration History Effective Date Expiration mate 6/1212018 6130/2019 519/2027 6/30/2028 612612016 6/30/2017 9123/2015 6/30/2016 313112015 613012015 7/1/2019 6130/2020 711/2020 6130/2021 711/2021 6130/2022 Policy Holder Name:CAL1FORNIA BARRICADE RENTALS, INC.Insurance Carrier: STATE COMPENSATION INSURANCE FUNDPoliry Number:9063608201nception date:6130/2020Expiration Date: 612912021 City Council 18 — 47 5/6/2025 OSS GENERALESERVICES Printed on: 6/9/2021 10:20:39 AM To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services Certification ID:25944 Email Address: kellie@californiabarricade.com Legal Business Name: California Barricade Rentals, Inc. Business Web Page: www.catiforniabarricade.com Doing Business As (DBA) Name 1: California Barricade Rentals, Inc. Business Phone Number: 714/558-8474 Doing Business As IDEA) Name 2: California Barricade, Inc. Business Fax Number: 714/558-3821 Address: 1550 E. Saint Gertrude Place Business Types: Santa Ana Construction , Non -Manufacturer, Service CA 92705 Certification Type Status From To SB(Micro) Approved 06/08/2021 06/30/2023 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at raloPrnnira_CA_COV Questions? Email: OSDSH ELP@DGS.CA.GOV Call OSDS Main Number:916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 City Council 18 — 48 5/6/2025 EXHIBIT C City Council 18 — 49 5/6/2025 LABOR FEE PROPOSAL 2022 Prevailing Wage M-F Hourly Saturday Hourly Sunday Hourly 1 technician - 4 hour minimum $125.00 $145.00 $165.00 Overtime after 8 hours — per technician $145.00 $145.00 $165.00 Overtime after 12 hours — per technician $165.00 $165.00 $165.00 1 supervisor — 4 hour minimum $145.00 $165.00 $185.00 Overtime after 8 hours — per supervisor $165.00 $165.00 $185.00 Overtime after 12 hours — per supervisor $185.00 $185.00 $205.00 1 2022 Standard Wage M-F Saturday Sunday Hourly Hourly Hourly Mobilization & demobilization — per technician $95.00 $115.00 $135.00 Mobilization & demobilization — per supervisor $115.00 $135.00 $155.00 Daily — Attenuator vehicle (without operator) $395.00 Service Descriptions: Work area traffic control set-up, monitoring, removal, flagging operations, lane closures, road closures, detours, installations & removals, and special events. Prices will escalate according to bi-annual increases on the DIR Prevailing Wage Determinations. A `not to exceed' amount is directly related to the number of occurrences required by the City. dlrCALIPORNIA oz)5i RR/CADE City Council 18 — 50 5/6/2025 RENTAL FEE PROPOSAL RENTAL ITEM DAILY WEEKLY MONTHLY Flasher only $ 0.15 $ 0.60 $ 1.80 Type B flasher $ 0.55 $ 2.20 $ 6.60 Type I barricade $ 0.25 $ 1.00 $ 3.00 Type I barricade w/ flasher $ 0.28 $ 1.10 $ 3.30 Type I barricade w/ sign $ 0.70 $ 2.80 $ 8.40 Type I barricade w/ flasher & sign $ 0.83 $ 3.30 $ 9.90 Type III barricade $ 1.38 $ 5.50 $ 16.50 Type III barricade w/ flasher $ 1.65 $ 6.60 $ 19.80 Type III barricade w/ sin $ 1.93 $ 7.70 $ 23.10 Type III barricade w/ flasher & sign $ 2.20 $ 8.80 $ 26.40 Sign only (aluminum, mesh or reflective) $ 0.55 $ 2.20 $ 6.60 Advance warning signs 36 x 36 or 48 x 48 Mesh or reflective sign w/ stands & flags -or- Aluminum signs on a -frame sign stands $ 1.10 $ 4.40 $ 13.20 Advance warning signs w/flasher $ 1.25 $ 5.00 $ 15.00 10' parade barricades $ 1. 55 $ 6.60 $ 19.80 7'6" pedestrian barricades $ 3.30 $ 13.20 $ 39.60 39" delineator 12 lb. base $ 0.20 $ 0.80 $ 2.40 Delineator base only (12 lb.) $ 0.15 $ 0.60 $ 1.80 28" traffic cones reflective (7 lb.) $ 0.30 $ 1.20 $ 3.60 Traffic drums 25 lb. base $ 0.83 $ 3.30 $ 9.90 K-Rail: Concrete CALL K-Rail: Water filled $ 3.30 $ 13.20 $ 39.60 Traffic Beacons $ 17.50 $ 87.50 $ 162.50 Solar Arrow Boards $ 32.50 $ 150.00 $ 400.00 Light Towers $ 45.00 $ 170.00 $ 495.00 Message Boards $ 92.50 $ 300.00 $ 600.00 4rAL/PORN/A 6ACRRICADE City Council 18 - 51 5/6/2025 FIRST AMENDMENT TO AGREEMENT WITH STATEWIDE TRAFFIC SAFETY AND SIGNS, INC, TO PROVIDE ON -CALL TRAFFIC CONTROL SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on May 6, 2025, by and between Statewide Traffic Safety and Signs, Inc., a Delaware corporation, dba AWP Safety ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The Parties entered into Agreement No. A-2022-013-01 ("Agreement") dated February 1, 2022, to provide on -call traffic control services for the City's Public Works Agency. B. Contractor is one of two selected contractors to provide said services to the City pursuant to Request for Proposal #21-120 ("UP"). Each contractor shares an aggregate total compensation amount, as detailed in the Agreement, and are paid only for actual services performed C. The Parties executed an extension under the Agreement on January 22, 2025 for an additional two (2) year period (#A-2022-013-01A) through January 31, 2027. The Agreement is current and in effect. D. In addition to this Agreement, the City maintained a separate agreement with Contractor for services with the City's Police Department, as well as Parks, Recreation, and Community Services Agency for similar services. E. The Parties now wish to amend the Agreement to expand the Scope of Services to include additional department requests from the City under a single Agreement in order to increase efficiency and streamline operations. In addition, the Parties seek to increase the overall compensation to account for the additional services for those departments. No other changes are contemplated by this Amendment. The Parties therefore agree: 1. Section 1, Scope of Services is amended to read as follows: a. On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. b. Services consistent with this Agreement shall be provided to the City's Public Works Agency; Parks, Recreation, and Community Services Agency; and the Santa Ana Police Department. Each department will provide written confirmation of its request for services with Contractor. 2. Section 2, Compensation, is hereby amended to read as follows: a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-120. The total compensation for services provided by all contractors, under the term of this Agreement, including any extensions, shall not exceed the shared aggregate amount of one million ten thousand dollars and zero cents ($1,010,000). City Council 18 — 52 5/6/2025 Exhibit 2 b. Contractor may increase its rates, detailed in Exhibit C, pursuant to updates consistent with the 12-month annual Consumer Price Index, as set by the U.S. Bureau of Labor Statistics. Contractor may also increase rates consistent with wage rate increases noted in Exhibit C regarding DIR Prevailing Wage Determinations. Contractor agrees and understands that any increase to the total compensation amount, detailed in subsection (a), above, is subject to approval by the City Council of the City of Santa Ana. c. City agrees to compensate Contractor for any services provided for any of the new listed departments prior to the execution of this First Amendment. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice to the listed department evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 1464M4-- Kyle lesen Assis ant City Attorney RECOMMENDED FOR APPROVAL Digitally signed by N a b i I Saba Nabil Saba Date: 2025.04.23 08:39:38-0700' Nabil Saba, PE Executive Director, Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR Anthony J. Digitally Anthony J.A signed oy Amato Date: 2025.04.2215:26:23 -07'00' By: Anthony J. Amato Title: Sr. Director, Legal City Council 18 — 53 5/6/2025 EXHIBIT A City Council 18 — 54 5/6/2025 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL TRAFFIC CONTROL SERVICES RFP NO.: 21-120 Introduction / Back round The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with one or more of the qualified contractor(s) to provide professional traffic control services for a variety of projects in the City. The work consists of general traffic control services. Each project and location will vary and each will be based on task order assignment. The selected contractor(s) shall comply with all City, local, State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked to provide professional engineering traffic plans for specific task orders, based on an agreed -upon specific scope of services and fees. Scope of Services The work consists of temporary and permanent traffic control services and the necessary traffic control devices, personnel and related equipment generally consisting of the following and not limited to: • PSMS citywide measure campaign ■ Work area traffic control setup • Job site flagging • Lane closures • Sidewalk closure • Road closures (includes installation of K-Rail or water filled K-Rail and water truck used to fill plastic K-Rail container) • Vehicle, bicycle and pedestrian detours • Special event and traffic control set-up and pick-up • Maintenance of Traffic Control zone (reset and replace missing delineators and barricades, etc... equipment) The City's Project Manager will notify the contractor(s) when traffic control services are needed. The contractor(s) must be able to respond within a 48-hour period for planned services and within 2-hours of an emergency task order. City of Santa Ana RFP 21-120 City Council 18 — 55 5/6/2025 Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be performed after hours which may require specific equipment for night time work. The Project manager or his/her(s) duly authorized representative will monitor the contractor(s) operations and on periodic basis to assure compliance with proper traffic control and safety procedures. The selected contractor(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Manap-ement, Eauil ment/Sunplies The contractor(s) services and materials shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to the latest editions of the following: Manual on Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH), American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by the City of Santa Ana standard plans section 1 125F, and or federal, state and local guidelines established in the project. All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle participating in traffic control setups and takedowns must have all warning and flashing signs properly and fully functional including and not limited to: warning signs, flashing lights, arrow boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control performed on major arterial streets. The contractor(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit the matter to the City for clarification. The following services/items shall include but are not be limited to: 1. If included in the on -call project scope, attend meetings with the City staff as required. 2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their respective representatives on site if required. 3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair damaged or missing traffic control. City of Santa Ana RFP 21-120 City Council 18 — 56 5/6/2025 4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner to the general public and City Staff at all times while performing work for the City. The City reserves the right, at the sole discretion of the project manager, and may request the contractor(s) to remove any employee and or sub-contractor(s) for any reason deem detrimental to the City and the safety of the public. The City reserves the rights to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with this contract and shall protect and save harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. All information regarding the job order and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. (See Fee Proposal Section). City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. ■ Furnish scope of work and provide general direction as needed for the assigned project ■ All plan check coordination within the City ■ Advertise, award, and administer of contract ■ Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed Fee Proposal: In addition to Section W.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the company's standard hourly fee schedule and/or -Project fee schedule where apollicable and as outlined in this this documents. A list of all positions and hourly rates required to Vcrform the services described herein. Equipment and material costs/fees to perform Traffic Control should be listed in fee schedule. A morespecific scope of work will be provided when/if a pro6ect or Task Order Proposal is re nested from the contractor(s). City of Santa Ana RFP 21-120 Page A! a City Council 18 — 57 5/6/2025 Other Terms anal Conditions: 1. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 3. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 4. Accessibility. The Contractor shall fully inform himself regarding any particularities and limitations of the space available for the work to be performed. The contractor(s) shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. 5. Cleanup during performance and upon completion of the work for this project contractor will remove all unused equipment of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these specifications. Contractor shall leave the entire area clean in an acceptable condition as approved by the City. 6. Examination of Specification and Site. Contractor is expected to carefully examine the site of the proposed work and all proposal specifications, documents, and forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished and the requirements of the proposed specifications. Independent Contractor. in accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 8. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advanced and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. 9. Unknown Obstructions. Should any unknown obstruction be encountered during the course of this contract the Contractor immediately bring it to the attention of the City. The contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area. 10. Rejection of Work. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. City of Santa Ana RFP 21-120 Page A! 4 City Council 18 — 58 5/6/2025 1 l . Independent Contractor. In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City. 12. Subcontractors Contractor agrees to bind every subcontractor to the terms of the Agreement Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Agreement Documents shall create any contractual relationship between any subcontractor and the City. The City reserves the right to approve all subcontractors. The City's Approval of any subcontractor under this Agreement shall not in any way relieve Contractor of its obligations in the Agreement Documents. ■ Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 13. Safety Requirements/Violations • Safety at the Project site during performance of the work is of paramount concern to the City. Accordingly, the City will review violations recorded as serious or willful for federal or state OSHA regulations within the last five (5) years. Contractors must identify the number of OSHA violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render a proposal as non -responsive. We strongly encourage full disclosure, since failure to identify all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD form may result in rejection of the proposal as non -responsive or the contractor as non - responsible following a hearing A citation properly appealed through OSHA is not considered to be a violation until the matter is closed and considered final by OSHA. The City still expects this information to be disclosed by the contractor, with an explanation and documentation showing that the matter is properly under appeal with OSHA and not considered closed or final. Failure to be forthcoming with this information may result in rejection of the proposal as non -responsive. Notwithstanding the preceding, the City may waive this criterion in its sole and absolute discretion. City of Santa Ana RFP 21-120 City Council 18 — 59 5/6/2025 • Describe your safety measures plan to assure the City that all applicable OSHA regulations will be adhered to with the inclusion of an Injury and Illness Prevention Program. City of Santa Ana RFP 21-120 City Council 18 — 60 5/6/2025 EXHIBIT B City Council 18 — 61 5/6/2025 StcItewide Tr Atic SMety rind Sir;n,-, Inc dho St(Itc-widc, Sitety Sy tp-ms 2722 S. Fairview Street Santa Ana, CA 92734 STATEWIDE SAFETY SYSTEMS STATEMENT OF QUALIFICATIONS SO Statewide Traffic Safety & Signs DBA Statewide Safety Systems 1100 S Main Street Ste. 100 Irvine, CA 92614 / statewidess.com Arizona / -rarin Hawaii / NPvada / New Mexicn / Oregnn / Texas / Utah / Washlr City Council 18 — 63 5/6/2025 Aws &A-.1 STATEWIDE SAFETY SYSTEMS November 30, 2021 Azadeh Azad, Project Manager Santa Ana Public Works Agency City of Santa Ana, California 20 Civic Center Plaza Santa Ana, CA 92701 Subject: RFP No. 21-120 On -Call Traffic Control Services Dear Azadeh Azad, Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems (Statewide) has attached a proposal for the City of Santa Ana's RFP No. 21-120: On -Call Traffic Control Services. We acknowledge receipt of all addenda issued before the bid date of this RFP. As Secretary & Treasurer of Statewide, I have the legal authority to contractually bind the company. Jon Lang Sr, Vice President, has legal authority to contractually bind the company as well. Statewide's local contact and location servicing the City of Santa Ana: Kory Fivecoat, Branch Manager 2722 S. Fairview Street Santa Ana, CA 92704 Phone: (714) 468-1919 Email: kfivecoatastssi.com & services(astssi.com We are committed to providing the best possible service to the City of Santa Ana and are confident we can offer value-added services to effectively and efficiently complete tasks assigned to us under this contract. Thank you for the opportunity to provide our Traffic Control Services to the City of Santa Ana. Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems Marty Breen Secretary & Treasurer 1100 Main Street, Suite 100 Irvine, CA 92614 mbreen statewidess.com services@stssi.com City Council 18 — 64 5/6/2025 JWS STATEWIDE SAFETY SYSTEMS Contract Agreement Statement No concurrence or concerns with the provisions in Appendix 2 — Agreement at this time. Statewide Traffic Safety & Signs DBA Statewide Safety Systems 1100 S Main Street Ste. 100 Irvine, CA 92614 / statewidess.com Arizona % )rado / Hawaii / Nevada / New Mexico / Oregon / Texas / Utah / Washir City Council 18 — 65 5/6/2025 STATEWIDE SAFETY SYSTEMS Company and Team Experience: Statewide Traffic Safety and Signs Inc. dba Statewide Safety Systems (Statewide) has positioned itself as an industry leader in traffic control in California, with 11 offices located throughout the state. Statewide operated in Nevada and has affiliated companies operating in multiple states in the Central and Western United States. Statewide provides rental services and sales of traffic control products, as well as providing services ranging from traffic plans, permits, sign fabrication, and traffic closures on surface streets, highways, and major freeways. Services Construction Zone Traffic Control Traffic Plans Freeway and Road Closures Products K-Rail — Concrete, Plastic, Water -Filled Light Towers Solar Arrow Boards Attenuator Trucks Permit Process K-Rail Installation Crash Cushion Installation Special Events Changeable Message Signs- Full-Size/Mini Crash Cushions Construction Area Signs and Fence Panels The Sign Division provides signage of all types: Architectural — Interior/Exterior Building Face Lettering OSHA Magnetics for Vehicles Special Traffic Control Signs Channel Letters Fleet Graphics Regulatory and Warning Flagging Permanent Sign Installation Construction Sign Installation Barrier Systems Delineators, Cones, Barricades, Safety Products Crowd Control Barricades Warning & Airport Flags Building Signs Decals and Logos ADA/Braille Banners and Stencils Traffic Planning Our traffic plans are prepared by knowledgeable professional staff to scale and based upon the requirements set forth in the current California Manual on Uniform Traffic Control Devices (M.U.T.C.D.) and in accordance with the requirements of the local agency. If required, Statewide uses the service of a registered P.E. Civil Engineer to additionally review and stamp our plans. We also have available the services of a Certified Traffic Engineer who will prepare and stamp temporary traffic signal plans. Professional CAD drawn plans to scale, Site surveying. Our representatives will meet with you to determine you work zone, time, and safety requirements and develop a traffic plan that fits your needs. We can develop pre -bid traffic plan sets or develop traffic plan sets from existing construction plans. Permit Services Our Permit Services include. Plan submittals are sent directly to all agencies; We handle all approvals, revisions, paperwork, and fees. Our staff attends agency meetings to coordinate traffic control, design, and approval. We obtain all 3'd party signatures (if required) for approval of submitted plans for Fire and Safety Agencies. Statewide places customer service, as its highest priority and we pride ourselves on our quick response to all customer requests. We also offer EMERGENCY RESPONSE which includes coordinating with State, City and Local Agencies for implementation of traffic control following MAJOR INCIDENTS. City Council 18 — 66 5/6/2025 STATEWIDE SAFETY SYSTEMS Project Team (Resumes attached to this Statement of Qualifications): Kory Fivecoat (Branch Manager) Manages STSSI operations in our Garden Grove, California branch which services Los Angeles and Orange Counties of California. Projects, and personnel involved, under his management range from construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. Kory Fivecoat will be one of the Statewide representatives to conduct the presentation, if invited for an interview - Mike Razo (Dispatcher / Project Manager) Dispatcher / Project Manager for STSSI Garden Grove, California which services Los Angeles and Orange Counties of California. Mike dispatches and coordinates labor, material and equipment for projects relating to construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash attenuation, and work zone safety. - Field Crews Our field personnel are certified perform traffic control to the current standards. We hire union labor for the local laborer's union. City Council 18 — 67 5/6/2025 tS STATEWIDE SAFETY SYSTEMS Understandin of Need: Statewide understands that the safety of City of Santa Ana's crews and the public are a top priority for the City. We are committed to providing a safe work zone for all personnel involved and, with our experience and expertise, we will provide the highest standard of traffic control services to the City. Statewide personnel will carry themselves in a professional manner. Our 24hour on -call services will allow us to respond when notified by the City's Project Manager within 48 hours, for planned services, as well as within 2 hours, for emergency task orders. Our Santa Ana branch location is minutes from all locations within the limits of the City of Santa Ana. We have shown on the map to the right where our branch is positioned in relation to the City of Santa Ana city limits. Our proximity to possible work locations under this contract will insure a prompt and efficient response to traffic control requests from the City. V rp Material and equipment required for traffic control work under this contract will be staged on trucks, ready to be dispatched with traffic control crews when task orders are initiated by the City's Project Manager. We understand that after hours work may require additional equipment and have this equipment on standby as well. Statewide vehicles will be clearly identified and fully equipped with all the necessary warning and flashing signs to fulfill the task order. Traffic Mounted attenuators will be used on major arterial streets As part of the contract requirements, Statewide will attend meetings with the City staff as required. We have extensive experience coordinate with regulatory agencies and will involve the respective agencies representatives on site, if necessary. If the situation arises where unrelated work is concurrently be performed on or near the work covered by this contract, Statewide will cooperate and coordinate as directed by the City. Our management and crews will monitor all traffic control setups to ensure proper functioning and repair damaged or missing traffic control as necessary. To provide our services at a professional level, Statewide has project management control procedures in place, that include project management plans, QA/QC plans, project schedule/invoicing procedures, and project correspondence procedures. City Council 18 — 68 5/6/2025 Material and equipment required for traffic control work under this contract will be staged on trucks, ready to be dispatched with traffic control crews when task orders are initiated by the City's Project Manager. We understand that after hours work may require additional equipment and have this equipment on standby as well. Statewide vehicles will be clearly identified and fully equipped with all the necessary warning and flashing signs to fulfill the task order. Traffic Mounted attenuators will be used on major arterial streets As part of the contract requirements, Statewide will attend meetings with the City staff as required. We have extensive experience coordinate with regulatory agencies and will involve the respective agencies representatives on site, if necessary. If the situation arises where unrelated work is concurrently be performed on or near the work covered by this contract, Statewide will cooperate and coordinate as directed by the City. Our management and crews will monitor all traffic control setups to ensure proper functioning and repair damaged or missing traffic control as necessary. To provide our services at a professional level, Statewide has project management control procedures in place, that include project management plans, QA/QC plans, project schedule/invoicing procedures, and project correspondence procedures. City Council 18 — 68 5/6/2025 EXHIBIT C City Council 18 — 69 5/6/2025 V00 AWP Safe DIR PW REGt 1000001109 CLIENT: EST ESTIMATING DEPARTMENT ITEM # DESCRIPTION TRAFFIC CONTROL SERVICES Proposal/Quote AWP Safety - Santa Aria License # 975518 2722 South Fairview Street Santa Ana, CA 92704 Ph (714) 468-1919 Fax 1562) 272-6857 SPECIFICATIONS: 1 TECH, 1 TC TRUCK, 1 FLASHING ARROW BOARD -Includes TC equipment for (1) lane closure 1 TC TECH 1 TC TRUCK -See attached rate sheet for equipment rental rates. OVERTIME DOUBLETIME SATURDAY closures SUNDAY / HOLIDAY closures Exhibit C BID DATE: 0 1 /09/25 CONTRACT INFO ON -CALL TRAFFIC CONTROL EXTENSION - RFP 21-120 SANTA A PROPOSAL:136262 ESTIMATOR Kevin Hansen PROJECT: ON -CALL TRAFFIC CONTROL SERVICES RFP NO. 21-120 SANTA ANA, CA QUANTITY PRICE AMOUNT +++ 4-HOUR MINIMUM SHIFT CHARGE PER MOBILIZATION +++ +++ 8-HOUR MINIMUM CHARGE 4 - 8 HOUR SHIFT +++ +++ ALL RATES LISTED ABOVE ARE PREVAILING WAGE +++ +++ ALL RATES LISTED ABOVE ARE PORTAL-TO-PORTAL +++ $160.00/HR $115.00/H R $30.00/H R $150.00/8-12 HRS/TECH $180.00/HR over 12 HR/TECH $195.00/HR/TECH $235.00/H R/TEC H - For more extensive closures or for a more detailed breakdown of rates, additional pricing or quotes can be made available upon request on a case -by -case basis. - Each Traffic Tech must be provided a 30 minute meal period. Missed meal periods will be billed at $70.00 per Traffic Tech. NO RETENTION HELD FOR TRAFFIC CONTROL. TRAFFIC CONTROL PLAN SPECIFICATIONS: WITH ENGINEER STAMP $900.00/PER PAGE WITHOUT ENGINEER STAMP $500.00/PER PAGE DOES NOT INCLUDE TEMPORARY STRIPING OR K-RAIL PROPOSAL PROVISIONS - TC SPECIFICATIONS: - A signed contract and 15 working days notice must be given prior to any move in. This quote shall remain valid for 30 days from date of actual bid opening, unless otherwise agreed upon. PAYMENT TERMS ARE- 100%, NET 30 unless otherwise agreed upon. - Unless stated otherwise, all permits and associated fees are excluded from Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY's pricing. - Lump sum items are based on "working days" listed in the Special Provisions or working days bid for this project. Additional comp rr''}}' rr11 ''IIites) wit' be tied if R 7 l - St and94Yf9g49FLrk shift must be established IN WRITING Mr to Aatewide Traffic Safety and §t�5, %tarting work. - Rental equipment furnished and installed by Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY may not be moved by CONTRACT INFO Proposal/Quote Page 2 ON -CALL TRAFFIC CONTROL EXTENSION - RFP 21-120 SANTA A 136262 01/09/25 ITEM # DESCRIPTION QUANTITY PRICE AMOUNT Signed: Print: Dated: Title: anyone other than Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY without prior approval. - Traffic Control not included in installation, removal, or repair of any item. Stand-by time charged at $225.00/hr. -Portable equipment will be delivered and picked up from one location. Contractor to maintain. Contractor is liable for loss and or damaged equipment. Barricades do not include flashing lights or sign panels unless otherwise noted. - Contractor is liable for lost or damaged equipment removed or relocated by Contractor's forces. - Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY does not accept charges or back charges of any kind unless agreed to in writing prior to work beginning. - Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY shall fully indemnify Contractor for any liability arising out of Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY work or products, but only to the extent of Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY liability and not that of anyone else. Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY maintains insurance coverage for their work hereunder, including $2,000,000.00 Products- Comp/OP Agg and a 10/93 Additional Insured Endorsement. - If there are any issues or concerns regarding Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY products or work, Contractor shall promptly notify and give Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY first opportunity to correct any such problems. - All change order work must be approved by agency / owner prior to work being performed by Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY. - Acceptance of this quote is acceptance of these provisions, which shall prevail if in conflict with any other documents. - No retention is to be held for Traffic Control and Equipment Rental. - Traffic control pricing rates exclude any "Traffic Control Technician / Supervisor" on site. 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Harbor Boulevard) AGENDA TITLE Resolution and Density Bonus Agreement No. 2024-02 Property Located at 510 and 520 N Harbor Boulevard in Specific Plan No. 2 RECOMMENDED ACTIONS 1. Adopt a resolution approving Density Bonus No. 2024-02 as conditioned; RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2024-02 FOR A FORTY-FIVE UNIT SINGLE-FAMILY ATTACHED TOWNHOME DEVELOPMENT LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD (APN: 100-631-05 & 100-631-04) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemption); and 3. Authorize the City Manager to execute a Density Bonus Agreement with Alminlo Properties, LLC, for a 55-year term, for a for -sale residential development consisting of forty-five (45) attached for -sale townhomes, which includes five (5) units designated as affordable to moderate -income households at 510 and 520 N. Harbor Boulevard (Agreement No. A-2025-XXX). GOVERNMENT CODE 484308 APPLIES: Yes City Council 19 — 1 5/6/2025 DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) May 6, 2025 Page 2 EXECUTIVE SUMMARY City Ventures Homebuilding, LLC (applicant), on behalf of Alminlo Properties, LLC (property owner), is requesting approval of Density Bonus Agreement (DBA) No. 2024-02 to allow the construction of forty-five (45) attached for -sale townhomes, with five (5) units proposed as affordable to moderate income households earning 80 to 120-percent of the area median income (AM 1), on a 2.5-acre site located at 510 and 520 N. Harbor Boulevard. As proposed, the project will utilize waivers from development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41- 1607. The request satisfies the purpose and intent of the Harbor Mixed Use Corridor Specific Plan (SP2) to provide additional affordable housing stock to an underserved segment of the region's population. As a result, staff recommends approval of the DBA. Planning Commission Action On December 9, 2024, the Planning Commission held a public hearing for the project and voted 5:0:2, with Commissioners Leo and Ramos absent, to approve Vesting Tentative Tract Map (VTTM) No. 2024-02 and to recommend that the City Council approve Density Bonus Agreement (DBA) No. 2024-02, modifying both sets of conditions to require balconies have adequate drainage systems that prevent water accumulation and ensure proper runoff. Moreover, pursuant to Section 41-1607 of the SAMC, the Planning Commission made the required findings to approve waivers from the development standards and a development concession as part of the density bonus agreement. Following this vote, the item requires City Council approval of the DBA. DISCUSSION Table 1: Protect and Location Information Item Information Project Address and Council Ward 510 & 520 N. Harbor Boulevard — Ward 1 Nearest Intersection Harbor Boulevard and Fifth Street General Plan Designation Urban Neighborhood-50 (UN-1.5) Zoning Designation Harbor Mixed -Used Transit Corridor Specific Plan (SP-2) — Corridor (CDR) subzone Surrounding Land Uses North Commercial (auto sale) East Commercial (auto repair, grocery, retail, restaurant) South Residential, Commercial (restaurant) West Residential (mobile homes) Property Size 2.5 acres (1.881 acres net after right-of-way easements) Existing Site Development Partially undeveloped with --1,400 sq. ft. building Use Permissions Multi -Family Residential (permitted under Harbor Mixed Use Transit Corridor Plan, as part of SB330 request) Zoning Code Sections Affected Uses Article XVI.I (Density Bonus); Corridor District within the Harbor Mixed Use Transit Corridor Plan (SP-2); and Chapter 34 Subdivisions City Council 19 — 2 5/6/2025 DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) May 6, 2025 Page 3 Project Description The project includes the construction of a new residential development consisting of 45 townhouse units and 11,673 square feet of open space (common and private combined). The development will consist of nine residential buildings ranging from two- to three-story townhouse units and will provide onsite bicycle parking. The units will include private balconies and decks, with some offering ground floor patios. The units have been designed to be family -oriented, featuring thirty-six (36) three -bedroom units and nine (9) four -bedroom units with and 2.5 to 3.5 bathrooms each. Every unit will contain a two -car garage at ground level (tuck -under building design) with residential units above, and the project site will contain nine guest parking spaces, for a total of 99 parking spaces, exceeding the requirements of the Specific Plan. However, to proactively address parking management policies, staff is recommending conditions of approval similar to those for other residential infill projects that would incorporate parking management practices in the Covenants, Conditions, and Restrictions (CC&Rs) that will be recorded against the property. Of the total units in the development, five units are proposed to be affordable to households earning 80-120 percent of the AMI, which is currently set at $154,800, adjusted for a four - person household size, as published by California Department of Housing and Community Development (HCD). Four of the affordable units will be three -bedroom units while the last unit will be a four -bedroom unit. The proposed affordable units will range in size between 1,451 to 1,775 square feet in size and will contain full kitchens, bedrooms, bathrooms, and open/common (living) areas. Approximately 7,820 square feet or approximately 10% of the total site area will be open space provided through private exterior ground -level porches/front yards and upper decks distributed throughout the site. The remainder of the open space will be provided as a 3,853- square-foot common open central courtyard within the site's interior. The design and layout of the proposed common open space would function as a passive outdoor area, providing functional amenities to residents (e.g., picnic tables, BBQ, lounge furniture, etc.). The open space would feature a shade trellis, hardscaping materials, trees, and shrubs. The proposed landscaping includes, but is not limited to, purple orchid, tulip, sweet bay, African sumac, southern magnolia, fern pine, Brisbane box, crape myrtle trees, as well as a variety of shrubs. Lastly, each unit will also contain decks/private balconies for the use of each unit's owners. The project features a contemporary architectural style similar to many multiple -family or mixed -use residential communities under construction in Santa Ana and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing multi -family neighborhood. The contemporary architectural style would include fiber cement lap siding, stucco finish, stone veneer, metal awnings, and high quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.). Each building will be painted with different accent colors to distinguish each structure within the community. Moreover, the residential structures are City Council 19 — 3 5/6/2025 DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) May 6, 2025 Page 4 designed to fully screen all mechanical equipment within the structure, parapet walls, and screened with landscaping. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building's lifetime. Density Bonus The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to five incentives/concessions and an unlimited number of waivers or reductions in development standards. The concessions/incentives are generally reductions in site development standards or modification of zoning code requirements or architectural design requirements, and waivers are essentially variances from development standards (a site or construction condition). The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Pursuant to the California Density Bonus law, a project's affordability level is determined by dividing the number of proposed affordable units by the allowable "base" density (i.e., 50 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. The base density for the 2.5-acre site at 50 du/ac is 125 units. Of the total units in the development, five units are proposed to be affordable. Therefore, the project would have an 11 % affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of 6%. Due to the project's 11 % affordability rate, the developer can seek one density bonus incentive/concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. For this project, the developer is not requesting a state density bonus for additional units but will avail themselves of the incentive/concession and waivers that are required to be provided by State density bonus law for projects with the requisite affordability. The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the project and has identified several areas of potential impacts; however, the conditions of approval proposed for the project are intended to address the project's potential impacts. City Council 19 — 4 5/6/2025 DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) May 6, 2025 Page 5 Pursuant to SB 330 and the General Plan Land Use Element, the developer selected the Harbor Mixed Use Transit Corridor Specific Plan (SP-2) development standards for a tuck - under building type to design the project. Under the Density Bonus Law, the developer sought a specific concession and waivers from certain SP-2 standards to facilitate project development. Table 2 outlines the concession and waivers requested by the applicant and approved by the Planning Commission on December 9, 2024, in accordance with Cal. Gov't Code Sec. 65915(e)(1). Table 2: Requested Concession and Waivers Standard Required by SP-2 or the SAMC I Provided Building Frontage SP-2, Ch. 3, Frontyard/Porch Frontage Type, 1 (pg. 3-9) Ground Floor Height Min. 10' floor height 9' floor height Dimensions — Depth Min. 6' porch depth 4' porch depth Dimensions - Width Min. 10' wide asymmetrical entry <10' wide asymmetrical entry Open Space* SP-2, Ch. 3, Table 3-9. Onsite Open Space Requirements . 3-13 Common— Area 15% of lot 12,290 sq. ft. 5% of lot 3,853 sq. ft. Private — Area 90 sq. ft. per dwelling unit 4,050 sq. ft. total Min. 90 sq. ft. provided for 27 units 71820 sq. ft. total Private — Dimensions 6' min. dimension 4'-6" to 5-6" dimension *Open space based on net useable parcel area The requested concession and waivers address minor architectural detailing and the site's open space. The project's ground floor height and porch dimensions do not meet SP-2 requirements, necessitating slight deviations from its standards to accommodate the design. Although a reduction in open space is requested, the project benefits from its proximity to three nearby parks: Cesar Chavez Campesino Park to the east, Santa Anita Park to the southeast, and Rosita Park to the northwest, all located approximately '/2 mile away. This nearby access to public green spaces helps mitigate the reduced on -site open space. Onsite Parking To proactively address any neighborhood parking impacts that could result from the project, the conditions of approval for the VTTM and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the final, recorded CC&Rs, and applicable throughout the life of the project: • Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the surface guest parking spaces; • Policies for maximum time vehicles may be parked in the surface guest spaces; • Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang - tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and • Routine garage inspections to ensure garages are available for vehicle parking. City Council 19 — 5 5/6/2025 DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) May 6, 2025 Page 6 Affordable Housing Opportunity and Creation Ordinance (AHOCO) The proposed development is subject to the requirements of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO), which requires rental unit developments to provide a minimum number of affordable units, depending on the proposed affordability level (i.e., low income, very low income, extremely low income, or a combination). In this case, the developer is proposing to provide moderate -income for -sale units. Pursuant to the AHOCO, the applicant is required to provide 5% moderate -income onsite affordable units. Therefore, three moderate -income units would be required to be provided onsite to be sold. The project exceeds the affordable housing goal for the ownership category of the City's AHOCO by providing five (5) onsite units in place of three (3) for sale units which will target moderate -income (80-120%) households, significantly enhancing the opportunity for income eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. Four of the affordable units will be three -bedroom units while the last unit will be a four -bedroom unit. The proposed affordable units will range in size between 1,451 to 1,775 square feet in size and will contain full kitchens, bedrooms, bathrooms, in -unit storage, and open/common (living) areas. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. In addition, staff contacted the provided contacts for the Riverview West and Santa Anita Neighborhood Association to ensure they were aware of the project and Planning Commission public hearing. As the City Council's approval of this agreement does not constitute a public hearing, no public notification or community outreach is required under applicable state law or local ordinances prior to Council action. ENVIRONMENTAL IMPACT Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in orderto address the potential environmental impacts associated with the Harbor Mixed Use Corridor Specific Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Furthermore, in accordance with CEQA, the recommended action is also exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: City Council 19 — 6 5/6/2025 DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) May 6, 2025 Page 7 Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section 15192(b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code. 1. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100,000 square feet. 2. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. B. The project is within one-half mile of a major transit stop. 3. Meet both of the following requirements regarding number of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 4. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in -lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill City Council 19 — 7 5/6/2025 DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) May 6, 2025 Page 8 development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution — Density Bonus Agreement 2. Density Bonus Agreement 3. December 9, 2024 — Planning Commission Staff Report and Exhibits Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director of Planning and Building Agency, and Michael L. Garcia, Executive Director of Community Development Agency Approved By: Alvaro Nunez, City Manager City Council 19 — 8 5/6/2025 RESOLUTION NO. 2025-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2024-02 FOR A FORTY-FIVE UNIT SINGLE-FAMILY ATTACHED TOWNHOME DEVELOPMENT LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD (APN: 100- 631-05 & 100-631-04) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Kim Prijatel, representing City Ventures Homebuilding, LLC ("Applicant"), on behalf of Clark Beyer, General Manager of the Alminlo Properties, LLC ("Property Owner"), is requesting approval of Density Bonus Agreement No. 2024-02 (DBA-2024-02) to allow the construction of a forty-five unit attached townhome development, five of which are proposed as onsite moderate - income affordable units, for the property located at 510 and 520 North Harbor Boulevard ("Project"). B. The California Density Bonus law generally allows developers to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law also generally allows developers to seek incentives/concessions or waivers of, or reductions in, development standards. C. Section 41-1607 of the Santa Ana Municipal Code ("SAMC") requires an application for a deviation (incentives/concessions and/or waivers or reductions) to be approved by the Planning Commission. D. On December 9, 2024, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and approved, based on findings, the application for one (1) concession and five (5) waivers of development standards, to be memorialized in Density Bonus Agreement No. 2024-02 as well as the Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328). E. SAMC Section 41-1602(d) requires that Density Bonus Housing Agreements be submitted to the City Council for their approval pursuant to Section 421 of the City's Charter. Resolution No. 2025-XXX City Council 19 — 9 5/6/ of 5 F. On May 6, 2025, the City Council of the City of Santa Ana held a duly noticed public meeting and, at that time, considered approval of Density Bonus Agreement No. 2024-02. G. The City Council hereby approves Density Bonus Agreement No. 2024- 02. This Agreement allows for the construction of the proposed Project in accordance with the provisions of State Density Bonus Law and SAMC Section 41-1607, and in accordance with Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328), as conditioned. Section 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Corridor Specific Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Furthermore, in accordance with CEQA, the recommended action is also exempt from further review under Section 15195 (Residential Infill Exemption), as this Project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code. 1. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100,000 square feet. 2. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. B. The project is within one-half mile of a major transit stop. 3. Meet both of the following requirements regarding number of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within Resolution No. 2025-XXX City Council 19 — 10 5/6/ of 5 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 4. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in - lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The Project site is not more than four acres in area, the Project does not include any single level building exceeding 100,000 square feet, and the Project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this Project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or Resolution No. 2025-XXX City Council 19 —11 5/6/ of 5 local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana hereby approves Density Bonus Agreement No. 2024-02, as contained in Exhibit A, attached hereto and incorporated as though fully set forth herein, based on the findings contained in Section 1. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2024, and exhibits attached thereto; the Request for City Council Action dated May 6, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. ADOPTED this day of , 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney I BY :� Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2025-XXX City Council 19 — 12 5/67W of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk attached Resolution No. 2025-XX Council of the City of Santa Ana on Date: of the Council, do hereby attest to and certify the to be the original resolution adopted by the City , 2025. City Clerk City of Santa Ana Resolution No. 2025-XXX City Council 19 — 13 5/6/ of 5 CITY COUNCIL DRAFT RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code §§ 6103 and 27383 DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 510-520 North Harbor Boulevard; APN: 100-631-041,100-631-05 This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Agreement"), is made and entered into this _ day of , 2025 ("Effective Date"), for reference purposes only, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Santa Ana 8 Inv, LLC, a Delaware limited liability company ("Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 510 and 520 North Harbor Boulevard, Santa Ana, California, and legally described as set forth in Exhibit A, which are attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to develop a residential development consisting of no more than forty five (45) units, five (5) of which are proposed as moderate income residential ownership units on the Property, as more particularly set forth in Density Bonus Application No. DBA-2024-02 ("Project"). C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who restrict a portion of their residential development to Moderate Income Households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities throughout the City. Page 55394.O'J01'44 rJ-44 4 City Council 19 — 14 5/6/2025 CITY COUNCIL DRAFT D. The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. E. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Section 65915(d)(2)(A), the City has determined that the Project is eligible for one (1) incentive or concession, and waivers as prescribed by the State Density Bonus Law. F. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Affordability Covenants" means restrictions on the sale and conveyance of the Property pursuant to California Government Code Section 65915 that ensure that the Property will be preserved for Moderate Income Households for at least fifty-five (55) years for owner -occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the California Health and Safety Code. 1.1.2 "Adjusted for Family Size Appropriate to the Unit' or "Adjusted for Household Size" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.3 "Administrative Procedures Manual" shall mean the City's Administrative Procedures Manual: Ownership Housing Development, setting forth rules and regulations for the City's homeownership program. 1.1.4 "Affordability Term" means the duration of the Affordability Covenants as set forth in Section 3.1. 1.1.5 "Affordable Housing Cost' means the total housing costs paid by a qualifying Moderate Income Household in accordance with California Health and Safety Code Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Moderate Income Households. The Affordable Housing Cost shall not exceed thirty-five percent (35%) times one hundred ten percent (110%) of the Orange County Median Income Adjusted for Family Size Appropriate for the Unit. For Moderate Income Households whose gross income exceeds 110% of Median Income, the Affordable Housing Cost shall not exceed thirty five percent (35%) of the gross income of the household. Page 2 55394.9r J 01' 44 rJ 44 4 City Council 19 — 15 5/6/2025 CITY COUNCIL DRAFT 1.1.6 "Affordable Housing Resale Restrictions" means the restrictions imposed on each Affordable Unit that restrict sales to qualified Eligible Households pursuant to a local preference for families who live or work in the City of Santa Ana at an Affordable Sales Price, in the form of Exhibit B attached hereto. 1.1.7 "Affordable Sales Price" means the maximum sales price that can be charged for an Affordable Unit as set forth in Section 3.3.1. 1.1.8 "Affordable Units(s)" means the five (5) unit(s), which shall comprise of four (4) three -bedroom units and one (1) four -bedroom unit, which always must be proportionate to the unit mix for the property. Any change to the number, bedroom size, location, or distribution of Affordable Units is subject to City Manager approval. 1.1.9 "Agreement" means this Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions. 1.1.10 "Benchmark Down Payment" is a component of the Affordable Sales Price calculations. For the purposes of this Agreement, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price. The Benchmark Down Payment is used solely as a component for determining the Affordable Sales Price for an Affordable Unit. It does not represent a cap on the down payment amount that can be contributed by a Homebuyer. 1.1.11 "Certificate of Occupancy" means a certificate or approval of a final inspection from the City. 1.1.12 "City" means the City of Santa Ana, California. 1.1.13 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.14 "City Council" means the City Council of the City of Santa Ana. 1.1.15 "City Deed of Trust" means the deed of trust to be executed by the Homebuyer and recorded against Affordable Unit the Homebuyer's obligations under the City Promissory Note, substantially in the form attached hereto as Exhibit D. 1.1.16 "City Manager" means the City Manager for the City of Santa Ana. 1.1.17 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.18 "City Promissory Note" means the promissory note executed by the Homebuyer evidencing Homebuyer's agreement to pay the City Equity Share, substantially in the form attached hereto as Exhibit C. 1.1.19 "Density Bonus Application" shall mean the Density Bonus Application No. 2024-02 for the Project. Page 3 55394.9r J 01' 44 rJ 44 � City Council 19 — 16 5/6/2025 CITY COUNCIL DRAFT 1.1.20 "Developer" means Santa Ana 8 Inv, LLC, a Delaware limited liability company, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. 1.1.21 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to Section 4.2 herein. 1.1.22 "Eligible Household" means a Household whose income does not exceed the "Moderate Income Household" qualifying limit as defined herein. 1.1.23 "First Lien" means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of an Affordable Unit. For the avoidance of doubt, the City's Deed of Trust shall be subordinate to the First Lien. 1.1.24 "Gross Household Income" means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: (a) Except as provided in subdivision (b), all payments from all sources received by the head of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Household Income shall include, but not be limited to: (i) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; (ii) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); (iii) Interest and dividends; (iv) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); (v) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; (vi) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: Page 4 55394.9r"01'44-rami44; Z City Council 19 — 17 5/6/2025 CITY COUNCIL DRAFT (1) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus (2) The maximum amount which the public assistance agency could in fact allow for the Household for shelter and utilities. (vii) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; (viii) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (b)(v)); (ix) Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity in real property other than the Household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. (b) The following items shall not be considered as income: (i) Casual, sporadic or irregular gifts; (ii) Amounts which are specifically for or in reimbursement of the cost of medical expenses; (iii) Lump -sum additions to Household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; (iv) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; (v) The special pay to a serviceman head of a Household away from home and exposed to hostile fire; local relocation law; (vi) Relocation payments made pursuant to federal, state, or (vii) Foster child care payments; Page 5 55394.O'J01'44 rJ44 � City Council 19 — 18 5/6/2025 CITY COUNCIL DRAFT (viii) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household; (ix) Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: (1) National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. (c) National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE) 1.1.25 "Homebuyer" means an Eligible Household that has entered into an agreement to purchase an Affordable Unit in accordance with this Agreement. 1.1.26 "Homebuyer Documents" means the Affordable Housing Resale Restrictions, the City Promissory Note, and the City Deed of Trust. 1.1.27 "Household" means all the persons who will occupy the Affordable Unit as their primary residence. The size of a prospective Household must be compatible with the size of the Affordable Unit to be purchased. Unless otherwise approved in writing by the City, which the City may withhold in its reasonable discretion, the minimum number of occupants is three (3) for three -bedroom units and four (4) for four -bedroom units. A child who is subject to a legally - binding shared -custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. For the purpose of calculating the Household income and not the number of occupants, excluded from the definition of Household are live-in caregivers/caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household. 1.1.28 "Housing Cost" means and includes all of the following costs associated with ownership of an Inclusionary Unit as defined in Title 25 of the California Code of Regulations Section 6920: improvements; (a) Principal and interest on a mortgage loan at the defined interest rate; (b) Property tax and assessments; (c) Fire and casualty insurance covering replacement value of property (d) Property maintenance and repairs; (e) A reasonable utility allowance, as determined by the City; and Page 6 55394.W01'44;�J City Council 19 — 19 5/6/2025 CITY COUNCIL DRAFT (f) Homeowner Association assessments and dues. 1.1.29 "Median Income" means the Orange County, California area median income, Adjusted for Household Size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 1.1.30 "Moderate Income Household(s)" means a Household whose income does not exceed One Hundred Twenty Percent (120%) of the area median income for the Orange County, California PMSA as published by HCD. 1.1.31 "Primary Residence" means that the Homebuyer is occupying the Affordable Unit for at least ten (10) months out of any twelve (12) month period. 1.1.32 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement. 1.1.33 "Project Approvals" means all approvals, conditions, and entitlements issued by the City, inclusive of the Planning Commission and City Council. 1.1.34 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.35 "Request for Default" means the request for default attached hereto as Exhibit I. 1.1.36 "State Density Bonus Law" means Government Code Section 65915, et seq., as they exist on the Effective Date. 1.1.37 "Supportable Mortgage" means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30-year fully amortizing mortgage with a fixed interest rate. The Supportable Mortgage shall be determined in accordance with the City's Administrative Procedures Manual, provided that it should be determined for a Moderate Income Household consistent with the requirements of this Agreement and State Density Bonus Law. 1.1.38 "Transfer" means any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate or joint tenancy interest; (iii) a gift of all or any portion of the Property; or (iv) any voluntary conveyance of the Property. 1.1.39 "Transferee" means any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer. 1.1.40 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below. Page 7 55394.9r J 01' 44 rJ 44 � City Council 19 — 20 5/6/2025 CITY COUNCIL DRAFT 1.1.41 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer. 1.1.42 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer and sold at market rate without restriction. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A: Legal Description of the Property 1.2.2 Exhibit B: Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement 1.2.3 Exhibit C: City Promissory Note 1.2.4 Exhibit D: City Deed of Trust 1.2.5 Exhibit E: Income Verification Form 1.2.6 Exhibit F: Certification of Continued Occupancy 1.2.7 Exhibit G: Notice of Affordability Restrictions on Transfer of Property 1.2.8 Exhibit H: Request for Default 1.2.9 Exhibit I: Affordable Sales Price 2. DEVELOPMENT OF THE PROPERTY 2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as forty five (45) Units, with five (5) Affordable Units for Eligible Households and forty (40) Unrestricted Units in accordance with this Agreement and the Project Approvals. Notwithstanding anything to the contrary contained herein, in no event shall this Agreement apply to any of the Unrestricted Units and such Unrestricted Units shall not be subject to any of the covenants, restrictions, requirements, or provisions of this Agreement which are applicable to the Affordable Units and this Agreement shall not be recorded on the title of any of the Unrestricted Units. 2.2 Density Bonus. The Project shall have forty five (45) Units, to be sold, owned, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is not requesting an increase in density and that this Agreement does not allow or approve an increase in residential density over the allowed density regulations of the City. Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional residential units on the Property under this Agreement. 2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application: 2.3.1 Concession. In accordance with Government Code Section 65915(d)(1), the Project is granted one (1) concession for relief from City Municipal Code Section 41-592.3 and SP-2, Ch. 3, Frontyard/Porch Frontage Type Configuration Requirement, contained at 1, on Page 3-9, which would ordinarily require the Project provide porch dimensions as follows: a minimum Page 8 55394.9r J 01' 44 rJ 44 z City Council 19 — 21 5/6/2025 CITY COUNCIL DRAFT porch depth of 6 feet, a minimum porch width of 10 feet (for asymmetrical entries) and a minimum porch height of 10 feet. Pursuant to the Project Approvals, the Project shall provide the following: (a) Clear ground floor height minimum of nine feet -one inch (9'-195 ); (b) Porch depth minimum of four feet (4') (measured from face of landing to building fagade); and, (c) Asymmetrical entry width minimum of nine feet -six inches (9'-6"). 2.3.2 Waivers. In accordance with Government Code Section 65915(e), provided the Project complies with the Project Approvals, the Project is granted the following waivers or reductions from Onsite Open Space Requirements: (a) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9, to provide minimum private open space of 90 square feet per unit is waived for eighteen (18) units. (b) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9, for minimum private open space dimensions is reduced from six (6) feet to four feet -six inches (4'-6"). (c) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9 for common open space is reduced from 12,219 square feet, which is 15% of the lot area, to 3,853 square feet. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p). The Project shall provide not less than ninety nine (99) parking spaces. 2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that no further concessions, incentives, waivers or parking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.6 Unit Mix. 2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than forty (40) Unrestricted Units, as set forth Section 2.6.3, below, plus any Released Units, as set forth in Section 3.6 below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. Page 9 55394.O'J01'44 rJ44 4 City Council 19 — 22 5/6/2025 CITY COUNCIL DRAFT 2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than five (5) Affordable Units, for Moderate Income Households, as set forth in Section 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with the Project Approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.6.3 Unit Mix. Four (4) Affordable Units shall be three -bedroom units and one (1) Affordable Unit shall be a four -bedroom unit. The Affordable Units shall be consistent with the Project Approvals for the Project. 2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any base Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. Notwithstanding the foregoing, nothing herein shall be construed to limit the ability of purchasers of Unrestricted Units to purchase upgrades for such units. 2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project, inclusive of the Project Approvals. Any changes to the Project shall be reviewed by the City Manager to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's reasonable determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary. 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, Page 10 55394.9r J 01' 44 rJ 44 z City Council 19 — 23 5/6/2025 CITY COUNCIL DRAFT services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.2 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. 3. AFFORDABILITY 3.1 Affordability Term. The Affordability Term for each Affordable Unit shall commence on the date the Affordable Unit receives a certificate occupancy and expire fifty-five (55) years later (each an "Affordability Term"). 3.2 Memorializing Commencement of Affordability. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Term for each Affordable Unit until that Affordable Unit is sold to a Homebuyer in accordance with this Agreement or released pursuant to Section 3.6 hereof. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels of Affordability. Each Affordable Unit shall be initially sold to and occupied by an Eligible Household for an Affordable Sales Price, and any resale shall be subject to the Affordable Housing Resale Restrictions and the City Deed of Trust recorded against the Affordable Unit. 3.3.1 Affordable Sales Price. Developer covenants that, during the Term of this Agreement, each Affordable Unit shall be sold to, or held vacant for sale to, an Eligible Household for an Affordable Sales Price. The Affordable Sales Price is equal to the sum of the Supportable Mortgage plus, if applicable, the Benchmark Down Payment. Prior to the sale of any Affordable Unit, Developer shall provide the City with at least thirty (30) days' written notice of the determined amount, and the City shall have ten (10) days to approve or disapprove of the proposed Affordable Sales Price. The Affordable Sales Price for the initial sale of the Affordable Units shall be as calculated in Exhibit I. Page I I 55394.O'J01'44 rJ44 � City Council 19 — 24 5/6/2025 CITY COUNCIL DRAFT 3.4 Notice to City. Prior to entering into an agreement for the transfer of an Affordable Unit, Developer shall provide at least thirty (30) days written notice to the City, along with a proposed written agreement setting forth the terms of the sale, including the proposed Affordable Sales Price. 3.5 Homebuyer Documents. The sale of each Affordable Unit is subject to satisfaction of the following conditions: 3.5.1 Each Homebuyer shall execute the Affordable Housing Resale Restrictions, which shall be recorded against the Affordable Unit. 3.5.2 The Affordable Housing Resale Restrictions shall include the following occupancy requirements: The Owner shall occupy and continually use the Affordable Unit as the Homebuyer's Primary Residence during the Total Affordability Term. On an annual basis, the City's Program Manager will send the Homebuyer an Occupancy Recertification Form to be filled out and returned to the City within thirty (30) days of receipt. The Owner shall affirm that they are occupying the Affordable Unit as their Primary Residence. The Owner will be required to submit copies of two current utility bills, or other evidence of occupancy that is acceptable to the City, as part of the annual recertification process. 3.5.3 The Affordable Housing Resale Restrictions shall provide for the terms of resale and the distribution of proceeds from any sale, as follows: (a) The Homebuyer shall execute the City Promissory Note evidencing Homebuyer's agreement to pay the City Equity Share, and record the City Deed of Trust against the Affordable Unit to secure the City Promissory Note. (b) During the Affordability Term, prior to the Transfer of an Affordable Unit, each Homebuyer shall agree to the City Promissory Note, and execute the Affordable Housing Resale Restrictions, the City Deed of Trust, the Notice of Restrictions, and the Request for Default, which shall be recorded against each Affordable Unit. In the event a Homebuyer seeks to Transfer an Affordable Unit during the Affordability Term, the City, in its sole and absolute discretion, may approve an assignment and assumption agreement for subsequent sales of the Property to Eligible Households during the Affordability Term. The Affordable Housing Resale Restrictions shall provide that Affordable Units shall only be Transferred to an Eligible Household for an Affordable Sales Price during the Affordability Term, and the City Deed of Trust securing the City Promissory Note shall remain a lien on the Property. (c) During the Affordability Term, if a Transfer complies with the requirements of the Affordable Housing Resale Restrictions, then the Homebuyer selling the Affordable Unit shall be entitled to closing proceeds after payment of a First Lien for the Affordable Unit, and the City Equity Share shall be an obligation of the new Homebuyer, pursuant to the City Promissory Note and City Deed of Trust recorded against the Property. (d) Following the expiration of the Affordability Term for the Affordable Unit, the City Equity Share shall become due and payable upon a Transfer of the Property. Page 12 55394.9r J 01' 4 4 rJ City Council 19 — 25 5/6/2025 CITY COUNCIL DRAFT (e) The City Equity Share includes an amount equal to the "initial subsidy" and "proportionate share of appreciation," in accordance with California Government Code section 65915(c)(2), and shall be determined as follows: (i) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"), plus (ii) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the Initial Subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation"). (f) Payment of the City Equity Share is subject to the following: (1) payment to satisfy a First Lien from a primary lender, as approved by City at the time of the initial sale, or subsequent approval in the event of a refinance event, and (2) an amount equal to the down payment and the cost of improvements paid by the Homebuyer. Following payment of the City Equity Share, the Homebuyer shall receive the remainder of any closing proceeds, less any costs of closing, including any and all real estate broker commissions. (g) When the City Equity Share becomes due, the proceeds from the sale of the Property shall first satisfy a First Lien, and the Homebuyer shall receive proceeds for the value of any improvements and any down payment actually paid. The City Equity Share shall be paid prior to disbursement of remaining sales proceeds to the Homebuyer. 3.5.4 In order to assist City with calculation of the City Equity Share, Developer or a Homebuyer, as applicable, shall provide City with a calculation of the fair market value of each Affordable Unit at the initial sale which shall be determined as follows: (a) For the initial sale, Developer shall propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project. (b) Except for the initial sales subject to sub -paragraph (a), prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If a seller or prospective Homebuyer disputes the appraised value, then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value. (c) The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City. Page 13 55394.O" 01' 44;�J 44 � City Council 19 — 26 5/6/2025 CITY COUNCIL DRAFT 3.6 Alternative Compliance. If, for the initial sale of an Affordable Unit, a Homebuyer has not been identified by the Developer for certification by the City within 90 days of the issuance of a Certificate of Occupancy for such unit and good faith marketing efforts by Developer, as outlined in Section 4.13, Developer shall provide the City written notice that a Homebuyer has not been identified for the Affordable Unit; the notice to the City shall include a description of additional plans to market the Affordable Unit subject to City's reasonable review and approval. If Developer is still unable to identify a Homebuyer within an additional 90 days following implementation of the additional marketing plan approved by the City, Developer may sell the Affordable Unit to a qualified nonprofit housing corporation pursuant to, and subject to the requirements of, the State Density Bonus Law ("Nonprofit Unit"). At close of such a sale, provided that the Developer has complied with all requirements of the State Density Bonus Law, including but not limited to recording an equity sharing agreement against the Nonprofit Unit required under Government Code Section 65915(c)(2)(C), the Nonprofit Unit shall not be subject to any requirement of this Agreement and this Agreement shall terminate as to and cease to be a burden on or encumbrance against that Nonprofit Unit. Upon Developer's request in connection with a sale of a Nonprofit Unit approved by the City, City agrees to provide documentation, in a form subject to City's reasonable approval, terminating this Agreement as to that Nonprofit Unit at the close of the sale. 4. OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Fifteen Thousand Nine Hundred Sixty Seven Dollars and Ninety Cents ($15,967.90), was paid by the Developer on December 9, 2024. 4.2 Recording of Documents; Priority. 4.2.1 Prior to issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, and Developer shall deliver the proof of recording as required by Section 4.2.3, below. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and Project for the Term of this Agreement. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Affordable Units for the Term of this Agreement to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.2.2 The Agreement shall be recorded against the Property and have priority over those matters of public record, except as approved in writing by the City; provided, however, prior to issuance of a Certificate of Occupancy for the Project, the Parties may execute an amendment to this Agreement or other appropriate instrument that ensures that the requirements of this Agreement, upon the creation of the Affordable Units and the recordation of this Agreement, are properly recorded against each Affordable Unit and memorializes Owner's obligation to provide the Affordable Units on a for -sale basis in accordance with this Agreement and, upon the recording of such instrument as to the individual Affordable Units, the City may determine, in its sole and Page 14 55394.9r J 01' 44 rJ 44 Z City Council 19 — 27 5/6/2025 CITY COUNCIL DRAFT absolute discretion, to a release of this Agreement to the Property as a whole. Provided, however, this Agreement shall terminate and be of no further force and effect on the Unrestricted Units or any common areas of the Property as provided in Section 5.1. 4.2.3 Prior to issuance of building permits for the Project, Developer shall cause to be provided to City a condition of title guarantee (or other evidence acceptable to the City) that demonstrates this Agreement is senior to any other lien, deed of trust, mortgage, or other interest in the Property or the Project, except any Developer construction loan, Developer mortgage or deed of trust, or other interest in the Property or the Project approved by the City in writing, which approval shall not be unreasonably conditioned, withheld, or delayed. The City shall have not less than ten (10) days to determine that this Agreement (or an amended version of the Agreement restricting the Affordable Units) has senior rights. If City disapproves the evidence provided by Developer, then Developer agrees and acknowledges that City may withhold the building permit unless and until Developer provides evidence satisfactory to the City demonstrating priority of this Agreement or an amendment thereto. 4.3 Occupancy Levels. Developer shall not apply or permit any occupancy requirements that violate local, state or federal law during the development or sale of the Affordable Units. 4.4 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. 4.5 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Developer, until a Homeowners' Association ("HOA") is established, at which point, the HOA and each Homebuyer shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Homebuyer of the Affordable Unit which will be inspected, or (ii) at least 48 hours' notice to Developer, which shall promptly give notice to Owners of the Affordable Unit to be inspected. 4.6 Preparation and Recordation of Transfer Documents. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the Affordable Housing Resale Restrictions, the City Promissory Note, the City Deed of Trust, and the Notice of Affordability Restrictions, for each Affordable Unit to Eligible Households required by Section 3 of this Agreement in substantially the forms attached hereto as Exhibits B, C, D, and G, respectively. Developer shall not sell an Affordable Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Household for the purchase of the Affordable Unit, and the Homebuyer has executed and submitted to the Program Director, in recordable form, the Affordable Housing Resale Restrictions, the City Deed of Trust, and the Notice of Affordability Restrictions, and the approved financing for the Homebuyer, including the executed City Promissory Note. City's approval of the Homebuyer as an Eligible Household Page 15 55394.9r J 01' 44 rJ 44 4 City Council 19 — 28 5/6/2025 CITY COUNCIL DRAFT pursuant to this Section 4.6 shall not be unreasonably conditioned, withheld, or delayed. City shall have thirty (30) days to review a request to approve a proposed Homebuyer. 4.7 Selection of Homebuyers. 4.7.1 Developer shall be responsible for the selection of Homebuyers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.7.2 In selecting Homebuyers for the Affordable Units, Developer shall apply a preference for Santa Ana residents and workers to the extent permissible by law. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in purchasing the Affordable Units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.7.3 Qualified applicants for Affordable Units will be screened and "lotterized." A waiting list will be created from a lottery generated from the initial pool of qualified homebuyer applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein. 4.7.4 Prior to the sale of an Affordable Unit, Developer shall require the Homebuyer to execute a written purchase sale agreement substantially similar to the Form PSA, and a written certification from the Homebuyer verifying compliance with the requirements for an Eligible Household and all other eligibility requirements established for the Affordable Unit. Developer shall verify the income of the Homebuyer as set forth herein. 4.8 Income Verification and Certification. Developer shall verify income of prospective Homebuyers and certify the verification to the City; provided, however, that Developer shall not be liable for any fraud or mistake in performing its duties pursuant to this Section 4.8. In evaluating prospective Homebuyers, Developer shall consider the following sources of income in order of preference: (i) employment income; (ii) business income; (iii) income from Social Security, Supplemental Security Income (SSI), welfare, disability, or pension payments; and (iv) alimony or child support. To verify income, Developer shall comply with the procedures set forth in Section A-3 of the Administrative Procedures Manual. Subject to the foregoing preferences, Developer shall consider Gross Household Income from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. Within fifteen (15) days of delivery of an executed contract for purchase of an Affordable Unit by a prospective Homebuyer, Developer shall provide City with the Income Verification Form set forth in Exhibit F and the Certification of Continuing Occupancy set forth in Exhibit G. 4.9 DELETED Page 16 55394.9r J 01' 44 rJ 44 Z City Council 19 — 29 5/6/2025 CITY COUNCIL DRAFT 4.10 DELETED 4.11 DELETED 4.12 Marketing and Resident Selection Plan. 4.12.1 Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval, which approval shall not be unreasonably conditioned, withheld, or delayed, of a marketing program and resident selection plan for the sale of the Affordable Units at the Project ("Marketing Program"). City shall have thirty (30) days to review a proposed Marketing Program. The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the sale of the Affordable Units. 4.12.2 The Marketing Program shall include marketing and community outreach activities, proposed Homebuyer selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include the application process, interview procedure, Affordable Unit offer and assignment for selected homeowners, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 4.13 Non -Discrimination in Housing. Developer, and any successors in interest, shall not discriminate any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial or marital status, disability, veteran or military status, genetic information, political affiliation or opinion, medical condition, pregnancy or pregnancy -related condition, or condition of physical or mental disability or other handicap, age, or source of income or status with regard to public assistance in the transfer, use, occupancy, tenure or enjoyment of the Property or the Affordable Units, and the Developer, or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of any Homebuyer or resident of the Property or the Affordable Units. 4.14 Monitoring and Recordkeeping. Throughout the Term of this Agreement, on or before January 31 of each year, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report in the form set forth in Exhibit G for each year until all Affordable Units are sold. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each such record. Page 17 55394.9r J 01' 44 rJ 44 z City Council 19 — 30 5/6/2025 CITY COUNCIL DRAFT 4.15 Developer shall allow the City to conduct annual inspections of the Affordable Units on the Property after the date of construction completion, with reasonable notice, which shall be at least twenty four (24) hours in advance, unless a shorter time is required in an emergency, to Developer for the Term of this Agreement. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) business days of written notice thereof, or such longer period as is reasonable within the reasonable discretion of the City. 5. TERM OF THIS AGREEMENT 5.1 Term. This Agreement shall continue until all Affordable Units have been sold to Homebuyers pursuant to this Agreement (the "Term"). Upon the issuance of a Certificate of Occupancy for all of the Affordable Units in a building, this Agreement shall terminate as to the Unrestricted Units and the common area associated with that building. If there are no Affordable Units in a particular building, this Agreement shall terminate as to the Unrestricted Units in that building and the common area associated with that building upon the issuance of the Certificate of Occupancy for Affordable Units in the prior building. Upon the initial sale of each Affordable Unit and execution and recordation (as applicable) of the Homebuyer Documents pursuant to Section 3.5, or sale of an Affordable Unit as a Released Unit pursuant to Section 3.6, this Agreement shall terminate and be of no further force and effect with respect to such Affordable Unit. Upon the initial sale of all Affordable Units to Eligible Households pursuant to this Agreement, this Agreement shall terminate and be of no further force and effect. While not necessary to effect the termination of this Agreement, the Parties shall cooperate to execute and record a release or termination as to the Unrestricted Units, common area of the Project, or the Affordable Units as per the terms of this Section. 5.2 Continuing Obligation to Pay the City Equity Share. Notwithstanding the expiration of the Term, the City shall have the right to receive payment for the City Equity Share, and enforce the Affordable Housing Resale Restrictions, the City Promissory Note, and the City Deed of Trust until satisfactory payment of the City Equity Share pursuant to the terms of those agreements. 6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 6.2 Remedies. Page 18 55394.9r J 01' 44 rJ 44 z City Council 19 — 31 5/6/2025 CITY COUNCIL DRAFT 6.2.1 Any individual who sells or rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to City all monetary amounts so obtained. 6.2.2 City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to: (a) Actions to revolve, deny or suspend any permits for the construction of any Units in the Project, except that such actions may not include the suspension or revocation of any issued permit or license for the construction of any unit or units in the Development that have been constructed and sold or are under construction and under contract for sale; (b) Applicable actions under the Affordable Housing Resale Restrictions, City Promissory Note, or City Deed of Trust executed by a Homebuyer; (c) Actions for injunctive relief, damages, or other monetary relief; and (d) Civil citations or penalties. 6.3 Ri-1its and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 6.4 Waiver of Socculative..Conse uential or Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party. Developer acknowledges the protections of Civil Code Section 1542 relative to this waiver and release, which section reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. BY INITIALING BELOW, DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION. DEVELOPER'S INITIALS 6.5 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless Page 19 55394.00101143721567,2 City Council 19 — 32 5/6/2025 CITY COUNCIL DRAFT City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any claims, demands, or causes of action arising from or related to Developer's performance of its obligations under this Agreement, including the approval of this Agreement, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 7. ASSIGNMENT; COVENANTS RUN WITH THE LAND 7.1 Assignment by Developer. 7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 7. With the exception of sale, transfer, or assignment occurring after the recordation of this Agreement to an entity wholly owned by Developer, if Developer seeks to sell, transfer or assign the Property or Project, or any rights and obligations in this Agreement, Developer shall request City's written consent, and City shall respond within thirty (30) days with a written approval or denial, which City may determine in its reasonable discretion. City's failure to respond to the request within thirty (30) days shall be deemed an approval. 7.1.2 Sale or Conveyance of Property. Developer agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement in accordance with the terms of Section 5.1 hereof, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project sell the Affordable Units in accordance with the covenants, conditions and restrictions of this Agreement. Notwithstanding anything to the contrary contained herein, in the event that Developer or any successor in interest elects not to construct the Project, or any portion thereof, this Agreement shall terminate as to and cease to be a burden on or encumbrance against the Property or such portion thereof upon expiration or earlier termination of the entitlements for the Project. 7.1.3 Subsequent Assi nme. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 7.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. Page 20 55394.9r J 01' 44 rJ 44 � City Council 19 — 33 5/6/2025 CITY COUNCIL DRAFT 7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein in accordance with the terms of Section 5.1 hereof. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property in accordance with the terms of Section 5.1 hereof and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 8. MISCELLANEOUS 8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 8.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 8.3 Notices. 8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the Page 21 55394.9r J 01' 44 rJ 44 Z City Council 19 — 34 5/6/2025 CITY COUNCIL DRAFT recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: Santa Ana 8 Inv, LLC, A Delaware limited liability company 3121 Michelson Dr, Suite 150 Irvine, CA 92612 8.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 8.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 8.5 Interpretation and Governing, Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Page 22 55394.O" 01' 44;�J 44 � City Council 19 — 35 5/6/2025 CITY COUNCIL DRAFT Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 8.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 8.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 8.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 8.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 8.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 8.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 8.12 Non -Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, gender, gender identity, gender expression, marital status, sexual orientation, familial status, source of income, veteran or military status, age, national origin, ancestry, disability or genetic information, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 8.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. Page 23 55394.9r J 01' 4 4 rJ -44 z City Council 19 — 36 5/6/2025 CITY COUNCIL DRAFT If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or to the extent allowed by law, in the federal court district covering the City, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 8.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill Page 24 55394.O" 01' 44;�J 44 Z City Council 19 — 37 5/6/2025 CITY COUNCIL DRAFT the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 8.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 8.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the duration of the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof, unless otherwise approved by City in writing. Developer expressly understands and acknowledges that state law requires preservation of Affordability Covenants in connection with the approval of this density bonus project. 8.23 Mortgagee Protections. Notwithstanding anything to the contrary set forth elsewhere herein, Developer may obtain financing for the development and construction of the Project, which financing may be secured by a lien or charge of a mortgage, deed of trust, or other security interest then of record made in good faith and for value (a "Mortgage") without the City's consent; provided, however, that the Mortgage is subject to and subordinate to this Agreement unless otherwise approved by the City in writing, in its sole and absolute discretion. Upon the written request therefore by any holder of a Mortgage (a "Mortgagee"), the City shall provide such Mortgagee copies of any notice of default or demand to perform provided to Developer under this Agreement substantially concurrently with its delivery to Developer and agrees that such Mortgagee may, but is under no obligation to, cure any such default pursuant to Section 6. In the event a Mortgage exists for which City has received notice from the Mortgagee pursuant to this Section, this Agreement shall not be amended, supplemented, restated or otherwise modified in any manner without the prior written consent of such Mortgagee, which shall not be unreasonably withheld, conditioned, or delayed. The City's rights pursuant to Section 6 shall be superior to, but shall not render invalid, any mortgage or deed of trust recorded against the Property or any portion thereof, including without limitation, any Affordable Unit. Notwithstanding any other provision in this Agreement to the contrary, this Agreement shall not diminish or affect the rights of the California Housing Finance Agency ("Ca1HFA"), HUD, the Federal National Mortgage Association ("FNMA"), or the Veterans Administration ("VA") under any mortgage recorded against the Property in compliance with the Declaration. The City further agrees to execute and deliver to Mortgagee such further and other documents as Mortgagee may reasonably require to effect the purpose and intent of this Section. Page 25 55394.9r J 01' 44 rJ 44 Z City Council 19 — 38 5/6/2025 CITY COUNCIL DRAFT 8.24 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 8.25 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. {Signatures on following page} Page 26 55394,91 J 01' 44 rJ 44 � City Council 19 — 39 5/6/2025 CITY COUNCIL DRAFT IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: By: Matthew Cody Best, Best & Krieger Special Counsel to the City RECOMMEND FOR APPROVAL: CITY OF SANTA ANA Alvaro Nunez City Manager Santa Ana 8 Inv, LLC, a Delaware limited liability company Michael Garcia By: Executive Director Its: Community Development Agency Page 27 5 5394.00101 \43 721567.2 City Council 19 — 40 5/6/2025 CITY COUNCIL DRAFT IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: CITY OF SANTA ANA Jennifer Hall Alvaro Nunez City Cleric City Manager APPROVED AS TO FORM: By: Matthew Cody Best, Best & Krieger Special Counsel to the City RECOMMEND FOR APPROVAL: Santa Ana 8 Inv, LLC, a Delaware limited liability company Michael Garcia By: G Executive Director Its: I v Community Development Agency Page 27 5 5394.00101143721567, 2 City Council 19 — 41 5/6/2025 CITY COUNCIL DRAFT F.XATRTT A LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS: PARCEL1: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.&M. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.S.B.BM.; THENCE NORTH 10 CHAINS; THENCE WEST 6 CHAINS; THENCE SOUTH 10 CHAINS; THENCE EAST 6 CHAINS TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 5-516THS CHAINS. PARCEL 2. THE RIGHT TO USE THE REPLACE AND REPAIR THE EXISTING IRRIGATING PIPE LINE NEAR THE WEST LINE OF THE NORTH 5-516THS CHAINS. APN: 100-631-04 (PORTION) APN: 100-631-05 (PORTION) Page 28 Exhibit A Legal Description of the Property 5539A nfljm�ns111c11I City Council 19 — 42 5/6/2025 CITY COUNCIL DRAFT EXHIRIT R FORM OF AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING, AND REGULATORY AGREEMENT RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Attn: City Clerk Free Recording pursuant to Government Code 6103 & 27383 AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND REGULATORY AGREEMENT (Address; APN) This AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND REGULATORY AGREEMENT ("Affordable Housing Resale Restrictions" or "Agreement") is made as of , by ("Homebuyer") in favor of the CITY OF SANTA ANA, a municipal corporation ("City"). RECITALS A. Homebuyer has purchased a single family house located at , Santa Ana, California, , as such real property is more particularly described in "Exhibit 1" attached hereto and incorporated herein ("Property"). B. In connection with Homebuyer purchasing the Property, Homebuyer acknowledged and received disclosures that the purchase was subject to a Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions ("Density Bonus Agreement'), dated on or about , 2025, between the developer of the Property, ("Developer"). The Density Bonus Agreement required the Property to be sold to a Moderate Income Household, subject to the provisions of this Affordable Housing Resale Restrictions, pursuant to which Developer imposed covenants upon the Property to be sold to Eligible Homebuyers at an Affordable Sales Price. Homebuyer hereby acknowledges and agrees that this Affordable Housing Resale Restrictions is intended to implement the requirements of the Density Bonus Agreement, and that the purchase, use and occupancy of the Property is subject to the conditions, covenants and restrictions contained herein. Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Density Bonus Agreement. Page 29 Exhibit B 55394.O"OW4;�J-44 z City Council 19 — 43 5/6/2025 CITY COUNCIL DRAFT C. Homebuyer desires and intends to restrict the Property and the improvements thereon in accordance with this Affordable Housing Resale Restrictions. Homebuyer agrees and acknowledges that this Affordable Housing Resale Restrictions is intended to implement and further the intent of the Density Bonus Agreement, entered into between City and Developer of the Property, which was recorded against the Affordable Unit to impose the conditions, covenants, and restrictions as set forth herein. This Affordable Housing Resale Restrictions shall be construed in accordance with the Regulatory Agreement. D. Homebuyer is a Moderate Income Household, as that term is defined in this Agreement. E. Homebuyer has represented to City that Homebuyer and Homebuyer's household intend to reside in the Property as Homebuyer's principal residence at all times during Homebuyer's ownership of the Property. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. DEFINITIONS "Affordability Term" means that period of time commencing upon the Date of this Agreement and terminating on the date that is fifty-five (55) years from the date a Certificate of Occupancy was issued for the Property. "Affordable Housing Cost" means the purchase price for Moderate Income Households pursuant to California Health & Safety Code Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Moderate Income Households. The Affordable Housing Cost shall not exceed thirty-five percent (35%) times one hundred ten percent (110%) of the Orange County Median Income for a household size appropriate to the unit, pursuant to Santa Ana Municipal Code. "Affordable Sales Price" means a purchase price required under a written purchase sale agreement that does not exceed the sum of the Supportable Mortgage plus the Benchmark Down Payment. Affordable Unit" or "Property" means the individual dwelling unit restricted by this Agreement "City" means the City of Santa Ana, California, a California municipal corporation, and the City's successors and assigns. "City Deed of Trust" means the City Deed of Trust, securing this Affordable Housing Resale Restrictions and the City Promissory Note, and dated on or about the same date hereof. "City Equity Share" means the amount that Homebuyers agree to pay to the City in accordance with the City Promissory Note. "City Promissory Note" means the City Promissory Note, evidencing Homebuyer's agreement to pay the City Equity Share and dated on or about the same date hereof. Page 30 Exhibit B 55394.QWJ c<- Z City Council 19 — 44 5/6/2025 CITY COUNCIL DRAFT "County" means the County of Orange, California. "Date of this Agreement" means the date in the first paragraph of this Agreement. "Default" means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure. The term default also includes an Ownership Default and a Maintenance Default as more fully defined and described herein. Notwithstanding the foregoing for purposes of acceleration of the City Promissory Note , or initiation of foreclosure proceedings there shall be a distinction between the types of default hereunder, including an "Ownership Default" and a "Maintenance Default." The term "Ownership Default" means the failure of Homebuyer to perform any action or covenant required by the Affordable Housing Resale Restriction related to ownership, owner -occupancy, lien priority, and restrictions on sale and resale of the Property subject to the notice and opportunity to cure provisions set forth herein. A default of any obligation secured by the First Lien shall be a cross -default and also constitute an Ownership Default. The term "Maintenance Default" means the failure of Homebuyer to perform any action or covenant required by this Agreement relating to a "Maintenance Deficiency," including the ongoing upkeep, maintenance, and use of the Property in decent, safe, sanitary, clean, and neighborly manner, subject to the notice and opportunity to cure provisions set forth herein (and expressly excluding an Ownership Default). "Developer" means Alminlo Properties, a California limited liability company. "Eligible Household" means a Household whose income does not exceed the "Moderate Income Household" qualifying limit as defined herein. "First Lien" means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of the Property. "Homebuyer" means the person or persons set forth in the first paragraph of this Agreement, and their successors and assigns. "Housing Cost" means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920, and Santa Ana Municipal Code, including: improvements; (e) Housing Authority; and (fl Principal and interest on a mortgage loan at the defined interest rate; Property tax and assessments; Fire and casualty insurance covering replacement value of property Property maintenance and repairs; A reasonable utility allowance, as determined by the Orange County Homeowner Association assessments and dues. Exhibit B Page 31 55394.O" 01' 4 4;� J City Council 19 — 45 5/6/2025 CITY COUNCIL DRAFT "Legal Description" means the legal description of the Property which is attached hereto as Exhibit A and incorporated herein. "Median Income" means the area median income for Orange County PMSA, Adjusted for Family Size Appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by the California Department of Housing and Community Development. "Moderate Income" and "Moderate Income Households" means moderate income households as defined in Health & Safety Code Section 50079.5, with Gross Income for the Household that does not exceed one hundred twenty percent (120%) AMI. "Notice of Intent to Transfer" means a written notice from Homebuyer to the City that provides notice of an intent to Transfer the Property and all information required by this Agreement in connection with the proposed Transfer. "Permitted Transfer" means any Transfer which is permitted under this Agreement with the written consent of the City. "Prohibited Transfer" means any Transfer which is disapproved by the City or violates this Agreement. "Property" means that certain real property located at the street address set forth in Recital A and legally described in the Legal Description. "Purchase Agreement" means that certain agreement pursuant to which Homebuyer has agreed to purchase the Property from the Developer. "Request for Notice" means the Request for Notice of Default attached hereto as Exhibit I and incorporated herein. "Sales Price" means the sum to be paid by a Transferee for the Transfer of the Property. "Transfer" shall mean any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate; (iii) creation of a joint tenancy interest; (iv) a gift of all or any portion of the Property; or (v) any voluntary conveyance of the Property. "Transferee" shall mean any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer. 2. HOMEBUYER'S REPRESENTATIONS AND WARRANTIES AS TO THE SALE OF THE PROPERTY TO HOMEBUYER. 2.1 Homebuyer represents and warrants to City that the financial and other information which Homebuyer has provided to City with respect to Homebuyer's income and the Page 32 Exhibit B 55394.9r J 01' 4 4 rJ -44 4 City Council 19 — 46 5/6/2025 CITY COUNCIL DRAFT purchase price of the Property was true and correct at the time such information was provided, and remains true and correct as of the Date of this Agreement. 2.2 Homebuyer agrees to occupy the Property as Homebuyer's primary residence. 3. RESTRICTIONS ON SALE OF PROPERTY. 3.1 Homebuyer covenants and agrees that during the Affordability Term, any resale of the Property shall be to a Moderate Income Household for an amount that does not exceed an Affordable Sales Price. 3.2 Prior to any Transfer of the Affordable Unit, Homebuyer shall provide the City with a Notice of Intent to Transfer, in a form approved by the City, and the City shall have the right to approve or disapprove of any Transfer, which approval shall not be unreasonably withheld. 3.3 Permitted Transfers. Prior to any Transfer of the Property, Homebuyer shall obtain City's written consent pursuant to the requirements of Section 4 and 5, below, and subject to the following: (a) During the Affordability Term, the Homebuyer may Transfer the Property to a Moderate Income Household for an Affordable Sales Price. (b) Upon expiration of the Affordability Term, Homebuyer may sell the Property without the affordability restrictions of this Agreement, subject to the satisfaction of the City Promissory Note and City Deed of Trust. 3.4 Prohibited Transfers. Any Transfer of the Property without the City's written consent or in violation of this Agreement is a Prohibited Transfer. 4. HOMEBUYER PROCEEDS FROM SALE OF PROPERTY. 4.1 This Agreement implements the provisions of the Density Bonus Agreement for disbursement of funds from a sale of the Property, as further set forth below. 4.2 Permitted Transfers During the Affordability. During the Affordability Term, a Homebuyer retains the proceeds from a Permitted Transfer after payment of the First Lien, and reasonable closing costs and broker fees. The City Deed of Trust shall remain a lien on the Property, or the Transferee shall executed a new Affordable Housing Resale Restrictions, City Promissory Note, and City Deed of Trust. 4.3 Permitted Transfers Upon Expiration of the Affordability. Upon expiration of the Affordability Term, the City Equity Share shall become due and payable upon a Permitted Transfer, and the proceeds from a sale shall be used for payment of the City Equity Share in satisfaction of the City Promissory Note. 4.4 Prohibited Transfers. Homebuyer agrees and acknowledges that a Prohibited Transfer is a default of this Agreement and, in the event of such a default, the City shall be entitled Page 33 Exhibit B 55394,91 J 01' 4 4 rJ -44 Z City Council 19 — 47 5/6/2025 CITY COUNCIL DRAFT to the greater of. (a) all amounts paid for the Property in excess of the Affordable Sales Price shall be forfeited to the City, or (b) the City Equity Share. 4.5 Equity Sharing Agreement. 4.5.1 Following the expiration of the Affordability Term, Homebuyer agrees to pay to the City the City Equity Share, as follows: 4.5.2 The City Equity Share shall be paid out of proceeds from a Transfer of the Property after the Affordability Term. 4.5.3 The City Equity Share includes the following: (a) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"). (b) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation"). 4.6 The City Equity Share shall only be subordinate to a First Lien, as approved by the City at the time of the initial sale (or subsequent approval in the event of a refinance or resale during the Affordability Term), and amounts owed to Homebuyer for the value of improvements to the Property and the down payment paid by Homebuyer. 4.7 For purposes of determining the City Equity Share, at the time of the initial sale of the Property, and each re -sale during the Affordability Term, the fair market value shall be determined as follows: 4.7.1 For the initial sale, Developer may propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project. 4.7.2 Except as approved in writing by the City, prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If the Developer or a prospective Homebuyer disputes the appraised value, then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value. 4.7.3 The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City. Page 34 Exhibit B 55394.9r J 01' 4 4 rJ -44 z City Council 19 — 48 5/6/2025 CITY COUNCIL DRAFT 5. PROCESS FOR TRANSFER OF THE PROPERTY. In the event that Homebuyer desires to Transfer the Property, the following procedure shall apply: 5.1 Notice to City. Prior to any Transfer, Homebuyer shall send a completed Notice of Intent to Transfer to City at the address set forth in Section 22. The Notice of Intent to Transfer shall include: (a) the identity of the proposed Transferee and contact information, including current address and phone number, (b) the proposed terms of the Transfer, (c) whether the Property is being sold to a purchaser that qualifies as a Moderate Income Household and supporting documentation, and (d) if during the Affordability Term, the proposed Affordable Sales Price and the resulting Monthly Housing Costs. If the proposed Transfer is upon expiration of the Affordability Term, then the Notice of Intent to Transfer shall include the proposed sales price and a good faith estimate of the proceeds from the sale of the Property. The City may request additional information as reasonably necessary to evaluate the requested Transfer. 5.2 Qualification of Proposed Transferee. For a transfer during the Affordability Term, the proposed Transferee shall complete an Income Verification Form, in a form approved by the City, which shall include, without limitation, a certification as to the income and family size of the proposed Transferee. 5.3 Certificates from Parties. In the event the City approves the proposed Transfer, Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee. 5.4 Requirements for Permitted Transfers. For a Permitted Transfer during the Affordability Term, the City will require: (1) an assignment and assumption agreement that is reasonably acceptable to City, or (2) the proposed Transferee execute a new City Promissory Note, City Deed of Trust, and Affordable Housing Resale Restrictions. Upon expiration of the Affordability Term, the City will require a closing statement setting forth the proceeds from a proposed sale, and shall have at least thirty (30) days to review and approve the sales documents. 5.5 Written Approval of City Required Before Transfer. The purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement. 5.6 Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by this Section 5, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the Page 35 Exhibit B 55394.9r J 01' 4 4 rJ -44 z City Council 19 — 49 5/6/2025 CITY COUNCIL DRAFT proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. 5.7 Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all certificates required by this Section 5 and any other documents City may request. 6. ENCUMBRANCES. 6.1 Subordination. Except as provided otherwise herein, the provisions of this Agreement, the Notice of Affordability Restrictions and the City Deed of Trust, the obligations herein and therein, shall be subordinate only to the First Lien on the Property and, if applicable, other loan(s) as approved by the City, including lien instruments that secure other Homebuyer purchase money and/or down payment assistance, including without limitation City, State of California, or federal affordable housing programs, which liens shall not impair the rights under the First Lien in the event of default under the First Lien by Homebuyer. Such remedies under the First Lien include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure. 6.2 Request for Notice of Default. City may cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage requesting a statutory notice of default as set forth in California Civil Code Section 2924b. A form of a Request for Notice is attached hereto as Exhibit I and incorporated herein. 6.3 Further Encumbrances. Homebuyer agrees that it shall not record or cause the recordation of any deed of trust ("Further Encumbrance") securing a note having an original principal sum which, when added to the sum of the principal amount(s) of any notes secured by any deeds of trust against the Property as of the date of recordation of the Further Encumbrance, exceeds one hundred percent (100%) of the fair market value of the Property. 7. USES. Homebuyer covenants and agrees to devote, use and maintain the Property in accordance with this Agreement. All uses conducted on the Property, including, without limitation, all activities undertaken by Homebuyer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code, and the recorded documents pertaining to and running with the Property. 8. NONDISCRIMINATION COVENANTS. Homebuyer covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and Page 36 Exhibit B 55394.O'J01'44 rJ-44 Z City Council 19 — 50 5/6/2025 CITY COUNCIL DRAFT paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. All deeds, leases or contracts relating to the Property, or any part thereof, shall contain or be subject to substantially the following non-discrimination or non -segregation clauses: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." The covenants established in this Section 8 shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and shall remain in effect in perpetuity. 9. MAINTENANCE OF PROPERTY. Homebuyer shall maintain the improvements and landscaping on the Property in a manner consistent with community standards which will uphold the value of the Property, in accordance with the Santa Ana Municipal Code. Homebuyer also agrees to comply with all applicable federal, state and local laws. 9.1 Exterior Maintenance. Except as to be maintained by the homeowners association, as applicable, all exterior, painted surfaces of any structures located on the Property shall be maintained at all times in a clean and good condition. Any defacing marks shall be cleaned or removed within a reasonable period of time. 9.2 Front and Side Exteriors. Except as to be maintained by the homeowners association, as applicable, Homebuyer shall at all times maintain the front exterior, any visible side exteriors, and yards, if any, in a clean, safe and presentable manner. 9.3 Graffiti Removal. All graffiti and defacement of any type, including but not limited to marks, words and pictures, shall be promptly removed from the Property within two (2) days of the time they were made and any necessary painting or repair completed in a timely and expeditious manner after notice thereof, whichever is less. Page 37 Exhibit B 55394,91 J 01' 4 4 rJ City Council 19 — 51 5/6/2025 CITY COUNCIL DRAFT 9.4 No Nuisance. Homebuyer shall not maintain, cause to be maintained, or allow to be maintained on or about the Property any public or private nuisance, including without limitation, the conduct of criminal activities set forth in the nuisance abatement provisions of the Uniform Controlled Substances Act (Health & Safety Code Sections 11570, et seq.) or the Street Terrorism Enforcement and Prevention Act (Penal Code Sections 186.22 et seq.), or any successor statute or law. 10. OCCUPANCY STANDARDS. The Property shall be used as the principal personal residence of Homebuyer and Homebuyer's immediate family/household and for no other purpose. Homebuyer shall not enter into an agreement for the rental or lease of all or any part of the Property. Homebuyer shall not rent out a room or rooms at the Property. Homebuyer may request a temporary waiver of the foregoing requirement in the event of extreme hardship requiring Homebuyer to move to another geographical area or to less expensive housing, including, for example and without limitation, transfer of job location, loss of job, or unexpected major expenses. City may approve or disapprove such request in its sole discretion, and may require as a condition of approval that Homebuyer only rent the Property to Eligible Households at an affordable rent (as defined in Section 50052.5 and 50053 of the California Health & Safety Code.) Subject to applicable state or federal law, the standard occupancy for the Property shall be consistent with the Regulatory Agreement. Homebuyer shall, upon demand by City, submit to City an affidavit of occupancy verifying Homebuyer's compliance with this Section 10. Such affidavit may be required by City on an annual basis. 11. EFFECT OF VIOLATION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. 11.1 In General. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Agreement shall remain in effect for the periods of time specified herein. The covenants against discrimination shall remain in effect in perpetuity. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. This Agreement and the covenants herein shall run in favor of City, without regard to whether City has been, remains or is an owner of any land or interest therein in the Property or in the Project Area. City shall have the right, if the Restriction or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 11.2 Acceleration. The City shall be entitled to accelerate payments due under the City Promissory Note, and the amount required thereunder shall become due and immediately payable to City by Homebuyer upon the occurrence of any one of the following events of acceleration: Page 38 Exhibit B 55394.O'J01'44 rJ City Council 19 — 52 5/6/2025 CITY COUNCIL DRAFT 11.2.1 During the Affordability Term, Homebuyer Transfers the Property for a price in excess of an Affordable Sales Price or to a Transferee who does not qualify as a Moderate Income Household; 11.2.2 Homebuyer makes a Prohibited Transfer of title to or any interest in the Property without City's consent or in violation of this Agreement; 11.2.3 Homebuyer refinances any lien or encumbrance to which City Deed of Trust is subordinate (each such lien, a "First Lien") for a loan amount in excess of the then current loan balance secured by such lien or encumbrance and loan closing costs; 11.2.4 Homebuyer fails to occupy the Property as Homebuyer's principal residence or is in Default of any other obligation under the Affordable Housing Resale Restrictions; 11.2.5 Homebuyer has an Ownership Default violating any affordable housing terms or provisions of this Agreement. 12. COMPLIANCE WITH LAWS; GOVERNING LAW. Homebuyer hereby agrees to comply with all applicable ordinances, rules, and regulations of City. Nothing herein is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this declaration must be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District. 13. INDEMNIFICATION. Homebuyer shall pay for, defend, indemnify and hold harmless City and the City and their respective officers, officials, agents, employees, representatives, and volunteers from and against any loss, liability, claim, or judgment relating in any manner to Homebuyer's use of the Property or Homebuyer's violation of this Agreement. Homebuyer shall remain fully obligated for the payment of taxes, liens and assessments related to the Property. There shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to City to make such payments, by virtue of this Agreement. 14. INSURANCE. Homebuyer shall maintain, during the term of this Agreement, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall contain a statement of obligation on behalf of the carrier to notify the City of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Homebuyer shall transmit a copy of the certificate of insurance to City within thirty (30) days of the effective Date of this Agreement, and Homebuyer shall annually transmit to City a copy of the certificate of insurance, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance shall be transmitted to City at the Page 39 Exhibit B 55394.9r J 01' 44 rJ _44 4 City Council 19 — 53 5/6/2025 CITY COUNCIL DRAFT address set forth in Section 22 hereof. The form, content and issuer of any certificate of insurance approved by City. 15. DEFAULTS. Failure or delay by either party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other party constitutes a default under this Agreement; provided, however, that if such default is of the nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 16. NON -WAIVER. Failure to exercise any right City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 17. FURTHER ASSURANCES. Homebuyer shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement. 18. GOVERNING LAW. Homebuyer hereby agrees to comply with all ordinances, rules and regulations of City. Nothing in this Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court where the City is located. 19. AMENDMENT OF RESTRICTION. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Homebuyer and City. 20. CITY MAY ASSIGN. City may, at its option, assign its rights hereunder without obtaining the consent of Homebuyer. 21. HOMEBUYER ASSIGNMENT PROHIBITED. Page 40 Exhibit B 55394.O'J01'44 rJ-44 Z City Council 19 — 54 5/6/2025 CITY COUNCIL DRAFT In no event shall Homebuyer assign or transfer any portion of this Agreement without the prior express written consent of City, which consent shall be given by City only in the event that City determines that the assignee or transferee is an Eligible Household, that the assignee's or transferee's monthly housing payments are at an Affordable Housing Cost, and that the assignee or transferee has expressly assumed this Agreement by execution of a written assignment document to be provided by City and recorded against the Property, or execution of new instruments by the transferee. This section shall not affect or diminish City's right to assign all or any portion of its rights hereunder. 22. NOTICES. Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, registered or certified mail, return receipt requested to the following address: To Homebuyer: At the property address. To City: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: City Clerk Either party may change its address for notice by giving written notice thereof to the other party. 23. ATTORNEYS' FEES AND COSTS. In the event that any action is instituted to enforce payment or performance under this Agreement, the parties agree the non -prevailing party shall be responsible for and shall pay all costs and all attorneys' fees incurred by such prevailing party in enforcing this Agreement. 24. ENTIRE AGREEMENT. This Agreement, together with the City Promissory Note and City Deed of Trust, and all attachments thereto and hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between the City and Homebuyer concerning all or any part of the subject matter of this Agreement. [Signature block begins on follow page.] Page 41 Exhibit B 55394.9r J 01' 4 4 rJ City Council 19 — 55 5/6/2025 CITY COUNCIL DRAFT IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. CITY: ATTEST: HOMEBUYER: CITY OF SANTA ANA By: By: City Clerk City Manager Dated: Dated: Page 42 Exhibit B 55394,91 J 01' 4 4 rJ City Council 19 — 56 5/6/2025 CITY COUNCIL DRAFT EXHIBIT 1 OF THE AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING, AND REGULATORY AGREEMENT LEGAL DESCRIPTION Page 43 Exhibit 1 of the Affordable Housing Resale Restrictions, et al. 55394.9r J 01' 44 rJ 44 z City Council 19 — 57 5/6/2025 CITY COUNCIL DRAFT VYAIRTT f FORM OF CITY PROMISSORY NOTE City Equity Share [DATE] Santa Ana, CA 1. FUNDAMENTAL PROVISIONS. The following terms will be used as defined terms in this City Promissory Note (as it may be amended, modified, extended and renewed from time to time, this "Note"): Lender/Payee: City of Santa Ana, a California municipal corporation. Borrower/Maker: [HOMEBUYER] Principal Amount: City Equity Share, as defined in the Affordable Housing Resale Restrictions Interest Rate: None. Default Interest Rate: Eight percent per annum. Maturity Date: The date of a Transfer of the Property after expiration of the Affordability Term. Business Day: Any day of the year other than Saturdays, Sundays and legal holidays on which City's main office is closed. Property: [ADDRESS] Deed of Trust: The City Deed of Trust executed by Borrower, as "Trustor", for the benefit of City, as "Beneficiary," concurrently with this Note, and recorded against the Property. Affordable Housing Resale Restrictions: The Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement, dated on or about [DATE],. Loan: The agreement by Borrower to pay the Principal Amount to City, in accordance with the Affordable Housing Resale Restrictions and this Note. City Documents: This Note, the Affordable Housing Resale Restrictions, the City Deed of Trust Page 44 Exhibit C 55394.9r J 01' 4 4 rJ City Council 19 — 58 5/6/2025 CITY COUNCIL DRAFT 2. PROMISE TO PAY. For value received, Borrower promises to pay to the City, at its office at 20 Civic Center Plaza (M-30), Santa Ana, CA 92702, or at such other place as the Lender hereof may from time to time designate in writing, the Principal Amount together with interest thereon, and all other sums due under and secured by the Deed of Trust. 3. SECURITY. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Maker contained therein and in the Affordable Housing Resale Restrictions 4. PAYMENTS. The City Equity Share is due upon a Transfer of the Property after expiration of the Affordability Term, or upon an event of Default. In the event any City Equity Share become due and payable hereunder or pursuant to the Affordable Housing Resale Restrictions, the City Equity Share shall be immediately due and payable hereunder. Failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future. Maker will pay to City all sums owing under this Note without deduction, offset, or counterclaim of any kind. 5. DEFAULT RATE OF INTEREST. If City Equity Share payable to City pursuant to the Affordable Housing Resale Restrictions and this Note are not paid to City within ten (10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of eight percent (8%) interest per annum, compounded annually, or the maximum rate permitted by law. 6. PREPAYMENT. This Note may not be prepaid in whole or in part. 7. TRANSFER. Maker shall not transfer, lease, sell, assign, refinance, encumber, convey or otherwise Transfer any interest in the Property without complying with all requirements of the Affordable Housing Resale Restrictions. Maker's failure to comply with the requirements of this paragraph shall be a Default under this Note. DEFAULT. The occurrence of any one or more of the following shall constitute an event of default ("Default") hereunder. 8.1 The occurrence of a breach of any of Maker's covenants, warranties, or representations under this Note, the City Deed of Trust, or the Affordable Housing Resale Restrictions, including without limitation, any unauthorized refinancing, sale, conveyance, lease, assignment, encumbrance, or other Transfer of the Property, Maker's failure to occupy the Property as Maker's principal residence, any failure to pay amounts payable pursuant to this Note, and Maker's failure to maintain insurance on the Property as required pursuant to the City Deed of Trust. 8.2 The entry of an order for relief under federal bankruptcy laws as to Maker or the adjudication of Maker as insolvent or bankrupt pursuant to the provisions of any state or federal Page 45 Exhibit C 55394.O"01'44;�J-44 z City Council 19 — 59 5/6/2025 CITY COUNCIL DRAFT insolvency or bankruptcy act, or Maker's consent to, acquiescence in, or attempt to secure the appointment of, any receiver for all or any substantial part of the Property. 8.3 The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan. 9. Remedies. Upon the occurrence of a Default, the giving of any required notice thereof, and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies: 9.1 Declare all of the sums payable under this Note to be immediately due and payable without further demand. 9.2 Pursue the exercise of the power of sale provided under the City Deed of Trust. 9.3 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach, and notwithstanding the continuance in possession of the Property, the City shall be entitled to exercise every remedy provided by the City Documents or by law, upon the occurrence of any uncured breach. 9.4 Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants set forth in the City Documents. 9.5 Exercise its option to purchase the Property pursuant to the Affordable Housing Resale Restrictions. 9.6 Exercise all other rights and remedies provided herein or in any other City Document. 9.7 Exercise any other remedy provided by law or in equity. The rights and remedies of the City hereunder are cumulative, and the City's exercise or failure to exercise one or more of such rights or remedies shall not preclude City's exercise, at the same time or different times, of any other right or remedy for the same Default or any other Default. Page 46 Exhibit C 55394.9r J 01' 4 4 rJ City Council 19 — 60 5/6/2025 CITY COUNCIL DRAFT 10. Maker's Personal Liability. Maker will be fully and personally liable for all loss, cost, liability, damage, and expense (including without limitation attorneys' fees) suffered or incurred by City arising from any of the following: 10.1 Failure to pay taxes, assessments, and any other charges that could result in liens against any portion of the Property or any other Security. 10.2 Failure to pay and discharge any mechanics' liens, materialmen's liens, or other unpermitted liens against any portion of the Property or any other Security. 10.3 Maker's fraud or intentional misrepresentation with respect to any representations, warranties, or certifications made in the City Documents or in connection with Maker's application to participate in the City's affordable housing program. 10.4 Maker's retention of any rental income or other income arising with respect to any portion of the Property or any other Security subsequent to the date of City's delivery of any notice of a Default, or which, under the terms of the City Documents, should otherwise have been paid to City. 10.5 Maker's retention or use of insurance proceeds, condemnation awards, or other similar funds or payments attributable to the Property or any other Security that pursuant to the City Documents should have been paid to City or used for another purpose. 10.6 Waste of the Property, or any other failure to maintain, repair, or restore any portion of the Property or any other Security in accordance with the requirements of the City Documents. 10.7 The removal, demolition, damage or destruction of any portion of the Property or any other Security that is neither consented to in writing by City nor fully compensated for by insurance proceeds or condemnation awards. 10.8 The failure of the City Documents to constitute a lien or security interest, as applicable, on the Property or any other Security, subject only to those exceptions, if any, permitted by the City Documents or otherwise approved in writing by City. 10.9 Nothing in this paragraph will affect or limit the rights of City to enforce any of City's rights or remedies with respect to any portion of the Property or any other Security. 11. Maker's Waivers. Maker hereby expressly waives diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and Page 47 Exhibit C 55394.O'J01'44 rJ-44 Z City Council 19 — 61 5/6/2025 CITY COUNCIL DRAFT expressly waives the right to plead any and all statutes of limitation as a defense to any demand on this Note. 12. Notices. All notices, requests, demands, reports or other communications regarding this Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section: To Maker: At the Property address. To City: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Attn: City Clerk 13. Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof. 14. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Maker and Maker's heirs, successors and assigns; provided however, Maker may not assign this Note without City's prior written consent except as may be permitted in accordance with the City Deed of Trust and the Affordable Housing Resale Restrictions. City may assign its rights to receive the proceeds under this Note to any person or entity without the consent of Maker, and upon notice to Maker of such assignment, all payments shall be made to the assignee. 15. No Joint Venture. The relationship of Maker and City under this Note is solely that of a participant and administrator of an affordable housing program, and in no manner are the City and the Maker partners or joint ventures, nor do any of the City Documents establish a principal and agent relationship between City and Maker. 16. Attorneys' Fees and Costs. If any legal action is filed to interpret or enforce this Note, the prevailing party shall be entitled to an award of its reasonable attorneys' fees, costs and expenses incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys' fees) that City may incur in connection with enforcement of this Note and collection of sums payable hereunder whether or not suit is filed. 17. No Third -Party Beneficiaries. This Note shall not benefit or be enforceable by any person or entity except the City and the Maker and their respective successors and assigns. Page 48 Exhibit C 55394.O'J01'44 rJ City Council 19 — 62 5/6/2025 CITY COUNCIL DRAFT 18. Entire Agreement; Amendments. This Note, together with the Affordable Housing Resale Restrictions and the City Deed of Trust, sets forth the entire understanding between Maker and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Note and City Deed of Trust whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, this Note and the City Deed of Trust. This Note may be modified or amended only by a written instrument duly executed by City and Maker. 19. No City Waiver. Any waiver of any term or provision of this Note must be in writing. No waiver of any breach, default or failure of condition under this Note or any other City Document shall be implied from City's failure or delay in declaring a default or exercising any of City's rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure, nor shall acceptance by City of any payment hereunder constitute a waiver of City's right to require prompt payment of any remaining amounts owed. Without limiting the generality of the foregoing, City's failure or delay in declaring any amount due hereunder shall not constitute a waiver of City's right to declare such sum due for the same or any subsequent event that triggers Maker's payment obligations hereunder. 20. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Note shall not be affected or impaired thereby. 21. Controlling Law and Venue. The terms of this Note shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Note was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising hereunder. 22. Captions. All captions and headings in this Note are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of the provisions of this Note. 23. Joint and Several. The obligations of each signatory to this Note shall be joint and several. 24. Time of the Essence. Time is of the essence with regard to all matters contained in this Note. MAKER and HOMEBUYER: 10 Exhibit C Page 49 55394.9r J 01' 4 4 rJ City Council 19 — 63 5/6/2025 CITY COUNCIL DRAFT EXHIBIT D FORM OF CITY DEED OF TRUST CITY DEED OF TRUST RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code 6103 & 27383 CITY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT THIS PERFORMANCE DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT ("Deed of Trust") is made as of , 20 , by and (collectively, "Trustor") as Trustor, to the City of Santa Ana, as Trustee and Beneficiary (hereafter, "Trustee", `Beneficiary," or "City"). The Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of City, with power of sale and right of entry and possession, all of Trustor's right, title and interest now held or hereafter acquired in and to the property located in the City of Santa Ana, Orange County, State of California, described in the attached Exhibit 1 and more commonly known as: (APN: ) (the "Property"); TOGETHER with the rents, issues, and profits of such Property, subject however, to the right, power, and authority granted and conferred on City in this Deed of Trust to collect and apply the rents, issues, and profits; and TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights of way, and appurtenances thereto, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust; All of the foregoing, together with the Property, is herein collectively referred to as the "Security." TO HAVE AND TO HOLD the Security, together with acquittances, to the Trustee, its successors and assigns forever; Page 50 Exhibit D 55394.O"OW4;�J-44 z City Council 19 — 64 5/6/2025 CITY COUNCIL DRAFT TO SECURE to the City the payment of the sums, and the performance of the covenants and agreements of the Trustor evidenced by (i) that certain Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement executed by and between Trustor and City, dated as of the date hereof and recorded substantially concurrently herewith (the "Affordable Housing Resale Restrictions"), and (ii) that certain City Promissory Note (the "Note") dated as of the date hereof and executed by Trustor for the benefit of City, pursuant to which Trustor is obligated to pay to City a City Equity Share, and all extensions, modifications, or renewals of the Note and the Affordable Housing Resale Restrictions. The Note and the Affordable Housing Resale Restrictions are incorporated herein by this reference; and TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor herein contained. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Trustor's Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1) that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by (the "First Mortgage Lender") to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of [Dollars] ($ )(the "First Mortgage Note"), and (2) the Affordable Housing Resale Restrictions. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City's interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term "First Mortgage Lender" shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note. 2. Note and Affordable Housing Resale Restrictions. Trustor will promptly pay when due all sums payable pursuant to the Note and shall perform all of Trustor's covenants and obligations under the Note, the Affordable Housing Resale Restrictions, and this Deed of Trust. 3. Charges and Liens. Trustor will promptly pay when due, the interest, principal, and all other charges accruing under any deed of trust, mortgage, or other instrument encumbering the Property, and will pay when due directly to the payee thereof all taxes, assessments and other charges, fines and impositions affecting the Property. Upon request by the City, Trustor will promptly furnish to the City copies of all notices of amounts due described in this Section and evidence of payment of such amounts. Trustor shall pay when due each obligation secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest therein, whether or not such lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust; provided however, Trustor will not be required to discharge the lien of the deed of trust securing the First Mortgage Note (the "First Mortgage Deed of Trust"), and Trustor will not be required to pay any tax, charge, lien or Page 51 Exhibit D 55394.O" 01' 44;�J 44 4 City Council 19 — 65 5/6/2025 CITY COUNCIL DRAFT assessment described in this Section so long as Trustor is actively contesting its validity in good faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such contested claims as may be requested by the City. 4. Protection of Security. If Trustor fails to perform any of the covenants and agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that materially affects City's interest in the Property, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to Trustor, make such appearance, disburse such sums and take such action as is necessary to protect City's interest, including, but not limited to, the purchase of insurance, disbursement of reasonable attorneys' fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this Section shall require City to incur any expense or take any action hereunder. 5. Inspection. The City may make, or cause to be made, reasonable entries upon the Property and inspections of the Security; provided that the City will give Trustor reasonable notice of inspection. 6. Title Insurance. At Trustor's expense, Trustor shall purchase a CLTA lender's policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on the Property, with no delinquent taxes or assessment liens appearing as exceptions to title. 7. Hazard Insurance. Trustor shall keep the Property insured by a standard all-risk property insurance policy with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements, and with endorsements for increases in costs due to changes in code and inflation, with loss payable to City and any superior trust deed holder, as their interests may appear, and any other insurance required by the City. The insurance carrier providing such insurance shall be licensed to do business in the State of California and may be chosen by Trustor, subject to approval by City. All insurance policies and renewals thereof shall be in a form acceptable to the City, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and the City as their interests may appear and in a form acceptable to the City. Trustor shall provide City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Trustor. The policies shall include an endorsement providing that City shall receive thirty (30) days' advance written notice of the cancellation, expiration or Page 52 Exhibit D 55394.9r J 01' 44 rJ _44 4 City Council 19 — 66 5/6/2025 CITY COUNCIL DRAFT termination or any material change in the coverage afforded by any of the insurance policies required under this Section. If the Property is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien. Renewal policies and any replacement policies, together with premium receipts satisfactory to the City, shall be delivered to the City at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the City shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. The application of proceeds pursuant to this Section shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 8. Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be applied to the restoration or repair of the Property (if applicable) or paid to the City. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the City shall determine at its option. The City shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the City may be released to Trustor upon such conditions as the City may impose for its disposition. Application of all or any part of the amounts collected and received by the City or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to respond to City within thirty (30) days after the date such notice is mailed, City or its designated agent is authorized to collect and apply the proceeds, at City's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust 9. Maintenance. Trustor shall maintain the Property and all structures and landscaping thereon in good condition and repair. Trustor agrees to complete installation of landscaping as approved by the City, and to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Trustor shall not remove or demolish any building located on the Property, and agrees to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, and to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property in violation of applicable laws. Trustor will comply with all applicable Page 53 Exhibit D 55394.9r J 01' 44 rJ 44 � City Council 19 — 67 5/6/2025 CITY COUNCIL DRAFT laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and will not suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a notice from City of such a condition, then in addition to any other rights available to City, City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property to recover its cost of cure. 10. Occupancy. Trustor shall occupy the Property as Trustor's primary residence, and the Property shall be used as the primary residence of Trustor and Trustor's household and for no other purpose. The Property shall not be leased or rented by Trustor to any person or entity other than as expressly permitted by the Affordable Housing Resale Restrictions or consented to by City in writing. The City shall have the right to monitor whether the Property is owner -occupied by requesting that Trustor provide City with a written certification under penalty of perjury that the Property is owner -occupied, accompanied by supporting documentation reasonably satisfactory to the City. 11. Transfer. Trustor shall not allow any Further Encumbrance or Transfer of the Property (as such terms are defined in the Affordable Housing Resale Restrictions) any without complying with all requirements of the Affordable Housing Resale Restrictions. 12. Assignment of Rents. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an absolute assignment and not an assignment for security only. Subject to the limitations on lease or rental of the Property as set forth herein and in the Affordable Housing Resale Restrictions, City hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits, as they become due and payable prior to any Default hereunder. Upon the occurrence of any such Default, City may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, to any indebtedness secured hereby, and in such order as City may determine. City's right to the rents, issues, revenue and profits of the Property does not depend upon whether or not City takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, revenue and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of all or part of the Property and/or is collecting and applying rents as permitted under this Deed of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not City, in person or by agent, takes actual possession of the Property, City shall not be deemed to be a "mortgagee in possession," shall not be responsible for performing any obligation of the lessor under any lease, shall not be liable in any manner for the Property, or the use, occupancy, enjoyment Page 54 Exhibit D 55394.9r J 01' 44 rJ _44 4 City Council 19 — 68 5/6/2025 CITY COUNCIL DRAFT or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of City, shall not be responsible for any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property. 13. Default. An event of default ("Default") shall arise hereunder upon the occurrence of any one or more of the following and the expiration of any applicable cure period: a. Trustor fails to occupy the Property as Trustor's principal residence; b. The sale, conveyance, encumbrance, refinance, assignment, or other transfer of the Property including without limitation, the lease or rental of the Property in violation of the Affordable Housing Resale Restrictions; C. An event of default arises under the Note or the Affordable Housing Resale Restrictions, and such default remains uncured following the expiration of any applicable cure period; d. Trustor fails to pay when due any sum payable pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; e. The Property is refinanced or encumbered in violation of the Affordable Housing Resale Restrictions or this Deed of Trust; f. Trustor fails to maintain insurance on the Property as required by the Affordable Housing Resale Restrictions and this Deed of Trust, g. Subject to Trustor's right to contest the following charges, Trustor fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a lien on the Property, and Trustor fails to cure such default within twenty (20) days of date of delinquency, but in all events prior to the time that the holder of such lien has the right to pursue foreclosure thereon; h. Trustor declares bankruptcy or makes an assignment of assets for the benefit of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy, or Trustor consents to, acquiesces in, or attempts to secure the appointment of, any receiver for all or any substantial part of the Property; i. The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan. j. Trustor fails to observe or perform any other covenant, condition, or agreement to be observed or performed by Trustor pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust. Page 55 Exhibit D 55394.9r J 01' 4 4 rJ City Council 19 — 69 5/6/2025 CITY COUNCIL DRAFT 14. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies: a. Declare all of the sums payable under the Note to be immediately due and payable without further demand. b. Pursue the exercise of the power of sale provided under this Deed of Trust. C. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, enter upon, take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right and remedy provided under the Note, this Deed of Trust, or the Affordable Housing Resale Restrictions, or by law upon occurrence of any uncured breach. d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. e. Exercise any option to purchase the Property, as authorized pursuant to the Affordable Housing Resale Restrictions. f. Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby. g. Exercise any other remedy provided by law or in equity. 15. Acceleration and Sale. a. Notice of Default. Upon Trustor's breach of any covenant or agreement of Trustor under the Note, the Affordable Housing Resale Restrictions or this Deed of Trust, City shall mail notice to Trustor as provided in Section 24 hereof specifying: (i) the nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from the date the notice is mailed to Trustor by which such breach must be cured or such shorter cure period as may be provided in the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; and (iv) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the Loan and the sale of the Property. The notice shall further inform Trustor of Trustor's right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, City at City's option declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and/or pursue any other remedy provided herein or available under law. Page 56 Exhibit D 55394.9r J 01' 4 4 rJ -44 z City Council 19 — 70 5/6/2025 CITY COUNCIL DRAFT City shall be entitled to collect from the Trustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable attorneys' fees. If a non -monetary default is not reasonably capable of being cured within thirty (30) days, the City, in its sole and absolute discretion, may grant the Trustor or the First Mortgage Lender such additional time as is reasonably necessary to cure the default provided that the Trustor or the First Mortgage Lender (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible. Notwithstanding the cure periods established in this Section, in no event shall the City be precluded from sooner exercising any remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after the first notice of default or delinquency is given. b. Trustor's Right to Reinstate. Notwithstanding City's acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if. (a) Trustor pays City all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, including, but not limited to, reasonable attorneys' fees; Trustor cures all breaches of any other covenants or agreements of Trustor set forth in the Affordable Housing Resale Restrictions and this Deed of Trust; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Property and Trustor's obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred. C. Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Trustor, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Trustor, Trustee or the City, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee, Trustee shall apply the proceeds of sale to the payment of the indebtedness hereby secured, including without limitation the indebtedness evidenced by the Note, any advances made or costs or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any other instrument hereby Page 57 Exhibit D 55394.9r J 01' 44 rJ _44 4 City Council 19 — 71 5/6/2025 CITY COUNCIL DRAFT secured, and all other sums then secured hereby, including without limitation, interest as provided in the Note and the Affordable Housing Resale Restrictions, in such order as the City shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto. 16. Remedies Cumulative; No Waiver. No exercise of any right or remedy by the City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued or subsequent default hereunder. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. No sale of the Property, forbearance on the part of City, or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Trustor either in whole or in part. 17. Indemnity. Trustor agrees to defend, indemnify, and hold the Santa Ana, and its elected and appointed officers, officials, employees, and agents harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys' fees that they may incur as a direct or indirect consequence of. (i) Trustor's failure to perform any obligations as and when required by the Note, the Affordable Housing Resale Restrictions, or this Deed of Trust; or (ii) the failure at any time of any of Trustor's representations or warranties herein or in the Affordable Housing Resale Restrictions or the Note to be true and correct. 18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers, alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily or by operation of law, in part or in full, in violation of the Affordable Housing Resale Restrictions, the City may, at its option, require immediate payment in full of all sums due under the Note. 19. Reconveyance. Upon payment of all sums and satisfaction of all obligations secured by this Deed of Trust, including without limitation, payment of the City Equity Share as defined in the Affordable Housing Resale Restrictions, and upon the expiration or termination of the Affordable Housing Resale Restrictions, the City will provide a written request to the Trustee to reconvey the Security and will surrender this Deed of Trust and the Note to Trustee. The Trustee shall reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. 20. Trustee Substitution. The City, at its option and without prior notice, may from time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written instrument executed by City and duly acknowledged and recorded in the Official Records of Orange. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title, estate, power and duties conferred upon the Trustee herein and by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee. Page 58 Exhibit D 55394.O"01'44;�J-44 4 City Council 19 — 72 5/6/2025 CITY COUNCIL DRAFT 21. City's Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) City may in its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof, and (b) Trustee, acting pursuant to the written request of the City, may reconvey all or any part of the Property, consent to the making of any map or plot of the Land, join in granting any easement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof. 22. Subordination. Absent the prior written consent of City, this Deed of Trust shall not be subordinated to any other deed of trust or encumbrance on the Property, except a First Lien, as allowed by the Affordable Housing Resale Restrictions. 23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale. 24. Notices. All notices, requests, demands, reports or other communications regarding this Deed of Trust shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section: To Trustor: At the Property address. To City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof. 25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor's heirs, legatees, devisees, administrators, executors, successors and assigns. 26. Attorneys' Fees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys' fees, costs and expenses incurred therein. Page 59 Exhibit D 55394.O'J01'44 rJ City Council 19 — 73 5/6/2025 CITY COUNCIL DRAFT 27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law. No failure or delay by City at any time to require strict performance of any provision of this Deed of Trust or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 28. No Third -Party Beneficiaries. This Deed of Trust shall not benefit or be enforceable by any person or entity except the City, the Trustee, and the Trustor and their respective successors and assigns. 29. Entire Agreement. This Deed of Trust, together with the Affordable Housing Resale Restrictions and the Note, sets forth the entire understanding between Trustor and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Deed of Trust and Note whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, the Note and this Deed of Trust. 30. Amendments. This Deed of Trust shall not be amended except by a written instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of Orange. 31. Severability. If any provision of this Deed of Trust shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired thereby. 32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Deed of Trust was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising out of this Deed of Trust. 33. Captions and Gender. All captions and headings in this Deed of Trust are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof. Whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be joint and several. 35. Time of the Essence. Time is of the essence with regard to all matters contained in this Deed of Trust. Page 60 Exhibit D 55394.W01'44;�J City Council 19 — 74 5/6/2025 CITY COUNCIL DRAFT [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above. TRUSTOR: By: Print Name: By: Print Name: (Signatures must be acknowledged by notary) Page 6 Exhibit D 55394.9r J 01' 4 4 rJ City Council 19 — 75 5/6/2025 CITY COUNCIL DRAFT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange} ss. On , 20, before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal Signature of Notary Public Page 62 Exhibit D 55394.9r J 01' 4 4 rJ City Council 19 — 76 5/6/2025 CITY COUNCIL DRAFT EXHIBIT 1 OF DEED OF TRUST LEGAL DESCRIPTION Page 63 Exhibit 1 of Deed of Trust (Legal Description) 55394.O'J01'44 rJ44 � City Council 19 — 77 5/6/2025 Affordable Unit Address: Head of Household (Print Name): Current Address (if different from above): Telephone Number: Home: Email address: Date of Birth: EXHIBIT F. INCOME VERIFICATION FORM Work: Social Security # or TIN: Household Composition List All Household Members Living in the Affordable Unit Cell: Dependent Social Security # Name Sex Age (Y/N) or Taxpayer ID # List additional household members on a separate sheet of paper. Page 64 Exhibit F 55394.00101\437Cfty.Councl1 19 — 78 5/6/2025 INCOME VERIFICATION FORM Monthly Gross Income List All Sources of Income of All Household Members Living in the Affordable Unit Part 1: Earned Income Other Head of Household Household Members Total 1. Gross wages, before payroll deductions and $ $ $ including overtime pay, commissions, fees, tips and bonuses. 2. Net income from self employment, independent $ $ $ contractor work or a business. 3. Social security and any payments from annuities, $ $ $ insurance policies, pension/retirement funds, disability or death benefits received periodically. 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay. 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces 8. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income INCOME VERIFICATION FORM Monthly Gross Income Page 65 55394.00101\437Cfty.Councl1 19 — 79 5/6/2025 List All Sources of Income of All Household Members Living in the Affordable Unit Part 2: Investment Income Head of Household Other Adult Household Members Total Household Investment Income 1. Interest paid on Bank and Savings accounts $ $ $ 2. Dividends and other payments from stocks and bonds $ $ $ 3. Income from real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Page 66 Exhibit F 55394.00101\437Cfty.Councl1 19 — 80 5/6/2025 INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Affordable Unit If the Asset generates income, that income must be specified In Part 2 above Head of Household Other Adult Household Members Total Value of Value Value Assets 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Total Asset Value $ **Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Page 67 Exhibit F 55394.00101\437Cfty.Councl1 19 — 81 5/6/2025 INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 10% $ The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $ Calculation of the Household's Total Annual Income Total Annual Household Gross Earned Income 1 $ Total Investment Income to be Included in Annual Household Income 1 $ Total Household Income 1 $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent pay periods Employment verification Three years Income tax returns for Title Holders Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Page 68 Exhibit F 55394.00101\437Cfty.Councl1 19 — 82 5/6/2025 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by and the City of Santa Ana to determine maximum income for eligibility to purchase the Affordable Unit listed above. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase contract and sell the Affordable Unit to another party. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Affordable Unit located at ,Santa Ana, California. Signature Printed Name Executed at Signature Printed Name Date Santa Ana, California Date Executed at , Santa Ana, California Page 69 Exhibit E 55394. WQJ'QW,�464 City Council 19 — 83 5/6/2025 FXHTRIT F CERTIFICATION OF CONTINUED OCCUPANCY Date: Owner(s) Name: Address: Santa Ana, CA We are the Owners of an Inclusionary Unit that was produced under the requirements of the City of Santa Ana Inclusionary Housing Ordinance. We understand and agree that the Inclusionary Unit must be used as our Primary Residence and for no other purpose. By this Certification, we declare under penalty of perjury that: 1. We currently occupy the Inclusionary Unit; and 2. We have occupied the Inclusionary Unit for at least ten (10) out of the past twelve (12) months; and 3. We have not used the Inclusionary Unit for any other purpose than as our Primary Residence; and 4. We are not renting or leasing any part of the Inclusionary Unit to another party. We have attached true and accurate copies of two utility bills or other documentation evidencing our continued occupancy of the Inclusionary Unit. We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 100.1, et seq. Signed: Signed: Exhibit F Page 70 55394- W QJ' QW, �4644 City Council 19 — 84 5/6/2025 EXHIBIT G FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code 6103 & 27383 NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY This Notice of Affordability Restrictions on Transfer of Property (or "Notice of Affordability Restrictions") is executed and recorded pursuant to the Density Bonus Housing Agreement With Declaration of Covenants, Conditions, and Restrictions (the "Density Bonus Agreement"), recorded on or about , 202_, in the Official Records of Orange County, against that certain real property generally located at (APN: in the City of Santa Ana, California ("City") as legally described in Exhibit 1 hereto ("Property"). The City of Santa Ana, a municipal corporation ("City"), and (collectively "Homebuyer") have entered into that certain Affordable Housing Resale Restrictions, Equity Sharing, and Regulatory Agreement, dated concurrently herewith ("Affordable Housing Resale Restrictions"). 1. The Affordable Housing Resale Restrictions provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Affordable Housing Resale Restrictions. A copy of the Affordable Housing Resale Restrictions is on file with City as a public record and is deemed incorporated herein. Reference is made to the Affordable Housing Resale Restrictions with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Property. 2. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property. Page 71 Exhibit G 55394.9i" OW 4;- J c<- z City Council 19 — 85 5/6/2025 2. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property. (A) For a period commencing upon the date on which the Property receives a Certificate of Occupancy, which occurred on [DATE], and terminating on the date that is ten (10) years later (the "Affordability Term"), the Property may only be transferred to another eligible, qualified Moderate Income Household, at an Affordable Sales Price; such restrictions are set forth at greater length in the Density Bonus Agreement and the Affordable Housing Resale Restrictions. (B) Upon expiration of the Affordability Term, the City is entitled to an amount of the proceeds from any Transfer that is equal to the City Equity Share, which is secured by the City Deed of Trust. The City Equity Share is based on the following: (i) an amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"), plus (ii) an amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation"). The City Deed of Trust will not be released as an interest in the Property or otherwise reconveyed unless and until the City is paid the City Equity Share in accordance with the Affordable Housing Resale Restrictions. 3. Prior to a transfer of the Property, Homebuyer must comply with requirements of the Affordable Housing Resale Restrictions, including but not limited to the following requirements of Section 5: a. Notice to City. Homebuyer shall send the Notice of Intent to Transfer to City pursuant to Section of the Affordable Housing Resale Restrictions. b. Qualification of Proposed Transferee. During the Affordability Term, the proposed Transferee shall provide City with sufficient information in the form provided by City including without limitation, a certification as to the income and family size of the proposed Transferee, for City to determine if the proposed Transferee is a Moderate Income Household, and the proposed Affordable Sales Price. C. Certificates from Parties. During the Affordability Term, Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the Page 72 Exhibit G 55394.O"01'44;�J-44 z City Council 19 — 86 5/6/2025 parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee. d. Written Consent of City Required Before Transfer. During the Affordability Term, the purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of the Affordable Housing Resale Restrictions. e. Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by the Affordable Housing Resale Restrictions, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. f. Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all required certificates, and any other documents City may request." 8. The Affordable Housing Resale Restrictions and the Density Bonus agreement both remain in full force and effect and are not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions. 10. Capitalized terms shall have the meaning established under the Density Bonus Agreement or the Affordable Housing Resale Restrictions (including all Attachments or Exhibits thereto) excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions. 11. Persons having questions regarding this Notice of Affordability Restrictions, the Affordable Housing Resale Restrictions or the Density Bonus Agreement should contact City to obtain copies. HOMEBUYER: By: By: Exhibit G Page 73 55394.9r J 01' 4 4 rJ City Council 19 — 87 5/6/2025 (Signatures must be acknowledged by notary) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange} ss. On , 20, before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal Signature of Notary Public Page 74 Exhibit G 55394.9r J 01' 4 4 rJ City Council 19 — 88 5/6/2025 EXHIBIT 1 TO NOTICE OF AFFORDABILITY RESTRICTIONS LEGAL DESCRIPTION Page 75 Exhibit 1 to Notice of Affordability Restrictions (Legal Description) 55394 0WJ 01' ;- J -44 4 City Council 19 — 89 5/6/2025 Exhibit H FORM OF REQUEST FOR NOTICE OF DEFAULT RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code 6103 & 27383 REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924B In accordance with California Civil Code Section 2924b request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deeds of Trust recorded as Instrument Nos. , and on in the Official Records of County of Orange, California, and describing land therein as: [See Exhibit 1 attached hereto] executed by , as Trustor/Borrower, in which the City of Santa Ana is named as Beneficiary and Trustee, be mailed to: City of Santa Ana, 20 Civic Center Plaza (M-30) P.O. Box 1988, Santa Ana, CA 92702, Attention: City Clerk. [Signature on next page] Page 76 Exhibit H 553N.OW OW 4;- J c< City Council 19 — 90 5/6/2025 ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: By: [NAME] City Attorney CITY OF SANTA ANA Alvaro Nunez City Manager Exhibit H Page 77 55394.O'J01'44 rJ City Council 19 — 91 5/6/2025 EXHIBIT 1 TO REQUEST FOR DEFAULT LEGAL DESCRIPTION Page 78 City Council 19 — 92 5/6/2025 Exhibit I AFFORDABLE SALES PRICE Income criteria used to determine affordable sales price and affordable housing cost are based on standards imposed by the Ordinance and California Health and Safety Code Sections 50093 and 50052.5. Certain assumptions are used in calculating both the Affordable housing cost and the Affordable Sales Price for the Affordable Units in this Project. Affordable housing costs include reasonable costs associated with owning a housing unit. These include: • Principal and interest payments for the Affordable Unit with a 10% down payment • Private mortgage insurance (if applicable) • Property taxes and assessments • Homeowner's insurance • A reasonable allowance for utilities • A reasonable allowance for unit maintenance; and • Homeowners maintenance association dues (HOA) The maximum Affordable Sales Price for an Affordable Unit is the total sales prices a typical Moderate Income Household (up to 120% of median income), adjusted for the household size appropriate for the unit size, can afford to pay for housing. Accordingly, the Affordable Sales Price for the Affordable Units in this Project will be as set forth below unless the Household income of the Moderate Income Household exceeds 110% of Area Median Income adjusted for household size, in which case the Affordable Sales Price shall be recalculated in accordance with California Health and Safety Code ("HSC") Section 50052.5 and the actual income of the Homebuyer to calculate the Affordable Sales Price for that Homebuyer. Affordable Sales Price shall be recalculated quarterly and upon annual release of AMI for Orange County by HCD, in accordance with HSC Section 50052.5. Further, the calculation of the Affordable Sales Price will be based on actual unrestricted rate price estimates, the percentage of income allocated to housing pursuant to Health and Safety Code § 50052.5, actual homeowner's association dues, utility costs (based on similar projects) and a commercially reasonable interest rate at the time the Homebuyer enters into a Residential Purchase Agreement with Developer, or its successor in interest. In the event that the actual interest rate available for the Supportable Mortgage is less than the interest rate set forth herein, Developer may elect to recalculate Affordable Sales Price based on actual interest rate. The sale price below is based on a target income level established by Health and Safety Code Section 50052.5, not the income of the actual Homebuyer, except in the case of Homebuyers whose income exceeds 110% of area median income. The household size adjustment that is used in determining the income limit for the purpose of setting the maximum Affordable Sales Price is based on the number of bedrooms in the unit, not the size of the specific Homebuyer's household. These criteria are based on the California Health and Safety Code and allow the Affordable Sales Page 79 City Council 19 — 93 5/6/2025 Price to be set in advance of identifying a specific buyer. The Affordable Sales Price for each Affordable Unit is determined by using three -bedroom unit and presumed household size of four and by using four -bedroom unit and presumed household size of five. AFFORDABLE SALES PRICE CALCULATIONS JANUARY 1 - MARCH 31. 2025 AH O C O CALCULATIONS; 2024 INCOME STANDARDS ORANGE CCU NTY, CALIFORNIA IL Moderate In come.120%HCD Median Income- 30%of Income Allotted to Housing Expenses 1-Bdrrn 2-Bdrm 3-Bdrm 4-Bdrm A. Income Benchmark Household Size 2 3 4 5 Household Income $123,840 $139,320 $154,800 $167,160 % of Income Allocated to Housing 30% 30% 30% 30% Income ALlotted to Housing $37,150 $41,800 $46,440 $50,150 5. Ongoing Expenses Utility Allowances $2,592 $3,396 $4,296 $5,260 HOAIInsurancelMaintenance 2,100 2,400 2,700 3,000 Property Taxes @ 1.16% of Affordable Price 4,220 4,681 5,12E 5,445 Total Expenses $8,912 $10,477 $12,124 $13,713 C. Income Available for Mortgage $28,238 $31,323 $34,316 $36,437 D. AffordableHou9ingPrice Supportable Mltg@7.23%Interest s $345,6W $383,300 $420,000 $44.5,900 Home Buyer Down Pymt @ 5%Afford able Price 18,200 20,200 22,100 23,500 Maximum Purchase Price $363,800 $403,500 $442,100 $469,400 Based on the Orange County Housing Authority utilities atlowances effective as of 1011124. Assumes: Electric Cooking; Electric Heating; Electric Water Heater; Basic Electric;AirConditioning; Water; Sewer, and Trash. 2 Based on a 50 basis points premium applied to the Freddie Mac monthly average, between February 2024 and January 2025 for a fixed interest rate mortgage loan with a 30-year amorlUzation period.. Page 80 City Council 19 - 94 5/6/2025 2. VESTING TENTATIVE TRACT MAP (VTTM) NO. 2024-02 AND DENSITY BONUS AGREEMENT (DBA) NO. 2024-02 FOR THE PROPERTY LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD LOCATED WITHIN THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP2) ZONING DISTRICT. Project Applicant: Kim Prijatel (Applicant) representing Clark Beyer of Alminlo Properties, LLC (Property Owner) Proposed Project: Applicant is requesting approval of Vesting Tentative Tract Map (VTTM) No. 2024-02 (County Map No. 19328) and Density Bonus Agreement (DBA) No. 2024-02 to allow the construction of a 45 unit, two to three-story residential townhouse development for the above -mentioned properties. The development will include five units affordable to moderate -income households earning 80-120 percent of the area median income (AMI) and will utilize waivers and a concession from development standards through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code Section 41-1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15195 (Residential Infill Exemption), as this project meets all the thresholds criteria set forth in Section 15192 (Threshold Requirements for Exemptions). A Notice of Exemption, Environmental Review No. 2024-32, will be filled for this project. Recommended Actions: 1. Adopt a resolution approving Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328) as conditioned; and 2. Adopt a resolution approving Density Bonus Agreement No. 2024-02 as conditioned. City Council 19 — 95 5/6/2025 Planning and Building Agency Item # 2 r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report December 9, 2024 Topic: Vesting Tentative Tract Map No. 2024-02 and Density Bonus Agreement No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard) RECOMMENDED ACTIONS 1. Adopt a resolution approving Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328) as conditioned, and 2. Adopt a resolution approving a concession and waivers or reductions in development standards as memorialized in Density Bonus Agreement No. 2024-02 as conditioned. EXECUTIVE SUMMARY Kim Prijatel with City Ventures Homebuilding, LLC, representing property owner Clark Beyer, General Manager of the Alminlo Properties, LLC, is requesting approval of a vesting tentative tract map (VTTM) and a concession and waivers or reductions of development standards (or, "deviation" as referenced in the SAMC) as memorialized in a density bonus agreement (DBA) to allow the construction of a 45 unit, two to three-story residential townhouse development for the property at 510 and 520 North Harbor Boulevard. The development will include five units affordable to moderate -income households earning 80- 120 percent of the area median income (AMI). As proposed, the project will utilize one concession and waivers from development standards through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Staff is recommending approval of the applicant's request due to the project's satisfying the intent of the General Plan and Harbor Mixed Use Transit Corridor Specific Plan (SP-2) to promote a pedestrian -oriented environment, and because the project will provide additional affordable and market -rate ownership housing stock to the community. City Council 19 — 96 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N Harbor Blvd.) December 9, 2024 Page 2 116'�8111111:14lei Z Table 1: Project and Location Information Item Information Project Address and Council Ward 510 & 520 N. Harbor Boulevard — Ward 1 Nearest Intersection Harbor Boulevard and 51" Street General Plan Designation Urban Neighborhood-50 (UN-1.5) Zoning Designation Harbor Mixed -Used Transit Corridor Specific Plan (SP-2) — Corridor CDR subzone Surrounding Land Uses North Commercial auto sale East Commercial auto repair, grocery, retail, restaurant South Residential, Commercial restaurant West Residential mobile homes Property Size 2.5 acres 1.881 acres net after right-of-way easements Existing Site Development Partially undeveloped with —1,400 sq. ft. building Use Permissions Multi -Family Residential (permitted under Harbor Mixed Use Transit Corridor Plan, as part of SB330 request Zoning Code Sections Affected Uses Article XVI.I (Density Bonus); Corridor District within the Harbor Mixed Use Transit Corridor Plan (SP-2); and Chapter 34 (Subdivisions) Background and Context According to permit records and historical aerial photographs, the subject site was utilized for agricultural purposes until its development as a service station in 1964, after which it transitioned to automobile servicing, and later to automobile sales. While the site has been the subject of developer interest for a variety of uses, such as used car sales and parking lots, it is currently vacant. In October 2014, the City Council adopted the Harbor Mixed Use Transit Corridor Specific Plan (SP-2), which replaced the North Harbor Specific Plan and allows for a greater amount of residential, commercial, and mixed -use projects in the Specific Plan area. Following the concepts and goals of the Specific Plan, in March 2024, the City received a proposal to develop the site with the subject development. After several submittals of the project and working with staff to comply with the provisions of the Harbor Plan, and after engaging with surrounding property owners, the applicant revised the plans to the current proposed development. The applicant is proposing a "housing development project," defined by the law at Government Code Section 65589.5(h) as "a use consisting of residential units only, mixed use development consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and transitional housing or supportive housing." As such, the subject development will be subject to the limitations imposed by California Senate Bill 330, the Housing Crisis Act of 2019 or the HCA. More information on the HCA is provided in subsequent sections of this report. City Council 19 — 97 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 3 California Senate Bill 330 California Senate Bill (SB) 330 made numerous changes to existing State law and adopted the Housing Crisis Act of 2019 (HCA). The changes proposed by SB 330 became effective on January 1, 2020, establishing a statewide "housing emergency" until January 1, 2025. One of the provisions of the senate bill amended Government Code Section 65941.1 with the broad goals of facilitating increased production of new residential units, protecting existing units, and providing for an expedited review and approval process for housing development projects through submittal of a "preliminary application." On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. Among other changes, SB 330 requires the following for applicable housing development projects: New, non-objective development standards established after January 1, 2020, cannot be imposed or enforced. Applicable housing development projects must receive a decision in no more than five (5) public hearings - whether the item is being heard by a Design Review Board, Planning Commission or City Council, and including any appeals (save for those related to a legislative action). Prohibits any moratorium, project or action that would result in a net downzoning, limit the number of permits to be issued, or otherwise reduce housing or limit overall population. As a "housing development project," the application is being submitted pursuant SB 330. The development is required to comply with the objective zoning code standards applicable to the property, but only to the extent that they facilitate the development at the density allowed, 50 du/ac per the Urban Neighborhood-50 (UN-50) General Plan land use designation. Project Description The project includes the construction of a new residential development consisting of 45 townhouse units and 11,673 square feet of open space (common and private combined). The development will consist of nine residential buildings ranging from two- to three-story townhouse units and will provide onsite bicycle parking. The units will include private balconies and decks, with some offering ground floor patios. The units have been designed to be family -oriented, featuring thirty-six (36) three -bedroom units and nine (9) four -bedroom units with and 2.5 to 3.5 bathrooms each. Every unit will contain a two -car garage at ground level (tuck -under building design) with residential units above, and the project site City Council 19 — 98 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 4 will contain nine guest parking spaces, for a total of 99 parking spaces, exceeding the requirements of the Specific Plan. However, to proactively address parking management policies, staff is recommending conditions of approval similar to those for other residential infill projects that would incorporate parking management practices in the Covenants, Conditions, and Restrictions (CC&Rs) that will be recorded against the property. Of the total units in the development, five units are proposed to be affordable to households earning 80-120 percent of the AMI, which is currently set at $154,800, adjusted for a four - person household size, as published by California Department of Housing and Community Development (HCD). Four of the affordable units will be three -bedroom units while the last unit will be a four -bedroom unit. The proposed affordable units will range in size between 1,451 to 1,775 square feet in size and will contain full kitchens, bedrooms, bathrooms, and open/common (living) areas. Approximately 7,820 square feet or approximately 10 percent of the total site area will be open space provided through private exterior ground -level porches/front yards and upper decks distributed throughout the site. The remainder of the open space will be provided as a 3,853 square foot common open central courtyard within the site's interior. The design and layout of the proposed common open space would function as a passive outdoor area, providing functional amenities to residents (e.g., picnic tables, BBQ, lounge furniture, etc.). The open space would feature a shade trellis, hardscaping materials, trees, and shrubs. The proposed landscaping includes, but are not limited to, purple orchid, tulip, sweet bay, African sumac, southern magnolia, fern pine, Brisbane box, crape myrtle trees, as well as a variety of shrubs. Lastly, each unit will also contain decks/private balconies for the use of each unit's owners. The project features a contemporary architectural style similar to many multiple -family or mixed -use residential communities under construction in Santa Ana and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing multi -family neighborhood. The contemporary architectural style would include fiber cement lap siding, stucco finish, stone veneer, metal awnings, and high quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.). Each building will be painted with different accent colors to distinguish each structure within the community. Moreover, the residential structures are designed to fully screen all mechanical equipment within the structure, parapet walls, and screened with landscaping. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building's lifetime. As part of the current entitlement, the applicant has submitted a vesting tentative parcel map application to subdivide the project site into a condominium lot with forty-five condominium units, which would allow each unit to be sold for individual ownership. The applicant has prepared the required vesting tentative tract map, which clarifies the proposed subdivision for the proposed condominiums. City Council 19 — 99 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 5 Table 2 below details the project's conformance to the Specific Plan's development standards. Table 2: Development Standards Development Standards SP2 — Harbor Mixed -Use Transit Corridor Standard (Tuck —Under) Required/Allowed Provided Density Range Typically 12-18 Units Per Acre 45 Units (18 Units Per Acre) Lot Depth 75 ft. (Minimum) 346 ft. Lot Width 95-250 ft. 245 ft. Height Stories 2-3 stories 2-3 stories Guest Parking 11 (0.25 per unit) 9 automobiles Common Open Space 15 percent of site (12,290 sq. ft.) 5 percent (3,853 sq. ft.) Private Open Space 90 sq. ft. per unit 3,396 sq. ft. 2,070 sq. ft. total Frontage Types Front Yard/Porch Front Yard/Porch Front: 8 ft. max. Front: 5.5-12 ft. Setbacks Interior Side: 5-ft. min. Interior Side: 5 ft. Rear: 5-ft. min. Rear: 5 ft. Minimum Floor Heights 10 ft. (ground); 9 ft. (upper) 9'-l" ground; 9'-l" upper 68 occupant (1.5 per unit) 11 guest (0.25 per unit) (79 spaces total) 90 occupant Parking Spaces State Density Bonus Ratio* 9 guest 54 for 3 bedroom (1.5 per 3 bed units) (99 total) 23 for 4 bedroom (2.5 per 4 bed units) 77 total inclusive of handicap/guest) * Pursuant to California Government Code Section 65915 Density Bonus The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to five incentives/concessions and an unlimited number of waivers or reductions in development standards. The concessions/incentives are generally reductions in site development standards or modification of zoning code requirements or architectural design requirements, and waivers are essentially variances from development standards (a site or construction condition). The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. City Council 19 — 100 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 6 Pursuant to the California Density Bonus law, a project's affordability level is determined by dividing the number of proposed affordable units by the allowable "base" density (i.e., 50 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. The base density for the 2.5-acre site at 50 du/ac is 125 units. Of the total units in the development, five units are proposed to be affordable. Therefore, the project would have a 10-percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of five -percent (5%). Due to the project's 10-percent affordability rate, the developer can seek one density bonus incentive/concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. For this project, the developer is not requesting a state density bonus for additional units but will avail themselves of the incentive/concession and waivers that are required to be provided by State density bonus law for projects with the requisite affordability. The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the project and has identified several areas of potential impacts; however, the conditions of approval proposed for the project are intended to address the project's potential impacts. Pursuant to SB 330 and the General Plan Land Use Element, the developer has selected the Harbor Mixed Use Transit Corridor Specific Plan (SP-2) development standards for a tuck -under building type to design the projects. However, pursuant to the Density Bonus Law, the developer is seeking a specific concession and waivers from certain SP-2 standards to facilitate development of the project. Table 3 outlines the concession and waivers requested by the applicant pursuant to Cal. Gov't Code Sec. 65915 (e)(1). Table 3: Requested Concession and Waivers Standard Required by SP-2 or the SAMC I Provided Building Frontage SP-2, Ch. 3, Frontyard/Porch Frontage Type, 1 (pg. 3-9) Ground Floor Height Min. 10' floor height 9' floor height Dimensions — Depth Min. 6' porch depth 4' porch depth Dimensions - Width Min. 10' wide asymmetrical entry <10' wide asymmetrical entry Open Space* SP-2, Ch. 3, Table 3-9. Onsite Open Space Requirements (pg. 3-13 Common— Area 15% of lot 12,290 sq. ft. 5% of lot 3,853 sq. ft. Private — Area 90 sq. ft. per dwelling unit 4,050 sq. ft. total Min. 90 sq. ft. provided for 27 units 71820 sq. ft. total Private — Dimensions 6' min. dimension 4'-6" to 5'-6" dimension *Open space based on net useable parcel area City Council 19 — 101 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 7 Onsite Parking To proactively address any neighborhood parking impacts that could result from the project, the conditions of approval for the VTTM and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the final, recorded CC&Rs, and applicable throughout the life of the project: • Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the surface guest parking spaces; • Policies for maximum time vehicles may be parked in the surface guest spaces; • Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang - tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and • Routine garage inspections to ensure garages are available for vehicle parking. Project Analysis Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing "deviations" (incentives/concessions and/or waivers). The Planning Commission's review of the density bonus agreement is based on the following findings: The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603. The project does not require a Site Plan Review Application pursuant to Table 3-2 (Permitted Uses) as part of the Harbor Mixed Use Transit Corridor Plan (SP-2). Accordingly, the Planning Commission's review and determination for this request are limited to the deviations requested in the Density Bonus Agreement application and memorialized in the Density Bonus Agreement only. City Council 19 — 102 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 8 Table 4: Analvsis of the Requested Concession (1) and Waivers (3) Standard Analysis Building Frontage (Concession) - SP-2, Ch. 3, Frontyard/Porch Frontage Type, 1 SP-2 requires minimum floor heights based on proposed frontage type (e.g., Ground Floor Height forecourt, stoop, etc.). The project proposes a frontyard/porch frontage type with 9'-1" ground floor height and is below the minimum 10' required. The project's location in a flood zone necessitates raising the site's base flood elevation, impacting ground floor -to -ceiling heights. To comply with flood regulations, interior floor levels must be elevated, reducing first -floor ceiling heights. Maintaining the proposed unit count while adhering to these requirements would require a redesign, potentially leading to fewer residential units, affecting the project's density and efficiency. Moreover, SP-2 was originally intended to achieve a specific urban form, and since existing nearby multi -family residential developments do not maintain a minimum building floor height, the proposed design is consistent with the existing multi -family residences. The minimum dimensions for porch type building frontages is 6' depth. No Dimension — Depth porches fully meet these requirements. Modifying porch depth is challenging due to the flood zone location. Changes would require building reconfiguration to accommodate proper stairs from street level, given elevated floor requirements. This would affect unit layouts, disrupting the efficient stacked floor plan and potentially reducing interior space and bedroom counts. Dimension — Width The minimum dimensions for porch type building frontages is 10' width if an asymmetrical entry. No porches fully meet these requirements. Modifying porch width is challenging due to the flood zone location. Changes would require building reconfiguration to accommodate proper stairs from street level, given elevated floor requirements. This would affect unit layouts, disrupting the efficient stacked floor plan and potentially reducing interior space and bedroom counts. Open Space (Waivers) - SP-2, Ch. 3, Table 3-9. Onsite Open Space Requirements The total common open space required for the project site (net) is equal to 15 Common — Area percent of the lot, or approximately 12,290 sq. ft. Instead, the project provides a 3,853 sq. ft. of common open space (approximately 5 percent), which is a difference of 8,437 sq. ft. or 10 percent. Meeting the minimum required open space would eliminate six or more units, affecting project feasibility. To maintain the proposed unit count, the developer would need to modify the building type and construct additional floors, potentially exceeding the maximum allowable height in the Harbor Mixed Use Transit Corridor Plan (SP-2) and increasing development costs. To help alleviate the open space deficiency, the project proposes an average of 174 sq. ft. of private open space per unit, through private balconies/decks. City Council 19 — 103 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 9 Standard Analysis The minimum required private open space is 90 sq. ft. per dwelling unit. Twenty - Private — Area seven (27) units featuring both upper balconies/decks and ground floor yards meet this requirement. The remaining eighteen (18) units with only upper balcony decks fall short of the minimum area. Adhering to the minimum private open space requirement would necessitate significant design alterations. Unit layouts would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. These changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix. Private open space minimum dimensions are 6 feet in all directions. Only one Private — unit provides the minimum 6 feet in all directions for private area. Dimensions Adhering to the minimum private open space requirement would necessitate significant design alterations. Unit layouts would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. These changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix. When analyzed cumulatively, the requested concession and waiver could be avoided if the project were designed on a different site or using a different site plan. If the project were designed with a multi -level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to provide the minimum required open space and ground floor height. However, these changes would increase development costs and result in a project that would exceed the maximum permitted building height, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. Moreover, the changes would result in the loss of the five affordable townhouse units. Based on the analysis provided within this report, the proposed development will materially assist in accomplishing the goal of providing additional affordable and market -rate ownership housing stock in the city and will consistent with the applicable designation in the general plan land use element. In addition, the proposed deviations are necessary to make the project economically feasible pursuant to section 41-1603. Vesting Tentative Tract Map Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for vesting tentative tract maps are approved when it can be shown that findings can be made in support of the request. City Council 19 — 104 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 10 Specifically, findings related to the proposal need to be made that find the project is consistent with the General Plan, the site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the vesting tentative tract map. The applicant is seeking approval of a vesting tentative tract map to subdivide for condominium purposes, as the proposed development consists of 45 townhome units. The request would vest the right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting map is deemed complete. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the form of attached tuck -under unit type structures. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's General Plan. As a housing development project, the proposed development site has been found to be consistent with the objective general plan standards for the property. Moreover, the proposal is consistent with the various provisions of the zoning and subzone designations (SP-2, Corridor), including lot size, setbacks, density, and parking. Lastly, the applicant has requested waivers for those development standards that require deviations, as previously analyzed. Further conditions of approval have been included to bring the site's landscaping, architectural design, and Covenants, Conditions and Restrictions (CC&Rs) to be in compliance with all applicable standards of the SAMC and the Harbor Mixed Use Transit Corridor Plan (SP-2). Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. The project will also maintain all required easements. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code. The overall project site provides an opportunity for additional housing and development that would otherwise continue to remain as a vacant, under-utilized parcel. These improvements will help to enhance the quality of life in the surrounding community by providing 45 for -sale, market -rate and affordable housing, with five onsite affordable units. The proposed project is part of the Harbor Mixed -Used Transit Corridor Specific Plan and has been designed to incorporate significant design features, articulating elevations in order to minimize any visual impacts on surrounding land uses. City Council 19 — 105 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 11 Finally, the project has been designed to be compatible with the scale of other residences in the area and will be consistent with several goals and policies of the General Plan as follows: • Goal LU-1: Growing Responsibly — Provide a land use plan that improves quality of life and respects our existing community. o Policy LU-1.1 Compatible Uses — Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.2 Homeownership Opportunities — Support innovative development policies to expand homeownership opportunities at all income levels. o Policy LU-1.5 Diverse Housing Types — Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. • Goal LU-4: Complete Communities — Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.7 Diverse Communities — Promote mixed -income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods. • Goal HE-2- Housing Supply and Diversity — A diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents of all household types, income levels, and age groups to foster an inclusive community. o Policy HE-2.5 Diverse Housing Types — Facilitate diverse types, prices, and sizes of housing, including single-family homes, apartments, townhomes, duplexes, mixed/multiuse housing, transit -oriented housing, multigenerational housing, accessory dwelling units, and live -work opportunities. o Policy HE-2.7 Affordable Component — Pursuant to the Affordable Housing Opportunity and Creation Ordinance (AHOCO), require eligible rental and ownership housing projects to include at least 15 percent of the rental housing units as affordable for low-income households; or 10 percent of the rental units affordable to very low-income households; or 5 percent of rental units affordable to lower income households (5 percent to low-income, 3 percent to very low- income, and 2 percent to extremely low-income households); or at least 5 percent of the units in eligible ownership projects affordable to moderate -income households. Implement various strategies using the in -lieu fees generated by AHOCO to provide a wide array of affordable housing options. City Council 19 — 106 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 12 Affordable Housing Opportunity and Creation Ordinance The project exceeds the affordable housing goal for the ownership category of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing five (5) onsite units in place of three (3) for sale units which will target moderate -income (80- 120%) households, significantly enhancing the opportunity for income eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. Four of the affordable units will be three -bedroom units while the last unit will be a four -bedroom unit. The proposed affordable units will range in size between 1,451 to 1,775 square feet in size and will contain full kitchens, bedrooms, bathrooms, in -unit storage, and open/common (living) areas. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 12. In addition, staff contacted the provided contacts for the Riverview West and Santa Anita Neighborhood Associations to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. The applicant also held two community meetings in conformance to the Sunshine Ordinance notification requirements in place at the time the application was submitted (April 30, 2024). The first meeting was a combined in -person and virtual community meeting on June 27, 2024. This meeting was publicly noticed in the Orange County Reporter, posted on the City's website, and invitation mailers were sent to all addresses within a 2,000-foot radius of the project site, as well as local community organizations. The meeting included a presentation on the project as well as a question and answer period to address concerns and collect feedback. Participants asked questions about the cost, parking, and interest list. However, no issues of concern were raised regarding the proposed development. Approximately five to 10 individuals attended the meeting. On August 8, 2024, the applicant held a second combined in -person and virtual Sunshine Ordinance community meeting. This meeting was also publicly noticed in the Orange County Reporter, posted on the City's website, and invitation mailers were sent to all addresses within a 2,000-foot radius of the project site, as well as local community organizations. The meeting included a brief presentation and summary on the project, as well as a question and answer period to address concerns and collect feedback. Participants asked questions about the project timing and security. Two individuals attended the meeting. Materials from both the June 27 and August 8 meetings are posted to the project's City webpage. City Council 19 — 107 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 13 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: 1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code. 2. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100,000 square feet. 3. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. B. The project is within one-half mile of a major transit stop. 4. Meet both of the following requirements regarding number of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or City Council 19 — 108 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 14 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in -lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 19 — 109 5/6/2025 VTTM No. 2024-02 and DBA No. 2024-02 — Santa Ana-8 Townhomes (510 & 520 N. Harbor Blvd.) December 9, 2024 Page 15 EXHIBIT(S) 1. Resolution Approving VTTM No. 2024-02 as conditioned 2. Resolution Approving DBA No. 2024-02 as conditioned 3. Vicinity Zoning and Aerial View 4. Site Photos 5. Site Plan 6. Unit Floor Plans 7. Building Elevations 8. Color and Material Board 9. Preliminary Landscape Plan 10. Vesting Tentative Tract Map 11. Draft Density Bonus Agreement 12. Sunshine Ordinance Meeting Materials (Available Online) 13. Copy of Public Notice Submitted By: Nancy Tran, AICP, Senior Planner Approved By: Minh Thai, Executive Director, Planning and Building Agency City Council 19 —110 5/6/2025 RESOLUTION NO. 2024-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2024-02 (COUNTY MAP NO. 19328) AS CONDITIONED TO ALLOW A FORTY-FIVE UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD (APN: 100-631-05 & 100-631-04) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Kim Prijatel, representing City Ventures Homebuilding, LCC (applicant), on behalf of Clark Beyer, General Manager of the Alminlo Properties, LLC (property owner), is requesting approval of Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328) and a certain concession and waivers or reductions of certain development standards pursuant to State Density Bonus Law (or "deviations," as referenced in the SAMC) to be memorialized in a density bonus agreement (DBA) to allow the construction of a forty-five unit attached townhome development, five of which are proposed as onsite moderate -income affordable units, for the property located at 510 and 520 North Harbor Boulevard. B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective on January 1, 2020, and established a statewide "housing emergency" until January 1, 2025. C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8 (SB8). D. The proposed development is being submitted as a Senate Bill No. 330 (SB 330) application. E. Pursuant to Santa Ana Municipal Code ("SAMC") Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps. F. Vesting Tentative Tract Map No. 2024-02 came before the Planning Commission of the City of Santa Ana on December 9, 2024, for a duly noticed public hearing. G. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Vesting Resolution No. 2024-XXX City Council 19 —111 5/ 2 f 11 Tentative Tract Map No. 2024-02, have been established as required by SAMC Section 34-127 and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Urban Neighborhood (UN-50) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements will be consistent with the Urban Neighborhood-50 (UN-50) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create forty-five condominium air -right units and will be consistent with the various provisions of the General Plan. As proposed, the development is subject to the limitations contained in SB330 and SIB 8. Moreover, the development is permitted subject to separate execution of a density bonus agreement, where the developer is requesting a concession and waivers or reductions in objective development standards, subject to separate approval of the Planning Commission. The maximum unit yield for the 2.5-acre site using the UN-50 general plan density and the State density bonus is 125 units, and the applicant is proposing to develop45 units on the site. The density range for the proposed number of units is also considered and approved in the UN General Plan designation. Finally, the project has been designed to be compatible with the scale of other residences in the area and will be consistent with several goals and policies of the General Plan as follow: • Goal LU-1: Growing Responsibly — Provide a land use plan that improves quality of life and respects our existing community. o Policy LU-1.1 Compatible Uses — Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.2 Homeownership Opportunities — Support innovative development policies to expand homeownership opportunities at all income levels. o Policy LU-1.5 Diverse Housing Types — Incentivize quality infill residential development that provides a diversity of housing types and Resolution No. 2024-XXX City Council 19 —112 5/ f 11 accommodates all income levels and age groups. • Goal LU-4: Complete Communities — Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.7 Diverse Communities — Promote mixed -income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods. • Goal HE-2: Housing Supply and Diversity — A diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents of all household types, income levels, and age groups to foster an inclusive community. o Policy HE-2.5 Diverse Housing Types — Facilitate diverse types, prices, and sizes of housing, including single-family homes, apartments, townhomes, duplexes, mixed/multiuse housing, transit -oriented housing, multigenerational housing, accessory dwelling units, and live -work opportunities. o Policy HE-2.7 Affordable Component — Pursuant to the Affordable Housing Opportunity and Creation Ordinance (AHOCO), require eligible rental and ownership housing projects to include at least 15 percent of the rental housing units as affordable for low-income households, - or 10 percent of the rental units affordable to very low-income households; or 5 percent of rental units affordable to lower income households (5 percent to low-income, 3 percent to very low- income, and 2 percent to extremely low-income households); or at least 5 percent of the units in eligible ownership projects affordable to moderate -income households. Implement various strategies using the in -lieu fees generated by AHOCO to provide a wide array of affordable housing options. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Resolution No. 2024-XXX City Council 19 —113 5/ f 11 The proposed development is being submitted as an SB 330 application. The proposed project will conform to all requirements of the Santa Ana Municipal Code (SAMC) and the development standards specified by the Harbor Mixed Use Transit Corridor Plan (SP-2), except for the open space area and dimensions, as well as the minimum ground floor height and dimensions for building frontage, which are memorialized in a separate density bonus agreement. Lastly, all subdivision codes will be met as well as other applicable City ordinances. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 2.5 acres of land and is physically suitable for the proposed development, where access to the site will be from 5t" Street. The current general plan land use designation for the project site is UN-50 which allows a mix of uses, including medium and medium -high density apartments, townhomes, garden- or motor -court homes, and neighborhood- serving commercial. The proposed density is 18 du/ac and well within the 50 dwelling units per acre (du/ac) maximum allowed under its general plan land use designation. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Additionally, the development of the property as proposed, has been determined to be exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential Resolution No. 2024-XXX City Council 19 —114 5/ 2 f 11 units, and results in housing units made available to moderate income families. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2024-10. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through, or use of, property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through, or use of, the property within the proposed project since the existing and recorded easements for the property have been considered as part of the review. Existing easements for street and highway purposes in the documents recorded October 18, 1957 as book 4074, page 548 of official records and October 25, 1947 as book 4082, page 244 of official records are proposed to remain. Easements for a new emergency vehicle, public right-of-way dedication, and public utility easement will be recorded under the new subdivision. The subdivision consists of forty-five condominium air -right units along Harbor Boulevard and 5t" Street. The installation of all utilities will conform with the requirements stated in Section 41-626 of the Santa Ana Municipal Code. The conceptual design of all proposed construction for the property will not affect the right-of-way for road purposes Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: 1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead Resolution No. 2024-XXX City Council 19 —115 5/ f 11 agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code. 2. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100,000 square feet. 3. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. B. The project is within one-half mile of a major transit stop. 4. Meet both of the following requirements regarding number of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in -lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to moderate income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this project. Resolution No. 2024-XXX City Council 19 —116 5/ f 11 Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Vesting Tentative Tract Map No. 2024-02 as conditioned in "Exhibit A", attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9t" day of December 2024, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Jennifer Oliva Chairperson Resolution No. 2024-XXX City Council 19 —117 5/ f 11 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2024. Date: Recording Secretary Resolution No. 2024-XXX City Council 19 —118 5/ f 11 EXHIBIT A Conditions for Approval for Vesting Tentative Tract Map No. 2024-02 Vesting Tentative Tract Map No. 2024-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2024-10. 2. Any amendment to this Vesting Tentative Tract Map No. 2024-02, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Vesting Tentative Tract Map must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior to the final map being recorded. 4. Walls and Fencing. a. The applicant shall be construct a minimum six-foot (6') tall solid perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split -face or painted design with regularly -spaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double -walls or gaps between walls where possible. b. Climbing vines shall be planted at regularly -spaced intervals along all exposed walls and wrought -iron fencing to deter graffiti. All solid walls shall be finished with anti -graffiti coating. 5. Before submitting a landscape review application, the applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure they maximize onsite landscaping in compliance with established landscape standards. The final Resolution No. 2024-XXX City Council 19 —119 51 f 11 landscape plan shall include a diverse selection of shade -producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated. 6. The following parking management practices shall be incorporated into the final, recorded CC&Rs and shall apply through the life of the project: a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the surface guest parking spaces; b. Policies for maximum time vehicles maybe parked in the surface guest spaces; c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang -tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and d. Routine garage inspections to ensure garages are available for vehicle parking. 7. The final map must be approved and recorded prior to issuance of a certificate of occupancy or final sign -offs of building permits for the townhome buildings, whichever is first. 8. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and requirements of the State Subdivision Map Act. 9. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. 10. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project's CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); Resolution No. 2024-XXX City Council 19 — 120 5/ O f 11 b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. Resolution No. 2024-XXX City Council 19 — 121 5/ O f 11 RESOLUTION NO. 2024-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A CONCESSION AND WAIVERS OR REDUCTIONS OF DEVELOPMENT STANDARDS PURSUANT TO STATE DENSITY BONUS LAW TO BE MEMORIALIZED IN DENSITY BONUS AGREEMENT NO.2024-02 TO ALLOW A FORTY-FIVE UNIT SINGLE-FAMILY ATTACHED TOWNHOME DEVELOPMENT FOR THE PROPERTY LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD (APN: 100-631-05 & 100-631-04) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Kim Prijatel, representing City Ventures Homebuilding, LCC (applicant), on behalf of Clark Beyer, General Manager of the Alminlo Properties, LLC (property owner), is requesting approval of Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328) and a certain concession and waivers or reductions of certain development standards pursuant to State Density Bonus Law (or "deviation," as referenced in the SAMC) to be memorialized in a density bonus agreement (DBA) to allow the construction of a forty-five unit attached townhome development, five of which are proposed as onsite moderate -income affordable units, for the property located at 510 and 520 North Harbor Boulevard. B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective on January 1, 2020, and established a statewide "housing emergency" until January 1, 2025. C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. D. The proposed development is being submitted as a Senate Bill No. 330 (SB 330) application. E. The Harbor Mixed Use Transit Corridor Plan (SP-2) was adopted in 2014 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing projects, including multi -family and mixed -use residential communities, as well as live/work Resolution No. 2024-xx City Council 19 — 122 5/ 2 f 11 units. The selection of the SP-2 development standards for this project is consistent with the overall character of the surrounding community. F. The California Density Bonus law allows developers to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek incentives/concessions or waivers or reductions of development standards. G. The Applicant's request has been evaluated by the City's Development Review Committee (DRC) through Development Project No. 2024-10. Through this review, the DRC has considered the subject site, proposed development, and the applicant's requests for concessions and waivers or reductions pursuant to the State's Density Bonus Law. H. On December 9, 2024 the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers or reductions) to be approved by the Planning Commission. J. The Planning Commission determined that the following findings, which must be established in order to grant a deviation pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2024-02 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide a forty-five unit single- family attached townhome development, five of which are proposed as moderate -income affordable units, contributing toward the City's ownership housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed currently contains multiple low- to medium -density, multi -family residential communities. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. Resolution No. 2024-xx City Council 19 — 123 5/ f 11 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The application is being submitted as a Senate Bill No. 330 application. The proposed project and its design and improvements will be consistent with the Urban Neighborhood-50 (UN-50) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The current general plan land use designation for the project site is UN-50 which allows a mix of uses, including medium and medium -high density apartments, townhomes, garden- or motor -court homes, and neighborhood- serving commercial. The proposed density is 18 du/ac and well within the 50 dwelling units per acre (du/ac) maximum allowed under its general plan land use designation. 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires six deviations in: (1) frontyard/porch ground floor height, (2) frontyard/porch depth, (3) frontyard/porch width for asymmetrical entry, (4) common open space area; (5) private open space area; (6) private open space dimensions. The six deviations are described as follows: Frontyard/Porch Frontage — Ground Floor Height The development standards in SP-2 require minimum floor heights based on the selected frontage type (e.g., forecourt, shop front, stoop, etc.). The project design proposes a frontyard/porch frontage type and the ground floor heights are proposed below the minimum 10' required. The ground floor height is designed at a minimum of 9'-1" The development's location in a flood zone necessitates raising the site's base flood elevation, directly impacting ground floor -to -ceiling heights. To comply with flood regulations, interior floor levels must be elevated, reducing first -floor ceiling heights. Maintaining the proposed unit count while adhering to these requirements would require a comprehensive site and elevation redesign. This could potentially lead to a reduction in residential units, affecting the project's density and efficiency. Resolution No. 2024-xx City Council 19 — 124 5/ f 11 SP-2 was originally intended to achieve a specific urban form. Existing nearby multi -family residential developments to the project site do not maintain a minimum building floor height. Therefore, the proposed design is consistent with the existing multi -family residences. Frontyard/Porch Frontage — Depth The minimum dimension for porch type building frontages is 6' depth. None of the porches provide the minimum entry depth required for porches. Modifying the porch depth presents significant challenges due to the development's location in a flood zone. Such changes would necessitate building reconfiguration to accommodate proper stair risers and treads from street level, which would be complex given the elevated floor requirements in flood - prone areas. This reconfiguration would cascade into the unit layouts, disrupting the efficient stacked floor plan design and potentially reducing habitable interior space and bedroom counts. Frontyard/Porch Frontage — Width The minimum dimension for porch type building frontages 10' width if an asymmetrical entry. None of the porches provide the minimum entry width required for porches. Modifying the porch width presents significant challenges due to the development's location in a flood zone. Such changes would necessitate building reconfiguration to accommodate proper stair risers and treads from street level, which would be complex given the elevated floor requirements in flood - prone areas. This reconfiguration would cascade into the unit layouts, disrupting the efficient stacked floor plan design and potentially reducing habitable interior space and bedroom counts. Common Open Space — Area Pursuant to SP-2, the minimum common open space for the project site (net) is equal to 15 percent of the lot, or approximately 12,290 sq. ft. As proposed, the project provides a 3,853 sq. ft. of common open space (approximately 5 percent). The minimum common open space requirement specified in SP-2 is designed to offer visual relief and strengthen the Resolution No. 2024-xx City Council 19 — 125 5/ 2 f 11 connection to the natural environment. As new homes and businesses are established along the corridor, there will be an increased demand for spaces to relax and recreate that are easy to access. While the full 15 percent is not provided, residents will still have access to a 3,853 square foot common open central courtyard within the site's interior. The design and layout (50'x77') of the proposed common open space would provide functional amenities to residents (e.g., picnic tables, BBQ, lounge furniture, etc.). The open space would also feature a shade trellis, hardscaping materials, trees, and shrubs. Providing the required open space standard would lead to the elimination of six or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to modify the building type and construct additional floor levels, which may exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the open space deficiency, the project proposes an average of 174 sq. ft. of private open space per unit, through use of private balconies/decks. Private Open Space — Area The minimum required private open space is 90 sq. ft. per dwelling unit. Units featuring both upper balconies/decks and ground floor yards meet this requirement. However, units with only upper balcony decks fall short of the minimum area. Adhering to the minimum private open space requirement would necessitate significant design alterations. Unit layouts would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. These changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix. Private Open Space — Dimensions The minimum dimensions for private open space are 6'. None of the private open space areas provide the minimum 6' in all directions. Adhering to the minimum private open space requirement would necessitate significant design alterations. Unit layouts Resolution No. 2024-xx f 11 City Council 19 — 126 5/ would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. These changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: 1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code. 2. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100,000 square feet. 3. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. B. The project is within one-half mile of a major transit stop. 4. Meet both of the following requirements regarding number of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or Resolution No. 2024-xx City Council 19 — 127 5/ f 11 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in -lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to moderate income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this project. Section 3, The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves that certain concession and those certain waivers or reductions of development standards (deviations), as described in this Resolution and in the City's Staff Report and as memorialized in Density Bonus Agreement No. 2024-02 in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2024, and exhibits Resolution No. 2024-xx City Council 19 — 128 5/ f 11 attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9t" day of December 2024, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2024. Date: Recording Secretary City of Santa Ana Resolution No. 2024-xx City Council 19 — 129 5/ f 11 EXHIBIT A Conditions for Approval for Density Bonus Agreement Application No. 2024-02 The concession and waivers or reductions of development standards (deviations) as memorialized in Density Bonus Agreement Application No. 2024-02 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2024-10 and the plans presented to the Planning Commission on the date of public hearing and project approval. 2. Any amendment to the DP No. 2024-10, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended. 3. Walls and Fencing. a. The applicant shall construct a minimum six-foot (6') tall solid perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split -face or painted design with regularly - spaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double -walls or gaps between walls where possible. b. Climbing vines shall be planted at regularly -spaced intervals along all exposed walls and wrought -iron fencing to deter graffiti. All solid walls shall be finished with anti -graffiti coating. 4. All mechanical equipment shall be screened from view from public and courtyard areas. 5. Before submitting a landscape review application, the applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure they maximize onsite landscaping in compliance with established landscape standards. The final landscape plan shall include a diverse selection of shade -producing Resolution No. 2024-xx City Council 19 — 130 516172f 11 canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated. 6. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 7. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 8. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project's CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); Resolution No. 2024-xx City Council 19 — 131 5/ O f 11 c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. Resolution No. 2024-xx City Council 19 — 132 5/ O f 11 11/15/24, 11:22 AM TM-2024-02 and DBA-2024-02, Santa Ana-8 Development 510 & 520 N. Harbor Boulevard R1 P- R1 Ll F ti pp [y p { R I R1 R1 ' R1 R2 R2 R1 R1 R1 R1 P R1 I R1 FF R1 R2 R2 =.R1 .R1 R1 p p RI — oing ' R2 zoned- 1 General Agn r:u l[u rat Community Commercial , R1 CommunityCu m mercial-Museum ❑IstriR 7 - r ■ General Commercial R1 ' ■ Planned Shopping Center Arterial Ca m mercial ■ Commercial Residential ■ South Main Street Com m Erci al District Government Center IR i�.r+Ligh[rial1i�■Intlustnal ■ Open Spare land lTM� + ' Metm East Drerlay Zone l l Prclessional _ ■ Single -Family Relic.— _ I I ' ■ Two -Family ance R2 { ■ Multiple-Familyily Residenre l�l ■ Su hu rban Apartment _ ■ Residential -Estate ++� ■ Specific Developmentt No.1 R1 R2 R D 3 8 ■ Specific Developmen ■ Specific Development 12 ■ Specific Development I'll.. 13 F ■ Specific Development No. 15 r _ ■ Specific Development No. I6 R2 R2 R2- ■ Specific Development No. 11 I L ■ Specific Development No- Ia - ■ Specific Development No. 19 Al ■ Specific Development No. 2 ■ Specific Development ■ Specific Development No. 21 R1i _ L Specific Development No. 25 I I i ■ Specific Development No. 26 - = ■ Specific Development No.27 C ■ Specific Development No. 31 y� j ■ Specific DeveloPment No. 32 F Y - — I - a Specific Development No. 34 '' _ ■ Specific Development No. 35 �, f _ 3 r-1 ■ Specific Development No. 36 C - WINSP i-if — jr Specific Development No. 38 ' JD4 Specific Development No. 39 rj _■ Specific DeveloPmetNo4 D32 l { r R* ■ Specific Development No-41 R 3 1" I�Specific Development No41Specific Development 42'}■Specific Development No.43 4I 2 is Specific Development No. 44 I�--rr ■ Specific Development No-46 sr ■ Specific Development No. 48 sa Specific Development No.49 } Zoning. P R1 ZONECtASS 626 feet A J i" Exhibit 3 - Vicinity Zoning and Aerial View :� D;ems City Council 19 - 133 n 7n74 ninitai Man Pr5i/W2 p6 r5hrcz racarvar1 https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html# /LULJ 1/1 Harbor Boulevard, looking west City Council Exhibit 4 — Site Photos Santa Ana — 8 510 & 520 N. Harbor Boulevard, Santa Ana 92703 Page 1 of 1 19 — 134 5/6/2025 Exhibit 5 - Site Plan �l —� L.I'��■ ■I��I�■��IIIIIIIIIIIII��I II,I, IN.0.�� PRIVATE DRIVE nn nn nn nn nn I I I I 11 11 q�Pa11 11 11 11 11 V V V V lining to V V V V CITY VENTURES Building It Forward w ly c- � Uad . PRIVATE DRIVE ls� - - - nn nn nn nn _ a C=' II II I 9 11 II 11 C = ' V V Bul�ln �n0 V V V t ! ® ® ® ® nn 15'x1H'Cleor Zone "" Ex. R7W - _ W. FIFTH STREET Prop. 5' Sidewalk I - - - - - - - — -Prop-5`Parkway- a --- --r T Note: All Public Improvements public improvements are depicted and noted in the attached VTTM (sheets 1-4), and made a part hereto". N .0—� Project Summary APN: 100-631-04,100-631-05 Total Site Area: 11.92 Acres (Proposed RPM Total Units: 45 Homes Prop. 8',rree cable Offegto • (13)3-Story Interlocking P1,+ 1,451 SF, 3 Bed, 3 Bath,Tandem Dedicat i oft - •(13)3-Story Interlocking P2+ 1,711 SF, 3 Bed, 3.5 Bath • (9) 3 StoryTownhome P3 + 1,674 SF, 3 Bed, 3 Bath Prop. • (9) 3-Story Townhome P4 + 1,775 SF, 4 Bed, 3.5 Bath Ex. • (1) 2-Story P5 + 1907 SF, 3 Bed 2.5 Bath, Loft Density: 23A DulAc Wort eW:e" Row Parking: Prop. 12' idewalk Required: 80 Spaces Total(1.77 sphome) w Street eeg Res: 68 Spaces (1.5 splhome) U Guest: 12 Spaces (0.25 splhome) Provided: 99 Spaces Total (2.2 splhome)' Res: 90 Spaces (2 splhome) Guest: 9 Spaces i'I ' Tandem Parking: 26 Spaces (26% of Total Parking) _,---- -, - Open Space: Required: 16,269 SF Total (+361.5 SF per home) • Common: 12,219SF(15%of Net Site Area) k • Private: 4,050 SF (90 SF per home: 6' min. dim.) III Provided: 11,673 SF Total (t 259A SF per home) - • Common: 3,853 SF (15' Min. Dimension) iiiii • Private: 7,820 SF(4'-6" Min. Dimension) cj� - Pa0o: 4,250 SF i - Deck: 3,570 SF o 03 _ m o Zoning Summary m� = Existing Zoning: Harbor Mixed Use Transit Comder SP-Conidor Pmposed Zoning: Harbor Mixed Use Transit Comdor SP-Conidor Z Building Setbacks: Front Yard: B'Maximum Intoner Side Yard: 5' Minimum >;. Rear Yard: 15' for 2-story, 20'for 3-story -17'xl7'Corne, CUf if Building Separation: 6'minimum Max. Building Height: 3 Stories x2 lear Z ne Frontage Type: 'P'= FrontyardlPomh(min. 6'x10'clear) �k 'S' = Stoop (min. 4' x 4' landing) --w- � xou, w..m.a /' h.a'gu�w��... o am•.m Conceptual Site Plan Ae X1TE rs.o <N E".pE51 Eq5 IN W ■ U U oo� sib o �_ , _ Third Floor Roof Plan NOTE 1. SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION 2. FURTHER FLOOR PLAN COORDINATION NEEDED TO REFLECT CONCEPTUAL ELEVATION DESIGN. @ CITY VENTURES Building It Forward Exhibit 6 - Unit Floor Plans Second Floor Plan 3 3 Bdrm / 3 Bath / Den 2 Car Garage +/-1,674 SF P14-- 75 111111 �111111 L111111 L111111 First Floor OCCUPANCY: R3 CONSTRUCTION: VB SPRINKLER SYSTEM: 13D BUILDING 400 1 Conceptual Floor Plans AR-TECTI . ILAINEA1 . DEIIIIERI Third Floor 1� 1 Roof Plan NOTE 1. SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION. 2. FURTHER FLOOR PLAN COORDINATION NEEDED TO REFLECT CONCEPTUAL ELEVATION DESIGN. CITY VENTURES Building It Forward 0 Second Floor Plan 3 3 Bdrm / 3 Bath / Den 2 Car Garage +/-1,674 SF IAawr 0U oa First Floor OCCUPANCY: R3 CONSTRUCTION: VB SPRINKLER SYSTEM: 13D BUILDING 500 1 Conceptual Floor Plans ARC."EC" pLA „E".DEIIIIEgs Third Floor MI�I= NOTE Roof Plan 1. SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION. 2. FURTHER FLOOR PLAN COORDINATION NEEDED TO REFLECT CONCEPTUAL ELEVATION DESIGN. CITY VENTURES Building It Forward 0 &M im BUILDING 600 1 Conceptual Floor Plans Second Floor Plan 1 Plan 2 3 Bdrm / 3 Bath / 3 Bdrm / 3.5 Bath Deck / Flex / Deck 2 Car Garage 2 Car Garage +/-1,451 SF +/-1,711 SF First Floor OCCUPANCY: R2 CONSTRUCTION: VB SPRINKLER SYSTEM: 13 Third Floor Roof Plan NOTE 1. SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION. 2. FURTHER FLOOR PLAN COORDINATION NEEDED TO REFLECT CONCEPTUAL ELEVATION DESIGN. @ CITY VENTURES Building It Forward Second Floor Plan 1 Plan 2 3Bdrm/3Bath / 3 Bdrm / 3.5 Bath Deck Flex/ Deck 2 Car Garage 2 Car Garage 41,451 SF +/-1,711 SF 0 J -------- — --- T--1 -------- ------------ T-1 KFOH. - ---------- - ---------- Plan 5 03 Bdrm / 2.5 Bath I -------- Loft 2 Car Garage ------------------- 41,907 SF First Floor OCCUPANCY: CONSTRUCTION: SPRINKLER SYSTEM: BUILDING 700 1 Conceptual Floor Plans AR-TECTI. ILAINEA1. DEIIINERI Exhibit 7 - Building Elevations Right `PCs, Left BUILDING MATERIALS Roof: Flat with Parapet, Composi ion Shingle Exterior: Stucco Finish, Stone Veneer, Fiber Cement Siding Exterior Accents: Metal Awning, Decorative Light Fixture Deck Accents: Metal Railing Entry Door. Decorative Front Entry Door Garage Door: Sectional Garage Door CITY VENTURES Building It Forward Rear Front BUILDING 400 1 Conceptual Elevations AaC„,—rs IL4NNegs.pe51GNEg5 LI Right 1 1 1 ME Left BUILDING MATERIALS Roof: Flat with Parapet, Composition Shingle Exterior: Stucco Finish, Stone Veneer, Fiber Cement Siding Exterior Accents: Metal Awning, Decorative Light Fixture Deck Accents: Metal Railing Entry Door. Decorative Front Entry Door Garage Door: Sectional Garage Door CITY VENTURES Building It Forward BUILDING 500 1 Conceptual Elevations Rear Front OCCUPANCY: R3 CONSTRUCTION: VB SPRINKLER SYSTEM: 13D Right Left BUILDING MATERIALS Roof: Flat with Parapet, Composition Shingle Exterior: Stucco Finish, Stone Veneer, Fiber Cement Siding Exterior Accents: Metal Awning, Decorative Light Fixture Deck Accents: Metal Railing Entry Door. Decorative Front Entry Door Garage Door: Sectional Garage Door CITY VENTURES Building It Forward Rear Front Nor, OCCUPANCY: R2 CONSTRUCTION: VB SPRINKLER SYSTEM: 13 BUILDING 600 1 Conceptual Elevations AeC„,.E—.--- pE51GNEg5 �IIIIIIIII � v Right Left BUILDING MATERIALS Roof: Flat with Parapet, Composition Shingle Exterior: Stucco Finish, Stone Veneer, Fiber Cement Siding Exterior Accents: Metal Awning, Decorative Light Fixture Deck Accents: Metal Railing Entry Door: Decorative Front Entry Door Garage Door: Sectional Garage Door CITY VENTURES Building It Forward Rear Front BUILDING 700 1 Conceptual Elevations ARC„"ECrs IL4NNegs.pe51GNEg5 STREETSCAPE PRELIMINARY: 07.30.24 1 6 1 rity Council Exhibit 8 - Color and Material Board BLDG. 700 BLDG. 600 SCHEME2 SCHEMEI Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy. © Copyright - AT Design Consulting Inc. www.atdesignconsulting.com EXTERIOR COLOR/MATERIAL SCHEMES PRELIMINARY: 07.30.24 1 7 SCHEME 1 MASONRY ELDORADO STONE: LOREIO BRICK, FAROLA 1 ity Council BODY 2 SW 2844 ROYCROFT MIST GRAY GARAGE DOOR & FRENCH DOORS SW 2844 ROYCROFT MIST GRAY SCHEME2 BODY 1 SW 7551 GREEK VILLA MASONRY ELDORADO STONE: LOREIO BRICK, FAROLA - rri ti BODY 2 SW 7052 GRAY AREA GARAGE DOOR & FRENCH DOORS SW 7052 GRAY AREA Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy. © Copyright - AT Design Consulting Inc. www.atdesignconsulting.com EXTERIOR FIXTURE SPECIFICATIONS PRELIMINARY: 07.30.24 1 8 LIGHT SCONCE at ENTRY DOORS MANUFACTURER: Visual Comfort FAMILY: Testa PRODUCT SKU: 8757793S-12 LED FINISH: Black LIGHT: LED WIDTH: 7" HEIGHT: 20" EXTENDS: 4.5" at GARAGE DOORS & DECKS MANUFACTURER: Visual Comfort FAMILY: Testa PRODUCT SKU: 8657793S-12 LED FINISH: Black LIGHT: LED WIDTH: 5.75" HEIGHT: 16" EXTENDS: 3.5" TITLE 24 LAMP REQUIREMENT Light fixtures with screw -in lamp must have lamps with certification by the Energy Commission as meeting the requirements of Reference Joint Appendix JA8 per the Lighting Title 24 mandatory measures. The lamp must be marked with "JA8-2022" or "JA8- 2022-E" in order to be used with the fixture. 1 ity Council ADDRESS NUMBERS 0123456789 MANUFACTURER: TYPE FACE: MATERIAL: FORMAT ORIENTATION NUMBER HEIGHT: STANDOFF: COLOR: Modern House Numbers Palm Springs Brushed Aluminum Intallation Orientation per Client 4" (Client to verify with City) 1 /2" Brushed Aluminum Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy. © Copyright - AT Design Consulting Inc. www.atdesignconsulting.com MASONRY LAY-UP STYLE PRELIMINARY: 07.30.24 1 9 - ------ - �- -- ry 1 Council Bonding Surface: All surfaces must be clean, free of any dirt, loose debris to create an even and flat surface for stone installation. Lay -Up: Lay-up masonry in a horizontal orientation with 30%-70%stagger. Mortar Joints: Vertical and horizontal joints to be 3/16". Mortar should be sponged. Mortar: Mortar should be used for levelling and adhering and should be level with face and edge of masonry with some shadowing effect. Masonry Face & Edge Detail: Masonry face and edge detail must remain clean, not mortar washed or sponged. DO NOT cover masonry face and edge with mortar. Sample image on left is for field stone lay-up style reference only. For stone color refer to specifications. Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy. © Copyright - AT Design Consulting Inc. www.atdesignconsulting.com 5, Setbi Exhibit 9 - Preliminary Landscape Plan LEGEND I 0 Project Entry (non -gated) with Enhanced Landscape © Private Patio with Fence & Gate ' I I © Central Courtyard Shade Structure with Decor Panel, Refer to L-8 Barbecue and (2) Picnic Tables � I O Screening Landscape at Trash Enclosure/Transformer u I d i © Street Tree- 24" box @ 35' o.c, including deep root irrigation M system, per City Standards and approved plan, as needed. i Street Tree on N. Harbor Blvd: 1 1 I 1 I Pink Trumpet (Handroanthus impetiginosus) ` Street Tree on W. 5th Street: > 1 _j Brisbane Box (Lophostemon confertus) Im Q Vertical Screening Trees and Hedges CC 0 ;, Q Pedestrian Paseo with Entry Arbor- Refer to L-8 ca oe Q Enhanced Crosswalk Paving a Mailbox Cluster z Transformer Bike Parking I � ® Visibility Triangle � I I ® Hedge Screening for all aboveground utilities from Public View � 1 1 I i 1 i 'NOTE: All Parking Stalls shall be a minimum of 8'-6" x 18'-0" ao �I$j/�UTAJCI1HARBOR BLVD - CONCEPTUAL LANib9C�'P�8PLAN 5/ � 25 A A SANTA ANA, CALIFORNIA 10.31.24 i City Ventures L-1 TREE SCHEDULE: �r BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS ?� Y 6 Street Trees Handroanthus im eti inosus PinkTrum et StreetTree P 9 P 24" box Standard L Lophostemon confertus Brisbane Box 24" box Standard M '+ v Entry Specimen Trees Bauhinia variegata Purple Orchid Tree r . , 24" box Standard M Liriodendron tulipifera Tulip Tree 24" box Standard M + � Canopy Trees liiry a, Laurus nobilis Sweet Bay 15 gallon min Standard L T Rhus lancea African Sumac 15 gallon min. Standard L Magnolia grandiflora Southern Magnolia 15 gallon min. Standard M 0 Vertical Accent Trees Postania co gracfertaior Fern Pine 15 gallon min. Standard M Tristania conferta Brisbane Box 15 gallon min. Standard M Vertical Accent Trees Lagerstroemia spp. hybrid Crape Myrtle 15 gallon min. Standard M Liriodendron tuli ifera Tulip Tree v� P P 15 gallon min. Standard M y .. - SHRUB SCHEDULE: BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS Agapanthus'Peter Pan' Dwarf Lily of the Nile 5 gal 30" o.c. M Agave spp. Agave 5 gal 30" o.c. L P Aloe spp. Aloe 5 gal 30" o.c. L Bougainvillea' La Jolla' La Jolla Bougainvillea 5 gal 36" o.c. L ' Buxus microphylla japonica Japanese Boxwood 5 gal 30" o.c. M t Eriogonum umbellatum Sulfur Flower 5 gal 30" o.c. L Euonymus japonicus'Aureo-Marginata' Gold Spot Euonymus 5 gal 24" o.c. M rr Hesperaloe parviflora Red Yucca 5 gal 24" o.c. VL w �. x �• Lavandula dentata'Candicans' Candicans French Lavender 5 gal 30" o.c. L -R Ligustrum japonicum'Texanum' Wax Leaf Privet 5 gal 36" o.c. M ; Rhaphiolepis i.'Majestic Beauty' Majestic Beauty Hawthorn 5 gal 36" o.c. L( l Rhaphiolepis indica'Pink Lady' Rhaphiolepis Pink Lady 5 gal 36" o.c. L Rosa spp. Shrub Rose 5 gal 30" o.c. M`" Yucca spp. Yucca 5 gal 36" o.c. L GROUNDCOVER SCHEDULE: BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS a, Carissa macrocarpa'Prostrata' Ground Cover Natal Plum 1 gal 18" o.c. L A Pittosporum tobira'Wheeler's Dwarf' Wheeler's Dwarf Pittosporum 1 gal 24" o.c. M t r wrr' Senecio mandrallscae Kleinia 1 gal 18" o.c. L Sodded Turf Turf Sodded - H VINE SCHEDULE: BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS Lonicera japonica'Halliana' Hall's Japanese Honeysuckle 15 gal Per Plan L Trachelospermum jasminoides Star Jasmine 15 gal Per Plan M C./�/7(17F SA A A, R N I A 1c.31.24 i City Ventures L-9 Exhibit 10 - Vesting Tentative Tract Map RUNG LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN BELOW IS ERODED IN THE CITY OF SANTA ANA IN THE COUNTY OF ORANGE, STATE OF CAUFgWHU, AND 6 DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE NORII QUARTER OF THE SOUTHEAST QUARTER OF SEC" 9, TDWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.&M. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST GORIER OF THE NORTHEAST QUARTER OF THE SOUTHEAST CHARTER OF SECTION 9, TOWNSHIP 5 SOUTH. RANGE 10 WEST, S.S.B.&M.; THENCE NORM 10 CHANS; THENCE WEST 6 CHANS: THENCE SOUTH 10 CHMNS: THENCE FAST 6 CHARS TO THE POINT OF BEGINNING, EXCEPT THEREFROM THE NORM 5-5/6MS CHMNS. APN: 100-631-04. 100-631-05 VESTED OWNER: ALMINLO PROPERTIES, LUC, A ULFORNM UNITED LABLRY COMPANY SITE ADDRESS: 510 & 520 N. HARBOR BOULEVARD SANTA ANA CA 92376 BASIS OF BEARINGS: THE BEARINGS FOR THIS SURVEY ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE M, 1983 HAD 83, (2017.5' EPOCH OCS GPS ADJUSTMENT), AS DETERMINED LOCWLY BY A ONE BETWEEN CONTINUOUS GLOBAL POSMONING STATIONS (CG4'S) TYPO' AND 'S4CY' BEING N23'25WE AS DERIVED FROM GEODETIC VALUES PUBLISHED AND ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVMR. DATUM STATEMENT: COORDINATES SHOWN ARE BASED ON THE CALFORNM ODORUNATE SYSTEM (MM), ZONE A NAD63, (2017.50 EPOCH OCS OPS ADJUSTMENT). ALL DISTANCES SHOWN ME GROUND, UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MULTIPLY GROUND DISTANCE BY 0.99998230. BENCHMARK STATEMENT: OCS BENCHMARK NO. -69 ELEV: 69.206' (NAVDBB) DESCRIBED AS: DESCRIBED BY OCS 2001 - FOUND 3 Y." GOO ALUNINUM BENCHMARK DISK STAMPED '1F-135-69', SET IN THE NORM END OF A CONCRETE HEADWALL. MONUMENTIS LOGIED IN THE NORRMEST CORNER OF THE INTERSECTION OF HARBOR BOULEVARD AND CMILLE STREET, 59 F. 'WESTERLY OF THE CBOERUNE OF HARBOR BOULEVARD AND 280 FT. NORTHERLY OF THE CENIERUNE OF SANDE OFFSET. MONUMENT 6 SET LEVEL WITH THE SIDEWALK. FLOOD NOTE: THE SUBJECT PROPERTY FALLS MIN 'TONE A - NO EASE FLOOD MARGINS DETERMINED' PER FDA MAP NO. 06059CO143U, A PRINTED PANEL, EFFECTIVE DECEMBER 3, 2009 . LAND USE SUMMARY: GROSS AREA: 25DO AC *7 AREA 1D81 AC TOTAL PROPOSED LOTS I TOTAL PROPOSED DW[WNG UNITS: 45 UTILITY PURVEYORS & SERVICES: WRIER: CITY 9 SANTA ANA WATER DEPARTMENT (714) 647 3341 Im CITY OF SANTA ANA PUBLIC WORKS 014) 647-5690 ELECTRIC, SOUTHERN GWFOFNU EDISON (PRO) 655-4555 CniA: THE SOUTHERN CWFORNU GAS COMPANY (800) 427-2200 IMP'114tlE; AT&T (800) 255-5288 QBJE- m TIME WARNER CABLE (800) 951-9941 SCHOOL gSMILT: SANTA ANA WIRED SCHOOL DISTRICT 014) 558-5501 LIRE PROTECTION: ORANGE COUNTY FIRE DEPARTMENT (714) 573i100 REPUBLIC SERVICES (657) 467-622D NOTE: 1) PUASLWR i0 OUBOMSON MAP ACT SECTION 66456.1(P), MULM. HNNI MAPS M1Y BE FlIID ON THIS TENTATIVE MAP. SURVEYOR'S STATEMENT: THE SURVEY ON WHICH THIS VESTING TENTATIVE. Lyp MAP IS BASED WAS DONE BY ME, OR UNDER MCmm�m s MY DIRECTION. FIELDWORK WAS COMPLETED ON A NOVEMBER 9, 2023, �AL.s. 9n7 • A HFN NNE P. MCDOUGALL, L.S. 9297 GtFF ENGINEER'S STATEMENT: 1HIS VESTING TENTATNE MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION ON NOVEMBER 1, 2024. FD, WM DISK \\\ ON 0.8' IN WELL \ \ / E S T 3 VFL 2-11 - N89'42'04"W — I- I❑ r �I I I I F I I 1 II II II nF I II I II I II 1 F- II II II I m TIN I Y 100-631- 2 I �1 I I II F I li II I II I U S89'42'24''ET 4 2245.39 SANTA PNA SURVEY NG TENTATIVE TRACT MAP NO. 19328 FOR CONDOMINIUM PURPOSES THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA \ CURS STA"N \ SACY \ N: 2218016.15 6 E: 6061432.40 NQ'\Cs Ssl\ k\ I I I I II I I CIVIL ENGINEER: C&V CONSULTING, INC. 9830 BMNE CENTER DRIVE IRMNE, CA .18 PHI (949) 916-3800 NI CONTACT: RYAN I BITMER, P.E. SHEET INDEX: wU SHEET NO. SHEET I VESTING TENTATIVE TRACT MAP SHEET 2 PRFLMINARY SIZE PUN SHEET 3 PREUMINARY GRADING & UTILITY PUN SHEET 4 PRELMINARY SECTIONS I alp SUBDIVIDER: CITY VENTURES HOMEBULDMG, LC 3121 MOR II g6VE, SUIT: 150 IRMNE, CA 92612 (949) 258-7555 LEGEND: - -�- CENTERUNE SOBDIMSION — — — EASEMENT ----- EX. LOT LINE ---------- TIE E0 R/W PROP. R/W WIC EXISTING EASEMENTS: ^ s ® DENOTES PLOTTED OEM. I Q FASEMEM(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS I INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT IN FAVOR OF: COUNTY OF ORANGE PURPOSE STREET AND HIGHWAY PURPOSES RECORDING DATE: OCTOBER 18, 1957 RECORDING NO: BOOK 4074, PACE 548 OF OPTICAL RECORDS AFFECTS. AS DESCRIBED THEREIN O4 USET.IENI(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT: IN FAVO OF: COUNTY OF ORANGE PURPOSE: STREET AND HIGHWAY PURPOSES RECORDING DATE: OCTOBER 25, 1957 RECORDING NO: BOOK 4082, PAGE 244 OF OFFICIAL RECORDS AFFECTS AS DESCRIBED THEREIN 1 PROPOSED EASEMENTS: 1 O INDICATES AN EASEMENT FOR INGRESS AND EGRESS FOR EMERGENCY AND s PUBUC SECURNY VEHICLE PURPOSE DEDICATED TO THE CITY OF SANTA ANA ❑B INDICATES FOR PUBUC RI DEDICATION. UTIUTY, AND PUBUC SBEET PURPOSES DEDICATED TO THE CRY OF SANTA ANA ED. S&W © INDICATES AN EASEMENT EXCLUSIVE UNDERGROUND, NON-EXCLUSIVE SURFACE, PUBUC RU ED UTILITY EASEMENT IN FAVOR OF THE CRY OF SANTA ANA �p INDICATES AN IRRIMTCABLE OFFER TO DEDICATE IN FAVOR OF THE CITY OF SANTA ANA. SE CORNER HE J SE OH FOS N./ FWK Sry 6� N: 2188769.01 jA9 E. 6048756.17 TO, WM HEX EAR PUNCHED ON 1S'IN WELL 0 V=30' 106611101 0 15 30 60 City Council SUBDIVIDER: CITY VENTURES HOMEBULDMG, LC 3121 MOR II g6VE, SUIT: 150 IRMNE, CA 92612 (949) 258-7555 LEGEND: - -�- CENTERUNE SOBDIMSION — — — EASEMENT ----- EX. LOT LINE ---------- TIE E0 R/W PROP. R/W WIC EXISTING EASEMENTS: ^ s ® DENOTES PLOTTED OEM. I Q FASEMEM(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS I INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT IN FAVOR OF: COUNTY OF ORANGE PURPOSE STREET AND HIGHWAY PURPOSES RECORDING DATE: OCTOBER 18, 1957 RECORDING NO: BOOK 4074, PACE 548 OF OPTICAL RECORDS AFFECTS. AS DESCRIBED THEREIN O4 USET.IENI(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT: IN FAVO OF: COUNTY OF ORANGE PURPOSE: STREET AND HIGHWAY PURPOSES RECORDING DATE: OCTOBER 25, 1957 RECORDING NO: BOOK 4082, PAGE 244 OF OFFICIAL RECORDS AFFECTS AS DESCRIBED THEREIN 1 PROPOSED EASEMENTS: 1 O INDICATES AN EASEMENT FOR INGRESS AND EGRESS FOR EMERGENCY AND s PUBUC SECURNY VEHICLE PURPOSE DEDICATED TO THE CITY OF SANTA ANA ❑B INDICATES FOR PUBUC RI DEDICATION. UTIUTY, AND PUBUC SBEET PURPOSES DEDICATED TO THE CRY OF SANTA ANA ED. S&W © INDICATES AN EASEMENT EXCLUSIVE UNDERGROUND, NON-EXCLUSIVE SURFACE, PUBUC RU ED UTILITY EASEMENT IN FAVOR OF THE CRY OF SANTA ANA �p INDICATES AN IRRIMTCABLE OFFER TO DEDICATE IN FAVOR OF THE CITY OF SANTA ANA. SE CORNER HE J SE OH FOS N./ FWK Sry 6� N: 2188769.01 jA9 E. 6048756.17 TO, WM HEX EAR PUNCHED ON 1S'IN WELL 0 V=30' 106611101 0 15 30 60 City Council SE CORNER HE J SE OH FOS N./ FWK Sry 6� N: 2188769.01 jA9 E. 6048756.17 TO, WM HEX EAR PUNCHED ON 1S'IN WELL 0 V=30' 106611101 0 15 30 60 City Council y IX. BLOC( WALL OFFSTE (TO REMAIN) 5' 1 SEGACK CRETN ' SCEENNING/ WALL ROP. 2Y FER. HT A 2.7' BET. HT EX. WOOD, FENCE (TO REMOVED) EX. R- A.P. OR RETAIMNG/ SCREW WALL 2.5 RET. HT BLOCI( WALL I I I I (i0 RWPIN) I I . RETNNI G/ u Ly SCREEN W - 2.8'RET.HT' PROP. m MOP. RETAINNG/ SCREW WALL 24' fET. NT� RnA IX NEE{ AA PRELIMINARY SITE PLAN GENERAL INFORMATION: I. DATE OF PREPARATION: AUGUST W, 202E TTM 19328 LOT 1 2. DATED HRAEY: NO IC W, 023 7. NET LOG AREA 1.681 AC 4. EX61NG ZONING HARBOR MIMED USE TRANSIT CORRIDOR SP - CORRIDOR ZONE FOR CONDOMINIUM PURPOSES 5 PROPOSED AA U9 :I-URB EOGHBOHO LAND USE: -URBAN NLLGHBWHOOD 8. PHCPOUR I 1 7. CONTOUR INTERVAL IS I FOOT. CITY OF SANTA ANA COUNTY OF ORANGE STATE OF CALIFORNIA 6 ALL DMWSONS E. 9. ALL IWROVINDOTS REWIRED BY THE CITY OF SANTA ANA SHALL BE INSTALLED TO THE SATISFACTION OF THE qtt ENGNEER. 7 1 YSEWERRSYMA IQ ON -SITE SANITARY SEWER SYSTEM HALL BE PRIVATE AND CONSIST PVC (BOB 35) PIPE MATERIAL N - 11. ON -SIZE PROPOSED DOMESTIC WATER SHALL BE PRIVATE WTH INDIVIDUAL WATER METERS AND CONSIST OF PVC OR -ICI (GOOD) PIPE MATERIAL / V N PET SCREEN / AEi WALL L( WATER Aflgt VAUL75 AND CITY OWNED WATER MEIEAS MLL BE PL10ED 11HIN A PUBLIC Ungtt EASEMENT IN FAVOR Of THE qtt OF SANTA ANA XT N.A.P FENCE ( TO AEYA 2.f FEE HT IX STILT I;' DW AFR)45 ITEM AS DIRECTED BY dtt DURING PLAN WECN. 12 ON -SIZE PROPOSED STORM DRAIN SHALL BE PRIVATE PAID CONSIST CE HOPE PIPE MATERIALS BOB. SCREEN/ / IX (TO REMAIN) Il ONSIDE ORIAEWAK/PLEYS HALL BE PRIVATE 'NTH PUBLIC NON-EKCLUSVE EASEMENT FOR VEHICULAR ACCESS, ACCESS RIGHTS IN, OVER, ACROSS WE1 WALL 3' BET. HT WALL RET. _ UPON ANB THROUGH SAID TRACT IN FAVOR OF CITY OF SANTA ANA. 14. THE PROJECT IS LOCATED IN FLOOD ZONE "A -NO BASE ROOD ELEVATIONS DET MINED' PER TWA YAP NO.. 06059CO". A PRINTED PANEL _ 6.4' BW- - V ) L EFFECTVE DECWBER 3, 2009 (TABLE A-7). ADA n I tX. BET o I5. THIS SIT: MILEBEDE90NED AND WNSTRUCTED IN ACCORDANCE KITH THE CALIFORNIA REGIONAL WATER MALTY CONTROL BOARD SANTA ANA REGION ORDER NO. A6-2009-0030 DISCHARGE REQUIREMENTS (MS4 PERMIT). ® /' TO MAIN -I T o 16. THIS PIT COIL f 111 FINE, PBOCESS, AND RECORDING OF CCWRS FOR THE MAINTENANCE AND THE BEST SHARING RESPONSIBN1 OF THE 2 A C I C TUNRE COMMON UTUTY FAQUTIES SERVING TIHS SITE, INCLUDING BUT NOT CYITED TO PRIVATE WATER, ARE, AND SEWER SYSTEMS ' ',: I 4 EX.55 (i0 BE ABANDON IX COBLL ,n 17. NO GATES IRE PHOPOSPD IN THIS PROJECT. ANY PROPOSED GALE WILL CE SUBJECT 10 ADDITIONAL RENEW AND COMMENTS. HE ANY 1111101 "THIN THE PUBLIC RIGHT 1WAY IS SUBJECT TO APPROVAL BY ME ENVIRONMENTAL d MANSPORTATON ADVISORY LDfa2n� I C OW p ury DOWTTEE (ETAC). THEREFORE, PROVIDE TO ME CITY OF SANTA MA A LETTER REQUESTING E REMOVAL OF DOSING TREE(S) MAT CONVICTS I ROP, OW I� PR WELL 6ELL "TN TIHE PROPOSED IMPROVEMENTS. ME CITY "LL PRESENT THE INFORMATION TO ME ETAC COMMITTEE FDA ACTION. [F'F� PA TRAP. A ' ': I C ®C �WAB ® 8 7 19. CNSNE WATER SYSTEM TO BE SIZED PER qtt REQ A.M. 20. THE OWOOD. SHOWNARY AND MILL BE OR MODIFIED AS THE LY UPON COMPLETION ON %tIW 10 ME ISSUANCE OF THE GRADING PERMT, ENAPPROVET GRADING PLAN HALL INCORPORATE YALL REQUIRED PATH . D W. W Ou /UTLHITY R ] OR '" ` P I PROP. %VIER W[DEE RB C 4 B a 12' NIT. STRUCTURAL BMPS 21. ME BMON SHOWN ON ME APPROVED SITE PLAN ARE ONLY PRELIMINARY AND MLL BE REVISED W MODIFED AS NECESSARY UPON CWPIEWN OF GROG TR - 0.0SI1 C ON. TH PROD P. TIRED E' G. PAW GAI 0 Y ME "ALP. PRIOR TO ME ISSUANCE OF ME GRAINING PERMIT, 11E APPROVED WAIVING/ U11Ltt FLAN HNl INCORPORATE ALL REWIRED p NL VI PROP. .F 0 �� C I_PAO(CWADO - - X. AEWAY BE RWO ) t PROP. TREE IX DW Q-� --- STRUCTURAL BMPa 22. ALL PROPOSED IMPROVEMENTS AS HOP! HEREON GO BE WNSTRUCIED AND INSTALLED BY SUBEINOER/DEV LOPER, AND/OR AT THE - - HBOMIER/OEVELWW'S DUI IN ACCORDANCE "M ME qtt DESION -CAR- AND SPECIFICATIONS, ME SANTA ANA MUNICIPAL CODE, PROP. 6' fW � I k-�--- - - - APPROVED S1REEi IMPROVEMENT PUNS AND REQUIREMENTS OF 11E STATE OF CAUFORNIA SUBDINSIW MAP ACT. PROP. II rWT # N) I' 23. APPROPRIATE PRIVATE BAC(FLOW PAEVENTER REQUIRED FOR ALL ARE SERVICE, DWESTC, AND LANDSCAPE WATER METER PER WADING AND STREEI - SS COPROP. FH (M EX. SS TO BI III IMPROVEMENT PANS. I' 24, STREET PAVEMENT MLL BE RESTORED FROM EACH OF THE FURTHEST ENDS WERE ME PROJECT REQUIRES DOTS IN THE PAVEMENT FOR ANY AND PROP, 8° DW ® AS NO W) I ALL DRY AND NET UDUTES. ALSO, ADDITIONAL PAVING MAY BE REQUIRED DURING STREET IMPROV ENT PUN CHECK OR DURING CONSIRUCTON INSPECTION DEFENDING ON THE CONFlGURATION CE ME UTILtt QUIS GRINDING OF A MININUN CE 3' W ME EXSTING ASPHN.i CONWEIE . - WC. 8' Eld F. - 1 2 ` N � H B IN 1 R PAVEMENT, AND CAPPING WITH 2:ASPHALT RUBBER HOT MIX OVER 1' ASPHALT PAVEMENT ALONG ME PROJECT MONTAGE ON HARBORBOUIFAAA CURB FlFIH STREET RILL WIDTH TO GUTTER UP. THE PAVEMENT THE PROJECT FRONTAGE, P_6°fW -,_PROP.6 CURB ROP - LANE AND ASPHALT IMPROVEMENTS ALONG AS INDICATED HEREON, ARE i0 REVISION AT ME PUBLIC DOOMS AC{NCYS SOLE DISCRETION BASER ON ME CONDITION DURING ME STREET IMPROYEMEN PROP. SSW `L' \ PROP. . \ f WGH EE ® PLAN HECK PHASE. PROD ACCE . GRAN FORMER UP. W 25 N GRIND AND OVERLAY AT OTHER LANES WILL W REQUIRED IF ME ASPHALT PAVEMENT IS CUT FOR ANY PURPOSE BEYOND ME ABOVE LOCATIONS. P P W 8 OW, nA > ® EE SI)YM 7 26. INSTALLATION OF DROUGHT TOLERANT LANDSCAPING IN THE PARKWAY AREA ALONG THE PROJECT FRONTAGE OF ARM STREET, PER THE qtt OF 8° SS BE 6 C BE II SANTA ANA PARKWAY IMPROVEMENT WIDEUNES IS REQUIRED. 7®yLy' 5' 13 '3' OP. fi° W e ,� d C p ;BAP 42' 50' 27. INSTALLATION OF 24' BOX STREET TREES ON HARBOR BOULEVARD AND SM STREET INCLUDING DEEP ROOT IRRIGATION SYSTEMS PER, CITY STANDARDS. CONTACT THE TREE SECTION HPERNSW IAT (714)-647-3337, FTORRES@SANTAANA.WG, FOR TREE SPECIES AND FOR THE NUMBER 2 - ' ® PR TU OR I. I - AND 92E OF REQUIRED TREE REPLACEMENTS. REVISED THE SITE PUN AND TENTATIVE TRACT MAP TO NOTE AND DEPICT THE SPECIES AND BOX SI s W B-W �BBJ I� DRIVEWAY -_ FOR EACH ME TO BE IN STALLED. p. Fl A Nt,�d1W 4 S A A A A A DN YN C ( U� AEII6VID)I IX VIDER 29. NEW WORK H28, SITE SHALL U INCLUDE NEW CONE MASH RES WIT. CONDUCTORS, BY LOCAL WASIE STREEMG TSAAND�SERVICEENT BOPEDESTAL(S), AS NEEDED. CITY STREEIUGHT STANDARDS ARE R_ I2EMNN) + W C A *r I P W ttP)W - d % i OI ( LL BO J III IX I VIP IS AVNUBLE ON ME CITY WEBSITE. CONTACT CESAR POOR GUEZ AT (714) 647-5626. CRODIQUEZSWSANTA-ANAWO FOR STREETLIGHT QUESTIONS 70. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT, THE APPLICANT IS TO 1) SUBMIT AND HAVE APPROVED DESIGN PLANS FOR THE R N ROP. 8' SS . 1Y m I OC (piy) -- OONSTRUCTION/RLLOCATON OF ANY PUBLIC UTILITIES (I.E., WATER, ARE SSTORM, ETC.) AND WSD TRUNK SEWER, 2) OBTAIN A STREET WORK PERMIT,, 3) CONsEnucT NL AFOREMENTONED IMPROVEMENTS, AND 4) HAVE THE IMPROVEMENTS ACCEPTED BY THE CITY ENGINEER AND/OR HIS REPRESENTATIVE PAGE TO ME ISSUANCE OF ANY BUILDING PERMIT. p_ ' P IV ATE W 3 RI E z _ ROPI CI . lA E A AIN) O m 4' COW 30. ALL DOSINGOVERHEADUTLTY ONES AND POWER POLES. SERVING PROJECT SITE, ALONG PROPERTY FRONTAGE ON ARM STREET WLL BE REMOVED. 31. ALL PROPOSED UMBIES FOR THIS W IMSON WILL BE UNWRWOUNDED. I, SSMH p pp. }' Q °' N IX 35' RC . 32. CONSTRUCTION OF ANY PROPOSED'ST DESIGN° BMPS (SUCH AS WALKWAYS MEN OPEN JOINTS, SIDEWALKS, PARKING LOT AISLES "M 41NMUM rn tiaiSL-r' BB -I ", 5.3' 5 - OR ( EMAN = WOMS, DRAINING SIDEWALKS INTO ADJACENT LANDSCAPING, INCOfRWATNG THE LANDSCAPE AREA INTO DRAINAGE SYSTEM, ETC.) TO WHOM E THE _ �(CIM IYPFRNOIS AREAS AND TO MAXIMIZE PFRYEABIUTY AND NATURAL ARUS REFER TO THE MOST CURRENT ORANGE COUNTY DAMP AND ME UD. 6' CURB ..I; ;_ �0I 18ILD D PRroIT IX IExA ZII EXISTING EASEMENTS: RESIDENTIAL PROJECT SUMMARY UTTER CI" CURB ) 4 o A Ac �' (To EREMMOD) ouGB mW nA MANS , "C{'fG" PR( DW A ON WCE�. 6 PROP PA LA PAWi 6.1' P . CU CL SDW(I )BY ® WNGES PLOTTED ITEM. 250o AC GHT. E C 7.6 15 5' SIGH SS(O AB P P Ctt5TI1. 1122, E I R IX C AL I I Ei 51E NiFA O3 EASEMLNT(S) FOR ME PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL i.801 AC DEUO6 Sq 'S BABY 5 LF '1�R0 RED (TO 25'X25' PA AN) OSLWCE AND ( THERETO AS SET FORM IN A DOCUMENT: " IN FAVOR OF: COUNTY OF ORANGE 13 BE 1�0 I,320 3 SBo+SAM, iPNOW p N _ ( WEO IX I} PL W 1,576 N 13.5BATH PUAPoSE: STREET PAID HIGHWAY PURPOSES y FL 2 3 W 1525 SF 3 .iBo+aBATN 33' I E 75 4 RECORDING DATE: OCTOBER 18, 1957 0 PL 4 6 "700 3 3BD+2BAM _WWWRTIATECTS �'^'""" T 2 AIN) A ® RECORDING NO: BOOK 4074, PAGE 548 OF OFFICIAL RECORDS IN REQUsuuuARr AS DESCRIBED MEREREQUIRE:(1.17 - E -1' 8�� AL r ) RES: m SPACSSPIHOE)MWq / O4 EASEMENR(S) FOR ME PURPOSES) SHOO BELOW AND RIGHTSIN O.FST 12 SPARE$ (0.25 m/NWq CURB, QU E H� IX CROSS W '^ E RESTRJPE�\' UGH NCIDERTAL THERER) AS SET FORTH IN A DOCUMENT: FROMno: OR VACES MEAL PROP per' PW P C R TO N) IX ( TO CAS VALVE PROP. REMAIN) SD"% u NSIBBUtt CWTINW WALK, MINE IN C (11 Mom) IN FAVOR W: COUNTY OF ORANGE rEs: yo PAGES (z 9' q PURPOSES GUEST. 6 SPACES PUBLIC f._ _P P OW POC tB _ - cn ---�A - PROP. LYP e 3 ---_ c ' IN mSI cnry .. cAn cA ry - ^ --- ry , C PA __ - - Gry -- ury - T q PURPOSE: STREET AND HIGHWAY RECORDING DATE: OCTOBER 25. 1957 D� SPnCE RECORDING 0. BOOK 4002, PAGE 20 CRICK RECORDS c n � a PROP EA PFOPETEA ry -- �/, - 'EI: � I fT' _- rglY .$P �ry (TU Ik flW01f)p) _ ry --- (TO RWO AT, y,� J -- -- tom" - (11") KIM REWIRED = IZ675 S (IU OF LOT BE) AFECIS 0.S DESCRIBED THEREIN TOTAL PROVIDED = ],Tt SF � EX WTI (i0 6E AEYOND) " c r m _-- U___ c �i __- W/ � WLWC S W ,tt _ I IN BE TI I d _ 0 VEPoAY fi 1"=20' LEGEND: NOTE: - CENTERLINE PROPOSED PAAENWi 0 10 20 40 AC: 7' MIN ---- EXISTING BOUNDARY PROPOSEDAD. NO PROPOSED GATES ONSITE (R CAP DARRIMDEC OVER I' AC) ---- PROPOSED BOUNDARY ® PROPOSED DECORATIVE PAVEMENT PREPARED BY: PREPARED FOR: CITY OF SANTA ANA PROJECT N0. ----- SETBACK PROPOSED EASEMENTS: DEPARTMENT OF PLANNING AND DEVELOPMENT OVEN-17 - ---- EXISTING LOT LINE PROPOSED OECWATAE PAVEMENT INDICATES AN EXSEVENT FOR INGRESS AND EGRESS FOR EMERGENCY PAID ❑A , V W A oleo WMK �lIm IWms CITY VEM M L SHEET SW EXISTING WALL ----- ADAPAMWTHAEL PROPOSED WALL PUBLIC SECURITY VEHICLE PURPOSES DEDICATED TO THE CITY OF SANTA PM4 e �, IRdnE GAlAigbM ozele p HOAEBULDIHG" LLC VESTING TENTATIVE TRACT MAP NO. 19328 / SIGHT DISTANCE TRIANGLE 1T 2 O/Po� z'I /'� I PURPOSES DEDICATED TO THE CITY OF SANTA ANA ©INDIGIES IN EASEMENT IXCLUSNE UNDERGROUND, NON-EXCLUSIvE SURFACE, PIALIC T • C1V1 �IND I II65UI INLo 4 'I1Wo®cVWxc'KT BoBd'mgN Fe " IRVINE, CA 92612 �,W {^��^/,y^,25 _ I OF 0 PROPOSED TURF `yUN AYIhu 1 1 </I BARLEY EASEMENT IN FAVOR OF THE CITY OF SANTA ANA W I '�W 'nNT PHONE (949) 256-7540 510 & 520 VX/ k�UK/GL1�4LEVARD r1 t Y UNIT 7YPE SANTA ANA, CALIFORNIA 92703 /�$ LOCI( WALL - (TO REMAIN) 5' SERMCK A� '. RETANING/ S PEEN WALL 27' RET. HT C • •U 4II, •L ' 1 I�I RETA IN L I SCRE111 WALL PROI I OP. RETAINII SCREEN WALL ^� Y�yR•�➢='I1Yd►�l PRELIMINARY GRADING & UTILITY PLAN TTM 19328, LOT 1 FOR CONDOMINIUM PURPOSES CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA x759 <ms I I III. PROP. SOAEEN/ LL Ei WALL SET HT _ N�RE P. 24' FEL N7 I ''" . DW LEGEND: .FRCP. SSMH t@IPRSSYXWI ETEA(TOFEIAAI CENTERLINE AALLi WNLRIMBiJ036 RIM---- EXISTING BWNDPRY 71351NV 79]ITCJ' AETHi ' .2 AET. Hi ]].SIR 74.N INV 78.07FS 7111 ,A ABA • AU/ • SSMH ETE1 0 - -- SETBACK 1.IR 1S3' � C w - --- EXISTING LOT LINE ISTING B 2' B --r� -E EXWALL C IX CABS o I PROPOSED WALL DW • I • (2) I Ex SIGHT DISTANCE TRIANGLE PROPOSED TURF PROPOSED POO PAVEMENT OR FF�78.WY PA0=77.A5 g S5 • PROPOSED AC: 31 OP. C S-IW i 12 W 1 "'111 x75I6 x75.5 2- CAP ARXM OVER 1' AC °' I FF=7L17 {p��y- • I • 4• MIDGE PAD=n.fi0 I ® PROPOSED DECORATIVE PAVEMENT °� �� 751 SFOALER LION AIL > • OPl RE. I III PROPOSED LANDSCAPE G A IO IX DW U - ADA PATS OF TRAVEL n.4 P + I TRASH 54 n.n02 aP.55 1_AROP-'PAIIO WK (TO REMAIN JpY�Jp C gAd iZ E . T P _ _ 111 2:1 SLOPE p-K'�p=B OF. C� ( EMWN) r -- - UNIT NUMBER -16.fi ]71 a°' • NN)Y UNIT TYPE D� 1_IgI 0 0 16' e' Dj ®_ - (TO BE AIDIN PROPOSED IMPROVEMENTS: Pam' "Dx e" IMPROVEMENTS AS SHOWN HEREON TO BE �� -- ---676,99%5- 76]OFS-6' 7 • 1 IX 1g' R.C. CONSTRUCTED AND INSTAUFD BY SULINDER/bEVELOPER, PRO . , 6' FW _ TU FS AIL/qt AT THE SUSIN- A/DEYLOPER'S EXPENSE IN ( UN A ANCE LTU THE q DESIGN STANDARDS AND 0' RIVAT . �l-y€ 76. - - - - - • SIREETSPECIRCIYFROVEMENATONSEi PUNSNTA ANA MUNICIPAL AND REOUIREMENT� OF 1NAPPEDWD SiAIE 20X 1"56 IN - 75.89FL^ 6'99 SIP -PROP R 12 CURB. UT19A OF CAUFORNIA SUBDINSSON MAP ACT. B LDE B( I - A LL 7s.47R g i T ® LmH III gp'S `, I STATEMENT OF IMPROVEMENTS: . %H P S.p iA M & UTTER • 4 APPROXIMATE IMPROVEMENTS PROPOSED BY THIS TENTATIVE MAP: IS q�] AC 0 ® 7 A (Z • 42 50 p �TF. 10 IA4�11 7 . FS DP. SSMN 7A�R r+C', 1. 595 IF PUBIC CURB AND GUTTER 0 WV-OUi W 6 PR; 55 C� UTL „ I 2. 4013 SF PUBLIC Ell ^ PROP. uaQ1 8' 7 BI N gg_nyg LAZE 16. 1 1 I 3. 29 LF 0' PUBUC WAVER MAIN 6 .J -mi x 7p71 N PAD-7fi.85 (�P') n.B 0P. DW EX. PB 4. S 251LF f I6 PUBICDO IPo2AE WATER AO . W J5d4 (L. s8. 9 INV-I T PROP. DW n.35 YI �iC/FS __'MX ( i All I �y, 0' VCP 55 ' (2) 71 IN j q1Y) 7. 1 PAW PUB IC DR I'.. . 1 IN FFa7L3g • J �` 7. 1 P 5F PILIIC DRIVEWAY 1C/ m 77 PROP. PAD=77.72 m BY B. 1 PUBLIC LS' IRRIG,ITION METER AND 1' 4ANCE a Dw a D« ^ s PR DW f ? - 1.35g Dw 4, 2 1G/FS a"mv PROP, � I "- I. 709 IF 6' PRIVATE FIRE WATER MAIN P m - 0' CUR R AN) mI 2. MO IF 8' PRIVATE SEWER MAIN N QI III `E%. fi'R.O . 4. 604IF PRIVATE CURB AND GUTTER TE STREET AC PAVEMENT 61S 17 ,1 , • I _ 1 ) 3 ( EMAN = / 5. 4.298 SF PRIVATE SIDEWALI( •E ELEC. 6. SOB OF PRIVATE V-GUTTER RQIN ) 1 DIN 7. 5 EA PRIVATE CURB RAMPS P P D 7 97 { 1 ' de' • 1 g 11}6'$DfiFL '� ?TS 2 LC 8. 898 LF 8' PRIVATE DON IC WATER U / (3 4. . 0 VAT/ NM(2�n F�L $ �a 9. 3 PRIVATE BACNROW PR TORS FOR IRRIGATION, DOME TO WATER, AND FIFE WATER pA�p V. 39FL U / gF=77.56 5 TU / ) P P. GO GJ IQ 9N LI' PRIVATE CURB ONLY V iVm) 1I 39JR PRQ. SD (p� PAD=76.g9 v r V ADS B Y W ( 70.9 d WIO SD'M(1 I 11. 100 IF PRIVATE 18"CUR S0 �7 4 g AL 1 12 I MODULAR WERAND SYSTEM (MWS) BIOFLTAATION CURB INLET B PN(4E E 5p�yp,L�,q 77 I 1 25'X25' PA / ) I 11 1 5TORMWATER SUMP PIMP SYSTEM 'arcT GIITPL -.. ...L � IY�ulag )STANCE I'TU _ `cv 14. 45 PUBLIC 1.5' DOMESTIC WRIER METERS AND SERVICES UVW x �03EA NO EPX. EX LEPRTOTPE.R C k R s)gK�AY -GAIN) AN) 4b Own, Q u. sDLPNw+ Y�AENAN A , 5 -I N STD. 1122 [EX. GROSS BIWRPPLED( NBBUN CONTINENTAL WALK, FNTIPoE NIEBSEC VYS(Pe _ I I (TO L -N - * 0 DW UIFRAL� EL CAN EX. ADRP (TO BEMAIN) POC EX. 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E ,WFESS1ay DEPARTMENT OF PLANNING AND DEVELOPMENT CVEN-17 $� p`'1, WJt �f IIMNE GAMigiIM aEOM2 CITY VENTURES SHEET ik _p HOAEBULDIK LLC VESTING TENTATIVE TRACT MAP NO. 19328 IN wo@- eullding It Forward City Council �� "' ' �S.I KEENING WNN WIN NET PH NE, CA 92612 G/G 2CO2 of +�."" uno NEERIl1No PHONE (sas) z56-Tsao 510 & 520 EVARD n a aun SANTA ANA, CALIFORNIA 92703 `t �& PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recordingpursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 510-520 North Harbor Boulevard; APN: 100-63-04,100-63-05 This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Agreement"), is made and entered into this day of , 2024, for reference purposes only, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Alminlo Properties, a California limited liability company ("Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 510 and 520 North Harbor Boulevard, Santa Ana, California, and legally described as set forth in Exhibits A-1 and A-2, which are attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to develop a residential development consisting of no more than forty five (45) units, five (5) of which are proposed as moderate income residential ownership units on the Property, as more particularly set forth in Density Bonus Application No. DBA-XXXN ("Project"). C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who restrict a portion of their residential development to moderate income households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 154 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL economic segments of the community and to provide a balance of housing opportunities throughout the City. D. 1—The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. E. F: hi light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Section 65915(d)(1)(2)(A) , the City has determined that the Project is eligible for one (1) incentive or concession, and waivers as prescribed by the State Density Bonus Law. F. G This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Affordability Covenants" means, restrictions on the sale and conveyance of the Property pursuant to California Government Code Section 65915 that ensure that the Property will be preserved for lower income housing for at least 55 years for owner -occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the California Health and Safety Code. 1.1.2 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.3 "Administrative Procedures Manual" shall mean the City's Administrative Procedures Manual: Ownership Housing Development, setting forth rules and regulations for the City's homeownership program. 55394.00101\n^^^'�.-.a4,7442998272.1 City Council 19 — 155 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 1.1.4 "Affordability Term" means the duration of the Affordability Covenants as set forth in Section 3-.23.1. 1.1.5 "Affordable Housing Cost" means the total housing costs paid by a qualifying Moderate Income Household in accordance with California Health and Safety Code Section 50052.5. 1.1.6 "Affordable Housing Resale Restrictions" means the restrictions imposed on each Affordable Unit that restrict sales to qualified Eligible Households pursuant to a local preference for families who live or work in the City of Santa Ana at an Affordable Sales Price, in the form of Exhibit B attached hereto. 1.1.7 "Affordable Sales Price" means the maximum sales price that can be charged for an Affordable Unit as set forth in Section 3-13.3.2. 1.1.8 "Affordable Units(s)" means the five (5) unit(s), which shall comprise of four (4) three -bedroom units and one (1) four -bedroom unit, which always must be proportionate to the unit mix for the property. Any change to the number, bedroom size, or distribution of Affordable Units is subject to City Manager approval. 1.1.9 "Agreement" means this Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions. 1.1.10 "Benchmark Down Payment" is a component of the Affordable Sales Price calculations. For the purposes of this Agreement, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price. The Benchmark Down Payment is used solely as a component for determining the Affordable Sales Price for an Affordable Unit. It does not represent a cap on the down payment amount that can be contributed by a Homebuyer. 1.1.11 "City" means the City of Santa Ana, California 1.1.12 "City Attorney" means the City Attorney for the City of Santa Ana. Shaw, Claudia [SC1] December 5, 1.1.13 "City Council" means the City Council of the City of Santa Ana.1 zoza 08:17 AM 1.1.14 "City Manager" means the City Manager for the City of Santa Ana. 1.1.15 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.16 "Declaration of Inclusionary Housing Covenants, Resale Restrictions and City's Option to Purchase Agreement" ("Declaration of Resale Restrictions") means the resale restrictions for prospective buyers in the form attached hereto as Exhibit B. 1.1.17 "Density Bonus Application" shall mean the Density Bonus Application No. XXXXX for the Project. 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 156 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 1.1.18 "Developer" means Alminlo Properties, a California limited liability company, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. 1.1.19 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to section 4.2 herein. 1.1.20 "Eligible Household" means a Household whose income does not exceed the "Moderate Income Household" qualifying limit as defined herein. 1.1.21 "Gross Household Income" means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements: (a) Except as provided in subdivision (b), all payments from all sources received by the head of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Household Income shall include, but not be limited to: (i) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; (ii) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); (iii) Interest and dividends; (iv) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); (v) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; (vi) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: (1) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus 4 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 157 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL (2) The maximum amount which the public assistance agency could in fact allow for the Household for shelter and utilities. (vii) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; (viii) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (b)(v)); (ix) Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity in real property other than the Household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. (b) The following items shall not be considered as income: (i) Casual, sporadic or irregular gifts; (ii) Amounts which are specifically for or in reimbursement of the cost of medical expenses; (iii) Lump -sum additions to Household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; (iv) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; (v) The special pay to a serviceman head of a Household away from home and exposed to hostile fire; local relocation law; (vi) Relocation payments made pursuant to federal, state, or (vii) Foster child care payments; (viii) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household; 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 158 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL (ix) Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: (1) National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. (c) National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE) 1.1.22 "Homebuyer" means an Eligible Household that has entered into an agreement to purchase an Affordable Unit in accordance with this Agreement. 1.1.23 "Household" means all the persons who will occupy the Affordable Unit as their primary residence. The size of a prospective Household must be compatible with the size of the Affordable Unit to be purchased. The minimum number of occupants is three (3) for the three -bedroom units and four (4) for the four -bedroom units. The maximum number of occupants is eight (8). A child who is subject to a legally -binding shared -custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. For the purpose of calculating the Household income and not the number of occupants, excluded from the definition of Household are live-in caregivers/caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household. 1.1.24 "Housing Cost" means and includes all of the following costs associated with ownership of an Inclusionary Unit as defined in Title 25 of the California Code of Regulations Section 6920: rate; improvements; (a) Principal and interest on a mortgage loan at the defined interest (b) Property tax and assessments; (c) Fire and casualty insurance covering replacement value of property (d) Property maintenance and repairs; (e) A reasonable utility allowance, as determined by the City; and (f) Homeowner Association assessments and dues. 1.1.25 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 159 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 1.1.26 "Moderate Income Household(s)" means a Household whose income does not exceed One Hundred Twenty Percent (120%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 1.1.27 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement. 1.1.28 "Project Approvals" means all approvals, conditions, and entitlements issued by the City, inclusive of the Planning Commission and City Council. 1.1.29 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.30 "State Density Bonus Law" means Government Code Section 65915, et seq., as they exist on the Effective Date. 1.1.31 "Supportable Mortgage" means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations. The mortgage calculation is based on the prevailing market interest rate for a 30-year fully amortizing mortgage with a fixed interest rate. The Supportable Mortgage shall be determined in accordance with the City's Administrative Procedures Manual, provided that it should be determined for a Moderate Income Household consistent with the requirements of this Agreement and State Density Bonus Law. 1.1.32 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below. 1.1.33 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement. 1.1.34 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A (1-2): Legal Description of the Property 1.2.2 Exhibit B: Declaration of Inclusionary Housing Covenants 1.2.3 Exhibit C: Income Verification Form 1.2.4 Exhibit D: Certification of Continued Occupancy 1.2.5 Exhibit E: Disclosure, Acknowledgment and Assumption Agreement DEVELOPMENT OF THE PROPERTY 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 160 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as forty five (45) single hofnesUnits, with five (5) Affordable Units for Eligible Households in accordance with this Agreement and the Project Approvals. 2.2 Density Bonus. The Project shall have forty five (45) Units, to be sold, owned, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is not requesting an increase in density and that this Agreement does not allow or approve an increase in residential density over the allowed density regulations of the City. Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional residential units on the Property under this Agreement. 2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application: 2.3.1 Concession. In accordance with Government Code Section 65915(d)(1), the Project is granted one (1) concession for relief from City Municipal Code Section 41-592.3 and SP-2, Ch. 3, Frontyard/Porch Frontage Type Configuration Requirement, contained at 1, on Page 3-9, which would ordinarily require the Project provide porch dimensions as follows: a minimum porch depth of 6 feet, a minimum porch width of 10 feet (for asymmetrical entries) and a minimum porch hei lit of 10 feet. Pursuant to the Project Approvals, the Project shall provide the following: (a) Clear ground floor height minimum of nine feet -one inch (9'-1" ); (b) Porch depth minimum of four feet (4') (measured from face of landing to building facaa e); and, (c) Asymmetrical entry width minimum of nine feet -six inches (9'-6"l. 2.3.2 Waivers. In accordance with Government Code Section 65915(e), provided the Project complies with the Project Approvals, the Project is granted the following waivers or reductions from Onsite Open Space Requirements: (a) The requirement of City Municipal Code Section 41-592.3 and SP-2, Ch. 3, Table 3-9, to provide minimum private open space of 90 square feet per unit is waived for eighteen (18) units. (b) The requirement of City Municipal Code Section 41-592.3 and SP-2, Ch. 3, Table 3-9, for minimum private open space dimensions is reduced from six (6) feet to four feet -six inches (4'-6"). (c) The requirement of City Municipal Code Section 41-592.3 and SP-2, Ch. 3, Table 3-9 for common open space is reduced from 12,219 square feet, which is 15% of the lot area, to 3,853 square feet. 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 anonymous [2] December 4, 2024 06:14 PM _....:_ City Council 19 — 161 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 2.4 Parkinjz Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p). The Project shall provide not less than ninety nine (99) parking spaces. 2.5 No Further Concessions. Incentives, or Waivers. Developer acknowledges and agrees that no further concessions, incentives, waivers or parking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.6 Unit Mix. 2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than forty (40) Unrestricted Units, as set forth in Section 2.6.3, below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than five (5) Affordable Units, for Moderate Income Households, as set forth in s.� Section 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with the Project Approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.6.3 Unit Mix. Four (4) Affordable Units shall be three -bedroom units and one (1) Affordable Unit shall be a four -bedroom unit. The Affordable Units shall be consistent with the Project Approvals for approved for the Project. 2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 162 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL of approval issued by the City Council and City's Planning Commission for the Project, inclusive of the Project Approvals. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary. 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 2.10 Mechanic's Liens, Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.2 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. 3.1 Total Affordability Term. Subiect to the requirements of California Government Code Section 65915(c)(2)(A)(ii)(III), each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term") as required by City Municipal Code Section 41-1902. The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City. 3.2 34 Memorializing Commencement of Total Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Total 10 55394.00101\n^^^'�.-.a4,7442998272.1 Brown, Judson [BJ3] December 5, 2024 09:26 AM Fix ns City Council 19 — 163 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 34 Levels of Affordability. 3.3.1 344 Moderate -Income Households. Subject to the terms of Section 5, Developer covenants that no less than five (5) Affordable Units in the Project shall at all times during the Density Bonus Housing Agreement Term be sold or conveyed to, or preserved for "aerate Ineeme Households, and will be sold or reseld onto to Moderate IneomeEl Households. 33..3—.2 3r.-.Affordable 14E)meewnetA1jp.Sales Price. Developer covenants that, during the Affordability Term, each Affordable Unit shall be sold to, or held vacant for sale to, an Eligible Household for an Affordable Sales Price. 2 nfr ..,,able c.,,o. Rriee The Affordable Sales Price is equal to the sum of the Supportable Mortgage plus, if applicable, the Benchmark Down Payment. Prior to the sale of any Affordable Unit, Developer shall provide the City with at least thirty (30) days' written notice of the determined amount, and the City shall have ten (10) days to approve or disapprove of the proposed Affordable Sales Price. The Affordable Sales Price for Affordable Units shall be adjusted quarterly until all Affordable Units are sold and, thereafter, determined in connection with each re -sale, as applicable. 3.4 Notice to City. Prior to entering into an agreement for the transfer of an Affordable Unit, Developer shall provide at least thirty (30) days written notice to the City, along with a proposed written agreement setting forth the terms of the sale, including the proposed Affordable Sales Price. 3.5 373--Homebuyer Documents. The sale of each Affordable Unit is subject to satisfaction of the following conditions: 3.5.1 3r.3r.1 Each Homebuyer shall execute the Declaration of Resale Shaw, Claudia [SC4] December 5, Restrictions , eacYof which shall be recorded against the Affordable Unit. 2024 07:41 AM 've do not X—ute a- -preffliseFy Note 1............... a «...1dag a 19a 3.5.2 The Declaration of Resale Restrictions shall provide for the terms of resale and the distribution of proceeds from any sale, as follows: (a) RESERVED (PENDING DER REVIEW IN 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 164 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Fifteen Thousand Nine Hundred Sixty Seven Dollars and Ninety CeA ($15,967.90), will be charged to the Developer and must be paid prior to execution of this Agreement. 4.2 Recording of Documents; Priority. 4.2.1 Prior to issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and Project for the Term of this Agreement. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.2.2 The Agreement shall be recorded against the Property and have priority over those matters of public record, except as approved in writing by the City; provided, however, prior to issuance of a certificate of occupancy (or its equivalent) for the Project, the Parties may execute an amendment to this Agreement or other appropriate instrument that ensures that the requirements of this Agreement are properly recorded against each Affordable Unit and memorializes Owner's obligation to provide the Affordable Units on a for -sale basis in accordance with this Agreement and, upon the recording of such instrument as to the individual Affordable Units, the City may determine, in its sole and absolute discretion, to a release of this Agreement to the Property as a whole. 4.2.3 Prior to issuance of a certificate of occupancy (or equivalent) for any Unit, Developer, at its sole cost and expense, shall deliver to City evidence that this Agreement is senior to any other lien, deed of trust, mortgage, or other interest in the Property or the Project. The City shall have not less than ten (10) days to determine, in its sole and absolute discretion, that this Agreement (or an amended version of the Agreement restricting the Affordable Units) has senior rights. If City disapproves the evidence provided by Developer, then Developer agrees and acknowledges that City may withhold a certificate of occupancy unless and until Developer provides evidence satisfactory to the City demonstrating priority of this Agreement or an amendment thereto. 4.3 Occupancy Levels. RESERVED 12 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 165 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 4.4 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. 4.5 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Developer and each Homebuyer shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Homebuyer of the Affordable Unit which will be inspected, or (ii) at least 48 hours' notice to Developer, which shall promptly give notice to Owners of the Affordable Unit to be inspected. 4.6 Preparation and Recordation of Transfer Documents. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the City Loan Documents for each Affordable Unit to Eligible Households required by Section 3 of this Agreement. Developer shall not sell an Affordable Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Household for the purchase of the Affordable Unit, and the Homebuyer has executed and submitted to the Program Director, in recordable form, the Declaration of Resale Restrictions, and the approved financing for the Homebuyer. 4.7 Selection of Homebuyers. Except as otherwise provided for in this Agreement, Developer shall be responsible for the selection of Homebuyers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.8 Income Verification and Certification. Developer shall verify income of prospective Homebuyers and certify the verification to the City. In evaluating prospective Homebuyers, Developer shall consider the following sources of income in order of preference: (i) employment income; (ii) business income; (iii) income from Social Security, Supplemental Security Income (SSI), welfare, disability, or pension payments; and (iv) alimony or child support. To verify income, Developer shall comply with the procedures set forth in Section A-3 of the Administrative Procedures Manual. Subject to the foregoing preferences, Developer shall consider Gross Household Income from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. Within fifteen (15) days of delivery of an executed contract for purchase of an Affordable Unit by a prospective Homebuyer, Developer shall provide City with the Income Verification Form set forth in Exhibit C and the Certification of Continuing Occupancy set forth in Exhibit D. ccupanc Requirements. he Owner shall occupy and continually use the Inclusionary Unit as the Owner's Primary Residence during the Affordable Covenant. On an annual basis, the hnclusionary Program Director will send the Owner an Occupancy Recertification Form to be filled out and returned to the City within thirty (30) days of receipt. The Owner shall affirm that they are occupying the Inclusionary Unit as their Primary Residence. 13 55394.00101\^^^^'Tr.-.a4,7 ' 42998272.1 Brown, Judson [BJS] December 5, 2024 09:32 AM Shaw, Claudia [SC6] December 5, 2024 07:50 AM The City does not manitaf of ean"et inspeetions for Cef Sale pfopefties. The r:t., sends out a e...a....vee..u:eaaia . letter City Council 19 — 166 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL The Owner will be required to submit copies of two current utility bills, or other evidence of occupancy that is acceptable to the City, as part of the annual recertification process. 4.9 Declaration of Resale Restrictions For each sale of an Affordable Unit, Developer and the proposed buyer shall execute and, a Declaration of Resale Restrictions, in a form substantially similar to Exhibit B, which is attached hereto and must be executed by the parties prior to any transfer of the Property. 4.10 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.11 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the "CFH Plan"), which includes the following provisions: (a) Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras; (b) Requiring routine unit inspections; (c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and (d) Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well -lit, kept clean, etc.). Developer shall submit and obtain approval from the City's Planning and Building Agency ("PBA") that the CFH Plan meets the requirements of this Subsection 4.12 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager. 4.12 Onsite Parkin; Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take the following measures to manage the parking 14 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 167 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. (a) Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the onsite parking spaces for both residents and guests; (b) Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and (c) Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang -tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the "PMP") including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.13 Marketing and Resident Selection Plan. 4.13.1 Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval of a marketing program and resident selection plan for the sale of the Affordable Units at the Project ("Marketing Program"). The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the sale of the Affordable Units. 4.13.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed homebuyer selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, Affordable Unit offer and assignment for selected homeowners, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 4.13.3 Non -Discrimination in Housing. Developer, and any successors in interest, shall not discriminate any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial or marital status, disability, veteran or military status, genetic information, political affiliation or opinion, medical condition, pregnancy or pregnancy -related condition, or condition of physical or mental disability or other handicap, age, or source of income or status with regard to public assistance in the transfer, use, occupancy, tenure or enjoyment of the Property or the Affordable Units, and the Developer, or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to 15 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 168 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL the selection, location, number, use or occupancy of any Homebuyer or resident of the Property or the Affordable Units. TERM OF THIS AGREEMENT 5.1 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall continue until the expiration of the Affordability Term for all Affordable Units, as set forth in Section 3-43.1, above. DEFAULT AND TERMINATION; INDEMNIFICATION 6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Parry may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 6.2 Remedies. 6.2.1 Any individual who sells or rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to City all monetary amounts so obtained. 6.2.2 City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to: (a) Actions to revoke, deny or suspend any permits and/or certificate of occupancy; (b) Actions for injunctive relief, damages, or other monetary relief, and (c) Civil citations or penalties. 6.3 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 6.4 Waiver of Speculative, Consequential, or Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any 16 55394.00101\n^^^'�.-.a4,7442998272.1 City Council 19 — 169 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL right to collect speculative, consequential, punitive or other indirect damages against the other Party. Developer acknowledges the protections of Civil Code Section 1542 relative to this waiver and release, which section reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. BY INITIALING BELOW, DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION. DEVELOPER'S INITIALS 6.5 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any claims, demands, or causes of action arising from or related to this Agreement, including the approval thereof, except to the extent caused by the active negligence or willful misconduct of Indemnitees. ASSIGNMENT; COVENANTS RUN WITH THE LAND 7.1 Assignment by Developer. 7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 7. If Developer seeks to sell, transfer or assign the Property or Project, or any rights and obligations in this Agreement, Developer shall request City's written consent, and City shall respond within thirty (30) days with a written approval or denial, which City may determine in its sole and absolute discretion. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the request within thirty (30) days shall be deemed an approval. 7.1.2 Sale of Property. Developer agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on 17 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 170 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project sell the Affordable Units in accordance with the covenants, conditions and restrictions of this Agreement. 7.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 7.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. MISCELLANEOUS 8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 18 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 171 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 8.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 8.3 Notices. 8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: thninlo Properties 19 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 172 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL A California ing� company 8.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 8.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 8.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 8.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 8.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 8.8 Joint and Several Obli atg ions. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 8.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 8.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 8.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 20 55394.00101\n^^^'�.-.a4,7442998272.1 City Council 19 — 173 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 8.12 Non -Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, gender, gender identity, gender expression, marital status, sexual orientation, familial status, source of income, veteran or military status, age, national origin, ancestry, disability or genetic information, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 8.14 Force Mai eure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or to the extent allowed by law, in the federal court district covering 21 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 174 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL the City, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 8.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 8.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 8.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the duration of the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property, the Affordable Units, or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. 22 55394.00101\n^^^'�.-.a4,7 ' 42998272.1 City Council 19 — 175 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL 8.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 8.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. {Signatures on following page} 23 55394.00101\n^^^'�.-.a4,7442998272.1 City Council 19 — 176 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: [NAME] Jennifer 14a!!C�tHall City Clerk APPROVED AS TO FORM: By: [NAME] City Attorney RECOMMEND FOR APPROVAL: Michael Garcia Executive Director Community Development Agency 24 55394.00101\n^^^'�.-.a4,7442998272.1 CITY OF SANTA ANA Alvaro Nunez City Manager Alminlo Properties, a California limited liability company By: Its: City Council 19 — 177 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: [TO BE ADDED] 25 55394.00101\n^^^'�.-.a4,7442998272.1 City Council 19 — 178 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL EXHIBIT B DECLARATION OF INCLUSIONARY HOUSING COVENANTS, RESALE RESTRICTIONS AND CITY'S OPTION TO PURCHASE AGREEMENT [TO BE ADDED] 26 55394.00101\n^^^'�.-.a4,7442998272.1 L ur City Council 19 — 179 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL EXHIBIT C INCOME VERIFICATION FORM [TO BE ADDED] 27 55394.00101\n^^^'�.-.a4,7442998272.1 City Council 19 — 180 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL EXHIBIT D CERTIFICATION OF CONTINUED OCCUPANCY [TO BE ADDED] 28 55394.00101\n^^^'�.-.a4,7442998272.1 City Council 19 — 181 5/6/2025 PLANNING COMMISSION DRAFT SUBJECT TO CITY COUNCIL APPROVAL EXHIBIT E DISCLOSURE, ACKNOWLEDGEMENT AND ASSUMPTION AGREEMENT [TO BE ADDED] 1 55394.00101\n^^^'�.-.a4,7442998272.1 29 City Council 19 — 182 5/6/2025 Summary report: Litera Compare for Word 11.10.1.2 Document comparison done on 12/5/2024 2:58:35 PM Style name: Default Style Intelligent Table Comparison: Active Original filename: 510-520 N. Harbor Blvd —Draft Density Bonus Agreement DRAFT 12.4.24-c1 CS JB 002 .docx Modified DMS: iw://bbklaw-mobilit .imana e.work/iMana e/42998272/1 Changes: Add 56 Delete- 52 Move Rom 0 Move To 0 Table hisert 0 T..lrc[vicvL-44e 0 Table moves to 0 Table «...ye G...... 0 Embedded Graphics Visio, ChemDraw, Images etc. 0 Embedded Excel 0 Format changes 0 Total Changes: 108 City Council 19 — 183 5/6/2025 ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 510 N Harbor To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 11/29/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $146.20 Total $146.20 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 OR# 3874725 NOTICE OF PUBLIC HEARING BEFORE THE SANTAANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 510 and 520 North Harbor Boulevard located within the Harbor Mixed Use Transit Corridor Specific Plan (SP2) zoning district. Project Applicant: Kim Prijatel (Applicant) representing Clark Beyer of Alminlo Properties, LLC (Property Owner) Proposed Project: Applicant is requesting approval of Vesting Tentative Tract Map (VTTM) No. 2024-02 (County Map No. 19328) and Density Bonus Agreement (DBA) No. 2024-02 to allow the construction of a 45 unit, two to three- story residential townhouse development for the above -mentioned properties. The development will include five units affordable to moderate -income households earning 80-120 percent of the area median income (AMI). The project will utilize waivers and a concession from development standards through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code Section 41-1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15195 (Residential Infill Exemption), as this project meets all the thresholds criteria set forth in Section 15192 (Threshold Requirements for Exemptions). Meeting Details: This matter will be heard on Monday, December 9, 2024, at 5:30 p.m. in the City Council Chambers, 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/planning-and- bui Iding-meeting-partici pation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https:llsanta- ana.pdmegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Nancy Tran with the Planning Division by phone at (714) 667- 2740 or by email at NTran5@santa- ana.org. Note: If you challenge the decision on the above matter, 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 Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. NeucanlienIacb5ngti6ngVi6t, An di e n tho a i cho Tony Lai s o (794) 565-2627. 11/29/24 OR-3874725# ' 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 SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Protect Location: 510 and 520 North Harbor Boulevard located within the Harbor Mixed Use Transit Corridor Specific Plan (SP2) zoning district. Project Applicant: Kim Prijatel (Applicant) representing Clark Beyer of Alminlo Properties, LLC (Property Owner) Proposed Project: Applicant is requesting approval of Vesting Tentative Tract Map (VTTM) No. 2024- 02 (County Map No. 19328) and Density Bonus Agreement (DBA) No. 2024-02 to allow the construction of a 45 unit, two to three-story residential townhouse development for the above -mentioned properties. The development will include five units affordable to moderate -income households earning 80-120 percent of the area median income (AMI). The project will utilize waivers and a concession from development standards through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code Section 41-1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15195 (Residential Infill Exemption), as this project meets all the thresholds criteria set forth in Section 15192 (Threshold Requirements for Exemptions). Meeting Details: This matter will be heard on Monday, December 9, 2024, at 5:30 p.m. in the City Council Chambers, 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/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeComments(a)santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal. City Council 19 — 185 5/6/2025 Who To Contact For Questions: Should you have any project questions, please contact case planner Nancy Tran with the Planning Division by phone at (714) 667-2740 or by email at NTran5 _santa-ana.orq. Note: If you challenge the decision on the above matter, 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 Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. 1000' RADIUS NOTIFICATION MAP North Harbor Boulevard �,rw4az � Ocampo, Nuvia From: Patrick Chien <pachienl @gmail.com> Sent: Friday, December 6, 2024 3:08 PM To: eComments, PBA Cc: Tran, Nancy Subject: 12/9/2024 Planning Commission Hearing, Agenda Item #2: VESTING TENTATIVE TRACT MAP (VTTM) NO. 2024-02 AND DENSITY BONUS AGREEMENT (DBA) NO. 2024-02 FOR THE PROPERTY LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD LOCATED WITHIN THE HARBOR MIXED USE TRANS... Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Chairwoman Oliva and Santa Ana Planning Commissioners, My name is Patrick Chien and I am writing to express my support for City Ventures' proposed 45-unit residential townhouse project located at 510-520 N Harbor Blvd. As a working professional in my 30s who just purchased my first home in Santa Ana earlier this year, I support more affordable and attainable housing opportunities, along with more diverse housing options in the city. While Santa Ana is to be applauded for being ahead of the curve in approving rental housing projects versus the other 33 Orange County cities, Santa Ana still suffers from a lack of affordable for -sale housing options for first-time homebuyers. The for -sale housing shortage also hurts the local economy by making it increasingly difficult for local businesses to attract and retain workers like me. While no one development project will be able to fully alleviate the housing crisis in Santa Ana and Orange County, more opportunities like this provide the ability for prospective first-time homebuyers like me to attain the American dream of homeownership and wealth creation. The proposed 45-unit mixed income project will also allow people who grew up in Santa Ana to find an affordable home to stay and raise their own families in the city. On behalf of working professionals like myself, I urge you to support the approval and implementation of this mixed -income homeownership project. This will help create homeownership opportunities for Santa Ana residents and also help create a stronger local economy for our businesses. Thank you for your attention to this matter and please do not hesitate to reach out if you require any further information. Regards, Patrick Chien City Council 19 — 188 5/6/2025 Ocampo, Nuvia From: Elizabeth Hansburg P4H <elizabeth@peopleforhousing.org> Sent: Friday, December 6, 2024 4:57 PM To: eComments, PBA; Tran, Nancy Cc: Thai, Minh Subject: 12/9 PC Meeting - SUPPORT Agenda Item #2 -- Townhomes on Harbor Blvd Attachments: P4H Support Letter - Santa Ana -City Ventures Townhome Project Dec 2024.pdf [Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Ms. Oliva and Members of the Planning Commission, Please find attached our letter in SUPPORT of the Townhome project proposed on Harbor Blvd. Thank you for your consideration of our input. Best regards, Elizabeth Hansburg Co -Founder & Director 714-872-1418 City Council 19 — 189 5/6/2025 FOR yoG�\ 9 2 a c+ Orange County / Fighting for a future of abundant housing in Orange County. peopleforhousing.org Ms. Jennifer Oliva, Chair Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92701 Via email to: PBAecomments(@santa-ana.org, ntran5(cDsanta-ana.org, and mthaiPsanta-ana.org Re: SUPPORT Item #2 on 12/9: City Ventures - 45 Townhome Units on Harbor Blvd December 6, 2024 Dear Chair Oliva and Members of the Santa Ana Planning Commission, I am writing on behalf of People for Housing OC to express our strong support for the proposed 45-unit townhome development by City Ventures, located on Harbor Boulevard in Santa Ana. People for Housing OC is the Yes In My Backyard (YIMBY) organization for Orange County, California. We represent Orange County residents who support more affordable and attainable housing opportunities and more diverse housing options in our communities. We are especially concerned about the dearth of housing affordable to first-time homebuyers, many of whom are looking for a townhome, condominium, or other multifamily homeownership opportunity. The proposed 45-unit townhome development by City Ventures on Harbor Boulevard addresses Santa Ana's pressing housing needs by offering a range of for -sale housing options, including five affordable units for moderate -income families, thereby filling a critical "missing middle" gap in the housing market. The project represents smart growth by transforming underutilized land into a thoughtfully designed, two- to three-story townhouse community, and increasing housing density in a location well -supported by existing infrastructure and amenities. Its commitment to affordability ensures moderate -income households can achieve homeownership, fostering socioeconomic diversity and equity in Santa Ana. Furthermore, the development adheres to California's Density Bonus Law and Santa Ana's Municipal Code, City Council 19 — 190 5/6/2025 aligning with state and local policies aimed at mitigating the housing crisis and promoting sustainable growth. We understand that new developments can sometimes raise concerns from neighbors. However, projects like this one are essential to creating thriving, diverse, and sustainable communities. Santa Ana has a rich history of welcoming change and growth, and this project aligns with the city's forward -thinking approach. We urge you to approve Vesting Tentative Tract Map (VTTM) No. 2024-02 and Density Bonus Agreement (DBA) No. 2024-02 for this project. By doing so, you will support an initiative that not only addresses Santa Ana's housing challenges but also provides homeownership opportunities for current and future residents to build their futures in this vibrant city. Thank you for your consideration and for your continued leadership in addressing the housing needs of Santa Ana and Orange County. Sincerely, Elizabeth Hansburg Cofounder & Director V0R yOG\ � 2 a c+ \ Orange County / Fighting for a future of abundant housing in Orange County. peopleforhousing.org 2 City Council 19 — 191 5/6/2025 Police Department www.santa-ana.org/pd Item # 20 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide AGENDA TITLE Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide RECOMMENDED ACTION Conduct a first reading and adopt an ordinance adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code prohibiting the sale or distribution of nitrous oxide: ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE GOVERNMENT CODE §84308 APPLIES: No DISCUSSION This Ordinance is proposed by the Police Department in response to concerns from the City Council and community about the increasing misuse of nitrous oxide for recreational purposes, which poses risks to public health and safety. Adopting this ordinance will bring the City on par with other regional jurisdictions who have adopted similar ordinances and aid in preserving and protecting public health. Nitrous oxide, commonly known as "laughing gas," "nox," or "whippets," is a colorless, odorless gas legitimately used in medical, dental, industrial, and food production settings. However, the recreational misuse and abuse of nitrous oxide due to its intoxicating effects has surged regionally and within Santa Ana. The surge in use is driven by its affordability and accessibility through retail vendors who sell the nitrous oxide due to loopholes in existing law. Medical studies highlight significant health risks associated with the City Council 20-1 5/6/2025 Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide May 6, 2025 Page 2 recreational misuse of nitrous oxide. Within Santa Ana, nitrous oxide poses a growing threat to public safety. The possession and sale of nitrous oxide is currently regulated under the California Penal Code Section 381: It is illegal to possess nitrous oxide with the intent to breathe, inhale, or ingest the substance in order to get intoxicated under Penal Code section 381 b. It is illegal to sell, furnish, administer, distribute, or give away nitrous oxide, or offer to do so, to a person under 18 years of age under Penal Code section 381 c. Also, Penal Code section 381 e requires that a person dispensing or distributing nitrous oxide keep records of each transaction, available for inspection to law enforcement and employees of the California State Board of Pharmacy. Finally, under Penal Code section 381 d, a person who dispenses or distributes nitrous oxide to any person, and knows or should know that the person to whom they are dispensing or distributing nitrous oxide intends to breathe, inhale, or ingest the substance, is guilty of a misdemeanor if that person causes great bodily injury or death to themselves or another person. Despite existing state law, the recreational misuse and abuse of nitrous oxide continues. Currently, the City does not regulate the sale of nitrous oxide. In the absence of such regulation, nitrous oxide remains available for misuse through sales to individuals who intend to misuse the product. Local regulation of nitrous oxide will preserve and protect public health by dissuading sellers of nitrous oxide products from selling to individuals whom they know, or have reason to know, intend to use the product for illegal purposes. The proposed ordinance would prohibit any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide. The ordinance would not apply in the following exempt circumstances: If the nitrous oxide is contained in a food product for use as a propellant; If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in subsection (d) of section 10-901. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of section 10-902; If the nitrous oxide or device being sold, attempted to be sold, offered, or distributed is specifically designed for the purpose of enhancing vehicle performance; City Council 20 — 2 5/6/2025 Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code Prohibiting the Sale or Distribution of Nitrous Oxide May 6, 2025 Page 3 If the nitrous oxide being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations; If the nitrous oxide or device being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy; Or any other circumstances explicitly exempted under law. Every violation of the provisions of this ordinance may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or City Attorney, and, upon conviction thereof, shall be punishable as provided for in Section 1-8 of the Santa Ana Municipal Code. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nunez, City Manager City Council 20 — 3 5/6/2025 i00:u211111111111i ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) PROHIBITING THE SALE OR DISTRIBUTION OF NITROUS OXIDE WHEREAS, the City of Santa Ana (City) is empowered pursuant to California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City is specifically empowered by the California Health and Safety Code, Section 101450, as may be hereafter amended or renumbered, to take measures as may be necessary to preserve and protect the public health, including the adoption of ordinances, regulations, and orders not in conflict with the general laws; and WHEREAS, Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products; and WHEREAS, Nitrous Oxide is also subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive; and WHEREAS, the recreational misuse and abuse of Nitrous Oxide can cause permanent vitamin deficiencies in the blood, and can cause long-term neurological effects, including paralysis and death; and WHEREAS, the incidence of Nitrous Oxide recreational misuse and abuse has been on the rise within the county, nationally, and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse; and WHEREAS, the City does not currently regulate the sale of Nitrous Oxide and finds and declares that in the absence of local regulation, Nitrous Oxide remains subject to significant risk of misuse and abuse through sale to individuals who intend to misuse or abuse the product; and WHEREAS, the City desires to regulate the sale of Nitrous Oxide in order to preserve and protect public health and to dissuade sellers of Nitrous Oxide products from selling to individuals which they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation). Ordinance No. NS-XXX Page 1 of 5 City Council 20 — 4 5/6/2025 THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. New Article XIV is hereby added to Chapter 10 of the Santa Ana Municipal Code (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) to read in full as follows: ARTICLE XIV. - PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE Sec. 10-900. - Authority and Purpose. This article is enacted pursuant to the City's plenary police powers to protect the public safety, health and welfare. The express purpose of this article is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, which is a dangerous gas that may be illicitly used as an intoxicant. Sec. 10-901 - Definitions. For purposes of this article, the following definitions apply. (a) "Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide. (b) "Nitrous oxide" means the colorless nonflammable gas sometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as "laughing gas," "NOX," "galaxy gas," "whippits," amongst others. (c) "Person" means any individual or legal entity however constituted or organized. (d) "Wholesale capacity" means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters). Sec. 10-902 - Prohibition on Sale or Distribution of Nitrous Oxide. Except as otherwise explicitly authorized by law or allowed under this article, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person Ordinance No. NS-XXX Page 2 of 5 City Council 20 — 5 5/6/2025 nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide. Sec. 10-903 - Exceptions to Prohibition. This article does not apply to the sale, attempt to sell, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following exempt circumstances: (a) If the nitrous oxide is contained in a food product for use as a propellant. (b) If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in subsection (d) of section 10-901. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of section 10-902. (c) If the nitrous oxide or device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle. (d) If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations. (e) If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code§§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy. (f) Or any other circumstances explicitly exempted under law. Any sales or distributions of Nitrous Oxide contemplated under this section shall comply with all documentation requirements set forth in California Penal Code §381 e. Sec. 10-904 - Violations and Penalties. Every violation of the provisions of this article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in Section 1-8 of this Code. Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense. Alternatively, violations may be addressed through the use of an administrative citation as set forth in Sections 1-21.1 through 1-21.9. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief Ordinance No. NS-XXX Page 3 of 5 City Council 20 — 6 5/6/2025 and civil penalties in court for violations of this article. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of section 10-902. Sec. 10-905 - Severability. If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced. Secs. 10-906 — 10-999. - Reserved Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed ordinance falls within the "common sense" CEQA" exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Section 3. This ordinance shall become effective thirty (30) days after its adoption. Section 4. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2025. Valeria Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho�Cityy Attorney By' Jonathan T. Martinez' Assistant City Attorney Ordinance No. NS-XXX Page 4 of 5 City Council 20 — 7 5/6/2025 AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX Page 5 of 5 City Council 20 — 8 5/6/2025 Planning and Building Agency www.santa-ana.org/pb Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Amendments to the Transit Zoning Code (SD-84) Zoning District and Citywide Zoning Map AGENDA TITLE Public Hearing - Resolution to Make Findings and Adopt Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 Amending Certain Sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Addressing Industrial Land Uses, Nonconformities, and Operating Standards, and Amending the City of Santa Ana Zoning Map to Remove the Light Industrial (M1) and Heavy Industrial (M2) Suffixes from Certain Properties Within the SD-84 District Boundary Public Hearing continued from April 1, 2025 City Council meeting and notice was posted on April 2, 2025. RECOMMENDED ACTIONS Adopt a resolution to make findings pursuant to Public Resources Code and to adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100). Pursuant to the California Environment Quality Act (CEQA), and based on independent review and analysis, and the administrative record as a whole, that, in exercising its independent judgement, amend TZC SD-84 Final EIR with an addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR was accordingly prepared. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER NO. 2006071100) 2. Adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD-84)) of Chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the UgrGodMgct; modifying the authorized larA Lsps and permit types; _TiB 220I,jEqiing ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 2 revised non -conforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and non -conforming uses. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 2024-02, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES 3. Adopt an ordinance to approve Amendment Application (AA) No. 2024-03 amending the zoning by removing the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map. ORDINANCE NO. NS-XXXX entitled AMENDMENT APPLICATION (AA) NO. 2024- 03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SANTA ANA BY REMOVING THE M1 (LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL) SUFFIXES FROM CERTAIN PROPERTIES WITHIN THE SD-84 ZONING DISTRICT BOUNDARY GOVERNMENT 484308 CODE APPLIES: Yes EXECUTIVE SUMMARY On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the SD- 84 Zoning District. 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. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to City Council 21 — 2 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 3 generate recommendations to the Planning Commission and City Council. The extension period concluded on April 15, 2025, and the moratorium is no longer in effect. Based upon City Council direction to develop proposed permanent regulations, and the research and analysis of the issues herein, staff has prepared Zoning Ordinance Amendment (ZOA) No. 2024-02 proposing to amend certain sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX, The Transit Zoning Code, Specific Development (SD) No. 84 zoning district. The ZOA proposes amendments that would modify the list of land uses and permit types, including the deletion of industrial land uses; amend nonconforming regulations, including the addition of an amortization process/termination of use process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps. A second ordinance, Amendment Application (AA) No. 2024-03, proposes to delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map. City Council Action on April 1, 2025 At the April 1, 2025, City Council meeting, the City Council voted 4:0:0:3 to continue ZOA No. 2024-02 & AA No. 2024-03 to the regularly -scheduled City Council meeting on May 6, 2025. No staff presentation or public hearing on the item took place during the April 1, 2025 meeting. DISCUSSION The Transit Zoning Code/Specific Development No. 84 The SD-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 as established residential communities. The TZC is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (1-5) Freeway. Prior to the implementation of the TZC, the area consisted of a wide range of civic, commercial, industrial, and residential land uses regulated by varying zoning districts. In June 2010, the City Council adopted Ordinance No. NS-2804, creating the TZC, whose purpose was to establish 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 design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures. In July 2019, the City Council adopted Ordinance No. NS-2970, amending the TZC to modify certain design criteria regulating height, massing, open space location, City Council 21 — 3 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 4 driveway standards, lot dimensions, and parking alternatives. The amendment did not include changes to land uses or permit types within the TZC. When originally adopted, the TZC provided new zoning for all properties contained within its boundary. However, some properties with existing M1 and M2 zoning and/or existing industrial businesses, also received an overlay district designation which allowed for the continuation of industrial land uses on those properties. The development of mixed -use on these properties consistent with the new zoning they received as part of the TZC adoption is 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. However, due to the continued application of the industrial overlay zones within the TZC, the implementation of the new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts with the new General Plan. Since establishment of the TZC, and specifically in the Logan and Lacy neighborhoods, industrial uses have remained, changed ownership, undergone expansions or intensifications, and have continued to create 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 to the new General Plan land use designations. Historically Disadvantaged Communities and Senate Bill (SB) 1000 Prior to the adoption of the TZC, the City permitted industrial uses within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools. The Logan neighborhood represents one of Orange County's oldest barrios, established as early as 1886, and was one of the few areas where Mexicans and those of Mexican descent could purchase land due to racially restrictive covenants during the first half of the 20t" century. Further, as a neighborhood, the area was established before the modern practice of separating or regulating impactful land uses, also known as zoning. The Logan neighborhood itself was largely settled by 1900, before the practice of zoning was enshrined by Village of Euclid v. Ambler Realty Co. in 1926. By that time, the neighborhood contained a mix of residential, industrial, commercial, and related land uses, in some cases side -by -side, with issues further exacerbated by rail lines, fuel storage depots, and the construction of the Santa Ana Freeway (1-5) between 1947 and 1956. Comprehensive data analysis and mapping tools generated by the Office of Environmental Health Hazard Assessment (OEHHA) and California Environmental Protection Agency (CaIEPA), the Centers for Disease Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR), the United States Environmental Protection Agency (EPA), and California Healthy Places Index (HPI) reveal concerning City Council 21 — 4 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 5 information regarding environmental conditions impacting residents in the Logan and Lacy neighborhoods. Recent CalEnviroScreen 4.0 data confirms that these neighborhoods rank at 90% or above among California's most pollution -burdened communities, with Environmental Justice (EJ) maps showing higher exposure to Particulate Matter (PM) 2.5, Air Toxics Cancer Risk, Hazardous Waste Proximity, Diesel Particulate Matter, and Toxic Releases to Air. This information is included as Exhibit 4 to this staff report. These multiple sources of environmental exposure and pollution burden communities of color, including the Logan and Lacy neighborhoods, present an alarming set of challenges that affect residents' quality of life and life expectancy with continued heavy industrial uses nearby. Senate Bill (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 to proactively plan for and address environmental concerns when developing and updating components of the General Plan. The City and community worked to ensure that the new General Plan included SB 1000 requirements of addressing EJ 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. Of note, the City's 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. Environmental Justice/Disadvantaged Communities (DACs) Profile: Logan and Lacy Neighborhood Impacts 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 near communities of color. The Logan and Lacy neighborhoods have a population of 5,907 within 1,564 households, a median household income of $56,864, average household size of nearly four persons, median age 27 years, and per -capita income of $23,495. Seventy-four percent (74%) are 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 greater, ranking in the 90th percentile or greater of census tracts in the State, and identified ESRI Community Analyst summary data, which utilizes U.S. Census Bureau sources (2017-2021 American Community Survey & 2020 Decennial Census Data), enhanced by ESRI's forecasts and aggregations, covering demographics like population, income, age, and employment. City Council 21 — 5 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 6 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 proposed ordinance will further exacerbate the ongoing demographic and environmental justice challenges that these two neighborhoods within the TZC have grappled with since their founding. Code Enforcement and Immediate Ongoing Issues In the past 12 months, the Code Enforcement Division conducted investigations at over 35 commercial and industrial properties within the TZC. Currently, the City's Code Enforcement Division has 21 active open cases that have been issued Notices of Violation 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. This activity demonstrates the City's direct involvement in overseeing these businesses to mitigate potential environmental and public health risks. 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 voiced and emailed 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. Specifically, a fire incident at a crematory located in the neighborhood alarmed neighbors at 9:18 p.m. on August 29, 2023. Residents shared with City officials video of high flames escaping the stack on the rooftop, screeching noise that continued nonstop for ten minutes, and what was described as a foul odor attributed to the fire. City staff 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. On August 9, 2024, the City received a complaint with photos of the same crematory in which the complainant observed bodies stored in a container outside the facility. A City code enforcement inspector issued an abatement notice that same day; the bodies and container were removed and the case was closed on August 13, 2024 by code enforcement staff. Other recent incidents include a large fire at an open- air industrial recycling facility at 1035 E. Fourth Street on March 23, 2025 that resulted in contaminated effluent from water used in fire -fighting efforts draining into local gutters. 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. Staff encountered difficulty in achieving desired enforcement outcomes with external regulatory agencies such as South Coast City Council 21 —6 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 7 Air Quality Management District (SCAQMD), California Department of Consumer Affairs Cemetery and Funeral Bureau (CFB), and Orange County Fire Authority (OCFA) with several heavy industrial business operators in the TZC. This is supported through internal correspondence and phone conversations with staff from these agencies to understand their investigation and compliance processes. To address issues of industrial operators, including recycling and waste processing facilities near schools and residential areas, the City adopted new regulations such as a Noxious Uses Ordinance (Ordinance No. NS- , adopted June 20, 2023) to include 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 when businesses require a permit 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, 15 properties (six commercial, three office, and six industrial businesses) sold. Three of those businesses (800-808 E. Washington Avenue, 1045 N. Fuller Street, and 923 N. Logan Street) are located in the Logan neighborhood. Currently, multi -tenant industrial and manufacturing warehouse spaces are on the market for lease located in the TZC. Recent Citv Council Actions and Direction to Address TZC Land Use Conflicts On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the TZC through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the TZC. 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. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. As part of its approval, the City Council expressed a desire for City staff to begin evaluating permanent solutions to the irreconcilable land use conflicts in the TZC area in as timely a manner as possible, which resulted in immediate evaluation of the zoning City Council 21 —7 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 8 code text and map amendments consistent with direction provided for the City Council's consideration as part of this request. On April 1, 2025, 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. Review of City Department Activities Immediately following the adoption of the moratorium, City staff conducted an interagency meeting that included representatives from multiple City departments: the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Additionally, engagement with additional agencies such as the Santa Ana Police Department (SAPD), Public Works Agency, and the Community Development Agency's Economic Development Division has produced critical information illustrating the extent to which industrial activities interface with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods. City staff reviewed public safety data from SAPD and OCFA to assess community concerns regarding emergency responses in the TZC. SAPD records show a total of 18,736 calls for service between March 2023 and July 2024, with 226 of those occurring between April and July 2024 within the Logan and Lacy neighborhoods. These calls encompassed a wide range of incidents, including patrol checks, disturbances, and traffic - related issues. Notably, 1,909 calls involved collisions, vehicle impoundments, domestic violence, and SAMC violations. OCFA data from 2022 to August 2024 indicates 238 calls for advanced life support emergencies. In 2022, 29 calls were related to respiratory issues, chest pain, and cardiac arrest, with a subsequent 7% increase in health -related calls in 2023. While the data reflects a broad spectrum of emergency responses, the concentration of industrial businesses in the TZC raises the possibility that some of these calls, particularly those related to respiratory issues and traffic incidents, may be influenced by industrial operations. Further analysis is needed to determine the specific correlation between industrial activity and public safety concerns in the area. Currently, City staff has an internal process established that continues to track and monitor incoming notices of compliance or notices of violations from outside regulatory agencies issued to a particular business/operator. City Code Enforcement activities and implementation of the City's Noxious Uses Ordinance continue being monitored at these facilities. Code Enforcement data show enforcement activity within the TZC, where at the time of adoption of the moratorium, 16 active open cases were issued Notices 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. 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. City Council 21 — 8 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 9 Review of Records and Activities of External Regulatory Agencies To broaden the analysis beyond the City's local land use impacts, City staff has received public records requested of compliance status, violation records, and violation status of outside regulatory agencies, and has contacted staff from external regulatory agencies such as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional Quality Water Control Board (SARQWCB), the Department of Toxic Substances Control (DTSC), Certified Unified Program Agencies (CUPA), California Environmental Reporting System (CERS), and others responsible for issuing regulatory 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 the TZC zoning district. Data from outside regulatory agencies assists 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. Records show SCAQMD issued two notices to comply with one industrial business on August 2023 and April 2024 for failure to maintain records, such as temperature graphs, poundage logs, and source test data. SCAQMD issued several permits to construct and to operate to the new operator of this same facility, which is currently in compliance with SCAQMD. Two notices of violation were issued to one industrial business for operating a paint spray booth without a valid permit to operate from SCAQMD. The report from the SARWQCB from 2024 shows three (3) active industrial business in the TZC in violation of their permit for providing a late report or incomplete and/or insufficient information for their Stormwater Pollution Prevention Plan (SPPP). In March 2025, one of the three businesses with active violations concluded a financial settlement directly with the SARWQCB agency. Public records from the CUPA for Orange County, spanning 2022-2024, reveal a pattern of non-compliance with environmental and hazardous materials regulations among industrial businesses within the TZC. While some 2023 violations related to Hazardous Material Business Plan staff training and reporting were later corrected, current records indicate four businesses still have multiple open violations. These ongoing issues include non-compliance with documentation for hazardous waste transportation and disposal, as well as deficiencies in industrial stormwater reporting requirements. Notably, records from 2022-2024 show repeated failures to submit required stormwater reports and deficiencies in hazardous waste management and emergency response planning, including missing City Council 21 — 9 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 10 documentation and training. These violations highlight potential risks to public health and the environment. Air emission complaints continue to be reported to SCAQMD. These complaints included one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. 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 SCAQMD Rules 40 (Visible Emissions), (Public Nuisance), and (Fugitive Dust). Therefore, although community members continue to share concerns with City and SCAQMD staff, 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, is ineffective in addressing the immediate needs of the community. The proposed amendments for the TZC aim to strengthen the City's land use regulatory authority, providing a necessary tool to address the deficiencies of outside regulatory agencies and their permitting and oversight, and to safeguard the health, safety, and welfare of the community. Public Engagement Following City Council's extension of the TZC moratorium on May 21, 2024, City staff has been developing permanent regulations for the TZC district for the City Council's consideration. Leading up to the special Planning Commission meeting held on March 6, 2025, City staff engaged in a comprehensive outreach effort regarding TZC regulations, holding 20 meetings in various formats with affected stakeholders. This included: • Direct engagement through eight individual and group meetings with business owners and brokers, • Two focus group meetings with TZC business owners, • Community outreach involving two neighborhood/resident group meetings, • Two City -hosted TZC (SD-84) meetings: the October 22, 2024 City Informational Meeting and the March 3, 2025 Community Meeting, • Three site visits at the request of businesses, and • Three Planning Commission meetings (February 10, 2025 Study Session and February 24/March 6 Public Hearings). This extensive engagement aimed to gather diverse input for the development of permanent TZC regulations. To proactively ensure important communications reached all stakeholders, City staff mailed notices to all property owners and occupants, comprising 3,599 addresses, within the Transit Zoning Code area for each of the following meetings: the October 22, 2024 City Informational Meeting, the Planning Commission February 10, 2025 Study Session and February 24, 2025 Public Hearing notice, and the City Council April 1, 2025 Public Hearing Notice. City Council 21 —10 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 11 On January 15, 2025, City staff made draft TZC (SD-84) regulations available to the public for review in advance of the scheduled Planning Commission study session on February 10, 2025 and public hearing on February 24, 2025. The amendments address the permitted uses table, nonconforming regulations, amortization, and operational standards, and were designed to prepare for the TZC moratorium's expiration on April 15, 2025. Staff met with business owners and brokers on January 30, 2025, to discuss the draft regulations and met with the Lacy and Logan neighborhoods meeting on February 19, 2025, and again with a focus group of industrial businesses on February 20, 2025. Staff has continued to update the TZC moratorium project vvebpage with additional updates, including the Study Session and Planning Commission Public Hearing Notice, Planning Commission's Study Session PowerPoint presentation, and the draft ordinance and clarifications presented to the Planning Commission. City staff has also prepared two Frequently Asked Questions (FAQ) documents to clarify information regarding the moratorium, affected businesses, the proposed zoning amendments, legal concerns, community engagement, and opportunities to participate in the public hearing process. The first FAQ became available prior to the City's project informational meeting on October 22, 2024, and the second FAQ was made available on February 24, 2025, and is included as Exhibit 5 to this staff report. City staff from the Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division continues 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 CaIEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods The recent SoCal Gas Company's Climate grant award to the City from the SoCal Gas Company will further assist in obtaining baseline air quality data and education in these communities. Current Code and Proposed Amendments to Text, Figures, and Maps Based upon the City Council's actions and direction enacting the moratorium combined with the research and analysis of the issues herein, staff has prepared the proposed zoning ordinance (ZOA No. 2024-02) and zoning map (AA No. 2024-03) amendments. The proposed amendments would modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization/termination of use process; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC boundary as designated on the City of Santa Ana Zoning Map. City Council 21 —11 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 12 Table 1: ZOA No. 2024-02 Current and Proposed Text Regulations Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Application of Article SAMC Section 41-2001 establishes the The update to text of this Section land uses and standards applicable to clarifies that the regulations apply to the TZC - primarily for new uses. existing uses, whether conforming or nonconforming. Organization SAMC Section 41-2001.5 establishes The update to the text is necessary to the contents and organization of the encompass the new Section 41-2009 TZC regulations (Operational Standards for Nonconforming Industrial Uses). Nonconforming SAMC Section 41-2002 establishes the The update to text of this Section will Buildings, Structures regulations for nonconforming further limit some rehabilitation of and Uses buildings, structures or uses within the buildings and structures, with specific TZC boundary. The provisions contain emphasis on nonconforming industrial minimal limits for rehabilitation of uses. These updated provisions include: buildings and structures and their Requiring rehabilitation or expansion expansion for both residential and non- of buildings and structures, occupied residential uses. by any nonconforming use to comply with the new operational standards contained in Section 41-2009. • Prohibits expansion of a building or structure occupied by a nonconforming industrial use. • Elimination of certain nonconforming uses and structures. • Establishes a process for enacting amortization periods for eliminating certain nonconforming uses. • References to SAMC and State law for abatement of public nuisances. • Establishes authority for voluntary compliance agreements between the City and nonconforming uses. The Industrial SAMC Section 41-2004 establishes an Section 41-2004 is deleted in its entirety, Overlay (I-OZ) Zone overlay zone applied to M1 and M2 removing the I-OZ Zone from the TZC to zoned properties located within the eliminate industrial land use type zoning TZC boundary. altogether. Application for SAMC Section 41-2005 establishes the Section 41-2005 is updated to add Discretionary process and timing of vesting for clarification for effects of the Approvals certain uses approved with a amendments to the TZC dependent discretionary permit. upon status of an application in the City process of review, approval, and/or building permit issuance, if required. Zones Established SAMC Section 41-2006 contains the The update to the text of this Section regulations for zoning districts, land deletes the I-OZ Zone, including uses, and permit types within the TZC. replacing Figure 2.1, the Regulating Plan (map) with a new Figure 2.1 removing the I-OZ Zone designation from all parcels within the TZC boundary. City Council 21 — 12 5/6/2025 ZOA No. 2024-02 & AA No May 6, 2025 Page 13 2024-03 (Transit Zoning Code Amendments) Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Uses Permitted SAMC Section 41-2007 provides the The update to the text of this Section allowable land uses and permit types clarifies application of the use standards required to establish a land use by by zoning district as follows: each zoning district within the TZC. • Modifies Table 2A containing the Use Standards by adding and reclassifying certain land use types appropriate to the TZC land use subcategories • Deletes certain land use types that are inconsistent with the intent and purpose of the TZC, including the deletion of the Small -Scale Industry land use subcategory in its entirety. Operational SAMC Section 41-2008 primarily The update to the text of this Section Standards for regulates new uses within the TZC. further limits certain operations to ensure Permitted Uses greater compatibility between residential and non-residential land uses. Operational SAMC Section 41-2009 is an entirely The new Section establishes regulations Standards for new set of regulations specific to for operation of any existing, legally Nonconforming existing nonconforming industrial uses established, nonconforming industrial Industrial Uses within the TZC. use. The regulations cover general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. Definitions SAMC Section 41-2080 contains the The update to the text of this Section definitions applicable to terms and land provides clarification for certain land use uses of the TZC. types (artisan/craft product with limited on -site production, commercial recreation facility — indoor, and research and development), adds definitions for land use types (automobile repair, automobile service, business support services, craft and specialized automotive restoration service, pet day care facility and trade school), and deletes corresponding definitions for land use types that were deleted as part of the amendments to SAMC Section 41- 2006. Analysis of the Issues The proposed amendments to the Sections of the TZC under the topic headings of Application of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to ensure internal consistency related to the more substantive changes being proposed for the TZC to address irreconcilable land use conflicts, described as follows: • Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming building, structure or use specifically within the TZC. The regulations are unique to City Council 21 — 13 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 14 the TZC and do not apply citywide. The regulations determine under certain circumstances when a nonconforming structure or use can rehabilitate both structural or nonstructural; or expand conditions that would allow expansion. Due to the concerns enumerated within this report related to nonconforming industrial uses within the TZC, the amendments to this section increasingly limit rehabilitation of structures to those types of improvements that address compliance with the new Section 41-2009 operational standards for nonconforming industrial uses; and disallow the expansion of any nonconforming industrial use. This Section also includes new provisions to establish a process for the discontinuance of nonconforming uses, specifically noxious uses, and the elimination of those uses or structures through an amortization hearing process. The tools that these new regulations provide are necessary to address the environmental impacts that lead to the adoption of the moratorium, provide the framework to initiate the process to eliminate noxious industrial land uses from the TZC, and align with the adopted EJ policies of the General Plan. • The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for properties within the TZC that had already contained M1 or M2 industrial zoning, uses and structures, when the TZC was adopted in 2010. In order to be both consistent and to promulgate the new General Plan land use designations within the TZC, the removal of this overlay zone is necessary. The zone currently gives deference to the property owner of these parcels with an industrial overlay to decide when and whether to redevelop their properties in a manner that would remove the industrial structure and use, replacing it with an allowable use and conforming to the design standards of the TZC. Eliminating the I-OZ Zone will cause these properties to become nonconforming as to use and structure, subjecting them to the regulations as amended and added to Section 41-2002, including discontinuance of nonconforming use or structure though amortization. Section 41-2004 has been deleted in its entirety with the section number reserved. • Zones Established and Uses Permitted — Amendments to Sections 41-2006 and 41- 2007, respectively, include parallel deletion of the I-OZ Zone affecting the Regulating Plan (TZC zoning map) and the corresponding Use Standards tables regulating the land use and permit types for each of the remaining zones of the TZC. Table 2A categorizes land uses into broad subheadings for both residential and nonresidential land uses. The nonresidential land uses are further categorized into commercial - oriented versus industrial -oriented types of uses. The amendments will eliminate the Small -Scale Industry sub -category altogether, since the majority of these uses are industrial uses incompatible with residential uses. The purpose of the TZC is to promote transit -oriented mixed -use development, which pairs residential and nonresidential land uses either horizontally or vertically on a site or within a building. Compatibility of allowable land use types is critical, particularly given the history of the negative impacts from industrial uses remaining in the area and in close proximity to existing and new residential areas. Amending this Section also replaces the TZC zoning map figure to ensure consistency with the City's Official Zoning Map and City Council 21 — 14 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 15 General Plan Land Use Map in accordance with requirements of State law, Government Code Section 65860. Operational Standards for Permitted Uses and Operational Standards for Nonconforming Industrial Uses — Section 41-2008 contains operational standards applicable to all uses within the TZC boundary. This Section is largely unchanged, with clarification and strengthening of certain regulations to address any possible industrial type function of an allowable land use type as listed in the tables of Section 41-2007. These amendments affected any possible manufacturing related activities, sound, screening walls, and eliminated any vehicular service on Sundays. Section 41-2009 establishes new regulations governing existing industrial uses made nonconforming with the removal of the I-OZ Zone within the TZC, and include general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. The amendments to Section 41-2008 and creation of new regulations under Section 41- 2009 ensure that existing nonconforming uses comply with very specific operational standards and/or face amortization that leads ultimately to discontinuance of use, effectively reestablishing the TZC area with residential uses and allowing certain nonresidential uses compatible to such residential and/or mixed -use development. Profile of Industrial Businesses Affected with Proposed Regulations The TZC area is characterized by a diverse mix of approximately 127 industrial businesses. These businesses range from automotive services (the most common industry type) and manufacturing to warehousing and recycling centers. Data compiled from city and external regulatory agencies, including CaIEPA, SCAQMD, and CERS, reveal that these businesses operate under various permits related to hazardous materials, air quality, and water quality. Key business characteristics include the storage and use of hazardous materials such as motor oil, solvents, and various chemicals, as well as the operation of equipment like emergency generators and internal combustion engines. Notably, several businesses, particularly those engaged in manufacturing (spray booths, metal processing) and chemical storage, handle substances like xylene, resins, mineral oils, and acids, posing potential risks related to air and water contamination, as well as fire and health hazards. Heavier industrial operators, such as open air recycling and sorting facilities in the TZC have been creating a range of issues in the neighborhood. Issues range from: 1) air pollution — dust and participate matter from the sorting process that can become airborne, leading to respiratory problems and reduced air quality, VOCs released from decomposing materials, and odors; 2) water pollution from stormwater runoff that can carry contaminants, including debris, chemicals, or bacteria, from a facility to nearby waterways; 3) noise pollution from heavy machinery, trucks, and sorting equipment generating noise; and 4) visual blight from the constant movement of trucks and equipment and from the piles of trash, debris, and recycling materials that detract from the aesthetic appeal of the community. The secondary effects affect residents' quality of life with increased traffic hazards and living next to these heavier industrial uses and the risks being exposed to these issues on a daily basis. City Council 21 — 15 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 16 Planninq Commission Public Hearinq — February 24, 2025 On February 24, 2025, the Santa Ana Planning Commission held a duly noticed public hearing to consider recommending ZOA No. 2024-02, AA No. 2024-03, and resolution to make findings and adopt Addendum to TZC SD-84 Final EIR. Upon hearing all testimony, the Commission closed the public hearing, held discussion, provided direction to staff, and continued the item to a special meeting scheduled for March 6, 2025. The Commission requested that staff conduct and provide certain deliverables for their further consideration of the proposed amendments, in order to render a recommendation to the City Council on the proposed TZC amendments. The three requested actions for staff were as follows: 1) Conduct an additional community meeting collectively, with interested parties in attendance at the hearing, including residents, businesses, and property owners, to facilitate further input on the proposed amendments; 2) Prepare a financial analysis to address potential impacts to the City as a result of adopting the proposed amendments; and 3) Provide a legal briefing related to potential challenges that may result from adoption of the proposed amendments. Additional Community Meetinq — March 3, 2025 Staff held a community meeting with interested parties, including business owners, property owners, residents, and others, on Monday, March 3, 2025, from 5:30 p.m. to 7:30 p.m. at the Santa Ana Regional Transportation Center (SARTC) First Floor Conference Room (1000 E. Santa Ana Blvd.) to garner additional feedback about the proposed changes. The summary of the March 3, 2025 TZC (SD-84) Community Meeting can be found in Exhibit 1 of Exhibit 7 (March 6, 2025 Special Planning Commission Supplemental Staff Report and Exhibits), which is attached to this staff report. As a result of the input received at that community meeting, combined with the prior analysis of the proposed amendments as outlined in the February 24, 2025, Planning Commission staff report, staff proposed clarifying edits as well as text edits to the Ordinance presented to the Planning Commission on February 24, 2025 that can be found in Exhibit 7. Specifically, the clarifications address typographical errors as well as the emergent themes from the March 3rd community meeting related to hours of operation and clarifying that nonconforming and "legal" nonconforming are one and the same term for the purposes of implementing the TZC. The summary of the March 3, 2025 TZC (SD- 84) Community Meeting can be found in Exhibit 1 of Exhibit 7 (March 6, 2025 Special Planning Commission Supplemental Staff Report and Exhibits), which is attached to this staff report. City Council 21 — 16 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 17 Financial Information related to adoption of proposed TZC (SD-84) amendments The Planning Commission requested City staff to provide financial information specifically on the amendments' effects on City revenues that would result from the proposed ordinance. Staff from the City's Finance and Management Services Agency evaluated aggregate financial information using data sources for the City's tax base that include sales tax, property tax, businesses license tax, and utility users' tax within the TZC. Staff provided information as part of City staff's presentation during the scheduled March 6, 2025, meeting and emphasized that due to confidentiality requirements, revenue details provided are in general and aggregate form, preventing the disclosure of individual business revenue. Furthermore, evaluating the actual fiscal impact would be speculative and may vary significantly due to numerous unpredictable factors, including the fact the proposed ordinance does not propose the closure of any business; rendering business uses legal nonconforming does not preclude the establishment of a new, similar business in the same location that may result in no change to the City's revenues; fluctuations in economic conditions; and potential changes in business operations. These factors were presented to the Planning Commission, which took the information into account in making its recommendation to approve to the City Council. A description of the requested financial information is included in Exhibit 7 (March 6, 2025 Special Planning Commission Supplemental Staff Report and Exhibits), which is attached to this staff report. Legal Analysis The Commission requested that the City Attorney provide a briefing related to legal challenges to the proposed TZC amendments, specifically the creation of nonconforming status to business and structures, and the general argument of a "taking," as that term is used legally. The City Attorney's Office provided a confidential memorandum separately to the Planning Commission summarizing these legal questions. Due to the potential for litigation, the information contained in the memorandum is considered client privileged and confidential. Recommended Action Taken by the Planning Commission — March 6, 2025 At a special meeting on March 6, 2025, the Planning Commission voted 4:2:1, with Commissioners Benninger and Leo dissenting and Vice -Chair Ramos absent (due to advisement of a potential conflict of interest due to her residence being in close proximity to the project area), to recommend that the City Council approve the recommended actions. As part of its recommendation to approve, the Planning Commission included clarifying edits to the draft ZOA proposed by staff, which have been incorporated into the proposed text amendments. City Council 21 — 17 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 18 General Plan Consistency The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan, including the Land Use, Community, Economic Prosperity, and Conservation elements. Consistency with the General Plan is required by Government Code Section 65860, by timely addressing current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: • Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; • Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; • Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses; • Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; • Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; • Developing and adopting new regulations to address facilities that emit increased pollution new sensitive receptors within EJ area boundaries, which includes areas of the TZC; • Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and • Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. City Council 21 — 18 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 19 Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. LU3.3 - 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. CN1.4 - 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. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. CN1.11 - 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. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. HE44.A — Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. 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. The proposed TZC amendments align with both the General Plan's EJ policies and the original land use designations applicable to the area since the adoption of the TZC in 2010. City Council 21 — 19 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 20 ENVIRONMENTAL IMPACT The California Environmental Quality Act (CEQA) requires public agencies and local governments to measure the environmental impacts of development projects or other major land use decisions, and to limit or avoid those impacts if possible. CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. d) The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Additionally, CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; City Council 21 — 20 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 21 (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. ZOA No. 2024-02 and AA No. 2024-03 are considered a project as defined by the CEQA. The City, as the Lead Agency, has determined that it is subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). An Addendum to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) has been prepared by the City. Based on its independent review and analysis, and the administrative record as a whole, and, in exercising its independent judgement, hereby finds that pursuant to CEQA Guidelines Section 15162, no subsequent EIR would be required for the proposed project; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR is required for the adoption of the Ordinances. Specifically, pursuant to CEQA Guidelines Section 15162, the City finds on the basis of substantial evidence in light of the whole record, that: (1) no substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: (A) the project will have one or more significant effects not discussed in the EIR; (B) significant effect previously examined will be substantially more severe than shown in the EIR; (C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternative which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. City Council 21 —21 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) May 6, 2025 Page 22 Additionally, as detailed in the General Plan Consistency subsection of this report, the proposed Ordinances are consistent with numerous General Plan goals and policies that were evaluated as part of the General Plan Update Program EIR. The proposed Ordinances also satisfy and further implementation actions of the General Plan Update. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution of the City Council and Addendum to the TZC EIR 2. Ordinance for Zoning Ordinance Amendment (ZOA) No. 2024-02 3. Ordinance for Amendment Application (AA) No. 2024-03 4. Environmental Health Data and Reports 5. Frequently Asked Questions (FAQ) 6. February 24, 2025 Planning Commission Staff Report and Exhibits 7. March 6, 2025 Special Planning Commission Supplemental Staff Report and Exhibits 8. City Council Staff Report and Exhibits for the Adopted TZC Moratorium 9. Response to Written Public Comments Received - April 1, 2025 City Council Public Hearing Item No. 22 10. Copy of Public Hearing Notice Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency Approved By: Alvaro Nunez, City Manager City Council 21 —22 5/6/2025 RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER NO. 2006071100) WHEREAS, at a duly noticed public hearing held on June 7, 2010, the City Council of the City of Santa Ana ("City Council") adopted findings and a Statement of Overriding Considerations and certified the Transit Zoning Code Environmental Impact Report (State Clearinghouse No. 2006071100, "Transit Zoning Code EIR"), pursuant to the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000, et seq., "CEQA Guidelines") and adopted the City of Santa Ana's Transit Zoning Code ("Transit Zoning Code"), which is designed to provide the zoning necessary to support the long-term development of a successful transit program; and WHEREAS, after continued research and study, two ordinances have been developed that address the impacts from industrial land uses in the Specific Development No. 84 (SD-84) Zoning District, also known as the Transit Zoning Code: (1) Zoning Ordinance Amendment (ZOA) No. 2024-02 to amend certain provisions of the Santa Ana Municipal Code and amend portions of the Transit Zoning Code, including the deletion of industrial land uses; amendment of non -conforming regulations; and (2) Amendment Application (AA) No. 2024-03 to remove the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, the City has evaluated the proposed ordinances to the Transit Zoning Code in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162, and concluded that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects that were previously disclosed in the Transit Zoning Code EIR, and therefore no subsequent EIR or mitigated negative declaration is required; and WHEREAS, the proposed changes would nonetheless necessitate minor changes or additions to the Transit Zoning Code EIR and, thus, the City has prepared an Addendum for the Transit Zoning Code EIR ("Addendum"), attached as Exhibit 1, pursuant to State CEQA Guidelines section 15164 to address the proposed ordinances; and City Council 21 — 23 5/6/2025 WHEREAS, the Addendum was prepared in full compliance with CEQA, CEQA Guidelines, and the City's Local CEQA Guidelines; and WHEREAS CEQA Guidelines Section 15164, subdivision (c) does not require the Addendum to be circulated for public review but can be included in or attached to a final EIR or adopted negative declaration; and WHEREAS, under CEQA and the CEQA Guidelines and as referenced below, the "project" shall mean the proposed ordinances under the Transit Zoning Code including implementation of these ordinances; and WHEREAS, on February 24, 2025, the Planning Commission held a duly noticed public hearing to consider these proposed ordinances, where all interested persons were given an opportunity to be heard, and after closing the public hearing, continued taking any action on this Ordinance to a special meeting held on March 6, 2025, whereby the Planning Commission recommended approval of the ordinances to the City Council; WHEREAS, on April 1, 2025, the City Council held a duly noticed public hearing to consider the proposed ordinances, but the item was not heard and was continued to a date certain, May 6, 2025, with no new public noticing required pursuant to applicable procedures; WHEREAS, on May 6, 2025, the City Council held a duly noticed public hearing to consider these proposed ordinances, where all interested persons were given an opportunity to be heard; and WHEREAS the City Council considered the entire administrative record, including the staff report (and all attachments thereto), the Transit Zoning Code EIR and Addendum, and oral and written testimony from interested persons; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. CEQA Guidelines Section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the administrative record, including but not limited to the Transit Zoning Code EIR and the Addendum, which are all incorporated by reference as though set forth fully herein, and finds that those documents taken together contain a complete and accurate reporting of all the environmental impacts associated with the Transit Zoning Code. The City Council further finds that the Addendum and the administrative record have been completed in compliance with CEQA, the CEQA Guidelines, and the City's Local CEQA Guidelines. The City Council finds and determines that the Addendum reflects the City's independent judgment. City Council 21 — 24 5/6/2025 The City Council finds that the foregoing is supported by substantial evidence in the record. Furthermore, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the City is required to review any changed circumstances under Public Resources Code Section 21166 and CEQA Guidelines Section 15162 to determine whether additional environmental review is required. Based on the substantial evidence set forth in the administrative record, including but not limited to the Transit Zoning Code EIR and the Addendum, the City Council finds that none of the conditions under CEQA Guidelines Section 15162 requiring subsequent environmental review have occurred because the proposed ordinances: a) do not constitute substantial changes that would require major revisions to the Transit Zoning Code EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) do not constitute substantial changes with respect to the circumstances under which the project was developed that would require major revisions of the Transit Zoning Code EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and c) do not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Transit Zoning Code was certified, showing any of the following: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Pursuant to CEQA and CEQA Guidelines, the City Council hereby adopts the foregoing findings and adopts the Addendum attached as Exhibit 1. City Council further directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council's adoption of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. City Council 21 — 25 5/6/2025 Section 4. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning and Building Agency is the custodian of records for the record of proceedings. This information is provided pursuant to Public Resources Code section 21081.6. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 6th day of May, 2025 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney � �7q a� 'cdLryc' Melissa Crosthwaite Senior Assistant City Attorney City Council 21 — 26 5/6/2025 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on May 6, 2025. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 21 — 27 5/6/2025 EXHIBIT 1 ADDENDUM City Council 21 — 28 5/6/2025 ADDENDUM TO THE CITY OF SANTA ANA TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT SCH NO. 2006071100 City of Santa Ana Amendment to Transit Zoning Code/Specific Development No. 84 Prepared For: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Prepared By: MIG, Inc. 1650 Spruce Street, Suite 106 Riverside, California 92507 January 2025 City Council 21 — 29 5/6/2025 TABLE OF CONTENTS Paqe SECTION 1.0 — INTRODUCTION AND PURPOSE....................................................................1 1.1 Introduction and Purpose................................................................................................1 1.2 Statutory Authority and Requirements.............................................................................1 1.3 Incorporation by Reference.............................................................................................2 SECTION 2.0 — BACKGROUND................................................................................................3 SECTION 3.0 — DESCRIPTION OF PROPOSED PROJECT.....................................................6 SECTION 4.0 — ENVIRONMENTAL SETTING.....................................................................9 SECTION 5.0 — ENVIRONMENTAL ANALYSIS.......................................................................12 5.1 Aesthetics/Visual Resources.........................................................................................13 5.2 Air Quality......................................................................................................................16 5.3 Biological Resources.....................................................................................................22 5.4 Cultural Resources........................................................................................................24 5.5 Hazards and Hazardous Materials.................................................................................27 5.6 Hydrology and Water Quality.........................................................................................31 5.7 Land Use.....................................................................................................................34 5.8 Noise.............................................................................................................................36 5.9 Population, Housing and Employment...........................................................................39 5.10 Public Services..............................................................................................................40 5.11 Transportation...............................................................................................................42 5.12 Utilities and Service Systems........................................................................................46 5.13 Global Climate Change.................................................................................................48 5.14 Mandatory Findings of Significance...............................................................................51 5.20 Conclusion....................................................................................................................52 FIGURES Figure 1: Transit Zoning Code Area............................................................................................4 Figure 2: Transit Zoning Code Zoning Designations...................................................................5 Figure 3: Regional Location......................................................................................................10 Figure4: Citywide Aerial...........................................................................................................11 TABLES Table 1 - Current and Proposed Text Regulations......................................................................6 City Council 21 — 30 5/6/2025 1.0 INTRODUCTION 1.1 Introduction and Purpose On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (or "SD 84A and 84B") through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the SD84 Zoning District. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Based upon the City Council's actions and direction enacting the moratorium combined with the research and analysis of the issues herein, staff has prepared Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03. The proposed amendments ("proposed amendments" or "project") will modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization process for industrial uses; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. Refer to Section 3.2 — Project Description. Following preliminary review of proposed ZOA No. 2024-02 and AA No. 2024-03 amendments, the City, as the Lead Agency, has determined that the project is subject to CEQA (Public Resources Code (PRC) §§21000-21177; 14 CCR §§15000, et seq.). This Addendum to Transit Zoning Code (SD 84A and 84B) Environmental Impact Report ("TZC EIR") (SCH No. 2006071100) has been prepared to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this project is within the scope of the TZC EIR. As a result, the City does not need to prepare a subsequent or supplemental EIR as the TZC EIR fully analyzed the potential impacts associated with the proposed amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. 1.2 Statutory Authority and Requirements CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. Jan Y to' Ur1Cll 21 - 31 ysis d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. 1.3 Incorporation by Reference The TZC Final EIR, including the original Draft EIR (DEIR), and has been made available for public review at the Lead Agency office (City of Santa Ana). The Final EIR is incorporated into this Addendum by reference. Jan Y to' Ur1Cll 21 - 32 ysis This Addendum is available for public inspection at the City at 20 Civic Center Plaza, Santa Ana, CA, and on the City's website at https://www.santa-ana.org/environmental-impact-report- transit-zoning-code/. 2.0 BACKGROUND The TZC was established in June 2010, which is located in the area west of Interstate 5, north of First Street, and between Grand Avenue and Flower Street, and south of Civic Center Drive in the City of Santa Ana. The TZC provided new zoning for all of the properties contained within its boundary. However, some properties with existing M1 and M2 zoning and/or existing industrial businesses also received an overlay district designation which allowed for the continuation of industrial land uses on those properties and allows for the option of future mixed -use development to be exercised at the discretion of the property owner. The purpose was to establish 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 design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures. On June 7, 2010, the City adopted the TZC and certified the TZC Final EIR (SCH No. 2006071100). The TZC Final EIR provides a program -level and project -level analysis of the environmental impacts resulting from implementation of the TZC. The majority of the analysis is done at the program level; however, a project -level analysis is provided for the development proposal to demolish 30,000 square feet of existing structures on eleven Redevelopment Agency -owned parcels and to construct 220 affordable residential units. The TZC Final EIR concluded full implementation of the TZC would result in significant and unavoidable impacts with respect to the following: aesthetics, air quality, cultural resources, noise, transportation, and climate change. The TZC Final EIR's background and environmental impact conclusions are cited throughout this Addendum. In July 2019, the City Council adopted Ordinance No. NS-2970, amending the Transit Zoning Code to modify certain design criteria regarding height, massing, open space location, driveway standards, lot dimensions, and parking alternatives, and determined that this ordinance was exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines, section 15061(b)(3). This amendment did not include changes to land uses or permit types within the TZC. In support of the TZC amendment, the City Council also approved a General Plan amendment, establishing numerous mixed -use General Plan land use designations for the entirety of the TZC. Refer to Figure 1 — Existing Transit Zoning Code area and Figure 2 Transit Zoning Code Designations, below. However, due to the continued application of the industrial overlay zones within the TZC, implementation of the new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts with the new General Plan. Jan ysis y ouncil 21 — 33 Figure 1- Transit Zoning Code Area Win n.5 Legend City of Sa nta Ana Translk Zan Ing Corte Area .tan Y OUnCII 21 — 34 ysis Figure 2 - Existing Transit Zoning Code Designations L-t ?V� 2,1 %Myft" PUm �wlh ;EE-;w--V jFL1.0 1W 7L-r--L E:.4 9 3S* M lQN11 L Mr T, L V., 7-F m u no hwjw .4 T jffrL —L+�� - Lri N .1L■ Aim "WWI Transit Zoning Code (Specific Development No. 84) January 202 Fnvpgr�nt 'Analysis 'City Council 21 -- �35 3.0 DESCRIPTION OF PROPOSED PROJECT The proposed amendments would modify the list of land uses and permit types, including the following: • Deletion of industrial land uses • Amend nonconforming regulations, including the addition of an amortization process • Amend and add operational standards for allowed uses and nonconforming uses • Delete the Industrial Overlay (I-OZ) zone from text and maps • Delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD84 Zoning District boundary as designated on the City of Santa Ana Zoning Map Implementation of the proposed amendments do not include nor require implementation of any site -specific development projects. Table 1 — Current and Proposed Text Regulations, below lists the proposed amendments and is followed by a summary of each. Figure 2.5 Proposed Transit Zoning Code Designations depicts the removal of I-OZ from the map. Table 1 — Current and Proposed Text Regulations Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Application of SAMC Section 41-2001 establishes the land The update to text of this Section Article uses and standards applicable to the TZC - clarifies that the regulations apply to primarily for new uses. existing uses, whether conforming or nonconforming, change in land use or tenancy requiring issuance of Certificate of Occupancy. Organization SAMC Section 41-2001.5 establishes the The update to the text is necessary to contents and organization of the TZC encompass the new Section 41-2009 regulations (Operational Standards for Nonconforming Industrial Uses). Nonconforming SAMC Section 41-2002 establishes the The update to text of this Section will Buildings, regulations for nonconforming buildings, further limit some rehabilitation of Structures and structures or uses within the TZC boundary. buildings and structures, with specific Uses The provisions contain minimal limits for emphasis on nonconforming industrial rehabilitation of buildings and structures and uses. These updated provisions their expansion for both residential and non- include: residential uses. • Requiring rehabilitation or expansion of buildings and structures, occupied by any nonconforming use to comply with the new operational standards contained in Section 41-2009. • Prohibits expansion of a building or structure occupied by a nonconforming industrial use. • Discontinuation of nonconforming Jan Y to' Ur1Cll 21 — 36 ysis Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations noxious uses through amortization. • Elimination of certain nonconforming uses and structures • Establishes a process for enacting amortization periods for eliminating certain nonconforming uses. • References to SAMC and State law for abatement of public nuisances. • Establishes authority for voluntary compliance agreements between the City and nonconforming uses. The Industrial SAMC Section 41-2004 establishes an Section 41-2004 is deleted in its Overlay (I-OZ) overlay zone applied to M1 and M2 zoned entirety, removing the I-OZ Zone from Zone properties located within the TZC boundary. the TZC to eliminate industrial land use type zoning altogether. Application for SAMC Section 41-2005 establishes the Section 41-2005 is renumbered as 41- Discretionary process and timing of vesting for certain 2004, and the update to the text of this Approvals uses approved with a discretionary permit. Section adds clarification for effects of the amendments to the TZC dependent upon status of an application in the City process of review, approval, and/or building permit issuance, if required. Zones SAMC Section 41-2006 contains the The update to the text of this Section Established regulations for zoning districts, land uses, deletes the I-OZ Zone, including and permit types within the TZC. replacing Figure 2.1, the Regulating Plan (map) with a new Figure 2.1 removing the I-OZ Zone designation from all parcels within the TZC boundary. Uses SAMC Section 41-2007 provides the The update to the text of this Section Permitted allowable land uses and permit types clarifies application of the use required to establish a land use by each standards by zoning district as follows: zoning district within the TZC. • Modifies Table 2A containing the Use Standards by adding and reclassifying certain land use types appropriate to the TZC land use subcategories • Deletes certain land use types that are inconsistent with the intent and purpose of the TZC, including the deletion of the Small -Scale Industry land use subcategory in its entirety. Operational SAMC Section 41-2008 primarily regulates The update to the text of this Section Standards new uses within the TZC. further limits certain operations to ensure greater compatibility between residential and non-residential land uses. Operational SAMC Section 41-2009 is an entirely new The new Section establishes Standards for set of regulations specific to existing regulations for operation of any existing, Nonconforming nonconforming industrial uses within the legally established, nonconforming Industrial Uses TZC. industrial use. The regulations cover general standards, enclosed Jan Y to' Ur1Cll 21 — 37 ysis Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. Definitions SAMC Section 41-2080 contains the The update to the text of this Section definitions applicable to terms and land uses provides clarification for certain land of the TZC. use types (artisan/craft product with limited on -site production, commercial recreation facility — indoor, and research and development), adds definitions for land use types (business support services, pet day care facility and trade school, nonconforming industrial, and noxious use), and deletes corresponding definitions for land use types that were deleted as part of the amendments to SAMC Section 41- 2006. Source: Planning Commission Staff Report Jan Y to' UIIC11 21 — 38 ysis T Figure 2.5 — Proposed Transit Zoning Code Designations MENNEN Wit m roqb!, p7m 1--j -Am--J,. = Dmmminm = mm wr m-xd r.-. z, vwmm.ml tvwv.3"I'vI Transit Zoning Code SD-84 Proposed Zoning Designations f January 202OCity Council V 21 —39 Envlronrnenral Ana7ysis 5/6/2025 Analysis of the Amendments The proposed amendments to the Sections of the TZC under the topic headings of Application of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to ensure internal consistency related to the more substantive changes being proposed for the TZC to address irreconcilable land use conflicts, described as follows: Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming building, structure or use specifically within the TZC. The regulations are unique to the TZC and do not apply citywide. The regulations determine under certain circumstances when a nonconforming structure or use can rehabilitate both structural or nonstructural; or expand conditions that would allow expansion. Due to the concerns enumerated within this report related to nonconforming industrial uses within the TZC, the amendments to this section increasingly limit rehabilitation of structures to those types of improvements that address compliance with the new Section 41-2009 operational standards for nonconforming industrial uses; and disallow the expansion of any nonconforming industrial use. This Section also includes new provisions to establish a process for the discontinuance of nonconforming uses, specifically noxious uses, and the elimination of those uses or structures through an amortization hearing process. The tools that these new regulations provide are necessary to address the environmental impacts that lead to the adoption of the Moratorium, provide the framework to initiate the process to eliminate noxious industrial land uses from the TZC, and align with the adopted EJ policies of the General Plan. The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for properties within the TZC that contained M1 or M2 industrial zoning, uses and structures, when the TZC was adopted in 2010. In order to be both consistent and to promulgate the General Plan land use designations within the TZC, the removal of this overlay zone is necessary. The zone currently gives deference to the property owner of these parcels with an industrial overlay to decide when and whether to redevelop their properties in a manner that would remove the industrial structure and use, replacing it with an allowable use and conforming to the design standards of the TZC. Eliminating the I-OZ Zone will cause these properties to become nonconforming as to use and structure, subjecting them to the regulations as amended and added to Section 41- 2002, including discontinuance of nonconforming use or structure though amortization. With the deletion of the entirety of the text of Section 41-2004, Section 41-2005 Application for Discretionary Approvals is renumbered as Section 41-2004. Zones Established and Uses Permitted — Amendments to Sections 41-2006 and 41- 2007, respectively, include parallel deletion of the I-OZ Zone affecting the Regulating Plan (TZC zoning map) and the corresponding Use Standards tables regulating the land use and permit types for each of the remaining zones of the TZC. Table 2A categorizes land uses into broad subheadings for both residential and nonresidential land uses. The nonresidential land uses are further categorized into commercial -oriented versus industrial -oriented types of uses. The amendments will eliminate the Small -Scale Industry sub -category altogether, since the majority of these uses are industrial uses incompatible with residential uses. The purpose of the TZC is to promote transit -oriented mixed -use development, which pairs residential and nonresidential land uses either horizontally or vertically on a site or within a building. Compatibility of allowable land use types is critical, particularly given the history of the negative impacts from industrial uses remaining in the area and in close proximity to existing and new residential areas. Amending this Section also replaces the TZC zoning map figure to ensure consistency with the City's Official Zoning Map and General Plan Land Use Map in accordance with requirements of State law, Government Code Section 65860. Jan y to' Ur1Cll 21 — 40 ysis Operational Standards and Operational Standards for Nonconforming Industrial Uses — Section 41-2008 contains operational standards applicable to all uses within the TZC boundary. This Section is largely unchanged, with clarification and strengthening of certain regulations to address any possible industrial type function of an allowable land use type as listed in the tables of Section 41-2007. These amendments affected any possible manufacturing related activities, sound, screening walls and eliminated any vehicular service on Sundays. Section 41-2009 establishes new regulations governing existing industrial uses made nonconforming with the removal of the I-OZ Zone within the TZC, and include general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. The amendments to Section 41-2008 and creation of new regulations under Section 41-2009 ensure that existing nonconforming uses comply with very specific operational standards and/or face amortization that leads ultimately to discontinuance of use, effectively reestablishing the TZC area with residential uses and allowing certain nonresidential uses compatible to such residential and/or mixed -use development. 4.0 ENVIRONMENTAL SETTING The City of Santa Ana is located in Orange County and serves as the County seat. The City is in the western central portion of Orange County, approximately 30 miles southwest of the City of Los Angeles and 10 miles northeast of the City of Newport Beach (refer to Figure 3, Regional Location). As shown in Figure 4, Citywide Aerial, the City is bordered by the City of Orange and unincorporated areas of Orange County to the north, the City of Tustin to the east, the cities of Irvine and Costa Mesa to the south, and the cities of Fountain Valley and Garden Grove to the west. The TZC area is shown in blue on both Figure 3 and Figure 4, and a detailed view is shown on Figure 1 in Section 2.0. Jan Y ouncil 21 — 41 ysis Figure 3 — Regional Location a Walnur ntebel I La Pgente t3• K Whittier Firestone 8#ry 5ar<Sa Fe `rrep Mils S[avr vney $ ring8 C10 n� Resereatp.on La Hahra c� South W4 ittrar { NoTwalk Fl awe Cerrltos Fulrerton .OuE>na fiarEc ood t'alma Ke+valian Ana hralrn Gardens Las Alamitos Yarba Linda n Chino Chino HI1I3 t} _ ieral4 Water Canyon M1litgrr.11 Pr"ddr u PR rurm Hiffs Qra ng e Garen {grove 1%_ 4hfestminster ' l Alaval Weo-ponT I� — � 52nt� � S56kbrl br�h!31 M L53tln _ i r i 8arda Ain i E' 5tinljar1�4vach f Fountairl Va118y * rw —.. .. *{ Irvine H untinegton -??+i M G E Beach costa Mesa L _ J Cdty of Santa Ana � Translt Zoning Code Area £l� � 5rf V h Foothill RahcH Lake Forst Newport Elesch Laguna Hills fi56h Curonadel friar Mi$siffn Viej Slate Beach Crys1$1 Gav4 Siaie Park Afiso Vier-D Laguna Bl&acfr ona Niguel San Juan CaREstrana Jan Y ouncil 21 — 42MvironTysis At the local level, the TZC area is located in the central urban core of the City and comprises over 100 blocks and 450 acres, and is generally bounded by 1-5 to the north and east, First Street to the south, and Flower Street to the west. Refer to Figure 1 in the Background section. The majority of the City is urbanized, with residential and nonresidential development, and mobility and public facilities all contributing to Santa Ana's existing built environment. The City's incorporated boundaries encompass approximately 27.4 square miles. Residential land uses occupy almost 40 percent of the land within the current City boundaries, accounting for 5,226 acres. Other predominant land uses include commercial (1,588 acres) and industrial (1,628 acres). While Santa Ana is a densely populated urban center with one of the most diverse international populations in Orange County, it can generally be characterized as a City of neighborhoods. Santa Ana has over 65 neighborhoods which are distinguished by their history, architecture, housing types, amenities, and unique character. The Specific Development (SD) No. 84 Zoning District, also known as the TZC, is located in the central urban core of the City and comprises over 100 blocks and 450 acres, and is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (1-5) Freeway. The TZC area includes the Orange County Civic Center consisting of City, County and federal buildings, City, Downtown, the Logan and Lacy neighborhoods, which are among the City's most historic in age and are established residential communities. Additional land uses include a mix of residential, commercial and industrial uses. The TZC area overlaps portions of two of the City's five focus areas, which are suited for new growth and development under the GPU: the Grand Avenue Avenue/17th Street Focus Area and the West Santa Ana Boulevard Focus Area. The Grand Avenue Avenue/17th Street Focus Area is primarily business oriented with office and commercial storefronts and large apartment complexes. The West Santa Ana Boulevard Focus Area is characterized as a mix of residential, commercial and industrial. 5.0 ENVIRONMENTAL ANALYSIS The Initial Study/Notice of Preparation of the DEIR (Appendix A) concluded certain topics to be "Effects Not Found to Be Significant" according to Section 15128 of the CEQA Guidelines as having less than significant or no impacts, and therefore were not included in the Final EIR. Agricultural Resources. The Initial Study concluded that the soils within the Transit Zoning Code (SD 84A and SD 84B) area are not candidates for listing as prime farmland, unique farmland, or farmland of statewide importance. In addition, no farmland or agricultural activity exists on or in the vicinity of the Transit Zoning Code, and no portion is under a Williamson Act contract. The Initial Study concluded no that no impacts would occur. Geology and Soils. The Transit Zoning Code (SD 84A and SD 84B) area is located in an area of minimal geologic hazards. Any development within the project area would be designed in accordance with applicable building code requirements, which account for seismic groundshaking. The Initial Study concluded that no and less than significant impacts to would occur. Mineral Resources. The Initial Study determined that implementation of the Transit Zoning Code (SD 84A and SD 84B) would not result in the loss of availability of either a known mineral resource of value to the state or region, or a locally important mineral resource recovery site, because no such sites exist within the project area. The Initial Study concluded that implementation of the Transit Zoning Code (SD 84A and SD 84B) would not result in the loss of Jan Y ouncil 21 — 44 ysis availability of a locally important mineral resource delineated on a local general plan, specific plan, or other land use plan. Because the TZC Final EIR was certified in 2010, certain topics that were later added to the state CEQA Guidelines checklist were not included. The Tribal Cultural Resources topic was added to the CEQA Guidelines in 2017. Although added as a separate topic, the TZC DEIR Cultural Resources section did include an evaluation of Native American resources in Section 4.4.1 — Environmental Setting and Section 4.4.2 — Regulatory Framework. Impact 4.4-1 included MM 4.4-1(a) that required construction monitoring by a tribe. The TZC EIR included a Global Climate Change topic, which included greenhouse gas emissions. The Greenhouse Gas Emissions topic was added to the CEQA Guidelines in 2018. Greenhouse Gas Emissions was discussed in Section 4.13.2 — Existing Conditions, Section 4.13.2 — Regulatory Framework, and Section 4.13.4 — Project Impacts and Mitigation Measures. The Energy and Wildfire topics were added to the CEQA Guidelines in 2018. Although added as separate topics, Energy is discussed within Sections 4.12.12 and 4.12.13 of the Utilities and Service Systems topic of the TZC EIR. Wildfire (i.e. wildland fires), is discussed within Section 4.5.3 of the Hazards and Hazardous Materials topic of the TZC EIR. Although these topics were added following certification of the TZC Final EIR, they were discussed and analyzed in the respective sections identified above and do not represent new impacts not previously addressed. Sections 5.1 through 5.13, below, analyzes the potentially significant impacts that could occur as a result of implementing the proposed project through the adoption of the proposed text regulations identified in Table 1 — Current and Proposed Text Regulations. Each topical section lists impact statements and mitigation measures from the TZC EIR, and provides an analysis and conclusion. Each TZC EIR conclusion includes a reference to the EIR impact statement (ex., Impact 4.1-3) and includes its associated significance finding. 5.1 AESTHETICS/VISUAL RESOURCES This section analyzes the effects to aesthetics and visual resources from implementing the proposed zoning code regulations. Would the project: a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? e. A project would be considered to create significant shade/shadow impacts if shade/shadow from the project results in a substantial loss of sunlight in a residential area or other sensitive receptor. Other sensitive receptors would include schools and parks. Jan Y ouncil 21 — 45 ysis TZC EIR Conclusions • Implementation of the Transit Zoning Code (SD 84A and SD 84B) would not substantially damage scenic resources within a State scenic highway, and no further analysis is necessary in this EIR. (DEIR Section 4.1.3: Effects Found to Have No Impact) • Development under the Transit Zoning Code (SD 84A and SD 84B) would contribute to the image of, and add to the aesthetic quality of the City. As such, development under the proposed project would not degrade the existing visual quality of the area or obstruct key existing views and/or vistas in the vicinity. (Impact 4.1-1: Less Than Significant without mitigation) • Future development under the Transit Zoning Code (SD 84A and SD 84B) would improve the existing visual character. (Impact 4.1-2: Less Than Significant without mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code, and associated infrastructure improvements would result in new sources of increased daytime glare. (Impact 4.1-3: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code would result in new sources of spillover light. (Impact 4.1-4: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code (SD 84A and SD 84B) would result in a substantial increase in shade/shadows over sensitive uses. (Impact 4.1-5: Significant and Unavoidable and no feasible mitigation) TZC EIR FEIR Mitigation Measures MM4.1-1 Proposed new structures shall be designed to maximize the use of textured or other non -reflective exterior surfaces and non -reflective glass. Building materials shall be reviewed by the City of Santa Ana prior to issuance of building permits for each project. (Impact 4.1-3) MM4.1-2 All exterior lighting and advertising (including signage) shall be directed onto the specific location intended for illumination (e.g., parking lots, driveways, and walkways) and shielded away from adjacent properties and public rights -of -way to minimize light spillover onto adjacent areas. (Impact 4.1-4) MM4.1-3 Prior to issuance of a building permit for a specific development project, the applicant shall submit a lighting plan to the City for review and approval. The plan shall specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects. The plan shall specifically incorporate the following design features: o All projects shall incorporate project design features to shield light and/or glare from vehicles entering or exiting parking lots and structures that face sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate off -site sensitive uses. o All projects shall incorporate project design features to provide landscaping, physical barriers, screening, or other buffers to minimize project -generated illumination from entering off -site areas and to prevent glare or interference with vehicular traffic, in accordance with the City's Municipal Code. (Impact 4.1-4) Jan y to' Ur1Cll 21 — 46 ysis MM4.1-4 For any proposed structure that would exceed four stories in height, applicants shall submit a site -specific shade/shadow report with renderings representing the level of shade/shadows associated with the proposed development at the following times: 9:00 A.M., 12:00 P.M., 3:00 P.M. PST for the both the winter and summer solstices. An additional rendering for the 5:00 P.M. PST time period shall be prepared for the summer solstice period. Typically, a variety of criteria are used to determine the significance of a shadow impact, including the following: o Affected land use (criticality of direct sunlight for the use). o Duration (hours per day in shadow); time of day (critical time period for direct sunlight). o Season (time of year use would be shadowed). o Extent (percentage of use that would be shadowed). o Preexisting condition (shadow condition due to existing buildings, landscaping, or other features). o Type (solid or dappled shadow). The report shall include any feasible design considerations that would reduce the extent of shadows cast by a proposed structure. The analysis and the project design plans shall be forwarded to the Planning and Building Agency for review and approval. (Impact 4.1-5) Project Analysis and Conclusion The City determined that no impacts related to State Scenic Highways would result from implementation of the project because no scenic highways are located within the TZC area. Impacts related to visual and aesthetic quality (Impact 4.1-1) and visual character (Impact 4.1- 2) were below the level of significance and did not require mitigation. Impacts related to daytime glare (Impact 4.1-3) and spillover light (Impact 4.1-4) were less than significant with the implementation of mitigation measures. Long-term development related shade and shadows (Impact 4.1-5) were found to be significant and unavoidable and that specific economic, social, or other considerations make mitigation infeasible. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Implementation of the project through the proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations does not trigger new aesthetic and visual resources impacts requiring preparation of a supplemental or subsequent EIR because the project modifies the list of land uses and permit types (refer to Table 1 — Current and Proposed Text Regulations) including the deletion of industrial land uses; amend nonconforming regulations including the additional of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC area. Thus, there are no new land uses being introduced or different development standards that would have aesthetic or visual resource impacts. In particular, the proposed amendments will establish regulations for nonconforming uses, including light and glare. These regulations and standards will cover general standards, enclosed operations, light, glare, and outdoor storage and screening. No direct or indirect glare or heat, whether from floodlights or from high -temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to assure that there is no spillover of light and glare that will impact drivers or pedestrians on the public streets, on site activities, and adjoining or nearby properties. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties. Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating Jan Y ouncil 21 — 47 ysis pedestrian walkways. Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and downlit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties. Any future development within the TZC area requiring discretionary action would be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to aesthetics and visual resources. Mitigation measures MM4.1-1 through MM4.1-4 would continue to apply. Therefore, the project does not trigger new aesthetics impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more significant impacts to aesthetics and visual resources. 5.2 AIR QUALITY This section analyzes the effects to air quality from implementing the proposed zoning code regulations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the proposed project region is in non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? TZC EIR Conclusions • The project would not create substantial objectionable odors. (Impact 4.2-1: Less Than Significant with mitigation) • The project would not create short-term quantities of criteria pollutants above the significance thresholds published by SCAQMD. (Impact 4.2-2: Less Than Significant with mitigation) • Operation of the project would increase local traffic volumes, but would not expose sensitive receptors to substantial localized carbon monoxide (CO) concentrations. (Impact 4.2-3: Less Than Significant without mitigation) • The anticipated population increase of 12,225 new residents as a result of the long-term cumulative development pursuant to the Transit Zoning Code is consistent with the SCAG growth projections for Santa Ana and, therefore, would not conflict with or obstruct implementation of the Air Quality Management Plan. (Impact 4.2-4: Less Than Significant without mitigation) • Construction activities associated with the construction of individual projects within the Transit Zoning Code area, including the Developer project, would contribute substantially to an existing or projected air quality violation for criteria air pollutants. (Impact 4.2-5: Significant and Unavoidable with mitigation) Jan y to' Ur1Cll 21 — 48 ysis Operation of the proposed project would exceed South Coast Air Quality Management District standards for VOC, NOX, CO, and PM10 and would result in a projected air quality violation. (Impact 4.2-6: Significant and Unavoidable and no feasible mitigation) Construction and operation of the proposed project would result in a cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal or state ambient air quality standard. (Impact 4.2-7: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures MM4.2-1 Trash receptacles within the Transit Zoning Code (SD 84A and SD 84B) will be required to have lids that enable convenient collection and loading and will be emptied on a regular basis, in compliance with City of Santa Ana regulations for the collection of solid waste. (Impact 4.2-1) MM4.2-2 The construction contractor should ensure that no more than 5 acres per day are actively graded or developed. (Impact 4.2-2) MM4.2-3 The construction contractor should ensure that all active disturbed surfaces should be watered three times per day throughout the construction period. (Impact 4.2-2) MM4.2-4 The construction contractor should ensure that the mass grading, fine grading, and structure construction are conducted at separate time periods and do not overlap with one another. (Impact 4.2-2) MM4.2-5 The construction contractor should ensure that all haul roads are watered three (3) times per day. (Impact 4.2-2) MM4.2-6 The construction contractor should ensure that all traffic on unpaved roads is reduced to 15 mph or less. (Impact 4.2-2) MM4.2-7 Project applicants shall require by contract specifications that all diesel -powered equipment used will be retrofitted with after -treatment products (e.g., engine catalysts) to the extent that they are readily available in the South Coast Air Basin. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-8 Project applicants shall require by contract specifications that all heavy-duty diesel - powered equipment operating and refueling at the project site use low-NOX diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin (this does not apply to diesel -powered trucks traveling to and from the project site). Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-9 Project applicants shall require by contract specifications that alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) be utilized to the extent that the equipment is readily available and cost effective in the South Coast Air Basin. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) Jan Y ouncil 21 — 49 ysis MM4.2-10 Project applicants shall require by contract specifications that construction equipment engines be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-11 Project applicants shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-12 As required by South Coast Air Quality Management District Rule 403—Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: o Application of soil stabilizers to inactive construction areas. o Quick replacement of ground cover in disturbed areas. o Watering of exposed surfaces three times daily. o Watering of all unpaved haul roads three times daily. o Covering all stock piles with tarp. o Reduction of vehicle speed on unpaved roads. o Post signs on -site limiting traffic to 15 miles per hour or less. o Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads. o Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas. o Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip. (Impact 4.2-5) MM4.2-13 The developer shall require by contract specifications that construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. Diesel -fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than 5 minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-14 The developer shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-15 The developer shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to maintain smooth traffic flow. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-16 The developer shall require by contract specifications that construction activities that affect traffic flow on the arterial system by scheduled to off-peak hours (9:00 A.M. to 3:00 P.M.). Jan Y ouncil 21 — 50 ysis Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-17 Upon issuance of building or grading permits, whichever is issued earliest, notification shall be mailed to owners and occupants of all developed land uses within '/4 mile of any project within the Transit Zoning Code (SD 84A and SD 84B) boundaries greater than four stories in height or 25,000 sf in area providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with all project requirements related to PM10 generation. The construction manager will be located at the on -site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. (Impact 4.2-5) MM4.2-18 The developer shall require by contract specifications that the architectural coating (paint and primer) products used would have a VOC rating of 125 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-19 The developer shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-20 The developer shall require by contract specifications that pre -painted construction materials be used to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-21 As individual components of the Transit Zoning Code (SD 84A and SD 84B) are implemented, an air quality impact analyses will be completed to determine their independent significance levels. Mitigation is to be incorporated at the individual component level to bring the individual components to less than significant on a site -by -site basis. (Impact 4.2-6) MM4.2-22 Prior to issuance of a building permit, the applicant shall demonstrate that the design of the proposed buildings or structures exceeds current Title 24 requirements (Title 24, Part 6 of the California Code of Regulations; The Energy Commission adopted the 2008 Standards on April 23, 2008, and the Building Standards Commission approved them for publication on September 11, 2008. The 2008 Residential Compliance Manual was adopted by the Commission on December 17, 2008, and the 2008 Non-residential Compliance Manual was adopted January 14, 2009.Energy Efficiency Standards for Residential and Non Residential Buildings, as amended November 1, 2005; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent, subject to review by the County Building Official. Documentation of compliance with this measure shall be provided to the Planning Department and Building Official for review and approval prior to issuance of the permit. Installation of the identified design features or equipment will be confirmed by the County Building Official prior to certificate of occupancy. Any combination of the following design features may be used to fulfill this mitigation provided that the total increase in efficiency meets or exceeds 20 percent: o Increase in insulation such that heat transfer and thermal bridging is minimized Jan Y ouncil 21 — 51 ysis o Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption o Incorporate dual -paned or other energy efficient windows o Incorporate energy efficient space heating and cooling equipment o Incorporate energy efficient light fixtures o Incorporate energy efficient appliances o Incorporate energy efficient domestic hot water systems o Incorporate solar panels into the electrical system o Incorporate cool roofs/light-colored roofing o Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended November 1, 2005; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent. (Impact 4.2-6) MM4.2-23 Prior to issuance of a building permit, the applicant shall provide a landscape plan for the Project that includes shade trees around main buildings, particularly along southern elevations where practical, and will not interfere with loading dock locations or other operational constraints. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. (Impact 4.2-6) MM4.2-24 Prior to issuance of a building permit, the applicant shall demonstrate that the proposed building or structure designs incorporate exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-25 The applicant shall provide education and publicity about reducing waste and available recycling services to future tenants. The education and publicity materials shall be provided to the City for review and approval by the Planning Department. (Impact 4.2-6) MM4.2-26 All showerheads, lavatory faucets, and sink faucets within the residential units shall comply with the California Energy Conservation flow rate standards. (Impact 4.2-6) MM4.2-27 Low -flush toilets shall be installed within all commercial and residential (including Congregate Care) units as specified in California State Health and Safety Code Section 17921.3. (Impact 4.2-6) MM4.2-28 All commercial/industrial/common area irrigation areas shall be capable of being operated by a computerized irrigation system which includes an onsite weather station/ET gage capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system shall be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. (Impact 4.2-6) Jan Y ouncil 21 — 52 ysis MM4.2-29 Landscape designers shall ensure that Project landscaping of commercial/industrial/common areas uses drought -tolerant and smog -tolerant trees, shrubs, and groundcover to ensure long-term viability and conserve water and energy. (Impact 4.2-6) MM4.2-30 Landscape designers shall ensure that the landscape plan includes drought resistant trees, shrubs, and groundcover within the parking lot and perimeter. (Impact 4.2-6) MM4.2-31 Project designers shall ensure that design features incorporate light-colored roofing materials that will deflect heat away from the building and conserve energy. (Impact 4.2-6) MM4.2-32 The Project designers shall ensure that designs include all illumination elements to have controls to allow selective use as an energy conservation measure. (Impact 4.2-6) MM4.2-33 Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to promote ride sharing programs such as, but not necessarily including, publishing ride sharing information for all of the tenants, designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a website or message board for coordinating rides. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-34 Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-35 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that all interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City Building Official. (Impact 4.2-6) MM4.2-36 Tenants shall be responsible to ensure that preferential parking spaces are allocated to ultra -low emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra -low emission vehicles. (Impact 4.2-6) MM4.2-2 through MM4.2-29 would also apply to this impact. (Impact 4.2-7) Project Analysis and Conclusion The City determined that impacts related to increased local traffic volumes (Impact 5.2-3) and SCAG growth projections (Impact 4.2-4) were below the level of significance and did not require mitigation. Impacts related to objectionable odors (Impact 4.2-1), criteria pollutants (Impact 4.2- 2), contribute to an air quality violation (Impact 4.2-5) were less than significant with the implementation of mitigation measures. Impacts related to exceeding criteria pollutants during operations (Impact 4.2-6) and construction (Impact 4.2-7) were significant and unavoidable, and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Jan Y to' Ur1Cll 21 — 53 ysis The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because the project modifies the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the additional of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC area. Thus, there are no new land uses being introduced that would have air quality impacts. The proposed amendments will introduce new regulations for nonconforming industrial use that would discontinue nonconforming noxious uses, establish screening walls, eliminate vehicle servicing on Sundays. These regulations would reduce dust and lessen air quality emissions. No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere. Uses, activities, and processes shall not operate in a manner that emits dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District. These regulations will have a beneficial impact to air quality. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated, which will result in a beneficial impact to air quality. Mitigation measures MM4.2-1 through MM4.2-36 would continue to apply. Therefore, the project does not trigger new air quality impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to air quality. 5.3 BIOLOGICAL RESOURCES This section analyzes the effects to biological resources from implementing the proposed zoning code regulations. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? TZC EIR Conclusions Jan Y ouncil 21 — 54 ysis • No endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to occur or expected to occur within the Transit Zoning Code (SD 84A and SD 84B) area. (DEIR Section 4.3.3: Effects Found to Have No Impact) • No riparian habitat or other sensitive natural communities are located in these areas. (DEIR Section 4.3.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not in proximity to, nor does it contain, wetland habitat or a blueline stream. (DEIR Section 4.3.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) is surrounded by urban uses on all four sides, including two highways, and, therefore, does not function as a wildlife movement corridor. (DEIR Section 4.3.3: Effects Found to Have No Imoact) • Implementation of the project would not conflict with any local policies or ordinances protecting biological resources. (DEIR Section 4.3.3: Effects Found to Have No Impact) • No conflict with an adopted habitat conservation plan, Orange County NCCP/HCP or other local, regional, or state habitat conservation plan would occur, and there would be no impact. (DEIR Section 4.3.3: Effects Found to Have No Impact) • Long-term cumulative development occurring pursuant to the Transit Zoning Code would not result in a potential reduction in nesting opportunities for resident and migratory avian species of special concern. (Impact 4.3-1: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures: 1. Tree removal shall be restricted to the period between August 30 and February 15, to the extent feasible, to avoid the breeding season of any migratory species that could be using the area, and to discourage nesting in the vicinity of an upcoming construction area. If it is not feasible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and August 30, all trees within 250 feet of any grading or earthmoving activity shall be surveyed for active nests by a qualified biologist no more than 30 days prior to disturbance. If active nests are found, and the site is within 250 feet of potential construction activity, a temporary fence shall be erected, where appropriate, around the tree(s) at a distance of up to 250 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined in consultation with the City of Santa Ana Park Naturalist or a designee. 2. No construction vehicles shall be permitted within restricted areas (i.e., protection zones), unless directly related to the management or protection of the legally protected species. 3. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist. (Impact 4.3-1) Project Analysis and Conclusion Jan Y ouncil 21 — 55 ysis The City determined that impacts related to endangered, rare, threatened, or special status plant species or associated habitats or wildlife species, riparian habitat and sensitive natural communities, wetlands or blue line streams, wildlife movement corridors, habitat conservation plans, and biological resource policies would not have any impacts. Impacts to avian species were less than significant with implementation of the mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because the TZC area is intended to be developed for urban uses and located in an area that is completely developed for urban uses. Because TZC area is a heavily disturbed and graded area consisting of industrial and residential uses, and the project does not introduce any new types of land use, and instead removes the industrial overlay zone, there will be no impacts to biological resources. Any future development within the TZC area requiring discretionary action would be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to biological resources. The project does not trigger new biological resource impacts requiring the preparation of a subsequent or supplemental EIR. Mitigation measure MM4.3-1 would continue to apply. There would be no new or more significant impacts to biological resources. 5.4 CULTURAL RESOURCES This section analyzes the effects to cultural resources and tribal cultural resources from implementing the proposed zoning code regulations. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the CEQA Guidelines? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5 of the CEQA Guidelines? c. Directly or indirectly destroy a unique paleontological resource or unique geologic feature? d. Disturb any human remains, including those interred outside of dedicated cemeteries? TZC EIR Conclusions • Long-term cumulative development occurring pursuant to the Transit Zoning Code could cause a substantial adverse change in the significance of an archaeological resource or disturb human remains. (Impact 4.4-1: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code has the potential to directly or indirectly destroy a unique paleontological resource or unique geologic feature. (Impact 4.4-2: Less Than Significant with mitigation) The adoption of the Transit Zoning Code (SD substantial adverse change in the significance of Section 15064.5 of the CEQA Guidelines. (Impac and no feasible mitigation) TZC EIR Mitigation Measures 84A and SD 84B) would result in a historical resource as defined in t 4.4-3: Significant and Unavoidable Jan Y ouncil 21 — 56 ysis MM4.4-1(a) Prior to any earth -disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to determine if the project could result in a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines or disturb human remains. The investigation shall include, as determined appropriate by the archaeologist and the City of Santa Ana, an updated records search of the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System (CHRIS), updated Native American consultation, and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any archaeological resources within the development area and includes recommendations and methods for eliminating or avoiding impacts on archaeological resources or human remains. The measures shall include, as appropriate, subsurface testing of archaeological resources and/or construction monitoring by a qualified professional and, if necessary, appropriate Native American monitors identified by the applicable tribe (e.g., the Gabrielino Tongva Nation) and/or the Native American Heritage Commission. The methods shall also include procedures for the unanticipated discovery of human remains, which shall be in accordance with Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. The technical report or memorandum shall be submitted to the City of Santa Ana for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or avoiding impacts on archaeological resources identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate non -disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth -disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-2(b). (Impact 4.4-1) MM4.4-1(b) If evidence of an archaeological site or other suspected historical resource as defined by CEQA Guidelines Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during any project -related earth - disturbing activities (including projects that would not encounter undisturbed soils), all earth - disturbing activity within 100 feet of the find shall be halted and the City of Santa Ana shall be notified. The project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less -than -significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A-L) form and filed with the SCCIC. (Impact 4.4-1) MM4.4-2(a) Prior to any earth -disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project applicant shall retain a professional paleontologist to determine if the project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. The investigation shall include, as determined appropriate by the paleontologist and the City of Santa Ana, a paleontology records check and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies the paleontological sensitivity of the development area and includes recommendations and methods for eliminating or avoiding impacts on paleontological resources or unique geologic Jan Y ouncil 21 — 57 ysis features. The technical report or memorandum shall be submitted to the City for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or avoiding impacts on paleontological resources or unique geologic features identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain a paleontologist shall demonstrate non -disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth -disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-3(b). (Impact 4.4-2) MM4.4-2(b) Should paleontological resources (i.e., fossil remains) be identified at a particular site during project construction, the construction foreman shall cease construction within 100 feet of the find until a qualified professional can provide an evaluation. Mitigation of resource impacts shall be implemented and funded by the project applicant and shall be conducted as follows: 1. Identify and evaluate paleontological resources by intense field survey where impacts are considered high 2. Assess effects on identified sites 3 Consult with the institutional/academic paleontologists conducting research investigations within the geological formations that are slated to be impacted 4. Obtain comments from the researchers 5. Comply with researchers' recommendations to address any significant adverse effects where determined by the City to be feasible In considering any suggested mitigation proposed by the consulting paleontologist, the City of Santa Ana staff shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, applicable policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. (Impact 4.4- 2) MM4.4-3 Prior to development activities that would demolish or otherwise physically affect buildings or structures 50 years old or older or affect their historic setting, the project applicant shall retain a cultural resource professional who meets the Secretary of the Interior's Professional Qualifications Standards for Architectural History to determine if the project would cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. The investigation shall include, as determined appropriate by the cultural resource professional and the City of Santa Ana, the appropriate archival research, including, if necessary, an updated records search of the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System (CHRIS) and a pedestrian survey of the proposed development area to determine if any significant historic -period resources would be adversely affected by the proposed development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any historical resources within the development area and includes recommendations and methods for eliminating or reducing impacts on historical resources. The technical report or memorandum shall be submitted to the City Santa Ana for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or reducing impacts on historical Jan Y ouncil 21 — 58 ysis resources identified in the technical report or memorandum. Such methods could include, but not be limited to, written and photographic recordation of the resource in accordance with the level of Historic American Building Survey (HABS) documentation that is appropriate to the significance (local, state, national) of the resource. (Impact 4.4-3) Project Analysis and Conclusion The City determined that impacts related to archaeological resources (Impact 4.4-1) unique paleontological resources (Impact 4.4-2), and disturbing human remains were less than significant with the implementation of mitigation measures. Impacts related to historical resources (Impact 4.4-3) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. The TZC EIR states that there are 80 designated historic properties that are listed on the Santa Ana Register of Historical Properties, five that are listed on the California Points of Historical Interest, and one that is listed on the California Historical Landmarks within and adjacent to the TZC area. The TZC area has already been subject to extensive disruption from previous development and may contain artificial fill materials. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required, nor would the project introduce new land uses that would have impact to cultural or tribal cultural resources that could otherwise make the long-term significant and unavoidable historical resource impacts more severe. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Mitigation measures MM4.4-1(a), MM4.4- 1(b), MM4.4-2(a), MM4.2(b), and MM4.4-3 would continue to apply. In addition, compliance with the existing regulations and proposed regulations identified in Table 1 — Current and Proposed Text Regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to cultural resources. Therefore, the project does not trigger new cultural or tribal cultural resource impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to cultural and tribal cultural resources. 5.5 HAZARDS AND HAZARDOUS MATERIALS This section analyzes the effects to hazards and hazardous materials from implementing the proposed zoning code regulations. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Jan Y ouncil 21 — 59 ysis c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? TZC EIR Conclusions • A private airstrip/heliport is not known to be located within the Transit Zoning Code (SD 84A and SD 8413) area, nor is the Transit Zoning Code (SD 84A and SD 8413) area located in close proximity to a private airstrip/heliport. (DEIR Section 4.5.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 8413) area is located in a dense urban environment and is surrounded by existing development. There are no wildland areas, nor wildland interface areas located in the vicinity. Consequently, no wildland fires would affect, or be affected by, implementation of the proposed Transit Zoning Code (SD 84A and SD 8413). (DEIR Section 4.5.3: Effects Found to Have No Impact) • Long-term cumulative development occurring pursuant to the Transit Zoning Code could involve the transportation, use, storage, and/or disposal of hazardous materials, such as diesel exhaust. (Impact 4.5-1: Less Than Significant without mitigation) • Construction activities associated with implementation of the proposed Transit Zoning Code (SD 84A and SD 8413) would result in the release of hazardous materials to the environment through reasonably foreseeable upset and accident conditions. (Impact 4.5-2: Less Than Significant with mitigation) • Construction activities associated with the implementation of the Transit Zoning Code would result in the handling of hazardous materials, substances, or waste within one - quarter mile of an existing school. (Impact 4.5-3: Less Than Significant without mitigation) • The Transit Zoning Code (SD 84A and SD 8413) includes sites which are included on a list of hazardous materials sites and as a result, would create a significant hazard to the public or environment. (Impact 4.5-4: Less Than Significant with mitigation) • Construction activities associated with the implementation of the Transit Zoning Code could result in a safety hazard for people residing or working in the project area. (Impact 4.5-5: Less Than Significant with mitigation) • The Transit Zoning Code could impair the implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan resulting in a significant impact. (Impact 4.5-6: Less Than Significant with mitigation) .Ian Y OUnCII 21 — 60 ysis TZC EIR Mitigation Measures MM4.5-1 When sites that are listed in the EDR Report initiate project development, the project applicant shall prepare a Phase I ESA for the proposed site. The Phase I ESA shall be prepared in accordance with ASTM E-1527-05 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" (November 1, 2006). The purpose of a Phase I ESA is to identify environmental conditions at a proposed project site that may suggest environmental contamination. The Phase I ESA report shall be prepared by a CA EPA Registered Environmental Assessor or similarly qualified individual prior to initiating any construction activities at the site. If recommended in the Phase I ESA, the project sponsor shall undertake (or require the responsible party to undertake) a Phase II ESA soil sampling plan; or if any environmental contamination is identified by the Phase I ESA, the project sponsor shall implement (or require the responsible party to implement) the recommendations of the report to further investigate and to remove any soil contamination. (Impact 4.5-2) MM4.5-2 In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction in the Transit Zoning Code (SD 84A and SD 84B) area, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post -development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post -development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., Santa Ana Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. (Impact 4.5-2) MM4.5-3 Prior to the demolition of structures that were constructed before 1980, a thorough investigation shall be completed to determine if asbestos, lead, or PCBs exist on the site. All demolition that could result in the release of lead and/or asbestos must be conducted according to Cal/OSHA standards. (impact 4.5-2) MM4.54 For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's aeronautical evaluation of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the project shall be reviewed by the ALUC for consistency analysis. (Impact 4.5-5) MM4.5-5 Prior to initiation of construction activities, any development within the Transit Zoning Code (SD 84A and SD 84B) Area shall have a completed traffic control plan, prepared by the project proponent that will be implemented during construction activities. This may include, but is not limited to, the maintenance of at least one unobstructed lane in both directions on surrounding roadways. At any time if only a single lane is available, the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating alternative routes. (Impact 4.5-6) Jan Y to' Ur1Cll 21 — 61 ysis MM4.5-6 The City Public Works Department shall consult with the Santa Ana Police Department and the Santa Ana Fire Department to disclose temporary closures and alternative travel routes in order to ensure adequate access for emergency vehicles when construction of future projects would result in temporary land or roadway closures. (Impact 4.5-6) MM4.5-7 The Santa Ana Fire Department, in consultation with other applicable City Departments (e.g., Police), shall update their Emergency Preparedness Plan prior to occupancy of the first project developed under the Transit Zoning Code (SD 84A and SD 8413), to address the potential for the accidental release of hazardous materials that may be used, stored, and/or transported in association with operation of project implementation. (Impact 4.5-6) MM4.5-8 Project applicants shall submit evacuation plans on a project by project basis that shall be reviewed and approved by the City Police and Fire Departments. (Impact 4.5-6) Project Analysis and Conclusion The City determined that impacts related to people residing or working in the vicinity of a private airstrip/heliport and wildland areas would have no impact (DEIR Section 4.5.3: Effects Found to Have No Impact). Impacts related to transportation, storage and disposal of hazardous materials (Impact 4.5-1) and handling of hazardous materials near a school (Impact 4.5-3) were below the level of significance and did not require mitigation. Impacts related to reasonably upset of hazardous materials into the environment (Impact 4.5-2), hazardous materials sites (Impact 4.5-4), construction safety hazards for people or residing in the TZC area (Impact 4.5- 5) and interference with an adopted emergency response plan (Impact 4.5-6) were less than significant with the implementation of mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would require that no material or waste shall be deposited upon a subject parcel in such form or manner that it may be transferred off the parcel by natural causes or forces and that all materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with City of Santa Ana regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited. No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.5-1 through MM4.5-8 would continue to apply. Therefore, the project does not trigger new hazards and hazardous materials impacts requiring the preparation of a subsequent or supplemental EIR. In addition, compliance with the existing regulations and Jan Y to' Ur1Cll 21 — 62 ysis proposed amendments will assure that potential impacts to hazards and hazardous materials are not exacerbated. There would be no new or more severe significant impacts to hazards and hazardous materials. 5.6 HYDROLOGY AND WATER QUALITY This section analyzes the effects to hydrology and water quality from implementing the proposed zoning code regulations. Would the project: a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner that would result in substantial erosion or siltation on or off site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site? e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g. Otherwise substantially degrade water quality? h. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? i. Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? j. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? k. Expose people or structures to a significant risk of loss, injury, or death involving inundation by seiche, tsunami, or mudflow? TZC EIR Conclusions • The Transit Zoning Code (SD 84A and SD 84B) area is not located within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, and is not within the 100-year or 500- year flood hazard area. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not within the 100-year flood hazard area, (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not located in the flood inundation area of the Prado Dam or the Santiago Dam. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The proposed Transit Zoning Code (SD 84A and SD 84B) would not expose people to a significant risk of loss, injury, or death involving inundation by a seiche, tsunami, or mudflow because the project site is not located near a coastal area, large water body, or Jan Y ouncil 21 — 63 ysis unstable and exposed hills or slopes. (DEIR Section 4.6.3: Effects Found to Have No Impact) • Implementation of the Transit Zoning Code would not violate water quality standards, waste discharge, or otherwise substantially degrade water quality. (Impact 4.6-1: Less Than Significant with mitigation) • The majority of the Transit Zoning Code (SD 84A and SD 84B) area is already developed and because the project area is not used for groundwater recharge, the operation of future development under the proposed project would not interfere substantially with groundwater recharge. (Impact 4.6-2: Less Than Significant without mitigation with mitigation) • Development under the Transit Zoning Code (SD 84A and SD 84B) could alter the existing drainage pattern of the area and potentially result in erosion and siltation. (Impact 4.6-3: Less Than Significant) • Future development in the Transit Zoning Code (SD 84A and SD 84B) could alter the existing drainage pattern and potentially result in increased downstream flooding through the addition of impervious surfaces, or exceeding the capacity of existing or planned stormwater drainage systems. (Impact 4.6-4: Less Than Significant with mitigation) TZC EIR Mitigation Measures MM4.6-1 In order to comply with the current version of the Drainage Area Master Plan (DAMP), future development projects in the Transit Zoning Code (SD 84A and SD 84B) area shall prepare Storm Drain Plans, Stormwater Pollution Prevention Plans (SWPPP), and Water Quality Management Plans (WQMP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, shall be submitted to the Public Works Agency for review and approval. a. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows, and for nuisance flows during construction. The SWPPP may include, but would not necessarily be limited to, the following applicable measures: o Minimum required pavement widths for residential streets needed to comply with all zoning and applicable ordinances o Use permeable materials for private sidewalks, driveways, parking lots, or interior roadway surfaces o Reduce the overall imperviousness associated with parking lots by using pervious materials in spillover parking areas o Direct rooftop runoff to pervious areas and avoid routing rooftop runoff to the roadway or the stormwater conveyance system o Biofilters including vegetated swales and strips o Extended/dry detention basins o Infiltration basin o Infiltration trenches or vaults o Catch basin inserts Jan y to' Ur1Cll 21 — 64 ysis o Continuous flow deflection/separation systems o Storm drain inserts o Media filtration o Foundation planting o Catch basin screens o Normal flow storage/separation systems o Clarifiers o Filtration systems o Primary waste water treatment systems o Dry Wells o Cistern b. A WQMP shall be prepared, maintained, and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall incorporate water quality measures for all improved phases of the project. (Impact 4.6-1 and Impact 4.6-3) MM4.6-2 Prior to issuance of grading permits for future development projects in the Transit Zoning Code (SD 84A and SD 8413) area, applicants shall submit site -specific Hydrology and Hydraulic Studies to the Public Works Department for review and approval. If existing facilities are not adequate to handle runoff that may be generated by the proposed development, then the applicant shall propose feasible remedies to assure that adequate drainage facilities will be available prior to issuance of occupancy permits. The applicant may propose storm drain improvements to be constructed in order to meet project needs. If necessary storm drain upgrades cannot be implemented prior to issuance of occupancy permits, on site detention facilities or other methods acceptable to the City shall be included with new development projects to ensure that post -construction runoff does not exceed pre -development quantities. (Impact 4.6-4) MM4.6-3 During the design of individual projects, applicants shall minimize impervious area by incorporating landscaped areas over substantial portions of a proposed project area. Furthermore, impervious areas shall be directly connected to landscaped areas or bioretention facilities to promote filtration and infiltration of stormwater. (Impact 4.6-4) MM4.6-4 During the design of individual projects, applicants shall control structural source through storm drain stenciling and signage, coverage of trash area to minimize direct precipitation, efficient irrigation to minimize runoff into stormwater conveyance system, slope and channel protection to decrease potentials for erosions of slopes, and use of deep-rooted, drought tolerant plant species for erosion control. (Impact 4.6-4) Project Analysis and Conclusion The City determined that impacts related to within a 100-year flood hazard area, flood inundation area, inundation from the Prado Dam, a seiche, tsunami, or mudflow would have no impacts (DEIR Section 4.6-3). Impacts related to interference with groundwater recharge (Impact 4.5-1), alteration to existing drainage patterns (Impact 4.6-3) and increased downstream flooding (Impact 4.6-4) were less than significant with the implementation of mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of specific development projects, introduce new land uses nor increase the intensity the existing uses. The new regulations would require liquid or Jan Y ouncil 21 — 65 ysis solid wastes discharged from future development projects be properly treated and would therefore not pollute or contaminate any water courses or groundwater. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.6-1 through MM4.6-4 would continue to apply. Therefore, the project does not trigger new hydrology and water quality impacts requiring the preparation of a subsequent or supplemental EIR. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Therefore, there would be no new or more severe significant impacts to hydrology and water quality. 5.7 LAND USE This section analyzes the effects on land use from implementing the proposed zoning code regulations. Would the project: a. Introduce new land uses that would result in conflicts of use? b. Physically divide an established community? c. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. ? d. Conflict with any applicable habitat conservation plan or natural community conservation plan? TZC EIR Conclusions • The Transit Zoning Code (SD 84A and SD 84B) area is not located within either a natural community plan or applicable habitat conservation plan. The Transit Zoning Code (SD 84A and SD 84B) area does not contain any critical or sensitive habitat. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) would not result in conflicts of use. (Impact 4.7-1: Less Than Significant without mitigation) • The proposed Transit Zoning Code (SD 84A and SD 84B) would not physically divide an established community. (Impact 4.7-2: Less Than Significant without mitigation) • The proposed Transit Zoning Code (SD 84A and SD 84B) would conflict with the Santa Ana General Plan by adopting standards and land uses not currently allowed within the proposed Transit Zoning Code (SD 84A and SD 84B) area; however, as part of the proposed project, the General Plan would be amended to incorporate the proposed land uses and development standards. (Impact 4.7-3: Less Than Significant without mitigation) TZC EIR Mitigation Measures All impacts were below the level of significance and mitigation measures are not necessary nor recommended. .Ian Y OUnCII 21 — 66 ysis Project Analysis and Conclusion The City determined that impacts related to conflicts with a natural community plan or applicable habitat conservation plan would have no impacts (DEIR Section 4.6.3: Effects Found to Have No Impact). Impacts related to incompatible land uses (Impact 4.7-1), potential to divide an established community (Impact 4.7-2), and conflicts with the Santa Ana General Plan (Impact 4.7-3) were below the level of significance and did not require mitigation. The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan, as required by Government Code Section 65860, by timely addressing current inconsistencies within an area of the City prioritized for addressing environmental justice and impacts were found to be less than significant. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC area. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: • Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles. • Resolving the conflict of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse. • Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses. • Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heave industrial facilities and emission sources. • Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC. • Developing and adopting new regulations to address facilities that emit high levels increased pollution near sensitive receptors within EJ (Environmental Justice) area boundaries, which includes areas of the TZC. • Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors • Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. Jan Y to' Ur1Cll 21 — 67 ysis Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through discontinuing nonconforming industrial uses through amortization: LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. LU3.3 - 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. CN1.4 - 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. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. CN1.11 - 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. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. HE44.A — Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. Implementation of the proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations does not trigger new land use impacts that might otherwise occur with a development project requiring preparation of a supplemental or subsequent EIR. The new regulations would provide that any nonconforming business that operates in an unlawful manner, including but not limited to, frequent code violations, police calls, or loitering complaints, or is not in good standing with the City, including, but limited to constant service calls or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including business license revocation or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one violation, call, or complaint per month during any twelve month period, and "constant service calls" is defined as more than one service call per month during any twelve (12) month period. Thus, the project would not physically divide an established community, or conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental impact. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Therefore, the project does not trigger new land use impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to land use. Jan Y ouncil 21 — 68 ysis 5.8 NOISE This section analyzes the effects to noise from implementing the proposed zoning code regulations. Would the project: a. Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Expose persons to or generate excessive groundborne vibration or groundborne noise levels? c. Cause a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. Cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? TZC EIR Conclusions • The project is not located within an airport land use plan or within 2 miles of a public airport or public use airport. (DEIR Section 4.8.3: Effects Found to Have No Impact) • Construction activities associated with the proposed project would generate noise levels that exceed the noise standards established by the City of Santa Ana Municipal Code. (Impact 4.8-1: Less Than Significant with mitigation) • Operation of the proposed project could expose noise -sensitive land uses to noise levels that exceed the standards established by the City of Santa Ana General Plan. (Impact 4.8-2: Less Than Significant with mitigation) • Operation of the proposed project would not expose sensitive receptors on or off site to excessive groundborne vibration or groundborne noise levels, (Impact 4.8-3: Less Than Significant without mitigation) • Occupants of the proposed residential units would not be exposed to potentially significant vibration levels. (Impact 4.8-4: Less Than Significant without mitigation) • Physical impact from an increase in ambient noise levels could occur from the construction activities associated with the proposed project, an adverse effect on the nearby residents would not occur. (Impact 4.8-5: Less Than Significant) • No temporary or periodic noise impacts to on- or off -site receptors due to operation of the project. (Impact 4.8-6: Less Than Significant without mitigation) • Operation of the proposed project would not generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity. (Impact 4.8-7: Less Than Significant without mitigation)Operation of the Southern California Regional Rail Authority's (SCRRA) rail line would potentially expose noise -sensitive land uses located within the Transit Zoning Code (SD 84A and SD 84B) area to noise levels that exceed the standards established by the City of Santa Ana General Plan. (Impact 4.8-8: Significant and Unavoidable and no feasible mitigation) • Construction activities associated with the proposed project would generate or expose persons or structures to excessive groundborne vibration. (Impact 4.8-9: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures Jan Y to' Ur1Cll 21 — 69 ysis MM4.8-1 All construction activity within the City shall be conducted in accordance with Section 18-314(e) of the City of Santa Ana Municipal Code. (Impact 4.8-1 and Impact 4.8-9) MM4.8-2 Each project applicant shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: Two weeks prior to the commencement of construction, notification must be provided to property owners within 300 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period Ensure that construction equipment is properly muffled according to industry standards and be in good working condition Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible Schedule high noise -producing activities between the hours of 8:00 A.M. and 5:00 P.M. to minimize disruption on sensitive uses Implement noise attenuation measures, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources Use electric air compressors and similar power tools rather than diesel equipment, where feasible Construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1) MM4.8-3 Each project applicant shall require by contract specifications that construction staging areas along with the operation of earthmoving equipment within the project area would be located as far away from vibration and noise sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9) MM4.8-4 Each project applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9) MM4.8-5 When residential uses would be located in areas with noise levels in excess of 60 dBA CNEL (either through conversion of use/structure or new construction), the project applicant shall provide noise barriers around private open space areas, including patios and balconies, as necessary. The height and density of the barriers shall be sufficient to reduce the exterior noise levels within private open space areas to a CNEL of 65 dBA or less. (Impact 4.8-2) Jan Y to' Ur1Cll 21 — 70 ysis MM4.8-6 Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. (Impact 4.8- 2) MM4.8-7 Each project applicant shall provide proper shielding for all new HVAC systems used by the proposed residential and mixed use buildings to achieve an attenuation of 15 dBA at 50 feet from the equipment. (Impact 4.8-2) MM4.8-8 The City shall provide a written statement to each applicant for projects located within 400 feet of the SCRRA tracks that shall be provided for each residential unit and resident, notifying them of potential noise and vibration issues associated with the railroad tracks, including the following: Notice of Disclosure Each owner's [or renter's] interest is subject to the fact that trains operate at different times of the day and night on the railway tracks immediately adjacent to a project site; and that by accepting the conveyance of an interest [or lease agreement] in that project, owner [or renter] accepts all impacts generated by the trains. Posting of Notice of Disclosure in each residential unit. Prior to offering the first residential unit for purchase, lease, or rent, the property owner or developer shall post a copy of the Notice of Disclosure in every unit in a conspicuous location. Also, a copy of the Notice of Disclosure shall be included in all materials distributed for the Project, including but not limited to: the prospectus, informational literature, and residential lease and rental agreements. (Impact 4.8-8) Project Analysis and Conclusion The City determined that no impacts related to the proximity public use airport would not result in impacts would result. Impacts related to exposure of sensitive receptors from excessive groundborne vibration (Impact 4.8-3), potentially significant vibration levels (Impact 4.8-4), ambient noise increase (Impact 4.8-5), periodic noise impacts (Impact 4.8-6), and noise from increased traffic volumes (Impact 4.8-7) were below the level of significance and did not require mitigation. Impacts from noise levels exceeding City noise standards (Impact 4.8-1) and exposure to noise -sensitive land uses (Impact 4.8-2) were less than significant with the implementation of mitigation measures. Impacts causing groundborne vibration and development exposure near the Southern California Regional Rail Authority's (SCRRA) rail line (Impact 4.8-8) and construction activities from project implementation (Impact 4.8-9) were found to be significant and unavoidable. Specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would limit daily operations times and days of week, and maximum noise that could be generated from existing uses. No industrial use shall generate ground vibration perceptible without instruments at any point along the property line of the site except for motor vehicle operations. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel are exempt from this standard. Jan Y ouncil 21 — 71 ysis Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.8-1 through MM4.8-8 would continue to apply. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. This will result in a beneficial impact. Therefore, the existing less than significant and significant and unavoidable noise impacts would not result in new or different impacts. 5.9 POPULATION, HOUSING AND EMPLOYMENT This section analyzes the effects to population, housing and employment from implementing the proposed zoning code regulations. Would the project: a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? TZC EIR Conclusions • Implementation of the proposed project would accommodate projected population and housing growth. (Impact 4.9-1: Less Than Significant without mitigation) Construction of development projects pursuant to the Transit Zoning Code (SD 84A and SD 84B) could displace existing people or housing. However, this displacement would not necessitate the construction of additional replacement housing elsewhere. (Impact 4.9-2: Less Than Significant without mitigation) TZC EIR Mitigation Measures All impacts were below the level of significance and mitigation measures are not necessary nor recommended. Project Analysis and Conclusion The City determined that impacts related to accommodating population and housing growth Impact 4.9-1) and displacement of existing housing (Impact 4.9-2) were below the level of significance and did not require mitigation. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require development of housing units. The new regulations would provide architectural standards to any future development that would regulate the manner in which individual parcels and blocks are developed to create diverse and pedestrian -oriented development that would be consistent with the TZC area. In addition, there shall be no increase in the number of dwelling units unless the site on which the structure is .Ian Y OUnCII 21 — 72 ysis located complies with the off-street parking and open space requirements of the SAMC. Therefore, the existing less than significant population, housing and employment impacts would not result in new or different impacts nor would it increase unplanned growth and does not trigger new population and housing impacts requiring the preparation of a subsequent or supplemental EIR. 5.10 PUBLIC SERVICES This section analyzes the effects to public services and recreational and park facilities from implementing the proposed zoning code regulations. Would the project: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection? b. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection? c. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools? d. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for library services? e. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for park services? TZC EIR Conclusions Construction of new projects pursuant to the Transit Zoning Code (SD 84A and SD 8413) would increase the demand for fire protection services, but it would not require the construction of new or physically altered facilities to accommodate the increased demand or maintain acceptable response times. (Impact 4.10-1: Less Than Significant with mitigation) • Operation of the proposed project would increase the demand for police services, thereby requiring additional staffing, although it would not require the construction of new or physically altered facilities or personnel to accommodate the increased demand. (Impact 4.10-2: Less Than Significant with mitigation) Construction of new residential units within the project area would generate new students that could require the addition of new classroom facilities, thereby requiring Jan Y to' Ur1Cll 21 — 73 ysis new or physically altered facilities to accommodate additional students in Santa Ana Unified School District (SAUSD) schools. (Impact 4.10-3: Less Than Significant) • Construction of new residential units within the project area would generate new library users that could require the addition of new library facilities. (Impact 4.10-4: Less Than Significant without mitigation) • All properties identified as having new development potential to be built out pursuant to the provisions of the Transit Zoning Code (SD 84A and SD 84B) these new projects would generate a need for new or physically altered park facilities in order to maintain acceptable service ratios. (Impact 4.10-5: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.10-1 Prior to an issuance of a building permit, individual projects in the Transit Zoning Code (SD 84A and SD 84B) area shall perform a water supply, fire flow test and fire protection system design analysis to ensure that proposed projects are in accordance to meet standard fire protection design requirements. (Impact 4.10-1) MM4.10-2 Any development that would exceed two stories in height shall submit site -specific security plans to the SAPD for review prior to issuance of a building permit. (Impact 4.10-2) MM4.10-3 No developer within the Transit Zoning Code (SD 84A and SD 84B) boundaries shall utilize a frequency of 800 MHz, which is reserved for emergency services. (Impact 4.10-2) MM4.10-4 Individual project developers shall pay school impact fees prior to the issuance of occupancy permits. (Impact 4.10-3) MM4.10-5 Prior to issuance of a building permit for a residential development project, or change of use from non-residential to residential within the Transit Zoning Code (SD 84A and SD 84B) area, project applicants shall pay to the City of Santa Ana the Park Acquisition and Development Fee. (Impact 4.10-5) Project Analysis and Conclusion The City determined that impacts related to the provision of library services (Impact 4.10-4) and recreation park facilities (Impact 4.10-5) were below the level of significance and did not require mitigation. Impacts related to fire services (Impact 4.10-1), Police services (Impact 4.10-2) and generation of new school children (Impact 4.10-3) were less than significant with the implementation of mitigation measures. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.10-1 through MM4.10-5 would continue to apply. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated, which will result in a beneficial impact to public services. Therefore, the existing less than significant and significant and public services impacts would not result in new or different impacts. 5.11 TRANSPORTATION Jan Y ouncil 21 — 74 ysis This section analyzes the effects on transportation from implementing the proposed zoning code regulations. Would the project: a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capacity g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks) TZC EIR Conclusions • Operation of the proposed project would result in impacts related to neighborhood traffic in the adjacent residential areas to the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.11-1: Less Than Significant with mitigation) • Long-term cumulative development pursuant to the implementation of the Transit Zoning Code would exceed standards established by the Orange County Transportation Authority within the study area. (Impact 4.11-2: Less Than Significant without mitigation) • Development projects constructed pursuant to the standards contained within the Transit Zoning Code would not result in a change in air traffic patterns. (Impact 4.11-3: Less Than Significant) without mitigation • Development projects constructed pursuant to the Transit Zoning Code would not increase hazards due to a design future or incompatible uses. (Impact 4.11-4: Less Than Significant without mitigation) • Development projects constructed pursuant to the Transit Zoning Code could result in inadequate emergency access. (Impact 4.11-5: Less Than Significant without mitigation) • Long-term cumulative development under the implementation of the Transit Zoning Code would not result in inadequate parking capacity. (Impact 4.11-6: Less Than Significant without mitigation) • The Transit Zoning Code would not conflict with adopted policies, plans, or programs supporting alternative transportation. (Impact 4.11-7: Less Than Significant) • Long-term cumulative development under implementation of the Transit Zoning Code would cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. (Impact 4.11-8: Less Than Significant with mitigation) • Long-term cumulative development under implementation of the Transit Zoning Code would result in impacts related to freeway ramps in the vicinity of the Transit Zoning Jan Y ouncil 21 — 75 ysis Code area. (Impact 4.11-9: Less Than Significant with mitigation and Significant and Unavoidable due to a public agency (Caltrans) approval other than the City) TZC EIR Mitigation Measures MM4.11-1 The City of Santa Ana shall, during any roadway improvement within the Transit Zoning Code boundaries, evaluate, consider, and implement as appropriate the traffic calming measure(s), including but not limited to the following: o Curb extensions at local intersections o Short medians at entries to wide streets o Traffic circles at oversized intersections o Speed humps o Turn restrictions (Impact 4.11-1) MM4.11-2 As part of the project, the City of Santa Ana and the project sponsors shall work with the transit providers to implement various transit -related measures to improve and expand bus system service within the Transit Zoning Code (SD 84A and SD 84B) area. These measures may include, but are not limited to, the following: o Adding bus stops to the Transit Zoning Code (SD 84A and SD 84B) area along existing roadways o Changing bus service headways to respond to increased demand o Changing bus service destinations to respond to changing demand o Adding local shuttle service for employees and patrons of the Transit Zoning Code (SD 84A and SD 84B) area o The details of bus service improvements shall be determined in coordination with OCTA. The following recommendations would help encourage public transit patronage for project -related trips: o Bus Stop Locations —Relocation of existing bus stops and the provision of additional bus stops should be considered to accommodate transit users at convenient locations. o Days of Operation —The City should work with OCTA to consider changes to route times to serve nighttime and weekend project visitors and employees. o Headway —The City should work w would be appropriate to reduce them Code (SD 84A and SD 84B) area. MM4.11-3 The City of Santa Ana Public Works Agency shall monitor the traffic signals within the Transit Zoning Code study area once every five years to ensure that traffic signal timing is optimized. (Impact 4.11-8) MM4.11-4 The City of Santa Ana shall institute a program for systematic mitigation of impacts as development proceeds within the Transit Zoning Code to ensure mitigation of the individual improvements. The program shall prescribe the method of participation in the mitigation program by individual projects and guide the timely implementation of the mitigation measures. The program shall include the following elements: A funding and improvement program should be established to identify financial resources adequate to construct all identified mitigation measures in a timely basis. All properties that redevelop within the Transit Zoning Code should participate in the program on a fair share per new development trip basis. The fair share should be based upon the total cost of all identified mitigation measures, divided by the peak hour trip generation increase forecast. Jan Y to' Ur1Cll 21 — 76 ysis This rate per peak hour trip should be imposed upon the incremental traffic growth for any new development within the Transitioning Code. The program should raise funds from full development of the Transit Zoning Code to fund all identified mitigation measures. The program should monitor phasing development of the Transit Zoning Code and defer or eliminate improvements if the densities permitted in the Transit Zoning Code are not occurring. Program phasing should be monitored through preparation of specific project traffic impact studies for any project that is expected to include more than 100 dwelling units or 100,000 sf of non-residential development. Traffic impact studies should use traffic generation rates that are deemed to be most appropriate for the actual development proposed. Properties within Santa Ana and within one-half mile of the Transit Zoning Code that redevelop to result in higher traffic generation should also participate in the program to insure equity. The City may elect to implement appropriate mitigation measures as a condition of approval of the proposed developments, where appropriate. All or part of the costs of these improvements may be considered to be a negotiated credit toward the program, however the program must be administered in a manner that assures that it can fund necessary improvements to maintain adequate level of service at all intersections within this study. If funding of priority improvements cannot be assured, credit for construction of lower priority improvements may not be assured or may be postponed until more program funds are available. (Impact 4.11-8) MM4.11-5 Main Street at First Street —Install a second northbound and southbound left -turn lanes and a dedicated northbound right -turn lane for 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-6 Lacy Street at Santa Ana Boulevard —Install a traffic signal and provide exclusive left -turn lane for both northbound and southbound directions for both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-7 Lacy Street at First Street —Install a traffic signal for both 2030 and 2035 conditions, a traffic signal, and provide exclusive left -turn lane for both northbound and southbound directions for both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-8 Santiago Street at Washington Avenue —Install a traffic signal and provide one exclusive left -turn lane for both eastbound and westbound traffic for 2035 conditions only. (Impact 4.11-8) MM4.11-9 Santiago Street at Civic Center Drive —Install a traffic signal and provide: one exclusive left -turn lane, one through lane, and one shared through and right -turn lane on northbound and southbound approaches; and one exclusive left -turn lane and one shared through and right lane on eastbound and westbound approaches. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-10 Santiago Street at Santa Ana Drive —Construct a second southbound left -turn lane for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-11 Santiago Street a Fourth Street —Install a traffic signal. The lane configuration for the signal is recommended as 1 Left, 1 Through, 1 Through+ Right for all approaches. (Impact 4.11-8) Jan Y to' Ur1Cll 21 — 77 ysis MM4.11-12 Standard Street at First Street —Construct third eastbound and westbound shared through -right lanes for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-13 Grand Avenue at Santa Ana Boulevard —Construct a third southbound through lane and eastbound right -turn overlap signal phasing. (Impact 4.11-8) MM4.11-14 Grand Avenue at First Street —Construct a third eastbound shared through/right- turn lane, a third westbound shared through/right-turn lane, and a third northbound through lane with dedicated northbound right -turn lane for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-15 Grand Avenue at 1-5 Northbound Ramps —Construct a second westbound right -turn lane and for the 1-5 northbound off ramp under both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-16 1-5 at Santa Ana Blvd. —Northbound Off -Ramp —The City of Santa Ana Department of Public Works shall coordinate with Caltrans for the installation of a second ramp lane for the 1-5 northbound off ramp. The improvement shall be implemented to mitigate 2035 conditions. (Impact 4.11-9) Project Analysis and Conclusion The City determined that impacts related to exceeding standards from the Orange County Transportation Authority (Impact 4.111-2), change in air traffic patterns (Impact 4.11-3), hazards due to a design future or incompatible uses (Impact 4.11-4), inadequate emergency access (Impact 4.11-5), inadequate parking capacity (Impact 4.11-6), and alternative transportation (Impact 4.11-7) were below the level of significance and did not require mitigation. Impacts related to neighborhood traffic (Impact 4.11-1) and traffic increases to the existing traffic load (Impact 4.11-8) were less than significant with the implementation of mitigation measures. Impacts related to development near freeway ramps (Impacts 4.11-9) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.11-1 through MM4.11-16 would continue to apply. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would provide recharging spaces for electric vehicles. Also, all truck parking areas must be on paved surfaces and the parking, loading or unloading of trucks associated with a business on public streets is prohibited. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. This will result in a beneficial impact to transportation. Therefore, the existing less than significant and significant and unavoidable transportation impacts would not result in new or different impacts. 5.12 UTILITIES AND SERVICE SYSTEMS This section analyzes the effects to utilities and service systems from implementing the proposed zoning code regulations. Would the project: Jan y to' Ur1Cll 21 — 78 ysis a. Require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? b. Require new or expanded water entitlements and resources if there are not sufficient water supplies available to serve the project from existing entitlements and resources? TZC EIR Conclusions • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would generate an additional demand for water, but would not require water supplies in excess of existing entitlements and resources or result in the need for new or expanded entitlements. (Impact 4.12-1: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not require or result in the construction of new or expanded water treatment facilities, the construction of which could cause significant environmental effects. (Impact 4.12-2: Less Than Significant)without mitigation Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not exceed wastewater treatment requirements of the Orange County Sanitation District. (Impact 4.12-3: Less Than Significant without mitigation) Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) could require the construction of new or expanded wastewater conveyance systems, the construction of which would not cause significant environmental effects. (Impact 4.12-4: Less Than Significant with mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not increase wastewater generation such that treatment facilities would be inadequate to serve the project's projected demand in addition to the provider's existing commitments. (Impact 4.12-5: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code would not generate solid waste that exceeds the permitted capacity of landfills serving the area. (Impact 4.12-6: Less Than Significant without mitigation) • Long-term cumulative development under the implementation of the Transit Zoning Code (SD 84A and SD 84B) would comply with all applicable federal, state, and local statutes and regulations related to solid waste. (Impact 4.12-7: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would increase the demand for electricity and gas, but would not require or result in the construction of new energy production or transmission facilities, the construction of which could cause a significant environmental impact. (Impact 4.12-8: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.12-1 Individual project applicants shall prepare site -specific sewer evaluations, including flow monitoring and modeling, during the project design to determine the adequacy of the existing sewer pipe capacity in the affected project area lines. The evaluation shall be submitted to the City of Santa Ana or OCSD, as appropriate, for review and approval prior to issuance of building permits. Any recommendations made in the site -specific sewer evaluations shall be incorporated into the design of each individual project. (Impact 4.12-4) Jan Y to' Ur1Cll 21 — 79 ysis MM4.12-2 Individual non-residential project applicants are encouraged to apply for Southern California Edison's "Savings By Design" program. The program is aimed at generating an overall reduction in energy use through design methods and incentive programs by maintaining a 15% or greater exceedance of Title 24. (Impact 4.12-8) MM4.12-3 Individual development projects within the boundaries of the Transit Zoning Code (SD 84A and SD 84B) shall implement energy conservation measures (such as energy -efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for electricity and natural gas as part of the project design. The energy conservation measures shall be subject to modification as new technologies are developed, or if current technology becomes obsolete, through replacement and shall be reviewed by the Planning and Building Agency prior to issuance of a building permit. (Impact 4.12-8) MM4.12-4 Individual development projects within the boundaries of the Transit Zoning Code (SD 84A and SD 84B) shall implement energy conservation measures (such as energy -efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for electricity and natural gas as part of the project design. The energy conservation measures shall be subject to modification as new technologies are developed, or if current technology becomes obsolete, through replacement and shall be reviewed by the Planning and Building Agency prior to issuance of a building permit. (Impact 4.12-8) Project Analysis and Conclusion The City determined that impacts related to additional water demand (Impact 4.12-1), expanded water treatment facilities (Impact 4.12-2), exceed wastewater treatment requirements (Impact 4.12-3), increase wastewater generation (Impact 4.12-5), generate solid waste exceeding permitted capacity (Impact 4.12-6), and compliance with applicable federal, state, and local solid waste regulations (Impact 4.12-7) were below the level of significance and did not require mitigation. Impacts related to new or expanded wastewater conveyance systems (Impact 4.12- 4) and an increased demand for electricity and gas (Impact 4.12-8) were less than significant with the implementation of mitigation measures. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.12-1 through MM4.12-4 would continue to apply. The new regulations identified in Table 1 — Current and Proposed Text Regulations would provide any nonconforming business that operates in an unlawful manner, including but not limited to, frequent code violations, police calls, or loitering complaints, or is not in good standing with the City, including, but limited to constant service calls or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including business license revocation or terminating utility services or connections. Also, in addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated which will result in a beneficial impact to utilities and service systems. Therefore, the existing less than significant utilities and service systems impacts would not result in new or different impacts requiring the preparation of a subsequent or supplemental EIR. 5.13 GLOBAL CLIMATE CHANGE This section analyzes the effects to global climate change from implementing the proposed zoning code regulations. Would the project: Jan Y ouncil 21 — 80 ysis a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Generate greenhouse gas emissions, conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gas? TZC EIR Conclusions • Long-term cumulative development pursuant to the Transit Zoning Code at full build -out would result in significant localized air quality impacts for operational level emissions. As a whole, this impact is significant for operational emissions due to the size of the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.13-1: Significant and Unavoidable and no feasible mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code at full build -out has the potential to conflict with AB 32. The Project as a whole is significant for operational emissions due to the size of the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.13-2: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures MM4.13-1 All diesel fueled construction equipment shall be classified EPA Tier II or better emission efficiencies. (Impact 4.3-1) MM4.13-2 All construction equipment shall be shut off when not in use and shall not idle for more than five minutes, unless actively engaged in construction activities. MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely necessitated by grading or construction activities. (Impact 4.3-1) MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely necessitated by grading or construction activities. (Impact 4.3-1) MM4.13-4 All on -road construction trucks and other vehicles greater than 10,000 pounds shall be shut off when not in use and shall not idle for more than 5 minutes. (Impact 4.3-1) MM4.13-5 To the extent feasible, all diesel- and gasoline -powered construction equipment shall be replaced with equivalent electric equipment. MM4.13-6 Project plans and specifications shall include policies and procedures for the reuse and recycling of construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). (Impact 4.3-1) MM4.13-7 Project plans and specifications shall include education for construction workers about reducing waste and using available recycling services. (Impact 4.3-1) MM4.13-8 Prior to issuance of a building permit, the applicant shall demonstrate that the design of the proposed buildings or structures meets or exceeds the most recent Title 24 requirements (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings; Cool Roof Coatings performance standards), subject to review by the City Building Official. Documentation of compliance with this measure shall be provided to the Planning and Building Agency and Building Official for review and approval prior to issuance of the permit. Installation of the identified design features or Jan Y ouncil 21 — 81 ysis equipment will be confirmed by the City Building Official prior to certificate of occupancy. The following design features should be considered by the applicant as a way to achieve Title 24 compliance in excess of the minimum requirement: o Increase in insulation such that heat transfer and thermal bridging is minimized o Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption o Incorporate dual -paned or other energy efficient windows o Incorporate energy efficient space heating and cooling equipment o Incorporate energy efficient light fixtures o Incorporate energy efficient appliances o Incorporate energy efficient domestic hot water systems o Incorporate solar panels into the electrical system o Incorporate cool roofs/light-colored roofing Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended September 11, 2008; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent. (Impact 4.3-1) MM4.13-9 Prior to issuance of a building permit, applicants for individual projects shall provide a landscape plan that includes shade trees around main buildings, particularly along southern elevations where practical, and will not interfere with loading dock locations or other operational constraints. Documentation of compliance with this measure shall be provided to the Planning and Building Agency for review and approval. (Impact 4.3-1) MM4.13-10 All showerheads, lavatory faucets, and sink faucets within the residential units, and where feasible within non-residential developments, shall comply with the California Energy Conservation flow rate standards. (Impact 4.3-1) MM4.13-11 Low -flush toilets shall be installed within all Congregate Care units as specified in California State Health and Safety Code Section 17921.3. MM4.13-12 Project designers should consider design features to incorporate light-colored roofing materials that will deflect heat away from the building and conserve energy. (Impact 4.3- 1) MM4.13-13 Landscape designers shall ensure that landscaping of common areas for Industrial/Commercial projects uses drought -tolerant and smog -tolerant trees, shrubs, and groundcover to ensure long-term viability and conserve water and energy. (Impact 4.3-1) MM4.13-14 Landscape designers shall ensure that the landscape plan for Industrial/Commercial projects includes drought resistant trees, shrubs, and groundcover within the parking lot and perimeter. (Impact 4.3-1) MM4.13-15 Individual project applicants shall ensure that designs for Industrial/Commercial projects include all illumination elements to have controls to allow selective use as an energy conservation measure. (Impact 4.3-1) MM4.13-16 The applicant for Industrial/Commercial projects should promote ride sharing programs such as, but not necessarily including, publishing ride sharing information for all of Jan Y ouncil 21 — 82 ysis the tenants, designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a website or message board for coordinating rides. Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience pursuant to SAMC Chapter 41 regarding bicycle parking standards and Chapter 16 of the Santa Ana Citywide Design Guidelines regarding Bikeway Support Facilities Guidelines. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.3-1) MM4.13-17 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that all Multi-family/Industrial/Commercial projects' interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the Building Official. (Impact 4.3-1) MM4.13-18 Applicants for Multi-family/Industrial/Commercial projects shall consider providing preferential parking spaces for ultra -low emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra -low emission vehicles. (Impact 4.3-1) MM4.13-19 Prior to issuance of a building permit, the applicant shall demonstrate that the proposed Multi -family/ Industrial/Commercial uses building or structure designs incorporate exterior storage areas for recyclables and green waste and adequate recycling containers located in public/common areas pursuant to the adopted standards. Documentation of compliance with this measure shall be provided to the Planning and Building Agency for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.3-1) MM4.13-20 All common area irrigation areas for Multi-family/Industrial/Commercial projects shall consider systems that are capable of being operated by a computerized irrigation system which includes an onsite weather station/ET gage capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system shall also consider the ability to be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. (Impact 4.3-1) MM4.13-21 Consideration of installation of solar roofs on homes and businesses to offset the increasing demand for energy and natural gas. (Impact 4.3-1) MM4.13-22 Project applicants shall, where feasible, incorporate passive solar design features into the buildings, which may include roof overhangs or canopies that block summer shade, but that allow winter sun, from penetrating south facing windows. (Impact 4.3-1) MM4.13-23 Use Energy Efficient Roofing Materials. All roofing materials used in commercial/retail buildings at the Mixed -Use Retail Development shall be Energy Star® certified. All roof products shall also be certified to meet American Society for Testing and Materials (ASTM) high emissivity requirements. (Impact 4.3-1) MM4.13-24 All commercial/industrial projects shall, where feasible, include up to 10% renewable energy sources within the project. (Impact 4.3-1) Jan Y ouncil 21 — 83 ysis MM4.13-1 through MM4.13-24 would also apply to this impact. (Impact 4.3-2) Project Analysis and Conclusion The City determined that long-term development related to localized air quality impacts from operational emissions (Impact 4.13-1) and operational emissions due to the size of the TZC area with the potential to conflict with AB 32 (Impact 4.13-2) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project Mitigation measures MM 4.13-1 through MM4.13.24 would continue to apply. The new regulations in Table 1 — Current and Proposed Text Regulations would provide that no land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere and that uses, activities, and processes shall not operate in a manner that emits dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. This will result in a beneficial impact to climate change/greenhouse gas emissions. Therefore, the existing significant and unavoidable global climate change impacts would not result in new or different impacts requiring the preparation of a subsequent or supplemental EIR. 5.14 MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? c. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? As detailed herein, on the basis of substantial evidence in the light of the whole record, a Subsequent or Supplemental EIR is not appropriate for the project because none of the criteria permitting such a document under State CEQA Guidelines section 15162 are met. Project implementation does not include nor require implementation of specific development projects. The majority of the City is urbanized, with residential and nonresidential development, and mobility and public facilities all contributing to Santa Ana's existing built environment. The proposed text amendments to SAMC Sections 41-2001, 41-2001.5, 41-2002, 41-2004, 41- 2005, 41-2006, 41-2008, 41-2009, and 41-2008 would merely update to clarify that the Jan Y ouncil 21 — 84 ysis regulations apply to existing uses, further limit some rehabilitation of existing buildings and structures, clarify the effects of amendments to the TZC, further limit certain existing operations to ensure greater compatibility between residential and non-residential land uses, and to establish regulations for operation of any existing, legally established, nonconforming industrial uses. Section 41-2001.5 is updated to encompass new SAMC Section 21-2009, which establishes regulations for operation of any existing, legally established, nonconforming industrial use. Section 41-2004 deletes the Overlay I-OZ zone from the text and map. Implementation of these SAMC amendments would not require implementation of any specific developments or direct physical changes to the environment, and therefore would not be in conflict with the GPU and no intensification of land uses would result. The City of Santa Ana, which includes the TZC area, is not within a NCCP/HCP area, and therefore would not conflict with an adopted NCCP/HCP plan. No direct or indirect substantial adverse effects on human beings would occur. 5.15 CONCLUSION This project proposes amendments to the Transit Zoning Code (SD-84) by way of ZOA No. 2024-02 and AA No. 2024-03. These proposed amendments would modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. Refer to Section 3.0 — Description of the Proposed Project. This project would not result in new or more severe environmental impacts than previously addressed in the TZC FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts have been identified because the project basically limits industrial uses and would not lead to the expansion or intensification of new, expanded or more intensive uses. Therefore, there will be no new or more severe impacts as the result of the implementation of this project, beyond the impacts that have already been analyzed in the TZC FEIR. In taking action on any of the approvals, the decision -making body of the lead agency must consider the whole of the data presented in the TZC FEIR. As outlined in this Addendum analysis, all impacts of the project were fully examined in the TZC FEIR, and the proposed changes do not require substantial changes to the prior -certified EIR or previously adopted mitigation measures. Therefore, the preparation of an Addendum to the existing certified EIR is the appropriate CEQA document to support the City's consideration of the project, as outlined in CEQA Guidelines Sections 15162 and 15164. Jan Y ouncil 21 — 85 ysis Exhibit 2 - Ordinance for Zoning Ordinance Amendment (ZOA) No. 2024-02 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 2024-02, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council has, by separate action taken on May 6, 2025, adopted an Addendum to the Transit Zoning Code Environmental Impact Report ("EIR") (State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City Council ("Addendum"). The Addendum analyzed the environmental impacts of the actions taken in this Ordinance. Adopting the Addendum satisfied the City Council's obligations under the California Environmental Quality Act ("CEQA") regarding amendments to the Transit Zoning Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines 15162 apply. Thus, no further environmental review is required as adoption of this Ordinance falls within the scope of the adopted Addendum and previously certified EIR. Section 2. The City Council of the City of Santa Ana hereby adopts the findings contained in the attached Exhibit "A" to this Ordinance as if fully set forth herein. Section 3. Section 41-2001 (Application of Article) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2001. Application of Article (a) The Transit Zoning Code, as authorized by Chapter 41, Article III, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code SAMC is subject to the standards and regulations contained in this Article for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this Article. All terms contained herein shall be defined by the SAMC, unless specifically defined in this Article. City Council 21 — 86 5/6/ 0.-XXX Ordinanceo Page 1 of 49 (b) Proposed development, including the construction, reconstruction or structural alteration of a structure, subdivisions, and new and existing land uses, whether conforming or nonconforming, as defined in Section 41-126 of the SAMC, within the specific development area shall comply with all the applicable regulations established by this Article agile. (c) The regulations contained in this Article shall also apply to: 1. A change in land use within an existing building; and 2. A change in tenancy within an existing building requiring issuance of a new Certificate of Occupancy." Section 4. Section 41-2001.5 (Organization) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2001.5 Organization (a) Regulating Plan and Zones Established: Sections 41-2006 through 2008 2009 of this Article defines the zones within the Specific Development (SD) boundaries of SD-84, the parcels included within each zone, and describes, zone by zone, the standards for building placement, design, and use consistent with the permitted uses identified in Table 2A. (b) Use Standards: Table 2A identifies the land use types allowed by the City in each of the zones established by the Regulating Plan. A parcel within the SpeG,f _ Deyel.,.,rne_P+ (SD-843 boundaries shall be occupied only by land uses identified as allowed within the applicable zone and the type of City approval required by Table 2A. (c) Urban Standards by Zone: Sections 41-2010 through 2015 of this Article regulates the features of buildings that affect the public realm. The urban standards regulate building and parking placement, height, and profile, and vary according to the parcel's zone applied by the Regulating Plan. Standards for items not explicitly described in this section, including but not limited to, walls and fences, mechanical equipment, trash bin enclosures, heliport and helipad, underground utility, installation of dish antennas, loading areas, parking lot design standards, refer to other Sections of Chapter 41 of the Santa ARa MuniGipal Code SAMC and the Citywide Design Guidelines. (d) Architectural Standards: Sections 41-2020 through 2039 regulates the manner in which individual parcels and blocks are developed to create diverse and pedestrian -oriented development, through the use of three main components: (1) Sections 41-2020 through 2032 building types (e.g., duplex, rowhouse, courtyard housing) City Council 21 — 87 5/6/ 0 Ordinance o. -XXX Page 2 of 49 (2) Sections 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop, arcade, shopfront) (3) Section 41-2040 (Table 4.3A) architectural styles (e.g., Main Street Commercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, California Contemporary). (e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries to be consistent with the character described for each zone. (f) Subdivision Guidelines: Establishes guidelines for the creation and maintenance of a finely grained and walkable network of blocks punctuated by integral and varied open spaces. (g) Street Network Concepts: identifies conceptual location and guidelines for the street network. This section provides guidelines for the rights -of -way alignment, and width in plan and section with the corresponding details. (h) Definitions: Sections 41-2080 identifies and defines the terms used in this Code." Section 5. Section 41-2002 (Nonconforming Buildings, Structures and Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2002. Nonconforming Buildings, Structures and Uses (a) A nonconforming building, structure or use shall comply with Article VI of this Chapter, except as provided below modified as follows- (1) A building or structure that does not conform to the architectural style or story height requirements at the tome ef the adep#Gn of this Article shall not cause the structure to be non -conforming. (2) A nonconforming building, structure or use shall not be required to conform to current zoning regulations based solely upon a change in ownership of the property, except as otherwise provided in this Article. (3) A sale, lease or other transfer of a property containing a nonconforming building, structure or use does not trigger the loss of nonconforming status, except as otherwise provided in this Article. (24)Sections 41-681.1 through 41-681.4 and 41-683.6 of Article VI of this Chapter shall not apply to t#is buildings, structures and uses addressed within this Article or building, structures, and uses within SD-84, nor to existing accessory dwelling units (ADUs) permitted by the City of Santa Ana before the amendment to this Article. City Council 21 — 88 5/6/ 0 Ordinance o. -XXX Page 3 of 49 (35)Rehabilitation, enlargement or exterier structural alterations of any nonconforming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be rehabolotat rJ made as follows: a. Rehabilitation, limited to structural or non-structural alterations without any building expansion and without any intensification of a nonconforming use, is permitted if: 1. The operational standards contained in sections 41-2008 and 41-2009, as applicable, of this Article are met. 2. All signage on the structure and the site on which it is located is brought into conformity with the signage requirements of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee. 3. All outdoor storage is screened by a solid screen wall not to exceed eight �81 feet in height. Outdoor storage shall not exceed the height of the screen wall. 4. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street parking and open space requirements of this Chapter. 4. 5. Architectural massing, features and detailing shall be modified to bring the structure into closer compliance with the architectural standards of this Article fie, as approved deemed appropriate by the Executive Director of the Planning and Building Agency, or their designee. b. Rehabilitation may include expansion of floor area without intensification of the nonconforming use when the total floor area r,f on expansions irrin.. ,n any fi„o-„oar . iGd does not exceed ten (10) percent of the floor area as it legally existed as permitted and constructed as of April 15, 2025 at the beginning of the fi„. y , , ied, provided that the following standards Gondotmons are met: 1. The existing use is not a nonconforming industrial use. Nonconforming industrial uses may not be expanded. 2. The operational standards contained in Section 41-2008 are met. 4. 3. All signage on the structure and the site on which it is located shall be brought into conformity with the requirements of this Ghapte Chapter as approved by the Executive Director of the Planning and Building Agency, or designee. 4. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am. City Council 21 — 89 5/6/ 0 Ordinance o. -XXX Page 4 of 49 5. All outdoor storage is screened by a solid screen wall not to exceed eight J8,) feet in height. Outdoor storage shall not exceed the height of the screen wall. 4. 6. There shall be no enlargement which would intrude into any required setback area required by this Article. 7. There shall be no enlargement which would result in a new nonconforming condition in violation of the requirements of this Chapter. 6 8. Off-street parking shall be provided in conformance with the requirements of this Chapter. 9. Landscaping shall be improved to bring the site on which the structure is located into closer compliance with the landscaping requirements of this Chapter, as approved deer ed appropriate by the Executive Director of the Planning and Building Agency, or tli& designee. 8. 10. Architectural massing, features and detailing, shall be modified to bring the structure into closer compliance with the architectural standards of this Chapter, as approved deerned appropriate by the Executive Director of the Planning and Building Agency, or their designee. (46)Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject to the following: a. Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of that five-year period, provided the number of dwelling units is not increased; and no new non -conformances with the requirements of this eode Chapter are created. b. Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met: 1. Off-street parking shall be provided in conformance with the requirements of this Chapter. 2. No new nonconformities with the requirements of this Chapter are created. City Council 21 — 90 5/6/ 0 Ordinance o. -XXX Page 5 of 49 3. A minimum of eight hundred (800) square feet of usable, continuous, non -front yard open -space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. c. Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback and is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter. d. An existing two -car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered con —forming. e. Remodeling shall mean to reconstruct, or to make over in structure or style, but shall exclude re -roof, window replacement, exterior finish replacement and repair or similar modifications, as determined by the Executive Director of the Planning and Building Agency, or designee. f. No provision contained in this Article shall be interpreted or implemented in a manner inconsistent with State law addressing accessory dwelling units, as contained in Government Code Section 66310, et. seq.; as amended from time to time. (7) Discontinuance of Nonconforming Uses, Generally. Nonconforming uses shall be discontinued pursuant to Sec. 41-683 (Discontinuance of nonconforming building or use) of this Chapter, regardless of intent, except as provided below: a. Discontinuance of Noxious Use. 1. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this Article. 2. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article is in violation of any applicable Federal, State, or local regulation, as provided below, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this Chapter: A. The violation lasts a period of thirty (30) consecutive days; or B. The violation(s) are observed and documented for a total period of sixty (60) days in a one-year period; or City Council 21 — 91 5/6/ 0 Ordinance o. -XXX Page 6 of 49 C. Three noncompliant notices from a Federal, State, or local regulatory agency relating to or arising from the nonconforming use are sent in a one-year period. 3. For the purpose of this subsection (7) a. 2.: A. The thirty (30) consecutive day time period shall be measured from the date of the first observed and documented violation. B. A one-year period shall be the twelve (12) consecutive months of time preceding the sixtieth (60t") day of total violations; or the twelve (12) consecutive months of time preceding the issuance of the third (3rd) noncompliant notice. C. Local regulations mean the SAMC, including, but not limited to, the operational standards contained in Section 41-2009 of this Article. D. A local regulatory agency includes the City, County of Orange, special districts, or any other local government agencV charged with regulating noxious uses. E. Noncompliant notices may include, but are not limited to, Notice to Comply and Notice of Violation as issued by the South Coast Air Quality Management District (SCAQMD), Department of Toxic Substances Control (DTSC), California Environmental Protection Agency (CalEPA), Certified Unified Program Agency (CUPA), and Santa Ana Regional Water Quality Control Board (SARWQB). 8) Elimination of Nonconformina Uses and Structures. a. Elimination of Nonconforming Uses and Structures, Generally. 1. The City Council has determined that elimination of nonconforming uses and structures by amortization may be considered based upon one or more of the followina factors: A. The threat to the public health, safety, and welfare posed by the continuance of the nonconforming use or structure; B. Adaptability of the land and improvements to a currently permitted use, C. Compatibility with the existina land use patterns and densities of the surrounding neighborhood; City Council 21 — 92 5/6/ 0 Ordinance o. -XXX Page 7 of 49 D. Excessive calls for service to applicable response agencies related to the operation of the nonconforming use; and E. Failures to remedy notices of violation, administrative warnings, or other notices of noncompliance issued by a Federal, State, or local agency, including the City. 2. The Executive Director of the Planning and Building Agency, or designee, in conjunction with other City Departments and Agencies, may establish, and periodically update, a list or data resource that identifies categories of nonconforming uses or structures with specific metrics and operational characteristics, to develop a ranking system for use in the consideration of eliminating nonconforming uses or structures throuah amortization. 3. The determination of an appropriate amortization period for termination of a nonconforming use pursuant to this Article shall be made by a Hearing Officer retained by the City and who has professional legal and land use experience to address amortization. The Hearing Officer shall order nonconforming uses and structures to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection b (Establishment of Amortization Periods), and consider the following: A. If the nonconforming user has not made a substantial investment in furtherance of the use or structure, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require a nonconforming use or structure to be discontinued and removed from their site within a minimum of one vear after the date of the order. B. If the nonconforming user has made a substantial investment in furtherance of the use or structure, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the discontinuation and removal of the nonconforming use or structure within a longer reasonable amount of time. C. Nonconforming uses or structures that are determined to be an imminent threat to the public health or safety may be subject to immediate cessation and removal, pursuant to Chapter 1 (General Provisions) of the SAMC. 4. Nonconforming uses and structures may also, upon order from the City or a court order, be subject to immediate cessation and removal of the nonconformina use or structure. b. Establishment of Amortization Periods. Where a period during which a nonconforming use or structure is to be discontinued and removed from a City Council 21 — 93 5/6/ 0 Ordinance o. -XXX Page 8 of 49 site or sites is required pursuant to this Article, such period shall be established as follows: 1. The Executive Director of the Planning and Building Agency, or designee, shall submit the nonconforming use or structure and a recommended amortization period, based on subsection 4. herein, to a Hearing Officer pursuant to Chapter 3 of the SAMC for review; 2. The Hearing Officer shall hold a noticed hearing to consider the recommended amortization period. Notice of the hearing shall be provided to the owner or operator of the nonconforming use or structure and the property owner at least ten (10) days prior to the hearing. Additional notice may also be provided to surrounding property owners and/or tenants, at the discretion of the Executive Director of the Planning and Building Agency, or designee. 3. The Hearing Officer shall consider the recommendations submitted by the Executive Director of the Planning and Building Agency, the General Plan of the City, and any testimony or evidence provided during the hearing, in order to determine the amortization schedule for elimination of the nonconforming use or structure. 4. The Hearing Officer shall establish a maximum amortization period during which the nonconforming use or structure shall be permitted to continue after considering the following in relation to the use or structure: A. The amount of investment or oriainal cost of the use or structure: B. The present actual or depreciated value of the use or structure; C. The remaining useful life of the use or structure; D. The remaining term of the lease (if applicable) E. The date or dates of construction: F. Amortization of the business or structure for tax purposes; G. The salvage value; H. Adaptability of the land and improvements to a currently permitted use; I. Cost of moving and reestablishing the use elsewhere; J. Compatibility with the existing land use patterns and densities of the surrounding neighborhood; K. The threat to the public health, safety, and welfare posed by the continuance of the nonconforming use or structure; City Council 21 — 94 Ordinance ��o."1VS-XXX Page 9 of 49 L. Calls for service to applicable response agencies; M. Notices of violation, administrative warnings, or other notices of noncompliance arising from or related to the nonconforming use issued by a Federal, State, or local agency, including the City; and N. Other factors as appropriate. c. Hearing Officer Determination and Compliance. The determination of the Hearing Officer shall be made in writing and shall be final. 1. Notice of Amortization and Termination of Use. The Executive Director of the Planning and Building Agency, or designee, shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Article, in those instances where an amortization period has been determined pursuant to this Article. Such notice shall be sent within ten (10) days of the determination of the Hearing Officer. If the amortization period ends before or less than six (6) months after providing such notice, the notice shall be given that the amortization period in each instance shall be not less than six (66) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof and the approved amortization term. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article. The Executive Director of the Planning and Building Agency, or designee, shall be authorized to record a Notice of Amortization Term & Termination of Use with the County Recorder, as provided for in California Government Code Section 27201(a). 2. Notice of Termination and Order to Comply and Conclusion of Amortization Period. Notice of Termination of a nonconforming use and order to comDly shall be served by the Executive Director of the Plannina and Building Agency, or designee, at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances, where the Executive Director of the Planning and Building Agency, or designee, is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconformina use. City Council 21 — 95 5/6/ 0 Ordinance o. -XXX Page 10 of 49 3. Request for a Continuance of Nonconformities Beyond Period of Amortization Period. A reauest for a continuance of nonconformities beyond the period of amortization may be granted as follows: A. Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Executive Director of the Planning and Buildina Aaencv. or desianee. makes the followina determinations: Special Circumstances. That special circumstances apply to any such use or structure that do not apply generally to others affected hereby; and Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with, and not detrimental to, the use of adjacent properties. B. ADDlication Process for Continuance. Anv application for a continuance of a nonconforming use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the Property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with this Code. C. Determination by Executive Director of the Planning and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, or designee, shall investigate the matter, give proper notice to the applicant, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75)dda_ys from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Executive Director of the Planning and Building Agency, or designee. The Executive Director of the Planning and Building Agency, or designee, may impose such conditions, including additional time extensions not to exceed two (2) additional years, as may be deemed necessary for the compatibility of such nonconformity with adjacent properties. D. Appeals. Appeals shall be filed in accordance with Chapter 3 of the Santa Ana Municipal Code. City Council 21 — 96 5/6/ 0 Ordinance o. -XXX Page 11 of 49 4. Failure to Comply with Hearing Officer's Determination. Failure to comply with the Hearing Officer's determination to discontinue a nonconforming use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC. 5. Failure to Terminate Use at Conclusion of Amortization Period. The failure to terminate a nonconforming use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law. d. Additional Administrative Policies and Procedures. The Executive Director of the Planning and Building Agency, or designee, may enact and shall Publish any additional administrative policies and procedures to effectuate the purposes of this Chapter, including, but not limited to, administrative policies and procedures to govern the selection of a neutral hearing officer and the conduct of hearings for the Establishment of Amortization Periods in order to implement the provisions of this Article. (9) Abatement. The provisions of this Section are in addition to authority existing under State law to declare and abate a public nuisance pursuant to California law and other applicable provisions of the SAMC. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate and alternative action may be taken by the City pursuant to Chapter 1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this Chaoter). (10) Exception. The provisions of this section shall not apply to multifamily dwellings damaaed or destroved by fire in accordance with Government Code Section 65852.2. (11) Voluntary Compliance Agreement. The Executive Director of the Planning and Building Agency, or designee, is hereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to establish terms for compliance with the provisions of this Article." Section 6. Section 41-2004 (The Industrial Overlay I-OZ) Zone) of Chapter 41 of the SAMC is hereby amended to read as follows: "Sec. 41-2004 Reserved. The Industrial Overlay (I_QZ) ZE)Re City Council 21 — 97 5/6/ 0.-XXX Ordinance Page 12 of 49 11 11 1 1 r � 11 11 111 I 1. ■ • • Section 7. Section 41-2005 (Application for Discretionary Approvals) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2005. Application for Discretionary Approvals (a) Site Plan Review shall mean specific development plan and shall comply with Sections 41-593.4 through 41-593.6. Sections 41-593.4 through 41-593.6 shall only apply to structures over four (4) stories in height. (b) Conditional use permits, variances and minor exceptions. Conditional use permits, variances and minor exceptions shall be subject to Article V of this Chapter, except for the permit thresholds for minor exceptions shall be as identified in Table 1 B of this Article. (c) Effect of amendments to this Article on applications in progress shall apply as follows: (1) Discretionary Applications Submitted and Determined Complete. All discretionary permit applications that are active and that have been determined to be complete before the effective date of the Article or any amendment, shall be processed in compliance with the requirements in effect when the application was deemed complete. and Dursuant to all reauirements of Sections :11 W. d011me Approved Projects Not Yet Under Construction. Any structure authorized by a discretionary permit or approval of a land use as allowed by this Article for which a Building Permit application has been submitted or a Building Permit has been issued may be constructed in compliance with the permit or approval, as long as construction is completed and the approved land use is established before the exDiration of the Dermit or. where aaDlicable. before the exDiration of any approved time extension. Project Under Construction. A project for which a Building Permit has been issued may be continued and completed in compliance with the plans and specifications upon which the permit was issued." City Council 21 — 98 5/6/ 0 Ordinance o. -XXX Page 13 of 49 Section 8. Section 41-2006 (Zones Established) of Chapter 41 of the Santa Ana Municipal Code is hereby amended, including the replacement of Figure 2.1, to read as follows: "Sec. 41-2006. Zones Established (a) Purpose. This section establishes the zones applied to property within the plan area by the Regulating Plan. The Regulating Plan divides the plan area into separate zones that are based on a transect of intensity within the plan area that ranges from the most urban types of development and land use to the least urban types, with most zones providing for a significant mixture of land uses within them. This approach differs from conventional zoning maps that typically divide cities into zones that rigidly segregate residential, commercial, industrial, and institutional uses into separate areas, and thereby require residents to drive for nearly all daily activities. The use of zones based on development intensity (instead of land use zones) as the spatial basis for regulating development, directly reflects the functions of, and interrelationships between, each part of the plan area. The zones also effectively implement the City's urban design objectives for each part of the plan area, to establish and maintain attractive distinctions between each zone. This is why some parcels are zoned with more than one zone. In such cases, the zoning is divided along a clear boundary such as the middle of a block. The zones of this Regulating Plan allocate architectural types, frontage types, and land uses within the plan area, as well as providing detailed standards for building placement, height and profile. The diagram to the rich+ Figure 2.1 identifies the eight 8 9 zones applied within the plan area as they relate to existing rights -of - way and parcels. (b) Zones established. The following zones are applicable to this specific plan, and applied to property within the boundary as shown on the Regulating Plan. (1) Transit Village (TV) Zone. The Transit Village zone is intended to provide standards for compact transit - supportive mixed-use/residential development. This zone is characterized by a wide range of building intensity, including mixed -use tower -on -podium buildings, flex blocks, liners, stacked flats, and courtyard housing. The zone accommodates retail, restaurant, entertainment, and other pedestrian -oriented uses at street level, with offices and flats above in the mixed -use building types, at high intensities and densities. The landscape palette is urban, with shading and accent street trees in parkway strips along Santa Ana Boulevard, and in sidewalk tree wells where on -street parking is provided. Parking is accommodated on -street, in structures with liner buildings, and underground. (2) Government Center (GC) Zone. This area accommodates a wide variety of civic uses, including Federal, State, and local government offices and services, libraries, museums, community centers, and other civic assembly facilities and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. City Council 21 — 99 5/6/ 0 Ordinance o. -XXX Page 14 of 49 Building types vary according to their public purpose, are programmed by the various government agencies for their specific sites, and therefore are not th coded by this Article e TFanrrG't 7=E)niRg Cede (SD84 A and SD8 R). The landscape style is urban, emphasizing shading street trees in sidewalk tree wells, and in landscaped public plazas. (3) Downtown (DT) Zone. This zone is applied to the historical shopping district of Santa Ana, a vital, pedestrian -oriented area that is defined by multi -story urban building types (flex blocks, live -work, stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light service, and residential uses. The standards of this zone are intended to reinforce the form and character represented by pre -World War II buildings and recognized as a National Historic District, through restoration, rehabilitation, and context - sensitive infill. The standards also facilitate the replacement or improvement of post-war development that eliminated the pedestrian orientation of various downtown blocks (for example, parking structures with no features of pedestrian interest along their entire lengths). The landscape style is urban, emphasizing shading and accent street trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings, underground, and within block centers in surface lots not visible from streets. (4) Urban Center (UC) Zone. This zone is applied to the area surrounding the Downtown, which serves as a transitional area to the surrounding lower intensity neighborhoods and to other areas where mixed -use and multi -unit residential buildings create a pedestrian - oriented urban fabric. The zone provides for a variety of non-residential uses and a mix of housing types at medium intensities and densities. Besides accommodating community serving businesses, this zone may also serve the daily convenience shopping and service needs of nearby residents. Building types include mixed -use Flex Blocks, stacked flats, live -work, row- houses, and courtyard housing. The landscape is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings and underground in areas adjacent to the DT zone, and in surface lots away from street frontages. (5) Corridor (CDR) Zone. This zone is applied to properties fronting existing commercial corridors and provides standards to improve pedestrian -orientation in a transit -supportive, mixed -use area. Mixed -use flex block and live -work building types are at or near the sidewalk, and accommodate street level retail, service, and office uses, with office and residential above. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on -street, and in screened surface lots between buildings, or away from streets, with no more than half the site frontage occupied by parking. (6) Urban Neighborhood 2 (UN-2) Zone. This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood - serving retail, and cafes. Appropriate building types include single dwellings, City Council 21 — 100 5/6/ 0 Ordinance o. -XXX Page 15 of 49 duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and live - work. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties (see Regulating Plan). The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow- depth landscaped front yards separating buildings from sidewalks. Parking is on - street, and in garages located away from street frontages. (7) Urban Neighborhood 1 (UN-1) Zone. This zone is applied to existing primarily residential areas and is intended to strengthen and stabilize the low intensity nature of these neighborhoods. Appropriate building types include single dwellings, duplexes, triplexes, and quadplexes, and live -work. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips and landscaped front yards separating buildings from sidewalks. Parking is on -street, and in garages located away from street frontages. - -- - - Ma _. MULTAMP.W.WIN . IV . 1 LL . • (8) (-9-) Open Space (0) Zone. This zone identifies areas reserved for community parks and other open spaces and is identified. but not reaulated. by this Article. Refer to Citv reauirements as identified in SAMC Chapter 41. Allowable structures in this zone are limited to those necessary to support the specific purposes of the particular open space area (e.g., sport -court enclosures and multi -purpose buildings in active parks, and trails within passive parks)." City Council 21 — 101 5/6/ 0.-XXX Ordinance Page 16 of 49 o- r eoe � aoo • �m a am 2 50c+ � j � 1 ctr+rer� urnlY�M*iN�F• �•, f i ¢q.�rrri Gwr IGG� .+ C." w loll ■ op— ye.p6. M.1 1 , rX do MEN i Figure 2.1 Regulating Plan with Existing R.O.W. r G _ ti —j sI _u—] Fee"e1�Ls N 1-1 0 275 550 1,100 1,650 2,200 2.750 i, J �F . "�v��a _LILL _ wE N-V rl - r�& 1 �� - ��,� �� \ �� R,• n _ - L EIT -T 4 � � 15 - r F-- � mn-r'riA o—, � •,T � - �X:t Transit Zoning Code SD-84 �oxs°w..ro: Proposed Zoning Designations City Council 21 — 102 Ordi 5/6/?9.3g_xxx Page 17 of 49 Section 9. Section 41-2007 (Uses Permitted) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2007. Uses Permitted. (a) Allowable Land Use Types. A parcel or building within the SpeGifiG Development SD-84 area shall be occupied by only the land uses allowed by the table entitled Use Standards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan. b) No building shall be erected, constructed, reconstructed or structurally altered except in conformance with the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in this Article, not expressly permitted in any district enumerated in Table 2A, are prohibited. M Lc) Garage sales are allowed in compliance with Section 41-193. (0 Ld) Temporary outdoor activities are allowed in compliance with Section 41-195.5. (4) Le) Youth amusement rides are permitted in compliance with Section 41-366 for C1 districts. (e) f) Drive -through facilities shall not be permitted. The conversion of existing structures containing residential land uses to non- residential land uses is prohibited in the UN-1 and UN-2 zones. Table 2A — Use Standards 7 Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UN-1 RESIDENTIAL Live -Work Use / Joint living -working quarters I P (2) 1 P (2) P (2) P(2)1 CUP I CUP Care Homes I CUP I CUP I CUP I CUP I CUP I CUP Single Dwelling Multi -Family Dwellings Table 2A — Use Standards --- I --- I --- I --- P P P (1) 1 P (1) 1 P (1) 1 P (1) P P Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UN-1 RECREATION, EDUCATION AND ASSEMBLY Community assembly I P (1) P (1) 1 P (1) P I CUP I CUP City Council 21 — 103 5/6/ 0.-XXX Ordinance Page 18 of 49 Table 2A - Use Standards Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UN-1 Health/fitness facility P P I P I P CUP --- Library, museum P P P P P CUP Schools P (1) P (1) P (1) P CUP CUP Studio P P P P CUP CUP Trade School P- 1) PU1) PU1) PU1) CUP --- Theater, cinema or performing arts P P P P CUP --- Commercial Recreation (Indoor) up to 5,000 GUR CUP CUP --- --- --- square feet maximum floor area per tenant P P P P Commercial Recreation (Indoor) > 5.0001 CUP I CUP I CUP I --- CUP --- sauare feet floor area Der tenant Table 2A - Use Standards Land Use Type I Permit Required by Zone TV DT UC CDR UN-2 UN-1 RETAIL General retail, except with any of the followin features Floor area over 20,000 per tenant Artisan/craft product - limited on -site production Eating establishments Aute or motor vehicle service P I P I P I P I P (2) 1--- CUP CUP I P --- CUP --- CUP CUP I CUP --- CUP --- P P P P I P (2) --- P- P Table 2A - Use Standards and Use Type Permit Required by Zone ;;im AA TV DT UC CDR UN-2 UN-1 SERVICE GENERAL Banquet facility/catering-sub. to 41.199.1(a) CUP CUP CUP CUP CUP --- through (d) (1) Child day Day care center P (3) P (3) P P CUP CUP Adult day care center -subject to 41.199.2 of the P (3) P (3) P P P --- SAMC City Council 21 - 104 Ordi 5/6/?9.3g_xxx Page 19 of 49 Table 2A - Use Standards Land Use Type otel, excludes transient residential hotel a ng-term stay onal services onal services - restricted Tattoo/Body Art Establishments - subject t 41.199.3 of the SAMC Craft and specialized automotive restoratio Permit Required by Zone FV DT UC CDR UN-2 UN-1 P I P, P, P I--- I --- CUP P- P P P P P (2) P (2) --- --- CUP CUP CUP --- CUP CUP CUP CUP CUP --- Table 2A -Use Standards Land Use Type Permit Required by Zone DT UC CDR UN-2 UN-1 BUSINESS -FINANCIAL -PROFESSIONAL -TECHNOLOGY Bank, financial services P P P P --- --- -� I I Business support service P P P P P (2) P (2) 11 IIV, UI yGl IL %,CrIG )ctor, dentist, chiropractor, etc., office Laboratory - medical - analytical Media Droduction - office or storefront --- --- CUP P --- --- P (1) P (1) P (1) P --- --- P- P- P- P- CUP --- P(1 ) ail P CUP_ P P P 1 P Professional / administrative/service office P (1) P (1) P (1) P JP(2)JP(2)� Research and develo ment P 3 P 3 CUP_ Table 2A Use Standards LaR d Use Type Permit Required by TV I I^I V I.DT UG GD-R UN 2 U N 1- City Council 21 - 105 5/6/ 0.-XXX Ordinance Page 20 of 49 I 0 Table 2A — Use Standards Land Use Type Permit Required by Zone Amr. DT UC CDR UN-2 UN-1 i TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE Helistops CUP I CUP I --- --- --- --- Parking facility - public or commercial, inclusive P P P P --- --- of ancillary recharging spaces for electric vehicles Transit station or terminal CUP --- --- CUP --- --- Public utility structure, excluding wireless --- --- --- --- CUP --- communication facilities able 2A — Use Standards Land Use Type Permit Required by Zone jilot TV DT i UC i CDR UN-2 i UN-1 MISCELLANEOUS Any structure over four (4) stories in height SPR SPR SPR SPR SPR I --- Businesses operating between 12 and 7 am CUP CUP CUP CUP CUP CUP Icoholic beverage sales or consumption CUP CUP CUP CUP CUP --- Expansion of existina. leaallv established self- --- I --- 1 --- --- I CUP --- storage facilit City Council 21 — 106 5/6/ 0. XXX Ordinance o Page 21 of 49 Table 2A — Use Standards Land Use Type Permit Required by Zone TV I DT UC CDR UN-2 UN-1 Drive-thru facility _ _ _ _ _ --- Key (1) Use permitted only an second or upper floors, or behind retail or ser- vice ground floor use. (2) Permitted only as part of a vertical mixed use project, with upper floor residential (3) Permitted only as part of a mixed use project with a commercial or residen- tial component P use is permitted subject to compliance with all appli- cable provisions the Santa Ana Municipal Code LUC use is permitted subject to the approval of a Land Use Certificate. CUP use is permitted subject to the approval of a Conditional Use Permit- SPR use is permitted subject to the approval of Site Plan Review. --- use not permitted in particular zones. Section 10. Section 41-2008 (Operational Standards) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2008. Operational Standards for Permitted Uses. Section 41-2008 outlines the general operational standards applicable to all permitted or conditionally permitted nonresidential uses listed in Table 2A-Use Standards of Section 41-2007 (Uses Permitted). (a) All property shall be maintained in a safe, sanitary and attractive condition including, but not limited to, structures, landscaping, parking areas, walkways, and trash enclosures. (b) All business activities shall be conducted and located within an enclosed building, except as allowed by Section 41-195 of the SAMC and except that the following business activities may be conducted outside of an enclosed building: (1) Newsstands (2) Flower Stands (c) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product., ether than that Whinh is nleorl„ innidental to a paFtiGUlar retail and A- general enterprise, and where SUGh geeds are en the promisee (d) There shall be no work inside of a structure that generates noise that exceeds 60 dB CNEL measured at the exterior wall of the individual tenant unit of a structure. City Council 21 — 107 5/6/ 0 Ordinance o. -XXX Page 22 of 49 (e) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. (f) Public utility structures, including electric distribution and transmission substations shall be screened by a solid wall at least eight (8) feet high, except as restricted by Sections 36-45, 36-46, and 36-47. (g) Any activity permitted shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, or vibration. (h) Small SGale Artisan/craft product - limited on site production and research and development land uses shall require a solid wall or fence not less than eight (8) feet in height along any rear or side lot line. (i) All business activities, including, but not limited to, compounding, processing, packaging or assembly of articles of merchandise and treatment of products shall be conducted within a completely enclosed building. No ancillary vehicle maintenance or repair shall be allowed on site. Q) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line. (k) No business activity that generates noise or vibration shall be conducted between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 10:00 a.m. Saturday and Sunday. (1) _Automobile servicing uses including nonconforming establishments, shall comply with the following operational standards: (1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m. Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Saturday and Sunday. (2) All work shall be conducted inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not permitted." Section 11. Section 41-2009 (Operational Standards for Nonconforming Industrial Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby added in its entirety to read as follows: "Sec. 41-2009. Operational Standards for Nonconforming Industrial Uses. (a) In addition to the operational standards listed in Sec. 41-2008, with the exception of subsection (c) of Sec. 41-2008, the following shall apply to nonconforming industrial uses: City Council 21 — 108 5/6/ 0 Ordinance o. -XXX Page 23 of 49 (1) The purpose of these operational standards is to protect and improve the living and working environment, the appearance of the community, reduce or eliminate nuisance conditions. and minimize the imaacts of industrial uses on adjacent properties. (2) These standards are in addition to the operational standards established in Sec. 41-2008, except as noted above, and shall apply to all nonconforming industrial uses, including those existing industrial uses that become nonconforming at the effective date of any implementing ordinance. (3) Land or buildings shall not be used or occupied in a manner creating any dangerous, incurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area. (4) If any nonconforming use that operates in an unlawful manner, including but not limited to: frequent code violations, police calls, or loitering complaints relating to the nonconforming use; or is not in good standing with the City, including, but not limited to violations of Chapter 16 of the Santa Ana Municipal Code or public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code, or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including initiating a hearing to consider business license revocation and/or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one (1) violation, call, or complaint per month during any twelve (12) month period, and "constant service calls" is defined as more than one (1) service call per month relating to or arisina from the nonconformina use durina anv twelve (12) month period (b) Enclosed Operations. (1) All business activities, including, but not limited to, compounding, processing, packaging, or assembly of articles of merchandise and treatment of products shall be conducted within a completely enclosed building. (2) No automobile service or repair of any kind shall be allowed outdoors on site. (c) Air Emissions and Dust (1) No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere. (2) Uses, activities, and processes shall not operate in a manner that emit dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District. (d) Light, Glare, and Heat City Council 21 — 109 5/6/ 0 Ordinance o. -XXX Page 24 of 49 (1) No direct or indirect glare or heat, whether from floodlights or from high - temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. (2) To ensure that industrial development does not create light and glare nuisances, the following performance standards shall be observed: a. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to ensure that there is no spillover of liaht and alare that will impact drivers or pedestrians on the public streets, on -site activities, and adjoining or nearby properties. b. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties as determined by the Executive Director of the Planning and Building Agency, or designee. (3) Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating pedestrian walkways. Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and down -lit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties. (4) No use shall be operated such that significant, direct glare, incidental to the operation of the use. is visible bevond the boundaries of the lot where the use is located. (e) Ground Vibration (1) No use shall generate ground vibration perceptible without instruments at a point along the property line of the site except for motor vehicle operations. (2) No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel are exempt from this standard. (f) Materials or Waste Storage (1) No material or waste shall be deposited upon a subject parcel in such form or manner that it may be transferred off the parcel by natural causes or forces. (2) All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors onlv in closed containers. (q) Hazardous Materials City Council 21 —110 5/6/ 0 Ordinance o. -XXX Page 25 of 49 (1) Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with Citv of Santa Ana reaulations. The burnina of waste materials in oxen fires without written approval of the Fire Department is prohibited. (2) No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. (3) No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission reaulations. (h) Liquid and Solid Waste (1) Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. (2) The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes, is prohibited. (3) Wastes shall be handled and stored so as to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling subject to the review and oversight of the Fire Department. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects. (i) Site Maintenance. All industrial land uses shall be maintained in compliance with Chapter 16 of the Santa Ana Municipal Code and not constitute public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code at all times and consistent with project conditions of approval (if applicable). (0) Truck Parking and Loading (1) All truck parking areas must be on paved surfaces. The parking, loading or unloading of trucks associated with a business on public streets is prohibited. (2) Trucks idling is prohibited. (3) All truck parking and loading areas shall be maintained in good condition as determined by the City. Annual inspections may be conducted by the City to City Council 21 —111 5/6/ 0 Ordinance o. -XXX Page 26 of 49 ensure compliance. Any violation or failure to comply with any of the requirements of this Chapter shall be deemed a nuisance. Section 12. Section 41-2080 (Definitions) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2080 - Definitions (a) The words and phrases, shall be construed as defined in this Article, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number. If any of the definitions in this section conflict with definitions in Chapter 41 of the Santa Ana Municipal Code (SAMC), these definitions shall control for the purposes of this Article. If any term herein is not defined by this subsection. the definitions contained within Division 2 (Definitions) of Article I of Chapter 41 of the SAMC shall apply. (1) Access (Direct): The physical pedestrian entrance to a unit that is provided directly from the street or courtyard. Also described as walk-up access. Access (Point): The physical pedestrian entrance to a unit that is provided through a common space, such as a lobby or corridor that connects directly to the street or courtyard. Also described as non -walk-up access. Accessory Structure: An accessory structure or building is a detached building or structure, or part of a building or structure, which is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities (e.g., storage shed, garage, gazebo), and is used exclusively by the occupant of the main building. Alley: An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and is intended for service and only a secondary means of access to abutting properties. Arcade: see `Frontage Types' (6) Artisan/craft product man„faGtUrOg - limited on -site production: The mangy ifaGt Uring ef produGts primarily by hand by persons trained 'R an aFtiStiG skill, Gor ? ttglass hlewing, „r SG Ipt iroo A specialized commercial facility with a retail -facing operation open to the public. Products are t pay made by hand or with a restricted level of automation demonstrating an artistic skill. On -site production of artisan/craft product activities include design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are not limited to, electronics, food products, furniture -making, beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities. City Council 21 —112 5/6/ 0 Ordinance o. -XXX Page 27 of 49 M Attic: The area found directly below the roof of a building and the ceiling of the top floor. The attic shall be an uninhabitable area. Automobile repair: Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of non -factory installed products except those permissible through automobile servicing as defined herein. Automobile service or automobile servicing: Automobile service or automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups. (10) Bank, financial institution: An establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of funds. Excludes check cashers as defined by California Civil Code section 1789.31. 11 Basement: That portion of a building between floor and ceiling which is either totally or partly below grade and in compliance with the definition of basement established in the California Building Code (CBC). 12 Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivision. 13 Building Height: The vertical extent of a building measured in stories to the eave of the highest story, not including a basement or an attic. Height limits do not apply to masts, belfries, clock towers, steeples, equipment screening, chimney flues, and similar structures. Building height shall be measured from the average grade of the fronting thoroughfare curb level. 14 Building Placement: The maximum horizontal envelope available for placing a building on a lot. L15) Building Type: A structure defined by the combination of configuration and placement. The building types used in this Article are listed below: a. Bungalow Court: A configuration of freestanding single units arranged around a common, shared courtyard that is wholly open to the street. The individual buildings are arranged next to each other to form the bungalow court building type. b. Courtyard Housing: A building type consisting of residences that can be arranged in four possible configurations: townhouses, townhouses over flats, flats, and flats over flats. The structures are arranged next to each other, on one or more courts that are partly or wholly open to the street. City Council 21 —113 5/6/ 0 Ordinance o. -XXX Page 28 of 49 c. Duplex, Triplex, and Quadplex: Multiple dwelling forms that are architecturally presented as large single-family houses in their typical neighborhood setting. d. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. e. House: A structure occupied by a single household that also accommodates commercial and office uses as allowed. f. Hybrid Court: A building that combines the point -access portion of the stacked dwelling building type (double -loaded corridor element) with the walk-up portion of the courtyard housing building type. g_ Lined Block: A building that conceals a public garage or other faceless building that is designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. h. Live/Work: An integrated residence and working space, occupied and utilized by a single household in an arrangement of at least 3 such structures or 1 multiple structure with a least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. i. Rowhouse: An individual structure on a parcel with a private rear yard and individual garage accessed from an alley. Such structure shall be developed in an arrangement of at least 3 such structures along the primary frontage. Or, a structure of at least 3 attached townhouse unit types arranged side by side with a private rear yard and individual garage accessed from an alley along the primary frontage. L Stacked Dwellings: A building of single -floor or multi -floor residences of similar configuration either above or below that are stacked. k. Tower -on -Podium: A multi -level building organized around a central core with the first two to five floors expressed as a podium building. I. Tuck -Under Housing: An individual structure on a parcel with no rear yard, where its garage is tucked under the rear of the house and accessed from an alley. Such structure shall be developed with at least four such individual structures, or a structure of at least four attached townhouse units types arranged side by side along the primary frontage. 16 Bungalow Court: See 'Building Types' 17 Business support service: a commercial establishment that provides services to other businesses including maintenance, repair and service, testing, rental, etc. including the following examples: City Council 21 —114 5/6/ 0 Ordinance o. -XXX Page 29 of 49 a. Computer -related services (rental/repair) b. Copying and quick printing services c. Film processing and photofinishing (retail) d. Graphic design services e. Mailing and mail box services f. Security systems services (18) Clinic, Urgent Care: A facility other than a hospital where medical, mental health, surgical or other personal health services are provided on an outpatient basis, including incidental medical laboratories. Examples of these uses include: a. mMedical offices with five or more licensed practitioners or medical specialties b. oOut-patient care facilities, urgent care facilities. c. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional/Administrative." 19 Community Assembly: Group gatherings conducted indoors such as synagogues, mosques, temples, churches, community centers, bingo halls, private clubs, fraternal, philanthropic and charitable organizations and lodges. 20 Commercial Recreation Facility - Indoor: Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: a. Bowling alleys, tossing or throwing games, indoor sports b. Coin -operated amusement arcades c. Electronic game arcades (video games, etc.), d. Pool, billiards, escape room, mystery games e. Skating sports (ice, roller, board) This use does not include adult businesses. Four or more electronic games or coin - operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site. Ancillary uses including meeting rooms, snack bars, and equipment rental or sales are permitted within an indoor recreation facility, provided that the gross floor area of the ancillary use does not exceed twenty percent (20%). Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. Commercial Frontage: The non-residential frontage of a building. Non- residential activities subject to city approval are allowed within this space, which must be at least 25 feet in depth. These spaces are limited to the first floor and as such, have different building requirements than upper floors (e.g., large storefront windows, signage, etc.). City Council 21 —115 5/6/ 0 Ordinance o. -XXX Page 30 of 49 (22) Courtyard Housing: See 'Building Types' (23) Craft and specialized automotive restoration service: A specialized business or commercial enterprise occurring inside of a fully -enclosed structure that focuses on repairing and restoring older cars, often considered "collector cars" as defined by the State; which includes (1) a vehicle model 35+ years old, (2) a vehicle model 25+ years old with historic plates, or (3) a vehicle model classified as a special interest vehicle. Such restoration services return these types of vehicles to their original condition, including mechanical components, paint and bodywork, and interior, aiming to preserve their historical authenticity and aesthetic appeal. (24) Doctor, dentist, chiropractor, etc. office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care ser- vices are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. L25) Duplex, Triplex and Quadplex: See 'Building Types' L261 Dwelling Unit Types: a. Apartment: A rental version of a Flat, Loft, or Townhouse. b. Condominium: An ownership version of a Flat, Loft or Townhouse c. Flat: A single -story unit. d. Loft: A double -story height unit with a mezzanine. e. Townhouse: A two to three-story unit. (27) Elevation (Building): The exterior walls of a building. Also referred to as 'Facade' when the elevation is along a frontage line. 28 Entrance (Main or Primary): The principal point of access of pedestrians to a building. In the support of pedestrian activity, the main or primary entrance should be oriented to the frontage rather than to the parking. 29 Facade: The exterior wall of a building that is set along a frontage line. Facades support the public realm and are subject to frontage requirements additional to those required of elevations. 30 Flex Block: See 'Building Types' (31) Forecourt: See 'Frontage Types' City Council 21 —116 5/6/ 0 Ordinance o. -XXX Page 31 of 49 L321 Frontage Line: Those lot lines that coincide with a public street line. One shall be designated as the Principal Frontage Line. Facades along Frontage Lines define the public realm and are therefore more highly regulated than the elevations that coincide with other lot lines. Frontage lines are subject to the urban standards, architectural standards, signage standards, and subdivision standards. (33) Frontage Type: The architectural element of a building between the public right- of -way and the private property associated with the building. Frontage Types combined with the public realm create the perceptible streetscape. The following frontage types used in this Article are listed below: a. Arcade: A facade with an attached colonnade, that is covered by upper stories. This frontage type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. For Building Code considerations, this frontage type cannot cover the public right- of -way. b. Forecourt: A semi-public exterior space partially within the shopfront, gallery or arcade frontage that is partially surrounded by a building and also opening to a thoroughfare forming a court. The court is suitable for gardens, outdoor dining, vehicular drop-off and utility off-loading. c. Front yard / Porch: A common frontage type associated with single family houses, where the facade is set back from the right of way with a front yard. A porch may also be appended to the facade. A fence or wall at the property line may be used to define the private space of the yard. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard. d. Gallery: A colonnade that is attached to storefronts and projects over the sidewalk. e. Shopfront: A facade placed at or close to the right-of-way line, with the entrance at sidewalk grade. This frontage type is conventional for retail front- age and is commonly equipped with cantilevered shed roof(s) or awning(s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes residential use on the ground floor facing the street, although such use is appropriate above. f. Stoop: An elevated entry porch that corresponds directly to the building entry, with stairs placed close to the frontage line on a building with the ground story elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground -floor residential uses with short set- backs. This type may be interspersed with the shopfront frontage type. A porch or shed roof may also cover the stoop. (34) Front yard/Porch: See 'Frontage Types' TtECTMEMLYA City Council 21 —117 5/6/ 0 Ordinance o. -XXX Page 32 of 49 WMIMMMMM :rt.T."4 WaU=T:r.W rl. (35) Gallery: see `Frontage Types' (36) General Retail: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: a. Art galleries, retail b. Art supplies, including framing services c. Bicycles, d. Books, magazines, and newspapers e. Cameras and photographic supplies f. Clothing, shoes, and accessories o Department stores h. Drug stores and pharmacies i_ Dry goods L Fabrics and sewing supplies k. Florists and houseplant stores with indoor sales only I. Furniture and home decor stores m. Hardware and building supply stores n. Hobby materials o. Jewelry o Luggage and leather goods o Musical instruments (small), parts and accessories, under "Furniture, Furnishings, and Appliance Store" r. Orthopedic supplies s. Small wares t. Specialty shops u. Sporting goods and equipment v. Stationery w. Toys and games x. Variety stores v. Videos, DVDs, records, CDs, including rental stores General retail does not include the following: large instruments are a. Adult business as defined in section 41-1701.6 of the SAMC, antique or collectible stores, furniture, furnishings and appliance stores, medical marijuana dispensaries or second-hand stores. b. Sheet metal shops, body -fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. City Council 21 —118 5/6/ 0 Ordinance o. -XXX Page 33 of 49 c. Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit or land use certificate in one or more use districts pursuant to this code. (37) Ground Floor/ Footprint: The area resulting from the application of building placement and open space requirements and as further articulated by particular building design. In calculating the area, only the conditioned floor space shall be counted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as "ground floor/footprint." (38) Ground Floor Residential: Dwellings with their primary entrance and habitable space at grade. LL91 Health and Fitness: A commercial establishment providing facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers and lockers. Health and fitness facilities may also provide for instruction programs and classes, such as martial arts, yoga where lockers and showers are provided. 40 Hotel (land use): A facility offering shorttermlodging accommodations, as defined and regulated by the SAMC, to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. AcEess to guest rvvrrrooms shall he through the main lobby of the building. 0 hotel shall nontain mere r��-r� than 5 guest rooms. A hotel that GORtains a kitGheR as defiRed by the California Building Code (GBCOnguestrooms sshal�edeemed to he a long term business hotel as defiRed by the SAIVIC. A hotel that meets the GFiteria tra�ent/re�sodential hotel asdefined h� .�eCA�shalll be deeeeTme to transient/resin dential hotel (41) House: See 'Building Types' (42) House Scale: Multi -family building form that is derivative of and compatible with surrounding single-family houses and that can be applied in 1 to 4 direct - access assemblies of units to form larger buildings from duplex up to and including Courtyard Housing. 43 Hybrid Court: See 'Building Types' 44 Laboratory- medical -analytical: A place equipped for experimentation or observation in a field of study, or devoted to the application of scientific principles in testing and analysis. Quantities of biological or hazardous materials used in situ, shall be limited to those quantities established by the fire department City Council 21 —119 5/6/ 0.-XXX Ordinance Page 34 of 49 (45) Lined Block: See 'Building Types' (46) Live/Work: See 'Building Types' (47) Lot Width: The frontage of a parcel which is used to identify the parcel for street address purposes. 48 Media production: An establishment dedicated to the production of visual and audio mass media, including television, films, videos, video games, mobile devices, internet and digital interactive media, but excludes magazines, newspapers, and periodicals. (49) Mixed -Use Building: A structure lawfully containing residential and non- residential uses. 50 Multi -Family Building: A residential structure lawfully containing two or more dwelling units. �51) Net Developable Area: The private area defined by blocks which is not to remain for public uses such as Plazas, Greens, Squares, Thoroughfares or Streetscapes. L521 Nonconforming Industrial Use: A nonconforming use as defined in Section 41-126 of the SAMC that was established on any parcel or within any building located within the boundaries of SD-84 established by this Article that is listed in the uses permitted or uses permitted subject to a conditional use permit of Division 18. M-1 (Light Industrial) or Division 19. M-2 (Heavy Industrial) of this Chapter but that are no longer permissible through amendment to this Article. The terms "nonconforming use" and "legal nonconforming use" have the same meaning in the implementation of this Article. 53 Noxious Use: A nonconforming industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two (2) or more of the following: a. Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing, emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; b. Operations that are regulated by and require a permit from a federal, state, or regional agency; c. Storing, processing, or disposing of listed or hazardous waste; or City Council 21 — 120 5/6/ 0 Ordinance o. -XXX Page 35 of 49 d. Operations that are not contained within a fully enclosed building. (54) Office: These do not include medical offices (see Clinic, Urgent Care," and "Doctor, dentist, chiropractor, etc. office.") a. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial Services," which is separately defined. b. Administrative. Office -type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer -dependent or telecommunications -based activities. Examples of these uses include: 1. airline, lodging chain, and rental car company reservation centers, not including retail travel agencies 2. computer software and hardware design and development 3. consumer credit reporting 4. data processing services 5. health management organization (HMO) offices where no medical services are provided 6. insurance claim processing 7. mail order and electronic commerce transaction processing 8. telecommunications facility design and management 9. telemarketing c. Professional. Office -type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include: 1. accounting, auditing and bookkeeping services 2. advertising agencies 3. attorneys 4. business associations, chambers of commerce 5. commercial art and design services 6. construction contractors (office facilities only) 7. counseling services 8. court reporting services 9. detective agencies and similar services 10. design services including architecture, engineering, landscape architecture, urban planning 11. educational, scientific and research organizations 12. financial management and investment counseling 13. literary and talent agencies 14. management and public relations services 15. media postproduction services 16. news services City Council 21 — 121 5/6/ 0 Ordinance o. -XXX Page 36 of 49 17. photographers and photography studios 18. political campaign headquarters 19. psychologists 20. secretarial, stenographic, word processing, and temporary clerical employee services 21. security and commodity brokers 22. writers and artists offices LL51 Paseo: a public place or path designed for walking; promenade. L561 Pedestrian First: The practice of addressing the needs of people, once out of their automobiles, through a series of interdependent urban design and streetscape principles (e.g., wide sidewalks, street trees and shade, on -street parking, outdoor dining, inviting storefronts, the feeling of being in an `outdoor room', short cross- walk distances, interconnected and short blocks). LL71 Pedestrian Shed: An area defined by the average distance that may be traversed at an easy pace from its edge to its center in approximately 5 minutes. This distance is used to determine the size of a neighborhood. This dimension averages one quarter of a mile or approximately 1,400 feet for generally flat terrain. 58 Personal Services: Establishments providing non -medical services to individuals as a primary use. Examples of these uses include: a. barber, nail salons and beauty shops b. clothing rental L. dry cleaning pick-up stores with limited equipment d. home electronics and small appliance repair e. locksmiths f. pet grooming with no boarding g_ shoe repair shops h. tailors These uses may also include accessory retail sales of products related to the services provided. (59) Personal Services - Restricted: Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: a. laundromats (self-service laundries). Laundromats shall comply with the development and performance standards set forth in Section 41-199. b. massage establishments (licensed, therapeutic) as defined on Section 41- 1751 of the SAMC. Massage establishments shall comply with Article XVII.I of Chapter 41 of the SAMC. c. Pawnshops. L60) Pet day care facility: Establishment offering daily, without overnight, care to a customer's personal canine or feline pets. Grooming and educational training City Council 21 — 122 5/6/ 0 Ordinance o. -XXX Page 37 of 49 may be allowed as an ancillary use within the establishment. Does not include veterinary care or treatment, hospitalizations, or long-term boarding of pets. 61 Planter: The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood. 62 Podium: A continuous raised platform supporting a building, or a large block of two or three stories beneath a multi -layer block of a smaller area. L63) Porch: see 'Frontage Types' 64 Primary Use: A primary use is the principal and dominant activity that the business is devoted to, distinguishing it from a secondary or ancillary use as defined in Section 41-13.5 of the SAMC. 65 Private Frontage: The privately held layer between the frontage line and the principal building facade. The structures and landscaping within are held to specific standards. The variables of Private Frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches and galleries. These elements influence social behavior in the public realm. The Frontage layer may overlap the public streetscape in the case of awnings, Galleries and Arcades. 66 Research and Development: A guasm industrial facility where creative work is undertaken on a systematic basis in order to increase the stock of knowledge generally in the fields of medicine, scientific instruments, safety- critical mechanism or high technology. These facilities may include pilot plant operations as an ancillary use, which shall not exceed 25 percent of the floor area. A facility providing full scale production shall be deemed a manufacturing use and shall be prohibited. 67 Rowhouse: See 'Building Types' 68 Setback: The area of a lot measured from a lot line to a building facade or elevation that must be maintained clear of permanent structures excepting galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, and terraces which are permitted to encroach into the setback subject to the standards established in Division 3 of this Article. 69 Shared Parking (Park -Once Policy): An accounting for parking spaces that are avail- able to more than one function. The requirement is based on a range of parking- demand found in mature, mixed -use centers. The Shared Parking ratio varies according to multiple functions in close proximity unlikely to require the spaces at the same time. This approach to parking uses the following types of parking in combination to achieve a balanced and distributed supply of parking: off-street (surface lots and garages), on -street (parallel and diagonal). LZ-01 Shopfront: see 'Frontage Types' City Council 21 — 123 5/6/ 0 Ordinance o. -XXX Page 38 of 49 71 Stacked Dwellings: See 'Building Types' 72 Stoop: see 'Frontage Types' LL31 Story: A habitable level within a building from finished floor to finished ceiling: Attics and basements, as defined by the California Building Code (CBC) are not considered a story for the purposes of determining building height and are subject to the applicable requirements of this code and the CBC, except for when the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story (74) Streetscape: The urban element that provides the major part of the public realm as well as paved lanes for vehicles. A streetscape is endowed with two attributes: capacity and context. Capacity is the number of vehicles that can move safely through a segment within a given time period. It is physically manifested by the number of lanes and their width, and by the curb radius. LL51 Studio: A workplace of one or more individuals who are engaged in the production of art, such as fine and fiber arts, lithography, calligraphy, photography, music, dance and the performing arts. Galleries, not to exceed 50 percent of the floor area, are permitted as an ancillary use. Any regulated use, as defined on Sec 41-191 of the SAMC is not allowed. Uses meeting the definition of artisan/craft product manufacturing shall be deemed an artisan/craft product manufacturing use. (76) Tandem Parking Stall: Two or more parking spaces arranged one behind the other. LL71 Thoroughfare: A vehicular way incorporating moving lanes and parking lanes (except alleys/lanes which have no parking lanes) within a right-of-way. (78) Tower -on -Podium: See 'Building Types' 21 Trade school: A school consisting of vocational educational programs for students to be trained in the fields related to healthcare, technology, legal services, and professional trades. (80) Traffic -Calming: A set of techniques which serves to reduce the speed of traffic. Such strategies include lane -narrowing, on -street parking, chicanes, yield points, sidewalk bulge -outs, speed bumps, surface variations, mid -block deflections, and visual clues. Traffic calming is a retrofit technique unnecessary when thoroughfares are correctly designed for the appropriate speed at initial construction. 81 Transect: A system of classification deploying the conceptual range of `rural -to- urban' to arrange in useful order, the typical context groupings of natural and urban areas. This gradient, when rationalized and subdivided into zones becomes the basis of the Regulating Plan and the 9 zones supporting this Plan. City Council 21 — 124 5/6/ 0 Ordinance o. -XXX Page 39 of 49 (82) Transit -Oriented Development: A remedial pattern within a loose urbanized area. Its structure creates nodes at an efficient spacing for commuter or light rail. These nodes are mixed -use areas limited in extent by walking distance to the transit stop. These nodes are usually surrounded by a residential hinterland, structured as neighborhood T.O.D.'s connected by a feeder bus system. (83) Transition Line: A horizontal line, the full width of a facade expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. (84) Tuck -under Housing: See 'Building Types' (85) Zaguan: A covered pedestrian passage between courts of one to two rooms in depth and one story in height." Section 13. Any section or subsection of this Article, Article XIX (The Transit Zoning Code, Specific Development No. 84) that is not reprinted or modified by this ordinance is hereby unamended. Section 14. Any provision of the Santa Ana Municipal Code (SAMC) or appendices thereto found inconsistent with the provisions of the Ordinance, only to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance, inclusive of corrections for typographical error, and shall be considered the same as if adopted at the time of this Ordinance. Section 15. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 16. This Ordinance shall become effective thirty (30) days after its adoption. Upon the effective date of this Ordinance, Ordinance Nos. NS-3063 and NS- 3064 shall be automatically repealed and rescinded as of that date. Section 17. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2025. Valerie Amezcua Mayor City Council 21 — 125 5/6/ 0 Ordinance o. -XXX Page 40 of 49 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney In Melissa M. Crosthwaite Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 21 — 126 5/6/ 0.-XXX Ordinance Page 41 of 49 *:/:11 1I11111i1_Vi A. On April 19, 2022, The City adopted an Amended General Plan. The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City. B. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (Moratorium Ordinance"). No. NS-3063. The purpose of the moratorium was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible industrial uses that cause a significant pollution burden to adjacent residential neighborhoods within the SD84 Zoning District. C. On May 7, 2024, the City Council issued 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). D. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to the California Government Code, Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD84 Zoning District. E. The Planning and Building Agency routinely reviews its ordinances to incorporate best practices, reflect changes to State law, and address community needs. F. In 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, applicable and necessary to support the adoption of Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code, Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District: 1. 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 amended on July 16, 2019; and City Council 21 — 127 5/6/ 0 Ordinance o. -XXX Page 42 of 49 2. 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 3. 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 4. 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 19'" century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and 5. 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 developed or improved to the mixed -use zones allowed by the TZC; and 6. 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 7. The City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and 8. 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 9. 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 its elements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and City Council 21 — 128 5/6/ 0 Ordinance o. -XXX Page 43 of 49 10. 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-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and 11. 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 12. 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 13. The construction of Santa Ana (1-5) Freeway through Santa Ana in the 1950s resulted in many families being displaced through the demolition of single-family homes in the northeastern portion of the Logan neighborhood; and 14.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 15. 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 16.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 17. 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 City Council 21 — 129 5/6/ 0 Ordinance o. -XXX Page 44 of 49 or Lacy neighborhoods, as industrial; rather, they are designated as varying intensities of District Center or Urban Neighborhood land use designations —both of which are inconsistent with industrial uses; and 18. 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 35 commercial and industrial properties in the past twelve months and currently has 16 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 19.In the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently near 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 20.In the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently near 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 City Council 21 — 130 5/6/ 0 Ordinance o. -XXX Page 45 of 49 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 21. 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 22. 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 23. 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 24. 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 most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process 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. Since adoption of the moratorium and its extension, MIG and City staff have focused the comprehensive update through an initial phase concentrating on amending the TZC; and 25. The policies and implementation actions in the General Plan also require review, study, and possible revision to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and 26. 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. City Council 21 — 131 5/6/ 0 Ordinance o. -XXX Page 46 of 49 G. Following said analysis of the City Council points of discussion as iterated above, City staff has prepared ZOA No. 2024-02 to amend and add certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amend non- conforming regulations including the addition of an amortization process; amend and add operational standards for allowed uses and non -conforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps from certain properties within the SD84 Zoning District. H. Amendments to Chapter 41 (Zoning) are necessary to ensure uniform and legally consistent regulations as well as additions to enable the City to implement a regulatory framework that protects the health, safety, and welfare of the City. The proposed amendments to the Santa Ana Municipal Code (SAMC) that are the subject of this Ordinance support the objectives and policies of the City's General Plan and are required to ensure consistency in accordance with Government Code Section 65860. Specifically, these amendments to the SAMC timely address current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; 2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; 3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and City Council 21 — 132 5/6/ 0 Ordinance o. -XXX Page 47 of 49 polluting uses by giving priority to the discontinuance or elimination of those uses; 4. Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; 5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; 6. Developing and adopting new regulations to address facilities that emit pollution near sensitive receptors within EJ area boundaries, which includes areas of the TZC; 7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and 8. Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. K. Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: 1. LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. 2. LU3.3 - 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. 3. CN1.4 - 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. 4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. 5. CN1.11 - 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. City Council 21 — 133 5/6/ 0 Ordinance o. -XXX Page 48 of 49 6. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. 7. HE44.A — Fair Housing. Ensure all City programs and activities related to housing and community development are administered in a manner that affirmatively furthers fair housing. L. ZOA No. 2024-02 amends and adds certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including Section 41-2001 (Application of Article), Section 41-2001.5 (Organization), Section 41-2002 (Nonconforming Buildings, Structures and Uses), Section 41-2004 (The Industrial Overlay (I-OZ) Zone), Section 41-2005 (Application for Discretionary Approvals), Section 41-2006 (Zones Established), Section 41-2007 (Uses Permitted) Section 41-2008 (Operational Standards for Permitted Uses), Section 41-2009 (Operational Standards for Nonconforming Industrial Uses), and Section 41-2080 (Definitions). M. On February 24, 2025, the Planning Commission held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and after closing the public hearing, continued taking any action on this Ordinance to a special meeting held on March 6, 2025, whereby the Planning Commission recommended approval of the Ordinance to the City Council. N. On April 1, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, but the item was not heard and was continued to a date certain, May 6, 2025, with no new public noticing required pursuant to applicable procedures; and O. On May 6, 2025, the City Council held a duly notice public hearing to consider these proposed ordinances, where all interested persons were given an opportunity to be heard. City Council 21 — 134 5/6/ 0 Ordinance o. -XXX Page 49 of 49 Exhibit 3 - Ordinance for Amendment Application (AA) No. 2024-03 ORDINANCE NO. NS-XXXX AMENDMENT APPLICATION (AA) NO. 2024-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SANTA ANA BY REMOVING THE M1 (LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL) SUFFIXES FROM CERTAIN PROPERTIES WITHIN THE SD-84 ZONING DISTRICT BOUNDARY THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council has, by separate action taken on May 6, 2025, adopted an Addendum to the Transit Zoning Code Environmental Impact report ("EIR") (State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City Council ("Addendum"). The Addendum analyzed the environmental impacts of the actions taken in this Ordinance. Adopting the Addendum satisfied the City Council's obligations under the California Environmental Quality Act ("CEQA") regarding amendments to the Transit Zoning Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines 15162 apply. Thus, no further environmental review is required as adoption of this Ordinance falls within the scope of the adopted Addendum and previously certified EIR. Section 2. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code provides that "Because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: (a) Encourage the most appropriate use of land; (b) Conserve and stabilize property value, (c) Provide adequate open spaces for light and air and to prevent and fight fires, (d) Prevent undue concentration of population, lessen congestion on streets and highways, and City Council 21 — 135 5/6/ 0 Ordinance o. -XXX Page 1 of 7 (e) Promote the health, safety and general welfare of the people, all as part of the general plan of the City." Consistent with this purpose, the City of Santa Ana has adopted a zoning map, which has since been amended from time to time. B. On April 19, 2022, the City adopted an Amended General Plan The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City. C. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (the "Moratorium Ordinance"). The purpose of the Moratorium Ordinance was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible industrial uses that cause a significant pollution burden to adjacent residential neighborhoods within the SD-84 Zoning District. D. On May 7, 2024, the City Council issued 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 the Transit Zoning Code Specific Development No. 84. E. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to California Government Code, Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD-84 Zoning District. F. After continued research and study, two ordinances have been developed that address the impacts from industrial land uses in the SD-84 Zoning District. The ordinances address the following: a. Zoning Ordinance Amendment (ZOA) No. 2024-02 to amend certain provisions of the Santa Ana Municipal Code and amend portions of the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amendment of non- conforming regulations; and, b. Amendment Application (AA) No. 2024-03 to remove the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties City Council 21 — 136 5/6/ 0 Ordinance o. -XXX Page 2 of 7 within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. G. AA No. 2024-03 is consistent with and implements the amendments proposed by ZOA No. 2024-02 by ensuring uniform and legally consistent mapping of the City's Zoning Districts; and enables the City to implement a regulatory framework that protects the health, safety, and welfare of the City and its residents. H. The proposed amendments to the Zoning Map contained in AA No. 2024- 03 are required to ensure consistency with the City's General Plan in accordance with California Government Code, Section 65860. Adoption of AA No. 2024-03 is consistent with and implements the Amended General Plan. Specifically, it is consistent with the following: The amendments timely address current inconsistencies within an area of the City prioritized for addressing EJ. (a) Policy LU-1.1 (Compatible Uses), (b) Policy LU-2.4 (Cost and Benefit of Development) (c) Policy LU-3.8 (Sensitive Receptors), (d) Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), (e) Policy LU-3.11 (Air Pollution Buffers), (f) Policy LU-4.3 (Sustainable Land Use Strategies), (g) Policy LU-4.6 (Healthy Living Conditions), (h) Policy CM-3.2 (Healthy Neighborhoods), (i) Policy EP-1.9 (Avoid Conflict of Uses), 0) Policy EP-3.3 (Mitigate Impacts); (k) Policy CN-1.5 (Sensitive Receptor Decisions), (1) Policy CM-3.2 (Healthy Neighborhoods), and (m) Policy HE-5.5 (Community Development) which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; 2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; 3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses; City Council 21 — 137 orainan6e�v6.3-xxx Page 3 of 7 4. Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; 5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; 6. Developing and adopting new regulations to address facilities that emit increased pollution new sensitive receptors within EJ area boundaries, which includes areas of the TZC; 7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and 8. Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. J. Additionally, AA No. 2024-03 implements and/or contributes to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: 1. LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. 2. LU3.3 - 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. 3. CN1.4 - 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. 4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. 5. CN1.11 - 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. City Council 21 — 138 5/6/ 0 Ordinance o. -XXX Page 4 of 7 6. HE5.0 - Healthy Neighborhoods Initiatives. Update the City's zoning code 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. 7. HE44.A - Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. K. On February 24, 2025, the Planning Commission held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and after closing the public hearing, continued taking any action on this Ordinance to a special meeting held on March 6, 2025, whereby the Planning Commission recommended approval of the Ordinance to the City Council. L. On April 1, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, but the item was not heard and was continued to a date certain, May 6, 2025, with no new public noticing required pursuant to applicable procedures; and M. On May 6, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. Section 3. The City Council of the City of Santa Ana hereby adopts and approves the Amendment to the Official Zoning Map of the City of Santa Ana, as shown in Exhibit 'A" attached hereto and incorporated herein by reference. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated May 6, 2025, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. City Council 21 — 139 5/6/ 0 Ordinance o. -XXX Page 5 of 7 ADOPTED this day of , 2025. APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: I�V-00 Melissa Crosthwaite Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Valerie Amezcua Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 21 - 140 orainan6e�v6.3-xxx Page 6 of 7 Exhibit A 0^ 6-5-9 O C1 M 0 C1-MO C1-HDII C1-HDII iIHDI 1 C5 C4 5073 C1 W17TH ST rl �� ,L� r -- E 17TH ST C1 Cl cl Cl C� SP ''SP3II SP3 SP3 II JJ R1-B RB 7-R7 C SP3 SP3 fstry R1-B o R7 SE3 IIIIfjI$—p��yj!II ¢ p 141 SP3 4 .SP3 SP3 'SP3 m M1 SP3 - _ SD84 SP3 SP3 -..� 5D84 SP3 � SP3 6-5-9 P C5 Cd C1 C4 p LySD84 SDnd SD84 SOBd SD84 i® �(�SM WASHINGTONAY 5461,Ji SP3 � so SOBd 3 a 12TR gTm SD84 SD84 SD84 SDai SD84 SD84 501 BA SD84 ySD84 SP3 io75 SP3 5019 � HGSGN Av SD84 SD84 � SD84 SD84SD84 999 saE� ® s984 117 S a4 5o04 °.. SD84 a, �• •5� �. Sp SP33 SDi SD84 STAFFGR� sr _ r toTH ST n r SD84 SD, SP3 SD19 w g 4pN �� SD84 SD84 SD84 SP3 p Q 98d SP3 m SD19 YJ SD84 Z IIP3 SD19 SD86 s SP3 SP3 SP3 SP3 5P3'LL 'S0 �SIQ 5019 iP3 eTX sT SP3-BSP Q✓P SD84 SD19 SP3 SP3 SD79 S� SP3 i SP3A SD84 , \°I�ET+TERDkW CIVIC CENTER DR F% ?,N SN SD84 SDa A SDI DBd ° soea s886 r� BGa81 DB ;SD84 - 30 508 ? 3. OB �D. SD d $6 z SD84 i N�■�■ �Dn4 W 5TH ST E STH ST _ F '�a ❑ ■ nH ST SD86 Z o- SD84 L.4 SD84 Z■6- [ SD84 so SD84 SOBd SD84 are ST E 4TH ST iD 4 SD84 SD84 SD84 SD84 SOBd M IF SD84 SD84 3Ro� ;�dLF SDnd SOBd kjj�M ff D84 a D 4 DB SDed SD84 f SOBd � SD84 z -5D84 W IST STD E1-T ST i�0 5072 M� Cj.DII a-n Dua �w CZHDu cz^nDn Tq cz-non 7-Cz-nDI M1 d Mi �zlid I rcz-non 1B-8-9 ZONING DISTRICTS C5 � R1 7 R1 C5 'a 0 Z Z Z C2 R3 SD21 SD84 �� 5D84 SD84 R1 4 a SD _ C1 � O SD84 C2 5D14 SO' p C2 SD84 SD R2 SOBd w €® 5084 SD84 5D84 C2 R2 SD84 RLOZ1 so84 cziozl _ z y M7 M2 � Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. IRS TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE Cl-MD COMMUNITY COMMERCIAL - MUSEUM DIST- M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL -PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHO PP ING CENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE SECTIONAL DISTRICT MAP: 7-5-90 e CITY OF SANTA ANA, CALIFORNIA City Council 21 — 141 5/6/ 0 Ordinance o. -XXX Page 7 of 7 Exhibit 4 - Environmental Health Data and Reports EXHIBIT 4 Environmental Health Reports EXHIBIT 4.1- Office of Environmental Health Hazard Assessment (OEHHA-EPA) The map illustrates Disadvantaged Communities within Santa Ana as identified by the Office of Environmental Health Hazard Assessment (OEHHA), with the Logan and Lacy neighborhoods shown in red in the central core of the city. 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. QLHHA Environmental Topics About Proposition65 News and Events Library Sear[i C.M. SB 535 Disadvantaged Communities ' ci 5 N°1tlp16n1 `toy, 2022 {Census Tracts and Tribal Areas) Larnpsen 0.-fe a flak / A�.Ic 61 Aw Garden G _r'irpsn. �,F WY�' I. Gro^ ['y r�en Grose Bhd — xti mars rye GaFtl. m` E [-r. nv,-- 11,111% TUsIlri EJ — 1 � � ° FCa z,rn n.r• x I � E•4mgi er � BnhrAre TUstic ..r ri Arr • - .Y' f<t F. isle 4v " yV Cv! clot Go l _ 11 E !" A -� rtl L BOYf 'rorurr Arr I111 s lrC. ��P�'• Alw —u I a Rp.IFtirk Ai" Sgwrw Ni ti +untaln a F- Valley 'f.'AIG+r. Arm-`�,• C '9 leibnn Av5 L5,,, [It -HE verrnm. -PL), NOV,, J; GS, HM, NrS I OLT,rl/.. CA!': P..a d by L n City Council 21 — 142 5/6/2025 1 EXHIBIT 4.2- Center for Disease Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR) The CDC/ATSDR Environmental Justice Index Map illustrates environmental health burdens in Santa Ana's Lacy neighborhood. The data shows significant environmental justice concerns, with the area ranking high (0.89) for overall air pollution impacts. Specifically, the neighborhood shows elevated exposure levels for Particulate Matter (PM) 2.5 (0.97), Diesel Particulate Matter (0.76), and Air Toxics Cancer Risk (0.76). ATSDR Environmental Justice Index (EJI) Explorer I.... nd Environmental Justice Index 2022 EA Rankings (Quartiles): Location Census Tract 750.02, Orange County, California Total Population 8,236 EJI Rank ®0.88 Environmental Burden Rank I0.84 Social Vulnerability Rank m0.95 o— 2 City Council 21 — 143 5/6/2025 EXHIBIT 4.2- Center for Disease Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR) (Continued) The CDC/ATSDR Environmental Justice Index Map demonstrates significant environmental burdens in Santa Ana's Logan neighborhood. The data indicates high environmental justice concerns, with an air pollution ranking of 0.90. Specifically, the area shows severe exposure to Particulate Matter (PM) 2.5 (0.97), Diesel Particulate Matter (0.76), and Air Toxics Cancer Risk (0.78). i1all %6P emu: . � �a, „� �. rubs. o a , .. "".'i ATSDR Environmental Justice Index (EJI) Explorer August 24, 2023: Data values for several fields in the 2022 EJI data set, Including EJI Rank, have open updated. Please seethe El Data Download page for more information. I ny t CDGATSDR Ernironnri Justice Index 2022 For more information on EJI indicators, click on the Indicator names in the table helaw. Not&: 4 indicates a score of >0.75 or high prevalence of a chronic condition rest Location Census Tract 744 05, Orange County, California Total Population 6,662 EJI Rank m0.82 Environmental Burden Rank ®0.88 Social Vulnerability Rank Ap 90 . .I Ozone 0.68 C0.97 Pli Diesel Particulate Matter A,0.76 Air Toxics Cancer Risk &0.78 <3 Q t.5elect State Ail states 2. Select County Ail Counties 10 Environmental Justice Index 2022 EJI Rankings (Quartiles): RPL_EJI Low Low to Moderate Moderate to High H igh No Data C, fili]lof X — k �S .. I I 5-.... -: r 3 City Council 21 — 144 5/6/2025 EXHIBIT 4.3- City of Santa Ana Overview, United States Environmental Protection Agency (EPA) The EPA's Environmental Justice screening map illustrates the City of Santa Ana's environmental burden distribution. This data aligns with CalEnviroScreen 4.0 findings and highlights the concentration of environmental impacts in the central urban core, where industrial uses continue to affect long-established residential communities. :.EPA EJSereen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Stvehsite I Mobile I Glossary I Help P+ease note: T—A.Drdt. (except Puerfo Rico) is not available as cnmparaNe ro the US. It is only compersbk to 4Se lerrrto ilaeHb a LSe 'Com ere ro State' luncrionality. Likewise, some of the lnd- may nor be available for tertrtories. X Santa Ana, CA, USA X Q i rj)E] Indexes []► Particulate Matter2.5 (National Percentiles) Grand E hk 95 • 100 percentile . .. r9rrCh G'OSI�t 90 - 95 percentile •I 80.90 percentile . rn . S.. .Willard ' -.� 11111170 80 percentile - ,,.•,: ;• �uarr �� Loge kL 60. 70 percentile 50 - 60 percentile w { W'9QIh n c French Park Less tha n 50 percentile v ti m o 5an1[r Atilt' Qdtil nvt available 2 2 .. _VIC CEntCr Or - Santa Ana t i'u. r r saemeemcK �. Flower Park Downtown E Sth St Lacy view . a-m:rnl: r', . • •• ` Santa Ana 4 w 3rd Sl IV r.... c x W.iSt.st; E ts[ St +E - W a' VJ n'Inul 57 ] �l rh Gn &er,�rrr . ,LW oom11e-5r ., p�• i.l n ell Nbninnor lark City Council 21 — 145 4 5/6/2025 EXHIBIT 4.3.1- Particulate Matter (PM 2.5) for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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 , EPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Screen Website I Mobile I Glossary I Help Please note, Territory data (except Puerto Rico) is not available as comparabie to the US. it is only comparable to the territo itself b usin the 'Com are fo Slate' functionality Likewise, some of the indicators may not be available for territories. X p p Santa Ana, CA, USA X � - JFI)EJ Indexes IBM *Compare to US OCompare to State Particulate Matter 2.5 (National -T6 -St Percentiles) a Environmental Justice Indexes hk 95 - 100 percentile =aiih� French Court Grand ; 11111190-95 percentile l Ozone , 80-90 percentile Diesel Particulate Matter bit 70 - 80 percentile , 0- 0pernennle - Air Toxics Cancer Risk j - Legai - Air Toxics Respiratory HI 6 50 - 60 percent) le w o rs French Park Less than 50 percentile Toxic Releases to Air m _ m` � no i P%j,Batatavailable Traffic Proximity z Z Z Lead Paint .. -.,I. centeN�r� Superfund Proximity RMP Facility Proximity t Santa A n a — E 5th St Hazardous Waste Proximity Flower Park Downtown Lacy - ' Underground Storage Tanks Santa Ana a' Wastewater Discharge w sra st w 9 q Supplemental Indexes w znd sr — CA W 1st St E 1st St OI Pollution and Sources w walnut st ' _ 7F- xnoa Socioeconomic Indicators — m - y� N Q� Health Disparities s cnPsmtt rive 4V Climate Change Data — p Critical Service Gaps mgeles, California State Narks, Esri, I om I om, Garmin, SafeCraph, Geo I ochnclogies, Inc, ME I I/NASA, USCS, Bureau of Land Management, EPA, NFS, HIS Census Bureau, USDA, J. Powered by Esri, 5 City Council 21 — 146 5/6/2025 EXHIBIT 4.3.2- Air Toxics Cancer Risk for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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. ,&EFAA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico is not available as cc arable to the U5. it is only comparable to the territo, w p v o � � --W-17th-s.* W 17th St OComDa re to US (-)Comnare to State Particulate Matter 2.5 Particulate Matter IAir Toxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes IW Pollution and Sources A. Socioeconomic Indicators IV Health Disparities F Climate Change Data p Critical Service Gaps Washington Willard Squarc .. m w � c o � v m z z vie Center Dr Santa Ana Flower Park Downtown Logan E75creen Website I Mobile I Glossary I Help tors may not be available for territories. X - UQE] Indexes Air Toxics Cancer Risk (National Percentiles) , 95 - 100 percentile Grand F , 90 95 le - percenti \ 80 - 90 percenti le 70 - 80percentile 60 - 70 percentile 50 - 60 percentile Less than 50 percentile Santa Ana pp, r;/ Data not—llable Stahon Santa Fe Railroad tngcles, California Statc Parks, tsri, Powered by Esri City Council 21 — 147 5/6/2025 EXHIBIT 4.3.3- Hazardous Waste Proximity for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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. ,*UA EJScreen ERKS Envlronmental Justice Screening and Mapping Tool (Version 2.2} Nose n": T'?--=,Y dare fexrear r'uenc Rkv) is w avaaeue ea can.aaregy W the U$. Iris COI.c able to the ter . omfre . - 9 *Compare to US CCamparetD State r—� — --- — Particulate Matter 2.5 10-1 I17lesel Particulate Matter Sc�ara j Sti lair Taxics Canoe? Risk -I Lead Paint ISuperfund Prcmdrnity RMP Facility Proximity Underground Storage Tanks Waste wLiter Discharge iEl Supplemental Indexes mi Pollution and Sources A:r5ocioeconomic Indicators T Health Disparities A, Climate Change Data P Critical Service Gaps E75cceen We65rte I Mob -le . Glossary I Help `'f4rctroRaRy. Lrkewrs2. same of the indicetvm may rro¢#e avar sNe t'wferritories. X Snnla Aril, (A I)JF, (yf]E] indexes I Hazardous Waste Proximity tNational PercPnrilPs} - DO percenwe ours 95 petcemile P-.«Ar�l� ... J Orr 7D 80 p--ti6 Lngan -. .-'Operce"iie Park _ .....•r :}percentile Santa Ana Down[o'on Santa Ana ,rgelcs. Cs1 Ford ; jatc rarks. tsn. I nn-,1 rm 6arn-.h. tiafcljra. F. i,co I cehnolocna 1-c. -M I I.'NR.in• ISC-S CiUrCnLl Of _ qd klanag: T�n:,t, tl'A. NYS• US Ccnsus Vii cau US.A LI... Powered 6y =sn 7 City Council 21 — 148 5/6/2025 EXHIBIT 4.3.4- Diesel Particulate Matter for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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%. /EPA EJ Screen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Screen Website I Mobile I Glossary I Help Piease note; Territory data (except Puerto Rico) is not available as comparable to the US. !t is only comparable to the te�r"it�o`ry itself by usin th nta Ana, CA, e 'Com are to State' funcfionafiry. Likewise, some of fhe indicators may not be avaifable forlerrftones. X I� USA X Q W 17th St Lam' 1NTEJ Indexes [Elm *Compare to US OCompare to State W 51��E 17th E i 7th St Diesel Particulate Matter (National \ Percentiles) Environmental LJ� I--II--I L-- -L 1 t Grand ; kill - 100 percentile Particulate Matter2.5 French Court 1\ ,90-95percenrile Ozone \ 80 - 90 percentile Or - - - Willard kill 70-80 percenti le Square AirToxicsCancer Risk 015t J �i Logan �60-70percenrile - s Respiratory HI 50 - 60 percentile Air Toxic1 n —9 French Park b Less than 50 percentile Toxic Releases to Rir - ° Data notavailable - � m �ratian �ie ' Traffic Proximity z Fe Re 12 Lead Paint vic Center Dr I `` r Superfund Proximity 5 '�- RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes id Pollution and Sources sir Socioeconomic Indicators fO Health Disparities 4& Climate Change Data Critical Service Gaps tngclos, California State parks, Lsri, I om I om, Garmin, SahcGraph, Gco I echnologies, Inc, MF I IINASA, USGS, Bureau of Land Management, EFA, NPS, US Census Bureau, USDA, U.., Powered by Esri n City Council 21 — 149 5/6/2025 EXHIBIT 4.3.5- Toxic Release to Air for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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%. ZEPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E75creen Website I Mcbile I Glossary Help Please note: Territory data (except Puerto Rico) is not available as comparable to the US. It is only comparable to the territory itself by usin the 'CL re to State' functionality. Likewise, some of the indicators may not be available for territories. X �jr �� w1 o, a O Q Santa Ana, CA, USA X 0, w rnn s w tnn St —�E �ztni� OUDE] indexes ❑r❑x 00 Compare to US OCompare to State � Ir 1 \ �r Toxic Releases to Air (National E \ V Percentiles) Environmental 16th St ,95 Grand-: -104percentlle Particulate Matter2.5 French Court ©� 90-95 percentile Ozone 80-90percentile Diesel Particulate Matter Washington Willard Ewsiri,,ijt—A- ,70-80percentlle Square Air Toxics Cancer Risk Logan ,60-70percentile 50 - 60 percentile Air Toxics Respiratory HI 1 w c a Less than 50 percentile French Park 1p Sa Ana pp,�,,,, m m not Da i Santa ta available Traffic Proximity z z c naA = II Lead Paint a Center Or zf n lSuperfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes Wi Pollution and Sources tit Socioeconomic Indicators Qi Health Disparities A Climate Change Data A Critical Service Gaps _ N � ww 61h st Santa Ana St Floer Park Downtown E 5th Santa Ana E ate St w E 3rd St iis V) E 6th St Saddleback View Lacy a E 3rd ik E 2n 0 rryolcs, Cal'rornia S-ate Parks, Esri, I om I om, Garmin, SafcGraph, Goo I .,hnologies, Inc, ME VNASII, lKS, Humau of Land Management, EPA, NPS, US Ccnsus Burcau, USDA, J. Powered by Esri City Council 21 — 150 5/6/2025 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI) 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. Taal 5 Community Conditions � Fe nlnra-1xi`a9r nrnl a A as MYV Ala rat I r4wvYz atn cyamina nal.;�ihoncu.,d maao.rax Ilnkod tc hm,;ch outmnw am �dm ka- wiatars or diftf5ity inj ecoo Learn more D Sancta Ana H Pi Score (3_0:10_9 pet-ceritile irss -;� M nrr. hra Ithy condii ions Cwn[yk.$$Q4 Ttm Tract has heafthler conunwvItw candktlons than lust IGL9% of Gther Califar nia Traets. Tract 744M Gnmty '�CitylTu&ai) Tract brarRu } Sarrta fine 7 7"im r'Lri L- .Lor. t _- r-i J HPI Score OM Percentile Ranking Lox— More hoalthy communiw conditions 4 25 54 35 100 ExclLccc 5dcrt cawraphy rr}M - LWASIF- 1SOM10=1 WIN ' .� Z 2LT2.2 Fhe Nblr_A!&M M unce el Swthem „fttr9a i rno- FLrmr Heslh Aliaoe 15 htcxh' 4a mrec h, Ili_ FLh1 r-et- -n a1:iia ' . 'Anmx5: 10:; Impo e 10 City Council 21 — 151 5/6/2025 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI), Lacy Neighborhood (Continued) Using the HPI mapping tool, the Lacy neighborhood ranks at a 9.6% of the least healthy community conditions. Tools Commu niter CDnd itiorrs x !:,pi.�the CWWnla HeWtN Rams Ir yeKscore taex.mim iwij jigm luxcl ii�%mi h" b Imahli Erik iiu� awl U'trr LmV indiralors aF dirersily ziidt ity% Learn mare } Santa Ana HPI Scare(3.0). 9.6 percentile About Darudhedmep Aare i] 51m In HPI Score L3Aj Nmenu le Ranking Lrs.i Mdr hi, lI" camm*FLmNy — wnditi4-ra 3 25 51) 75 l3. •-I, y y r aelext RwaP4 Tract 755A5 HPI s:.. r jm Parmnt*;Valueh6UM295', PPFW Cach Mr mere ,eh751 L&n 4 More health-1 biwidltlont T, Alin Cky r Tv.-n : 23.0 f L Ceurrt-e &Y. Md 4� ThilSTract has healthier community mriditlons ttim aust ■ 9A%at other C'allftrrni2 Tr.ir.19 tC y 8 2]C2tic 3-t:rc 'tea d� 814ncc cf3oLihcm : jWviQ I TM. n,G I_ icdthf l lan_c Is iseah- sps,,ie-el tr? ire P.blE Fkab insrhm. WwpUu f, C %rSm L%1-1:p Yrprak+c this map 11 City Council 21 — 152 5/6/2025 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI), Logan Neighborhood (Continued) Using the HPI mapping tool, the Logan neighborhood ranks on the LOW end, showing nearly 11% of the least healthy community conditions. Tools �D 2022 Tr,e Pupisc Headh �llance of Southern CalRornra I Tne Pudipc Hearin Auiaric-e 15 fiscailY 5QGmored by the Putoit Healm ImEdute ? � Naaoox t OpenStrt-elMap Improve this map 12 City Council 21 — 153 5/6/2025 EXHIBIT 4.5- CalEnviroScreen 4.0- Logan and Lacy Neighborhoods 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. m Falrkrave n � WemvrNl Om Pa FiL Trash Ave L anti Clan Avc Garden.Grove,Fwy-..^w......� n z 3 _ 2 v y N Bristol r i' 3 Ii . _ _ hlalk9l pla[ m ti, _ � w le 3anla ° o = Gala. V Is u, p m H. L I,I Ave W Hazard AYE 'M :[ WJtowik = Z '� Gooceurs4 Civic Centex Or0, _.. ,,A, Wsn :t C U Nhrl Sant W Santa Ara bl-,d E•4th.St l3olsa•Ave n W �St'St f.11W.. : ii. J N c [ 3 >1tF2daenAvr N y 5rfarina u I t =2 E MCFjdi cn Av' M L cr Ave ro C n t > OOo, � U Sgmrir YVEderger ;:c F EdIITJCr Ave Rvgonei Purl ML* Square Regan! Park Mia Square GoN Course G., drnerAve _ n^J ,N-Warnir•Ave• f •t— kr F�ntl r ' Fountain Valley �1 Q _ ? N o N r. EDyer Rd^ Lo TabcatAre -_ ,� 'q v � Th a y Ellis -Ave V; •,nrll•.arer Ave - Soulh GaBrl -Anna .t3.WA. — 9 - e T Esri,rH€R ,.�armin;•FACJ, 1\10AA, IJ S, FPA j Hoarier, P1.�:P?.,'RJ„P�,,+li,y6i PSTa::I•::=: from U.S C: ns458i eN ii 2p29 P,k l tl:3sv74-171 1 le-. Legend CalEnviro5creer 4.0 Results . > 90-10NHig hest Sccresi lr . a80-90 a70-80 T15$5t�. r4 >60-70 >50-60 > 40 - 50 >30-40 . >20-30 . >10-20 . 0 -10 (Lowest Scores) 13 City Council 21 — 154 5/6/2025 Exhibit 5 - Frequently Asked Questions (FAQ) 1 SD-84/Transit Zoning Code (TZC) Moratorium and Ordinance Amendment Frequently Asked Questions This document provides information about the Specific Development No. 84 (SD-84) zoning district, otherwise known as the Transit Zoning Code (TZQ, moratorium and the proposed ordinance amendment. Please note, the information provided in this FAQ is for general informational purposes only. Interested parties should review the proposed Moratorium text and the Ordinance text for detailed information and applicability. 1. When does the moratorium expire? The Transit Zoning Code (TZC/ SD-84) is a special zoning district in central Santa Ana designed to create a pedestrian -friendly, transit -oriented community while protecting existing neighborhoods. TZC industrial moratorium began with Ordinance No. NS-3063 on April 16, 2024, as a 45-day urgency measure. The City Council then adopted Ordinance No. NS-3064 on May 21, 2024, extending the moratorium for an additional ten months and fifteen days. The current moratorium will expire on April 15, 2025. 2. Why was the moratorium adopted? The City Council adopted the TZC industrial moratorium on April 16, 2024 to immediately protect public health, safety, and welfare from industrial uses causing significant pollution burden to adjacent residential neighborhoods within the TZC district. The action addressed historical land use conflicts in the Logan and Lacy neighborhoods, where industrial uses have remained, changed ownership, expanded, or intensified despite the area's 2010 transit -oriented zoning designation. CalEnviroScreen 4.0 data confirms these neighborhoods rank at 90 percent or above among California's most pollution -burdened communities, with documented exposure to various environmental hazards. The existing Industrial Overlay Zone (I-OZ) created inconsistencies with the General Plan's mixed -use designations and allowed industrial uses to continue operating near residential areas. 3. What impact does the moratorium have on business permits and future development? The moratorium prohibits the establishment of new, or expansion or intensification of existing, industrial businesses within the TZC. Existing industrial businesses can obtain permits for work that is for routine maintenance, or of a similar nature, that does not result in new, expanded or intensified use. The moratorium does not impact residential, commercial, or mixed -use development in the TZC plan area. 4. How does the proposed permanent ordinance to amend the TZC propose to regulate industrial intensification within the plan area? The ordinance would remove the industrial overlay and remove industrial type uses from the permitted uses table in the TZC. The removal of the overlay and of industrial type uses from the permitted uses table would render all existing industrial businesses within the plan area as nonconforming, thereby prohibiting the expansion of the existing industrial businesses and the establishment of new industrial businesses in the plan area. Moreover, the ordinance would prohibit intensification of nonconforming industrial uses, meaning the businesses would be prohibited from expanding operations that result in more potential impacts. S. Does this impact commercial businesses or residential uses? The proposed amendments primarily address industrial uses within the TZC district. Commercial businesses that are Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 155 5/6/2025 2 compatible with mixed -use and transit -oriented development will continue to be permitted uses in the TZC. The amendments aim to enhance the compatibility between residential areas and neighboring businesses by removing industrial uses that create environmental and health impacts. These changes support the original 2010 TZC vision of creating a transit -supportive, pedestrian -oriented development framework that strengthens the area's mixed -use character while protecting existing residential neighborhoods. The amendments focus on safeguarding the residential communities in the area from industrial impacts while maintaining appropriate commercial activities that serve neighborhood needs. 6. How does this ordinance compare to similar policies in other cities? Most cities, including the City of Santa Ana, regulate nonconforming uses and structures. Several cities also include abatement or amortization processes to further regulate and terminate nonconforming uses and structures to advance overall land use policy direction. A few cities target termination of specific nonconformities, such as adult entertainment, industrial uses, and billboards or other types of signage, or certain types of buildings or structures. The City of National City has a well -established industrial amortization program, reviewing and ranking various businesses to be prioritized for amortization. 7. What are the differences between the M1 and M2 overlay, and how does it impact businesses within each zone? The Industrial Overlay (I-OZ) Zone is currently applied to areas that were zoned M1 (Light Industrial) or M2 (Heavy Industrial) and occupied with an industrial use when the TZC was originally adopted in 2010. As written, this overlay allows the type of land use activity and development permitted by the M1 and M2 zoning districts to continue until such time that the owner chooses to develop to the standards in the new residential and mixed -use zones that were applied to all of the properties within the plan area when the TZC was originally adopted. In order to determine if the M1 or M2 land use activity and development apply to a particular parcel, the I-OZ was further identified on the regulating plan (map) as I-OZ-M1 or I-OZ- M 2. 8. Why is the City considering permitting residential on industrial properties? All of the properties within the TZC were assigned zones that permit residential and/or mixed -use development in 2010, when the plan was originally adopted. The proposed ordinance would not change or affect the zones that are already applicable to the properties within the boundary of the TZC. Rather, the proposed ordinance would simply remove the industrial overlay that was applied to certain properties within the plan area that had existing industrial businesses when the plan was adopted in 2010. 9. Why does the proposed ordinance prohibit the conversion of residential land uses or buildings to non-residential uses in the UN-1 and UN-2 zones of the TZC? UN-1 and UN-2 zones are applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood serving retail and cafes. The proposed ordinance would prohibit the conversion of residential uses/building to non-residential uses in these areas to strengthen and stabilize the low intensity residential nature of these Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 156 5/6/2025 3 neighborhoods, while still allowing some limited neighborhood -serving commercial uses on properties that are already non-residential in nature. 10. How will this ordinance affect businesses that want to sell or transfer ownership to future owners? As proposed, the ordinance will not affect the transferability of nonconforming industrial uses, as defined in the ordinance, to future owners. However, the nonconforming status of a business that meets the definition of a Noxious Use, as defined in the TZC, would lose its nonconforming status when the business ownership changes or if it meets the code enforcement thresholds established in the proposed ordinance. 11. How does the City determine when a business has transferred to new ownership? All businesses operating in commercial locations must obtain a Certificate of Occupancy (COO) from the Planning Division before receiving a business license, while those in residential areas must secure a Home Occupation Permit. A new COO is required whenever a business changes its use, changes ownership, changes location, expands, or changes its name. Businesses that do not apply and obtain a COO may face code enforcement action. 12. What is a nonconforming use? A nonconforming use is a use that was lawful when established but became unlawful due to new or amended ordinances. These uses are sometimes referred to as "grandfathered" uses and are typically allowed to continue without expansion or intensification. The SAMC defines "nonconforming uses" generally as uses initiated before July 20, 1960, or those that were compliant with applicable provisions when established but later became nonconforming due to code changes or public agency property acquisition. 13. What is amortization? Amortization is a tool that provides a reasonable transition period for owners to phase out a nonconforming use. This "grace period" allows owners to recoup their investments before the use must cease, and serves as a lawful equivalent to "just compensation." Under the proposed ordinance, the City may consider amortizing certain nonconforming industrial uses based on factors enumerated in the ordinance. If the City elects to eliminate a use through amortization, a reasonable amortization period would be determined by an independent hearing officer be based on an individualized assessment. 14. The proposed ordinance references the use of a Hearing Officer for determining amortization periods in cases where the City elects to pursue elimination of a business/use through that mechanism. Who serves as hearing officer and what educational/professional background do they have? Hearing officers typically possess a background in law, urban planning, public administration, or a related field, and are already on retainer by the City of Santa Ana to adjudicate certain code enforcement appeals and other matters. Cities often utilize hearing officers to provide a neutral and impartial forum for dispute resolution, thereby increasing procedural fairness and public trust. Additionally, hearing officers often bring specialized expertise in navigating complex regulatory frameworks, which can streamline the hearing process and lead to more informed decision -making. The proposed ordinance requires that any hearing officer retained for the purposes of administering the amortization provisions must possess land use and legal background. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 157 5/6/2025 4 15. What industrial businesses would be considered nonconforming if the ordinance were adopted as proposed? The proposed ordinance defines nonconforming industrial use as a use established on any parcel or within any building located within the boundaries of the TZC that is listed in the uses permitted or uses permitted subject to a conditional use permit of the M1(Light Industrial) or M2 (Heavy Industrial) zoning districts but that are no longer permissible through the proposed amendment. As such, all industrial businesses would be considered nonconforming if the ordinance were adopted as proposed. 16. What are the differences between a nonconforming industrial use and a noxious use? A nonconforming industrial use is a use established on any parcel or within any building located within the boundaries of TZC that is listed in the uses permitted or uses permitted subject to a conditional use permit of the M1 (Light Industrial) or M2 (Heavy Industrial) zoning districts but that are no longer permissible through the proposed amendment. A noxious use, as the term is defined and used in the proposed ordinance, is a nonconforming industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two or more of the following: 1) Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; 2) Operations that are regulated by and require a permit from a federal, state, or regional agency; 3) Storing, processing, or disposing of listed or hazardous waste; or 4) Operations that are not contained within a fully enclosed building. If an existing industrial business does not meet the criteria included in the definition of a noxious use, then it is considered a nonconforming industrial use. However, if the nonconforming industrial use meets the criteria of noxious use, then the business is also considered a noxious use. 17. How is artisan/craft product — limited production defined in the proposed ordinance? Artisan/craft product - limited production is defined as a specialized commercial facility with a retail -facing operation open to the public. Products are typically made by hand or with a restricted level of automation demonstrating an artistic skill. On -site production of artisan/craft product activities include design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are not limited to, electronics, food products, furniture -making, beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities. 18. What adjustments can be made to operational business hours to mitigate noise concerns? The proposed ordinance does not include language modifying noise standards. However, the proposed ordinance does include hours of operation that would apply to nonconforming industrial uses, which would limit noise impacts experienced by residents of the area. The TZC currently requires approval of a conditional use permit (CUP) for any business operating between 12:00 a.m. (midnight) and 7:00 a.m. During the CUP consideration process, the Planning Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 158 5/6/2025 5 Commission may approve specific conditions of approval to address individual noise concerns on a per -application basis. 19. Can the City require a CUP and conditions of approval for noise regulation to existing nonconforming industrial businesses as done for late -night establishments? A CUP and conditions of approval cannot be applied retroactively. The TZC currently requires a conditional use permit for late -night operations, and through Planning Commission approval of conditions of approval, noise -generating activities can be addressed on a per -application basis. 20. How were noise level limits determined, and do they align with City standards? There are no proposed modifications to the TZC's existing noise standards. 21. What standards are proposed to mitigate air contaminants from industrial businesses? The proposed TZC amendments require all operations to be conducted within enclosed buildings, with measures to prevent dust, smoke, and other air contaminants. While businesses must comply with South Coast Air Quality Management District (SCAQMD) permit requirements, it's important to note that regulatory agencies rely on self -reported emissions data rather than independent measurements. The City's standards require enclosed operations, proper materials handling, and controlled loading activities. For specific requirements, please refer to Section 41- 2009 of the proposed ordinance regarding Operational Standards for Nonconforming Industrial Uses. 22. How does truck idling impact the environment, and how can it be controlled? Truck idling releases high levels of nitrogen oxides (NOx) and particulate matter (PM 2.5), contributing to respiratory diseases, cardiovascular illnesses, and increased cancer risks, in accordance with the Environmental Protection Agency (EPA, 2023) and California Air Resources Board (CARB, 2023). While anti -idling laws exist, enforcement by South Coast Air Quality Management District (SCAQMD) is limited due to resource constraints and the requirement for in -person violation confirmation, making stricter enforcement and alternative mitigation strategies essential (SCAQMD, 2024). 23. What role do external agencies play in regulating businesses in this area? Several agencies regulate air and water quality to protect public health and the environment. The Environmental Protection Agency (EPA) sets national air quality standards under the Clean Air Act (CAA), while California Air Resources Board (CARB) enforces statewide pollution and emissions regulations. South Coast Air Quality Management District (SCAQMD) oversees regional air quality compliance in Southern California through permitting, monitoring, and enforcement programs. Additionally, the California State Water Resources Control Board (CSWRCB) and its regional boards regulate industrial wastewater discharge and water pollution under the Clean Water Act (CWA) and Porter -Cologne Water Quality Control Act to safeguard water resources. 24. Are these agencies issuing and enforcing permits for air quality and other regulations? Yes, businesses must obtain emissions permits under the Clean Air Act (CAA) and CARB regulations, with periodic reporting required to maintain compliance. However, the City's experience with these outside agencies shows that enforcement is often limited, as violations must be witnessed Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 159 5/6/2025 ll in real time by an inspector, who may take up to three hours to respond, with restricted weekend availability. Additionally, video evidence of violations is not accepted under current policies, making enforcement more challenging. 25. Is there ongoing air quality testing in the TZC? Yes. Air quality monitoring in this area is conducted through multiple agencies. The South Coast Air Quality Management District (SCAQMD) provides regular monitoring and responds to community complaints. The CalEnviroScreen 4.0 data tracks ongoing pollution measurements, confirming these neighborhoods rank in the 90th percentile for pollution burden. The Environmental Protection Agency's (EPA) environmental justice mapping provides additional air quality monitoring data. 26. How are violations currently tracked, and what code enforcement reports exist? City staff have an internal process established which tracks and monitors incoming notice of compliance and notice of violations given to a particular business/operator from federal, state, or regional regulatory agencies. However, this process is dependent on the collaborative communication with external regulatory agencies' reports and enforcement, which has been limited. 27. What measurable environmental impacts justify this ordinance? Data from CalEnviroScreen 4.0 ranks the TZC plan area among the top 90 percent of California's most pollution -impacted areas, with high emissions from toxic releases, traffic, and diesel particulate matter. According to the EPA and CDC, prolonged exposure to these pollutants has led to 58 percent of children suffering from asthma, 84 percent of newborns having low birth weight, and 49 percent of residents experiencing cardiovascular diseases. Additionally, asthma -related emergency room visits in TZC are 117 percent higher than in the nearby city of Tustin (CDHHS, 2019), underscoring the urgent need for stricter air quality regulations. 28. Can the City address environmental concerns in the area without displacing or forcing businesses to relocate/close? The proposed ordinance aims to address the quality -of -life issues experienced by residents in the area through adoption of operating and development standards that would be applicable to industrial businesses, and by establishing a framework for amortization that the City may use for businesses that meet certain factors. Nonconforming industrial uses that comply with all applicable standards, would be permitted to remain in their current location and would not be forced to relocate or close. 29. What programs or alternative solutions exist for impacted businesses? Impacted businesses can continue to operate in their current locations, provided they comply with all applicable operating and development standards. 30. How does this ordinance affect financial factors such as jobs, tax revenue, economic growth? The proposed ordinance amendments do not require any immediate closure of businesses within the affected area. Should individual business owners and property owners elect to modify business operations, cease operations, or redevelop properties with new uses, financial factors would be evaluated on a per -application basis. Therefore, estimating any financial impacts of the proposed ordinance would be speculative. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 160 5/6/2025 7 31. What steps have been taken to ensure effective community engagement? The City has implemented a community engagement strategy that includes multiple formats and opportunities for participation. Since April 16, 2024, engagement efforts have included a community information meeting at the Santa Ana Train Station; regular in -person meetings at City Hall with business stakeholders and residents, together, with opportunities for discussion; field visits to affected neighborhoods have allowed for direct observation and community input in context; and tours of industrial businesses. The Planning Commission Study Session and subsequent public hearings have and will also offer formal venues for community feedback. Additionally, the City maintains a dedicated project webpage (www.santa-ana.org/transit- zoning-code-update/) that provides regular updates, meeting materials, and upcoming engagement opportunities, as well as contact information for project staff. Additional outreach has included neighborhood -specific sessions with Lacy and Logan residents, one-on-one consultations, direct email communications, phone calls, and coordination through the Environmental Justice Action Committee. 32. How does this ordinance promote common ground among stakeholders? The City ensured business owners and residents were informed about the meetings through door-to-door canvassing by City staff, as well as announcements on the City's website, NextDoor, Neighborhood Initiatives and Environmental Services' (NIES) Mailer, and the NIES Newsletter. These efforts facilitated open communication and engagement, fostering collaboration among stakeholders. 33. How can the public be involved in the process? The public can participate through multiple channels. Community members can attend public hearings and Planning Commission meetings, visit the project webpage at www.santa-ana.org/transit-zoning-code-update/ for current information and updates, and contact the Planning Division directly with questions or concerns. The City continues to hold focused community meetings and maintains open communication with residents, business owners, and stakeholders throughout this process. 34. What additional outreach efforts should be made before implementation? The City has established robust interdepartmental and interagency coordination to support implementation. The City maintain active collaboration with Orange County Fire Authority (OCFA) regarding safety compliance and emergency response planning, and the South Coast Air Quality Management District (SCAQMD) for technical guidance on air quality monitoring and compliance. Internal coordination continues between City departments including the Planning Division, Code Enforcement Division, Santa Ana Police Department, and the Public Works Agency to ensure comprehensive implementation oversight. The City's Neighborhood Initiatives and Environmental Services team coordinates with federal and state agencies including CaIEPA's Environmental Justice Team and the Centers for Disease Control (CDC) to identify additional resources and support for affected communities. The Environmental Justice Action Committee, comprising residents, community organizations, and agency representatives, helps guide implementation priorities. Given these established partnerships and communication channels, the City is prepared to move forward with implementation while maintaining these collaborative relationships to ensure effective oversight and responsive community support. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 161 5/6/2025 M 35. How does the TZC compare to the West Santa Ana Boulevard Focus Area? The TZC area and West Santa Ana Boulevard Focus Area have fundamentally different General Plan land use designations and regulatory frameworks. The TZC was established in 2010 with mixed -use General Plan designations throughout, but retained an Industrial Overlay Zone (I-OZ) that allowed industrial uses to continue, creating inconsistencies. The West Santa Ana Boulevard Focus Area has its own distinct General Plan designations and does not have an industrial overlay. The proposed ordinance would remove the TZC's Industrial Overlay Zone, bringing its zoning into alignment with its mixed -use General Plan designations and supporting the area's intended transit -oriented, pedestrian -friendly development pattern. 36. Will this process be applied to other parts of the City? The proposed ordinance amendments will only affect the area zoned as the Transit Zoning Code (SD-84). The City is also underway with a comprehensive Zoning Code Update, which is a separate and ongoing effort to update and modernize the City's Zoning Code to reflect the goals and values of the General Plan Update from 2022. 37. What type of environmental document pursuant to the California Environmental Quality Act (CEQA) will be prepared for this project? The City, as the Lead Agency, has determined that the proposed ordinance and map amendment are subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). An Addendum to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) has been prepared by the City to evaluate the impacts of the proposed ordinance amendments. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 162 5/6/2025 Exhibit 6 - February 24, 2025 Planning Commission Staff Report and Exhibits Planning and Building Agency www.santa-ana.org/pb Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report February 24, 2025 Topic: Resolution to make findings and adopt Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024- 03 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) addressing industrial land uses, nonconformities, and operating standards, and amending the City of Santa Ana Zoning Map to remove the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 district boundary. RECOMMENDED ACTIONS Recommend that the Planning Commission recommend that the City Council: 1) Adopt a resolution to make findings pursuant to Public Resources Code Section 21166 and to adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100). Pursuant to the California Environment Quality Act (CEQA), and based on independent review and analysis, and the administrative record as a whole, that, in exercising its independent judgement, amend TZC SD-84 Final EIR with an addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR was accordingly prepared. 2) Adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD-84)) of Chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the zoning district; modifying the authorized land uses and permit types; establishing revised non -conforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and non -conforming uses. 3) Adopt an ordinance to approve Amendment Application (AA) No. 2024-03 amending the zoning by removing the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map. City Council 21 — 163 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 2 EXECUTIVE SUMMARY On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the SD- 84 Zoning District. 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. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Based upon this City Council direction, and the research and analysis of the issues herein, staff has prepared Ordinances amending certain sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District. The first Ordinance proposes amendments that would modify the list of land uses and permit types, including the deletion of industrial land uses; amend nonconforming regulations, including the addition of an amortization process/termination of use process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps. The second Ordinance deletes the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. DISCUSSION The Transit Zoning Code/Specific Development No. 84 The Specific Development (SD) 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 as established residential communities. The TZC is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (1-5) Freeway. Prior to the implementation of the TZC, the area consisted of a wide range of civic, commercial, industrial, and residential land uses regulated by varying zoning districts. In June 2010, the City Council adopted Ordinance No. NS-2804, creating the TZC, which purpose was to establish a transit -supportive, pedestrian -oriented development framework to support the addition of new transit infrastructure; preserve and reinforce the City Council 21 — 164 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 3 existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures. In July 2019, the City Council adopted Ordinance No. NS-2970, amending the TZC to modify certain design criteria regulating height, massing, open space location, driveway standards, lot dimensions, and parking alternatives. The amendment did not include changes to land uses or permit types within the TZC. When originally adopted, the TZC provided new zoning for all properties contained within its boundary. However, some properties with existing M1 and M2 zoning and/or exiting industrial businesses, also received an overlay district designation which allowed for the continuation of industrial land uses on those properties. The development of mixed -use on these properties consistent with the new zoning they received as part of the TZC adoption is 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. However, due to the continued application of the industrial overlay zones within the TZC, the implementation of the new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts with the new General Plan. Since establishment of the TZC, and specifically in the Logan and Lacy neighborhoods, industrial uses have remained, changed ownership, undergone expansions or intensifications, and have continued to create 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 to the new General Plan land use designations. Historically Disadvantaged Communities and Senate Bill (SB) 1000 Prior to the adoption of the TZC, the City permitted industrial uses within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools. The Logan neighborhood represents one of Orange County's oldest barrios, established as early as 1886, and was one of the few areas where Mexicans and those of Mexican descent could purchase land due to racially restrictive covenants during the first half of the 20t" century. Further, as a neighborhood, the area was established before the modern practice of separating or regulating impactful land uses, also known as zoning. The Logan neighborhood itself was largely settled by 1900, before the practice of zoning was enshrined by Village of Euclid v. Ambler Realty Co. in 1926. By that time, the neighborhood contained a mix of residential, industrial, commercial, and related land uses, in some cases side -by -side, with issues further exacerbated by rail lines, fuel storage depots, and the construction of the Santa Ana Freeway (1-5) between 1947 and 1956. City Council 21 — 165 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 4 Comprehensive data analysis and mapping tools generated by the Office of Environmental Health Hazard Assessment (OEHHA) and California Environmental Protection Agency (CaIEPA), the Center for Diseases Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR), the United States Environmental Protection Agency (EPA), and California Healthy Places Index (HPI) reveal concerning information regarding environmental conditions impacting residents in the Logan and Lacy neighborhoods. Recent CalEnviroScreen 4.0 data confirms that these neighborhoods rank at 90 percent or above among California's most pollution -burdened communities, with Environmental Justice (EJ) maps showing higher exposure to Particulate Matter (PM) 2.5, Air Toxics Cancer Risk, Hazardous Waste Proximity, Diesel Particulate Matter, and Toxic Releases to Air. This information is included as Exhibit 4 to this staff report. These multiple sources of environmental exposure and pollution burden communities of color, including the Logan and Lacy neighborhoods, present an alarming set of challenges that affect residents' quality of life and life expectancy with continued heavy industrial uses nearby. Senate Bill (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 to proactively plan for and address environmental concerns when developing and updating components of the General Plan. The City and community worked to ensure that the new General Plan included SB 1000 requirements of addressing EJ 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. Of note, the City's 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. Environmental Justice/Disadvantaged Communities (DACs) Profile: Logan and Lacy Neighborhood Impacts 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 near communities of color. The Logan and Lacy neighborhoods have a population of 5,907 within 1,564 households, a median household income of $56,864, average household size of nearly four persons, median age 27 years, and per -capita income of $23,495. Seventy-four percent are renter - occupied units based on demographic forecasts for 2023. Nearly 25 percent of the population is under 14 years of age and 14 percent are 55 years of age and older. Nearly three percent of the population attended up to 12t" grade with no diploma, over 31 percent City Council 21 — 166 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 5 are high school graduates, and nearly 97 percent of the working population over 16 years of age are employed.' These data illustrate 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 percent or greater, ranking in the 90t" 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. Code Enforcement and Immediate On -going Issues In the Logan and Lacy neighborhoods within the TZC, the Code Enforcement Division has investigated over 35 commercial and industrial properties in the past 12 months and currently has 16 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 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 voiced and emailed 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. Specifically, a fire incident at a crematory located in the neighborhood alarmed neighbors at 9:18 p.m. on August 29, 2023. Residents shared with City officials' video of high flames escaping the stack on the rooftop, screeching noise that continued nonstop for ten minutes, and what was described as a foul odor attributed to the fire. As City staff 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. On August 9, 2024, the City received a complaint with photos of 1 ESRI Community Analyst summary data, which utilizes U.S. Census Bureau sources (2017-2021 American Community Survey & 2020 Decennial Census Data), enhanced by ESRI's forecasts and aggregations, covering demographics like population, income, age, and employment. City Council 21 — 167 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 6 the the same crematory in which the complainant observed bodies stored in a container outside the facility. A City code enforcement inspector issued an abatement notice that same day; the bodies and container were removed and the case was closed on August 13, 2024 by code enforcement staff. 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. Staff encountered difficulty in achieving desired enforcement outcomes with external regulatory 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) with several heavy industrial business operators in the TZC. This is supported through internal correspondence and phone conversations with staff from these agencies to understand their investigation and compliance processes. To address issues of industrial operators, including recycling and waste processing facilities near schools and residential areas, the City adopted new regulations such as a Noxious Uses Ordinance (Ordinance No. NS- 3044, adopted June 20, 2023) to include 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, 15 properties (six commercial, three office, and six industrial businesses) sold. Three of those businesses (800-808 E. Washington Avenue, 1045 N. Fuller Street, and 923 N. Logan Street) are located in the Logan neighborhood. Currently, multi -tenant industrial and manufacturing warehouse spaces on the market for lease located in the TZC. Recent City Council Actions and Direction to Address TZC Land Use Conflicts On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the TZC through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the TZC. 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 Council 21 — 168 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 7 On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. As part of its approval, the City Council expressed a desire for City staff to begin evaluating permanent solutions to the irreconcilable land use conflicts in the TZC area in as timely a manner as possible, which resulted in immediate evaluation of the zoning code text and map amendments consistent with direction provided for City Council consideration as part of this request. Review of City Department Activities Immediately following the adoption of the Moratorium, City staff conducted an interagency meeting that included representatives from multiple City departments: the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Additionally, engagement with additional agencies such as the Santa Ana Police Department (SAPD), Public Works Agency, and the Community Development Agency's Economic Development Division has produced critical information illustrating the extent to which industrial activities interface 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 application of the moratorium affects approximately 127 industrial businesses in the TZC. All businesses must obtain appropriate permits before operating: commercial locations require a Certificate of Occupancy from the Planning Department, while residential -based operations need a Home Occupation Permit. Of the affected businesses, approximately three have active applications for permits, primarily seeking to legalize unpermitted work on industrial properties. City staff reviewed public safety data from SAPD and OCFA to assess community concerns regarding emergency responses in the TZC. SAPD records show a total of 18,736 calls for service between March 2023 and July 2024, with 226 of those occurring between April and July 2024 within the Logan and Lacy neighborhoods. These calls encompassed a wide range of incidents, including patrol checks, disturbances, and traffic - related issues. Notably, 1,909 calls involved collisions, vehicle impoundments, domestic violence, and SAMC violations. OCFA data from 2022 to August 2024 indicates 238 calls for advanced life support emergencies. In 2022, 29 calls were related to respiratory issues, chest pain, and cardiac arrest, with a subsequent 7-percent increase in health - related calls in 2023. While the data reflects a broad spectrum of emergency responses, the concentration of industrial businesses in the TZC raises the possibility that some of these calls, particularly those related to respiratory issues and traffic incidents, may be influenced by industrial operations. Further analysis is needed to determine the specific correlation between industrial activity and public safety concerns in the area. City Council 21 — 169 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 8 OCFA data for 2024 reported 312 service calls in the Logan and Lacy neighborhoods. A substantial majority, exceeding 250, were EMS -related, indicating a high demand for emergency medical services. Other incidents included traffic and pedestrian accidents, fire responses (including unauthorized burning and a brush fire), and alarm activations. Some calls were cancelled or resulted in 'no incident found,' suggesting potential areas for improved dispatch accuracy. The volume and variety of these calls highlight the impact of the area's mixed land use, where dense residential areas, commercial activity, and industrial operations contribute to a wide range of emergency response needs. Currently, City staff have an internal process established which tracks and monitors incoming notice of compliance and notice of violations given to a particular business/operator. City Code Enforcement activities and implementation of the City's Noxious Uses Ordinance continue being monitored at these facilities. Code Enforcement staff data reports show enforcement activity beyond the Logan and Lacy neighborhoods within the TZC, where at the time of adoption of the moratorium, 16 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. 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. Currently, 21 open code enforcement violations or compliance reviews from industrial businesses are recorded with the City of Santa Ana, underscoring the need for close monitoring within the TZC area. The profile highlights the critical role of regulatory agencies in overseeing these businesses to mitigate potential environmental and public health risks. Review of Records and Activities of External Agencies Data from outside regulatory agencies 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. On April 25, 2024, City staff initiated public records requests from outside regulatory agencies, such as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional Water Quality Control Board (SARWQCB), the Department of Toxic Substances Control (DTSC), and others responsible for issuing specific types of permits for industrial uses in the TZC. Such agencies are responsible for permit issuance, compliance activities, City Council 21 — 170 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 9 and/or monitoring hazardous clean-up sites, or other industrial facility -related activities for sites located within the TZC. The City has responses to its Public Records Act request from SCAQMD, the Santa Ana Regional Water Quality Control Board (SARWQB), and the Orange County Environmental Health Division Certified Unified Program Agency (CUPA). Records show SCAQMD issued two notices to comply with one industrial business on August 2023 and April 2024 for failure to maintain records, such as temperature graphs, poundage logs, and source test data. SCAQMD issued several permits to construct and to operate to the new operator of this same facility, which is currently in compliance with SCAQMD. Two notices of violation to one industrial business for operating a paint spray booth without a valid permit to operate from SCAQMD. The report from the SARWQCB from 2023 shows five (5) active industrial businesses in the TZC that were in violation of their permit for providing a late report or incomplete and/or insufficient information for their Stormwater Pollution Prevention Plan (SPPP). Public records from the Certified Unified Program Agency (CUPA) for Orange County, spanning 2022-2024, reveal a pattern of non-compliance with environmental and hazardous materials regulations among industrial businesses within the TZC. While some 2023 violations related to Hazardous Material Business Plan staff training and reporting were later corrected, current records indicate four businesses still have multiple open violations. These ongoing issues include non-compliance with documentation for hazardous waste transportation and disposal, as well as deficiencies in industrial stormwater reporting requirements. Notably, records from 2022-2024 show repeated failures to submit required stormwater reports and deficiencies in hazardous waste management and emergency response planning, including missing documentation and training. These violations highlight potential risks to public health and the environment. The proposed amendments for the TZC aim to strengthen the City's land use regulatory oversight, providing a necessary tool to address these deficiencies and safeguard the health, safety, and welfare of the TZC community. Air emission complaints continue to be reported to SCAQMD. These complaints included one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. 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 SCAQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust). Therefore, although community members continue to share concerns with City and SCAQMD staff, 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, is ineffective in addressing the immediate needs of the community. City Council 21 — 171 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 10 Public Outreach Following City Council's extension of the SD-84 TZC Moratorium on May 21, 2024, the Planning and Building Agency has been developing proposed regulations for the TZC district, encompassing the Downtown, Lacy, and Logan neighborhoods. This effort includes updates to permitted uses (including the removal of industrial uses), operational standards, non -conforming use regulations (including a new amortization process), and reflects ongoing input from affected business owners, residents, community stakeholders, and industrial/commercial brokers gathered since July 2024, including a Community Information Meeting on October 22, 2024, and culminating in a series of meetings through February 20, 2025. The draft amendments to the TZC were released to the public on January 15, 2025, and were made available on the City's Moratorium webpage. These amendments address the permitted uses table, nonconforming regulations, amortization, and operational standards, and are designed to prepare for the TZC Moratorium's expiration on April 15, 2025. Staff met with business owners and brokers on January 30, 2025, to discuss the draft regulations and met with the Lacy and Logan neighborhoods meeting on February 19, 2025, and again with a focus group of industrial businesses on February 20, 2025. Staff have continued to update the TZC (SD-84) Moratorium project webpage with additional updates, including the Study Session and Public Hearing Notice and recent Planning Commission's Study Session PowerPoint presentation. City staff have also prepared two Frequently Asked Questions (FAQ) documents to clarify information regarding the Moratorium, affected businesses, the proposed zoning amendments, legal concerns, community engagement, and opportunities to participate in the public hearing process. The first FAQ became available prior to the City's project informational meeting on October 22, 2024, and the second FAQ is included with this staff report (Exhibit 5). Current Code and Proposed Amendments to Text, Figures and Maps Based upon the City Council's actions and direction enacting the moratorium combined with the research and analysis of the issues herein, staff has prepared the proposed zoning ordinance (ZOA No. 2024-02) and zoning map (AA No. 2024-03) amendments. The proposed amendments would modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization/termination of use process; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC boundary as designated on the City of Santa Ana Zoning Map. City Council 21 — 172 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 11 Table 1: ZOA No. 2024-02 Current and Proposed Text Regulations Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Application of Article SAMC Section 41-2001 establishes the The update to text of this Section land uses and standards applicable to clarifies that the regulations apply to the TZC - primarily for new uses. existing uses, whether conforming or nonconforming, change in land use or tenancy requiring issuance of Certificate of Occupancy. Organization SAMC Section 41-2001.5 establishes The update to the text is necessary to the contents and organization of the encompass the new Section 41-2009 TZC regulations (Operational Standards for Nonconforming Industrial Uses). Nonconforming SAMC Section 41-2002 establishes the The update to text of this Section will Buildings, Structures regulations for nonconforming further limit some rehabilitation of and Uses buildings, structures or uses within the buildings and structures, with specific TZC boundary. The provisions contain emphasis on nonconforming industrial minimal limits for rehabilitation of uses. These updated provisions include: buildings and structures and their Requiring rehabilitation or expansion expansion for both residential and non- of buildings and structures, occupied residential uses. by any nonconforming use to comply with the new operational standards contained in Section 41-2009. • Prohibits expansion of a building or structure occupied by a nonconforming industrial use. • Discontinuation of nonconforming noxious uses through amortization. • Elimination of certain nonconforming uses and structures • Establishes a process for enacting amortization periods for eliminating certain nonconforming uses. • References to SAMC and State law for abatement of public nuisances. • Establishes authority for voluntary compliance agreements between the City and nonconforming uses. The Industrial SAMC Section 41-2004 establishes an Section 41-2004 is deleted in its entirety, Overlay (I-OZ) Zone overlay zone applied to M1 and M2 removing the I-OZ Zone from the TZC to zoned properties located within the eliminate industrial land use type zoning TZC boundary. altogether. Application for SAMC Section 41-2005 establishes the Section 41-2005 is renumbered as 41- Discretionary process and timing of vesting for 2004, and the update to the text of this Approvals certain uses approved with a Section adds clarification for effects of discretionary permit. the amendments to the TZC dependent upon status of an application in the City process of review, approval, and/or building permit issuance, if required. City Council 21 — 173 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 12 Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Zones Established SAMC Section 41-2006 contains the The update to the text of this Section regulations for zoning districts, land deletes the I-OZ Zone, including uses, and permit types within the TZC. replacing Figure 2.1, the Regulating Plan (map) with a new Figure 2.1 removing the I-OZ Zone designation from all parcels within the TZC boundary. Uses Permitted SAMC Section 41-2007 provides the The update to the text of this Section allowable land uses and permit types clarifies application of the use standards required to establish a land use by by zoning district as follows: each zoning district within the TZC. • Modifies Table 2A containing the Use Standards by adding and reclassifying certain land use types appropriate to the TZC land use subcategories • Deletes certain land use types that are inconsistent with the intent and purpose of the TZC, including the deletion of the Small -Scale Industry land use subcategory in its entirety. Operational SAMC Section 41-2008 primarily The update to the text of this Section Standards regulates new uses within the TZC. further limits certain operations to ensure greater compatibility between residential and non-residential land uses. Operational SAMC Section 41-2009 is an entirely The new Section establishes regulations Standards for new set of regulations specific to for operation of any existing, legally Nonconforming existing nonconforming industrial uses established, nonconforming industrial Industrial Uses within the TZC. use. The regulations cover general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. Definitions SAMC Section 41-2080 contains the The update to the text of this Section definitions applicable to terms and land provides clarification for certain land use uses of the TZC. types (artisan/craft product with limited on -site production, commercial recreation facility — indoor, and research and development), adds definitions for land use types (automobile repair, automobile service, business support services, craft and specialized automotive restoration service, pet day care facility and trade school), and deletes corresponding definitions for land use types that were deleted as part of the amendments to SAMC Section 41- 2006. City Council 21 — 174 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 13 Analysis of the Issues The proposed amendments to the Sections of the TZC under the topic headings of Application of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to ensure internal consistency related to the more substantive changes being proposed for the TZC to address irreconcilable land use conflicts, described as follows: Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming building, structure or use specifically within the TZC. The regulations are unique to the TZC and do not apply citywide. The regulations determine under certain circumstances when a nonconforming structure or use can rehabilitate both structural or nonstructural; or expand conditions that would allow expansion. Due to the concerns enumerated within this report related to nonconforming industrial uses within the TZC, the amendments to this section increasingly limit rehabilitation of structures to those types of improvements that address compliance with the new Section 41-2009 operational standards for nonconforming industrial uses; and disallow the expansion of any nonconforming industrial use. This Section also includes new provisions to establish a process for the discontinuance of nonconforming uses, specifically noxious uses, and the elimination of those uses or structures through an amortization hearing process. The tools that these new regulations provide are necessary to address the environmental impacts that lead to the adoption of the Moratorium, provide the framework to initiate the process to eliminate noxious industrial land uses from the TZC, and align with the adopted EJ policies of the General Plan. The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for properties within the TZC that had already contained M1 or M2 industrial zoning, uses and structures, when the TZC was adopted in 2010. In order to be both consistent and to promulgate the new General Plan land use designations within the TZC, the removal of this overlay zone is necessary. The zone currently gives deference to the property owner of these parcels with an industrial overlay to decide when and whether to redevelop their properties in a manner that would remove the industrial structure and use, replacing it with an allowable use and conforming to the design standards of the TZC. Eliminating the I-OZ Zone will cause these properties to become nonconforming as to use and structure, subjecting them to the regulations as amended and added to Section 41-2002, including discontinuance of nonconforming use or structure though amortization. With the deletion of the entirety of the text of Section 41-2004, Section 41-2005 Application for Discretionary Approvals is renumbered as Section 41-2004. Zones Established and Uses Permitted — Amendments to Sections 41-2006 and 41- 2007, respectively, include parallel deletion of the I-OZ Zone affecting the Regulating Plan (TZC zoning map) and the corresponding Use Standards tables regulating the land use and permit types for each of the remaining zones of the TZC. Table 2A categorizes land uses into broad subheadings for both residential and nonresidential land uses. The nonresidential land uses are further categorized into commercial - City Council 21 — 175 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 14 oriented versus industrial -oriented types of uses. The amendments will eliminate the Small -Scale Industry sub -category altogether, since the majority of these uses are industrial uses incompatible with residential uses. The purpose of the TZC is to promote transit -oriented mixed -use development, which pairs residential and nonresidential land uses either horizontally or vertically on a site or within a building. Compatibility of allowable land use types is critical, particularly given the history of the negative impacts from industrial uses remaining in the area and in close proximity to existing and new residential areas. Amending this Section also replaces the TZC zoning map figure to ensure consistency with the City's Official Zoning Map and General Plan Land Use Map in accordance with requirements of State law, Government Code Section 65860. • Operational Standards and Operational Standards for Nonconforming Industrial Uses — Section 41-2008 contains operational standards applicable to all uses within the TZC boundary. This Section is largely unchanged, with clarification and strengthening of certain regulations to address any possible industrial type function of an allowable land use type as listed in the tables of Section 41-2007. These amendments affected any possible manufacturing related activities, sound, screening walls and eliminated any vehicular service on Sundays. Section 41-2009 establishes new regulations governing existing industrial uses made nonconforming with the removal of the I-OZ Zone within the TZC, and include general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. The amendments to Section 41-2008 and creation of new regulations under Section 41-2009 ensure that existing nonconforming uses comply with very specific operational standards and/or face amortization that leads ultimately to discontinuance of use, effectively reestablishing the TZC area with residential uses and allowing certain nonresidential uses compatible to such residential and/or mixed -use development. Profile of Industrial Businesses Affected with Proposed Regulations The SD-84 Transit Zoning Code (TZC) area is characterized by a diverse mix of approximately 127 industrial businesses. These businesses range from automotive services (the most common industry type) and manufacturing to warehousing and recycling centers. Data compiled from city and external regulatory agencies, including CaIEPA, SCAQMD, and CERS, reveal that these businesses operate under various permits related to hazardous materials, air quality, and water quality. Key business characteristics include the storage and use of hazardous materials such as motor oil, solvents, and various chemicals, as well as the operation of equipment like emergency generators and internal combustion engines. Notably, several businesses, particularly those engaged in manufacturing (spray booths, metal processing) and chemical storage, handle substances like xylene, resins, mineral oils, and acids, posing potential risks related to air and water contamination, as well as fire and health hazards. Heavier industrial operators, such as open air recycling and sorting facilities in the TZC have been creating a City Council 21 — 176 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 15 range of issues in the neighborhood. Issues range from: 1) air pollution — dust and participate matter from the sorting process that can become airborne, leading to respiratory problems and reduced air quality, VOCs released from decomposing materials, and odors; 2) water pollution from stormwater runoff that can carry contaminants, including debris, chemicals, or bacteria, from a facility to nearby waterways; 3) noise pollution from heavy machinery, trucks, and sorting equipment generating noise; 4) visual blight from the constant movement of trucks and equipment and from the piles of trash, debris, and recycling materials that detract from the aesthetic appeal of the community. The secondary effects affect residents' quality of life with increased traffic hazards and living next to these heavier industrial uses and the risks being exposed to these issues on a daily basis. General Plan Consistency The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan, as required by Government Code Section 65860, by timely addressing current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM- 3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: • Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; • Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; • Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses; • Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; • Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; City Council 21 — 177 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 16 • Developing and adopting new regulations to address facilities that emit increased pollution new sensitive receptors within EJ area boundaries, which includes areas of the TZC; • Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and • Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. LU3.3 - 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. CN1.4 - 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. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. CN1.11 - 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. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. HE44.A — Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. City Council 21 — 178 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 17 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. The proposed Transit Zoning Code amendments align with both the General Plan's EJ policies and the original land use designations applicable to the area since the adoption of the Transit Zoning Code in 2010. ENVIRONMENTAL IMPACT The California Environmental Quality Act (CEQA) requires public agencies and local governments to measure the environmental impacts of development projects or other major land use decisions, and to limit or avoid those impacts if possible. CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. d) The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Additionally, CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or City Council 21 — 179 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 18 (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. ZOA No. 2024-02 and AA No. 2024-03 are considered a project as defined by the CEQA. The City, as the Lead Agency, has determined that it is subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). An Addendum to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) has been prepared by the City. Based on its independent review and analysis, and the administrative record as a whole, and, in the exercising its independent judgement, hereby finds that pursuant to CEQA Guidelines Section 15162, no subsequent EIR would be required for the proposed project; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR is required for the adoption of the Ordinances. Specifically, pursuant to CEQA Guidelines Section 15162, the City finds on the basis of substantial evidence in light of the whole record, that: (1) no substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: (A) the project will have one or more significant effects not discussed in the EIR; (B) significant effect previously examined will be substantially more severe than shown in the EIR; (C) City Council 21 — 180 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 19 mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternative which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Additionally, as detailed in the General Plan Consistency subsection of this report, the proposed Ordinances are consistent with numerous General Plan goals and policies that were evaluated as part of the General Plan Update Program EIR. The proposed Ordinances also satisfy and further implementation actions of the General Plan Update. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution of the City Council and Addendum to the TZC EIR 2. Ordinance for Zoning Ordinance Amendment (ZOA) No. 2024-02 3. Ordinance for Amendment Application (AA) No. 2024-03 4. Environmental Health Data and Reports 5. Frequently Asked Questions (FAQ) 6. City Council Staff Report and Exhibits for the Adopted TZC Moratorium 7. Copy of Public Hearing Notice Submitted By: Margarita Macedonio, Principal Planner Approved By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency City Council 21 — 181 5/6/2025 RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER NO. 2006071100) WHEREAS, at a duly noticed public hearing held on June 7, 2010, the City Council of the City of Santa Ana ("City Council") adopted findings and a Statement of Overriding Considerations and certified the Transit Zoning Code Environmental Impact Report (State Clearinghouse No. 2006071100, "Transit Zoning Code EIR"), pursuant to the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000, et seq., "CEQA Guidelines") and adopted the City of Santa Ana's Transit Zoning Code ("Transit Zoning Code"), which is designed to provide the zoning necessary to support the long-term development of a successful transit program; and WHEREAS, after continued research and study, two ordinances have been developed that address the impacts from industrial land uses in the Specific Development No. 84 (SD-84) Zoning District, also known as the Transit Zoning Code: (1) Zoning Ordinance Amendment (ZOA) No. 2024-02 to amend certain provisions of the Santa Ana Municipal Code and amend portions of the Transit Zoning Code, including the deletion of industrial land uses; amendment of non -conforming regulations; and (2) Amendment Application (AA) No. 2024-03 to remove the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, the City has evaluated the proposed ordinances to the Transit Zoning Code in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162, and concluded that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects that were previously disclosed in the Transit Zoning Code EIR, and therefore no subsequent EIR or mitigated negative declaration is required; and WHEREAS, the proposed changes would nonetheless necessitate minor changes or additions to the Transit Zoning Code EIR and, thus, the City has prepared an Addendum for the Transit Zoning Code EIR ("Addendum"), attached as Exhibit 1, pursuant to State CEQA Guidelines section 15164 to address the proposed ordinances; and City Council 21 — 182 5/6/2025 WHEREAS, the Addendum was prepared in full compliance with CEQA, CEQA Guidelines, and the City's Local CEQA Guidelines; and WHEREAS CEQA Guidelines Section 15164, subdivision (c) does not require the Addendum to be circulated for public review but can be included in or attached to a final EIR or adopted negative declaration; and WHEREAS, under CEQA and the CEQA Guidelines and as referenced below, the "project" shall mean the proposed ordinances under the Transit Zoning Code including implementation of these ordinances; and WHEREAS, on February 24, 2025, the Planning Commission held a duly noticed public hearing to consider these proposed ordinances, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinances to the City Council; WHEREAS, on March 18, 2025, the City Council held a duly noticed public hearing to consider these proposed ordinances, where all interested persons were given an opportunity to be heard; and WHEREAS the City Council considered the entire administrative record, including the staff report (and all attachments thereto), the Transit Zoning Code EIR and Addendum, and oral and written testimony from interested persons; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. CEQA Guidelines Section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the administrative record, including but not limited to the Transit Zoning Code EIR and the Addendum, which are all incorporated by reference as though set forth fully herein, and finds that those documents taken together contain a complete and accurate reporting of all the environmental impacts associated with the Transit Zoning Code. The City Council further finds that the Addendum and the administrative record have been completed in compliance with CEQA, the CEQA Guidelines, and the City's Local CEQA Guidelines. The City Council finds and determines that the Addendum reflects the City's independent judgment. The City Council finds that the foregoing is supported by substantial evidence in the record. Furthermore, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the City is required to review any changed City Council 21 — 183 5/6/2025 circumstances under Public Resources Code Section 21166 and CEQA Guidelines Section 15162 to determine whether additional environmental review is required. Based on the substantial evidence set forth in the administrative record, including but not limited to the Transit Zoning Code EIR and the Addendum, the City Council finds that none of the conditions under CEQA Guidelines Section 15162 requiring subsequent environmental review have occurred because the proposed ordinances: a) do not constitute substantial changes that would require major revisions to the Transit Zoning Code EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) do not constitute substantial changes with respect to the circumstances under which the project was developed that would require major revisions of the Transit Zoning Code EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and c) do not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Transit Zoning Code was certified, showing any of the following: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Pursuant to CEQA and CEQA Guidelines, the City Council hereby adopts the foregoing findings and adopts the Addendum attached as Exhibit 1. City Council further directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council's adoption of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. Section 4. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning and Building Agency is the custodian of records for the record of City Council 21 — 184 5/6/2025 proceedings. This information is provided pursuant to Public Resources Code section 21081.6. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 18th day of March, 2025 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: /I Melissa Crosthwaite Senior Assistant City Attorney Cal21:4919[OU,%I W] W_11aI*Ir_AI[•Lr_101 We] V Eel i►r_1IIWA I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on March 18, 2025. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 21 — 185 5/6/2025 EXHIBIT 1 ADDENDUM City Council 21 — 186 5/6/2025 ADDENDUM TO THE CITY OF SANTA ANA TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT SCH NO. 2006071100 City of Santa Ana Amendment to Transit Zoning Code/Specific Development No. 84 L Prepared For: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Prepared By: MIG, Inc. 1650 Spruce Street, Suite 106 Riverside, California 92507 January 2025 City Council 21 — 187 5/6/2025 TABLE OF CONTENTS Paqe SECTION 1.0 — INTRODUCTION AND PURPOSE....................................................................1 1.1 Introduction and Purpose................................................................................................1 1.2 Statutory Authority and Requirements.............................................................................1 1.3 Incorporation by Reference.............................................................................................2 SECTION 2.0 — BACKGROUND................................................................................................3 SECTION 3.0 — DESCRIPTION OF PROPOSED PROJECT.....................................................6 SECTION 4.0 — ENVIRONMENTAL SETTING.....................................................................9 SECTION 5.0 — ENVIRONMENTAL ANALYSIS.......................................................................12 5.1 Aesthetics/Visual Resources.........................................................................................13 5.2 Air Quality......................................................................................................................16 5.3 Biological Resources.....................................................................................................22 5.4 Cultural Resources........................................................................................................24 5.5 Hazards and Hazardous Materials.................................................................................27 5.6 Hydrology and Water Quality.........................................................................................31 5.7 Land Use.....................................................................................................................34 5.8 Noise.............................................................................................................................36 5.9 Population, Housing and Employment...........................................................................39 5.10 Public Services..............................................................................................................40 5.11 Transportation...............................................................................................................42 5.12 Utilities and Service Systems........................................................................................46 5.13 Global Climate Change.................................................................................................48 5.14 Mandatory Findings of Significance...............................................................................51 5.20 Conclusion....................................................................................................................52 FIGURES Figure 1: Transit Zoning Code Area............................................................................................4 Figure 2: Transit Zoning Code Zoning Designations...................................................................5 Figure 3: Regional Location......................................................................................................10 Figure4: Citywide Aerial...........................................................................................................11 TABLES Table 1 - Current and Proposed Text Regulations......................................................................6 City Council 21 — 188 5/6/2025 1.0 INTRODUCTION 1.1 Introduction and Purpose On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (or "SD 84A and 84B") through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the SD84 Zoning District. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Based upon the City Council's actions and direction enacting the moratorium combined with the research and analysis of the issues herein, staff has prepared Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03. The proposed amendments ("proposed amendments" or "project") will modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization process for industrial uses; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. Refer to Section 3.2 — Project Description. Following preliminary review of proposed ZOA No. 2024-02 and AA No. 2024-03 amendments, the City, as the Lead Agency, has determined that the project is subject to CEQA (Public Resources Code (PRC) §§21000-21177; 14 CCR §§15000, et seq.). This Addendum to Transit Zoning Code (SD 84A and 84B) Environmental Impact Report ("TZC EIR") (SCH No. 2006071100) has been prepared to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this project is within the scope of the TZC EIR. As a result, the City does not need to prepare a subsequent or supplemental EIR as the TZC EIR fully analyzed the potential impacts associated with the proposed amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. 1.2 Statutory Authority and Requirements CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. .lan • y ouncil 21 — 189 r970mysis d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. 1.3 Incorporation by Reference The TZC Final EIR, including the original Draft EIR (DEIR), and has been made available for public review at the Lead Agency office (City of Santa Ana). The Final EIR is incorporated into this Addendum by reference. .lan • y ouncil 21 — 190 79TETYSis This Addendum is available for public inspection at the City at 20 Civic Center Plaza, Santa Ana, CA, and on the City's website at https://www.santa-ana.org/environmental-impact-report- transit-zoning-code/. 2.0 BACKGROUND The TZC was established in June 2010, which is located in the area west of Interstate 5, north of First Street, and between Grand Avenue and Flower Street, and south of Civic Center Drive in the City of Santa Ana. The TZC provided new zoning for all of the properties contained within its boundary. However, some properties with existing M1 and M2 zoning and/or existing industrial businesses also received an overlay district designation which allowed for the continuation of industrial land uses on those properties and allows for the option of future mixed -use development to be exercised at the discretion of the property owner. The purpose was to establish 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 design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures. On June 7, 2010, the City adopted the TZC and certified the TZC Final EIR (SCH No. 2006071100). The TZC Final EIR provides a program -level and project -level analysis of the environmental impacts resulting from implementation of the TZC. The majority of the analysis is done at the program level; however, a project -level analysis is provided for the development proposal to demolish 30,000 square feet of existing structures on eleven Redevelopment Agency -owned parcels and to construct 220 affordable residential units. The TZC Final EIR concluded full implementation of the TZC would result in significant and unavoidable impacts with respect to the following: aesthetics, air quality, cultural resources, noise, transportation, and climate change. The TZC Final EIR's background and environmental impact conclusions are cited throughout this Addendum. In July 2019, the City Council adopted Ordinance No. NS-2970, amending the Transit Zoning Code to modify certain design criteria regarding height, massing, open space location, driveway standards, lot dimensions, and parking alternatives, and determined that this ordinance was exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines, section 15061(b)(3). This amendment did not include changes to land uses or permit types within the TZC. In support of the TZC amendment, the City Council also approved a General Plan amendment, establishing numerous mixed -use General Plan land use designations for the entirety of the TZC. Refer to Figure 1 — Existing Transit Zoning Code area and Figure 2 Transit Zoning Code Designations, below. However, due to the continued application of the industrial overlay zones within the TZC, implementation of the new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts with the new General Plan. .lan • y ouncil 21 — 191 79TETYSis Figure 1— Transit Zoning Code Area Miles 0] 5 Legend City of Santa Ana Transit Zoning Code Area .lan • y ounci1 21 — 192 79TETYSis m 3.0 DESCRIPTION OF PROPOSED PROJECT The proposed amendments would modify the list of land uses and permit types, including the following: • Deletion of industrial land uses • Amend nonconforming regulations, including the addition of an amortization process • Amend and add operational standards for allowed uses and nonconforming uses • Delete the Industrial Overlay (I-OZ) zone from text and maps • Delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD84 Zoning District boundary as designated on the City of Santa Ana Zoning Map Implementation of the proposed amendments do not include nor require implementation of any site -specific development projects. Table 1 — Current and Proposed Text Regulations, below lists the proposed amendments and is followed by a summary of each. Figure 2.5 Proposed Transit Zoning Code Designations depicts the removal of I-OZ from the map. Table 1 — Current and Proposed Text Regulations Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Application of SAMC Section 41-2001 establishes the land The update to text of this Section Article uses and standards applicable to the TZC - clarifies that the regulations apply to primarily for new uses. existing uses, whether conforming or nonconforming, change in land use or tenancy requiring issuance of Certificate of Occupancy. Organization SAMC Section 41-2001.5 establishes the The update to the text is necessary to contents and organization of the TZC encompass the new Section 41-2009 regulations (Operational Standards for Nonconforming Industrial Uses). Nonconforming SAMC Section 41-2002 establishes the The update to text of this Section will Buildings, regulations for nonconforming buildings, further limit some rehabilitation of Structures and structures or uses within the TZC boundary. buildings and structures, with specific Uses The provisions contain minimal limits for emphasis on nonconforming industrial rehabilitation of buildings and structures and uses. These updated provisions their expansion for both residential and non- include: residential uses. • Requiring rehabilitation or expansion of buildings and structures, occupied by any nonconforming use to comply with the new operational standards contained in Section 41-2009. • Prohibits expansion of a building or structure occupied by a nonconforming industrial use. • Discontinuation of nonconforming Jan • yto' uncil 21 — 194 79TETYSis Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations noxious uses through amortization. • Elimination of certain nonconforming uses and structures • Establishes a process for enacting amortization periods for eliminating certain nonconforming uses. • References to SAMC and State law for abatement of public nuisances. • Establishes authority for voluntary compliance agreements between the City and nonconforming uses. The Industrial SAMC Section 41-2004 establishes an Section 41-2004 is deleted in its Overlay (I-OZ) overlay zone applied to M1 and M2 zoned entirety, removing the I-OZ Zone from Zone properties located within the TZC boundary. the TZC to eliminate industrial land use type zoning altogether. Application for SAMC Section 41-2005 establishes the Section 41-2005 is renumbered as 41- Discretionary process and timing of vesting for certain 2004, and the update to the text of this Approvals uses approved with a discretionary permit. Section adds clarification for effects of the amendments to the TZC dependent upon status of an application in the City process of review, approval, and/or building permit issuance, if required. Zones SAMC Section 41-2006 contains the The update to the text of this Section Established regulations for zoning districts, land uses, deletes the I-OZ Zone, including and permit types within the TZC. replacing Figure 2.1, the Regulating Plan (map) with a new Figure 2.1 removing the I-OZ Zone designation from all parcels within the TZC boundary. Uses SAMC Section 41-2007 provides the The update to the text of this Section Permitted allowable land uses and permit types clarifies application of the use required to establish a land use by each standards by zoning district as follows: zoning district within the TZC. • Modifies Table 2A containing the Use Standards by adding and reclassifying certain land use types appropriate to the TZC land use subcategories • Deletes certain land use types that are inconsistent with the intent and purpose of the TZC, including the deletion of the Small -Scale Industry land use subcategory in its entirety. Operational SAMC Section 41-2008 primarily regulates The update to the text of this Section Standards new uses within the TZC. further limits certain operations to ensure greater compatibility between residential and non-residential land uses. Operational SAMC Section 41-2009 is an entirely new The new Section establishes Standards for set of regulations specific to existing regulations for operation of any existing, Nonconforming nonconforming industrial uses within the legally established, nonconforming Industrial Uses TZC. industrial use. The regulations cover general standards, enclosed .lan • y ouncil 21 — 195 79TETYSis Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. Definitions SAMC Section 41-2080 contains the The update to the text of this Section definitions applicable to terms and land uses provides clarification for certain land of the TZC. use types (artisan/craft product with limited on -site production, commercial recreation facility — indoor, and research and development), adds definitions for land use types (business support services, pet day care facility and trade school, nonconforming industrial, and noxious use), and deletes corresponding definitions for land use types that were deleted as part of the amendments to SAMC Section 41- 2006. Source: Planning Commission Staff Report Janu yI Muncil 21 — 196 EnVIF5779TMysis N 0 275 550 1.100 1,650 L�j Wk i Figure 2.5 - Proposed Transit Zoning Code Designations �4 V I .�� , 11 1 11 ■ EMI 1 11I■�IBM M ■ 111 ■1 ■ 11 1 111■III I N 1111111 INNI ' 111 IIIN� _ 1 111111111 li ■11111 . � . � IIIININ 11111 11 IIII 111■rlli:rnri— — ■� � ... = CMUM [CDR] U1 n NelgDCoh (UJ l} 6jEjDariRaun {DT} U-n NHgNCO—[IJN-2} 6rnemmen[CenGer[DC) � SOAd _ Open Space [O5] - Tansl[Vlllage (N] uroan cen� [Oct N W E t S Transit Zoning Code SD-84 Proposed Zoning Designations December 17, 2024 i January 202 City Council 21 - 197 5/6/2025 Analysis of the Amendments The proposed amendments to the Sections of the TZC under the topic headings of Application of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to ensure internal consistency related to the more substantive changes being proposed for the TZC to address irreconcilable land use conflicts, described as follows: Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming building, structure or use specifically within the TZC. The regulations are unique to the TZC and do not apply citywide. The regulations determine under certain circumstances when a nonconforming structure or use can rehabilitate both structural or nonstructural; or expand conditions that would allow expansion. Due to the concerns enumerated within this report related to nonconforming industrial uses within the TZC, the amendments to this section increasingly limit rehabilitation of structures to those types of improvements that address compliance with the new Section 41-2009 operational standards for nonconforming industrial uses; and disallow the expansion of any nonconforming industrial use. This Section also includes new provisions to establish a process for the discontinuance of nonconforming uses, specifically noxious uses, and the elimination of those uses or structures through an amortization hearing process. The tools that these new regulations provide are necessary to address the environmental impacts that lead to the adoption of the Moratorium, provide the framework to initiate the process to eliminate noxious industrial land uses from the TZC, and align with the adopted EJ policies of the General Plan. The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for properties within the TZC that contained M1 or M2 industrial zoning, uses and structures, when the TZC was adopted in 2010. In order to be both consistent and to promulgate the General Plan land use designations within the TZC, the removal of this overlay zone is necessary. The zone currently gives deference to the property owner of these parcels with an industrial overlay to decide when and whether to redevelop their properties in a manner that would remove the industrial structure and use, replacing it with an allowable use and conforming to the design standards of the TZC. Eliminating the I-OZ Zone will cause these properties to become nonconforming as to use and structure, subjecting them to the regulations as amended and added to Section 41- 2002, including discontinuance of nonconforming use or structure though amortization. With the deletion of the entirety of the text of Section 41-2004, Section 41-2005 Application for Discretionary Approvals is renumbered as Section 41-2004. Zones Established and Uses Permitted — Amendments to Sections 41-2006 and 41- 2007, respectively, include parallel deletion of the I-OZ Zone affecting the Regulating Plan (TZC zoning map) and the corresponding Use Standards tables regulating the land use and permit types for each of the remaining zones of the TZC. Table 2A categorizes land uses into broad subheadings for both residential and nonresidential land uses. The nonresidential land uses are further categorized into commercial -oriented versus industrial -oriented types of uses. The amendments will eliminate the Small -Scale Industry sub -category altogether, since the majority of these uses are industrial uses incompatible with residential uses. The purpose of the TZC is to promote transit -oriented mixed -use development, which pairs residential and nonresidential land uses either horizontally or vertically on a site or within a building. Compatibility of allowable land use types is critical, particularly given the history of the negative impacts from industrial uses remaining in the area and in close proximity to existing and new residential areas. Amending this Section also replaces the TZC zoning map figure to ensure consistency with the City's Official Zoning Map and General Plan Land Use Map in accordance with requirements of State law, Government Code Section 65860. .lan • y ouncil 21 — 198 79TETYSis Operational Standards and Operational Standards for Nonconforming Industrial Uses — Section 41-2008 contains operational standards applicable to all uses within the TZC boundary. This Section is largely unchanged, with clarification and strengthening of certain regulations to address any possible industrial type function of an allowable land use type as listed in the tables of Section 41-2007. These amendments affected any possible manufacturing related activities, sound, screening walls and eliminated any vehicular service on Sundays. Section 41-2009 establishes new regulations governing existing industrial uses made nonconforming with the removal of the I-OZ Zone within the TZC, and include general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. The amendments to Section 41-2008 and creation of new regulations under Section 41-2009 ensure that existing nonconforming uses comply with very specific operational standards and/or face amortization that leads ultimately to discontinuance of use, effectively reestablishing the TZC area with residential uses and allowing certain nonresidential uses compatible to such residential and/or mixed -use development. 4.0 ENVIRONMENTAL SETTING The City of Santa Ana is located in Orange County and serves as the County seat. The City is in the western central portion of Orange County, approximately 30 miles southwest of the City of Los Angeles and 10 miles northeast of the City of Newport Beach (refer to Figure 3, Regional Location). As shown in Figure 4, Citywide Aerial, the City is bordered by the City of Orange and unincorporated areas of Orange County to the north, the City of Tustin to the east, the cities of Irvine and Costa Mesa to the south, and the cities of Fountain Valley and Garden Grove to the west. The TZC area is shown in blue on both Figure 3 and Figure 4, and a detailed view is shown on Figure 1 in Section 2.0. .lan • y ouncil 21 — 199 r970mysis Figure 3 — Regional Location Walnut D ntebello La Puente Chino Chino Hills e 1390 ft Whittier Santa Fe Po e Firestone Boy me Hills Scout vneY ---- Springs `- Ca�0- Reservation r La Habra a �. South Whittier W 1678ft Norwalk Water Canyon Natural Preserve Yorba Linda flower 71 Fullerton Cerritos Buena Park ood La'.Palma Hawaiian Anaheim Gardens,' Peralta Hills Los Alamitos Orange Garden Grove �S_ 1 r ,'Naval Weapons Westminster Santa a I StaBeachtion eal 11 i ustln 1 + Santa Ana 11 Sunset Beach Fountain Val y �`��--►/ Irvine Huntington ORANGE Beach Costa Mesa 0.5 1 2 miles J City of Santa Ana - Transit Zoning Code Area ro 4 .Q� Sil' p Foothill Ranch Lake Forest Newport Beach Laguna Hills 1156 fr Corona del Mar Mission Viej State Beach Crystal Cove State Park Aliso Viejo v Laguna Beach Laguna Niguel San Juan Capistrano Jan • y ounci1 21 — 200 79TETYSis At the local level, the TZC area is located in the central urban core of the City and comprises over 100 blocks and 450 acres, and is generally bounded by 1-5 to the north and east, First Street to the south, and Flower Street to the west. Refer to Figure 1 in the Background section. The majority of the City is urbanized, with residential and nonresidential development, and mobility and public facilities all contributing to Santa Ana's existing built environment. The City's incorporated boundaries encompass approximately 27.4 square miles. Residential land uses occupy almost 40 percent of the land within the current City boundaries, accounting for 5,226 acres. Other predominant land uses include commercial (1,588 acres) and industrial (1,628 acres). While Santa Ana is a densely populated urban center with one of the most diverse international populations in Orange County, it can generally be characterized as a City of neighborhoods. Santa Ana has over 65 neighborhoods which are distinguished by their history, architecture, housing types, amenities, and unique character. The Specific Development (SD) No. 84 Zoning District, also known as the TZC, is located in the central urban core of the City and comprises over 100 blocks and 450 acres, and is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (1-5) Freeway. The TZC area includes the Orange County Civic Center consisting of City, County and federal buildings, City, Downtown, the Logan and Lacy neighborhoods, which are among the City's most historic in age and are established residential communities. Additional land uses include a mix of residential, commercial and industrial uses. The TZC area overlaps portions of two of the City's five focus areas, which are suited for new growth and development under the GPU: the Grand Avenue Avenue/17th Street Focus Area and the West Santa Ana Boulevard Focus Area. The Grand Avenue Avenue/17th Street Focus Area is primarily business oriented with office and commercial storefronts and large apartment complexes. The West Santa Ana Boulevard Focus Area is characterized as a mix of residential, commercial and industrial. 5.0 ENVIRONMENTAL ANALYSIS The Initial Study/Notice of Preparation of the DEIR (Appendix A) concluded certain topics to be "Effects Not Found to Be Significant" according to Section 15128 of the CEQA Guidelines as having less than significant or no impacts, and therefore were not included in the Final EIR. Agricultural Resources. The Initial Study concluded that the soils within the Transit Zoning Code (SD 84A and SD 84B) area are not candidates for listing as prime farmland, unique farmland, or farmland of statewide importance. In addition, no farmland or agricultural activity exists on or in the vicinity of the Transit Zoning Code, and no portion is under a Williamson Act contract. The Initial Study concluded no that no impacts would occur. Geology and Soils. The Transit Zoning Code (SD 84A and SD 84B) area is located in an area of minimal geologic hazards. Any development within the project area would be designed in accordance with applicable building code requirements, which account for seismic groundshaking. The Initial Study concluded that no and less than significant impacts to would occur. Mineral Resources. The Initial Study determined that implementation of the Transit Zoning Code (SD 84A and SD 84B) would not result in the loss of availability of either a known mineral resource of value to the state or region, or a locally important mineral resource recovery site, because no such sites exist within the project area. The Initial Study concluded that implementation of the Transit Zoning Code (SD 84A and SD 84B) would not result in the loss of .lan • y ounci1 21 — 202 79TETysis availability of a locally important mineral resource delineated on a local general plan, specific plan, or other land use plan. Because the TZC Final EIR was certified in 2010, certain topics that were later added to the state CEQA Guidelines checklist were not included. The Tribal Cultural Resources topic was added to the CEQA Guidelines in 2017. Although added as a separate topic, the TZC DEIR Cultural Resources section did include an evaluation of Native American resources in Section 4.4.1 — Environmental Setting and Section 4.4.2 — Regulatory Framework. Impact 4.4-1 included MM 4.4-1(a) that required construction monitoring by a tribe. The TZC EIR included a Global Climate Change topic, which included greenhouse gas emissions. The Greenhouse Gas Emissions topic was added to the CEQA Guidelines in 2018. Greenhouse Gas Emissions was discussed in Section 4.13.2 — Existing Conditions, Section 4.13.2 — Regulatory Framework, and Section 4.13.4 — Project Impacts and Mitigation Measures. The Energy and Wildfire topics were added to the CEQA Guidelines in 2018. Although added as separate topics, Energy is discussed within Sections 4.12.12 and 4.12.13 of the Utilities and Service Systems topic of the TZC EIR. Wildfire (i.e. wildland fires), is discussed within Section 4.5.3 of the Hazards and Hazardous Materials topic of the TZC EIR. Although these topics were added following certification of the TZC Final EIR, they were discussed and analyzed in the respective sections identified above and do not represent new impacts not previously addressed. Sections 5.1 through 5.13, below, analyzes the potentially significant impacts that could occur as a result of implementing the proposed project through the adoption of the proposed text regulations identified in Table 1 — Current and Proposed Text Regulations. Each topical section lists impact statements and mitigation measures from the TZC EIR, and provides an analysis and conclusion. Each TZC EIR conclusion includes a reference to the EIR impact statement (ex., Impact 4.1-3) and includes its associated significance finding. 5.1 AESTHETICS/VISUAL RESOURCES This section analyzes the effects to aesthetics and visual resources from implementing the proposed zoning code regulations. Would the project: a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? e. A project would be considered to create significant shade/shadow impacts if shade/shadow from the project results in a substantial loss of sunlight in a residential area or other sensitive receptor. Other sensitive receptors would include schools and parks. .lan • y ouncil 21 — 203 r970mysis TZC EIR Conclusions • Implementation of the Transit Zoning Code (SD 84A and SD 84B) would not substantially damage scenic resources within a State scenic highway, and no further analysis is necessary in this EIR. (DEIR Section 4.1.3: Effects Found to Have No Impact) • Development under the Transit Zoning Code (SD 84A and SD 84B) would contribute to the image of, and add to the aesthetic quality of the City. As such, development under the proposed project would not degrade the existing visual quality of the area or obstruct key existing views and/or vistas in the vicinity. (Impact 4.1-1: Less Than Significant without mitigation) • Future development under the Transit Zoning Code (SD 84A and SD 84B) would improve the existing visual character. (Impact 4.1-2: Less Than Significant without mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code, and associated infrastructure improvements would result in new sources of increased daytime glare. (Impact 4.1-3: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code would result in new sources of spillover light. (Impact 4.1-4: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code (SD 84A and SD 84B) would result in a substantial increase in shade/shadows over sensitive uses. (Impact 4.1-5: Significant and Unavoidable and no feasible mitigation) TZC EIR FEIR Mitigation Measures MM4.1-1 Proposed new structures shall be designed to maximize the use of textured or other non -reflective exterior surfaces and non -reflective glass. Building materials shall be reviewed by the City of Santa Ana prior to issuance of building permits for each project. (Impact 4.1-3) MM4.1-2 All exterior lighting and advertising (including signage) shall be directed onto the specific location intended for illumination (e.g., parking lots, driveways, and walkways) and shielded away from adjacent properties and public rights -of -way to minimize light spillover onto adjacent areas. (Impact 4.1-4) MM4.1-3 Prior to issuance of a building permit for a specific development project, the applicant shall submit a lighting plan to the City for review and approval. The plan shall specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects. The plan shall specifically incorporate the following design features: o All projects shall incorporate project design features to shield light and/or glare from vehicles entering or exiting parking lots and structures that face sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate off -site sensitive uses. o All projects shall incorporate project design features to provide landscaping, physical barriers, screening, or other buffers to minimize project -generated illumination from entering off -site areas and to prevent glare or interference with vehicular traffic, in accordance with the City's Municipal Code. (Impact 4.1-4) Jan • yto' uncil 21 — 204 79TETYSis MM4.1-4 For any proposed structure that would exceed four stories in height, applicants shall submit a site -specific shade/shadow report with renderings representing the level of shade/shadows associated with the proposed development at the following times: 9:00 A.M., 12:00 P.M., 3:00 P.M. PST for the both the winter and summer solstices. An additional rendering for the 5:00 P.M. PST time period shall be prepared for the summer solstice period. Typically, a variety of criteria are used to determine the significance of a shadow impact, including the following: o Affected land use (criticality of direct sunlight for the use). o Duration (hours per day in shadow); time of day (critical time period for direct sunlight). o Season (time of year use would be shadowed). o Extent (percentage of use that would be shadowed). o Preexisting condition (shadow condition due to existing buildings, landscaping, or other features). o Type (solid or dappled shadow). The report shall include any feasible design considerations that would reduce the extent of shadows cast by a proposed structure. The analysis and the project design plans shall be forwarded to the Planning and Building Agency for review and approval. (Impact 4.1-5) Project Analysis and Conclusion The City determined that no impacts related to State Scenic Highways would result from implementation of the project because no scenic highways are located within the TZC area. Impacts related to visual and aesthetic quality (Impact 4.1-1) and visual character (Impact 4.1- 2) were below the level of significance and did not require mitigation. Impacts related to daytime glare (Impact 4.1-3) and spillover light (Impact 4.1-4) were less than significant with the implementation of mitigation measures. Long-term development related shade and shadows (Impact 4.1-5) were found to be significant and unavoidable and that specific economic, social, or other considerations make mitigation infeasible. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Implementation of the project through the proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations does not trigger new aesthetic and visual resources impacts requiring preparation of a supplemental or subsequent EIR because the project modifies the list of land uses and permit types (refer to Table 1 — Current and Proposed Text Regulations) including the deletion of industrial land uses; amend nonconforming regulations including the additional of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC area. Thus, there are no new land uses being introduced or different development standards that would have aesthetic or visual resource impacts. In particular, the proposed amendments will establish regulations for nonconforming uses, including light and glare. These regulations and standards will cover general standards, enclosed operations, light, glare, and outdoor storage and screening. No direct or indirect glare or heat, whether from floodlights or from high -temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to assure that there is no spillover of light and glare that will impact drivers or pedestrians on the public streets, on site activities, and adjoining or nearby properties. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties. Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating .lan • y ouncil 21 — 205 79TETYSis pedestrian walkways. Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and downlit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties. Any future development within the TZC area requiring discretionary action would be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to aesthetics and visual resources. Mitigation measures MM4.1-1 through MM4.1-4 would continue to apply. Therefore, the project does not trigger new aesthetics impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more significant impacts to aesthetics and visual resources. 5.2 AIR QUALITY This section analyzes the effects to air quality from implementing the proposed zoning code regulations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the proposed project region is in non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? TZC EIR Conclusions • The project would not create substantial objectionable odors. (Impact 4.2-1: Less Than Significant with mitigation) • The project would not create short-term quantities of criteria pollutants above the significance thresholds published by SCAQMD. (Impact 4.2-2: Less Than Significant with mitigation) • Operation of the project would increase local traffic volumes, but would not expose sensitive receptors to substantial localized carbon monoxide (CO) concentrations. (Impact 4.2-3: Less Than Significant without mitigation) • The anticipated population increase of 12,225 new residents as a result of the long-term cumulative development pursuant to the Transit Zoning Code is consistent with the SCAG growth projections for Santa Ana and, therefore, would not conflict with or obstruct implementation of the Air Quality Management Plan. (Impact 4.2-4: Less Than Significant without mitigation) • Construction activities associated with the construction of individual projects within the Transit Zoning Code area, including the Developer project, would contribute substantially to an existing or projected air quality violation for criteria air pollutants. (Impact 4.2-5: Significant and Unavoidable with mitigation) .lan • y ouncil 21 — 206 r970mysis Operation of the proposed project would exceed South Coast Air Quality Management District standards for VOC, NOX, CO, and PM10 and would result in a projected air quality violation. (Impact 4.2-6: Significant and Unavoidable and no feasible mitigation) Construction and operation of the proposed project would result in a cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal or state ambient air quality standard. (Impact 4.2-7: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures MM4.2-1 Trash receptacles within the Transit Zoning Code (SD 84A and SD 84B) will be required to have lids that enable convenient collection and loading and will be emptied on a regular basis, in compliance with City of Santa Ana regulations for the collection of solid waste. (Impact 4.2-1) MM4.2-2 The construction contractor should ensure that no more than 5 acres per day are actively graded or developed. (Impact 4.2-2) MM4.2-3 The construction contractor should ensure that all active disturbed surfaces should be watered three times per day throughout the construction period. (Impact 4.2-2) MM4.24 The construction contractor should ensure that the mass grading, fine grading, and structure construction are conducted at separate time periods and do not overlap with one another. (Impact 4.2-2) MM4.2-5 The construction contractor should ensure that all haul roads are watered three (3) times per day. (Impact 4.2-2) MM4.2-6 The construction contractor should ensure that all traffic on unpaved roads is reduced to 15 mph or less. (Impact 4.2-2) MM4.2-7 Project applicants shall require by contract specifications that all diesel -powered equipment used will be retrofitted with after -treatment products (e.g., engine catalysts) to the extent that they are readily available in the South Coast Air Basin. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-8 Project applicants shall require by contract specifications that all heavy-duty diesel - powered equipment operating and refueling at the project site use low-NOX diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin (this does not apply to diesel -powered trucks traveling to and from the project site). Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-9 Project applicants shall require by contract construction equipment (i.e., compressed natural gas, gasoline) be utilized to the extent that the equipment is the South Coast Air Basin. Contract specifications shal documents, which shall be reviewed by the City of Sant permit. (Impact 4.2-5) specifications that alternative fuel liquid petroleum gas, and unleaded readily available and cost effective in I be included in project construction a Ana prior to issuance of a grading Jan • yto' uncil 21 — 207 79TETYSis MM4.2-10 Project applicants shall require by contract specifications that construction equipment engines be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-11 Project applicants shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-12 As required by South Coast Air Quality Management District Rule 403—Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: o Application of soil stabilizers to inactive construction areas. o Quick replacement of ground cover in disturbed areas. o Watering of exposed surfaces three times daily. o Watering of all unpaved haul roads three times daily. o Covering all stock piles with tarp. o Reduction of vehicle speed on unpaved roads. o Post signs on -site limiting traffic to 15 miles per hour or less. o Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads. o Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas. o Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip. (Impact 4.2-5) MM4.2-13 The developer shall require by contract specifications that construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. Diesel -fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than 5 minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-14 The developer shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-15 The developer shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to maintain smooth traffic flow. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-16 The developer shall require by contract specifications that construction activities that affect traffic flow on the arterial system by scheduled to off-peak hours (9:00 A.M. to 3:00 P.M.). .lan • y ouncil 21 — 208 79TETYSis Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-17 Upon issuance of building or grading permits, whichever is issued earliest, notification shall be mailed to owners and occupants of all developed land uses within '/4 mile of any project within the Transit Zoning Code (SD 84A and SD 84B) boundaries greater than four stories in height or 25,000 sf in area providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with all project requirements related to PM10 generation. The construction manager will be located at the on -site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. (Impact 4.2-5) MM4.2-18 The developer shall require by contract specifications that the architectural coating (paint and primer) products used would have a VOC rating of 125 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-19 The developer shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-20 The developer shall require by contract specifications that pre -painted construction materials be used to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-21 As individual components of the Transit Zoning Code (SD 84A and SD 84B) are implemented, an air quality impact analyses will be completed to determine their independent significance levels. Mitigation is to be incorporated at the individual component level to bring the individual components to less than significant on a site -by -site basis. (Impact 4.2-6) MM4.2-22 Prior to issuance of a building permit, the applicant shall demonstrate that the design of the proposed buildings or structures exceeds current Title 24 requirements (Title 24, Part 6 of the California Code of Regulations; The Energy Commission adopted the 2008 Standards on April 23, 2008, and the Building Standards Commission approved them for publication on September 11, 2008. The 2008 Residential Compliance Manual was adopted by the Commission on December 17, 2008, and the 2008 Non-residential Compliance Manual was adopted January 14, 2009.Energy Efficiency Standards for Residential and Non Residential Buildings, as amended November 1, 2005; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent, subject to review by the County Building Official. Documentation of compliance with this measure shall be provided to the Planning Department and Building Official for review and approval prior to issuance of the permit. Installation of the identified design features or equipment will be confirmed by the County Building Official prior to certificate of occupancy. Any combination of the following design features may be used to fulfill this mitigation provided that the total increase in efficiency meets or exceeds 20 percent: o Increase in insulation such that heat transfer and thermal bridging is minimized .lan • y ouncil 21 — 209 79TETYSis o Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption o Incorporate dual -paned or other energy efficient windows o Incorporate energy efficient space heating and cooling equipment o Incorporate energy efficient light fixtures o Incorporate energy efficient appliances o Incorporate energy efficient domestic hot water systems o Incorporate solar panels into the electrical system o Incorporate cool roofs/light-colored roofing o Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended November 1, 2005; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent. (Impact 4.2-6) MM4.2-23 Prior to issuance of a building permit, the applicant shall provide a landscape plan for the Project that includes shade trees around main buildings, particularly along southern elevations where practical, and will not interfere with loading dock locations or other operational constraints. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. (Impact 4.2-6) MM4.2-24 Prior to issuance of a building permit, the applicant shall demonstrate that the proposed building or structure designs incorporate exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-25 The applicant shall provide education and publicity about reducing waste and available recycling services to future tenants. The education and publicity materials shall be provided to the City for review and approval by the Planning Department. (Impact 4.2-6) MM4.2-26 All showerheads, lavatory faucets, and sink faucets within the residential units shall comply with the California Energy Conservation flow rate standards. (Impact 4.2-6) MM4.2-27 Low -flush toilets shall be installed within all commercial and residential (including Congregate Care) units as specified in California State Health and Safety Code Section 17921.3. (Impact 4.2-6) MM4.2-28 All commercial/industrial/common area irrigation areas shall be capable of being operated by a computerized irrigation system which includes an onsite weather station/ET gage capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system shall be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. (Impact 4.2-6) .lan • y ouncil 21 — 210 79TETYSis MM4.2-29 Landscape designers shall ensure that Project landscaping of commercial/industrial/common areas uses drought -tolerant and smog -tolerant trees, shrubs, and groundcover to ensure long-term viability and conserve water and energy. (Impact 4.2-6) MM4.2-30 Landscape designers shall ensure that the landscape plan includes drought resistant trees, shrubs, and groundcover within the parking lot and perimeter. (Impact 4.2-6) MM4.2-31 Project designers shall ensure that design features incorporate light-colored roofing materials that will deflect heat away from the building and conserve energy. (Impact 4.2-6) MM4.2-32 The Project designers shall ensure that designs include all illumination elements to have controls to allow selective use as an energy conservation measure. (Impact 4.2-6) MM4.2-33 Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to promote ride sharing programs such as, but not necessarily including, publishing ride sharing information for all of the tenants, designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a website or message board for coordinating rides. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-34 Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-35 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that all interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City Building Official. (Impact 4.2-6) MM4.2-36 Tenants shall be responsible to ensure that preferential parking spaces are allocated to ultra -low emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra -low emission vehicles. (Impact 4.2-6) MM4.2-2 through MM4.2-29 would also apply to this impact. (Impact 4.2-7) Project Analysis and Conclusion The City determined that impacts related to increased local traffic volumes (Impact 5.2-3) and SCAG growth projections (Impact 4.2-4) were below the level of significance and did not require mitigation. Impacts related to objectionable odors (Impact 4.2-1), criteria pollutants (Impact 4.2- 2), contribute to an air quality violation (Impact 4.2-5) were less than significant with the implementation of mitigation measures. Impacts related to exceeding criteria pollutants during operations (Impact 4.2-6) and construction (Impact 4.2-7) were significant and unavoidable, and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. .lan • y ouncil 21 — 211 79TETYSis The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because the project modifies the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the additional of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC area. Thus, there are no new land uses being introduced that would have air quality impacts. The proposed amendments will introduce new regulations for nonconforming industrial use that would discontinue nonconforming noxious uses, establish screening walls, eliminate vehicle servicing on Sundays. These regulations would reduce dust and lessen air quality emissions. No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere. Uses, activities, and processes shall not operate in a manner that emits dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District. These regulations will have a beneficial impact to air quality. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated, which will result in a beneficial impact to air quality. Mitigation measures MM4.2-1 through MM4.2-36 would continue to apply. Therefore, the project does not trigger new air quality impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to air quality. 5.3 BIOLOGICAL RESOURCES This section analyzes the effects to biological resources from implementing the proposed zoning code regulations. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? TZC EIR Conclusions .lan • y ouncil 21 — 212 79TETYSis • No endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to occur or expected to occur within the Transit Zoning Code (SD 84A and SD 84B) area. (DEIR Section 4.3.3: Effects Found to Have No Impact) • No riparian habitat or other sensitive natural communities are located in these areas. (DEIR Section 4.3.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not in proximity to, nor does it contain, wetland habitat or a blueline stream. (DEIR Section 4.3.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) is surrounded by urban uses on all four sides, including two highways, and, therefore, does not function as a wildlife movement corridor. (DEIR Section 4.3.3: Effects Found to Have No Impact) • Implementation of the project would not conflict with any local policies or ordinances protecting biological resources. (DEIR Section 4.3.3: Effects Found to Have No Impact) • No conflict with an adopted habitat conservation plan, Orange County NCCP/HCP or other local, regional, or state habitat conservation plan would occur, and there would be no impact. (DEIR Section 4.3.3: Effects Found to Have No Impact) • Long-term cumulative development occurring pursuant to the Transit Zoning Code would not result in a potential reduction in nesting opportunities for resident and migratory avian species of special concern. (Impact 4.3-1: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures: 1. Tree removal shall be restricted to the period between August 30 and February 15, to the extent feasible, to avoid the breeding season of any migratory species that could be using the area, and to discourage nesting in the vicinity of an upcoming construction area. If it is not feasible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and August 30, all trees within 250 feet of any grading or earthmoving activity shall be surveyed for active nests by a qualified biologist no more than 30 days prior to disturbance. If active nests are found, and the site is within 250 feet of potential construction activity, a temporary fence shall be erected, where appropriate, around the tree(s) at a distance of up to 250 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined in consultation with the City of Santa Ana Park Naturalist or a designee. 2. No construction vehicles shall be permitted within restricted areas (i.e., protection zones), unless directly related to the management or protection of the legally protected species. 3. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist. (Impact 4.3-1) Project Analysis and Conclusion .lan • y ouncil 21 — 213 79TETYSis The City determined that impacts related to endangered, rare, threatened, or special status plant species or associated habitats or wildlife species, riparian habitat and sensitive natural communities, wetlands or blue line streams, wildlife movement corridors, habitat conservation plans, and biological resource policies would not have any impacts. Impacts to avian species were less than significant with implementation of the mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because the TZC area is intended to be developed for urban uses and located in an area that is completely developed for urban uses. Because TZC area is a heavily disturbed and graded area consisting of industrial and residential uses, and the project does not introduce any new types of land use, and instead removes the industrial overlay zone, there will be no impacts to biological resources. Any future development within the TZC area requiring discretionary action would be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to biological resources. The project does not trigger new biological resource impacts requiring the preparation of a subsequent or supplemental EIR. Mitigation measure MM4.3-1 would continue to apply. There would be no new or more significant impacts to biological resources. 5.4 CULTURAL RESOURCES This section analyzes the effects to cultural resources and tribal cultural resources from implementing the proposed zoning code regulations. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the CEQA Guidelines? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5 of the CEQA Guidelines? c. Directly or indirectly destroy a unique paleontological resource or unique geologic feature? d. Disturb any human remains, including those interred outside of dedicated cemeteries? TZC EIR Conclusions • Long-term cumulative development occurring pursuant to the Transit Zoning Code could cause a substantial adverse change in the significance of an archaeological resource or disturb human remains. (Impact 4.4-1: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code has the potential to directly or indirectly destroy a unique paleontological resource or unique geologic feature. (Impact 4.4-2: Less Than Significant with mitigation) The adoption of the Transit Zoning Code (SD substantial adverse change in the significance of Section 15064.5 of the CEQA Guidelines. (Impac and no feasible mitigation) TZC EIR Mitigation Measures 84A and SD 84B) would result in a historical resource as defined in t 4.4-3: Significant and Unavoidable .lan • y ouncil 21 — 214 79TETYSis MM4.4-1(a) Prior to any earth -disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to determine if the project could result in a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines or disturb human remains. The investigation shall include, as determined appropriate by the archaeologist and the City of Santa Ana, an updated records search of the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System (CHRIS), updated Native American consultation, and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any archaeological resources within the development area and includes recommendations and methods for eliminating or avoiding impacts on archaeological resources or human remains. The measures shall include, as appropriate, subsurface testing of archaeological resources and/or construction monitoring by a qualified professional and, if necessary, appropriate Native American monitors identified by the applicable tribe (e.g., the Gabrielino Tongva Nation) and/or the Native American Heritage Commission. The methods shall also include procedures for the unanticipated discovery of human remains, which shall be in accordance with Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. The technical report or memorandum shall be submitted to the City of Santa Ana for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or avoiding impacts on archaeological resources identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate non -disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth -disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-2(b). (Impact4.4-1) MM4.4-1(b) If evidence of an archaeological site or other suspected historical resource as defined by CEQA Guidelines Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during any project -related earth - disturbing activities (including projects that would not encounter undisturbed soils), all earth - disturbing activity within 100 feet of the find shall be halted and the City of Santa Ana shall be notified. The project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less -than -significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A-L) form and filed with the SCCIC. (Impact 4.4-1) MM4.4-2(a) Prior to any earth -disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project applicant shall retain a professional paleontologist to determine if the project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. The investigation shall include, as determined appropriate by the paleontologist and the City of Santa Ana, a paleontology records check and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies the paleontological sensitivity of the development area and includes recommendations and methods for eliminating or avoiding impacts on paleontological resources or unique geologic .lan • y ouncil 21 — 215 79TETYSis features. The technical report or memorandum shall be submitted to the City for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or avoiding impacts on paleontological resources or unique geologic features identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain a paleontologist shall demonstrate non -disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth -disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-3(b). (Impact 4.4-2) MM4.4-2(b) Should paleontological resources (i.e., fossil remains) be identified at a particular site during project construction, the construction foreman shall cease construction within 100 feet of the find until a qualified professional can provide an evaluation. Mitigation of resource impacts shall be implemented and funded by the project applicant and shall be conducted as follows: 1. Identify and evaluate paleontological resources by intense field survey where impacts are considered high 2. Assess effects on identified sites 3 Consult with the institutional/academic paleontologists conducting research investigations within the geological formations that are slated to be impacted 4. Obtain comments from the researchers 5. Comply with researchers' recommendations to address any significant adverse effects where determined by the City to be feasible In considering any suggested mitigation proposed by the consulting paleontologist, the City of Santa Ana staff shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, applicable policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. (Impact 4.4- 2) MM4.4-3 Prior to development activities that would demolish or otherwise physically affect buildings or structures 50 years old or older or affect their historic setting, the project applicant shall retain a cultural resource professional who meets the Secretary of the Interior's Professional Qualifications Standards for Architectural History to determine if the project would cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. The investigation shall include, as determined appropriate by the cultural resource professional and the City of Santa Ana, the appropriate archival research, including, if necessary, an updated records search of the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System (CHRIS) and a pedestrian survey of the proposed development area to determine if any significant historic -period resources would be adversely affected by the proposed development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any historical resources within the development area and includes recommendations and methods for eliminating or reducing impacts on historical resources. The technical report or memorandum shall be submitted to the City Santa Ana for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or reducing impacts on historical .lan • y ouncil 21 — 216 79TETYSis resources identified in the technical report or memorandum. Such methods could include, but not be limited to, written and photographic recordation of the resource in accordance with the level of Historic American Building Survey (NABS) documentation that is appropriate to the significance (local, state, national) of the resource. (Impact 4.4-3) Project Analysis and Conclusion The City determined that impacts related to archaeological resources (Impact 4.4-1) unique paleontological resources (Impact 4.4-2), and disturbing human remains were less than significant with the implementation of mitigation measures. Impacts related to historical resources (Impact 4.4-3) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. The TZC EIR states that there are 80 designated historic properties that are listed on the Santa Ana Register of Historical Properties, five that are listed on the California Points of Historical Interest, and one that is listed on the California Historical Landmarks within and adjacent to the TZC area. The TZC area has already been subject to extensive disruption from previous development and may contain artificial fill materials. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required, nor would the project introduce new land uses that would have impact to cultural or tribal cultural resources that could otherwise make the long-term significant and unavoidable historical resource impacts more severe. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Mitigation measures MM4.4-1(a), MM4.4- 1(b), MM4.4-2(a), MM4.2(b), and MM4.4-3 would continue to apply. In addition, compliance with the existing regulations and proposed regulations identified in Table 1 — Current and Proposed Text Regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to cultural resources. Therefore, the project does not trigger new cultural or tribal cultural resource impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to cultural and tribal cultural resources. 5.5 HAZARDS AND HAZARDOUS MATERIALS This section analyzes the effects to hazards and hazardous materials from implementing the proposed zoning code regulations. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? .lan • y ouncil 21 — 217 79TETYSis c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? TZC EIR Conclusions • A private airstrip/heliport is not known to be located within the Transit Zoning Code (SD 84A and SD 8413) area, nor is the Transit Zoning Code (SD 84A and SD 8413) area located in close proximity to a private airstrip/heliport. (DEIR Section 4.5.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 8413) area is located in a dense urban environment and is surrounded by existing development. There are no wildland areas, nor wildland interface areas located in the vicinity. Consequently, no wildland fires would affect, or be affected by, implementation of the proposed Transit Zoning Code (SD 84A and SD 8413). (DEIR Section 4.5.3: Effects Found to Have No Impact) • Long-term cumulative development occurring pursuant to the Transit Zoning Code could involve the transportation, use, storage, and/or disposal of hazardous materials, such as diesel exhaust. (Impact 4.5-1: Less Than Significant without mitigation) • Construction activities associated with implementation of the proposed Transit Zoning Code (SD 84A and SD 8413) would result in the release of hazardous materials to the environment through reasonably foreseeable upset and accident conditions. (Impact 4.5-2: Less Than Significant with mitigation) • Construction activities associated with the implementation of the Transit Zoning Code would result in the handling of hazardous materials, substances, or waste within one - quarter mile of an existing school. (Impact 4.5-3: Less Than Significant without mitigation) • The Transit Zoning Code (SD 84A and SD 8413) includes sites which are included on a list of hazardous materials sites and as a result, would create a significant hazard to the public or environment. (Impact 4.5-4: Less Than Significant with mitigation) • Construction activities associated with the implementation of the Transit Zoning Code could result in a safety hazard for people residing or working in the project area. (Impact 4.5-5: Less Than Significant with mitigation) • The Transit Zoning Code could impair the implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan resulting in a significant impact. (Impact 4.5-6: Less Than Significant with mitigation) Janu • y-1 EnvIron to'uncil 21 — 218 79TETYSis TZC EIR Mitigation Measures MM4.5-1 When sites that are listed in the EDR Report initiate project development, the project applicant shall prepare a Phase I ESA for the proposed site. The Phase I ESA shall be prepared in accordance with ASTM E-1527-05 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" (November 1, 2006). The purpose of a Phase I ESA is to identify environmental conditions at a proposed project site that may suggest environmental contamination. The Phase I ESA report shall be prepared by a CA EPA Registered Environmental Assessor or similarly qualified individual prior to initiating any construction activities at the site. If recommended in the Phase I ESA, the project sponsor shall undertake (or require the responsible party to undertake) a Phase II ESA soil sampling plan; or if any environmental contamination is identified by the Phase I ESA, the project sponsor shall implement (or require the responsible party to implement) the recommendations of the report to further investigate and to remove any soil contamination. (Impact 4.5-2) MM4.5-2 In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction in the Transit Zoning Code (SD 84A and SD 84B) area, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post -development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post -development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., Santa Ana Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. (Impact 4.5-2) MM4.5-3 Prior to the demolition of structures that were constructed before 1980, a thorough investigation shall be completed to determine if asbestos, lead, or PCBs exist on the site. All demolition that could result in the release of lead and/or asbestos must be conducted according to Cal/OSHA standards. (Impact 4.5-2) MM4.5-4 For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's aeronautical evaluation of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the project shall be reviewed by the ALUC for consistency analysis. (Impact 4.5-5) MM4.5-5 Prior to initiation of construction activities, any development within the Transit Zoning Code (SD 84A and SD 84B) Area shall have a completed traffic control plan, prepared by the project proponent that will be implemented during construction activities. This may include, but is not limited to, the maintenance of at least one unobstructed lane in both directions on surrounding roadways. At any time if only a single lane is available, the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating alternative routes. (Impact 4.5-6) .lan • y ouncil 21 — 219 r970mysis MM4.5-6 The City Public Works Department shall consult with the Santa Ana Police Department and the Santa Ana Fire Department to disclose temporary closures and alternative travel routes in order to ensure adequate access for emergency vehicles when construction of future projects would result in temporary land or roadway closures. (Impact 4.5-6) MM4.5-7 The Santa Ana Fire Department, in consultation with other applicable City Departments (e.g., Police), shall update their Emergency Preparedness Plan prior to occupancy of the first project developed under the Transit Zoning Code (SD 84A and SD 84B), to address the potential for the accidental release of hazardous materials that may be used, stored, and/or transported in association with operation of project implementation. (Impact 4.5-6) MM4.5-8 Project applicants shall submit evacuation plans on a project by project basis that shall be reviewed and approved by the City Police and Fire Departments. (Impact 4.5-6) Project Analysis and Conclusion The City determined that impacts related to people residing or working in the vicinity of a private airstrip/heliport and wildland areas would have no impact (DEIR Section 4.5.3: Effects Found to Have No Impact). Impacts related to transportation, storage and disposal of hazardous materials (Impact 4.5-1) and handling of hazardous materials near a school (Impact 4.5-3) were below the level of significance and did not require mitigation. Impacts related to reasonably upset of hazardous materials into the environment (Impact 4.5-2), hazardous materials sites (Impact 4.5-4), construction safety hazards for people or residing in the TZC area (Impact 4.5- 5) and interference with an adopted emergency response plan (Impact 4.5-6) were less than significant with the implementation of mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would require that no material or waste shall be deposited upon a subject parcel in such form or manner that it may be transferred off the parcel by natural causes or forces and that all materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with City of Santa Ana regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited. No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.5-1 through MM4.5-8 would continue to apply. Therefore, the project does not trigger new hazards and hazardous materials impacts requiring the preparation of a subsequent or supplemental EIR. In addition, compliance with the existing regulations and .lan • y ouncil 21 — 220 79TETYSis proposed amendments will assure that potential impacts to hazards and hazardous materials are not exacerbated. There would be no new or more severe significant impacts to hazards and hazardous materials. 5.6 HYDROLOGY AND WATER QUALITY This section analyzes the effects to hydrology and water quality from implementing the proposed zoning code regulations. Would the project: a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner that would result in substantial erosion or siltation on or off site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site? e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g. Otherwise substantially degrade water quality? h. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? i. Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? j. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? k. Expose people or structures to a significant risk of loss, injury, or death involving inundation by seiche, tsunami, or mudflow? TZC EIR Conclusions • The Transit Zoning Code (SD 84A and SD 84B) area is not located within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, and is not within the 100-year or 500- year flood hazard area. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not within the 100-year flood hazard area, (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not located in the flood inundation area of the Prado Dam or the Santiago Dam. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The proposed Transit Zoning Code (SD 84A and SD 84B) would not expose people to a significant risk of loss, injury, or death involving inundation by a seiche, tsunami, or mudflow because the project site is not located near a coastal area, large water body, or Janu • y-1 33 EnvIron to'uncil 21 — 221 79TETysis unstable and exposed hills or slopes. (DEIR Section 4.6.3: Effects Found to Have No Impact) • Implementation of the Transit Zoning Code would not violate water quality standards, waste discharge, or otherwise substantially degrade water quality. (Impact 4.6-1: Less Than Significant with mitigation) • The majority of the Transit Zoning Code (SD 84A and SD 84B) area is already developed and because the project area is not used for groundwater recharge, the operation of future development under the proposed project would not interfere substantially with groundwater recharge. (Impact 4.6-2: Less Than Significant without mitigation with mitigation) • Development under the Transit Zoning Code (SD 84A and SD 84B) could alter the existing drainage pattern of the area and potentially result in erosion and siltation. (Impact 4.6-3: Less Than Significant) • Future development in the Transit Zoning Code (SD 84A and SD 84B) could alter the existing drainage pattern and potentially result in increased downstream flooding through the addition of impervious surfaces, or exceeding the capacity of existing or planned stormwater drainage systems. (Impact 4.6-4: Less Than Significant with mitigation) TZC EIR Mitigation Measures MM4.6-1 In order to comply with the current version of the Drainage Area Master Plan (DAMP), future development projects in the Transit Zoning Code (SD 84A and SD 84B) area shall prepare Storm Drain Plans, Stormwater Pollution Prevention Plans (SWPPP), and Water Quality Management Plans (WQMP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, shall be submitted to the Public Works Agency for review and approval. a. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows, and for nuisance flows during construction. The SWPPP may include, but would not necessarily be limited to, the following applicable measures: o Minimum required pavement widths for residential streets needed to comply with all zoning and applicable ordinances o Use permeable materials for private sidewalks, driveways, parking lots, or interior roadway surfaces o Reduce the overall imperviousness associated with parking lots by using pervious materials in spillover parking areas o Direct rooftop runoff to pervious areas and avoid routing rooftop runoff to the roadway or the stormwater conveyance system o Biofilters including vegetated swales and strips o Extended/dry detention basins o Infiltration basin o Infiltration trenches or vaults o Catch basin inserts .lan • y ouncil 21 — 222 79TETYSis o Continuous flow deflection/separation systems o Storm drain inserts o Media filtration o Foundation planting o Catch basin screens o Normal flow storage/separation systems o Clarifiers o Filtration systems o Primary waste water treatment systems o Dry Wells o Cistern b. A WQMP shall be prepared, maintained, and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall incorporate water quality measures for all improved phases of the project. (Impact 4.6-1 and Impact 4.6-3) MM4.6-2 Prior to issuance of grading permits for future development projects in the Transit Zoning Code (SD 84A and SD 84B) area, applicants shall submit site -specific Hydrology and Hydraulic Studies to the Public Works Department for review and approval. If existing facilities are not adequate to handle runoff that may be generated by the proposed development, then the applicant shall propose feasible remedies to assure that adequate drainage facilities will be available prior to issuance of occupancy permits. The applicant may propose storm drain improvements to be constructed in order to meet project needs. If necessary storm drain upgrades cannot be implemented prior to issuance of occupancy permits, on site detention facilities or other methods acceptable to the City shall be included with new development projects to ensure that post -construction runoff does not exceed pre -development quantities. (Impact 4.6-4) MM4.6-3 During the design of individual projects, applicants shall minimize impervious area by incorporating landscaped areas over substantial portions of a proposed project area. Furthermore, impervious areas shall be directly connected to landscaped areas or bioretention facilities to promote filtration and infiltration of stormwater. (Impact 4.6-4) MM4.6-4 During the design of individual projects, applicants shall control structural source through storm drain stenciling and signage, coverage of trash area to minimize direct precipitation, efficient irrigation to minimize runoff into stormwater conveyance system, slope and channel protection to decrease potentials for erosions of slopes, and use of deep-rooted, drought tolerant plant species for erosion control. (Impact 4.6-4) Project Analysis and Conclusion The City determined that impacts related to within a 100-year flood hazard area, flood inundation area, inundation from the Prado Dam, a seiche, tsunami, or mudflow would have no impacts (DEIR Section 4.6-3). Impacts related to interference with groundwater recharge (Impact 4.5-1), alteration to existing drainage patterns (Impact 4.6-3) and increased downstream flooding (Impact 4.6-4) were less than significant with the implementation of mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of specific development projects, introduce new land uses nor increase the intensity the existing uses. The new regulations would require liquid or .lan • y ouncil 21 — 223 r970mysis solid wastes discharged from future development projects be properly treated and would therefore not pollute or contaminate any water courses or groundwater. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.6-1 through MM4.64 would continue to apply. Therefore, the project does not trigger new hydrology and water quality impacts requiring the preparation of a subsequent or supplemental EIR. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Therefore, there would be no new or more severe significant impacts to hydrology and water quality. 5.7 LAND USE This section analyzes the effects on land use from implementing the proposed zoning code regulations. Would the project: a. Introduce new land uses that would result in conflicts of use? b. Physically divide an established community? c. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. ? d. Conflict with any applicable habitat conservation plan or natural community conservation plan? TZC EIR Conclusions • The Transit Zoning Code (SD 84A and SD 84B) area is not located within either a natural community plan or applicable habitat conservation plan. The Transit Zoning Code (SD 84A and SD 84B) area does not contain any critical or sensitive habitat. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) would not result in conflicts of use. (Impact 4.7-1: Less Than Significant without mitigation) • The proposed Transit Zoning Code (SD 84A and SD 84B) would not physically divide an established community. (Impact 4.7-2: Less Than Significant without mitigation) • The proposed Transit Zoning Code (SD 84A and SD 84B) would conflict with the Santa Ana General Plan by adopting standards and land uses not currently allowed within the proposed Transit Zoning Code (SD 84A and SD 84B) area; however, as part of the proposed project, the General Plan would be amended to incorporate the proposed land uses and development standards. (Impact 4.7-3: Less Than Significant without mitigation) TZC EIR Mitigation Measures All impacts were below the level of significance and mitigation measures are not necessary nor recommended. Janu • yZ 36 EnvIron to'uncil 21 — 224 r970mysis Project Analysis and Conclusion The City determined that impacts related to conflicts with a natural community plan or applicable habitat conservation plan would have no impacts (DEIR Section 4.6.3: Effects Found to Have No Impact). Impacts related to incompatible land uses (Impact 4.7-1), potential to divide an established community (Impact 4.7-2), and conflicts with the Santa Ana General Plan (Impact 4.7-3) were below the level of significance and did not require mitigation. The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan, as required by Government Code Section 65860, by timely addressing current inconsistencies within an area of the City prioritized for addressing environmental justice and impacts were found to be less than significant. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC area. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: • Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles. • Resolving the conflict of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse. • Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses. • Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heave industrial facilities and emission sources. • Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC. • Developing and adopting new regulations to address facilities that emit high levels increased pollution near sensitive receptors within EJ (Environmental Justice) area boundaries, which includes areas of the TZC. • Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors • Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. .lan • y ouncil 21 — 225 r970mysis Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through discontinuing nonconforming industrial uses through amortization: LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. LU3.3 - 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. CN1.4 - 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. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. CN1.11 - 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. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. HE44.A — Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. Implementation of the proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations does not trigger new land use impacts that might otherwise occur with a development project requiring preparation of a supplemental or subsequent EIR. The new regulations would provide that any nonconforming business that operates in an unlawful manner, including but not limited to, frequent code violations, police calls, or loitering complaints, or is not in good standing with the City, including, but limited to constant service calls or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including business license revocation or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one violation, call, or complaint per month during any twelve month period, and "constant service calls" is defined as more than one service call per month during any twelve (12) month period. Thus, the project would not physically divide an established community, or conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental impact. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Therefore, the project does not trigger new land use impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to land use. .lan • y ouncil 21 — 226 79TETYSis 5.8 NOISE This section analyzes the effects to noise from implementing the proposed zoning code regulations. Would the project: a. Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Expose persons to or generate excessive groundborne vibration or groundborne noise levels? c. Cause a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. Cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? TZC EIR Conclusions • The project is not located within an airport land use plan or within 2 miles of a public airport or public use airport. (DEIR Section 4.8.3: Effects Found to Have No Impact) • Construction activities associated with the proposed project would generate noise levels that exceed the noise standards established by the City of Santa Ana Municipal Code. (Impact 4.8-1: Less Than Significant with mitigation) • Operation of the proposed project could expose noise -sensitive land uses to noise levels that exceed the standards established by the City of Santa Ana General Plan. (Impact 4.8-2: Less Than Significant with mitigation) • Operation of the proposed project would not expose sensitive receptors on or off site to excessive groundborne vibration or groundborne noise levels, (Impact 4.8-3: Less Than Significant without mitigation) • Occupants of the proposed residential units would not be exposed to potentially significant vibration levels. (Impact 4.8-4: Less Than Significant without mitigation) • Physical impact from an increase in ambient noise levels could occur from the construction activities associated with the proposed project, an adverse effect on the nearby residents would not occur. (Impact 4.8-5: Less Than Significant) • No temporary or periodic noise impacts to on- or off -site receptors due to operation of the project. (Impact 4.8-6: Less Than Significant without mitigation) • Operation of the proposed project would not generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity. (Impact 4.8-7: Less Than Significant without mitigation)Operation of the Southern California Regional Rail Authority's (SCRRA) rail line would potentially expose noise -sensitive land uses located within the Transit Zoning Code (SD 84A and SD 84B) area to noise levels that exceed the standards established by the City of Santa Ana General Plan. (Impact 4.8-8: Significant and Unavoidable and no feasible mitigation) • Construction activities associated with the proposed project would generate or expose persons or structures to excessive groundborne vibration. (Impact 4.8-9: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures Jan • y ouncil 21 — 227 79TETYSis MM4.8-1 All construction activity within the City shall be conducted in accordance with Section 18-314(e) of the City of Santa Ana Municipal Code. (Impact 4.8-1 and Impact 4.8-9) MM4.8-2 Each project applicant shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: Two weeks prior to the commencement of construction, notification must be provided to property owners within 300 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period Ensure that construction equipment is properly muffled according to industry standards and be in good working condition Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible Schedule high noise -producing activities between the hours of 8:00 A.M. and 5:00 P.M. to minimize disruption on sensitive uses Implement noise attenuation measures, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources Use electric air compressors and similar power tools rather than diesel equipment, where feasible Construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1) MM4.8-3 Each project applicant shall require by contract specifications that construction staging areas along with the operation of earthmoving equipment within the project area would be located as far away from vibration and noise sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9) MM4.8-4 Each project applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9) MM4.8-5 When residential uses would be located in areas with noise levels in excess of 60 dBA CNEL (either through conversion of use/structure or new construction), the project applicant shall provide noise barriers around private open space areas, including patios and balconies, as necessary. The height and density of the barriers shall be sufficient to reduce the exterior noise levels within private open space areas to a CNEL of 65 dBA or less. (Impact 4.8-2) .lan • y ouncil 21 — 228 r970mysis MM4.8-6 Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. (Impact 4.8- 2) MM4.8-7 Each project applicant shall provide proper shielding for all new HVAC systems used by the proposed residential and mixed use buildings to achieve an attenuation of 15 dBA at 50 feet from the equipment. (Impact 4.8-2) MM4.8-8 The City shall provide a written statement to each applicant for projects located within 400 feet of the SCRRA tracks that shall be provided for each residential unit and resident, notifying them of potential noise and vibration issues associated with the railroad tracks, including the following: Notice of Disclosure Each owner's [or renter's] interest is subject to the fact that trains operate at different times of the day and night on the railway tracks immediately adjacent to a project site; and that by accepting the conveyance of an interest [or lease agreement] in that project, owner [or renter] accepts all impacts generated by the trains. Posting of Notice of Disclosure in each residential unit. Prior to offering the first residential unit for purchase, lease, or rent, the property owner or developer shall post a copy of the Notice of Disclosure in every unit in a conspicuous location. Also, a copy of the Notice of Disclosure shall be included in all materials distributed for the Project, including but not limited to: the prospectus, informational literature, and residential lease and rental agreements. (Impact 4.8-8) Project Analysis and Conclusion The City determined that no impacts related to the proximity public use airport would not result in impacts would result. Impacts related to exposure of sensitive receptors from excessive groundborne vibration (Impact 4.8-3), potentially significant vibration levels (Impact 4.8-4), ambient noise increase (Impact 4.8-5), periodic noise impacts (Impact 4.8-6), and noise from increased traffic volumes (Impact 4.8-7) were below the level of significance and did not require mitigation. Impacts from noise levels exceeding City noise standards (Impact 4.8-1) and exposure to noise -sensitive land uses (Impact 4.8-2) were less than significant with the implementation of mitigation measures. Impacts causing groundborne vibration and development exposure near the Southern California Regional Rail Authority's (SCRRA) rail line (Impact 4.8-8) and construction activities from project implementation (Impact 4.8-9) were found to be significant and unavoidable. Specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would limit daily operations times and days of week, and maximum noise that could be generated from existing uses. No industrial use shall generate ground vibration perceptible without instruments at any point along the property line of the site except for motor vehicle operations. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel are exempt from this standard. .lan • y ouncil 21 — 229 79TETYSis Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.8-1 through MM4.8-8 would continue to apply. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. This will result in a beneficial impact. Therefore, the existing less than significant and significant and unavoidable noise impacts would not result in new or different impacts. 5.9 POPULATION, HOUSING AND EMPLOYMENT This section analyzes the effects to population, housing and employment from implementing the proposed zoning code regulations. Would the project: a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? TZC EIR Conclusions • Implementation of the proposed project would accommodate projected population and housing growth. (Impact 4.9-1: Less Than Significant without mitigation) Construction of development projects pursuant to the Transit Zoning Code (SD 84A and SD 84B) could displace existing people or housing. However, this displacement would not necessitate the construction of additional replacement housing elsewhere. (Impact 4.9-2: Less Than Significant without mitigation) TZC EIR Mitigation Measures All impacts were below the level of significance and mitigation measures are not necessary nor recommended. Project Analysis and Conclusion The City determined that impacts related to accommodating population and housing growth Impact 4.9-1) and displacement of existing housing (Impact 4.9-2) were below the level of significance and did not require mitigation. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require development of housing units. The new regulations would provide architectural standards to any future development that would regulate the manner in which individual parcels and blocks are developed to create diverse and pedestrian -oriented development that would be consistent with the TZC area. In addition, there shall be no increase in the number of dwelling units unless the site on which the structure is Janu • y-1 42 EnvIron to'uncil 21 — 230 79TETysis located complies with the off-street parking and open space requirements of the SAMC. Therefore, the existing less than significant population, housing and employment impacts would not result in new or different impacts nor would it increase unplanned growth and does not trigger new population and housing impacts requiring the preparation of a subsequent or supplemental EIR. 5.10 PUBLIC SERVICES This section analyzes the effects to public services and recreational and park facilities from implementing the proposed zoning code regulations. Would the project: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection? b. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection? c. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools? d. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for library services? e. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for park services? TZC EIR Conclusions Construction of new projects pursuant to the Transit Zoning Code (SD 84A and SD 8413) would increase the demand for fire protection services, but it would not require the construction of new or physically altered facilities to accommodate the increased demand or maintain acceptable response times. (Impact 4.10-1: Less Than Significant with mitigation) • Operation of the proposed project would increase the demand for police services, thereby requiring additional staffing, although it would not require the construction of new or physically altered facilities or personnel to accommodate the increased demand. (Impact 4.10-2: Less Than Significant with mitigation) Construction of new residential units within the project area would generate new students that could require the addition of new classroom facilities, thereby requiring .lan • y ouncil 21 — 231 79TETYSis new or physically altered facilities to accommodate additional students in Santa Ana Unified School District (SAUSD) schools. (Impact 4.10-3: Less Than Significant) • Construction of new residential units within the project area would generate new library users that could require the addition of new library facilities. (Impact 4.10-4: Less Than Significant without mitigation) • All properties identified as having new development potential to be built out pursuant to the provisions of the Transit Zoning Code (SD 84A and SD 84B) these new projects would generate a need for new or physically altered park facilities in order to maintain acceptable service ratios. (Impact 4.10-5: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.10-1 Prior to an issuance of a building permit, individual projects in the Transit Zoning Code (SD 84A and SD 84B) area shall perform a water supply, fire flow test and fire protection system design analysis to ensure that proposed projects are in accordance to meet standard fire protection design requirements. (Impact 4.10-1) MM4.10-2 Any development that would exceed two stories in height shall submit site -specific security plans to the SAPD for review prior to issuance of a building permit. (Impact 4.10-2) MM4.10-3 No developer within the Transit Zoning Code (SD 84A and SD 84B) boundaries shall utilize a frequency of 800 MHz, which is reserved for emergency services. (Impact 4.10-2) MM4.10-4 Individual project developers shall pay school impact fees prior to the issuance of occupancy permits. (Impact 4.10-3) MM4.10-5 Prior to issuance of a building permit for a residential development project, or change of use from non-residential to residential within the Transit Zoning Code (SD 84A and SD 84B) area, project applicants shall pay to the City of Santa Ana the Park Acquisition and Development Fee. (Impact 4.10-5) Project Analysis and Conclusion The City determined that impacts related to the provision of library services (Impact 4.10-4) and recreation park facilities (Impact 4.10-5) were below the level of significance and did not require mitigation. Impacts related to fire services (Impact 4.10-1), Police services (Impact 4.10-2) and generation of new school children (Impact 4.10-3) were less than significant with the implementation of mitigation measures. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.10-1 through MM4.10-5 would continue to apply. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated, which will result in a beneficial impact to public services. Therefore, the existing less than significant and significant and public services impacts would not result in new or different impacts. 5.11 TRANSPORTATION .lan • y ouncil 21 — 232 79TETYSis This section analyzes the effects on transportation from implementing the proposed zoning code regulations. Would the project: a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capacity g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks) TZC EIR Conclusions • Operation of the proposed project would result in impacts related to neighborhood traffic in the adjacent residential areas to the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.11-1: Less Than Significant with mitigation) • Long-term cumulative development pursuant to the implementation of the Transit Zoning Code would exceed standards established by the Orange County Transportation Authority within the study area. (Impact 4.11-2: Less Than Significant without mitigation) • Development projects constructed pursuant to the standards contained within the Transit Zoning Code would not result in a change in air traffic patterns. (Impact 4.11-3: Less Than Significant) without mitigation • Development projects constructed pursuant to the Transit Zoning Code would not increase hazards due to a design future or incompatible uses. (Impact 4.11-4: Less Than Significant without mitigation) • Development projects constructed pursuant to the Transit Zoning Code could result in inadequate emergency access. (Impact 4.11-5: Less Than Significant without mitigation) • Long-term cumulative development under the implementation of the Transit Zoning Code would not result in inadequate parking capacity. (Impact 4.11-6: Less Than Significant without mitigation) • The Transit Zoning Code would not conflict with adopted policies, plans, or programs supporting alternative transportation. (Impact 4.11-7: Less Than Significant) • Long-term cumulative development under implementation of the Transit Zoning Code would cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. (Impact 4.11-8: Less Than Significant with mitigation) • Long-term cumulative development under implementation of the Transit Zoning Code would result in impacts related to freeway ramps in the vicinity of the Transit Zoning .lan • y ouncil 21 — 233 r970mysis Code area. (Impact 4.11-9: Less Than Significant with mitigation and Significant and Unavoidable due to a public agency (Caltrans) approval other than the City) TZC EIR Mitigation Measures MM4.11-1 The City of Santa Ana shall, during any roadway improvement within the Transit Zoning Code boundaries, evaluate, consider, and implement as appropriate the traffic calming measure(s), including but not limited to the following: o Curb extensions at local intersections o Short medians at entries to wide streets o Traffic circles at oversized intersections o Speed humps o Turn restrictions (Impact 4.11-1) MM4.11-2 As part of the project, the City of Santa Ana and the project sponsors shall work with the transit providers to implement various transit -related measures to improve and expand bus system service within the Transit Zoning Code (SD 84A and SD 84B) area. These measures may include, but are not limited to, the following: o Adding bus stops to the Transit Zoning Code (SD 84A and SD 84B) area along existing roadways o Changing bus service headways to respond to increased demand o Changing bus service destinations to respond to changing demand o Adding local shuttle service for employees and patrons of the Transit Zoning Code (SD 84A and SD 84B) area o The details of bus service improvements shall be determined in coordination with OCTA. The following recommendations would help encourage public transit patronage for project -related trips: o Bus Stop Locations —Relocation of existing bus stops and the provision of additional bus stops should be considered to accommodate transit users at convenient locations. o Days of Operation —The City should work with OCTA to consider changes to route times to serve nighttime and weekend project visitors and employees. o Headway —The City should work w would be appropriate to reduce them Code (SD 84A and SD 84B) area. MM4.11-3 The City of Santa Ana Public Works Agency shall monitor the traffic signals within the Transit Zoning Code study area once every five years to ensure that traffic signal timing is optimized. (Impact 4.11-8) MM4.11-4 The City of Santa Ana shall institute a program for systematic mitigation of impacts as development proceeds within the Transit Zoning Code to ensure mitigation of the individual improvements. The program shall prescribe the method of participation in the mitigation program by individual projects and guide the timely implementation of the mitigation measures. The program shall include the following elements: A funding and improvement program should be established to identify financial resources adequate to construct all identified mitigation measures in a timely basis. All properties that redevelop within the Transit Zoning Code should participate in the program on a fair share per new development trip basis. The fair share should be based upon the total cost of all identified mitigation measures, divided by the peak hour trip generation increase forecast. .lan • y ouncil 21 — 234 79TETYSis This rate per peak hour trip should be imposed upon the incremental traffic growth for any new development within the Transitioning Code. The program should raise funds from full development of the Transit Zoning Code to fund all identified mitigation measures. The program should monitor phasing development of the Transit Zoning Code and defer or eliminate improvements if the densities permitted in the Transit Zoning Code are not occurring. Program phasing should be monitored through preparation of specific project traffic impact studies for any project that is expected to include more than 100 dwelling units or 100,000 sf of non-residential development. Traffic impact studies should use traffic generation rates that are deemed to be most appropriate for the actual development proposed. Properties within Santa Ana and within one-half mile of the Transit Zoning Code that redevelop to result in higher traffic generation should also participate in the program to insure equity. The City may elect to implement appropriate mitigation measures as a condition of approval of the proposed developments, where appropriate. All or part of the costs of these improvements may be considered to be a negotiated credit toward the program, however the program must be administered in a manner that assures that it can fund necessary improvements to maintain adequate level of service at all intersections within this study. If funding of priority improvements cannot be assured, credit for construction of lower priority improvements may not be assured or may be postponed until more program funds are available. (Impact 4.11-8) MM4.11-5 Main Street at First Street —Install a second northbound and southbound left -turn lanes and a dedicated northbound right -turn lane for 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-6 Lacy Street at Santa Ana Boulevard —Install a traffic signal and provide exclusive left -turn lane for both northbound and southbound directions for both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-7 Lacy Street at First Street —Install a traffic signal for both 2030 and 2035 conditions, a traffic signal, and provide exclusive left -turn lane for both northbound and southbound directions for both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-8 Santiago Street at Washington Avenue —Install a traffic signal and provide one exclusive left -turn lane for both eastbound and westbound traffic for 2035 conditions only. (Impact 4.11-8) MM4.11-9 Santiago Street at Civic Center Drive —Install a traffic signal and provide: one exclusive left -turn lane, one through lane, and one shared through and right -turn lane on northbound and southbound approaches; and one exclusive left -turn lane and one shared through and right lane on eastbound and westbound approaches. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-10 Santiago Street at Santa Ana Drive —Construct a second southbound left -turn lane for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-11 Santiago Street a Fourth Street —Install a traffic signal. The lane configuration for the signal is recommended as 1 Left, 1 Through, 1 Through+ Right for all approaches. (Impact 4.11-8) .lan • y ouncil 21 — 235 79TETYSis MM4.11-12 Standard Street at First Street —Construct third eastbound and westbound shared through -right lanes for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-13 Grand Avenue at Santa Ana Boulevard —Construct a third southbound through lane and eastbound right -turn overlap signal phasing. (Impact 4.11-8) MM4.11-14 Grand Avenue at First Street —Construct a third eastbound shared through/right- turn lane, a third westbound shared through/right-turn lane, and a third northbound through lane with dedicated northbound right -turn lane for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-15 Grand Avenue at 1-5 Northbound Ramps —Construct a second westbound right -turn lane and for the 1-5 northbound off ramp under both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-16 1-5 at Santa Ana Blvd. —Northbound Off -Ramp —The City of Santa Ana Department of Public Works shall coordinate with Caltrans for the installation of a second ramp lane for the 1-5 northbound off ramp. The improvement shall be implemented to mitigate 2035 conditions. (Impact 4.11-9) Project Analysis and Conclusion The City determined that impacts related to exceeding standards from the Orange County Transportation Authority (Impact 4.111-2), change in air traffic patterns (Impact 4.11-3), hazards due to a design future or incompatible uses (Impact 4.11-4), inadequate emergency access (Impact 4.11-5), inadequate parking capacity (Impact 4.11-6), and alternative transportation (Impact 4.11-7) were below the level of significance and did not require mitigation. Impacts related to neighborhood traffic (Impact 4.11-1) and traffic increases to the existing traffic load (Impact 4.11-8) were less than significant with the implementation of mitigation measures. Impacts related to development near freeway ramps (Impacts 4.11-9) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.11-1 through MM4.11-16 would continue to apply. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would provide recharging spaces for electric vehicles. Also, all truck parking areas must be on paved surfaces and the parking, loading or unloading of trucks associated with a business on public streets is prohibited. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. This will result in a beneficial impact to transportation. Therefore, the existing less than significant and significant and unavoidable transportation impacts would not result in new or different impacts. 5.12 UTILITIES AND SERVICE SYSTEMS This section analyzes the effects to utilities and service systems from implementing the proposed zoning code regulations. Would the project: .lan • y ounci1 21 — 236 r970mysis a. Require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? b. Require new or expanded water entitlements and resources if there are not sufficient water supplies available to serve the project from existing entitlements and resources? TZC EIR Conclusions • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would generate an additional demand for water, but would not require water supplies in excess of existing entitlements and resources or result in the need for new or expanded entitlements. (Impact 4.12-1: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not require or result in the construction of new or expanded water treatment facilities, the construction of which could cause significant environmental effects. (Impact 4.12-2: Less Than Significant)without mitigation • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not exceed wastewater treatment requirements of the Orange County Sanitation District. (Impact 4.12-3: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) could require the construction of new or expanded wastewater conveyance systems, the construction of which would not cause significant environmental effects. (Impact 4.12-4: Less Than Significant with mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not increase wastewater generation such that treatment facilities would be inadequate to serve the project's projected demand in addition to the provider's existing commitments. (Impact 4.12-5: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code would not generate solid waste that exceeds the permitted capacity of landfills serving the area. (Impact 4.12-6: Less Than Significant without mitigation) • Long-term cumulative development under the implementation of the Transit Zoning Code (SD 84A and SD 84B) would comply with all applicable federal, state, and local statutes and regulations related to solid waste. (Impact 4.12-7: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would increase the demand for electricity and gas, but would not require or result in the construction of new energy production or transmission facilities, the construction of which could cause a significant environmental impact. (Impact 4.12-8: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.12-1 Individual project applicants shall prepare site -specific sewer evaluations, including flow monitoring and modeling, during the project design to determine the adequacy of the existing sewer pipe capacity in the affected project area lines. The evaluation shall be submitted to the City of Santa Ana or OCSD, as appropriate, for review and approval prior to issuance of building permits. Any recommendations made in the site -specific sewer evaluations shall be incorporated into the design of each individual project. (Impact 4.12-4) Jan • yto' uncil 21 — 237 79TETYSis MM4.12-2 Individual non-residential project applicants are encouraged to apply for Southern California Edison's "Savings By Design" program. The program is aimed at generating an overall reduction in energy use through design methods and incentive programs by maintaining a 15% or greater exceedance of Title 24. (Impact 4.12-8) MM4.12-3 Individual development projects within the boundaries of the Transit Zoning Code (SD 84A and SD 84B) shall implement energy conservation measures (such as energy -efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for electricity and natural gas as part of the project design. The energy conservation measures shall be subject to modification as new technologies are developed, or if current technology becomes obsolete, through replacement and shall be reviewed by the Planning and Building Agency prior to issuance of a building permit. (Impact 4.12-8) MM4.12-4 Individual development projects within the boundaries of the Transit Zoning Code (SD 84A and SD 84B) shall implement energy conservation measures (such as energy -efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for electricity and natural gas as part of the project design. The energy conservation measures shall be subject to modification as new technologies are developed, or if current technology becomes obsolete, through replacement and shall be reviewed by the Planning and Building Agency prior to issuance of a building permit. (Impact 4.12-8) Project Analysis and Conclusion The City determined that impacts related to additional water demand (Impact 4.12-1), expanded water treatment facilities (Impact 4.12-2), exceed wastewater treatment requirements (Impact 4.12-3), increase wastewater generation (Impact 4.12-5), generate solid waste exceeding permitted capacity (Impact 4.12-6), and compliance with applicable federal, state, and local solid waste regulations (Impact 4.12-7) were below the level of significance and did not require mitigation. Impacts related to new or expanded wastewater conveyance systems (Impact 4.12- 4) and an increased demand for electricity and gas (Impact 4.12-8) were less than significant with the implementation of mitigation measures. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.12-1 through MM4.12-4 would continue to apply. The new regulations identified in Table 1 — Current and Proposed Text Regulations would provide any nonconforming business that operates in an unlawful manner, including but not limited to, frequent code violations, police calls, or loitering complaints, or is not in good standing with the City, including, but limited to constant service calls or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including business license revocation or terminating utility services or connections. Also, in addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated which will result in a beneficial impact to utilities and service systems. Therefore, the existing less than significant utilities and service systems impacts would not result in new or different impacts requiring the preparation of a subsequent or supplemental EIR. 5.13 GLOBAL CLIMATE CHANGE This section analyzes the effects to global climate change from implementing the proposed zoning code regulations. Would the project: .lan • y ouncil 21 — 238 79TETYSis a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Generate greenhouse gas emissions, conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gas? TZC EIR Conclusions • Long-term cumulative development pursuant to the Transit Zoning Code at full build -out would result in significant localized air quality impacts for operational level emissions. As a whole, this impact is significant for operational emissions due to the size of the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.13-1: Significant and Unavoidable and no feasible mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code at full build -out has the potential to conflict with AB 32. The Project as a whole is significant for operational emissions due to the size of the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.13-2: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures MM4.13-1 All diesel fueled construction equipment shall be classified EPA Tier II or better emission efficiencies. (Impact 4.3-1) MM4.13-2 All construction equipment shall be shut off when not in use and shall not idle for more than five minutes, unless actively engaged in construction activities. MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely necessitated by grading or construction activities. (Impact 4.3-1) MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely necessitated by grading or construction activities. (Impact 4.3-1) MM4.13-4 All on -road construction trucks and other vehicles greater than 10,000 pounds shall be shut off when not in use and shall not idle for more than 5 minutes. (Impact 4.3-1) MM4.13-5 To the extent feasible, all diesel- and gasoline -powered construction equipment shall be replaced with equivalent electric equipment. MM4.13-6 Project plans and specifications shall include policies and procedures for the reuse and recycling of construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). (Impact 4.3-1) MM4.13-7 Project plans and specifications shall include education for construction workers about reducing waste and using available recycling services. (Impact 4.3-1) MM4.13-8 Prior to issuance of a building permit, the applicant shall demonstrate that the design of the proposed buildings or structures meets or exceeds the most recent Title 24 requirements (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings; Cool Roof Coatings performance standards), subject to review by the City Building Official. Documentation of compliance with this measure shall be provided to the Planning and Building Agency and Building Official for review and approval prior to issuance of the permit. Installation of the identified design features or .lan • y ouncil 21 — 239 79TETYSis equipment will be confirmed by the City Building Official prior to certificate of occupancy. The following design features should be considered by the applicant as a way to achieve Title 24 compliance in excess of the minimum requirement: o Increase in insulation such that heat transfer and thermal bridging is minimized o Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption o Incorporate dual -paned or other energy efficient windows o Incorporate energy efficient space heating and cooling equipment o Incorporate energy efficient light fixtures o Incorporate energy efficient appliances o Incorporate energy efficient domestic hot water systems o Incorporate solar panels into the electrical system o Incorporate cool roofs/light-colored roofing Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended September 11, 2008; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent. (Impact 4.3-1) MM4.13-9 Prior to issuance of a building permit, applicants for individual projects shall provide a landscape plan that includes shade trees around main buildings, particularly along southern elevations where practical, and will not interfere with loading dock locations or other operational constraints. Documentation of compliance with this measure shall be provided to the Planning and Building Agency for review and approval. (Impact 4.3-1) MM4.13-10 All showerheads, lavatory faucets, and sink faucets within the residential units, and where feasible within non-residential developments, shall comply with the California Energy Conservation flow rate standards. (Impact 4.3-1) MM4.13-11 Low -flush toilets shall be installed within all Congregate Care units as specified in California State Health and Safety Code Section 17921.3. MM4.13-12 Project designers should consider design features to incorporate light-colored roofing materials that will deflect heat away from the building and conserve energy. (Impact 4.3- 1) MM4.13-13 Landscape designers shall ensure that landscaping of common areas for Industrial/Commercial projects uses drought -tolerant and smog -tolerant trees, shrubs, and groundcover to ensure long-term viability and conserve water and energy. (Impact 4.3-1) MM4.13-14 Landscape designers shall ensure that the landscape plan for Industrial/Commercial projects includes drought resistant trees, shrubs, and groundcover within the parking lot and perimeter. (Impact 4.3-1) MM4.13-15 Individual project applicants shall ensure that designs for Industrial/Commercial projects include all illumination elements to have controls to allow selective use as an energy conservation measure. (Impact 4.3-1) MM4.13-16 The applicant for Industrial/Commercial projects should promote ride sharing programs such as, but not necessarily including, publishing ride sharing information for all of .lan • y ouncil 21 — 240 79TETYSis the tenants, designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a website or message board for coordinating rides. Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience pursuant to SAMC Chapter 41 regarding bicycle parking standards and Chapter 16 of the Santa Ana Citywide Design Guidelines regarding Bikeway Support Facilities Guidelines. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.3-1) MM4.13-17 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that all Multi-family/Industrial/Commercial projects' interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the Building Official. (Impact 4.3-1) MM4.13-18 Applicants for Multi-family/Industrial/Commercial projects shall consider providing preferential parking spaces for ultra -low emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra -low emission vehicles. (Impact 4.3-1) MM4.13-19 Prior to issuance of a building permit, the applicant shall demonstrate that the proposed Multi -family/ Industrial/Commercial uses building or structure designs incorporate exterior storage areas for recyclables and green waste and adequate recycling containers located in public/common areas pursuant to the adopted standards. Documentation of compliance with this measure shall be provided to the Planning and Building Agency for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.3-1) MM4.13-20 All common area irrigation areas for Multi-family/Industrial/Commercial projects shall consider systems that are capable of being operated by a computerized irrigation system which includes an onsite weather station/ET gage capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system shall also consider the ability to be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. (Impact 4.3-1) MM4.13-21 Consideration of installation of solar roofs on homes and businesses to offset the increasing demand for energy and natural gas. (Impact 4.3-1) MM4.13-22 Project applicants shall, where feasible, incorporate passive solar design features into the buildings, which may include roof overhangs or canopies that block summer shade, but that allow winter sun, from penetrating south facing windows. (Impact 4.3-1) MM4.13-23 Use Energy Efficient Roofing Materials. All roofing materials used in commercial/retail buildings at the Mixed -Use Retail Development shall be Energy Star® certified. All roof products shall also be certified to meet American Society for Testing and Materials (ASTM) high emissivity requirements. (Impact 4.3-1) MM4.13-24 All commercial/industrial projects shall, where feasible, include up to 10% renewable energy sources within the project. (Impact 4.3-1) Jan • yto' uncil 21 — 241 79TETYSis MM4.13-1 through MM4.13-24 would also apply to this impact. (Impact 4.3-2) Project Analysis and Conclusion The City determined that long-term development related to localized air quality impacts from operational emissions (Impact 4.13-1) and operational emissions due to the size of the TZC area with the potential to conflict with AB 32 (Impact 4.13-2) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project Mitigation measures MM 4.13-1 through MM4.13.24 would continue to apply. The new regulations in Table 1 — Current and Proposed Text Regulations would provide that no land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere and that uses, activities, and processes shall not operate in a manner that emits dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. This will result in a beneficial impact to climate change/greenhouse gas emissions. Therefore, the existing significant and unavoidable global climate change impacts would not result in new or different impacts requiring the preparation of a subsequent or supplemental EIR. 5.14 MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? c. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? As detailed herein, on the basis of substantial evidence in the light of the whole record, a Subsequent or Supplemental EIR is not appropriate for the project because none of the criteria permitting such a document under State CEQA Guidelines section 15162 are met. Project implementation does not include nor require implementation of specific development projects. The majority of the City is urbanized, with residential and nonresidential development, and mobility and public facilities all contributing to Santa Ana's existing built environment. The proposed text amendments to SAMC Sections 41-2001, 41-2001.5, 41-2002, 41-2004, 41- 2005, 41-2006, 41-2008, 41-2009, and 41-2008 would merely update to clarify that the Jan • yto' uncil 21 — 242 79TETysis regulations apply to existing uses, further limit some rehabilitation of existing buildings and structures, clarify the effects of amendments to the TZC, further limit certain existing operations to ensure greater compatibility between residential and non-residential land uses, and to establish regulations for operation of any existing, legally established, nonconforming industrial uses. Section 41-2001.5 is updated to encompass new SAMC Section 21-2009, which establishes regulations for operation of any existing, legally established, nonconforming industrial use. Section 41-2004 deletes the Overlay I-OZ zone from the text and map. Implementation of these SAMC amendments would not require implementation of any specific developments or direct physical changes to the environment, and therefore would not be in conflict with the GPU and no intensification of land uses would result. The City of Santa Ana, which includes the TZC area, is not within a NCCP/HCP area, and therefore would not conflict with an adopted NCCP/HCP plan. No direct or indirect substantial adverse effects on human beings would occur. 5.15 CONCLUSION This project proposes amendments to the Transit Zoning Code (SD-84) by way of ZOA No. 2024-02 and AA No. 2024-03. These proposed amendments would modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. Refer to Section 3.0 — Description of the Proposed Project. This project would not result in new or more severe environmental impacts than previously addressed in the TZC FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts have been identified because the project basically limits industrial uses and would not lead to the expansion or intensification of new, expanded or more intensive uses. Therefore, there will be no new or more severe impacts as the result of the implementation of this project, beyond the impacts that have already been analyzed in the TZC FEIR. In taking action on any of the approvals, the decision -making body of the lead agency must consider the whole of the data presented in the TZC FEIR. As outlined in this Addendum analysis, all impacts of the project were fully examined in the TZC FEIR, and the proposed changes do not require substantial changes to the prior -certified EIR or previously adopted mitigation measures. Therefore, the preparation of an Addendum to the existing certified EIR is the appropriate CEQA document to support the City's consideration of the project, as outlined in CEQA Guidelines Sections 15162 and 15164. .lan • y ouncil 21 — 243 r970mysis ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 2024-02, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES II:iEel IW944101110Eel ito] aI:I: tyIWKS]"M011r_T_1n_I:i21V21-2 01VI00u6y_V1101111•1►TiW"I Section 1. The City Council has, by separate action taken on March 18, 2025, adopted an Addendum to the Transit Zoning Code Environmental Impact Report ("EIR") (State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City Council ("Addendum"). The Addendum analyzed the environmental impacts of the actions taken in this Ordinance. Adopting the Addendum satisfied the City Council's obligations under the California Environmental Quality Act ("CEQA") regarding amendments to the Transit Zoning Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines 15162 apply. Thus, no further environmental review is required as adoption of this Ordinance falls within the scope of the adopted Addendum and previously certified EIR. Section 2. The City Council of the City of Santa Ana hereby adopts the findings contained in the attached Exhibit "A" to this Ordinance as if fully set forth herein. Section 3. Section 41-2001 (Application of Article) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2001. Application of Article (a) The Transit Zoning Code, as authorized by Chapter 41, Article 111, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code (SAMC), is subject to the standards and regulations contained in this Article for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this Article. All terms contained herein shall be defined by the SAMC, unless specifically defined in this Article. City Council 21 — 244 5/6/ 0 Ordinance o. -XXX Page 1 of 49 (b) Proposed development, including the construction, reconstruction or structural alteration of a structure, subdivisions, and new and existing land uses, whether conforming or nonconforming, as defined in Section 41-126 of the SAMC, within the specific development area shall comply with all the applicable regulations established by this Article article. (c) The regulations contained in this Article shall also apply to: 1. A change in land use within an existing building; and 2. A change in tenancy within an existing building requiring issuance of a new Certificate of Occupancy." Section 4. Section 41-2001.5 (Organization) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2001.5 Organization (a) Regulating Plan and Zones Established: Sections 41-2006 through 2008 2009 of this Article defines the zones within the Specific Development (SD) boundaries of SD-84, the parcels included within each zone, and describes, zone by zone, the standards for building placement, design, and use consistent with the permitted uses identified in Table 2A. (b) Use Standards: Table 2A identifies the land use types allowed by the City in each of the zones established by the Regulating Plan. A parcel within +� c�;c Deyelepmen+ (SD-843 boundaries shall be occupied only by land uses identified as allowed within the applicable zone and the type of City approval required by Table 2A. (c) Urban Standards by Zone: Sections 41-2010 through 2015 of this Article regulates the features of buildings that affect the public realm. The urban standards regulate building and parking placement, height, and profile, and vary according to the parcel's zone applied by the Regulating Plan. Standards for items not explicitly described in this section, including but not limited to, walls and fences, mechanical equipment, trash bin enclosures, heliport and helipad, underground utility, installation of dish antennas, loading areas, parking lot design standards, refer to other Sections of Chapter 41 of the SaRta ARa MURiGipal Cede SAMC and the Citywide Design Guidelines. (d) Architectural Standards: Sections 41-2020 through 2039 regulates the manner in which individual parcels and blocks are developed to create diverse and pedestrian -oriented development, through the use of three main components: (1) Sections 41-2020 through 2032 building types (e.g., duplex, rowhouse, courtyard housing) City Council 21 — 245 Ordinance5/�v0.3-xxx Page 2 of 49 (2) Sections 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop, arcade, shopfront) (3) Section 41-2040 (Table 4.3A) architectural styles (e.g., Main Street Commercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, California Contemporary). (e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries to be consistent with the character described for each zone. (f) Subdivision Guidelines: Establishes guidelines for the creation and maintenance of a finely grained and walkable network of blocks punctuated by integral and varied open spaces. (g) Street Network Concepts: identifies conceptual location and guidelines for the street network. This section provides guidelines for the rights -of -way alignment, and width in plan and section with the corresponding details. (h) Definitions: Sections 41-2080 identifies and defines the terms used in this Code." Section 5. Section 41-2002 (Nonconforming Buildings, Structures and Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2002. Nonconforming Buildings, Structures and Uses (a) A nonconforming building, structure or use shall comply with Article VI of this Chapter, except as provided below modified as follows: (1) A building or structure that does not conform to the architectural style or story height requirements at the t;mo of the adeptk�R of this Article shall not cause the structure to be non -conforming. (2) A nonconforming building, structure or use shall not be required to conform to current zoning regulations based solely upon a change in ownership of the property, except as otherwise provided in this Article. (3) A sale, lease or other transfer of a property containing a nonconforming building, structure or use does not trigger the loss of nonconforming status, except as otherwise provided in this Article. (24)Sections 41-681.1 through 41-681.4 and 41-683.6 of Article VI of this Chapter shall not apply to this buildings, structures and uses addressed within this Article or building, structures, and uses within SD-84, nor to existing accessory dwelling units (ADUs) permitted by the City of Santa Ana before the amendment to this Article. City Council 21 — 246 5/6/ 0 Ordinance o. -XXX Page 3 of 49 (35)Rehabilitation, enlargement or exterie structural alterations of any nonconforming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be rehahili+at made as follows: a. Rehabilitation, limited to structural or non-structural alterations without any building expansion and without any intensification of a nonconforming use, is permitted if: 1. The operational standards contained in sections 41-2008 and 41-2009 as applicable, of this Article are met. 4 2. All signage on the structure and the site on which it is located is brought into conformity with the signage requirements of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee. 3. All outdoor storage is screened by a solid screen wall not to exceed eight k8) feet in height. Outdoor storage shall not exceed the height of the screen wall. 3 4. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street parking and open space requirements of this Chapter. 4. 5. Architectural massing, features and detailing shall be modified to bring the structure into closer compliance with the architectural standards of this Article Bede, as approved .Deemed appFepriate by the Executive Director of the Planning and Building Agency, or #f e# designee. b. Rehabilitation may include expansion of floor area without intensification of the nonconforming use when the total floor area of all T aRfil. - Y _0� rcried does not exceed ten (10) percent of the floor area as it legally existed as permitted and constructed as of April 15, 2025 at the begi„ring .,f the fi„J-1 t lwd provided that the following standards ^nTare met: 1. The existing use is not a nonconforming industrial use. Nonconforming industrial uses may not be exaanded. 2. The operational standards contained in Section 41-2008 are met. 4 3. All signage on the structure and the site on which it is located shall be brought into conformity with the requirements of this Ghapte Chapter as approved by the Executive Director of the Planning and Building Agency, or designee. City Council 21 - 247 orain5n6e�v0.3-xxx Page 4 of 49 4. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am. 5. All outdoor storage is screened by a solid screen wall not to exceed eight �8) feet in height. Outdoor storage shall not exceed the height of the screen wall. 4. 6. There shall be no enlargement which would intrude into any required setback area required by this Article. 7. There shall be no enlargement which would result in a new nonconforming condition in violation of the requirements of this Chapter. 6 8. Off-street parking shall be provided in conformance with the requirements of this Chapter. 9. Landscaping shall be improved to bring the site on which the structure is located into closer compliance with the landscaping requirements of this Chapter, as approved deemed appropriate by the Executive Director of the Planning and Building Agency, or their designee. 8. 10. Architectural massing, features and detailing, shall be modified to bring the structure into closer compliance with the architectural standards of this Chapter, as approved deemed appropriate by the Executive Director of the Planning and Building Agency, or the# designee. (46)Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject to the following: a. Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of that five-year period, provided the number of dwelling units is not increased; and no new non -conformances with the requirements of this cede Chapter are created. b. Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met: 1. Off-street parking shall be provided in conformance with the requirements of this Chapter. 2. No new nonconformities with the requirements of this Chapter are created. City Council 21 — 248 Ordinance5/�v0.3-xxx Page 5 of 49 3. A minimum of eight hundred (800) square feet of usable, continuous, non -front yard open -space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. c. Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback and is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter. d. An existing two -car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered con=forming. e. Remodeling shall mean to reconstruct, or to make over in structure or style, but shall exclude re -roof, window replacement, exterior finish replacement and repair or similar modifications, as determined by the Executive Director of the Planning and Building Agency, or designee. f. No provision contained in this Article shall be interpreted or implemented in a manner inconsistent with State law addressing accessory dwelling units, as contained in Government Code Section 66310. et. sea..- as amended from time to time. Discontinuance of Nonconforming Uses, Generally. Nonconforming uses shall be discontinued pursuant to Sec. 41-683 (Discontinuance of nonconforming building or use) of this Chapter, regardless of intent, except as provided below: a. Discontinuance of Noxious Use. 1. If a nonconforming industrial use that meets the definition of a Noxious Uses as defined in this Article requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this Article_ 2. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article is in violation of any applicable Federal, State, or local regulation, as provided below, legal nonconforming status shall be lost and anv subseauent use of the buildina shall conform in every respect to the provisions of this Chapter: A. The violation lasts a period of thirtv (30) consecutive days: or B. The violation(s) are observed and documented for a total period of sixty (60) days in a one-year period; or City Council 21 — 249 5/6/ 0 Ordinance o. -XXX Page 6 of 49 C. Three noncompliant notices from a Federal, State, or local regulatory agency relating to or arising from the nonconforming use are sent in a one-year period. 3. For the purpose of this subsection 5(a)(2): A. The thirty (30) consecutive day time period shall be measured from the date of the first observed and documented violation. B. A one-year period shall be the twelve (12) consecutive months of time preceding the sixtieth (601") day of total violations; or the twelve (12) consecutive months of time preceding the issuance of the third (3rd) noncompliant notice. C. Local regulations mean the SAMC, including, but not limited to, the operational standards contained in Section 41-2009 of this ArtirrlP D. A local regulatory agency includes the City, County of Orange, special districts, or any other local government agency charged with regulating noxious uses. E. Noncompliant notices may include, but are not limited to, Notice to Comply and Notice of Violation as issued by the South Coast Air Quality Management District (SCAQMD), Department of Toxic Substances Control (DTSC), California Environmental Protection Agency (CalEPA), Certified Unified Program Agency (CUPA), and Santa Ana Regional Water Quality Control Board (SARWQB). Elimination of Nonconforming Uses and Structures. a. Elimination of Nonconformina Uses and Structures. General 1. The City Council has determined that elimination of nonconforming uses and structures by amortization may be considered based upon one or more of the following factors: A. The threat to the public health, safety, and welfare posed by the continuance of the nonconformina use or structure: B. Adaptability of the land and improvements to a currently permitted use; C. Compatibility with the existing land use patterns and densities of the surroundina neiahborhood: City Council 21 — 250 5/6/ 0 Ordinance o. -XXX Page 7 of 49 D. Excessive calls for service to applicable response agencies related to the operation of the nonconformina use: and E. Failures to remedy notices of violation, administrative warnings, or other notices of noncompliance issued by a Federal, State, or local agency, including the City. 2. The Executive Director of the Planning and Building Agency, or designee, in conjunction with other City Departments and Agencies, may establish, and periodically update, a list or data resource that identifies categories of nonconforming uses or structures with specific metrics and operational characteristics, to develop a ranking system for use in the consideration of eliminating nonconforming uses or structures through amortization. 3. The determination of an appropriate amortization period for termination of a nonconforming use pursuant to this Article shall be made by a Hearing Officer retained by the City and who has professional legal and land use experience to address amortization. The Hearing Officer shall order nonconforming uses and structures to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection b (Establishment of Amortization Periods), and consider the following: A. If the nonconforming user has not made a substantial investment in furtherance of the use or structure, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require a nonconforming use or structure to be discontinued and removed from their site within a minimum of one year after the date of the order. B. If the nonconforming user has made a substantial investment in furtherance of the use or structure, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the discontinuation and removal of the nonconforming use or structure within a longer reasonable amount of times C. Nonconforming uses or structures that are determined to be an imminent threat to the public health or safety may be subject to immediate cessation and removal, pursuant to Chapter 1 (General Provisions) of the SAMC. 4. Nonconforming uses and structures may also, upon order from the City or a court order, be subject to immediate cessation and removal of the nonconforming use or structure. b. Establishment of Amortization Periods. Where a period during which a nonconforming use or structure is to be discontinued and removed from a City Council 21 — 251 5/6/ 0 Ordinance o. -XXX Page 8 of 49 site or sites is required pursuant to this Article, such period shall be established as follows: 1. The Executive Director of the Planning and Building Agency, or designee, shall submit the nonconforming use or structure and a recommended amortization period, based on subsection 4. herein, to a Hearina Officer pursuant to Chanter 3 of the SAMC for review: 2. The Hearing Officer shall hold a noticed hearing to consider the recommended amortization period. Notice of the hearing shall be provided to the owner or operator of the nonconforming use or structure and the property owner at least ten (10) days prior to the hearing. Additional notice may also be provided to surrounding property owners and/or tenants, at the discretion of the Executive Director of the Planning and Building Agency, or designee. 3. The Hearing Officer shall consider the recommendations submitted by the Executive Director of the Planning and Building Agency, the General Plan of the City, and any testimony or evidence provided during the hearina. in order to determine the amortization schedule for elimination of the nonconforming use or structure. 4. The Hearina Officer shall establish a maximum amortization Deriod during which the nonconforming use or structure shall be permitted to continue after considering the following in relation to the use or structure: A. The amount of investment or original cost of the use or structure; B. The present actual or depreciated value of the use or structure; C. The remainina useful life of the use or structure: D. The remaining term of the lease (if applicable); E. The date or dates of construction; F. Amortization of the business or structure for tax purposes; G. The salvaae value: H. Adaptability of the land and improvements to a currently permitted use; I. Cost of moving and reestablishing the use elsewhere; J. Compatibility with the existing land use patterns and densities of the surroundina neiahborhood: City Council 21 — 252 Ordinance5/�v0.3-xxx Page 9 of 49 K. The threat to the public health, safety, and welfare posed by the continuance of the nonconformina use or structure: L. Calls for service to applicable response agencies; M. Notices of violation, administrative warnings, or other notices of noncompliance arising from or related to the nonconforming use issued by a Federal, State, or local agency, including the City; and N. Other factors as appropriate. c. Hearing Officer Determination and Compliance. The determination of the Hearing Officer shall be made in writing and shall be final. Notice of Amortization and Termination of Use. The Executive Director of the Planning and Building Agency, or designee, shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Article, in those instances where an amortization period has been determined pursuant to this Article. Such notice shall be sent within ten (10) days of the termination of any appeal period. If the amortization period ends before or less than six (6) months after providing such notice, the notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof and the approved amortization term. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article. The Executive Director of the Planning and Building Agency, or designee, shall be authorized record a Notice of Amortization Term & Termination of Use with the County Recorder, as provided for in California Government Code Section 27201(a). 2. Notice of Termination and Order to Comaly and Conclusion of Amortization Period. Notice of Termination of a nonconforming use and order to comply shall be served by the Executive Director of the Planning and Building Agency, or designee, at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances, where the Executive Director of the Planning and Building Agency, or designee, is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconformina use. City Council 21 — 253 5/6/ 0 Ordinance o. -XXX Page 10 of 49 3. Reauest for a Continuance of Nonconformities Bevond Period of Amortization Period. A request for a continuance of nonconformities beyond the period of amortization may be granted as follows: a. Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Executive Director of the Planning and Building Agency, or designee, makes the following determinations: i. Special Circumstances. That special circumstances apply to any such use or structure that do not apply generally to others affected hereby; and ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with. and not detrimental to, the use of adjacent properties. b. Application Process for Continuance. Any application for a continuance of a nonconforming use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be reauired in accordance with this Code. c. Determination by Executive Director of the Plannina and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, or designee, shall investigate the matter, give proper notice to the applicant, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Executive Director of the Planning and Building Agency, or designee. The Executive Director of the Planning and Building Agency, or designee, may impose such conditions, including additional time extensions not to exceed two (2) additional vears, as may City Council 21 — 254 5/6/ 0 Ordinance o. -XXX Page 11 of 49 be deemed necessary for the compatibility of such nonconformitv with adiacent Droaerties. d. Appeals. Appeals shall be filed in accordance with Chapter 3 of the Santa Ana Municipal Code. 4. Failure to Comply with Hearing Officer's Determination. Failure to comply with the Hearing Officer's determination to discontinue a nonconforming use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC. 5. Failure to Terminate Use at Conclusion of Amortization Period. The failure to terminate a nonconforming use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law. d. Additional Administrative Policies and Procedures. The Executive Director of the Planning and Building Agency, or designee, may enact and shall Publish any additional administrative policies and procedures to effectuate the purposes of this Chapter, including, but not limited to, administrative policies and procedures to govern the selection of a neutral hearing officer and the conduct of hearings for the Establishment of Amortization Periods in order to implement the provisions of this Article. (7) Abatement. The provisions of this Section are in addition to authority existin under State law to declare and abate a public nuisance pursuant to California law and other applicable provisions of the SAMC. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate and alternative action may be taken by the City pursuant to Chapter 1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this Chapter). (8) Exception. The provisions of this section shall not apply to multifamily dwellings damaged or destroyed by fire in accordance with Government Code Section 65852.2. (9) Voluntary Compliance Agreement. The Executive Director of the Planning and Building Agency, or designee, is hereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to establish terms for compliance with the provisions of this Article." Section 6. Section 41-2004 (The Industrial Overlay I-OZ) Zone) of Chapter 41 of the SAMC is hereby amended to read as follows: City Council 21 — 255 5/6/ 0 Ordinance o. -XXX Page 12 of 49 "Sec. 41-2004 Reserved. The lRd striol Overlay (I_OZ) Zee pi- FIFL* . N ■ Section 7. Section 41-2005 (Application for Discretionary Approvals) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2005. Application for Discretionary Approvals (a) Site Plan Review shall mean specific development plan and shall comply with Sections 41-593.4 through 41-593.6. Sections 41-593.4 through 41-593.6 shall only apply to structures over four (4) stories in height. (b) Conditional use permits, variances and minor exceptions. Conditional use permits, variances and minor exceptions shall be subject to Article V of this Chapter, except for the permit thresholds for minor exceptions shall be as identified in Table 1 B of this Article. (c) Effect of amendments to this Article on applications in progress shall apply as follows: Ljj Discretionary Applications Submitted and Determined Complete. All discretionary permit applications that are active and that have been determined to be complete before the effective date of the Article or any amendment, shall be processed in compliance with the requirements in effect when the application was deemed complete, and pursuant to all reauirements of Sections 41-2008 and 41-2009. Approved Projects Not Yet Under Construction. Any structure authorized by a discretionary permit or approval of a land use as allowed by this Article for which a Building Permit application has been submitted or a Building Permit City Council 21 — 256 5/6/ 0 Ordinance o. -XXX Page 13 of 49 has been issued may be constructed in compliance with the permit or approval, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension. QJ Project Under Construction. A project for which a Building Permit has been issued may be continued and completed in compliance with the plans and specifications upon which the permit was issued." Section 8. Section 41-2006 (Zones Established) of Chapter 41 of the Santa Ana Municipal Code is hereby amended, including the replacement of Figure 2.1, to read as follows: "Sec. 41-2006. Zones Established (a) Purpose. This section establishes the zones applied to property within the plan area by the Regulating Plan. The Regulating Plan divides the plan area into separate zones that are based on a transect of intensity within the plan area that ranges from the most urban types of development and land use to the least urban types, with most zones providing for a significant mixture of land uses within them. This approach differs from conventional zoning maps that typically divide cities into zones that rigidly segregate residential, commercial, industrial, and institutional uses into separate areas, and thereby require residents to drive for nearly all daily activities. The use of zones based on development intensity (instead of land use zones) as the spatial basis for regulating development, directly reflects the functions of, and interrelationships between, each part of the plan area. The zones also effectively implement the City's urban design objectives for each part of the plan area, to establish and maintain attractive distinctions between each zone. This is why some parcels are zoned with more than one zone. In such cases, the zoning is divided along a clear boundary such as the middle of a block. The zones of this Regulating Plan allocate architectural types, frontage types, and land uses within the plan area, as well as providing detailed standards for building placement, height and profile. The diagram +n the rink+ Figure 2.1 identifies the eight 8 9 zones applied within the plan area as they relate to existing rights -of - way and parcels. (b) Zones established. The following zones are applicable to this specific plan, and applied to property within the boundary as shown on the Regulating Plan. (1) Transit Village (TV) Zone. The Transit Village zone is intended to provide standards for compact transit - supportive mixed-use/residential development. This zone is characterized by a wide range of building intensity, including mixed -use tower -on -podium buildings, flex blocks, liners, stacked flats, and courtyard housing. The zone accommodates retail, restaurant, entertainment, and other pedestrian -oriented uses at street level, with offices and flats above in the mixed -use building types, at high intensities and densities. The landscape palette is urban, with shading City Council 21 — 257 Ordinance5/�v0.3-xxx Page 14 of 49 and accent street trees in parkway strips along Santa Ana Boulevard, and in sidewalk tree wells where on -street parking is provided. Parking is accommodated on -street, in structures with liner buildings, and underground. (2) Government Center (GC) Zone. This area accommodates a wide variety of civic uses, including Federal, State, and local government offices and services, libraries, museums, community centers, and other civic assembly facilities and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. Building types vary according to their public purpose, are programmed by the various government agencies for their specific sites, and therefore are not coded by this Article tkxFa„ ;'t ZGRiRg Code (SD84A and Crl94B . The landscape style is urban, emphasizing shading street trees in sidewalk tree wells, and in landscaped public plazas. (3) Downtown (DT) Zone. This zone is applied to the historical shopping district of Santa Ana, a vital, pedestrian -oriented area that is defined by multi -story urban building types (flex blocks, live -work, stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light service, and residential uses. The standards of this zone are intended to reinforce the form and character represented by pre -World War II buildings and recognized as a National Historic District, through restoration, rehabilitation, and context - sensitive infill. The standards also facilitate the replacement or improvement of post-war development that eliminated the pedestrian orientation of various downtown blocks (for example, parking structures with no features of pedestrian interest along their entire lengths). The landscape style is urban, emphasizing shading and accent street trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings, underground, and within block centers in surface lots not visible from streets. (4) Urban Center (UC) Zone. This zone is applied to the area surrounding the Downtown, which serves as a transitional area to the surrounding lower intensity neighborhoods and to other areas where mixed -use and multi -unit residential buildings create a pedestrian - oriented urban fabric. The zone provides for a variety of non-residential uses and a mix of housing types at medium intensities and densities. Besides accommodating community serving businesses, this zone may also serve the daily convenience shopping and service needs of nearby residents. Building types include mixed -use Flex Blocks, stacked flats, live -work, row- houses, and courtyard housing. The landscape is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings and underground in areas adjacent to the DT zone, and in surface lots away from street frontages. (5) Corridor (CDR) Zone. This zone is applied to properties fronting existing commercial corridors and provides standards to improve pedestrian -orientation in a transit -supportive, mixed -use area. Mixed -use flex block and live -work building types are at or City Council 21 — 258 Ordinance5/�v0.3-xxx Page 15 of 49 near the sidewalk, and accommodate street level retail, service, and office uses, with office and residential above. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on -street, and in screened surface lots between buildings, or away from streets, with no more than half the site frontage occupied by parking. (6) Urban Neighborhood 2 (UN-2) Zone. This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood - serving retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and live - work. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties (see Regulating Plan). The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow- depth landscaped front yards separating buildings from sidewalks. Parking is on - street, and in garages located away from street frontages. (7) Urban Neighborhood 1 (UN-1) Zone. This zone is applied to existing primarily residential areas and is intended to strengthen and stabilize the low intensity nature of these neighborhoods. Appropriate building types include single dwellings, duplexes, triplexes, and quadplexes, and live -work. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips and landscaped front yards separating buildings from sidewalks. Parking is on -street, and in garages located away from street frontages. 01 . IIL -A . (8) {- Open Space (0) Zone. This zone identifies areas reserved for community parks and other open spaces and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. Allowable structures in this zone are limited to those necessary to support the specific purposes of the particular open space area (e.g., sport -court enclosures and multi -purpose buildings in active parks, and trails within passive parks)." City Council 21 — 259 5/6/ 0 Ordinance o. -XXX Page 16 of 49 City Council 21 — 260 ordi 5/6e�0ano.3A xxx Page 17 of 49 Figure 2.1 Regulating Plan with Existing R.O.W. -�f� N. 0 275 550 1.100 1.650 2,200 ^^.. ��` 1111111111�--IIILLJJ..W__IIIIIJJJIII s w E b�1 - w - —L .. / ' , '` ✓ Sys^ 3 T� TLF �e �-� Z j _aF�aHIALI i =ems I iTTT--' ��l I T—T1T1" �w..mo,.,mn �u� �Haon�oman,uHa ° rPvi� Transit Zoning Code SD-84 Proposed Zoning Designations Section 9. Section 41-2007 (Uses Permitted) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2007. Uses Permitted. (a) Allowable Land Use Types. A parcel or building within the SpeGifin Development SD-84 area shall be occupied by only the land uses allowed by the table entitled Use Standards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan. b) No buildina shall be erected. constructed. reconstructed or structurally altered except in conformance with the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in this Article. not exDressly Dermitted in anv district enumerated in Table 2A. are prohibited. {-b-) Lc) Garage sales are allowed in compliance with Section 41-193. {0 Ld) Temporary outdoor activities are allowed in compliance with Section 41-195.5. 04 Le) Youth amusement rides are permitted in compliance with Section 41-366 for C1 districts. City Council 21 — 261 5/6/ 0 Ordinance o. -XXX Page 18 of 49 (e) � Drive -through facilities shall not be permitted. The conversion of existina structures containina residential land uses to non- residential land uses is prohibited in the UN-1 and UN-2 zones. Table 2A — Use Standards Land Use Type Permit Required by Zone UC CDR UN-2 UN-1 RESIDENTIAL Live -Work Use / Joint living -working quarters P (2) P (2) P (2) P (2) CUP I CUP Care Homes CUP CUP CUP CUP CUP CUP Single Dwelling --- --- --- --- P P Multi -Family Dwellings P (1) P (1) P (1) P (1) P P Table 2A — Use Standards Land Use ECREATION, EDUCATION AND ASSEMBLY ommunity assembly ealth/fitness facility brary, museum chools tudio [ter, cinema or performing arts mercial Recreation (Indoor) up to 5,00 Permit Required by Zone DT UC CDR UN-2 UN-1 P (1) P (1) P (1) 1 P CUP I CUP P P P P CUP --- P P P P P CUP P (1) P (1) P (1) P CUP CUP P P P P CUP CUP all) P 1 P 1 P 1 CUP_ P I P I P P CUP --- mercial Recreation (Indoor) > 5.0001 CUP I CUP I CUP I --- I CUP I --- able 2A — Use Standards Land Use Type Permit Required by Zone TV DT I UC I CDR I UN-21 UNA RETAIL eneral retail, except with any of the followi atures Floor area over 20,000 per tenant CUP I CUP I P I--- I CUP City Council 21 — 262 5/6/ 0 Ordinance o. -XXX Page 19 of 49 able 2A — Use Standards Land Use Type san/craft product — limited on -site duction ing establishments able 2A — Use Standards Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UNA cup. CUP CUP --- CUP I --- P P P I P I P (2) --- P I P Permit Required by Zone TV DT UC CDR UN-2 UN-1 SERVICE GENERAL Banquet facility/catering-sub. to 41.199.1(a)l CUP I CUP I CUP I CUP I CUP through (d) Ghild day Daycare center Adult day care center -subject to 41.199.2 of the SAMC Hotel, excludes transient residential hotel and long-term stay Personal services I 1 (1) P (3) P (3) P P CUP CUP P (3) P (3) P P P --- P P P P --- --- P P P P P P (2) P (2) Personal services - restricted --- --- CUP CUP CUP --- Pet day care facility CUP CUP CUP CUP CUP --- Tattoo/Body Art Establishments - subject to P 41.199.3 of the SAMC Craft and saecialized automotive restoration --- P P P --- --- I P I P I P I CUP I --- service 'Table 2A — Use Standards Land Use Type Permit Required by Zone TV DT I UC I CDR I UN-21 UN-1 SERVICES -BUSINESS -FINANCIAL -PROFESSIONAL -TECHNOLOGY Bank, financial services P P P P --- --- Business support service P P P P P (2) P (2) City Council 21 — 263 5/6/ 0 Ordinance o. -XXX Page 20 of 49 Table 2A — Use Standards Land Use Type inic, urgent care )ctor, dentist, chiropractor, etc., office Media production — office or storefront type soundstage) Professional / administrative/service office Permit Required by Zone LDT UC CDR UN-2 UN-1 --- --- CUP P --- --- P (1) P (1) P (1) P --- --- GUR --- 1) �) P CUP P P I P 1 P P(1) P(1) 1 P(1) 1 P I P(2) P(2) P3) P (3)CUP I _ I M 1.4 M WY, k� 0 9 W1 Now L' 11 U-1 It — I L j---- I I I � I I_MUMM EEE= &h4ap CIIf ManufaGturing - light MMMOMM Table 2A — Use Standards Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UN-1 TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE Helistops CUP CUP --- --- --- --- � I City Council 21 — 264 Ordina/6c/� .' R-XXX Page 21 of 49 Table 2A — Use Standards Land Use Type TV JParking facility - public or commercial, inclusive P icles Permit Required by Zone DT UC CDR UN-2 UNA P P P --- I --- Transit station or terminal CUP I --- --- CUP --- I --- Public utility structure, excluding wireless --- --- --- --- CUP --- communication facilities Table 2A — Use Standards Land Use Type Permit Required by Zone TV DT I UC I CDR I UN-21 UNA MISCELLANEOUS Any structure over four (4) stories in height Businesses operating between 12 and 7 am Alcoholic beverage sales or consumption storage facility Drive-thru facili Key (1) Use permitted only an second or upper floors, or behind retail or ser- vice ground floor use. (2) Permitted only as part of a vertical mixed use protect, with upper floor residential (3) Permitted only as part of a mixed use project with a commercial or residen- tial component SPR SPR I SPR SPR I SPR --- CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP --- --- --- --- --- CUP --- P use is permitted subject to compliance with all appli- cable provisions the Santa Ana Municipal Code LUC use is permitted subject to the approval of a Land Use Certificate. CUP use is permitted subject to the approval of a Conditional Use Permit_ SPR use is permitted subject to the approval of Site Plan Review. --- use not permitted in particular zones. Section 10. Section 41-2008 (Operational Standards) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: City Council 21 — 265 ordinan6e�0o."1A XXX Page 22 of 49 "Sec. 41-2008. Operational Standards (a) All property shall be maintained in a safe, sanitary and attractive condition including, but not limited to, structures, landscaping, parking areas, walkways, and trash enclosures. (b) All business activities shall be conducted and located within an enclosed building, except as allowed by Section 41-195 of the SAMC and except that the following business activities may be conducted outside of an enclosed building: (1) Newsstands (2) Flower Stands (c) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product., ether +haR that which iE Glearly innideRtal to a partiGUlar retail and general eRterprise, and where SUGh goods are OR the premises (d) There shall be no work inside of a structure that generates noise that exceeds 60 dB CNEL measured at the exterior wall of the individual tenant unit of a structure. (e) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. (f) Public utility structures, including electric distribution and transmission substations shall be screened by a solid wall at least eight (8) feet high, except as restricted by Sections 36-45, 36-46, and 36-47. (g) Any activity permitted shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, or vibration. (h) Small sGale Artisan/craft product - limited on site production and research and development land uses shall require a solid wall or fence not less than eight (8) feet in height along any rear or side lot line. (i) All business activities, including, but not limited to, compounding, processing, packaging or assembly of articles of merchandise and treatment of products shall be conducted within a completely enclosed building. No ancillary vehicle maintenance or repair shall be allowed on site. (j) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line. (k) No business activity that generates noise or vibration shall be conducted between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 10.00 a.m. Saturday and Sunday. City Council 21 — 266 Ordinance5/�v0.3-xxx Page 23 of 49 (1) Automobile servicing uses including nonconforming establishments, shall comply with the following operational standards: (1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m. Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Saturday and Sunday. No servicing shall be conducted on Sundays. (2) All work shall be conducted inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not permitted." Section 11. Section 41-2009 (Operational Standards for Nonconforming Industrial Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby added in its entirety to read as follows: "Sec. 41-2009. Operational Standards for Nonconformina Industrial Uses. (a) In addition to the operational standards listed in Sec. 41-2008, the following shall apply to nonconformina industrial uses: (1) The purpose of these operational standards is to protect and improve the living and working environment, the appearance of the community, reduce or eliminate nuisance conditions, and minimize the impacts of industrial uses on adjacent properties. (2) These standards are in addition to the operational standards established in Sec. 41-2008 and shall apply to all nonconforming industrial uses, including those existing industrial uses that become nonconforming at the effective date of anv implementina ordinance. (3) Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area. (4) If any nonconforming use that operates in an unlawful manner, including but not limited to: frequent code violations, police calls, or loitering complaints relating to the nonconforming use; or is not in good standing with the City, including, but not limited to violations of Chapter 16 of the Santa Ana Municipal Code or public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code, or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including initiating a hearing to consider business license revocation and/or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one (1) violation, call, or complaint per month during any twelve (12) month period, and "constant service calls" is defined as more than one (1) service call per month relating to or arising from the nonconforming use during any twelve (12) month period City Council 21 — 267 5/6/ 0 Ordinance o. -XXX Page 24 of 49 (b) Enclosed Operations. (1) All business activities, including, but not limited to, compounding, processing, aackaaina. or assemblv of articles of merchandise and treatment of aroducts shall be conducted within a completely enclosed building. (2) No automobile service or repair of any kind shall be allowed outdoors on site. (c) Air Emissions and Dust (1) No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosahere. (2) Uses, activities, and processes shall not operate in a manner that emit dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Reaulations. Title 40). the California Air Resources Board. and the South Coast Air Quality Management District. (d) Light, Glare, and Heat (1) No direct or indirect glare or heat, whether from floodlights or from high - temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. (2) To ensure that industrial development does not create light and glare nuisances, the following performance standards shall be observed: a. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to ensure that there is no spillover of light and glare that will impact drivers or pedestrians on the public streets, on -site activities, and adjoining or nearby properties. b. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties as determined by the Executive Director of the Planning and Building Agency, or designee. (3) Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating pedestrian walkways. Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and down -lit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties. (4) No use shall be operated such that significant, direct glare, incidental to the operation of the use, is visible beyond the boundaries of the lot where the use is located. City Council 21 — 268 5/6/ 0 Ordinance o. -XXX Page 25 of 49 e) Ground Vibration (1) No use shall generate ground vibration perceptible without instruments at a point along the property line of the site except for motor vehicle operations. (2) No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subiect parcel are exemat from this standard. (f) Storage and Screening (1) No material or waste shall be deposited upon a subiect parcel in such form or manner that it may be transferred off the parcel by natural causes or forces. (2) All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors onlv in closed containers. (g) Hazardous Materials (1) Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with City of Santa Ana regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited. (2) No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. (3) No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. (h) Liquid and Solid Waste (1) Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. City Council 21 — 269 Ordinance5/�v0.3-xxx Page 26 of 49 (2) The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes. is Drohibited. (3) Wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling subject to the review and oversight of the Fire Department. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects. i) Site Maintenance. All industrial land uses shall be maintained in compliance with Chapter 16 of the Santa Ana Municipal Code and not constitute public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code at all times and consistent with project conditions of approval (if applicable). Truck Parkina and Loadin (1) All truck parking areas must be on paved surfaces. The parking, loading or unloadina of trucks associated with a business on Dublic streets is Drohibited. (2) Trucks idling is prohibited. (3) All truck parking and loading areas shall be maintained in good condition as determined by the City. Annual inspections may be conducted by the City to ensure compliance. Any violation or failure to comply with any of the requirements of this Chapter shall be deemed a nuisance. (k) Hours of Operation (1) For non -conforming industrial uses which are directly across a street from or abutting residential uses or structures, hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10:00 a.m. to 6:00 p.m. Saturday. (2) No operating hours are permitted on Sundays, or Federal Holidays." Section 12. Section 41-2080 (Definitions) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2080 - Definitions The words and phrases, shall be construed as defined in this Article, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number. If any of the definitions in this section conflict with definitions in Chapter 41 of the Santa Ana Municipal Code (SAMC), these definitions shall control for the purposes of this Article. If any term herein is not defined by this subsection, the definitions contained within Division 2 (Definitions) of Article I of Chapter 41 of the SAMC shall apply. City Council 21 — 270 5/6/ 0 Ordinance o. -XXX Page 27 of 49 1. Access (Direct): The physical pedestrian entrance to a unit that is provided directly from the street or courtyard. Also described as walk-up access. 2. Access (Point): The physical pedestrian entrance to a unit that is provided through a common space, such as a lobby or corridor that connects directly to the street or courtyard. Also described as non -walk-up access. 3. Accessory Structure: An accessory structure or building is a detached building or structure, or part of a building or structure, which is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities (e.g., storage shed, garage, gazebo), and is used exclusively by the occupant of the main building. 4. Alley: An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and is intended for service and only a secondary means of access to abutting properties. 5. Arcade: see `Frontage Types' 6. Artisan/craft product maR ifo GW41 n - limited on -site production: The mono ifa Gt iriRg efo ri�UGtS primarily by hand by nor�?tFaiT d in an 61406tiG Skill, irlinn Ger��il ?ottery, glass r� hlOWinor SGUlpturA specialized commercial facility with a retail -facing operation open to the public. Products are typically made by hand or with a restricted level of automation demonstrating an artistic skill. On -site production of artisan/craft Droduct activities include desian. production. processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are not limited to, electronics, food products, furniture -making, beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities. 7. Attic: The area found directly below the roof of a building and the ceiling of the top floor. The attic shall be an uninhabitable area. 8. Automobile repair: Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of non-factory installed products except those permissible throuah automobile servicing as defined herein. 9. Automobile service or Automobile servicing: Automobile service or automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication. air conditionina servicina. wheel alianments. replacement of brake pads, and engine tune-ups. 10. Bank, financial institution: An establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of City Council 21 — 271 5/6/ 0 Ordinance o. -XXX Page 28 of 49 funds. Excludes check cashers as defined by California Civil Code section 1789.31. 11. Basement: That portion of a building between floor and ceiling which is either totally or partly below grade and in compliance with the definition of basement established in the California Building Code (CBC). 12. Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivision. 13. Building Height: The vertical extent of a building measured in stories to the eave of the highest story, not including a basement or an attic. Height limits do not apply to masts, belfries, clock towers, steeples, equipment screening, chimney flues, and similar structures. Building height shall be measured from the average grade of the fronting thoroughfare curb level. 14. Building Placement: The maximum horizontal envelope available for placing a building on a lot. 15. Building Type: A structure defined by the combination of configuration and placement. The building types used in this Article are listed below: a. Bungalow Court: A configuration of freestanding single units arranged around a common, shared courtyard that is wholly open to the street. The individual buildings are arranged next to each other to form the bungalow court building type. b. Courtyard Housing: A building type consisting of residences that can be arranged in four possible configurations: townhouses, townhouses over flats, flats, and flats over flats. The structures are arranged next to each other, on one or more courts that are partly or wholly open to the street. c. Duplex, Triplex, and Quadplex: architecturally presented as large neighborhood setting. Multiple dwelling forms that are single-family houses in their typical d. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. e. House: A structure occupied by a single household that also accommodates commercial and office uses as allowed. f. Hybrid Court: A building that combines the point -access portion of the stacked dwelling building type (double -loaded corridor element) with the walk-up portion of the courtyard housing building type. City Council 21 — 272 5/6/ 0 Ordinance o. -XXX Page 29 of 49 g_ Lined Block: A building that conceals a public garage or other faceless building that is designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. h. Live/Work: An integrated residence and working space, occupied and utilized by a single household in an arrangement of at least 3 such structures or 1 multiple structure with a least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. i. Rowhouse: An individual structure on a parcel with a private rear yard and individual garage accessed from an alley. Such structure shall be developed in an arrangement of at least 3 such structures along the primary frontage. Or, a structure of at least 3 attached townhouse unit types arranged side by side with a private rear yard and individual garage accessed from an alley along the primary frontage. L Stacked Dwellings: A building of single -floor or multi -floor residences of similar configuration either above or below that are stacked. k. Tower -on -Podium: A multi -level building organized around a central core with the first two to five floors expressed as a podium building. I. Tuck -Under Housing: An individual structure on a parcel with no rear yard, where its garage is tucked under the rear of the house and accessed from an alley. Such structure shall be developed with at least four such individual structures, or a structure of at least four attached townhouse units types arranged side by side along the primary frontage. 16. Bungalow Court: See 'Building Types' 17. Business support service. Commercial establishment that provides services to other businesses including maintenance, repair and service, testing, rental, etc. including the following examples: a. Computer -related services (rental/repair) b. Copying and quick printing services L. Film processing and photofinishing (retail) d. Graphic design services e. Mailing and mail box services f. Security systems services 18. Clinic, Urgent Care: A facility other than a hospital where medical, mental health, surgical or other personal health services are provided on an outpatient basis, including incidental medical laboratories. Examples of these uses include: a. mMedical offices with five or more licensed practitioners or medical specialties City Council 21 — 273 Ordinance5/�v0.3-xxx Page 30 of 49 b. o0ut-patient care facilities, urgent care facilities. c. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional/Administrative." 19. Community Assembly: Group gatherings conducted indoors such as synagogues, mosques, temples, churches, community centers, bingo halls, private clubs, fraternal, philanthropic and charitable organizations and lodges. 20.Commercial Recreation Facility - Indoor: Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: a. Bowling alleys, Tossing or Throwing Games, Indoor Sports b. Coin -operated amusement arcades c. Electronic game arcades (video games, etc.) Pool, billiards d. Skating sports (ice, roller, board), Escape Room, Mystery Games This use does not include adult businesses. Four or more electronic games or coin - operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site. Ancillary uses include meeting rooms, snack bars, and equipment rental or sales are permitted within an indoor recreation facility, provided that their gross floor area of the ancillary use does not exceed twenty percent (20%). Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. 21. Commercial Frontage: The non-residential frontage of a building. Non-residential activities subject to city approval are allowed within this space, which must be at least 25 feet in depth. These spaces are limited to the first floor and as such, have different building requirements than upper floors (e.g., large storefront windows, signage, etc.). 22. Courtyard Housing: See 'Building Types' 23. Craft and specialized automotive restoration service: A specialized business or commercial enterprise occurring inside of a fully -enclosed structure that focuses on repairing and restoring older cars, often considered "collector cars" as defined by the State; which includes (1) a vehicle model 35+ years old, (2) a vehicle model 25+ years old with historic plates, or (3) a vehicle model classified as a special interest vehicle. Such restoration services return these types of vehicles to their original condition, including mechanical components, bodywork, and interior, aiming to preserve their historical authenticity and aesthetic appeal. The vehicle must not be altered from the manufacturer's original specifications or considered a "kit" car_ City Council 21 — 274 5/6/ 0 Ordinance o. -XXX Page 31 of 49 24. Doctor, dentist, chiropractor, etc. office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care ser- vices are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. 25. Duplex, Triplex and Quadplex: See 'Building Types' 26. Dwelling Unit Types: a. Apartment: A rental version of a Flat, Loft, or Townhouse. b. Condominium: An ownership version of a Flat, Loft or Townhouse c. Flat: A single -story unit. d. Loft: A double -story height unit with a mezzanine. e. Townhouse: A two to three-story unit. 27. Elevation (Building): The exterior walls of a building. Also referred to as 'Facade' when the elevation is along a frontage line. 28. Entrance (Main or Primary): The principal point of access of pedestrians to a building. In the support of pedestrian activity, the main or primary entrance should be oriented to the frontage rather than to the parking. ._ __ _. 29. Facade: The exterior wall of a building that is set along a frontage line. Facades support the public realm and are subject to frontage requirements additional to those required of elevations. 30. Flex Block: See 'Building Types' Forecourt: See 'Frontage Types' 31. Frontage Line: Those lot lines that coincide with a public street line. One shall be designated as the Principal Frontage Line. Facades along Frontage Lines define the public realm and are therefore more highly regulated than the elevations that coincide with other lot lines. Frontage lines are subject to the urban standards, architectural standards, signage standards, and subdivision standards. 32. Frontage Type: The architectural element of a building between the public right- of-way and the private property associated with the building. Frontage Types combined with the public realm create the perceptible streetscape. The following frontage types used in this Article are listed below: a. Arcade: A facade with an attached colonnade, that is covered by upper stories. This frontage type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. City Council 21 — 275 5/6/ 0 Ordinance o. -XXX Page 32 of 49 For Building Code considerations, this frontage type cannot cover the public right- of -way. b. Forecourt: A semi-public exterior space partially within the shopfront, gallery or arcade frontage that is partially surrounded by a building and also opening to a thoroughfare forming a court. The court is suitable for gardens, outdoor dining, vehicular drop-off and utility off-loading. c. Front yard / Porch: A common frontage type associated with single family houses, where the facade is set back from the right of way with a front yard. A porch may also be appended to the facade. A fence or wall at the property line may be used to define the private space of the yard. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard. d. Gallery: A colonnade that is attached to storefronts and projects over the sidewalk. e. Shopfront: A facade placed at or close to the right-of-way line, with the entrance at sidewalk grade. This frontage type is conventional for retail front- age and is commonly equipped with cantilevered shed roof(s) or awning(s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes residential use on the ground floor facing the street, although such use is appropriate above. f. Stoop: An elevated entry porch that corresponds directly to the building entry, with stairs placed close to the frontage line on a building with the ground story elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground -floor residential uses with short set- backs. This type may be interspersed with the shopfront frontage type. A porch or shed roof may also cover the stoop. 33. Front yard/Porch: See 'Frontage Types' ..I- M, IIMIMYM�_ MVIRI 0-M, IWO INIIII _M___ --i 34. Gallery: see 'Frontage Types' 35. General Retail: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: a. art galleries, retail IL. art supplies, including framing services bicycles c. books, magazines, and newspapers cameras and photographic supplies clothing, shoes, and accessories department stores City Council 21 — 276 5/6/ 0 Ordinance o. -XXX Page 33 of 49 d. drug stores and pharmacies dry goods e. fabrics and sewing supplies f. florists and houseplant stores with indoor sales only hobby materials g_ furniture and home decor stores h. hardware and building supply stores i_ jewelry L luggage and leather goods k. musical instruments (small), parts and accessories, I. Large instruments are under "Furniture, Furnishings, and Appliance Store" m. orthopedic supplies small wares specialty shops n. sporting goods and equipment stationery o. toys and games variety stores e videos, DVDs, records, CDs, including rental stores General retail does not include the following: a. Adult business as defined in section 41-1701.6 of the SAMC, antique or collectible stores, furniture, furnishings and appliance stores, medical marijuana dispensaries or second-hand stores. b. Sheet metal shops, body -fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. c. Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit or land use certificate in one or more use districts pursuant to this code. 36. Ground Floor/ Footprint: The area resulting from the application of building placement and open space requirements and as further articulated by particular building design. In calculating the area, only the conditioned floor space shall be counted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as "ground floor/footprint." 37. Ground Floor Residential: Dwellings with their primary entrance and habitable space at grade. 38. Health and Fitness: A commercial establishment providing facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers and lockers. Health and fitness facilities may also provide for instruction programs and classes, such as martial arts, yoga where lockers and showers are provided. 39. Hotel (land use): A facility offering c"r-tern lodging accommodations, as defined and regulated by the SAMC, to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. AeeeSS :e the guest Feems shall - c City Council 21 — 277 Ordinance5/�v0.3-xxx Page 34 of 49 40. House: See 'Building Types' 41. House Scale: Multi -family building form that is derivative of and compatible with surrounding single-family houses and that can be applied in 1 to 4 direct -access assemblies of units to form larger buildings from duplex up to and including Courtyard Housing. 42. Hybrid Court: See 'Building Types' 43. Laboratory- medical -analytical: A place equipped for experimentation or observation in a field of study, or devoted to the application of scientific principles in testing and analysis. Quantities of biological or hazardous materials used in situ, shall be limited to those quantities established by the fire department 44. Lined Block: See 'Building Types' Live/Work: See 'Building Types' 45. Lot Width: The frontage of a parcel which is used to identify the parcel for street address purposes. 46. Media production: An establishment dedicated to the production of visual and audio mass media, including television, films, videos, video games, mobile devices, internet and digital interactive media, but excludes magazines, newspapers, and periodicals. 47. Mixed -Use Building: A structure lawfully containing residential and non-residential uses. 48. Multi -Family Building: A residential structure lawfully containing two or more dwelling units. City Council 21 — 278 5/6/ 0 Ordinance o. -XXX Page 35 of 49 49. Net Developable Area: The private area defined by blocks which is not to remain for public uses such as Plazas, Greens, Squares, Thoroughfares or Streetscapes. 50.Nonconforming Industrial Use: A nonconforming use as defined in Section 41-126 of the SAMC that was established on any parcel or within any building located within the boundaries of SD-84 established by this Article that is listed in the uses permitted or uses permitted subject to a conditional use permit of Division 18. M-1 (Light Industrial) or Division 19. M-2 (Heavy Industrial) of this Chapter but that are no lonaer aermissible throuah amendment to this Article. 51. Noxious Use: A nonconformina industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two (2) or more of the following: a. Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; b. Operations that are regulated by and require a permit from a federal, state, or regional agency c. Storing, processing, or disposing of listed or hazardous waste; or d. Operations that are not contained within a fully enclosed building. 52.A primary use is the principal and dominant activity that the business is devoted to, distinguishing it from a secondary or ancillary use as defined in Section 41-13.5 of the SAMC. 53.Office: These do not include medical offices (see Clinic, Urgent Care," and "Doctor, dentist, chiropractor, etc. office.") a. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial Services," which is separately defined. b. Administrative. Office -type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer -dependent or telecommunications -based activities. Examples of these uses include: c. airline, lodging chain, and rental car company reservation centers, not including retail travel agencies d. computer software and hardware design and development consumer credit reporting e. data processing services f. health management organization (HMO) offices where no medical services are provided e insurance claim processing City Council 21 — 279 Ordinance5/�v0.3-xxx Page 36 of 49 h. mail order and electronic commerce transaction processing telecommunications facility design and management telemarketing i. Professional. Office -type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include: L accounting, auditing and bookkeeping services advertising agencies k. attorneys I. business associations, chambers of commerce commercial art and design services construction contractors (office facilities only) counseling services m. court reporting services n. detective agencies and similar services o. design services including architecture, engineering, landscape architecture, urban planning p. educational, scientific and research organizations financial management and investment counseling literary and talent agencies q. management and public relations services media postproduction services r. news services s. photographers and photography studios political campaign headquarters psychologists t. secretarial, stenographic, word processing, and temporary clerical employee services u. security and commodity brokers v. writers and artists offices 54. Paseo: a public place or path designed for walking; promenade. 55. Pedestrian First: The practice of addressing the needs of people, once out of their automobiles, through a series of interdependent urban design and streetscape principles (e.g., wide sidewalks, street trees and shade, on -street parking, outdoor dining, inviting storefronts, the feeling of being in an `outdoor room', short cross- walk distances, interconnected and short blocks). 56. Pedestrian Shed: An area defined by the average distance that may be traversed at an easy pace from its edge to its center in approximately 5 minutes. This distance is used to determine the size of a neighborhood. This dimension averages one quarter of a mile or approximately 1,400 feet for generally flat terrain. 57. Personal Services: Establishments providing non -medical services to individuals as a primary use. Examples of these uses include: a. barber, nail salons and beauty shops clothing rental b. dry cleaning pick-up stores with limited equipment home electronics and small appliance repair locksmiths c. pet grooming with no boarding shoe repair shops d. tailors City Council 21 — 280 5/6/ 0 Ordinance o. -XXX Page 37 of 49 e. These uses may also include accessory retail sales of products related to the services provided. 58. Personal Services - Restricted: Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: a. laundromats (self-service laundries). Laundromats shall comply with the development and performance standards set forth in Section 41-199. b. massage establishments (licensed, therapeutic) as defined on Section 41- 1751 of the SAMC. Massage establishments shall comply with Article XVII.I of Chapter 41 of the SAMC. Pawnshops. 59. Pet day care facility: Establishment offering daily, without overnight, care to a customer's personal canine or feline pets. Grooming and educational training may be allowed as an ancillary use within the establishment. Does not include veterinary care or treatment, hospitalizations, or long-term boarding of pets. 60. Planter: The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood. 61. Podium: A continuous raised platform supporting a building, or a large block of two or three stories beneath a multi -layer block of a smaller area. 62. Porch: see 'Frontage Types' 63. Private Frontage: The privately held layer between the frontage line and the principal building facade. The structures and landscaping within are held to specific standards. The variables of Private Frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches and galleries. These elements influence social behavior in the public realm. The Frontage layer may overlap the public streetscape in the case of awnings, Galleries and Arcades. 64. Research and Development: A Quasi oRdustroal facility where creative work is undertaken on a systematic basis in order to increase the stock of knowledge generally in the fields of medicine, scientific instruments, safety- critical mechanism or high technology. These facilities may include pilot plant operations as an ancillary use, which shall not exceed 25 percent of the floor area. A facility providing full scale production shall be deemed a manufacturing use and shall be prohibited. 65. Rowhouse: See 'Building Types' 66. Setback: The area of a lot measured from a lot line to a building facade or elevation that must be maintained clear of permanent structures excepting galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, and terraces City Council 21 — 281 Ordinance5/�v0.3-xxx Page 38 of 49 which are permitted to encroach into the setback subject to the standards established in Division 3 of this Article. 67. Shared Parking (Park -Once Policy): An accounting for parking spaces that are avail- able to more than one function. The requirement is based on a range of parking- demand found in mature, mixed -use centers. The Shared Parking ratio varies according to multiple functions in close proximity unlikely to require the spaces at the same time. This approach to parking uses the following types of parking in combination to achieve a balanced and distributed supply of parking: off-street (surface lots and garages), on -street (parallel and diagonal). 68. Shopfront: see `Frontage Types' 69. Stacked Dwellings: See 'Building Types' 70. Stoop: see 'Frontage Types' 71. Story: A habitable level within a building from finished floor to finished ceiling: Attics and basements, as defined by the California Building Code (CBC) are not considered a story for the purposes of determining building height and are subject to the applicable requirements of this code and the CBC, except for when the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story 72. Streetscape: The urban element that provides the major part of the public realm as well as paved lanes for vehicles. A streetscape is endowed with two attributes: capacity and context. Capacity is the number of vehicles that can move safely through a segment within a given time period. It is physically manifested by the number of lanes and their width, and by the curb radius. 73. Studio: A workplace of one or more individuals who are engaged in the production of art, such as fine and fiber arts, lithography, calligraphy, photography, music, dance and the performing arts. Galleries, not to exceed 50 percent of the floor area, are permitted as an ancillary use. Any regulated use, as defined on Sec 41- 191 of the SAMC is not allowed. Uses meeting the definition of artisan/craft product manufacturing shall be deemed an artisan/craft product manufacturing use. 74. Tandem Parking Stall: Two or more parking spaces arranged one behind the other. 75.Thoroughfare- A vehicular way incorporating moving lanes and parking lanes (except alleys/lanes which have no parking lanes) within a right-of-way. 76. Tower -on -Podium: See 'Building Types' 77. Trade school: A school consisting of vocational educational programs for students to be trained in the fields related to healthcare, technology, legal services, and Drofessional trades. City Council 21 — 282 5/6/ 0 Ordinance o. -XXX Page 39 of 49 78. Traffic -Calming: A set of techniques which serves to reduce the speed of traffic. Such strategies include lane -narrowing, on -street parking, chicanes, yield points, sidewalk bulge -outs, speed bumps, surface variations, mid -block deflections, and visual clues. Traffic calming is a retrofit technique unnecessary when thoroughfares are correctly designed for the appropriate speed at initial construction. 79. Transect: A system of classification deploying the conceptual range of 'rural -to - urban' to arrange in useful order, the typical context groupings of natural and urban areas. This gradient, when rationalized and subdivided into zones becomes the basis of the Regulating Plan and the 9 zones supporting this Plan. 80. Transit -Oriented Development: A remedial pattern within a loose urbanized area. Its structure creates nodes at an efficient spacing for commuter or light rail. These nodes are mixed -use areas limited in extent by walking distance to the transit stop. These nodes are usually surrounded by a residential hinterland, structured as neighborhood T.O.D.'s connected by a feeder bus system. 81. Transition Line: A horizontal line, the full width of a facade expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. 82. Tuck -under Housing: See 'Building Types' 83. Zaguan: A covered pedestrian passage between courts of one to two rooms in depth and one story in height." Section 13. Any section or subsection of this Article, Article XIX (The Transit Zoning Code, Specific Development No. 84) that is not reprinted or modified by this ordinance is hereby unamended. Section 14. Any provision of the Santa Ana Municipal Code (SAMC) or appendices thereto found inconsistent with the provisions of the Ordinance, only to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance, inclusive of corrections for typographical error, and shall be considered the same as if adopted at the time of this Ordinance. Section 15. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 16. This Ordinance shall become effective thirty (30) days after its adoption. Upon the effective date of this Ordinance, Ordinance -Nos. NS-3063 and NS- 3064 shall be automatically repealed and rescinded as of that date. City Council 21 — 283 Ordinance5/�v0.3-xxx Page 40 of 49 Section 17. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney /I By. ; Melissa M. Crosthwaite Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: , 2025. Valerie Amezcua Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 21 — 284 5/6/ 0 Ordinance o. -XXX Page 41 of 49 EXHIBIT "A" A. On April 19, 2022, The City adopted an Amended General Plan. The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City. B. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (Moratorium Ordinance"). No. NS-3063. The purpose of the moratorium was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible industrial uses that cause a significant pollution burden to adjacent residential neighborhoods within the SD84 Zoning District. C. On May 7, 2024, the City Council issued 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). D. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to the California Government Code, Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD84 Zoning District. E. The Planning and Building Agency routinely reviews its ordinances to incorporate best practices, reflect changes to State law, and address community needs. F. In 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, applicable and necessary to support the adoption of Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code, Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District: 1. 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 amended on July 16, 2019; and City Council 21 — 285 5/6/ 0 Ordinance o. -XXX Page 42 of 49 2. 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 3. 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 4. 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 19f" century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and 5. 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 developed or improved to the mixed -use zones allowed by the TZC; and 6. 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 7. The City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and 8. 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 9. 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 its elements, which include 77 City Council 21 — 286 5/6/ 0 Ordinance o. _XXX Page 43 of 49 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and 10. 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-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and 11. 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 12. 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 13. The construction of Santa Ana (1-5) Freeway through Santa Ana in the 1950s resulted in many families being displaced through the demolition of single-family homes in the northeastern portion of the Logan neighborhood; and 14.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 15. 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 16.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 City Council 21 — 287 5/6/ 0 Ordinance o. _XXX Page 44 of 49 17. 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, they are designated as varying intensities of District Center or Urban Neighborhood land use designations —both of which are inconsistent with industrial uses; and 18. 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 35 commercial and industrial properties in the past twelve months and currently has 16 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 19.In the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently near 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 20.In the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently near 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 City Council 21 — 288 Ordinance5/�v0.3-xxx Page 45 of 49 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 21. 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 22. 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 23. 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 24. 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 most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process 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. Since adoption of the moratorium and its extension, MIG and City staff have focused the comprehensive update through an initial phase concentrating on amending the TZC; and 25. The policies and implementation actions in the General Plan also require review, study, and possible revision to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and City Council 21 — 289 5/6/ 0 Ordinance o. _XXX Page 46 of 49 26. 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. G. Following said analysis of the City Council points of discussion as iterated above, City staff has prepared ZOA No. 2024-02 to amend and add certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amend non- conforming regulations including the addition of an amortization process; amend and add operational standards for allowed uses and non -conforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps from certain properties within the SD84 Zoning District. H. Amendments to Chapter 41 (Zoning) are necessary to ensure uniform and legally consistent regulations as well as additions to enable the City to implement a regulatory framework that protects the health, safety, and welfare of the City. The proposed amendments to the Santa Ana Municipal Code (SAMC) that are the subject of this Ordinance support the objectives and policies of the City's General Plan and are required to ensure consistency in accordance with Government Code Section 65860. Specifically, these amendments to the SAMC timely address current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; City Council 21 — 290 Ordinance5/�v0.3-xxx Page 47 of 49 2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; 3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance or elimination of those uses; 4. Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; 5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; 6. Developing and adopting new regulations to address facilities that emit pollution near sensitive receptors within EJ area boundaries, which includes areas of the TZC; 7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and 8. Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. K. Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: 1. LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. 2. LU3.3 - 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. 3. CN1.4 - 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. City Council 21 — 291 Ordinance5/�v0.3-xxx Page 48 of 49 4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. 5. CN1.11 - 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. 6. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. 7. HE44.A — Fair Housing. Ensure all City programs and activities related to housing and community development are administered in a manner that affirmatively furthers fair housing. L. ZOA No. 2024-02 amends and adds certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including Section 41-2001 (Application of Article), Section 41-2001.5 (Organization), Section 41-2002 (Nonconforming Buildings, Structures and Uses), Section 41-2004 (The Industrial Overlay (I-OZ) Zone), Section 41-2005 (Application for Discretionary Approvals), Section 41-2006 (Zones Established), Section 41-2007 (Uses Permitted) Section 41-2008 (Operational Standards), Section 41-2009 (Operational Standards for Nonconforming Industrial Uses), and Section 41-2080 (Definitions). M. On February 24, 2025, the Planning Commission held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the Ordinance to the City Council. N. On March 18, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. City Council 21 — 292 5/6/ 0 Ordinance o. -XXX Page 49 of 49 ORDINANCE NO. NS-XXXX AMENDMENT APPLICATION (AA) NO. 2024-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SANTA ANA BY REMOVING THE M1 (LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL) SUFFIXES FROM CERTAIN PROPERTIES WITHIN THE SD-84 ZONING DISTRICT BOUNDARY THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council has, by separate action taken on March 18, 2025, adopted an Addendum to the Transit Zoning Code Environmental Impact report ("EIR") (State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City Council ("Addendum"). The Addendum analyzed the environmental impacts of the actions taken in this Ordinance. Adopting the Addendum satisfied the City Council's obligations under the California Environmental Quality Act ("CEQA") regarding amendments to the Transit Zoning Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines 15162 apply. Thus, no further environmental review is required as adoption of this Ordinance falls within the scope of the adopted Addendum and previously certified EIR. Section 2. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code provides that "Because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: (a) Encourage the most appropriate use of land; (b) Conserve and stabilize property value, (c) Provide adequate open spaces for light and air and to prevent and fight fires, (d) Prevent undue concentration of population, lessen congestion on streets and highways, and City Council 21 — 293 5/6/ 0 Ordinance o. -XXX Page 1 of 7 (e) Promote the health, safety and general welfare of the people, all as part of the general plan of the City." Consistent with this purpose, the City of Santa Ana has adopted a zoning map, which has since been amended from time to time. B. On April 19, 2022, the City adopted an Amended General Plan The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City. C. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (the "Moratorium Ordinance"). The purpose of the Moratorium Ordinance was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible industrial uses that cause a significant pollution burden to adjacent residential neighborhoods within the SD-84 Zoning District. D. On May 7, 2024, the City Council issued 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 the Transit Zoning Code Specific Development No. 84. E. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to California Government Code, Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD-84 Zoning District. F. After continued research and study, two ordinances have been developed that address the impacts from industrial land uses in the SD-84 Zoning District. The ordinances address the following: a. Zoning Ordinance Amendment (ZOA) No. 2024-02 to amend certain provisions of the Santa Ana Municipal Code and amend portions of the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amendment of non- conforming regulations; and, b. Amendment Application (AA) No. 2024-03 to remove the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties City Council 21 — 294 5/6/ 0 Ordinance o. -XXX Page 2 of 7 within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. G. AA No. 2024-03 is consistent with and implements the amendments proposed by ZOA No. 2024-02 by ensuring uniform and legally consistent mapping of the City's Zoning Districts; and enables the City to implement a regulatory framework that protects the health, safety, and welfare of the City and its residents. H. The proposed amendments to the Zoning Map contained in AA No. 2024- 03 are required to ensure consistency with the City's General Plan in accordance with California Government Code, Section 65860. Adoption of AA No. 20243 is consistent with and implements the Amended General Plan. Specifically, it is consistent with the following: The amendments timely address current inconsistencies within an area of the City prioritized for addressing EJ. (a) Policy LU-1.1 (Compatible Uses), (b) Policy LU-2.4 (Cost and Benefit of Development) (c) Policy LU-3.8 (Sensitive Receptors), (d) Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), (e) Policy LU-3.11 (Air Pollution Buffers), (f) Policy LU-4.3 (Sustainable Land Use Strategies), (g) Policy LU-4.6 (Healthy Living Conditions), (h) Policy CM-3.2 (Healthy Neighborhoods), (i) Policy EP-1.9 (Avoid Conflict of Uses), 0) Policy EP-3.3 (Mitigate Impacts); (k) Policy CN-1.5 (Sensitive Receptor Decisions), (1) Policy CM-3.2 (Healthy Neighborhoods), and (m) Policy HE-5.5 (Community Development) which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: 1. Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; 2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; 3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses; City Council 21 — 295 5/6/ 0 Ordinance o. -XXX Page 3 of 7 4. Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; 5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; 6. Developing and adopting new regulations to address facilities that emit increased pollution new sensitive receptors within EJ area boundaries, which includes areas of the TZC; 7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and 8. Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. J. Additionally, AA No. 2024-03 implements and/or contributes to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: 1. LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. 2. LU3.3 - 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. 3. CN1.4 - 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. 4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. 5. CN1.11 - 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. City Council 21 — 296 5/6/ 0 Ordinance o. _XXX Page 4 of 7 6. HE5.0 - Healthy Neighborhoods Initiatives. Update the City's zoning code 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. 7. HE44.A - Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. Section 3. The City Council of the City of Santa Ana hereby adopts and approves the Amendment to the Official Zoning Map of the City of Santa Ana, as shown in Exhibit 'A," attached hereto and incorporated herein by reference. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated March 18, 2025, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2025. Valerie Amezcua Mayor City Council 21 — 297 Ordinance5/�v0.3-xxx Page 5 of 7 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney vga ."j.W - ;,�fA4 Melissa Crosthwaite Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 21 — 298 5/6/ 01V5 Ordinance o.-XXX Page 6 of 7 Exhibit A 0^ 6-5-9 O C1 M 0 C1-MO C1-HDII C1-HDII iIHDI 1 C5 C4 5073 C1 W17TH ST rl �� ,L� r -- E 17TH ST C1 Cl cl Cl C� SP ''SP3II SP3 SP3 II JJ R1-B RB 7-R7 C SP3 SP3 fstry R1-B o R7 SE3 IIIIfjI$—p��yj!II ¢ p 141 SP3 4 .SP3 SP3 'SP3 m M1 SP3 - _ SD84 SP3 SP3 -..� 5D84 SP3 � SP3 6-5-9 P C5 Cd C1 C4 p LySD84 SDnd SD84 SOBd SD84 i® �(�SM WASHINGTONAY 5461,Ji SP3 � so SOBd 3 a 12TR gTm SD84 SD84 SD84 SDai SD84 SD84 501 BA SD84 ySD84 SP3 io75 SP3 5019 � HGSGN Av SD84 SD84 � SD84 SD84SD84 999 saE� ® s984 117 S a4 5o04 °.. SD84 a, �• •5� �. Sp SP33 SDi SD84 STAFFGR� sr _ r toTH ST n r SD84 SD, SP3 SD19 w g 4pN �� SD84 SD84 SD84 SP3 p Q 98d SP3 m SD19 YJ SD84 Z IIP3 SD19 SD86 s SP3 SP3 SP3 SP3 5P3'LL 'S0 �SIQ 5019 iP3 eTX sT SP3-BSP Q✓P SD84 SD19 SP3 SP3 SD79 S� SP3 i SP3A SD84 , \°I�ET+TERDkW CIVIC CENTER DR F% ?,N SN SD84 SDa A SDI DBd ° soea s886 r� BGa81 DB ;SD84 - 30 508 ? 3. OB �D. SD d $6 z SD84 i N�■�■ �Dn4 W 5TH ST E STH ST _ F '�a ❑ ■ nH ST SD86 Z o- SD84 L.4 SD84 Z■6- [ SD84 so SD84 SOBd SD84 are ST E 4TH ST iD 4 SD84 SD84 SD84 SD84 SOBd M IF SD84 SD84 3Ro� ;�dLF SDnd SOBd kjj�M ff D84 a D 4 DB SDed SD84 f SOBd � SD84 z -5D84 W IST STD E1-T ST i�0 5072 M� Cj.DII a-n Dua �w CZHDu cz^nDn Tq cz-non 7-Cz-nDI M1 d Mi �zlid I rcz-non 1B-8-9 ZONING DISTRICTS C5 � R1 7 R1 C5 'a 0 Z Z Z C2 R3 SD21 SD84 �� 5D84 SD84 R1 4 a SD _ C1 � O SD84 C2 5D14 SO' p C2 SD84 SD R2 SOBd w €® 5084 SD84 5D84 C2 R2 SD84 RLOZ1 so84 cziozl _ z y M7 M2 � Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. IRS TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE Cl-MD COMMUNITY COMMERCIAL - MUSEUM DIST- M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL -PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHO PP ING CENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE SECTIONAL DISTRICT MAP: 7-5-90 e CITY OF SANTA ANA, CALIFORNIA City Council 21 — 299 5/6/ 0 Ordinance o. -XXX Page 7 of 7 EXHIBIT 4 Environmental Health Reports EXHIBIT 4.1- Office of Environmental Health Hazard Assessment (OEHHA-EPA) The map illustrates Disadvantaged Communities within Santa Ana as identified by the Office of Environmental Health Hazard Assessment (OEHHA), with the Logan and Lacy neighborhoods shown in red in the central core of the city. 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. VLHHA Environmental Topics About Proposition65 News and Events Library Sear[i C.M. SB 535 Disadvantaged Communities ' ci 5 N°1tlp16n1 `toy, 2022 {Census Tracts and Tribal Areas) Larnpsen 0.-fe a flak / A�.Ic 61 Aw Garden G _r'irpsn. �,F WY�' I. Gro^ ['y r�en Grose Bhd — xti mars rye GaFtl. m` E [-r. nv,-- 11,111% TUsIlri EJ — 1 � � ° FCa z,rn n.r• x I � E•4mgi er � BnhrAre TUstic ..r ri Arr • - .Y' f<t F. isle 4v " yV Cv! clot Go l _ 11 E !" A -� rtl L BOYf 'rorurr Arr I111 s lrC. ��P�'• Alw —u I a Rp.IFtirk Ai" Sgwrw Ni ti +untaln a F- Valley 'f.'AIG+r. Arm-`�,• C '9 leibnn Av5 L5,,, [It -HE verrnm. -PL), NOV,, J; GS, HM, NrS I OLT,rl/.. CA!': P..a d by L n City Council 21 — 300 5/6/2025 1 EXHIBIT 4.2- Center for Disease Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR) The CDC/ATSDR Environmental Justice Index Map illustrates environmental health burdens in Santa Ana's Lacy neighborhood. The data shows significant environmental justice concerns, with the area ranking high (0.89) for overall air pollution impacts. Specifically, the neighborhood shows elevated exposure levels for Particulate Matter (PM) 2.5 (0.97), Diesel Particulate Matter (0.76), and Air Toxics Cancer Risk (0.76). ATSDR Environmental Justice Index (EJI) Explorer I.... nd Environmental Justice Index 2022 EA Rankings (Quartiles): Location Census Tract 750.02, Orange County, California Total Population 8,236 EJI Rank ®0.88 Environmental Burden Rank I0.84 Social Vulnerability Rank m0.95 o— 2 City Council 21 — 301 5/6/2025 EXHIBIT 4.2- Center for Disease Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR) (Continued) The CDC/ATSDR Environmental Justice Index Map demonstrates significant environmental burdens in Santa Ana's Logan neighborhood. The data indicates high environmental justice concerns, with an air pollution ranking of 0.90. Specifically, the area shows severe exposure to Particulate Matter (PM) 2.5 (0.97), Diesel Particulate Matter (0.76), and Air Toxics Cancer Risk (0.78). i1all %6P emu: . � �a, „� �. rubs. o a , .. "".'i ATSDR Environmental Justice Index (EJI) Explorer August 24, 2023: Data values for several fields in the 2022 EJI data set, Including EJI Rank, have open updated. Please seethe El Data Download page for more information. I ny t CDGATSDR Ernironnri Justice Index 2022 For more information on EJI indicators, click on the Indicator names in the table helaw. Not&: 4 indicates a score of >0.75 or high prevalence of a chronic condition rest Location Census Tract 744 05, Orange County, California Total Population 6,662 EJI Rank m0.82 Environmental Burden Rank ®0.88 Social Vulnerability Rank Ap 90 . .I Ozone 0.68 C0.97 Pli Diesel Particulate Matter A,0.76 Air Toxics Cancer Risk &0.78 <3 Q t.5elect State Ail states 2. Select County Ail Counties 10 Environmental Justice Index 2022 EJI Rankings (Quartiles): RPL_EJI Low Low to Moderate Moderate to High H igh No Data C, fili]lof X — k �S .. I I 5-.... -: r 3 City Council 21 — 302 5/6/2025 EXHIBIT 4.3- City of Santa Ana Overview, United States Environmental Protection Agency (EPA) The EPA's Environmental Justice screening map illustrates the City of Santa Ana's environmental burden distribution. This data aligns with CalEnviroScreen 4.0 findings and highlights the concentration of environmental impacts in the central urban core, where industrial uses continue to affect long-established residential communities. :.EPA EJSereen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Stvehsite I Mobile I Glossary I Help P+ease note: T—A.Drdt. (except Puerfo Rico) is not available as cnmparaNe ro the US. It is only compersbk to 4Se lerrrto ilaeHb a LSe 'Com ere ro State' luncrionality. Likewise, some of the lnd- may nor be available for tertrtories. X Santa Ana, CA, USA X Q i rj)E] Indexes []► Particulate Matter2.5 (National Percentiles) Grand E hk 95 • 100 percentile . .. r9rrCh G'OSI�t 90 - 95 percentile •I 80.90 percentile . rn . S.. .Willard ' -.� 11111170 80 percentile - ,,.•,: ;• �uarr �� Loge kL 60. 70 percentile 50 - 60 percentile w { W'9QIh n c French Park Less tha n 50 percentile v ti m o 5an1[r Atilt' Qdtil nvt available 2 2 .. _VIC CEntCr Or - Santa Ana t i'u. r r saemeemcK �. Flower Park Downtown E Sth St Lacy view . a-m:rnl: r', . • •• ` Santa Ana 4 w 3rd Sl IV r.... c x W.iSt.st; E ts[ St +E - W a' VJ n'Inul 57 ] �l rh Gn &er,�rrr . ,LW oom11e-5r ., p�• i.l n ell Nbninnor lark City Council 21 — 303 4 5/6/2025 EXHIBIT 4.3.1- Particulate Matter (PM 2.5) for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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 , EPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Screen Website I Mobile I Glossary I Help Please note, Territory data (except Puerto Rico) is not available as comparabie to the US. it is only comparable to the territo itself b usin the 'Com are fo Slate' functionality Likewise, some of the indicators may not be available for territories. X p p Santa Ana, CA, USA X � - JFI)EJ Indexes IBM *Compare to US OCompare to State Particulate Matter 2.5 (National -T6 -St Percentiles) a Environmental Justice Indexes hk 95 - 100 percentile =aiih� French Court Grand ; 11111190-95 percentile l Ozone , 80-90 percentile Diesel Particulate Matter bit 70 - 80 percentile , 0- 0pernennle - Air Toxics Cancer Risk j - Legai - Air Toxics Respiratory HI 6 50 - 60 percent) le w o rs French Park Less than 50 percentile Toxic Releases to Air m _ m` � no i P%j,Batatavailable Traffic Proximity z Z Z Lead Paint .. -.,I. centeN�r� Superfund Proximity RMP Facility Proximity t Santa A n a — E 5th St Hazardous Waste Proximity Flower Park Downtown Lacy - ' Underground Storage Tanks Santa Ana a' Wastewater Discharge w sra st w 9 q Supplemental Indexes w znd sr — CA W 1st St E 1st St OI Pollution and Sources w walnut st ' _ 7F- xnoa Socioeconomic Indicators — m - y� N Q� Health Disparities s cnPsmtt rive 4V Climate Change Data — p Critical Service Gaps mgeles, California State Narks, Esri, I om I om, Garmin, SafeCraph, Geo I ochnclogies, Inc, ME I I/NASA, USCS, Bureau of Land Management, EPA, NFS, HIS Census Bureau, USDA, J. Powered by Esri, 5 City Council 21 — 304 5/6/2025 EXHIBIT 4.3.2- Air Toxics Cancer Risk for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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. ,&EFAA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico is not available as cc arable to the U5. it is only comparable to the territo, w p v o � � --W-17th-s.* W 17th St OComDa re to US (-)Comnare to State Particulate Matter 2.5 Particulate Matter IAir Toxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes IW Pollution and Sources A. Socioeconomic Indicators IV Health Disparities F Climate Change Data p Critical Service Gaps Washington Willard Squarc .. m w � c o � v m z z vie Center Dr Santa Ana Flower Park Downtown Logan E75creen Website I Mobile I Glossary I Help tors may not be available for territories. X - UQE] Indexes Air Toxics Cancer Risk (National Percentiles) , 95 - 100 percentile Grand F , 90 95 le - percenti \ 80 - 90 percenti le 70 - 80percentile 60 - 70 percentile 50 - 60 percentile Less than 50 percentile Santa Ana pp, r;/ Data not—llable Stahon Santa Fe Railroad tngcles, California Statc Parks, tsri, Powered by Esri City Council 21 — 305 5/6/2025 EXHIBIT 4.3.3- Hazardous Waste Proximity for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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. ,*UA EJScreen ERKS Envlronmental Justice Screening and Mapping Tool (Version 2.2} Nose n": T'?--=,Y dare fexrear r'uenc Rkv) is w avaaeue ea can.aaregy W the U$. Iris COI.c able to the ter . omfre . - 9 *Compare to US CCamparetD State r—� — --- — Particulate Matter 2.5 10-1 I17lesel Particulate Matter Sc�ara j Sti lair Taxics Canoe? Risk -I Lead Paint ISuperfund Prcmdrnity RMP Facility Proximity Underground Storage Tanks Waste wLiter Discharge iEl Supplemental Indexes mi Pollution and Sources A:r5ocioeconomic Indicators T Health Disparities A, Climate Change Data P Critical Service Gaps E75cceen We65rte I Mob -le . Glossary I Help `'f4rctroRaRy. Lrkewrs2. same of the indicetvm may rro¢#e avar sNe t'wferritories. X Snnla Aril, (A I)JF, (yf]E] indexes I Hazardous Waste Proximity tNational PercPnrilPs} - DO percenwe ours 95 petcemile P-.«Ar�l� ... J Orr 7D 80 p--ti6 Lngan -. .-'Operce"iie Park _ .....•r :}percentile Santa Ana Down[o'on Santa Ana ,rgelcs. Cs1 Ford ; jatc rarks. tsn. I nn-,1 rm 6arn-.h. tiafcljra. F. i,co I cehnolocna 1-c. -M I I.'NR.in• ISC-S CiUrCnLl Of _ qd klanag: T�n:,t, tl'A. NYS• US Ccnsus Vii cau US.A LI... Powered 6y =sn 7 City Council 21 — 306 5/6/2025 EXHIBIT 4.3.4- Diesel Particulate Matter for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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%. /EPA EJ Screen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Screen Website I Mobile I Glossary I Help Piease note; Territory data (except Puerto Rico) is not available as comparable to the US. !t is only comparable to the te�r"it�o`ry itself by usin th nta Ana, CA, e 'Com are to State' funcfionafiry. Likewise, some of fhe indicators may not be avaifable forlerrftones. X I� USA X Q W 17th St Lam' 1NTEJ Indexes [Elm *Compare to US OCompare to State W 51��E 17th E i 7th St Diesel Particulate Matter (National \ Percentiles) Environmental LJ� I--II--I L-- -L 1 t Grand ; kill - 100 percentile Particulate Matter2.5 French Court 1\ ,90-95percenrile Ozone \ 80 - 90 percentile Or - - - Willard kill 70-80 percenti le Square AirToxicsCancer Risk 015t J �i Logan �60-70percenrile - s Respiratory HI 50 - 60 percentile Air Toxic1 n —9 French Park b Less than 50 percentile Toxic Releases to Rir - ° Data notavailable - � m �ratian �ie ' Traffic Proximity z Fe Re 12 Lead Paint vic Center Dr I `` r Superfund Proximity 5 '�- RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes id Pollution and Sources sir Socioeconomic Indicators fO Health Disparities 4& Climate Change Data Critical Service Gaps tngclos, California State parks, Lsri, I om I om, Garmin, SahcGraph, Gco I echnologies, Inc, MF I IINASA, USGS, Bureau of Land Management, EFA, NPS, US Census Bureau, USDA, U.., Powered by Esri n City Council 21 — 307 5/6/2025 EXHIBIT 4.3.5- Toxic Release to Air for Logan and Lacy Community, United States Environmental Protection Agency (EPA) 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%. ZEPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E75creen Website I Mcbile I Glossary Help Please note: Territory data (except Puerto Rico) is not available as comparable to the US. It is only comparable to the territory itself by usin the 'CL re to State' functionality. Likewise, some of the indicators may not be available for territories. X �jr �� w1 o, a O Q Santa Ana, CA, USA X 0, w rnn s w tnn St —�E �ztni� OUDE] indexes ❑r❑x 00 Compare to US OCompare to State � Ir 1 \ �r Toxic Releases to Air (National E \ V Percentiles) Environmental 16th St ,95 Grand-: -104percentlle Particulate Matter2.5 French Court ©� 90-95 percentile Ozone 80-90percentile Diesel Particulate Matter Washington Willard Ewsiri,,ijt—A- ,70-80percentlle Square Air Toxics Cancer Risk Logan ,60-70percentile 50 - 60 percentile Air Toxics Respiratory HI 1 w c a Less than 50 percentile French Park 1p Sa Ana pp,�,,,, m m not Da i Santa ta available Traffic Proximity z z c naA = II Lead Paint a Center Or zf n lSuperfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes Wi Pollution and Sources tit Socioeconomic Indicators Qi Health Disparities A Climate Change Data A Critical Service Gaps _ N � ww 61h st Santa Ana St Floer Park Downtown E 5th Santa Ana E ate St w E 3rd St iis V) E 6th St Saddleback View Lacy a E 3rd ik E 2n 0 rryolcs, Cal'rornia S-ate Parks, Esri, I om I om, Garmin, SafcGraph, Goo I .,hnologies, Inc, ME VNASII, lKS, Humau of Land Management, EPA, NPS, US Ccnsus Burcau, USDA, J. Powered by Esri City Council 21 — 308 5/6/2025 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI) 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. Taal 5 Community Conditions 5c Fe nlnra-1xi`a9r nrnl a A as nrre Ala rat I r4wvYz atn cyamina nRl.;�ihoncu.,d maao.rax Ilnkod tc hm,;ch outmnw am �dm ka- wiatars or diftf5ity inj ecoo Learn more D Sancta Ana H PI Score (3.01:10_9 perceritilfS trxs-;�M4wnhralthy conditions Cwn[yk.$$Q4 Ttm Tract has heafthler conunw ftw candktlons than lust IGL9% & Gther Califar nia Traets. Tract 744M Gnmty '�CitylTu&ai ) Tract brarRu } Sarrta fine 7 7"im i'Lriu .Lon. t _- r-i .a HPI Score OM Percentile Ranking Lox— More hoalthy community conditions 4 25 54 35 100 ExclLccc 5dcrt cawraphy rr}M - I ME 9 ISOWIN ' .� Z 2VZZ Fhe Nblr_ i-leanh Munce el SwMe:n :,ta'Ta i rno- Fuapc Heslh Aliaoe it hsaxh' 4namrec h, Ili_ FLh1 r-et- -n nluir ' . 'Anmx5: In poe It 10 City Council 21 — 309 5/6/2025 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI), Lacy Neighborhood (Continued) Using the HPI mapping tool, the Lacy neighborhood ranks at a 9.6% of the least healthy community conditions. Tools Commu niter CDnd itiorrs x !:,pi.�the CWWnla HeWtN Rams Ir yeKscore taex.mim iwij jigm luxcl ii�%mi h" b Imahli Erik iiu� awl U'trr LmV indiralors aF dirersily ziidt ity% Learn mare } Santa Ana HPI Scare(3.0). 9.6 percentile About Darudhedmep Aare i] 51m In HPI Score L3Aj Nmenu le Ranking Lrs.i Mdr hi, lI" camm*FLmNy — wnditi4-ra 3 25 51) 75 l3. •-I, y y r aelext RwaP4 Tract 755A5 HPI s:.. r jm Parmnt*;Valueh6UM295', PPFW Cach Mr mere ,eh751 L&n 4 More health-1 biwidltlont T, Alin Cky r Tv.-n : 23.0 f L Ceurrt-e &Y. Md 4� ThilSTract has healthier community mriditlons ttim aust ■ 9A%at other C'allftrrni2 Tr.ir.19 tC y 8 2]C2tic 3-t:rc 'tea d� 814ncc cf3oLihcm : jWviQ I TM. n,G I_ icdthf l lan_c Is iseah- sps,,ie-el tr? ire P.blE Fkab insrhm. WwpUu f, C %rSm L%1-1:p Yrprak+c this map 11 City Council 21 — 310 5/6/2025 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI), Logan Neighborhood (Continued) Using the HPI mapping tool, the Logan neighborhood ranks on the LOW end, showing nearly 11% of the least healthy community conditions. Tools �D 2022 Tr,e Pupisc Headh �llance of Southern CalRornra I Tne Pudipc Hearin Auiaric-e 15 fiscailY 5QGmored by the Putoit Healm ImEdute ? � Naaoox t OpenStrt-elMap Improve this map 12 City Council 21 — 311 5/6/2025 EXHIBIT 4.5- CalEnviroScreen 4.0- Logan and Lacy Neighborhoods 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. m Falrkrave n � WemvrNl Om Pa FiL Trash Ave L anti Clan Avc Garden.Grove,Fwy-..^w......� n z 3 _ 2 v y N Bristol r i' 3 Ii . _ _ hlalk9l pla[ m ti, _ � w le 3anla ° o = Gala. V Is u, p m H. L I,I Ave W Hazard AYE 'M :[ WJtowik = Z '� Gooceurs4 Civic Centex Or0, _.. ,,A, Wsn :t C U Nhrl Sant W Santa Ara bl-,d E•4th.St l3olsa•Ave n W �St'St f.11W.. : ii. J N c [ 3 >1tF2daenAvr N y 5rfarina u I t =2 E MCFjdi cn Av' M L cr Ave ro C n t > OOo, � U Sgmrir YVEderger ;:c F EdIITJCr Ave Rvgonei Purl ML* Square Regan! Park Mia Square GoN Course G., drnerAve _ n^J ,N-Warnir•Ave• f •t— kr F�ntl r ' Fountain Valley �1 Q _ ? N o N r. EDyer Rd^ Lo TabcatAre -_ ,� 'q v � Th a y Ellis -Ave V; •,nrll•.arer Ave - Soulh GaBrl -Anna .t3.WA. — 9 - e T Esri,rH€R ,.�armin;•FACJ, 1\10AA, IJ S, FPA j Hoarier, P1.�:P?.,'RJ„P�,,+li,y6i PSTa::I•::=: from U.S C: ns458i eN ii 2p29 P,k l tl:3sv74-171 1 le-. Legend CalEnviro5creer 4.0 Results . > 90-10NHig hest Sccresi lr . a80-90 a70-80 T15$5t�. r4 >60-70 >50-60 > 40 - 50 >30-40 . >20-30 . >10-20 . 0 -10 (Lowest Scores) 13 City Council 21 — 312 5/6/2025 1 SD-84/Transit Zoning Code (TZC) Moratorium and Ordinance Amendment Frequently Asked Questions This document provides information about the Specific Development No. 84 (SD-84) zoning district, otherwise known as the Transit Zoning Code (TZQ, moratorium and the proposed ordinance amendment. Please note, the information provided in this FAQ is for general informational purposes only. Interested parties should review the proposed Moratorium text and the Ordinance text for detailed information and applicability. 1. When does the moratorium expire? The Transit Zoning Code (TZC/ SD-84) is a special zoning district in central Santa Ana designed to create a pedestrian -friendly, transit -oriented community while protecting existing neighborhoods. TZC industrial moratorium began with Ordinance No. NS-3063 on April 16, 2024, as a 45-day urgency measure. The City Council then adopted Ordinance No. NS-3064 on May 21, 2024, extending the moratorium for an additional ten months and fifteen days. The current moratorium will expire on April 15, 2025. 2. Why was the moratorium adopted? The City Council adopted the TZC industrial moratorium on April 16, 2024 to immediately protect public health, safety, and welfare from industrial uses causing significant pollution burden to adjacent residential neighborhoods within the TZC district. The action addressed historical land use conflicts in the Logan and Lacy neighborhoods, where industrial uses have remained, changed ownership, expanded, or intensified despite the area's 2010 transit -oriented zoning designation. CalEnviroScreen 4.0 data confirms these neighborhoods rank at 90 percent or above among California's most pollution -burdened communities, with documented exposure to various environmental hazards. The existing Industrial Overlay Zone (I-OZ) created inconsistencies with the General Plan's mixed -use designations and allowed industrial uses to continue operating near residential areas. 3. What impact does the moratorium have on business permits and future development? The moratorium prohibits the establishment of new, or expansion or intensification of existing, industrial businesses within the TZC. Existing industrial businesses can obtain permits for work that is for routine maintenance, or of a similar nature, that does not result in new, expanded or intensified use. The moratorium does not impact residential, commercial, or mixed -use development in the TZC plan area. 4. How does the proposed permanent ordinance to amend the TZC propose to regulate industrial intensification within the plan area? The ordinance would remove the industrial overlay and remove industrial type uses from the permitted uses table in the TZC. The removal of the overlay and of industrial type uses from the permitted uses table would render all existing industrial businesses within the plan area as nonconforming, thereby prohibiting the expansion of the existing industrial businesses and the establishment of new industrial businesses in the plan area. Moreover, the ordinance would prohibit intensification of nonconforming industrial uses, meaning the businesses would be prohibited from expanding operations that result in more potential impacts. S. Does this impact commercial businesses or residential uses? The proposed amendments primarily address industrial uses within the TZC district. Commercial businesses that are Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 313 5/6/2025 2 compatible with mixed -use and transit -oriented development will continue to be permitted uses in the TZC. The amendments aim to enhance the compatibility between residential areas and neighboring businesses by removing industrial uses that create environmental and health impacts. These changes support the original 2010 TZC vision of creating a transit -supportive, pedestrian -oriented development framework that strengthens the area's mixed -use character while protecting existing residential neighborhoods. The amendments focus on safeguarding the residential communities in the area from industrial impacts while maintaining appropriate commercial activities that serve neighborhood needs. 6. How does this ordinance compare to similar policies in other cities? Most cities, including the City of Santa Ana, regulate nonconforming uses and structures. Several cities also include abatement or amortization processes to further regulate and terminate nonconforming uses and structures to advance overall land use policy direction. A few cities target termination of specific nonconformities, such as adult entertainment, industrial uses, and billboards or other types of signage, or certain types of buildings or structures. The City of National City has a well -established industrial amortization program, reviewing and ranking various businesses to be prioritized for amortization. 7. What are the differences between the M1 and M2 overlay, and how does it impact businesses within each zone? The Industrial Overlay (I-OZ) Zone is currently applied to areas that were zoned M1 (Light Industrial) or M2 (Heavy Industrial) and occupied with an industrial use when the TZC was originally adopted in 2010. As written, this overlay allows the type of land use activity and development permitted by the M1 and M2 zoning districts to continue until such time that the owner chooses to develop to the standards in the new residential and mixed -use zones that were applied to all of the properties within the plan area when the TZC was originally adopted. In order to determine if the M1 or M2 land use activity and development apply to a particular parcel, the I-OZ was further identified on the regulating plan (map) as I-OZ-M1 or I-OZ- M 2. 8. Why is the City considering permitting residential on industrial properties? All of the properties within the TZC were assigned zones that permit residential and/or mixed -use development in 2010, when the plan was originally adopted. The proposed ordinance would not change or affect the zones that are already applicable to the properties within the boundary of the TZC. Rather, the proposed ordinance would simply remove the industrial overlay that was applied to certain properties within the plan area that had existing industrial businesses when the plan was adopted in 2010. 9. Why does the proposed ordinance prohibit the conversion of residential land uses or buildings to non-residential uses in the UN-1 and UN-2 zones of the TZC? UN-1 and UN-2 zones are applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood serving retail and cafes. The proposed ordinance would prohibit the conversion of residential uses/building to non-residential uses in these areas to strengthen and stabilize the low intensity residential nature of these Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 314 5/6/2025 3 neighborhoods, while still allowing some limited neighborhood -serving commercial uses on properties that are already non-residential in nature. 10. How will this ordinance affect businesses that want to sell or transfer ownership to future owners? As proposed, the ordinance will not affect the transferability of nonconforming industrial uses, as defined in the ordinance, to future owners. However, the nonconforming status of a business that meets the definition of a Noxious Use, as defined in the TZC, would lose its nonconforming status when the business ownership changes or if it meets the code enforcement thresholds established in the proposed ordinance. 11. How does the City determine when a business has transferred to new ownership? All businesses operating in commercial locations must obtain a Certificate of Occupancy (COO) from the Planning Division before receiving a business license, while those in residential areas must secure a Home Occupation Permit. A new COO is required whenever a business changes its use, changes ownership, changes location, expands, or changes its name. Businesses that do not apply and obtain a COO may face code enforcement action. 12. What is a nonconforming use? A nonconforming use is a use that was lawful when established but became unlawful due to new or amended ordinances. These uses are sometimes referred to as "grandfathered" uses and are typically allowed to continue without expansion or intensification. The SAMC defines "nonconforming uses" generally as uses initiated before July 20, 1960, or those that were compliant with applicable provisions when established but later became nonconforming due to code changes or public agency property acquisition. 13. What is amortization? Amortization is a tool that provides a reasonable transition period for owners to phase out a nonconforming use. This "grace period" allows owners to recoup their investments before the use must cease, and serves as a lawful equivalent to "just compensation." Under the proposed ordinance, the City may consider amortizing certain nonconforming industrial uses based on factors enumerated in the ordinance. If the City elects to eliminate a use through amortization, a reasonable amortization period would be determined by an independent hearing officer be based on an individualized assessment. 14. The proposed ordinance references the use of a Hearing Officer for determining amortization periods in cases where the City elects to pursue elimination of a business/use through that mechanism. Who serves as hearing officer and what educational/professional background do they have? Hearing officers typically possess a background in law, urban planning, public administration, or a related field, and are already on retainer by the City of Santa Ana to adjudicate certain code enforcement appeals and other matters. Cities often utilize hearing officers to provide a neutral and impartial forum for dispute resolution, thereby increasing procedural fairness and public trust. Additionally, hearing officers often bring specialized expertise in navigating complex regulatory frameworks, which can streamline the hearing process and lead to more informed decision -making. The proposed ordinance requires that any hearing officer retained for the purposes of administering the amortization provisions must possess land use and legal background. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 315 5/6/2025 4 15. What industrial businesses would be considered nonconforming if the ordinance were adopted as proposed? The proposed ordinance defines nonconforming industrial use as a use established on any parcel or within any building located within the boundaries of the TZC that is listed in the uses permitted or uses permitted subject to a conditional use permit of the M1(Light Industrial) or M2 (Heavy Industrial) zoning districts but that are no longer permissible through the proposed amendment. As such, all industrial businesses would be considered nonconforming if the ordinance were adopted as proposed. 16. What are the differences between a nonconforming industrial use and a noxious use? A nonconforming industrial use is a use established on any parcel or within any building located within the boundaries of TZC that is listed in the uses permitted or uses permitted subject to a conditional use permit of the M1 (Light Industrial) or M2 (Heavy Industrial) zoning districts but that are no longer permissible through the proposed amendment. A noxious use, as the term is defined and used in the proposed ordinance, is a nonconforming industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two or more of the following: 1) Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; 2) Operations that are regulated by and require a permit from a federal, state, or regional agency; 3) Storing, processing, or disposing of listed or hazardous waste; or 4) Operations that are not contained within a fully enclosed building. If an existing industrial business does not meet the criteria included in the definition of a noxious use, then it is considered a nonconforming industrial use. However, if the nonconforming industrial use meets the criteria of noxious use, then the business is also considered a noxious use. 17. How is artisan/craft product — limited production defined in the proposed ordinance? Artisan/craft product - limited production is defined as a specialized commercial facility with a retail -facing operation open to the public. Products are typically made by hand or with a restricted level of automation demonstrating an artistic skill. On -site production of artisan/craft product activities include design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are not limited to, electronics, food products, furniture -making, beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities. 18. What adjustments can be made to operational business hours to mitigate noise concerns? The proposed ordinance does not include language modifying noise standards. However, the proposed ordinance does include hours of operation that would apply to nonconforming industrial uses, which would limit noise impacts experienced by residents of the area. The TZC currently requires approval of a conditional use permit (CUP) for any business operating between 12:00 a.m. (midnight) and 7:00 a.m. During the CUP consideration process, the Planning Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 316 5/6/2025 5 Commission may approve specific conditions of approval to address individual noise concerns on a per -application basis. 19. Can the City require a CUP and conditions of approval for noise regulation to existing nonconforming industrial businesses as done for late -night establishments? A CUP and conditions of approval cannot be applied retroactively. The TZC currently requires a conditional use permit for late -night operations, and through Planning Commission approval of conditions of approval, noise -generating activities can be addressed on a per -application basis. 20. How were noise level limits determined, and do they align with City standards? There are no proposed modifications to the TZC's existing noise standards. 21. What standards are proposed to mitigate air contaminants from industrial businesses? The proposed TZC amendments require all operations to be conducted within enclosed buildings, with measures to prevent dust, smoke, and other air contaminants. While businesses must comply with South Coast Air Quality Management District (SCAQMD) permit requirements, it's important to note that regulatory agencies rely on self -reported emissions data rather than independent measurements. The City's standards require enclosed operations, proper materials handling, and controlled loading activities. For specific requirements, please refer to Section 41- 2009 of the proposed ordinance regarding Operational Standards for Nonconforming Industrial Uses. 22. How does truck idling impact the environment, and how can it be controlled? Truck idling releases high levels of nitrogen oxides (NOx) and particulate matter (PM 2.5), contributing to respiratory diseases, cardiovascular illnesses, and increased cancer risks, in accordance with the Environmental Protection Agency (EPA, 2023) and California Air Resources Board (CARB, 2023). While anti -idling laws exist, enforcement by South Coast Air Quality Management District (SCAQMD) is limited due to resource constraints and the requirement for in -person violation confirmation, making stricter enforcement and alternative mitigation strategies essential (SCAQMD, 2024). 23. What role do external agencies play in regulating businesses in this area? Several agencies regulate air and water quality to protect public health and the environment. The Environmental Protection Agency (EPA) sets national air quality standards under the Clean Air Act (CAA), while California Air Resources Board (CARB) enforces statewide pollution and emissions regulations. South Coast Air Quality Management District (SCAQMD) oversees regional air quality compliance in Southern California through permitting, monitoring, and enforcement programs. Additionally, the California State Water Resources Control Board (CSWRCB) and its regional boards regulate industrial wastewater discharge and water pollution under the Clean Water Act (CWA) and Porter -Cologne Water Quality Control Act to safeguard water resources. 24. Are these agencies issuing and enforcing permits for air quality and other regulations? Yes, businesses must obtain emissions permits under the Clean Air Act (CAA) and CARB regulations, with periodic reporting required to maintain compliance. However, the City's experience with these outside agencies shows that enforcement is often limited, as violations must be witnessed Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 317 5/6/2025 ll in real time by an inspector, who may take up to three hours to respond, with restricted weekend availability. Additionally, video evidence of violations is not accepted under current policies, making enforcement more challenging. 25. Is there ongoing air quality testing in the TZC? Yes. Air quality monitoring in this area is conducted through multiple agencies. The South Coast Air Quality Management District (SCAQMD) provides regular monitoring and responds to community complaints. The CalEnviroScreen 4.0 data tracks ongoing pollution measurements, confirming these neighborhoods rank in the 90th percentile for pollution burden. The Environmental Protection Agency's (EPA) environmental justice mapping provides additional air quality monitoring data. 26. How are violations currently tracked, and what code enforcement reports exist? City staff have an internal process established which tracks and monitors incoming notice of compliance and notice of violations given to a particular business/operator from federal, state, or regional regulatory agencies. However, this process is dependent on the collaborative communication with external regulatory agencies' reports and enforcement, which has been limited. 27. What measurable environmental impacts justify this ordinance? Data from CalEnviroScreen 4.0 ranks the TZC plan area among the top 90 percent of California's most pollution -impacted areas, with high emissions from toxic releases, traffic, and diesel particulate matter. According to the EPA and CDC, prolonged exposure to these pollutants has led to 58 percent of children suffering from asthma, 84 percent of newborns having low birth weight, and 49 percent of residents experiencing cardiovascular diseases. Additionally, asthma -related emergency room visits in TZC are 117 percent higher than in the nearby city of Tustin (CDHHS, 2019), underscoring the urgent need for stricter air quality regulations. 28. Can the City address environmental concerns in the area without displacing or forcing businesses to relocate/close? The proposed ordinance aims to address the quality -of -life issues experienced by residents in the area through adoption of operating and development standards that would be applicable to industrial businesses, and by establishing a framework for amortization that the City may use for businesses that meet certain factors. Nonconforming industrial uses that comply with all applicable standards, would be permitted to remain in their current location and would not be forced to relocate or close. 29. What programs or alternative solutions exist for impacted businesses? Impacted businesses can continue to operate in their current locations, provided they comply with all applicable operating and development standards. 30. How does this ordinance affect financial factors such as jobs, tax revenue, economic growth? The proposed ordinance amendments do not require any immediate closure of businesses within the affected area. Should individual business owners and property owners elect to modify business operations, cease operations, or redevelop properties with new uses, financial factors would be evaluated on a per -application basis. Therefore, estimating any financial impacts of the proposed ordinance would be speculative. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 318 5/6/2025 7 31. What steps have been taken to ensure effective community engagement? The City has implemented a community engagement strategy that includes multiple formats and opportunities for participation. Since April 16, 2024, engagement efforts have included a community information meeting at the Santa Ana Train Station; regular in -person meetings at City Hall with business stakeholders and residents, together, with opportunities for discussion; field visits to affected neighborhoods have allowed for direct observation and community input in context; and tours of industrial businesses. The Planning Commission Study Session and subsequent public hearings have and will also offer formal venues for community feedback. Additionally, the City maintains a dedicated project webpage (www.santa-ana.org/transit- zoning-code-update/) that provides regular updates, meeting materials, and upcoming engagement opportunities, as well as contact information for project staff. Additional outreach has included neighborhood -specific sessions with Lacy and Logan residents, one-on-one consultations, direct email communications, phone calls, and coordination through the Environmental Justice Action Committee. 32. How does this ordinance promote common ground among stakeholders? The City ensured business owners and residents were informed about the meetings through door-to-door canvassing by City staff, as well as announcements on the City's website, NextDoor, Neighborhood Initiatives and Environmental Services' (NIES) Mailer, and the NIES Newsletter. These efforts facilitated open communication and engagement, fostering collaboration among stakeholders. 33. How can the public be involved in the process? The public can participate through multiple channels. Community members can attend public hearings and Planning Commission meetings, visit the project webpage at www.santa-ana.org/transit-zoning-code-update/ for current information and updates, and contact the Planning Division directly with questions or concerns. The City continues to hold focused community meetings and maintains open communication with residents, business owners, and stakeholders throughout this process. 34. What additional outreach efforts should be made before implementation? The City has established robust interdepartmental and interagency coordination to support implementation. The City maintain active collaboration with Orange County Fire Authority (OCFA) regarding safety compliance and emergency response planning, and the South Coast Air Quality Management District (SCAQMD) for technical guidance on air quality monitoring and compliance. Internal coordination continues between City departments including the Planning Division, Code Enforcement Division, Santa Ana Police Department, and the Public Works Agency to ensure comprehensive implementation oversight. The City's Neighborhood Initiatives and Environmental Services team coordinates with federal and state agencies including CaIEPA's Environmental Justice Team and the Centers for Disease Control (CDC) to identify additional resources and support for affected communities. The Environmental Justice Action Committee, comprising residents, community organizations, and agency representatives, helps guide implementation priorities. Given these established partnerships and communication channels, the City is prepared to move forward with implementation while maintaining these collaborative relationships to ensure effective oversight and responsive community support. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 319 5/6/2025 M 35. How does the TZC compare to the West Santa Ana Boulevard Focus Area? The TZC area and West Santa Ana Boulevard Focus Area have fundamentally different General Plan land use designations and regulatory frameworks. The TZC was established in 2010 with mixed -use General Plan designations throughout, but retained an Industrial Overlay Zone (I-OZ) that allowed industrial uses to continue, creating inconsistencies. The West Santa Ana Boulevard Focus Area has its own distinct General Plan designations and does not have an industrial overlay. The proposed ordinance would remove the TZC's Industrial Overlay Zone, bringing its zoning into alignment with its mixed -use General Plan designations and supporting the area's intended transit -oriented, pedestrian -friendly development pattern. 36. Will this process be applied to other parts of the City? The proposed ordinance amendments will only affect the area zoned as the Transit Zoning Code (SD-84). The City is also underway with a comprehensive Zoning Code Update, which is a separate and ongoing effort to update and modernize the City's Zoning Code to reflect the goals and values of the General Plan Update from 2022. 37. What type of environmental document pursuant to the California Environmental Quality Act (CEQA) will be prepared for this project? The City, as the Lead Agency, has determined that the proposed ordinance and map amendment are subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). An Addendum to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) has been prepared by the City to evaluate the impacts of the proposed ordinance amendments. Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. City Council 21 — 320 5/6/2025 28. 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. Department(s): Recommended Action: 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 SANTAANA EXTENDING 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. City Council 21 — 321 5/6/2025 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 City Council 21 — 322 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 2 City Council 21 — 323 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 3 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. City Council 21 — 324 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 4 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. City Council 21 — 325 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 5 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. City Council 21 — 326 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 6 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 City Council 21 — 327 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 7 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 CaIEPA 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, City Council 21 — 328 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 8 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 Nunez, Acting City Manager City Council 21 — 329 5/6/2025 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 - City Council 21 — 330 5/6 f 11 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; and • 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 -XXXX City Council 21 — 331 5/6 f 11 • 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 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 • 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 - City Council 21 — 332 5/6 f 11 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 (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 • 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 -XXXX City Council 21 — 333 5/6 2 f 11 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 - City Council 21 — 334 5/6 f 11 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, 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 • 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 -XXXX City Council 21 — 335 5/6 f 11 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 - City Council 21 — 336 5/6 f 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 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 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 -XXXX City Council 21 — 337 5/6 f 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 may 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 - City Council 21 — 338 5/6 f 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 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 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:LLM0- Laura A. Rossini Chief Assistant City Attorney Ordinance No. NS -XXXX City Council 21 — 339 0 f 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 Ordinance No. NS - City Council 21 — 340 0 f 11 Exhibit A 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 City Council 21 — 341 5/6/2025 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 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. City Council 21 — 342 5/6/2025 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 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 City Council 21 — 343 5/6/2025 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 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, lacofano, 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 CaIEPA 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. City Council 21 — 344 5/6/2025 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 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. 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 Nunez, Acting City Manager City Council 21 — 345 5/6/2025 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 191h century, predating modern Ordinance No. N5 - 3063 City Council 21 — 346 5/ / 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 Pale uncil 21 — 347 5/6/2025 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 201h 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 901h 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. NS - 3063 City Council 21 — 348 5/6'/Ml 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 Patti uncil 21 — 349 5/6/2025 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 City Council 21 — 350 50MM 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 (4/6) 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 Pad uncil 21 — 351 5/6/2025 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: 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 City Council 21 — 352 5/6/ 0 s 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: ennifer . Hall C i �C—I rk City of Santa Ordinance No. NS - 3063 Pam ;uncil 21 — 353 5/6/2025 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 SANTAANA 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. City Council 21 — 354 5/6/2025 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 484308 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 City Council 21 — 355 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 2 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 (1-5) 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 City Council 21 — 356 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 3 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, 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. 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. City Council 21 — 357 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 4 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 20t" 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 (CaIEPA), 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 City Council 21 — 358 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 5 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 City Council 21 — 359 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 6 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 12tn 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 City Council 21 — 360 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 7 greater, ranking in the 90t" 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. City Council 21 — 361 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 8 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 Nunez, Acting City Manager City Council 21 — 362 5/6/2025 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 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 19t" century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and Ordinance No. NS - City Council 21 — 363 5/67MV 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 -XXXX City Council 21 — 364 5/67MV of 8 land due to restrictions and covenants based on race during the first half of the 201n 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 90t" 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 - City Council 21 — 365 5/676R 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 (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 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 -XXXX City Council 21 — 366 5/6/M.9 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 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 this ordinance, has found to be unacceptable; and Ordinance No. NS - City Council 21 — 367 5/6/NP 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 -XXXX City Council 21 — 368 5/6/MP 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 Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Ordinance No. NS - City Council 21 — 369 5/6/TdN 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 Ordinance No. NS -XXXX City Council 21 — 370 5/6/TdR of 8 EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps oesn- Lacy and - . 4, 4,4 .. 4 E A, ► n A,. •` � _ �J � CA U11he AV9 21.13: PORT UL- 7 a I: AVY. SAN`A AVA -20th s: I IAA N I: I' E 191 h 5[ W 13[h ;t L l F 1R1 114 ar prnll- Gt E1rYh yl E 1BIh Si 7 11I lam -t GRAND FRENCH gU h P. I.`- kYal\s� COURT E Wets - r'..• 0 AV* Y1ILLAR7 E WjL@hi wP;;t , ., � Y1A3LIRY PARK r LOGAN � # g r4 F °' g rrctlwL:i P AP V n e \.-.Q - `. a Ceder 7r O It s 5 Aia SS7,rta w Fi E Rir Sr �tiaA SAAflTA ANA nle Pxg rMh 41 1n'sll,st Ih rI LACY ShDDLEEW�:K V IFY'J U CAP TU'NN ,a � ,%ANTR AIIA E41h Si ,� a K N ]rd 5 E 7rd St -E 3rc 61 c_wc, S = aelrrrn R rr E 14! $1 i'iEl.Ir1�EI o 91"en ry �+ N � ydewt � C � E Walnul St a P_ ❑_ Q m 1 G �Iny 5t = Pi— 81 t !� lnirrrrncdi�lr ,.mte ,lne ffijh N n N _ u - m Schoa 5:tS4M At C-a aieul A— E [h.xtn i E Ch,IflRUt 4v4 IinMhl�� C N7rkl.Ot a<r--ra r SLh�41 O W Car 61l 31 14F7 N A G IZ S rialnn 3l W Elchrr Sr PARK A :� PACIFIC F 6t911np S: VC1M STr+ 3 i FARM �+ m T ❑ 500 rn v � `c � E Oiau. Sl a 1,C�(lOf. O mm T r�L WaYeharr Rr- City Council 21 — 372 5/6/2025 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. COMMUNITY SUMMARY Lacy and Logan Combined Area: 0.38 square miles 5,907 1.9s% 3.73 15,531-7 27.0 $698,232 1,546 33.2% 61.5% 5.3% Popula:on Population AverageHH Population dianAgv Median Total Me Total Growth Sao Densq Home Value Households Age �18 Age 18-64 Aga 65* 2023 Race and ethnicity (Esri) Age Profile: 5 Year Increments The largest gmupi Hispanic Origin (Any Race)(89.74) The smallest group: Pacific IslanderAlone (0.12) 85 85 Indicator a Value Riff 80.84 80-64 White Alone 16.37 -25.16 Females 86.kAlone 0,76 -0.94 75.79 7579 ✓ales American Indi-WAlaska Native 4 28 -3.06 70.74 70.74 Alone Asian Alone 2,69 -20.41 65-69 65-69 Pacific IslanderAlone 0.12 -0.16 60-64 60.64 Other Race 52.24 +34.45 T a yr Mnre R- 23,53 . 9.14 55.59 55.59 Hispanie Origin (Any Race) 99.74 -S4.55 50.50. 50.54 Bars show deviation from Orange County 45.49 45-49 40.44 40-4 3539 i 3539 Household Income 3034 30-34 30% 2S•29 , 25.29 20% 20.24 ' 20-24 10% 15.19 ' 15-19 0% 10-14 ' 10-14 18 14 10 6 2 2 6 10 14 18 soma: ma: iMogrwpt.ic contelna der. proHd� ny Esrl lzoza, z02aI,...Gs I2917.20211. Outs show comparison Orange County to Source: This infographic contains data p o. &d by Esn 12023. 2028), ACS {2017.20211. 32.9% 30.8% 5ervicer Blue Collar Home Ownership Own *Rent 11" 36.3% White Collar Housing: Year Built ax 80i ai A* lSx 0% 12x 9% 9x 19x 7x `^.. e1939 S 19.0. 9 0 1950.59 196049 • 1970.79 0 1984-69 1990-99 9 200049 2610-19 a 2020 Educational Attainment INCOME 13'X 2x dY 11% s0x 1� S 31'X, .V �• 21- $56,864 $23,495 $24,543 14% Median Per Capita Median Household Income filet Worth c 9N Gnd. 0 Neopl- Income ID HS D.pt.m. GED 0 S-C.l4g. • A- D.gn. Gr.d o.q... 0 2024 Earl City Council 21 - 373 5/6/2025 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. J Gard"n Grove- r �Bolas•Ave Bshop PI WFaften Ave w` la.kil A,e F.alil rdl . inri r l V. Farts co I- Sant,) Clara Ave 2 Elvis # Legend Marke[plec ;`i 171r Song _ e - CalEnviroScreen 4.0 Results Z College ,� f v Wilowick .. z>90-100 [Highest 5coresJ Golf Counq 2 Civic Cs n�•I•i '•� ;r, r7st ;v rn r Santa a ' Leo 90 'A' sanla Ara 9P:d� F It 5! --- 65 ' �70-so I. u, y _ >60-70 n A•,._ c v. m 3 " - I f.1 p lr \� �40-50 udEairgcrrs r. I I.lurr.I ' �30-40 'v j1An'.:wPi '. ' >20-30 > 10 - 20 n .�I��YI•Warn�r•Ave`U� •n„ nti -"yv 0.10 (Lowest Scores) - i 2 ^, m v, - J EDycrRdC no o � IYi Alton Ave - The Cistrcl 4 F al Tustr v: P` Lega ' J: South aL.n1k,— Ave �r � m. PlazaAntnn t?Iv5 • _ a,s��r_.et. .r.r:_ 1' Irvine o •ui, HFRF, iinrrnin, F^-.(�, NOAA, ll (S, FF'A Hc:dcicr, P'; F `i, R3. R'd, H`. a nd F'S Ta:a•: •: fr:n•r U.S. Grr:a.:; 7ur::r:n'�: 7'X" F'uA :: I :ru 'N 1'l 11(,:: .:. F'ufrl :'.� '•?4 11 'Ic::. '.'Jr, ctnl :r6ti: Ava Hazard Ave n W 1st 1 y ' VJ h§c Fadtla i City Council 21 — 374 5/6/2025 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. OEHHAEnvironmental Topics About Proposition 55 News and Events Library Search +rz SIB53S Disadvantaged Communities Lamuscn Ave a "°R-Ik"' �° 2022 (Census Tracts and Tribal Areas) _ a � Garden G as car ■ Ac�irn Ave a°n•Gr°yerFWy• G.s rden Gm ve Btvd - N , Fairha __ ° htemorral " w Park Fooihil Gaide m ' E Santa _ Clara Ave a p o North Tustin A 6risbl 2 e "0 P� 1r m 4 ¢ (?6 v, m -' ." Ha PrA AvePi' v HIV iC C rNCr t)I '. tied Yr 5�rh 5t I Santa Ana _ E•4th.St 3u .. 90 Ea•AYe a 4 55 T6 tin f eve°Tushm Yr= Bishop PI 2 - 6 I}nch - en Ave '. INtUt Fadde Ave N E '' Golf Cluk - a -2 .• w Sa�.o on m vid l.B.hWr Edrrrler Ave 'Reati °90• Go IF Course M tie Square .�� R�gnrwl Park � Milt' squaro INSI Anq 41t Ragunat Park L �fer., h 35 Gvlf Courw !� 261 nq. W ar n er•A v ° y149a rn Fountain c` F d ry valley 1�4 J .y" R`. y 9!N 1 l i., cP _ VV Alto n Ave k ¢ v ""- - Ti be. rl Ava -,r NEAA, u5G5, EI'A. NFS FOEHHA, C:al-1'A Powered by Esn City Council 21 — 375 5/6/2025 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. ATSDR Environmental Justice Index (EJI) Explorer Sh—hg 1 X CMATS DR Environmental Justice Index 2022 For more information on EJI indicators, click on the indicator names in the table below. Nora: ® indicates a score of 7D.75 or high prevalence of a chronic condition rest xation Census Tract 750.02, Orange County, California 3taI Population 8,236 JI Rank ®0.88 nvironmental Burden hank 10.84 ucial Vulnerability Rank ®0.95 0, d X Environmental Justice Index 2022 EJ1 Rankings (Ouartiles) RPL_EJI Low 0 Low to Moderate Moderate to High High No Data 0— Ozone 0.65 PM2.5 10-97 Diesel Particulate Matter ®0.76 Air Toxics Cancer Risk &0-76 + a% City Council 21 — 376 5/6/2025 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. 02 ATSDR Environmental Justice Index (EJI) Explorer August24, 2023: Data values for several fields in the 2022 EJI dataset, including EJI Rank, have been updated. Please see the EJI Data Download page for more information. .u� i�M! 1. Select State All States 2. Select County All Counties v c0 Fo in[ Nc pro City Council 21 — 377 5/6/2025 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. A ►EPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico is not available as corn arable to the US. it is only comparable to the tei - W 17th St *Compare to US OCompare to State Particulate Matter 2.5 IDiesel Particulate Matter iAir Toxics Respiratory HI Toxic Releases to Air T-Wk Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes AI Pollution and Sources Socioeconomic Indicators Health Disparities Climate Change Data p Critical Service Gaps Washington Squarc Santa Ana Downtown r= 5th St Lacy E]Screen Website I Mobile I Glossary I Help tors may not be available far territories. X AJ[kDE] Indexes ©o AirToxics Cancer Risk (National Percentiles) Grand ; , 95 - IOCpercentile , 90 - 95 percentile \ 80 - 90 percentile hj 70 - 80 percentile , 60 - 70 percentile Logan 50 - 60 percentile Less than 50 percentile Santa Ana Data not aval lable Station Santa _ Fe Railroad \\ E 6th St\� E 6111 St \ \ tngeles, California State Parks, Lsri, I om I om, Garmin, SafeGraph, Goo I cchnologics, Inc, MIL I Il USGS, Bureau of Land Managnmcnt, LFA, NPS, US Census Bureau, USDA, U.,. Powered by Esri City Council 21 — 378 5/6/2025 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%. ,ill EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico) is not available as comparable to the US, it is only Y comparable to the territory itself by usin the W 17th St IL *Compare to US *Compare to State Particulate Matter 2.5 lAir Toxics Cancer Risk Air Tcxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes Pollution and Sources tit Socioeconomic Indicators Q� Health Disparities Climate Change Data p Critical Service Gaps re EJScreen Website I Mobile I Glossary I Help ;om are to Siate' fnncfionafity. Likewise, some of the indicators may not be available for territories. X Santa Ana, CA, USA X Q ©E] Indexes o0 171h St Diesel Particulate Matter (National \ Percentiles) , 95 - 100 percentile \ Grand ; French Court 90-95percentile �\ 80 - 90 percentile kk 70 - 80 percentile Logan 60 - 70 percenti I e SO - 60 percentile —Fren;h Park Less than 50 percentile S arI Ana PTData not available Station Santa F..e Ra Irnad E 6th St �� 8j�_tj�� Lo,J � Saddleback View E Slh Stc Lacy Ve a,e E 2n i a ' V' z t 1 2 U 2 Xru � men � N HT [17 Pirn_I nwnll rnla State Parks, Lsri, om om, Carmin, SafeGraph, Gco I echnologics, Inc, ML I I/NASA, USG5, Uurcau of Land Management, LPA, NPS, US Census EWI'OaLI, USDA, 1, Pawered by Esrl City Council 21 — 379 5/6/2025 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. /EPA EJ Screen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico) is not available as comparable to the US. It is only comparable to the territory itself by us 1N 171h St *Comoare to US OComoare to State —' Particulate Matter 2.5 Diesel Particulate Matter Air Toxics Cancer Risk Air Toxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity lUnderground Storage Tanks Wastewater Discharge Supplemental Indexes W Pollution and Sources Socioeconomic Indicators ,V Health Disparities +1t, Climate Change Data jO Critical Service Gaps _ Square I .....-.... Diesel particulate matter level in air N w tath sr N � R K m Z Z �� .. _vie Center or W Santa Ana C Flower Park Downtown Santa Ana -err w E75creen Web5ite I Mobile I Glossary I Help are to State' functionaitty. Likewise, some of the indicators may not be available for territories. X TM nta Ana, CA, USA X Q V TE] Indexes 0® Hazardous Waste Proximity (National Percentiles) 95 - 100 percentile �rench Gour1 _ Grand : 90-95 percentile L80 - 90 percentile 70 - 80 percentile bill - 70 percentile 50-60 percentile French Park --- p Less than 50 percentile Sanla Ana Y// Data not available station Santa Fe Radrned - low E ioh St Saddleback \ E 5th St View Lacy E 4th c a E Znd St Z i st St �detlli E isl St - n,r,per entity # y� ¢ E Walnut 51 o x = E Pinc St O .hestnut Awe E Chestnnt A, oo 7.11 E Myrtic St Elementary School — �nne st la State Parks, Esri, I om I om, Garmin, SafeUraph, Gco I Inc, ME I I/NASA, USCS, Bureau of Land Management, tFA, NPS, US Census Burcdrl, USDA, U. Powered by Esri City Council 21 — 380 5/6/2025 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. A %all EJScreen EPA's Environmental Justice Screening and Mapping Tool [Version 2.2) E7Screen Website I Mobile I Glossary I Help Please note: Territory data (except Puerto Rico) is not available as comparable to the US. it is only comparable to the territory itself by using the 'Compare to State' functionality. Likewise, some of the indicators may not be available for territories. X Q p Santa Ana, CA, USA X Q JQE] Indexes o0 17th St E 77th ��1_Z1h�t__ OOCompare to US OCompare to State Q — Particulate Matter 2.5 (National Ozone Diesel Particulate Matter Air Toxics Cancer Risk Air Toxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes Percentiles) � � ' , 95 - 100 percentile LL French Coot Grand ]j C 90 - 95 percentile C80 - 90 percentile 70 - 80 percentile 60 - 70 percentile 50 - 60 percentile Less than 50 percentile Data not available — —ic Center Dr Santa Ana Downtown r E 5th St J I Santa Ana I Lacy E ]id st E Znd St W1stst -ar,i E7stst A Pollution and Sources u n Socioeconomic Indicators - „ y sama�na � High Sch [� I E' C nvt k 10 Health Disparities L + IM1tM.yctle Sr Climate Change Data w=eemil� — E Cd ile St E-- A n_I II Ain P rir I r Critical Service Gaps 5ngeles, California State Narks, tsri, 1 1 G_ i ir, ;-fat I -._: I 01Ir ',ILI N S. I,ti! S. .v _:%u _f ncl Management, EWt, NFS, US Census Bureau, USDA, U.., Powered by Esri City Council 21 — 381 5/6/2025 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%. „EPA EJ Screen EPA's Environmental Justice Screening and Mapping Tool [Version 2,2] Please note: Terrfty data {except Puerto Rfcoj is not available as cc v o ®Compare to US '0Compare to State n Environmental Justice indexes Particulate Matter 2.5 Diesel Particulate Matter Air Toxics Lancer Risk Air Toxics Respiratory HI Toxic Releases to Alr Traffic Proximity ISuperfund Proximity IRMP Facility Proximity Naxardous Waste Proximity IUnderground Storage Tanks Wastewater Wscharge Supplemental Indexes W Pollution and Sources Socioeconomic Indicators V Health Disparities A Climate Change Data P Critical Service Gaps e vu'wl, �t c Blvic Center Or E75creen Website I Mobile I Glossary I Help fo 5fare' functionality. Likewise, some of the indicators may not be avaffable for territories. X Santa Ana, CA, USA X Ck E_ nth St - J©E] Indaxea ❑►® e nth St Lead Paint (National Percentiles) _ 1111111 95 - 100 Percentile ench Court Grand: 96-95 percentile 80 - 40 percentile `Yp-BD pr. rcr, mile Ivaxh 1...: hk 50 - 70 percentile Logan 50 - by percentile Less than 50 percentile Franch Park Dm, not avw-lable - Santa Ana Flower Park Downtown Lacy Santa Ana w Z'O St 10 st "1-!,! I( € • st St E YJa1nu1 St e Ana e nhH 1 road L Saddleback View 1 N Pren L ¢ yrtle St + — w C - St —� 1-11 Ingcics, California State Narks, Lsn, oml ❑n1, Garmin, SafeGraph, Saco Icchnalogics, lnc, Mt IlNASA, USGS, bureau of tand Managrmcnt, LFA, MPS, US Gcnsus bureau, USDA, l!.. Powered by Esr City Council 21 — 382 5/6/2025 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%. 6"' EPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Screen Website I Mobile I Glossary I Help Please note: Territory data (except Puerto Rico) is not available as comparable to the US. it is only comparable to the territo itself b usin the 'Compare to State' functionality. Likewise, some of the indicators may not be available for territories. X w , u �. 0 p v Santa Ana, CA, USA X Q (DE] Indexes o0 W 17th St E 17th n *Compare to US OCompare to State Toxic Releases to Air (National a Environmental Justice Indexes r t6th St Percentiles) \ Grand ; , 95 -100 percentile Particulate Matter2.5 French Court ® 90-95percentile Ozone 80 - 90 percenti le Diesel Particulate Matter Washington Willard ,70-80percentile Squara �r fI Air ToxiesCancer Risk thSt uU Logan ,60-70percentile 50-60percentile Air ToxicsRespiratory Hl Less than 50 percentile French Park Tox'ic Releases to Air p a. Sa Ana p� m A Santa r// Data not available Traffic Proximity Z z z Lead Paint Superfund Proximity Facility Proximity Hazardous Hazardous Waste Proximity s� Underground Storage Tanks I Wastewater Discharge Supplemental Indexes - rn till Pollution and Sources t�tSocioeconomic Indicators '10 Health Disparities a Climate Change Data P Critical Service Gaps ., ..,vic Center Dr w � Santa Ana Downtown E 5th St IA Flower Park Santa Ana E am St m1stst E 3rd St E 1st St m w Walnut st acnnn n E m _ Santa Ana y N rn High school .. „p E 6th St Saddleback i View Lacy a ' !E3 � Z st mileli St € camileLSt n_I n tngeles, California State Narks, �Esrl, I om I om, Carr in, SafoGraph, Cco I a.hnologies, Inc, ME I I/NASA, USCS, Bureau of Land Management, EPA, NNS, US Census Bureau, USDA, J. Powered by Esri City Council 21 — 383 5/6/2025 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. City Council 21 — 384 5/6/2025 EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued) Cal[ifornia Healthy Races Index P bill H kh Alliance- V About Download map 6sh? Using the HPI mapping tool, the Lacy - Tools >> - neighborhood ranks at a 9.6% of the I Community Conditions X . + \ HP] Score (3.0) p least healthy community conditions. Explore the California Healthy Places Index score to examine _ N; Percentile Ranking Using the HPI mapping tool, the Logan neighborhood ranks on the LOW end, showing nearly 11 % of the least healthy community conditions. neighborhood measures hnkedtohealth oat-nnes,and view key pl;al ' cess +Mare healthymmmunity indicatorsotdiversityandequiry. ra �\ ondifions Learn more) ��J■�� nr Canngo��. 0 25 50 75 100 Exctoded „ - ■ � ��N � Select geography H . \ Santa Ana r■��[�!i'i p" ■■� Tract: 755.05 ■■� HPI Scare 13.0) HPI Score (3.0): 9.6 percentile r. om mmm r Ems' ■.�.ir7■�rA■�� Ptrcentilo IVeluel: 66.310,295) Less � More hea l thy Bond itions �Ctt�tttttttt� _�1 a IT' �� E ; -- - -- Tustin yPE ' ' � ��■■Fir '�ili� vrtea St n iY'■ s nLL City/T Avg:330 ^I■ �.._ `i '',.:.. �ifYFfKf II A' &1 u, a County Avg:80.4 _ _ �'. � This Tract has healthier community conditions than just iMf 9.6%ef ether California Tracts. ®2022 the Public Realm Alliance of Sou[Forn Calif mia I The Public Health Alliance Is ascally spnnscrea by me Publle Health [nslhNe. m MepnoxB OpenStreelMap Improve this map - Tools > Community Conditions Fxnlnm 1tafairnMa N.almry Rare IMwcmm m cxanYn n.ly�eortmd muaurvx Ilnlmd [e twlth autumn:and Naw koy '+did tmsnr d1.45ih' a td E W1ly. Learn more ) Santa Ana HPI Score (3-0)=10-9 percentile 1-a aIAore hen hhy mndi5nnv ❑rvrT A.x3sn 0.Vn[ykrg 8Ll9 This Tina has healthier —uraty condhlons than lust 10.9%of other California Tracks. o—the——IN A F,d Sou N_n^..brlcrna I II —Henn Aline-i-h—I,A.nI— City Council 21 — 385 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY Engage EJ communities on recreation and cultural programs. Incorporate community stakeholders Community 1.1 Yes from environmental justice communities to form an Environmental Justice Action Committee to guide PRCSA/ PBA 2023 the identification of recreational and cultural programing needs and desires. 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, Every two Community 1.2 Yes CMo with focused outreach to environmental justice priority areas utilizing various platforms, such as years social media and school events, to encourage substantial survey participation. Collaboration. Develop intentional, strategic partnerships with public, private, and nonprofit entities to improve health outcomes by leveraging capacity, resources, and programs around mutually Community 1.3 Yes beneficial initiatives that promote health, equity, and sustainability in neighborhoods within PBA/PRCSA 2022 -2024 environmental justice area boundaries. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization. Community coordination on underutilized spaces. Coordinate with community residents, property owners, and other stakeholders to identify vacant and potentially underutilized properties and 2022 & Community 1.4 Yes PBA/PRCSA strategize how such properties could be repurposed into public parks or commercial recreation ongoing facilities. 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 Community 1.5 Yes PRCSA 2022 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. 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 Community 1.6 Yes PRCSA/PWA 2022 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. City Council 21 - Mpe 1 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 2022 & Community 1.7 Yes PBA rights and protection, so they are not penalized for reporting or living in a dwelling unit that does not Ongoing 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. Neighborhood rehabilitation. Continue to seek state and federal funding for neighborhood rehabilitation projects and collaborate with community -based organizations to identify housing issues Community 1.8 Yes cDA ongoing and improvements needed, especially for housing within environmental justice area boundaries. 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 Community 2.1 Yes CMo 2024 can be used by organizations to support early childhood education, after school activities, libraries and learning centers, and other meetings and educational opportunities. Public realm. Identify areas in need of a public realm plan to provide attractive, comfortable, and safe Community 2.2 Yes walking corridors to promote accessibility to community programs or activity centers, in conjunction PWA/PBA Ongoing with the City's Active Transportation Plan. Community health care facilities. Evaluate options to support existing and potential community Community 3.1 Yes health care facilities in environmental justice focus areas through a variety of mechanisms such as PBA/CMO 2023 reduced permit fees, reduced impact fees, and tax incentives. Pedestrian access to health facilities. Ensure that new or redeveloped health care facilities include Community 3.2 Yes pedestrian -friendly site amenities. In areas where mobile clinics are stationed, ensure the location is PBA Ongoing safe and accessible for pedestrians, cyclists, and transit users. Health metrics. Engage with the Orange County Health Care Agency and other stakeholders to Community 3.3 Yes monitor key health indicators to measure the success of the outcome of General Plan policies and the PBA/CMO 2022 implementation plan, including reduction in incidence in asthma and low birth weight of infants. City Council 21 — Mie 2 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Community 3.4 Yes PBA/CMO 2022-2024 environmental justice area boundaries. Identify potential programmatic changes and resources to better address the root causes. Environmental education. Encourage all education institutions in Santa Ana to include curriculum Community 3.5 Yes regarding environmental justice and local efforts to promote clean business operations, PBA/CMO zozz - zoz4 environmental quality, and the health in our community. 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 Community 3.6 Yes environmental justice area boundaries. Examples include grants or loans to purchase updated CDA zozz equipment, publicity, or directories of healthy food outlets, or connecting stores to wholesale sources of healthy, local, or organic food. Food Deserts. Collaborate with Orange County Health Care Agency (OCHCA) to gather and map food Community 3.6A Yes PBA 2024 desert data, and share publicly through the City's Environmental Quality webpage. 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 Community 3.7 Yes and access to health and wellness services throughout the city. Include a discussion on areas within PRCSA 2022 & environmental justice area boundaries and other areas underserved by parks, programs and services ongoing that support health and wellness. 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) Community 3.8 Yes for residents, especially those that reside in environmental justice communities. Additionally, PBA Ongoing 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. 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 Community 3.9 Yes including community outreach, collaboration on environmental health studies, pursuing grants, and CMO 2022 coordination with federal, state, and local agencies regarding environmental concerns in the City. City Council 21 - MRe 3 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 2022 & Conservation 1.1 Yes evaluate measures and strategies in such plans for their applicability to and feasibility for Santa Ana. PBA annually 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 Conservation 1.2 Yes of the city , with focus on areas with unique needs and highest pollution burden as identified in the PBA 2022 & Ongoing CalEnviroScreen tool. If such designation is not awarded, seek grant funds for activities such as local air quality monitoring. 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 2022 & Conservation 1.3 Yes objectives and strategies for monitoring air pollution in advance of the establishment of a community PBA Ongoing emissions reduction and/or air monitoring plan. 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 Conservation 1.4 Yes PBA 2022 - 2027 establish new regulation to reduce and avoid increased pollution near sensitive receptors within environmental justice area boundaries. 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 Conservation 1.5 Yes hazardous materials or by-products, with a special focus on environmental justice communities. Serve PBA & Ongoing 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. Emissions monitoring. Coordinate with the South Coast Air Quality Management District to monitor 2022 & Conservation 1.6 Yes PBA existing air measurements and recommend new air measurements and locations. Ongoing Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas Conservation 1.7 Yes PBA/PD 2022 - 2024 Improve older trucks. Promote the City's Vehicle Replacement Plan and explore the replacement of Conservation 1.8 Yes older trucks through City participation in regional incentive programs and education of Santa Ana PwA 2022 private fleet owners of program opportunities. City Council 21 — Mge 4 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY Indirect source rules. Support the development of indirect source rules, drayage truck rules, Conservation 1.9 Yes advanced clean truck routes, and heavy-duty low NOx rules by the South Coast Air Quality CMO Ongoing Management District. 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 2022 & Conservation 1.10 Yes PBA on environmental justice areas. Publish results and information on the City's website through a Ongoing dedicated Santa Ana Environmental Quality web page. Public education. Augment existing outreach programs to improve public awareness of State, Conservation 1.11 Yes regional and local agencies' roles and resources to identify, monitor, and address air quality and other PBA/PWA Ongoing environmental hazards in the community. 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 Conservation 1.12 Yes community air monitoring plan, including the identification of information needed (new or updated), PBA 2022 potential data sources and needed resources, and strategies to engage residents and collect information. 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 Every two Conservation 1.13 Yes CMo City efforts like Strategic Plan, park and recreation planning, community benefits, etc.).Report findings years of survey through the various media platforms and utilize input to inform periodic evaluation and update of General Plan. 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, Conservation 1.14 Yes community organizations and businesses can communicate their unique issues and needs, as well as PBA/CMO Ongoing 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. Expanded representation. Expand representation of residents from neighborhoods within Conservation 1.15 Yes environmental justice area boundaries by extending residents from such areas to become board, PBA/CMO Ongoing commission, and task force members as openings occur City Council 21 — Mpe 5 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Conservation 1.16 Yes cMo Annually presentations to include a section dedicated to the status of actions and improvements to address the needs of residents within environmental justice area boundaries. 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 Economic 3.5 Yes companies that reduce environmental impacts and the carbon footprint to locate to the city. CDA Ongoing Prosperity Encourage existing businesses to invest in technology and best practice to transition to sustainable business practices. Historical Equitable access. Establish a fee reduction or waiver program for low-income applicants to ensure 3.8 Yes PBA 2023 Preservation equitable access and participation in the Mills Act Program. Open space requirements. Evaluate public open space and park requirements in the zoning code for Land Use 2.10 Yes residential and nonresidential uses. Consider requirements and/or incentives to aggregate public PBA/PRCSA 2022 - 2027 open space areas required by two or more uses to form larger and more usable areas and facilities. 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 Land Use 3.2 Yes requirements to buffer heavy industrial uses from sensitive receptors. Conduct a study to evaluate PBA 2022 - 2027 and establish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences, schools, day care, and public facilities. Healthy lifestyles. Collaborate with residents and industry stakeholders to create a program to Land Use 3.3 Yes PBA zozz incentivize and amortize the removal of existing heavy industrial uses adjacent to sensitive uses. 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 Land Use 3.4 Yes PBA 2022 schools located in areas with high levels of localized air pollution, especially for those within environmental justice area boundaries. Business incentive. Explore economic development incentives and grant funding to encourage Land Use 3.5 Yes existing or draw new business investments in the industrial zones to incorporate more CDA Ongoing environmentally sustainable practices. Lead paint abatement. Coordinate with County of Orange Health Care Agency and community Land Use 3.6 Yes organizations to strengthen local programs and initiatives to eliminate lead -based paint hazards, with CDA/ PBA & Ongoing priority given to residential buildings located within environmental justice area boundaries. City Council 21 — Mge 6 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE E� TIME PLAN REF # DEPT/ policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY Sunshine ordinance. Update City Sunshine Ordinance, incorporating best practices for outreach in Land Use 3.14 Yes CMO 2022 environmental justice areas in Santa Ana Communication tools. Explore tools for communication with residents and sensitive receptors when Land Use 3.15 Yes PBA 2022 - 2024 new industrial uses are proposed in their areas Health in corridors. Require a Health Risk Assessment to identify best practices to minimize air quality Land Use 3.16 Yes PBA 2022 - 2027 and noise impacts when considering new residential uses within 500 feet of a freeway. Training for safe practice. Pursue the EPA Renovate Right Program to train local residential Land Use 3.17 Yes contractors for certification as lead renovators to promote safe work practices and prevent lead PBA 2022 contamination. Renovations and lead prevention. Evaluate the feasibility of requiring contractor training and/or Land Use 3.18 Yes certification for safe work practices to conduct residential renovations for pre-1978 structures that PBA & CDA Ongoing may contain existing lead paint. 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 Land Use 3.19 Yes PBA 2022 -Ongoing 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. Safe housing. Require all residential rehabilitation projects that use local, or HUD federal funds to Land Use 3.20 Yes comply with the Lead Safe Housing Rule, to remove lead paint hazards, depending on the nature of CDA Ongoing work and the dollar amount of federal investment in the property Prevention education. Collaborate with local organizations such as Orange County Health Care Agency, State Environmental Protection Agency, and community -based environmental justice Land Use 3.21 Yes PBA 2022 -Ongoing 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. City Council 21 — ?e 7 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Land Use 3.22 Yes and households presenting with concerns about lead exposure and/or with confirmed lead levels of PBA 2022 & Ongoigoingng >3.5ug/dL, which the Centers for Disease Control and Prevention indicates as the threshold for follow- up and case management in children. 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. Land Use 3.23 Yes PBA 2022 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 Land Use 3.24 Yes PBA 2022 - 2024 hazards in Santa Ana, with special focus in environmental justice communities. Conduct public meetings to gather information and present preliminary findings. 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 Land Use 3.25 Yes existing and new disadvantaged EJ communities, including multilingual communication protocols. PBA 2022 Host quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of environmental justice policies. Health conditions. Work with state agencies including the Department of Toxic Substances Control Land Use 3.26 Yes and South Coast Air Quality Management District, Orange County Health Care Agency and local PBA Ongoing 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 Land Use 3.27 Yes PBA Ongoing remediate groundwater contamination. Share information with the community on the City's Environmental Quality web page. City Council 21 - MRe 8 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Land Use 3.28 Yes ordinance that provide protections against evictions for those who seek action to improve PBA 2022 & Ongoing substandard housing and hazardous conditions. 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 Land Use 3.29 Yes PBA 2022 materials on the property, in order to identify potential for site contamination from hazardous materials or soil lead contamination to be remediated. Fireworks and environmental pollution. Study the data available to understand the health effects Land Use 4.6 Yes and environmental exposure, including air quality and noise impacts, from airborne sources such as PBA/CMO/PD 2022 - 2024 fireworks shows and displays, with special focus on environmental justice areas. Construction improvements. Identify best practices and communication tools to monitor mitigation Land Use 4.7 Yes measures and oversight of private and public construction improvements to protect the health and PWA/PBA Ongoing safety of health of the community, with focus on environmental justice areas. Safe routes to schools and parks. Develop and pursue implementation of a Safe Routes to School Mobility 3.5 Yes PWA/PRCSA Ongoing Plan and a Safe Routes to Parks Plan 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 Mobility 4.5 Yes landscape with public realm landscaping. PBA/PwA 2ozz zoz2 Air quality improvements. Participate in inter -jurisdictional efforts to promote improvements in air Mobility 5.8 Yes PBA/PWA 2021-2035 quality and to meet state and federal mandates through advanced technology and TDM programs Interagency Forum. Convene an interagency forum to take a coordinated approach to evaluating the Open Space 1.2 Yes feasibility for converting City -owned properties to parkland, with special focus in park deficient and PRCSA 2022 environmental justice areas. 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 Open Space 1.7 Yes PBA/PRCSA 2022 require public parkland within the City limits and a 10-minute walking distance of the new residential projects. City Council 21 — Mie 9 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Open Space 1.7A Yes PBA &PRCSA 2022-2027 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. 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 2022 & Open Space 1.10 Yes PRCSA acquire land through purchase, land dedication, easements, and land leases that would allow for Ongoing permanent or temporary public use of land for open space and recreational opportunities. Joint -use agreements. Coordinate with public school districts, private schools, and other community Open Space 1.11 Yes organizations to provide community members with access to additional open space and recreational PRCSA & Ongoing resources. 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 Open Space 1.13 Yes PRCSA 2022 recreational facilities. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization. Community partnerships. Continue building partnerships with community -based organizations that administer social services to the elderly, youth, and other special needs groups; create use Open Space 1.14 Yes agreements for these providers to use public park facilities to meet the recreational and educational PRCSA Ongoing needs of these groups. Community input. Identify and utilize multilingual and interactive community engagement tools, Open Space 1.15 Yes initiated through the Parks and Recreation Master Plan, for residents and facility users to provide PRCSA 2022 ongoing input about open space needs, park design, facility improvements, and programming 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 2022 & Open Space 1.16 Yes PRCSA recreation system to three acres of land per 1,000 residents with a plan to keep pace with future ongoing urban growth. Fiscal priority for public improvements. Identify City fiscal and operational procedures and potential Public 1.4 Yes thresholds involved in the prioritization of general funds for public programming, service, or CMo 2021 & Services annually infrastructure improvements for residents living within environmental justice area boundaries. City Council 21 — Poa� 10 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL PLAN ELEMENT REF # E� policy IMPLEMENTATION ACTION RESPONSIBLE DEPT/ AGENCY TIME FRAME 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. Safety 2.4 Yes PBA/CDA Ongoing 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. Business education. Collaborate with state and county agencies and trade organizations to educate Safety 2.5 Yes and inform industrial business owners about permit regulations required for safe facility operations PBA/CDA Ongoing and about best practices. City Council 21 — 0* 11 of 11 5/6/2025 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 eCommentQsanta-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 MMacedon io(a_santa-ana.orq. City Council 21 — 397 5/6/2025 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 espanol, favor de Ilamar a Margarita Macedonio (714) 667-2288. Neu can lien lac bang tieng Viet, xin di6n thoai cho Tony Lai so (714) 565-2627. City Council 21 — 398 5/6/2025 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Mailing Address: 915 E 1ST ST, LOS ANGELES, CA 90012 Telephone (213) 229-5300 / Fax (213) 229-5481 Visit us @ WWW.LEGALADSTORE.COM NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description: SD-84 To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REGISTER. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 01/31/2025 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $2204.80 ONLINE $551.20 NetTotal $2756.00 Daily Journal Corporation Serving your legal advertising needs throughout California. Call your local BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 CNS 3891625 NOTICE OF STUDY SESSION PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is provided consistent with applicable State and local law, in addition to being provided to those persons who have expressed an interest in the proposed action. We encourage those with questions or comments to contact us prior to either or both the Study Session and/or Public Hearing. Please be advised that the City wi II hold a Study Session concerning the following, more fully described below: Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) during the re ular meeting of the Planning Commission on the following date and time: Study Session Date: Monday, February 10, 2025 Time: 5:30 PM Further, NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Santa Ana will hold a public hearing to receive public testimony and take action on Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning). Public Hearing Date: Monday, February 24, 2025 Time: 5:30 PM Project Location : The area within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, as depicted in the attached map. Project Applicant. City of Santa Ana Proposed Project: Planning Commission recommendation that the City Council adopt Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) of the Santa Ana Municipal Code and to amend the City's Zoning Map. The proposed amendments include removal of industrial uses from the permitted uses table, updates to the nonconforming regulations, a new amortization process, and new operational standards applicable to businesses within the zoning district. The proposal also includes removing .mil..11 1 oil . ��.�. ��..� .ill 0 6.1111111 7 0 7 In rill 21 - 399 5/6/2025 0 2 8 the Light Industrial (Ml) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 zoning district, as shown on the City's Zoning Map. Environmental I mpact: I n accordance with CEQA and the CEQA Guidelines, an addendum has been prepared to the City of Santa Ana's Transit Zoning Code (SD-84) Environmental Impact Report (E I R) to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this proiect is within the scope of the Transit Zoning Code (SD-84) EIR No. 2006- 02, State Clearinghouse (SCH) No. 2006071100, certified by the City of Santa Ana on June 7, 2010. The Transit Zoning Code (SD-84) EIR fully analyzed the potential impacts associated with the proposed code amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. Meeting Details: This matter will be heard in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or ioin via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit htfps://www.santa- ana.org/planning-and-building- meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa- ana.org (reference the Agenda Item # in the subiect line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any proiect questions, please contact Principal Community Planner Margarita Macedonio with the Planning Division by phone at (714) 667-2288 or by email at MMacedonio@santa- ana.org. Note: If you challenge the decision on the above matter, 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 Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Nucnli6nIcbngtingVit,xin i n tho i cho Kristie Ha (714) 667- 2206. 1/31/25 C N S-3891625# ORANGE COUNTY REGISTER City Council 21 — 400 5/6/2025 ' 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 STUDY SESSION PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is provided consistent with applicable State and local law, in addition to being provided to those persons who have expressed an interest in the proposed action. We encourage those with questions or comments to contact us prior to either or both the Study Session and/or Public Hearing. Please be advised that the City will hold a Study Session concerning the following, more fully described below: Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) during the regular meeting of the Planning Commission on the following date and time: Study Session Date: Monday, February 10, 2025 Time: 5:30 PM Further, NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Santa Ana will hold a public hearing to receive public testimony and take action on Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning). Public Hearing Date: Monday, February 24, 2025 Time: 5:30 PM Project Location: The area within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, as depicted in the attached map. Project Applicant: City of Santa Ana Proposed Project: Planning Commission recommendation that the City Council adopt Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) of the Santa Ana Municipal Code and to amend the City's Zoning Map. The proposed amendments include removal of industrial uses from the permitted uses table, updates to the nonconforming regulations, a new amortization process, and new operational standards applicable to businesses within the zoning district. The proposal also includes removing the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 zoning district, as shown on the City's Zoning Map. Environmental Impact: In accordance with CEQA and the CEQA Guidelines, an addendum has been prepared to the City of Santa Ana's Transit Zoning Code (SD-84) Environmental Impact Report (EIR) to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this project is within the scope of the Transit Zoning Code (SD-84) EIR No. 2006-02, State Clearinghouse City Council 21 — 401 5/6/2025 (SCH) No. 2006071100, certified by the City of Santa Ana on June 7, 2010. The Transit Zoning Code (SD-84) EIR fully analyzed the potential impacts associated with the proposed code amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. Meeting Details: This matter will be heard in the City Council Chambers, 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/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a)_santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https:Hsanta-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact Principal Community Planner Margarita Macedonio with the Planning Division by phone at (714) 667-2288 or by email at MMacedon io(a�santa-ana.org. Note: If you challenge the decision on the above matter, 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 Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Neu can lien lac bang tieng Viet, An dien thoai cho Kristie Ha (714) 667-2206. City of Santa Ana Transit Zoning Code Area Legend r = _ City of Santa Ana 0 Transit Zon1ng Code Area Mlles 0 015 1 7 City Council 21 — 402 5/6/2025 Exhibit 7 - March 6, 2025 Special Planning Commission Supplemental Staff Report and Exhibits Planning and Building Agency www.santa-ana.org/pb Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report March 6, 2025 Topic: Supplemental Staff Report to February 24, 2025 Planning Commission Staff Report: Resolution to make findings and adopt Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024- 03 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) addressing industrial land uses, nonconformities, and operating standards, and amending the City of Santa Ana Zoning Map to remove the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 district boundary. RECOMMENDED ACTIONS Recommend that the Planning Commission recommend that the City Council: 1) Adopt a resolution to make findings pursuant to Public Resources Code Section 21166 and to adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100). Pursuant to the California Environmental Quality Act (CEQA), and based on independent review and analysis, and the administrative record as a while, that, in exercising its independent judgement, amend TZC SD-84 Final EIR with an addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, and addendum to the Transit Zoning Code EIR was accordingly prepared. 2) Adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) NO. 2024- 02 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD-84)) of chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the zoning district; modifying the authorized land uses and permit types; establishing revised non -conforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and non -conforming uses. 3) Adopt an ordinance to approve Amendment Application (AA) No. 2024-03 amending the zoning by removing the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map. Planning Commission 1 — 1 3/6/2025 City Council 21 — 403 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments Supplemental Staff Report to February 24, 2025 Planning Commission Staff Report) March 6, 2025 Page 2 BACKGROUND On February 24, 2025, the Santa Ana Planning Commission held a duly noticed public hearing on amendments proposed for the Transit Zoning Code (TZC), ZOA No. 2024-02, the companion Zoning Map amendment, No. 2024-03, and the Addendum to TZC SD-84 Final EIR. Upon hearing all testimony, the Commission closed the public hearing, held discussion, provided direction to staff, and continued the item to a special meeting scheduled for March 6, 2025. The Commission requested that staff conduct and provide certain deliverables for their further consideration of the proposed amendments, in order to render a recommendation to the City Council on the proposed TZC amendments. The three requested actions for staff were as follows: 1) Conduct an additional community meeting collectively, with interested parties in attendance at the hearing, including residents, businesses, and property owners, to facilitate further input on the proposed amendments; 2) Prepare a financial analysis to address potential impacts to the City as a result of adopting the proposed amendments; and 3) Provide a legal briefing related to potential challenges that may result from adoption of the proposed amendments. DISCUSSION The actionable items requested by the Commission have been addressed by staff and are summarized below. Community Meeting — March 3, 2025 Staff held the requested additional community meeting with interested parties, including business owners, property owners, residents and others, on Monday, March 3, 2025, from 5:30 p.m. to 7:30 p.m. at the Santa Ana Regional Transportation Center (SARTC) First Floor Conference Room (1000 E. Santa Ana Blvd.) to garner additional feedback about the proposed changes. For a summary of the meeting, meeting format, and conclusions from the meeting, please refer to Exhibit 1. As a result of the input received at that meeting, combined with the prior analysis of the proposed amendments as outlined in the February 24, 2025, Planning Commission staff report, staff proposes making clarifying edits as well as text edits to the Ordinance presented to the Planning Commission on February 24, 2025, as provided in Exhibit 2 (Clarifications to ZOA No. 2024-02). Specifically, the clarifications address typographical errors as well as the emergent themes from the March 3rd community meeting related to hours of operation and clarifying that nonconforming and "legal" nonconforming are one and the same term for the purposes of implementing the TZC. Planning Commission 1 —2 3/6/2025 City Council 21 — 404 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments Supplemental Staff Report to February 24, 2025 Planning Commission Staff Report) March 6, 2025 Page 3 Financial Information related to adoption of proposed TZC amendments The Planning Commission requested City staff to provide financial information specifically on the amendments' effects on City revenues that would result from the proposed ordinance. Staff from the City's Finance and Management Services Agency evaluated aggregate financial information using data sources for the City's tax base that include sales tax, property tax, businesses license tax, and utility users' tax within the TZC. This information will be provided as part of City staff's presentation during the scheduled meeting. Lastly, due to confidentiality requirements, revenue details provided are in general and aggregate form, preventing the disclosure of individual business revenue. The fiscal information is intended for general informational purposes only. The actual fiscal impact cannot be determined and may vary significantly due to numerous unpredictable factors, including the fact the proposed ordinance does not propose the closure of any business; rendering businesses uses legal nonconforming does not preclude the establishment of a new, similar business in the same location that may result in no change to the City's revenues; fluctuations in economic conditions; and potential changes in business operations. Legal AnalVs The Commission requested that the City Attorney provide a briefing related to legal challenges to the proposed TZC amendments, specifically the creation of nonconforming status to business and structures, and the general argument of a "taking," as that term is used legally. The City Attorney's Office has provided a confidential memorandum separately to the Planning Commission summarizing these legal questions. Due to the potential for litigation, the information contained in the memorandum is considered client privileged and confidential. ENVIRONMENTAL IMPACT The California Environmental Quality Act (CEQA) requires public agencies and local governments to measure the environmental impacts of development projects or other major land use decisions, and to limit or avoid those impacts if possible. CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or City Council 21 — 405 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments Supplemental Staff Report to February 24, 2025 Planning Commission Staff Report) March 6, 2025 Page 4 d) The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Additionally, CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. CouncilCity 41•5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments Supplemental Staff Report to February 24, 2025 Planning Commission Staff Report) March 6, 2025 Page 5 ZOA No. 2024-02 and AA No. 2024-03 are considered a project as defined by the CEQA. The City, as the Lead Agency, has determined that it is subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). An Addendum, attached as Exhibit 5, to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) has been prepared by the City. Based on its independent review and analysis, and the administrative record as a whole, and, in the exercising its independent judgement, hereby finds that pursuant to CEQA Guidelines Section 15162, no subsequent EIR would be required for the proposed project; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR is required for the adoption of the Ordinances. Specifically, pursuant to CEQA Guidelines Section 15162, the City finds on the basis of substantial evidence in light of the whole record, that: (1) no substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: (A) the project will have one or more significant effects not discussed in the EIR; (B) significant effect previously examined will be substantially more severe than shown in the EIR; (C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternative which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Additionally, as detailed in the General Plan Consistency subsection of the Planning Commission's February 24, 2025 staff report, attached as Exhibit 6 (February 24, 2025 Planning Commission Staff Report, without attachments), the proposed Ordinances are consistent with numerous General Plan goals and policies that were evaluated as part of the General Plan Update Program EIR. The proposed Ordinances also satisfy and further implementation actions of the General Plan Update. FISCAL IMPACT There is no fiscal impact associated with this action. *:1:11 ] W 1. � 1 .� •� �•_ ••- � :� •uu � 11-- �•_ uu. CouncilPlanning Commission 1 —5 3/6/2025 City 415/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments Supplemental Staff Report to February 24, 2025 Planning Commission Staff Report) March 6, 2025 Page 6 2. Clarifications to ZOA No. 2024-02 3. Ordinance for Zoning Ordinance Amendment (ZOA) No. 2024-02 4. Ordinance for Amendment Application (AA) No. 2024-03 5. Resolution of the City Council and Addendum to TZC EIR 6. February 24, 2025 Planning Commission Staff Report (Without Attachments) 7. Copy of Public Notice Submitted By: Margarita Macedonio, Principal Planner Approved By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency CouncilCity 41:5/6/2025 Exhibit 1: Transit Zoning Code (SD-84) March 3, 2025 Community Meeting Summary Overview At the Planning Commission public hearing on Monday, February 24, 2025, the Planning Commission continued the proposed amendment to the Transit Zoning Code (SD-84) and zoning map item to a special meeting scheduled for Thursday, March 6, 2025 at 6:30 p.m. at Santa Ana City Hall Council Chamber (22 Civic Center Plaza). In addition, the Planning Commission directed staff to conduct an additional community meeting, before the March 6t" special meeting, with interested parties in attendance at the hearing, including residents, businesses, and property owners, to garner additional feedback on the proposed amendments. This report summarizes the meeting outcomes, detailing outreach efforts, participation format, and key themes derived from community input. Additionally, it emphasizes and implements the Planning Commission's intent to facilitate continued collaboration between residents and businesses in identifying areas of common ground and potential compromise regarding the proposed amendments. Outreach To ensure broad participation, staff conducted extensive outreach for the March 3, 2025, community meeting. Staff contacted community members that provided public testimony at the regularly scheduled February 24, 2025 Planning Commission meeting that provided contact information and members of the public on the project interested parties list, directly emailing invitations to approximately 184 individuals, and personally calling those without email, securing updated contact details. Staff also programmed and sent a pre- recorded voice message reminder to approximately 130 contacts. Finally, staff sent a same -day email reminder. To ensure inclusivity, staff also arranged for Spanish interpretation services for the community meeting. Location The meeting was held on Monday, March 3, 2025, from 5:30 p.m. to 7:30 p.m., at the Santa Ana Regional Transportation Center (SARTC) First Floor Conference Room. The meeting location is located within the boundaries of the Transit Zoning Code and in close proximity to both established residential communities within the district and properties with an industrial overlay subzone. R 1W Participation Format The meeting included a presentation that covered the major points of the proposed ordinance and the purpose of the meeting as directed by the Planning Commission, with a majority of the meeting time allocated to small group discussion. The small group CouncilCity 41•5/6/2025 Exhibit 1: Transit Zoning Code (SD-84) March 3, 2025 Community Meeting Summary discussion format kept the meeting focused on facilitating a productive dialogue, achieving consensus and thoughtful solutions, with discussion centered on two questions: 1) What industrial and quasi -industrial business types operating today within the district can be considered compatible with residential uses? 2) What new proposed operational standards —for example, limits on hours of operation, prohibition on truck idling —create the greatest concerns for businesses, and how might they be adjusted/refined without adversely impacting residential uses? Attendance and Randomly -Assigned Small Groups Approximately, 120 people attended the March 3, 2025, meeting comprised of residents, businesses, property owners, real estate brokers, community -based organizations, and staff from the offices of elected representatives. Of those in attendance, approximately, 58 percent represented businesses and 36 percent of the community members in attendance were residents of the area. Although staff recognizes that not all attendees sign in, the meeting sign in sheets indicate 94 contacts. To fulfill the Planning Commission's directive for open community dialogue, staff designed a check -in system that randomly assigned attendees to small groups using color stickers to help balance representation from resident and businesses. At the check -in tables, attendees indicated whether they were a resident, business or property owner, and their nametag included color stickers to assign them randomly to a small group. Each group included a facilitator led by City staff or one of the City's planning consultants to help guide the discussion and comments to identify areas of commonality, or compromise from residents and businesses regarding the proposed amendments. Lastly, Spanish interpreters were present at one of the small groups to facilitate mono -lingual Spanish speakers' participation in the meeting. rnnrliminn The meeting was held in accordance with and satisfied the Planning Commission's direction provided to staff on February 24, 2025 to conduct a community meeting with both business owners and residents. Areas of consensus included ensuring that the ordinance addresses the most impactful industrial businesses, while areas of disagreement remain in the extent to which the proposed amendments will result in land use changes. Lastly, specific feedback from business owners addressing the definition of craft and specialized automotive restoration service, hours of operation, and the City • 15/6/2025 Exhibit 1: Transit Zoning Code (SD-84) March 3, 2025 Community Meeting Summary terms "nonconforming use" and "legal nonconforming use" having the same meaning, have been added to Exhibit 2 (Clarifications to ZOA No. 2024-02). Planning Commission 1 — 9 3/6/2025 City Council 21 — 411 5/6/2025 Exhibit 2: Clarifications to ZOA No. 2024-02 The following represents clarifications proposed to the draft Ordinance text published for the February 24, 2025, Planning Commission hearing agenda. The clarifications include non -substantive, typographical errors as well as proposed amendments that respond to community feedback received at the March 3, 2025, community meeting referenced in the staff report and in Exhibit 1. The following non -substantive, typographical clarifications shall be included in the draft Ordinance recommended by the Planning Commission for City Council consideration: 1. Revise all typographical errors related to numeric/alphanumeric labeling of sections and subsections. 2. Ordinance Page 24, Subsection (1) of Section 41-2008 (Operational Standards) in Section 10 of the Ordinance shall read as follows, reflecting proposed text in underline and deleted text in strikethrough: (1) Operat+ena' c+RdardS f—,e—QA_utomobile servicing uses including nonconforming establishments, shall comply with the following operational standards: 3. Ordinance Page 33, Subsection 35. b. of Section 41-2080 (Definitions) in Section 12 of the Ordinance shall read as follows, reflecting proposed text in underline and deleted text in strikethrough: b. art supplies, including framing services hide& 4. Ordinance Page 4, Subsection (5) b. of Section 41-2002 (Nonconforming Buildings, Structures and Uses) in Section 5 of the Ordinance shall read as follows, reflecting proposed text in underline and deleted text in strikethrough: b. Rehabilitation may include expansion of floor area without intensification of the nonconforming use when the total floor area of all expa SOeRS irrinly in aRY five year perie d does not exceed ten (10) percent of the floor area as it legally existed as permitted and constructed as of April 15, 2025 at the beginniRg of the five year peried provided that the following standards oend+tiens are met: 5. Ordinance Page 10, Subsection (6) c. of Section 41-2002 (Nonconforming Buildings, Structures and Uses) in Section 6 of the ordinance shall read as follows reflecting proposed text in underline and deleted text in strikethrough related to the Hearing Officer Determination and Compliance: c. Hearing Officer Determination and Compliance. The determination of the Hearing Officer shall be made in writing and shall be final. Planning Commission 1 —10 3/6/2025 City Council 21 — 412 5/6/2025 Exhibit 2: Clarifications to ZOA No. 2024-02 Notice of Amortization and Termination of Use. The Executive Director of the Planning and Building Agency, or designee, shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Article, in those instances where an amortization period has been determined pursuant to this Article. Such notice shall be sent within ten (10) days of the terMoRa inn of anv appeal peried the determination of the Hearing Officer. If the amortization period ends before or less than six (6) months after providing such notice, the notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof and the approved amortization term. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article. The Executive Director of the Planning and Building Agency, or designee, shall be authorized record a Notice of Amortization Term & Termination of Use with the County Recorder, as provided for in California Government Code Section 27201(a). The following changes based upon community feedback received at the Transit Zoning Code community meeting held on March 3, 2025, shall be included in the draft Ordinance recommended by the Planning Commission for City Council consideration: 6. Ordinance Page 24, Subsection (1) of Section 41-2008 (Operational Standards), which proposed prohibiting automobile servicing on Sundays shall remain unchanged and reflect the existing standard as shown below: (1) Automobile servicing uses including nonconforming establishments, shall comply with the following operational standards: (1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m. Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Saturday and Sunday. (2) All work shall be conducted inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not permitted. 7. Ordinance Page 27, Subsection (k) of Section 41-2009 (Operational Standards for Nonconforming Industrial Uses), which proposed imposing new operational hours shall be removed in its entirety, as the operating hours imposed on all uses under Planning Commission 1 — 11 3/6/2025 City Council 21 — 413 5/6/2025 Exhibit 2: Clarifications to ZOA No. 2024-02 Section 41-2008 would apply. The ordinance shall read as follows reflecting proposed text deletion in strikethrough related to hours of operation: 8. Ordinance Page 35, Subsection 50. of Section 41-2080 (Definitions), in Section 12 of the ordinance related to the definition of nonconforming industrial use shall read as follows reflecting proposed text in underline: 50. Nonconforming Industrial Use: A nonconforming use as defined in Section 41-126 of the SAMC that was established on any parcel or within any building located within the boundaries of SD-84 established by this Article that is listed in the uses permitted or uses permitted subject to a conditional use permit of Division 18. M-1 (Light Industrial) or Division 19. M-2 (Heavy Industrial) of this Chapter but that are no longer permissible through amendment to this Article. The terms "nonconforming use" and "legal nonconforming use" have the same meaning in the implementation of this Article. 9. Ordinance Page 31, Subsection 23. of Section 41-2080 (Definitions), in Section 12 of the ordinance related to the definition of craft and specialized automotive restoration service shall read as follows reflecting proposed text in underline and deleted text in strikethrough: 23. Craft and specialized automotive restoration service: A specialized business or commercial enterprise occurring inside of a fully -enclosed structure that focuses on repairing and restoring older cars, often considered "collector cars" as defined by the State; which includes (1) a vehicle model 35+ years old, (2) a vehicle model 25+ years old with historic plates, or (3) a vehicle model classified as a special interest vehicle. Such restoration services return these types of vehicles to their original condition, including mechanical components, bodywork, and interior, aiming to preserve their historical authenticity and aesthetic appeal. The vehicle a-nkg-Gqrm. Planning Commission 1 —12 3/6/2025 City Council 21 — 414 5/6/2025 Exhibit 3: Ordinance for Zoning Ordinance Amendment (ZOA) No. 2024-02 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 2024-02, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES II:iEel IW944101110Eel ito] aI:I: tyIWKS]"M011r_T_1n_I:i21V21:y,Eel V I001016y_V1101111•1►TiW"I Section 1. The City Council has, by separate action taken on March 18, 2025, adopted an Addendum to the Transit Zoning Code Environmental Impact Report ("EIR") (State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City Council ("Addendum"). The Addendum analyzed the environmental impacts of the actions taken in this Ordinance. Adopting the Addendum satisfied the City Council's obligations under the California Environmental Quality Act ("CEQA") regarding amendments to the Transit Zoning Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines 15162 apply. Thus, no further environmental review is required as adoption of this Ordinance falls within the scope of the adopted Addendum and previously certified EIR. Section 2. The City Council of the City of Santa Ana hereby adopts the findings contained in the attached Exhibit "A" to this Ordinance as if fully set forth herein. Section 3. Section 41-2001 (Application of Article) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2001. Application of Article (a) The Transit Zoning Code, as authorized by Chapter 41, Article 111, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code (SAMC), is subject to the standards and regulations contained in this Article for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this Article. All terms contained herein shall be defined by the SAMC, unless specifically defined in this Article. Planning Commission 1 — 13 3/6/2025 City Council 21 — 415 5/6/ 0 Ordinance o. -XXX Page 1 of 49 (b) Proposed development, including the construction, reconstruction or structural alteration of a structure, subdivisions, and new and existing land uses, whether conforming or nonconforming, as defined in Section 41-126 of the SAMC, within the specific development area shall comply with all the applicable regulations established by this Article article. (c) The regulations contained in this Article shall also apply to: 1. A change in land use within an existing building; and 2. A change in tenancy within an existing building requiring issuance of a new Certificate of Occupancy." Section 4. Section 41-2001.5 (Organization) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2001.5 Organization (a) Regulating Plan and Zones Established: Sections 41-2006 through 2008 2009 of this Article defines the zones within the Specific Development (SD) boundaries of SD-84, the parcels included within each zone, and describes, zone by zone, the standards for building placement, design, and use consistent with the permitted uses identified in Table 2A. (b) Use Standards: Table 2A identifies the land use types allowed by the City in each of the zones established by the Regulating Plan. A parcel within +� c�;c Deyelepmen+ (SD-843 boundaries shall be occupied only by land uses identified as allowed within the applicable zone and the type of City approval required by Table 2A. (c) Urban Standards by Zone: Sections 41-2010 through 2015 of this Article regulates the features of buildings that affect the public realm. The urban standards regulate building and parking placement, height, and profile, and vary according to the parcel's zone applied by the Regulating Plan. Standards for items not explicitly described in this section, including but not limited to, walls and fences, mechanical equipment, trash bin enclosures, heliport and helipad, underground utility, installation of dish antennas, loading areas, parking lot design standards, refer to other Sections of Chapter 41 of the SaRta ARa MURiGipal Cede SAMC and the Citywide Design Guidelines. (d) Architectural Standards: Sections 41-2020 through 2039 regulates the manner in which individual parcels and blocks are developed to create diverse and pedestrian -oriented development, through the use of three main components: (1) Sections 41-2020 through 2032 building types (e.g., duplex, rowhouse, courtyard housing) Planning Commission 1 — 14 3/6/2025 City Council 21 — 416 Ordinance5/�v0.3-xxx Page 2 of 49 (2) Sections 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop, arcade, shopfront) (3) Section 41-2040 (Table 4.3A) architectural styles (e.g., Main Street Commercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, California Contemporary). (e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries to be consistent with the character described for each zone. (f) Subdivision Guidelines: Establishes guidelines for the creation and maintenance of a finely grained and walkable network of blocks punctuated by integral and varied open spaces. (g) Street Network Concepts: identifies conceptual location and guidelines for the street network. This section provides guidelines for the rights -of -way alignment, and width in plan and section with the corresponding details. (h) Definitions: Sections 41-2080 identifies and defines the terms used in this Code." Section 5. Section 41-2002 (Nonconforming Buildings, Structures and Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2002. Nonconforming Buildings, Structures and Uses (a) A nonconforming building, structure or use shall comply with Article VI of this Chapter, except as provided below modified as follows: (1) A building or structure that does not conform to the architectural style or story height requirements at the t;mo of the adeptk�R of this Article shall not cause the structure to be non -conforming. (2) A nonconforming building, structure or use shall not be required to conform to current zoning regulations based solely upon a change in ownership of the property, except as otherwise provided in this Article. (3) A sale, lease or other transfer of a property containing a nonconforming building, structure or use does not trigger the loss of nonconforming status, except as otherwise provided in this Article. (24)Sections 41-681.1 through 41-681.4 and 41-683.6 of Article VI of this Chapter shall not apply to this buildings, structures and uses addressed within this Article or building, structures, and uses within SD-84, nor to existing accessory dwelling units (ADUs) permitted by the City of Santa Ana before the amendment to this Article. Planning Commission 1 — 15 3/6/2025 City Council 21 — 417 5/6/ 0 Ordinance o. -XXX Page 3 of 49 (35)Rehabilitation, enlargement or exterie structural alterations of any nonconforming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be rehahili+at made as follows: a. Rehabilitation, limited to structural or non-structural alterations without any building expansion and without any intensification of a nonconforming use, is permitted if: 1. The operational standards contained in sections 41-2008 and 41-2009 as applicable, of this Article are met. 4 2. All signage on the structure and the site on which it is located is brought into conformity with the signage requirements of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee. 3. All outdoor storage is screened by a solid screen wall not to exceed eight k8) feet in height. Outdoor storage shall not exceed the height of the screen wall. 3 4. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street parking and open space requirements of this Chapter. 4. 5. Architectural massing, features and detailing shall be modified to bring the structure into closer compliance with the architectural standards of this Article Bede, as approved .Deemed appFepriate by the Executive Director of the Planning and Building Agency, or #f e# designee. b. Rehabilitation may include expansion of floor area without intensification of the nonconforming use when the total floor area of all T aRfil. - Y _0� rcried does not exceed ten (10) percent of the floor area as it legally existed as permitted and constructed as of April 15, 2025 at the begi„ring .,f the fi„J-1 t lwd provided that the following standards ^nTare met: 1. The existing use is not a nonconforming industrial use. Nonconforming industrial uses may not be exaanded. 2. The operational standards contained in Section 41-2008 are met. 4 3. All signage on the structure and the site on which it is located shall be brought into conformity with the requirements of this Ghapte Chapter as approved by the Executive Director of the Planning and Building Agency, or designee. Planning Commission 1 — 16 3/6/2025 City Council 21 - 418 orain5n6/�v0.3-xxx Page 4 of 49 4. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am. 5. All outdoor storage is screened by a solid screen wall not to exceed eight �8) feet in height. Outdoor storage shall not exceed the height of the screen wall. 4. 6. There shall be no enlargement which would intrude into any required setback area required by this Article. 7. There shall be no enlargement which would result in a new nonconforming condition in violation of the requirements of this Chapter. 6 8. Off-street parking shall be provided in conformance with the requirements of this Chapter. 9. Landscaping shall be improved to bring the site on which the structure is located into closer compliance with the landscaping requirements of this Chapter, as approved deemed appropriate by the Executive Director of the Planning and Building Agency, or their designee. 8. 10. Architectural massing, features and detailing, shall be modified to bring the structure into closer compliance with the architectural standards of this Chapter, as approved deemed appropriate by the Executive Director of the Planning and Building Agency, or the# designee. (46)Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject to the following: a. Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of that five-year period, provided the number of dwelling units is not increased; and no new non -conformances with the requirements of this cede Chapter are created. b. Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met: 1. Off-street parking shall be provided in conformance with the requirements of this Chapter. 2. No new nonconformities with the requirements of this Chapter are created. Planning Commission 1 — 17 3/6/2025 City Council 21 — 419 Ordinance5/�v0.3-xxx Page 5 of 49 3. A minimum of eight hundred (800) square feet of usable, continuous, non -front yard open -space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. c. Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback and is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter. d. An existing two -car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered con=forming. e. Remodeling shall mean to reconstruct, or to make over in structure or style, but shall exclude re -roof, window replacement, exterior finish replacement and repair or similar modifications, as determined by the Executive Director of the Planning and Building Agency, or designee. f. No provision contained in this Article shall be interpreted or implemented in a manner inconsistent with State law addressing accessory dwelling units, as contained in Government Code Section 66310. et. sea..- as amended from time to time. Discontinuance of Nonconforming Uses, Generally. Nonconforming uses shall be discontinued pursuant to Sec. 41-683 (Discontinuance of nonconforming building or use) of this Chapter, regardless of intent, except as provided below: a. Discontinuance of Noxious Use. 1. If a nonconforming industrial use that meets the definition of a Noxious Uses as defined in this Article requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this Article_ 2. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article is in violation of any applicable Federal, State, or local regulation, as provided below, legal nonconforming status shall be lost and anv subseauent use of the buildina shall conform in every respect to the provisions of this Chapter: A. The violation lasts a period of thirtv (30) consecutive days: or B. The violation(s) are observed and documented for a total period of sixty (60) days in a one-year period; or Planning Commission 1 —18 3/6/2025 City Council 21 — 420 5/6/ 0 Ordinance o. -XXX Page 6 of 49 C. Three noncompliant notices from a Federal, State, or local regulatory agency relating to or arising from the nonconforming use are sent in a one-year period. 3. For the purpose of this subsection 5(a)(2): A. The thirty (30) consecutive day time period shall be measured from the date of the first observed and documented violation. B. A one-year period shall be the twelve (12) consecutive months of time preceding the sixtieth (601") day of total violations; or the twelve (12) consecutive months of time preceding the issuance of the third (3rd) noncompliant notice. C. Local regulations mean the SAMC, including, but not limited to, the operational standards contained in Section 41-2009 of this ArtirrlP D. A local regulatory agency includes the City, County of Orange, special districts, or any other local government agency charged with regulating noxious uses. E. Noncompliant notices may include, but are not limited to, Notice to Comply and Notice of Violation as issued by the South Coast Air Quality Management District (SCAQMD), Department of Toxic Substances Control (DTSC), California Environmental Protection Agency (CalEPA), Certified Unified Program Agency (CUPA), and Santa Ana Regional Water Quality Control Board (SARWQB). Elimination of Nonconforming Uses and Structures. a. Elimination of Nonconformina Uses and Structures. General 1. The City Council has determined that elimination of nonconforming uses and structures by amortization may be considered based upon one or more of the following factors: A. The threat to the public health, safety, and welfare posed by the continuance of the nonconformina use or structure: B. Adaptability of the land and improvements to a currently permitted use; C. Compatibility with the existing land use patterns and densities of the surroundina neiahborhood: Planning Commission 1 — 19 3/6/2025 City Council 21 — 421 5/6/ 0 Ordinance o. -XXX Page 7 of 49 D. Excessive calls for service to applicable response agencies related to the operation of the nonconformina use: and E. Failures to remedy notices of violation, administrative warnings, or other notices of noncompliance issued by a Federal, State, or local agency, including the City. 2. The Executive Director of the Planning and Building Agency, or designee, in conjunction with other City Departments and Agencies, may establish, and periodically update, a list or data resource that identifies categories of nonconforming uses or structures with specific metrics and operational characteristics, to develop a ranking system for use in the consideration of eliminatina nonconformina uses or structures through amortization. 3. The determination of an appropriate amortization Deriod for termination of a nonconforming use pursuant to this Article shall be made by a Hearing Officer retained by the City and who has professional legal and land use experience to address amortization. The Hearing Officer shall order nonconforming uses and structures to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection b (Establishment of Amortization Periods), and consider the following: A. If the nonconforming user has not made a substantial investment in furtherance of the use or structure, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require a nonconforming use or structure to be discontinued and removed from their site within a minimum of one year after the date of the order. B. If the nonconformina user has made a substantial investment in furtherance of the use or structure, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the discontinuation and removal of the nonconforming use or structure within a longer reasonable amount of time- C. Nonconforming uses or structures that are determined to be an imminent threat to the public health or safety may be subject to immediate cessation and removal, pursuant to Chapter 1 (General Provisions) of the SAMC. 4. Nonconforming uses and structures may also, upon order from the City or a court order. be subiect to immediate cessation and removal of the nonconforming use or structure. b. Establishment of Amortization Periods. Where a Deriod durina which a nonconforming use or structure is to be discontinued and removed from a Planning Commission 1 — 20 3/6/2025 City Council 21 — 422 5/6/ 0 Ordinance o. -XXX Page 8 of 49 site or sites is required pursuant to this Article, such period shall be established as follows: 1. The Executive Director of the Planning and Building Agency, or designee, shall submit the nonconforming use or structure and a recommended amortization period, based on subsection 4. herein, to a Hearina Officer pursuant to Chanter 3 of the SAMC for review: 2. The Hearing Officer shall hold a noticed hearing to consider the recommended amortization period. Notice of the hearing shall be provided to the owner or operator of the nonconforming use or structure and the property owner at least ten (10) days prior to the hearing. Additional notice may also be provided to surrounding property owners and/or tenants, at the discretion of the Executive Director of the Planning and Building Agency, or designee. 3. The Hearing Officer shall consider the recommendations submitted by the Executive Director of the Planning and Building Agency, the General Plan of the City, and any testimony or evidence provided during the hearina. in order to determine the amortization schedule for elimination of the nonconforming use or structure. 4. The Hearina Officer shall establish a maximum amortization Deriod during which the nonconforming use or structure shall be permitted to continue after considering the following in relation to the use or structure: A. The amount of investment or original cost of the use or structure; B. The present actual or depreciated value of the use or structure; C. The remainina useful life of the use or structure: D. The remaining term of the lease (if applicable); E. The date or dates of construction; F. Amortization of the business or structure for tax purposes; G. The salvaae value: H. Adaptability of the land and improvements to a currently permitted use; I. Cost of moving and reestablishing the use elsewhere; J. Compatibility with the existing land use patterns and densities of the surroundina neiahborhood: City Council 21 — 423 Ordinance5/�v0.3-xxx Page 9 of 49 K. The threat to the public health, safety, and welfare posed by the continuance of the nonconformina use or structure: L. Calls for service to applicable response agencies; M. Notices of violation, administrative warnings, or other notices of noncompliance arising from or related to the nonconforming use issued by a Federal, State, or local agency, including the City; and N. Other factors as appropriate. c. Hearing Officer Determination and Compliance. The determination of the Hearing Officer shall be made in writing and shall be final. Notice of Amortization and Termination of Use. The Executive Director of the Planning and Building Agency, or designee, shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Article, in those instances where an amortization period has been determined pursuant to this Article. Such notice shall be sent within ten (10) days of the termination of any appeal period. If the amortization period ends before or less than six (6) months after providing such notice, the notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof and the approved amortization term. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article. The Executive Director of the Planning and Building Agency, or designee, shall be authorized record a Notice of Amortization Term & Termination of Use with the County Recorder, as provided for in California Government Code Section 27201(a). 2. Notice of Termination and Order to Comaly and Conclusion of Amortization Period. Notice of Termination of a nonconforming use and order to comply shall be served by the Executive Director of the Planning and Building Agency, or designee, at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances, where the Executive Director of the Planning and Building Agency, or designee, is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconformina use. Planning Commission 1 — 22 3/6/2025 City Council 21 — 424 5/6/ 0 Ordinance o. -XXX Page 10 of 49 3. Reauest for a Continuance of Nonconformities Bevond Period of Amortization Period. A request for a continuance of nonconformities beyond the period of amortization may be granted as follows: a. Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Executive Director of the Planning and Building Agency, or designee, makes the following determinations: i. Special Circumstances. That special circumstances apply to any such use or structure that do not apply generally to others affected hereby; and ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with. and not detrimental to, the use of adjacent properties. b. Application Process for Continuance. Any application for a continuance of a nonconforming use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be reauired in accordance with this Code. c. Determination by Executive Director of the Plannina and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, or designee, shall investigate the matter, give proper notice to the applicant, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Executive Director of the Planning and Building Agency, or designee. The Executive Director of the Planning and Building Agency, or designee, may impose such conditions, including additional time extensions not to exceed two (2) additional years, as may Planning Commission 1 — 23 3/6/2025 City Council 21 — 425 5/6/ 0 Ordinance o. -XXX Page 11 of 49 be deemed necessary for the compatibility of such nonconformitv with adiacent Droaerties. d. Appeals. Appeals shall be filed in accordance with Chapter 3 of the Santa Ana Municipal Code. 4. Failure to Comply with Hearing Officer's Determination. Failure to comply with the Hearing Officer's determination to discontinue a nonconforming use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC. 5. Failure to Terminate Use at Conclusion of Amortization Period. The failure to terminate a nonconforming use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law. d. Additional Administrative Policies and Procedures. The Executive Director of the Planning and Building Agency, or designee, may enact and shall Publish any additional administrative policies and procedures to effectuate the purposes of this Chapter, including, but not limited to, administrative policies and procedures to govern the selection of a neutral hearing officer and the conduct of hearings for the Establishment of Amortization Periods in order to implement the provisions of this Article. (7) Abatement. The provisions of this Section are in addition to authority existing under State law to declare and abate a public nuisance pursuant to California law and other applicable provisions of the SAMC. In the event that a legal nonconformina structure or use is found to constitute a Dublic nuisance. appropriate and alternative action may be taken by the City pursuant to Chapter 1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this Chapter). (8) Exception. The provisions of this section shall not apply to multifamily dwellings damaged or destroyed by fire in accordance with Government Code Section 65852.2. (9) Voluntary Compliance Agreement. The Executive Director of the Planning and Building Agency, or designee, is hereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to establish terms for compliance with the provisions of this Article." Section 6. Section 41-2004 (The Industrial Overlay I-OZ) Zone) of Chapter 41 of the SAMC is hereby amended to read as follows: Planning Commission 1 — 24 3/6/2025 City Council 21 — 426 5/6/ 0 Ordinance o. -XXX Page 12 of 49 "Sec. 41-2004 Reserved. The lRd striol Overlay (I_OZ) Zee pi- FIFL* . N ■ Section 7. Section 41-2005 (Application for Discretionary Approvals) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2005. Application for Discretionary Approvals (a) Site Plan Review shall mean specific development plan and shall comply with Sections 41-593.4 through 41-593.6. Sections 41-593.4 through 41-593.6 shall only apply to structures over four (4) stories in height. (b) Conditional use permits, variances and minor exceptions. Conditional use permits, variances and minor exceptions shall be subject to Article V of this Chapter, except for the permit thresholds for minor exceptions shall be as identified in Table 1 B of this Article. (c) Effect of amendments to this Article on applications in progress shall apply as follows: Ljj Discretionary Applications Submitted and Determined Complete. All discretionary permit applications that are active and that have been determined to be complete before the effective date of the Article or any amendment, shall be processed in compliance with the requirements in effect when the application was deemed complete, and pursuant to all reauirements of Sections 41-2008 and 41-2009. Approved Projects Not Yet Under Construction. Any structure authorized by a discretionary permit or approval of a land use as allowed by this Article for which a Building Permit application has been submitted or a Building Permit Planning Commission 1 — 25 3/6/2025 City Council 21 — 427 5/6/ 0 Ordinance o. -XXX Page 13 of 49 has been issued may be constructed in compliance with the permit or approval, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension. QJ Project Under Construction. A project for which a Building Permit has been issued may be continued and completed in compliance with the plans and specifications upon which the permit was issued." Section 8. Section 41-2006 (Zones Established) of Chapter 41 of the Santa Ana Municipal Code is hereby amended, including the replacement of Figure 2.1, to read as follows: "Sec. 41-2006. Zones Established (a) Purpose. This section establishes the zones applied to property within the plan area by the Regulating Plan. The Regulating Plan divides the plan area into separate zones that are based on a transect of intensity within the plan area that ranges from the most urban types of development and land use to the least urban types, with most zones providing for a significant mixture of land uses within them. This approach differs from conventional zoning maps that typically divide cities into zones that rigidly segregate residential, commercial, industrial, and institutional uses into separate areas, and thereby require residents to drive for nearly all daily activities. The use of zones based on development intensity (instead of land use zones) as the spatial basis for regulating development, directly reflects the functions of, and interrelationships between, each part of the plan area. The zones also effectively implement the City's urban design objectives for each part of the plan area, to establish and maintain attractive distinctions between each zone. This is why some parcels are zoned with more than one zone. In such cases, the zoning is divided along a clear boundary such as the middle of a block. The zones of this Regulating Plan allocate architectural types, frontage types, and land uses within the plan area, as well as providing detailed standards for building placement, height and profile. The diagram +n the rink+ Figure 2.1 identifies the eight 8 9 zones applied within the plan area as they relate to existing rights -of - way and parcels. (b) Zones established. The following zones are applicable to this specific plan, and applied to property within the boundary as shown on the Regulating Plan. (1) Transit Village (TV) Zone. The Transit Village zone is intended to provide standards for compact transit - supportive mixed-use/residential development. This zone is characterized by a wide range of building intensity, including mixed -use tower -on -podium buildings, flex blocks, liners, stacked flats, and courtyard housing. The zone accommodates retail, restaurant, entertainment, and other pedestrian -oriented uses at street level, with offices and flats above in the mixed -use building types, at high intensities and densities. The landscape palette is urban, with shading Planning Commission 1 — 26 3/6/2025 City Council 21 — 428 Ordinance5/�v0.3-xxx Page 14 of 49 and accent street trees in parkway strips along Santa Ana Boulevard, and in sidewalk tree wells where on -street parking is provided. Parking is accommodated on -street, in structures with liner buildings, and underground. (2) Government Center (GC) Zone. This area accommodates a wide variety of civic uses, including Federal, State, and local government offices and services, libraries, museums, community centers, and other civic assembly facilities and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. Building types vary according to their public purpose, are programmed by the various government agencies for their specific sites, and therefore are not coded by this Article th�TaRSit ZeRiRg Go -de (,SD84A and SD84B4. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells, and in landscaped public plazas. (3) Downtown (DT) Zone. This zone is applied to the historical shopping district of Santa Ana, a vital, pedestrian -oriented area that is defined by multi -story urban building types (flex blocks, live -work, stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light service, and residential uses. The standards of this zone are intended to reinforce the form and character represented by pre -World War II buildings and recognized as a National Historic District, through restoration, rehabilitation, and context - sensitive infill. The standards also facilitate the replacement or improvement of post-war development that eliminated the pedestrian orientation of various downtown blocks (for example, parking structures with no features of pedestrian interest along their entire lengths). The landscape style is urban, emphasizing shading and accent street trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings, underground, and within block centers in surface lots not visible from streets. (4) Urban Center (UC) Zone. This zone is applied to the area surrounding the Downtown, which serves as a transitional area to the surrounding lower intensity neighborhoods and to other areas where mixed -use and multi -unit residential buildings create a pedestrian - oriented urban fabric. The zone provides for a variety of non-residential uses and a mix of housing types at medium intensities and densities. Besides accommodating community serving businesses, this zone may also serve the daily convenience shopping and service needs of nearby residents. Building types include mixed -use Flex Blocks, stacked flats, live -work, row- houses, and courtyard housing. The landscape is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings and underground in areas adjacent to the DT zone, and in surface lots away from street frontages. (5) Corridor (CDR) Zone. This zone is applied to properties fronting existing commercial corridors and provides standards to improve pedestrian -orientation in a transit -supportive, mixed -use area. Mixed -use flex block and live -work building types are at or Planning Commission 1 — 27 3/6/2025 City Council 21 - 429 5/6/ 0 Ordinance o. -XXX Page 15 of 49 near the sidewalk, and accommodate street level retail, service, and office uses, with office and residential above. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on -street, and in screened surface lots between buildings, or away from streets, with no more than half the site frontage occupied by parking. (6) Urban Neighborhood 2 (UN-2) Zone. This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood - serving retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and live - work. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties (see Regulating Plan). The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow- depth landscaped front yards separating buildings from sidewalks. Parking is on - street, and in garages located away from street frontages. (7) Urban Neighborhood 1 (UN-1) Zone. This zone is applied to existing primarily residential areas and is intended to strengthen and stabilize the low intensity nature of these neighborhoods. Appropriate building types include single dwellings, duplexes, triplexes, and quadplexes, and live -work. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips and landscaped front yards separating buildings from sidewalks. Parking is on -street, and in garages located away from street frontages. 01 . IIL -A . (8) {- Open Space (0) Zone. This zone identifies areas reserved for community parks and other open spaces and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. Allowable structures in this zone are limited to those necessary to support the specific purposes of the particular open space area (e.g., sport -court enclosures and multi -purpose buildings in active parks, and trails within passive parks)." Planning Commission 1 — 28 3/6/2025 City Council 21 — 430 5/6/ 0 Ordinance o. -XXX Page 16 of 49 City Council 21 — 431 ordi 5/6e�0ano.3A xxx Page 17 of 49 Figure 2.1 Regulating Plan with Existing R.O.W. -�f� N. 0 275 550 1.100 1.650 2,200 ^^.. ��` 1111111111�--IIILLJJ..W__IIIIIJJJIII s w E b�1 - w - —L .. / ' , '` ✓ Sys^ 3 T� TLF �e �-� Z j _aF�aHI i =ems I iTTT--' ��l I T—T1T1" �w..mo,.,mn �u� �Haon�oman,uHa ° rPvi� Transit Zoning Code SD-84 Proposed Zoning Designations Section 9. Section 41-2007 (Uses Permitted) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2007. Uses Permitted. (a) Allowable Land Use Types. A parcel or building within the SpeGifin Development SD-84 area shall be occupied by only the land uses allowed by the table entitled Use Standards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan. b) No buildina shall be erected. constructed. reconstructed or structurally altered except in conformance with the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in this Article, not expressly permitted in anv district enumerated in Table 2A, are prohibited. {-b-) Lc) Garage sales are allowed in compliance with Section 41-193. {0 Ld) Temporary outdoor activities are allowed in compliance with Section 41-195.5. 04 Le) Youth amusement rides are permitted in compliance with Section 41-366 for C1 districts. Planning Commission 1 — 30 3/6/2025 City Council 21 — 432 5/6/ 0 Ordinance o. -XXX Page 18 of 49 (e) � Drive -through facilities shall not be permitted. The conversion of existina structures containina residential land uses to non- residential land uses is prohibited in the UN-1 and UN-2 zones. Table 2A — Use Standards Land Use Type Permit Required by Zone UC CDR UN-2 UN-1 RESIDENTIAL Live -Work Use / Joint living -working quarters P (2) P (2) P (2) P (2) CUP I CUP Care Homes CUP CUP CUP CUP CUP CUP Single Dwelling --- --- --- --- P P Multi -Family Dwellings P (1) P (1) P (1) P (1) P P Table 2A — Use Standards Land Use ECREATION, EDUCATION AND ASSEMBLY ommunity assembly ealth/fitness facility brary, museum chools tudio [ter, cinema or performing arts mercial Recreation (Indoor) up to 5,00 Permit Required by Zone DT UC CDR UN-2 UN-1 P (1) P (1) P (1) 1 P CUP I CUP P P P P CUP --- P P P P P CUP P (1) P (1) P (1) P CUP CUP P P P P CUP CUP all) P 1 P 1 P 1 CUP_ P I P I P P CUP --- mercial Recreation (Indoor) > 5.0001 CUP I CUP I CUP I --- I CUP I --- able 2A — Use Standards Land Use Type Permit Required by Zone TV DT I UC I CDR I UN-21 UNA RETAIL General retail, except with any of the followingl P P P P P (2) --- features Floor area over 20,000 per tenant CUP I CUP I P --- CUP --- Planning Commission 1 — 31 3/6/2025 City Council 21 — 433 5/6/ 0 Ordinance o. -XXX Page 19 of 49 able 2A - Use Standards Land Use Type san/craft product - limited on -site ng establishments able 2A - Use Standards Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UNA cup. CUP CUP --- CUP I --- P P P I P I P (2) --- P I P- I Permit Required by Zone TV DT UC CDR UN-2 UN-1 SERVICE GENERAL Banquet facility/catering-sub. to 41.199.1(a) CUP CUP CUP CUP CUP --- through (d) (1) Gh+ld day Daycare center P (3) P (3) P P CUP CUP Adult day care center -subject to 41.199.2 of the P (3) P (3) P P P --- SAMC Hotel, excludes transient residential hotel and P I P I P I P long-term stay Personal services --- I — GUR I P_ P P P P P (2) P (2) Personal services - restricted --- --- CUP CUP CUP --- Pet day care facility CUP CUP CUP CUP CUP --- Tattoo/Body Art Establishments - subject to P 41.199.3 of the SAMC Craft and saecialized automotive restoration --- P P P --- --- I P I P I P I CUP I --- service 'Table 2A - Use Standards Land Use Type Permit Required by Zone TV DT I UC I CDR I UN-21 UN-1 SERVICES -BUSINESS -FINANCIAL -PROFESSIONAL -TECHNOLOGY Bank, financial services P P P P --- --- Business support service P P P P P (2) P (2) Planning Commission 1 - 32 3/6/2025 City Council 21 - 434 5/6/ 0 Ordinance o. -XXX Page 20 of 49 Table 2A — Use Standards Land Use Type inic, urgent care )ctor, dentist, chiropractor, etc., office Media production — office or storefront type soundstage) Professional / administrative/service office Permit Required by Zone LDT UC CDR UN-2 UN-1 --- --- CUP P --- --- P (1) P (1) P (1) P --- --- GUR --- P CUP P P P 1_ P_ P(1) P(1) P(1) P P(2) P(2) Pam_ I Pam_ I CUP_ IMM Now L' 11 U-1 It — I L j---- I I I � I I_MUMM EEE= &h4ap CIIf Table 2A — Use Standards Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UN-1 TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE Helistops CUP CUP --- --- --- --- Planning Commission 1 — 33 3/6/2025 City Council 21 — 435 5/6/ 0 Ordinance o. -XXX Page 21 of 49 Table 2A — Use Standards Land Use Type TV JParking facility - public or commercial, inclusive P icles Permit Required by Zone DT UC CDR UN-2 UNA P P P --- I --- Transit station or terminal CUP I --- --- CUP --- I --- Public utility structure, excluding wireless --- --- --- --- CUP --- communication facilities Table 2A — Use Standards Land Use Type Permit Required by Zone TV DT I UC I CDR I UN-21 UNA MISCELLANEOUS Any structure over four (4) stories in height Businesses operating between 12 and 7 am Alcoholic beverage sales or consumption storage facility Drive-thru facili Key (1) Use permitted only an second or upper floors, or behind retail or ser- vice ground floor use. (2) Permitted only as part of a vertical mixed use protect, with upper floor residential (3) Permitted only as part of a mixed use project with a commercial or residen- tial component SPR SPR I SPR SPR I SPR --- CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP --- --- --- --- --- CUP --- P use is permitted subject to compliance with all appli- cable provisions the Santa Ana Municipal Code LUC use is permitted subject to the approval of a Land Use Certificate. CUP use is permitted subject to the approval of a Conditional Use Permit_ SPR use is permitted subject to the approval of Site Plan Review. --- use not permitted in particular zones. Section 10. Section 41-2008 (Operational Standards) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Planning Commission 1 — 34 3/6/2025 City Council 21 — 436 orainan6/�0.3-xxx Page 22 of 49 "Sec. 41-2008. Operational Standards (a) All property shall be maintained in a safe, sanitary and attractive condition including, but not limited to, structures, landscaping, parking areas, walkways, and trash enclosures. (b) All business activities shall be conducted and located within an enclosed building, except as allowed by Section 41-195 of the SAMC and except that the following business activities may be conducted outside of an enclosed building: (1) Newsstands (2) Flower Stands (c) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product., ether +haR that which iE Glearly innideRtal to a partiGUlar retail and general eRterprise, and where SUGh goods are OR the premises (d) There shall be no work inside of a structure that generates noise that exceeds 60 dB CNEL measured at the exterior wall of the individual tenant unit of a structure. (e) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. (f) Public utility structures, including electric distribution and transmission substations shall be screened by a solid wall at least eight (8) feet high, except as restricted by Sections 36-45, 36-46, and 36-47. (g) Any activity permitted shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, or vibration. (h) Small sGale Artisan/craft product - limited on site production and research and development land uses shall require a solid wall or fence not less than eight (8) feet in height along any rear or side lot line. (i) All business activities, including, but not limited to, compounding, processing, packaging or assembly of articles of merchandise and treatment of products shall be conducted within a completely enclosed building. No ancillary vehicle maintenance or repair shall be allowed on site. (j) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line. (k) No business activity that generates noise or vibration shall be conducted between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 10.00 a.m. Saturday and Sunday. Planning Commission 1 — 35 3/6/2025 City Council 21 — 437 Ordinance5/�v0.3-xxx Page 23 of 49 (1) Automobile servicing uses including nonconforming establishments, shall comply with the following operational standards: (1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m. Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Saturday and Sunday. No servicing shall be conducted on Sundays. (2) All work shall be conducted inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not permitted." Section 11. Section 41-2009 (Operational Standards for Nonconforming Industrial Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby added in its entirety to read as follows: "Sec. 41-2009. Operational Standards for Nonconformina Industrial Uses. (a) In addition to the operational standards listed in Sec. 41-2008, the following shall apply to nonconformina industrial uses: (1) The purpose of these operational standards is to protect and improve the living and working environment, the appearance of the community, reduce or eliminate nuisance conditions, and minimize the impacts of industrial uses on adjacent properties. (2) These standards are in addition to the operational standards established in Sec. 41-2008 and shall apply to all nonconforming industrial uses, including those existing industrial uses that become nonconforming at the effective date of anv implementina ordinance. (3) Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area. (4) If any nonconforming use that operates in an unlawful manner, including but not limited to: frequent code violations, police calls, or loitering complaints relating to the nonconforming use; or is not in good standing with the City, including, but not limited to violations of Chapter 16 of the Santa Ana Municipal Code or public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code, or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including initiating a hearing to consider business license revocation and/or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one (1) violation, call, or complaint per month during any twelve (12) month period, and "constant service calls" is defined as more than one (1) service call per month relating to or arising from the nonconforming use during any twelve (12) month period Planning Commission 1 — 36 3/6/2025 City Council 21 — 438 5/6/ 0 Ordinance o. -XXX Page 24 of 49 (b) Enclosed Operations. (1) All business activities, including, but not limited to, compounding, processing, aackaaina. or assemblv of articles of merchandise and treatment of aroducts shall be conducted within a completely enclosed building. (2) No automobile service or repair of any kind shall be allowed outdoors on site. (c) Air Emissions and Dust (1) No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosahere. (2) Uses, activities, and processes shall not operate in a manner that emit dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Reaulations. Title 40). the California Air Resources Board. and the South Coast Air Quality Management District. (d) Light, Glare, and Heat (1) No direct or indirect glare or heat, whether from floodlights or from high - temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. (2) To ensure that industrial development does not create light and glare nuisances, the following performance standards shall be observed: a. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to ensure that there is no spillover of light and glare that will impact drivers or pedestrians on the public streets, on -site activities, and adjoining or nearby properties. b. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties as determined by the Executive Director of the Planning and Building Agency, or designee. (3) Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating pedestrian walkways. Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and down -lit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties. (4) No use shall be operated such that significant, direct glare, incidental to the operation of the use, is visible beyond the boundaries of the lot where the use is located. City Council 21 — 439 5/6/ 0 Ordinance o. -XXX Page 25 of 49 e) Ground Vibration (1) No use shall generate ground vibration perceptible without instruments at an point along the property line of the site except for motor vehicle operations. (2) No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subiect Darcel are exemat from this standard. (f) Storage and Screening (1) No material or waste shall be deposited upon a subiect parcel in such form or manner that it may be transferred off the parcel by natural causes or forces. (2) All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors onlv in closed containers. (g) Hazardous Materials (1) Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with City of Santa Ana regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited. (2) No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. (3) No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. (h) Liquid and Solid Waste (1) Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. Planning Commission 1 — 38 3/6/2025 City Council 21 — 440 5/6/ 0 Ordinance o. -XXX Page 26 of 49 (2) The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes. is Drohibited. (3) Wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling subject to the review and oversight of the Fire Department. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects. i) Site Maintenance. All industrial land uses shall be maintained in compliance with Chapter 16 of the Santa Ana Municipal Code and not constitute public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code at all times and consistent with project conditions of approval (if applicable). Truck Parkina and Loadin (1) All truck parking areas must be on paved surfaces. The parking, loading or unloadina of trucks associated with a business on Dublic streets is Drohibited. (2) Trucks idling is prohibited. (3) All truck parking and loading areas shall be maintained in good condition as determined by the City. Annual inspections may be conducted by the City to ensure compliance. Any violation or failure to comply with any of the requirements of this Chapter shall be deemed a nuisance. (k) Hours of Operation (1) For non -conforming industrial uses which are directly across a street from or abutting residential uses or structures, hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10:00 a.m. to 6:00 p.m. Saturday. (2) No operating hours are permitted on Sundays, or Federal Holidays." Section 12. Section 41-2080 (Definitions) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: "Sec. 41-2080 - Definitions The words and phrases, shall be construed as defined in this Article, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number. If any of the definitions in this section conflict with definitions in Chapter 41 of the Santa Ana Municipal Code (SAMC), these definitions shall control for the purposes of this Article. If any term herein is not defined by this subsection, the definitions contained within Division 2 (Definitions) of Article I of Chapter 41 of the SAMC shall apply. Planning Commission 1 — 39 3/6/2025 City Council 21 — 441 5/6/ 0 Ordinance o. -XXX Page 27 of 49 1. Access (Direct): The physical pedestrian entrance to a unit that is provided directly from the street or courtyard. Also described as walk-up access. 2. Access (Point): The physical pedestrian entrance to a unit that is provided through a common space, such as a lobby or corridor that connects directly to the street or courtyard. Also described as non -walk-up access. 3. Accessory Structure: An accessory structure or building is a detached building or structure, or part of a building or structure, which is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities (e.g., storage shed, garage, gazebo), and is used exclusively by the occupant of the main building. 4. Alley: An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and is intended for service and only a secondary means of access to abutting properties. 5. Arcade: see `Frontage Types' 6. Artisan/craft product maR ifo GW41 n - limited on -site production: The mono ifa Gt iriRg efo ri�UGtS primarily by hand by nor�?tFaiT d in an 61r06}i�ill, irlinn Ger��il ?ottery, glass r� hlOWinor SGUlpturA specialized commercial facility with a retail -facing operation open to the public. Products are typically made by hand or with a restricted level of automation demonstrating an artistic skill. On -site production of artisan/craft Droduct activities include desian. production. processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are not limited to, electronics, food products, furniture -making, beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities. 7. Attic: The area found directly below the roof of a building and the ceiling of the top floor. The attic shall be an uninhabitable area. 8. Automobile repair: Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of non-factory installed products except those permissible throuah automobile servicing as defined herein. 9. Automobile service or Automobile servicing: Automobile service or automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication. air conditionina servicina. wheel alianments. replacement of brake pads, and engine tune-ups. 10. Bank, financial institution: An establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of Planning Commission 1 — 40 3/6/2025 City Council 21 — 442 5/6/ 0 Ordinance o. -XXX Page 28 of 49 funds. Excludes check cashers as defined by California Civil Code section 1789.31. 11. Basement: That portion of a building between floor and ceiling which is either totally or partly below grade and in compliance with the definition of basement established in the California Building Code (CBC). 12. Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivision. 13. Building Height: The vertical extent of a building measured in stories to the eave of the highest story, not including a basement or an attic. Height limits do not apply to masts, belfries, clock towers, steeples, equipment screening, chimney flues, and similar structures. Building height shall be measured from the average grade of the fronting thoroughfare curb level. 14. Building Placement: The maximum horizontal envelope available for placing a building on a lot. 15. Building Type: A structure defined by the combination of configuration and placement. The building types used in this Article are listed below: a. Bungalow Court: A configuration of freestanding single units arranged around a common, shared courtyard that is wholly open to the street. The individual buildings are arranged next to each other to form the bungalow court building type. b. Courtyard Housing: A building type consisting of residences that can be arranged in four possible configurations: townhouses, townhouses over flats, flats, and flats over flats. The structures are arranged next to each other, on one or more courts that are partly or wholly open to the street. c. Duplex, Triplex, and Quadplex: architecturally presented as large neighborhood setting. Multiple dwelling forms that are single-family houses in their typical d. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. e. House: A structure occupied by a single household that also accommodates commercial and office uses as allowed. f. Hybrid Court: A building that combines the point -access portion of the stacked dwelling building type (double -loaded corridor element) with the walk-up portion of the courtyard housing building type. Planning Commission 1 — 41 3/6/2025 City Council 21 — 443 5/6/ 0 Ordinance o. -XXX Page 29 of 49 g_ Lined Block: A building that conceals a public garage or other faceless building that is designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. h. Live/Work: An integrated residence and working space, occupied and utilized by a single household in an arrangement of at least 3 such structures or 1 multiple structure with a least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. i. Rowhouse: An individual structure on a parcel with a private rear yard and individual garage accessed from an alley. Such structure shall be developed in an arrangement of at least 3 such structures along the primary frontage. Or, a structure of at least 3 attached townhouse unit types arranged side by side with a private rear yard and individual garage accessed from an alley along the primary frontage. L Stacked Dwellings: A building of single -floor or multi -floor residences of similar configuration either above or below that are stacked. k. Tower -on -Podium: A multi -level building organized around a central core with the first two to five floors expressed as a podium building. I. Tuck -Under Housing: An individual structure on a parcel with no rear yard, where its garage is tucked under the rear of the house and accessed from an alley. Such structure shall be developed with at least four such individual structures, or a structure of at least four attached townhouse units types arranged side by side along the primary frontage. 16. Bungalow Court: See 'Building Types' 17. Business support service. Commercial establishment that provides services to other businesses including maintenance, repair and service, testing, rental, etc. including the following examples: a. Computer -related services (rental/repair) b. Copying and quick printing services c. Film processing and photofinishing (retail d. Graphic design services e. Mailing and mail box services f. Security systems services 18. Clinic, Urgent Care: A facility other than a hospital where medical, mental health, surgical or other personal health services are provided on an outpatient basis, including incidental medical laboratories. Examples of these uses include: a. mMedical offices with five or more licensed practitioners or medical specialties Planning Commission 1 — 42 3/6/2025 City Council 21 — 444 5/6/ 0 Ordinance o. -XXX Page 30 of 49 b. o0ut-patient care facilities, urgent care facilities. c. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional/Administrative." 19. Community Assembly: Group gatherings conducted indoors such as synagogues, mosques, temples, churches, community centers, bingo halls, private clubs, fraternal, philanthropic and charitable organizations and lodges. 20.Commercial Recreation Facility - Indoor: Establishments providing indoor amusement and entertainment services for a fee or admission charge, including: a. Bowling alleys, Tossing or Throwing Games, Indoor Sports b. Coin -operated amusement arcades c. Electronic game arcades (video games, etc.) Pool, billiards d. Skating sports (ice, roller, board), Escape Room, Mystery Games This use does not include adult businesses. Four or more electronic games or coin - operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site. Ancillary uses include meeting rooms, snack bars, and equipment rental or sales are permitted within an indoor recreation facility, provided that their gross floor area of the ancillary use does not exceed twenty percent (20%). Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. 21. Commercial Frontage: The non-residential frontage of a building. Non-residential activities subject to city approval are allowed within this space, which must be at least 25 feet in depth. These spaces are limited to the first floor and as such, have different building requirements than upper floors (e.g., large storefront windows, signage, etc.). 22. Courtyard Housing: See 'Building Types' 23. Craft and specialized automotive restoration service: A specialized business or commercial enterprise occurring inside of a fully -enclosed structure that focuses on repairing and restoring older cars, often considered "collector cars" as defined by the State; which includes (1) a vehicle model 35+ years old, (2) a vehicle model 25+ years old with historic plates, or (3) a vehicle model classified as a special interest vehicle. Such restoration services return these types of vehicles to their original condition, including mechanical components, bodywork, and interior, aiming to preserve their historical authenticity and aesthetic appeal. The vehicle must not be altered from the manufacturer's original specifications or considered a "kit" car_ Planning Commission 1 — 43 3/6/2025 City Council 21 — 445 5/6/ 0 Ordinance o. -XXX Page 31 of 49 24. Doctor, dentist, chiropractor, etc. office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care ser- vices are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. 25. Duplex, Triplex and Quadplex: See 'Building Types' 26. Dwelling Unit Types: a. Apartment: A rental version of a Flat, Loft, or Townhouse. b. Condominium: An ownership version of a Flat, Loft or Townhouse c. Flat: A single -story unit. d. Loft: A double -story height unit with a mezzanine. e. Townhouse: A two to three-story unit. 27. Elevation (Building): The exterior walls of a building. Also referred to as 'Facade' when the elevation is along a frontage line. 28. Entrance (Main or Primary): The principal point of access of pedestrians to a building. In the support of pedestrian activity, the main or primary entrance should be oriented to the frontage rather than to the parking. ._ __ _. 29. Facade: The exterior wall of a building that is set along a frontage line. Facades support the public realm and are subject to frontage requirements additional to those required of elevations. 30. Flex Block: See 'Building Types' Forecourt: See 'Frontage Types' 31. Frontage Line: Those lot lines that coincide with a public street line. One shall be designated as the Principal Frontage Line. Facades along Frontage Lines define the public realm and are therefore more highly regulated than the elevations that coincide with other lot lines. Frontage lines are subject to the urban standards, architectural standards, signage standards, and subdivision standards. 32. Frontage Type: The architectural element of a building between the public right- of-way and the private property associated with the building. Frontage Types combined with the public realm create the perceptible streetscape. The following frontage types used in this Article are listed below: a. Arcade: A facade with an attached colonnade, that is covered by upper stories. This frontage type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. Planning Commission 1 — 44 3/6/2025 City Council 21 — 446 5/6/ 0 Ordinance o. -XXX Page 32 of 49 For Building Code considerations, this frontage type cannot cover the public right- of -way. b. Forecourt: A semi-public exterior space partially within the shopfront, gallery or arcade frontage that is partially surrounded by a building and also opening to a thoroughfare forming a court. The court is suitable for gardens, outdoor dining, vehicular drop-off and utility off-loading. c. Front yard / Porch: A common frontage type associated with single family houses, where the facade is set back from the right of way with a front yard. A porch may also be appended to the facade. A fence or wall at the property line may be used to define the private space of the yard. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard. d. Gallery: A colonnade that is attached to storefronts and projects over the sidewalk. e. Shopfront: A facade placed at or close to the right-of-way line, with the entrance at sidewalk grade. This frontage type is conventional for retail front- age and is commonly equipped with cantilevered shed roof(s) or awning(s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes residential use on the ground floor facing the street, although such use is appropriate above. f. Stoop: An elevated entry porch that corresponds directly to the building entry, with stairs placed close to the frontage line on a building with the ground story elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground -floor residential uses with short set- backs. This type may be interspersed with the shopfront frontage type. A porch or shed roof may also cover the stoop. 33. Front yard/Porch: See 'Frontage Types' ..I- M, IIMIMYM�_ MVIRI 0-M, IWO INIIII _M___ --i 34. Gallery: see 'Frontage Types' 35. General Retail: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: a. art galleries, retail IL. art supplies, including framing services bicycles c. books, magazines, and newspapers cameras and photographic supplies clothing, shoes, and accessories department stores Planning Commission 1 — 45 3/6/2025 City Council 21 — 447 5/6/ 0 Ordinance o. -XXX Page 33 of 49 d. drug stores and pharmacies dry goods e. fabrics and sewing supplies f. florists and houseplant stores with indoor sales only hobby materials g_ furniture and home decor stores h. hardware and building supply stores i_ jewelry L luggage and leather goods k. musical instruments (small), parts and accessories, I. Large instruments are under "Furniture, Furnishings, and Appliance Store" m. orthopedic supplies small wares specialty shops n. sporting goods and equipment stationery o. toys and games variety stores e videos, DVDs, records, CDs, including rental stores General retail does not include the following: a. Adult business as defined in section 41-1701.6 of the SAMC, antique or collectible stores, furniture, furnishings and appliance stores, medical marijuana dispensaries or second-hand stores. b. Sheet metal shops, body -fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. c. Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit or land use certificate in one or more use districts pursuant to this code. 36. Ground Floor/ Footprint: The area resulting from the application of building placement and open space requirements and as further articulated by particular building design. In calculating the area, only the conditioned floor space shall be counted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as "ground floor/footprint." 37. Ground Floor Residential: Dwellings with their primary entrance and habitable space at grade. 38. Health and Fitness: A commercial establishment providing facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers and lockers. Health and fitness facilities may also provide for instruction programs and classes, such as martial arts, yoga where lockers and showers are provided. 39. Hotel (land use): A facility offering c"r-tern lodging accommodations, as defined and regulated by the SAMC, to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. AeeeSS :e the guest Feems shall - c Planning Commission 1 — 46 3/6/2025 City Council 21 — 448 Ordinance5/�v0.3-xxx Page 34 of 49 40. House: See 'Building Types' 41. House Scale: Multi -family building form that is derivative of and compatible with surrounding single-family houses and that can be applied in 1 to 4 direct -access assemblies of units to form larger buildings from duplex up to and including Courtyard Housing. 42. Hybrid Court: See 'Building Types' 43. Laboratory- medical -analytical: A place equipped for experimentation or observation in a field of study, or devoted to the application of scientific principles in testing and analysis. Quantities of biological or hazardous materials used in situ, shall be limited to those quantities established by the fire department 44. Lined Block: See 'Building Types' Live/Work: See 'Building Types' 45. Lot Width: The frontage of a parcel which is used to identify the parcel for street address purposes. 46. Media production: An establishment dedicated to the production of visual and audio mass media, including television, films, videos, video games, mobile devices, internet and digital interactive media, but excludes magazines, newspapers, and periodicals. 47. Mixed -Use Building: A structure lawfully containing residential and non-residential uses. 48. Multi -Family Building: A residential structure lawfully containing two or more dwelling units. Planning Commission 1 — 47 3/6/2025 City Council 21 — 449 5/6/ 0 Ordinance o. -XXX Page 35 of 49 49. Net Developable Area: The private area defined by blocks which is not to remain for public uses such as Plazas, Greens, Squares, Thoroughfares or Streetscapes. 50.Nonconforming Industrial Use: A nonconforming use as defined in Section 41-126 of the SAMC that was established on any parcel or within any building located within the boundaries of SD-84 established by this Article that is listed in the uses permitted or uses permitted subject to a conditional use permit of Division 18. M-1 (Light Industrial) or Division 19. M-2 (Heavy Industrial) of this Chapter but that are no lonaer aermissible throuah amendment to this Article. 51. Noxious Use: A nonconformina industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two (2) or more of the following: a. Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; b. Operations that are regulated by and require a permit from a federal, state, or regional agency c. Storing, processing, or disposing of listed or hazardous waste; or d. Operations that are not contained within a fully enclosed building. 52.A primary use is the principal and dominant activity that the business is devoted to, distinguishing it from a secondary or ancillary use as defined in Section 41-13.5 of the SAMC. 53.Office: These do not include medical offices (see Clinic, Urgent Care," and "Doctor, dentist, chiropractor, etc. office.") a. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial Services," which is separately defined. b. Administrative. Office -type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer -dependent or telecommunications -based activities. Examples of these uses include: c. airline, lodging chain, and rental car company reservation centers, not including retail travel agencies d. computer software and hardware design and development consumer credit reporting e. data processing services f. health management organization (HMO) offices where no medical services are provided g_ insurance claim processing Planning Commission 1 — 48 3/6/2025 City Council 21 — 450 Ordinance5/�v0.3-xxx Page 36 of 49 h. mail order and electronic commerce transaction processing telecommunications facility design and management telemarketing i. Professional. Office -type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include: L accounting, auditing and bookkeeping services advertising agencies k. attorneys I. business associations, chambers of commerce commercial art and design services construction contractors (office facilities only) counseling services m. court reporting services n. detective agencies and similar services o. design services including architecture, engineering, landscape architecture, urban planning p. educational, scientific and research organizations financial management and investment counseling literary and talent agencies q. management and public relations services media postproduction services r. news services s. photographers and photography studios political campaign headquarters psychologists t. secretarial, stenographic, word processing, and temporary clerical employee services u. security and commodity brokers v. writers and artists offices 54. Paseo: a public place or path designed for walking; promenade. 55. Pedestrian First: The practice of addressing the needs of people, once out of their automobiles, through a series of interdependent urban design and streetscape principles (e.g., wide sidewalks, street trees and shade, on -street parking, outdoor dining, inviting storefronts, the feeling of being in an `outdoor room', short cross- walk distances, interconnected and short blocks). 56. Pedestrian Shed: An area defined by the average distance that may be traversed at an easy pace from its edge to its center in approximately 5 minutes. This distance is used to determine the size of a neighborhood. This dimension averages one quarter of a mile or approximately 1,400 feet for generally flat terrain. 57. Personal Services: Establishments providing non -medical services to individuals as a primary use. Examples of these uses include: a. barber, nail salons and beauty shops clothing rental b. dry cleaning pick-up stores with limited equipment home electronics and small appliance repair locksmiths c. pet grooming with no boarding shoe repair shops d. tailors Planning Commission 1 — 49 3/6/2025 City Council 21 — 451 5/6/ 0 Ordinance o. -XXX Page 37 of 49 e. These uses may also include accessory retail sales of products related to the services provided. 58. Personal Services - Restricted: Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: a. laundromats (self-service laundries). Laundromats shall comply with the development and performance standards set forth in Section 41-199. b. massage establishments (licensed, therapeutic) as defined on Section 41- 1751 of the SAMC. Massage establishments shall comply with Article XVII.I of Chapter 41 of the SAMC. Pawnshops. 59. Pet day care facility: Establishment offering daily, without overnight, care to a customer's personal canine or feline pets. Grooming and educational training may be allowed as an ancillary use within the establishment. Does not include veterinary care or treatment, hospitalizations, or long-term boarding of pets. 60. Planter: The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood. 61. Podium: A continuous raised platform supporting a building, or a large block of two or three stories beneath a multi -layer block of a smaller area. 62. Porch: see `Frontage Types' 63. Private Frontage: The privately held layer between the frontage line and the principal building facade. The structures and landscaping within are held to specific standards. The variables of Private Frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches and galleries. These elements influence social behavior in the public realm. The Frontage layer may overlap the public streetscape in the case of awnings, Galleries and Arcades. 64. Research and Development: A facility where creative work is undertaken on a systematic basis in order to increase the stock of knowledge generally in the fields of medicine, scientific instruments, safety- critical mechanism or high technology. These facilities may include pilot plant operations as an ancillary use, which shall not exceed 25 percent of the floor area. A facility providing full scale production shall be deemed a manufacturing use and shall be prohibited. 65. Rowhouse: See 'Building Types' 66. Setback: The area of a lot measured from a lot line to a building facade or elevation that must be maintained clear of permanent structures excepting galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, and terraces Planning Commission 1 — 50 3/6/2025 City Council 21 — 452 5/6/ 0 Ordinance o. -XXX Page 38 of 49 which are permitted to encroach into the setback subject to the standards established in Division 3 of this Article. 67. Shared Parking (Park -Once Policy): An accounting for parking spaces that are avail- able to more than one function. The requirement is based on a range of parking- demand found in mature, mixed -use centers. The Shared Parking ratio varies according to multiple functions in close proximity unlikely to require the spaces at the same time. This approach to parking uses the following types of parking in combination to achieve a balanced and distributed supply of parking: off-street (surface lots and garages), on -street (parallel and diagonal). 68. Shopfront: see `Frontage Types' 69. Stacked Dwellings: See 'Building Types' 70. Stoop: see 'Frontage Types' 71. Story: A habitable level within a building from finished floor to finished ceiling: Attics and basements, as defined by the California Building Code (CBC) are not considered a story for the purposes of determining building height and are subject to the applicable requirements of this code and the CBC, except for when the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story 72. Streetscape: The urban element that provides the major part of the public realm as well as paved lanes for vehicles. A streetscape is endowed with two attributes: capacity and context. Capacity is the number of vehicles that can move safely through a segment within a given time period. It is physically manifested by the number of lanes and their width, and by the curb radius. 73. Studio: A workplace of one or more individuals who are engaged in the production of art, such as fine and fiber arts, lithography, calligraphy, photography, music, dance and the performing arts. Galleries, not to exceed 50 percent of the floor area, are permitted as an ancillary use. Any regulated use, as defined on Sec 41- 191 of the SAMC is not allowed. Uses meeting the definition of artisan/craft product manufacturing shall be deemed an artisan/craft product manufacturing use. 74. Tandem Parking Stall: Two or more parking spaces arranged one behind the other. 75.Thoroughfare- A vehicular way incorporating moving lanes and parking lanes (except alleys/lanes which have no parking lanes) within a right-of-way. 76. Tower -on -Podium: See 'Building Types' 77. Trade school: A school consisting of vocational educational programs for students to be trained in the fields related to healthcare, technology, legal services, and Drofessional trades. Planning Commission 1 — 51 3/6/2025 City Council 21 — 453 5/6/ 0 Ordinance o. -XXX Page 39 of 49 78. Traffic -Calming: A set of techniques which serves to reduce the speed of traffic. Such strategies include lane -narrowing, on -street parking, chicanes, yield points, sidewalk bulge -outs, speed bumps, surface variations, mid -block deflections, and visual clues. Traffic calming is a retrofit technique unnecessary when thoroughfares are correctly designed for the appropriate speed at initial construction. 79. Transect: A system of classification deploying the conceptual range of 'rural -to - urban' to arrange in useful order, the typical context groupings of natural and urban areas. This gradient, when rationalized and subdivided into zones becomes the basis of the Regulating Plan and the 9 zones supporting this Plan. 80. Transit -Oriented Development: A remedial pattern within a loose urbanized area. Its structure creates nodes at an efficient spacing for commuter or light rail. These nodes are mixed -use areas limited in extent by walking distance to the transit stop. These nodes are usually surrounded by a residential hinterland, structured as neighborhood T.O.D.'s connected by a feeder bus system. 81. Transition Line: A horizontal line, the full width of a facade expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. 82. Tuck -under Housing: See 'Building Types' 83. Zaguan: A covered pedestrian passage between courts of one to two rooms in depth and one story in height." Section 13. Any section or subsection of this Article, Article XIX (The Transit Zoning Code, Specific Development No. 84) that is not reprinted or modified by this ordinance is hereby unamended. Section 14. Any provision of the Santa Ana Municipal Code (SAMC) or appendices thereto found inconsistent with the provisions of the Ordinance, only to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance, inclusive of corrections for typographical error, and shall be considered the same as if adopted at the time of this Ordinance. Section 15. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 16. This Ordinance shall become effective thirty (30) days after its adoption. Upon the effective date of this Ordinance, Ordinance -Nos. NS-3063 and NS- 3064 shall be automatically repealed and rescinded as of that date. Planning Commission 1 — 52 3/6/2025 City Council 21 — 454 Ordinance5/�v0.3-xxx Page 40 of 49 Section 17. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2025. Valerie Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney /I By. ; Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2025 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana Planning Commission 1 — 53 3/6/2025 City Council 21 — 455 5/6/ 0 Ordinance o. -XXX Page 41 of 49 EXHIBIT "A" A. On April 19, 2022, The City adopted an Amended General Plan. The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City. B. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (Moratorium Ordinance"). No. NS-3063. The purpose of the moratorium was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible industrial uses that cause a significant pollution burden to adjacent residential neighborhoods within the SD84 Zoning District. C. On May 7, 2024, the City Council issued 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). D. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to the California Government Code, Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD84 Zoning District. E. The Planning and Building Agency routinely reviews its ordinances to incorporate best practices, reflect changes to State law, and address community needs. F. In 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, applicable and necessary to support the adoption of Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code, Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District: 1. 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 amended on July 16, 2019; and Planning Commission 1 — 54 3/6/2025 City Council 21 — 456 5/6/ 0 Ordinance o. -XXX Page 42 of 49 2. 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 3. 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 4. 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 19f" century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and 5. 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 developed or improved to the mixed -use zones allowed by the TZC; and 6. 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 7. The City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and 8. 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 9. 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 its elements, which include 77 Planning Commission 1 — .5.5 3/6/2025 City Council 21 — 457 5/6/ 0 Ordinance o. _XXX Page 43 of 49 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and 10. 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-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and 11.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 12.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 13. The construction of Santa Ana (1-5) Freeway through Santa Ana in the 1950s resulted in many families being displaced through the demolition of single-family homes in the northeastern portion of the Logan neighborhood; and 14.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 15. 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 16.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 Planning Commission 1 — .56 3/6/2025 City Council 21 — 458 5/6/ 0 Ordinance o. -XXX Page 44 of 49 17. 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, they are designated as varying intensities of District Center or Urban Neighborhood land use designations —both of which are inconsistent with industrial uses; and 18. 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 35 commercial and industrial properties in the past twelve months and currently has 16 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 19.In the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently near 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 20.In the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently near 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 Planning Commission 1 — 57 3/6/2025 City Council 21 — 459 Ordinance5/�v0.3-xxx Page 45 of 49 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 21. 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 22. 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 23. 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 24. 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 most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process 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. Since adoption of the moratorium and its extension, MIG and City staff have focused the comprehensive update through an initial phase concentrating on amending the TZC; and 25. The policies and implementation actions in the General Plan also require review, study, and possible revision to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and Planning Commission 1 — 58 3/6/2025 City Council 21 — 460 5/6/ 0 Ordinance o. _XXX Page 46 of 49 26. 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. G. Following said analysis of the City Council points of discussion as iterated above, City staff has prepared ZOA No. 2024-02 to amend and add certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amend non- conforming regulations including the addition of an amortization process; amend and add operational standards for allowed uses and non -conforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps from certain properties within the SD84 Zoning District. H. Amendments to Chapter 41 (Zoning) are necessary to ensure uniform and legally consistent regulations as well as additions to enable the City to implement a regulatory framework that protects the health, safety, and welfare of the City. The proposed amendments to the Santa Ana Municipal Code (SAMC) that are the subject of this Ordinance support the objectives and policies of the City's General Plan and are required to ensure consistency in accordance with Government Code Section 65860. Specifically, these amendments to the SAMC timely address current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; Planning Commission 1 — 59 3/6/2025 City Council 21 — 461 Ordinance5/�v0.3-xxx Page 47 of 49 2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; 3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance or elimination of those uses; 4. Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; 5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; 6. Developing and adopting new regulations to address facilities that emit pollution near sensitive receptors within EJ area boundaries, which includes areas of the TZC; 7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and 8. Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. K. Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: 1. LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. 2. LU3.3 - 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. 3. CN1.4 - 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. Planning Commission 1 — 60 3/6/2025 City Council 21 — 462 Ordinance5/�v0.3-xxx Page 48 of 49 4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. 5. CN1.11 - 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. 6. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. 7. HE44.A — Fair Housing. Ensure all City programs and activities related to housing and community development are administered in a manner that affirmatively furthers fair housing. L. ZOA No. 2024-02 amends and adds certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including Section 41-2001 (Application of Article), Section 41-2001.5 (Organization), Section 41-2002 (Nonconforming Buildings, Structures and Uses), Section 41-2004 (The Industrial Overlay (I-OZ) Zone), Section 41-2005 (Application for Discretionary Approvals), Section 41-2006 (Zones Established), Section 41-2007 (Uses Permitted) Section 41-2008 (Operational Standards), Section 41-2009 (Operational Standards for Nonconforming Industrial Uses), and Section 41-2080 (Definitions). M. On February 24, 2025, the Planning Commission held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the Ordinance to the City Council. N. On March 18, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. Planning Commission 1 — 61 3/6/2025 City Council 21 — 463 5/6/ 0 Ordinance o. -XXX Page 49 of 49 Exhibit 4: Ordinance for Amendment Application (AA) No. 2024-03 ORDINANCE NO. NS-XXXX AMENDMENT APPLICATION (AA) NO. 2024-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SANTA ANA BY REMOVING THE M1 (LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL) SUFFIXES FROM CERTAIN PROPERTIES WITHIN THE SD-84 ZONING DISTRICT BOUNDARY THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council has, by separate action taken on March 18, 2025, adopted an Addendum to the Transit Zoning Code Environmental Impact report ("EIR") (State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City Council ("Addendum"). The Addendum analyzed the environmental impacts of the actions taken in this Ordinance. Adopting the Addendum satisfied the City Council's obligations under the California Environmental Quality Act ("CEQA") regarding amendments to the Transit Zoning Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines 15162 apply. Thus, no further environmental review is required as adoption of this Ordinance falls within the scope of the adopted Addendum and previously certified EIR. Section 2. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code provides that "Because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: (a) Encourage the most appropriate use of land; (b) Conserve and stabilize property value, (c) Provide adequate open spaces for light and air and to prevent and fight fires, (d) Prevent undue concentration of population, lessen congestion on streets and highways, and Planning Commission 1 — 62 3/6/2025 City Council 21 — 464 5/6/ 0 Ordinance o. -XXX Page 1 of 7 (e) Promote the health, safety and general welfare of the people, all as part of the general plan of the City." Consistent with this purpose, the City of Santa Ana has adopted a zoning map, which has since been amended from time to time. B. On April 19, 2022, the City adopted an Amended General Plan The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City. C. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (the "Moratorium Ordinance"). The purpose of the Moratorium Ordinance was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible industrial uses that cause a significant pollution burden to adjacent residential neighborhoods within the SD-84 Zoning District. D. On May 7, 2024, the City Council issued 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 the Transit Zoning Code Specific Development No. 84. E. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to California Government Code, Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD-84 Zoning District. F. After continued research and study, two ordinances have been developed that address the impacts from industrial land uses in the SD-84 Zoning District. The ordinances address the following: a. Zoning Ordinance Amendment (ZOA) No. 2024-02 to amend certain provisions of the Santa Ana Municipal Code and amend portions of the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amendment of non- conforming regulations; and, b. Amendment Application (AA) No. 2024-03 to remove the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties Planning Commission 1 — 63 3/6/2025 City Council 21 — 465 5/6/ 0 Ordinance o. -XXX Page 2 of 7 within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. G. AA No. 2024-03 is consistent with and implements the amendments proposed by ZOA No. 2024-02 by ensuring uniform and legally consistent mapping of the City's Zoning Districts; and enables the City to implement a regulatory framework that protects the health, safety, and welfare of the City and its residents. H. The proposed amendments to the Zoning Map contained in AA No. 2024- 03 are required to ensure consistency with the City's General Plan in accordance with California Government Code, Section 65860. Adoption of AA No. 20243 is consistent with and implements the Amended General Plan. Specifically, it is consistent with the following: The amendments timely address current inconsistencies within an area of the City prioritized for addressing EJ. (a) Policy LU-1.1 (Compatible Uses), (b) Policy LU-2.4 (Cost and Benefit of Development) (c) Policy LU-3.8 (Sensitive Receptors), (d) Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), (e) Policy LU-3.11 (Air Pollution Buffers), (f) Policy LU-4.3 (Sustainable Land Use Strategies), (g) Policy LU-4.6 (Healthy Living Conditions), (h) Policy CM-3.2 (Healthy Neighborhoods), (i) Policy EP-1.9 (Avoid Conflict of Uses), 0) Policy EP-3.3 (Mitigate Impacts); (k) Policy CN-1.5 (Sensitive Receptor Decisions), (1) Policy CM-3.2 (Healthy Neighborhoods), and (m) Policy HE-5.5 (Community Development) which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: 1. Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; 2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; 3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses; Planning Commission 1 — 64 3/6/2025 City Council 21 — 466 5/6/ 0 Ordinance o. -XXX Page 3 of 7 4. Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; 5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC; 6. Developing and adopting new regulations to address facilities that emit increased pollution new sensitive receptors within EJ area boundaries, which includes areas of the TZC; 7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and 8. Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. J. Additionally, AA No. 2024-03 implements and/or contributes to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: 1. LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. 2. LU3.3 - 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. 3. CN1.4 - 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. 4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. 5. CN1.11 - 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. Planning Commission 1 — 65 3/6/2025 City Council 21 — 467 5/6/ 0 Ordinance o. _XXX Page 4 of 7 6. HE5.0 - Healthy Neighborhoods Initiatives. Update the City's zoning code 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. 7. HE44.A - Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. Section 3. The City Council of the City of Santa Ana hereby adopts and approves the Amendment to the Official Zoning Map of the City of Santa Ana, as shown in Exhibit 'A," attached hereto and incorporated herein by reference. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated March 18, 2025, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2025. Valerie Amezcua Mayor Planning Commission 1 — 66 3/6/2025 City Council 21 — 468 Ordinance5/�v0.3-xxx Page 5 of 7 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney vga ."j.W - ;,�fA4 Melissa Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana Planning Commission 1 — 67 3/6/2025 City Council 21 — 469 5/6/ 01V5 Ordinance o.-XXX Page 6 of 7 Exhibit A 0^ 6-5-9 O C1 M 0 C1-MO C1-HDII C1-HDII iIHDI 1 C5 C4 5073 C1 W17TH ST rl �� ,L� r -- E 17TH ST C1 Cl cl Cl C� SP ''SP3II SP3 SP3 II JJ �-JL�J U� 11111111® R1-B RB 7-R7 C SP3 SP3 fstry R1-B o R7 SE3 IIIIfjI$—p��yj!II ¢ p 141 SP3 4 .SP3 SP3 'SP3 m M1 SP3 - _ SD SP3 SP3 -..��84 5D84 SP3 i SP3 6-5-9 P C5 Cd C1 C4 p LySD84 SDnd SD84 SOBd SD84 i® �(�SM WASHINGTONAY 5461,Ji SP3 � so SOBd 3 a 12TR gTm SD84 SD84 SD84 SDai SD84 SD84 501 BA SD84 ySD84 SP3 io75 SP3 5019 � �GSGp Av SD84 SD84 � SD84 SD84SD84 999 saE� ® s984 117 S a4 5o04 °.. SD84 a, �• •5� �. Sp SP33 SDi SD84 STAFFGR� sr _ r toTH ST n r SD84 SD, SP3 SD19 w g 4pN �� SD84 SD84 SD84 SP3 p Q 98d SP3 m SD19 YJ SD84 Z IIP3 SD19 SD86 s SP3 SP3 SP3 SP3 5P3'LL 'S0 �SIQ 5019 iP3 eTX sT SP3-BSP Q✓P SD84 SD19 SP3 SP3 SD79 S� SP3 SP3A SD84 , \°I�ET+TERDkW CIVIC CENTER DR F% ?,N SN SD84 SDa A SDI DBd ° soea s886 r� BGa81 DB ;SD84 - 30 508 ? 3. OB �D. SD d $6 z SD84 i N�■�■ �Dn4 W 5TH ST E STH ST _ F '�a ❑ ■ nH ST SD86 Z o- SD84 L.4 SD84 Z■6- [ SD84 so SD84 SOBd SD84 are ST E 4TH ST iD 4 SD84 SD84 SD84 SD84 SOBd M IF SD84 SD84 3Ro� ;�dLF SDnd SOBd !SD84 D84 a D 4 DB SDed SD84 f SOBd � SD84 z -5D84 W IST STD E1-T ST i�0 5072 M� Cj.DII a-n Dua �w CZHDu cz^nDn Tq cz-non 7-Cz-nDI M1 d Mi �zlid I rcz-non 1B-8-9 ZONING DISTRICTS C5 � R1 7 R1 C5 'a 0 Z Z Z C2 R3 SD21 SD84 �� 5D84 SD84 R1 4 a SD _ C1 � O SD84 C2 5D14 SO' p C2 SD84 SD R2 SOBd w €® 5084 SD84 5D84 C2 R2 SD84 RLOZ1 so84 cziozl _ z y M7 M2 � Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. IRS TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE Cl-MD COMMUNITY COMMERCIAL - MUSEUM DIST- M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL -PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHO PP ING CENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE SECTIONAL DISTRICT MAP: 7-5-94) e CITY OF SANTA ANA, CALIFORNIA Planning Commission 1 — 68 3/6/2025 City Council 21 — 470 5/6/ 0. XXX Ordinanceo Page 7 of 7 Exhibit 5: Resolution of the City Council and Addendum to TZC EIR RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER NO. 2006071100) WHEREAS, at a duly noticed public hearing held on June 7, 2010, the City Council of the City of Santa Ana ("City Council") adopted findings and a Statement of Overriding Considerations and certified the Transit Zoning Code Environmental Impact Report (State Clearinghouse No. 2006071100, "Transit Zoning Code EIR"), pursuant to the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000, et seq., "CEQA Guidelines") and adopted the City of Santa Ana's Transit Zoning Code ("Transit Zoning Code"), which is designed to provide the zoning necessary to support the long-term development of a successful transit program; and WHEREAS, after continued research and study, two ordinances have been developed that address the impacts from industrial land uses in the Specific Development No. 84 (SD-84) Zoning District, also known as the Transit Zoning Code: (1) Zoning Ordinance Amendment (ZOA) No. 2024-02 to amend certain provisions of the Santa Ana Municipal Code and amend portions of the Transit Zoning Code, including the deletion of industrial land uses; amendment of non -conforming regulations; and (2) Amendment Application (AA) No. 2024-03 to remove the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, the City has evaluated the proposed ordinances to the Transit Zoning Code in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162, and concluded that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects that were previously disclosed in the Transit Zoning Code EIR, and therefore no subsequent EIR or mitigated negative declaration is required; and WHEREAS, the proposed changes would nonetheless necessitate minor changes or additions to the Transit Zoning Code EIR and, thus, the City has prepared an Addendum for the Transit Zoning Code EIR ("Addendum"), attached as Exhibit 1, pursuant to State CEQA Guidelines section 15164 to address the proposed ordinances; and Planning Commission 1 — 69 3/6/2025 City Council 21 — 471 5/6/2025 WHEREAS, the Addendum was prepared in full compliance with CEQA, CEQA Guidelines, and the City's Local CEQA Guidelines; and WHEREAS CEQA Guidelines Section 15164, subdivision (c) does not require the Addendum to be circulated for public review but can be included in or attached to a final EIR or adopted negative declaration; and WHEREAS, under CEQA and the CEQA Guidelines and as referenced below, the "project" shall mean the proposed ordinances under the Transit Zoning Code including implementation of these ordinances; and WHEREAS, on February 24, 2025, the Planning Commission held a duly noticed public hearing to consider these proposed ordinances, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinances to the City Council; WHEREAS, on March 18, 2025, the City Council held a duly noticed public hearing to consider these proposed ordinances, where all interested persons were given an opportunity to be heard; and WHEREAS the City Council considered the entire administrative record, including the staff report (and all attachments thereto), the Transit Zoning Code EIR and Addendum, and oral and written testimony from interested persons; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. CEQA Guidelines Section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the administrative record, including but not limited to the Transit Zoning Code EIR and the Addendum, which are all incorporated by reference as though set forth fully herein, and finds that those documents taken together contain a complete and accurate reporting of all the environmental impacts associated with the Transit Zoning Code. The City Council further finds that the Addendum and the administrative record have been completed in compliance with CEQA, the CEQA Guidelines, and the City's Local CEQA Guidelines. The City Council finds and determines that the Addendum reflects the City's independent judgment. The City Council finds that the foregoing is supported by substantial evidence in the record. Furthermore, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the City is required to review any changed Planning Commission 1 — 70 3/6/2025 City Council 21 — 472 5/6/2025 circumstances under Public Resources Code Section 21166 and CEQA Guidelines Section 15162 to determine whether additional environmental review is required. Based on the substantial evidence set forth in the administrative record, including but not limited to the Transit Zoning Code EIR and the Addendum, the City Council finds that none of the conditions under CEQA Guidelines Section 15162 requiring subsequent environmental review have occurred because the proposed ordinances: a) do not constitute substantial changes that would require major revisions to the Transit Zoning Code EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) do not constitute substantial changes with respect to the circumstances under which the project was developed that would require major revisions of the Transit Zoning Code EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and c) do not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Transit Zoning Code was certified, showing any of the following: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Pursuant to CEQA and CEQA Guidelines, the City Council hereby adopts the foregoing findings and adopts the Addendum attached as Exhibit 1. City Council further directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council's adoption of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. Section 4. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning and Building Agency is the custodian of records for the record of Planning Commission 1 — 71 3/6/2025 City Council 21 — 473 5/6/2025 proceedings. This information is provided pursuant to Public Resources Code section 21081.6. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 18th day of March, 2025 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: /I Melissa Crosthwaite Senior Assistant City Attorney Cal21:4919[OU,%I W] W_11aI*Ir_AI[•Lr_101 We] V Eel i►r_1IIWA I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on March 18, 2025. Date: Jennifer L. Hall City Clerk City of Santa Ana Planning Commission 1 — 72 3/6/2025 City Council 21 — 474 5/6/2025 EXHIBIT 1 ADDENDUM City Council 21 — 475 5/6/2025 ADDENDUM TO THE CITY OF SANTA ANA TRANSIT ZONING CODE ENVIRONMENTAL IMPACT REPORT SCH NO. 2006071100 City of Santa Ana Amendment to Transit Zoning Code/Specific Development No. 84 L Prepared For: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Prepared By: MIG, Inc. 1650 Spruce Street, Suite 106 Riverside, California 92507 January 2025 Planning Commission 1 — 74 3/6/2025 City Council 21 — 476 5/6/2025 TABLE OF CONTENTS Paqe SECTION 1.0 — INTRODUCTION AND PURPOSE....................................................................1 1.1 Introduction and Purpose................................................................................................1 1.2 Statutory Authority and Requirements.............................................................................1 1.3 Incorporation by Reference.............................................................................................2 SECTION 2.0 — BACKGROUND................................................................................................3 SECTION 3.0 — DESCRIPTION OF PROPOSED PROJECT.....................................................6 SECTION 4.0 — ENVIRONMENTAL SETTING.....................................................................9 SECTION 5.0 — ENVIRONMENTAL ANALYSIS.......................................................................12 5.1 Aesthetics/Visual Resources.........................................................................................13 5.2 Air Quality......................................................................................................................16 5.3 Biological Resources.....................................................................................................22 5.4 Cultural Resources........................................................................................................24 5.5 Hazards and Hazardous Materials.................................................................................27 5.6 Hydrology and Water Quality.........................................................................................31 5.7 Land Use.....................................................................................................................34 5.8 Noise.............................................................................................................................36 5.9 Population, Housing and Employment...........................................................................39 5.10 Public Services..............................................................................................................40 5.11 Transportation...............................................................................................................42 5.12 Utilities and Service Systems........................................................................................46 5.13 Global Climate Change.................................................................................................48 5.14 Mandatory Findings of Significance...............................................................................51 5.20 Conclusion....................................................................................................................52 FIGURES Figure 1: Transit Zoning Code Area............................................................................................4 Figure 2: Transit Zoning Code Zoning Designations...................................................................5 Figure 3: Regional Location......................................................................................................10 Figure4: Citywide Aerial...........................................................................................................11 TABLES Table 1 - Current and Proposed Text Regulations......................................................................6 Planning Commission 1 — 75 3/6/2025 City Council 21 — 477 5/6/2025 1.0 INTRODUCTION 1.1 Introduction and Purpose On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (or "SD 84A and 84B") through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the SD84 Zoning District. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Based upon the City Council's actions and direction enacting the moratorium combined with the research and analysis of the issues herein, staff has prepared Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03. The proposed amendments ("proposed amendments" or "project") will modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization process for industrial uses; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. Refer to Section 3.2 — Project Description. Following preliminary review of proposed ZOA No. 2024-02 and AA No. 2024-03 amendments, the City, as the Lead Agency, has determined that the project is subject to CEQA (Public Resources Code (PRC) §§21000-21177; 14 CCR §§15000, et seq.). This Addendum to Transit Zoning Code (SD 84A and 84B) Environmental Impact Report ("TZC EIR") (SCH No. 2006071100) has been prepared to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this project is within the scope of the TZC EIR. As a result, the City does not need to prepare a subsequent or supplemental EIR as the TZC EIR fully analyzed the potential impacts associated with the proposed amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. 1.2 Statutory Authority and Requirements CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. buncil 21 — 478 d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. 1.3 Incorporation by Reference The TZC Final EIR, including the original Draft EIR (DEIR), and has been made available for public review at the Lead Agency office (City of Santa Ana). The Final EIR is incorporated into this Addendum by reference. buncil 21 — 479 This Addendum is available for public inspection at the City at 20 Civic Center Plaza, Santa Ana, CA, and on the City's website at https://www.santa-ana.org/environmental-impact-report- transit-zoning-code/. 2.0 BACKGROUND The TZC was established in June 2010, which is located in the area west of Interstate 5, north of First Street, and between Grand Avenue and Flower Street, and south of Civic Center Drive in the City of Santa Ana. The TZC provided new zoning for all of the properties contained within its boundary. However, some properties with existing M1 and M2 zoning and/or existing industrial businesses also received an overlay district designation which allowed for the continuation of industrial land uses on those properties and allows for the option of future mixed -use development to be exercised at the discretion of the property owner. The purpose was to establish 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 design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures. On June 7, 2010, the City adopted the TZC and certified the TZC Final EIR (SCH No. 2006071100). The TZC Final EIR provides a program -level and project -level analysis of the environmental impacts resulting from implementation of the TZC. The majority of the analysis is done at the program level; however, a project -level analysis is provided for the development proposal to demolish 30,000 square feet of existing structures on eleven Redevelopment Agency -owned parcels and to construct 220 affordable residential units. The TZC Final EIR concluded full implementation of the TZC would result in significant and unavoidable impacts with respect to the following: aesthetics, air quality, cultural resources, noise, transportation, and climate change. The TZC Final EIR's background and environmental impact conclusions are cited throughout this Addendum. In July 2019, the City Council adopted Ordinance No. NS-2970, amending the Transit Zoning Code to modify certain design criteria regarding height, massing, open space location, driveway standards, lot dimensions, and parking alternatives, and determined that this ordinance was exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines, section 15061(b)(3). This amendment did not include changes to land uses or permit types within the TZC. In support of the TZC amendment, the City Council also approved a General Plan amendment, establishing numerous mixed -use General Plan land use designations for the entirety of the TZC. Refer to Figure 1 — Existing Transit Zoning Code area and Figure 2 Transit Zoning Code Designations, below. However, due to the continued application of the industrial overlay zones within the TZC, implementation of the new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts with the new General Plan. ouncil 21 — 480 Figure 1- Transit Zoning Code Area !Niles 0] 5 Legend City of Santa Ana Transit Zoning Code Area ouncil 21 - 481 m 3.0 DESCRIPTION OF PROPOSED PROJECT The proposed amendments would modify the list of land uses and permit types, including the following: • Deletion of industrial land uses • Amend nonconforming regulations, including the addition of an amortization process • Amend and add operational standards for allowed uses and nonconforming uses • Delete the Industrial Overlay (I-OZ) zone from text and maps • Delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD84 Zoning District boundary as designated on the City of Santa Ana Zoning Map Implementation of the proposed amendments do not include nor require implementation of any site -specific development projects. Table 1 — Current and Proposed Text Regulations, below lists the proposed amendments and is followed by a summary of each. Figure 2.5 Proposed Transit Zoning Code Designations depicts the removal of I-OZ from the map. Table 1 — Current and Proposed Text Regulations Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Application of SAMC Section 41-2001 establishes the land The update to text of this Section Article uses and standards applicable to the TZC - clarifies that the regulations apply to primarily for new uses. existing uses, whether conforming or nonconforming, change in land use or tenancy requiring issuance of Certificate of Occupancy. Organization SAMC Section 41-2001.5 establishes the The update to the text is necessary to contents and organization of the TZC encompass the new Section 41-2009 regulations (Operational Standards for Nonconforming Industrial Uses). Nonconforming SAMC Section 41-2002 establishes the The update to text of this Section will Buildings, regulations for nonconforming buildings, further limit some rehabilitation of Structures and structures or uses within the TZC boundary. buildings and structures, with specific Uses The provisions contain minimal limits for emphasis on nonconforming industrial rehabilitation of buildings and structures and uses. These updated provisions their expansion for both residential and non- include: residential uses. • Requiring rehabilitation or expansion of buildings and structures, occupied by any nonconforming use to comply with the new operational standards contained in Section 41-2009. • Prohibits expansion of a building or structure occupied by a nonconforming industrial use. • Discontinuation of nonconforming ouncil 21 — 483 Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations noxious uses through amortization. • Elimination of certain nonconforming uses and structures • Establishes a process for enacting amortization periods for eliminating certain nonconforming uses. • References to SAMC and State law for abatement of public nuisances. • Establishes authority for voluntary compliance agreements between the City and nonconforming uses. The Industrial SAMC Section 41-2004 establishes an Section 41-2004 is deleted in its Overlay (I-OZ) overlay zone applied to M1 and M2 zoned entirety, removing the I-OZ Zone from Zone properties located within the TZC boundary. the TZC to eliminate industrial land use type zoning altogether. Application for SAMC Section 41-2005 establishes the Section 41-2005 is renumbered as 41- Discretionary process and timing of vesting for certain 2004, and the update to the text of this Approvals uses approved with a discretionary permit. Section adds clarification for effects of the amendments to the TZC dependent upon status of an application in the City process of review, approval, and/or building permit issuance, if required. Zones SAMC Section 41-2006 contains the The update to the text of this Section Established regulations for zoning districts, land uses, deletes the I-OZ Zone, including and permit types within the TZC. replacing Figure 2.1, the Regulating Plan (map) with a new Figure 2.1 removing the I-OZ Zone designation from all parcels within the TZC boundary. Uses SAMC Section 41-2007 provides the The update to the text of this Section Permitted allowable land uses and permit types clarifies application of the use required to establish a land use by each standards by zoning district as follows: zoning district within the TZC. • Modifies Table 2A containing the Use Standards by adding and reclassifying certain land use types appropriate to the TZC land use subcategories • Deletes certain land use types that are inconsistent with the intent and purpose of the TZC, including the deletion of the Small -Scale Industry land use subcategory in its entirety. Operational SAMC Section 41-2008 primarily regulates The update to the text of this Section Standards new uses within the TZC. further limits certain operations to ensure greater compatibility between residential and non-residential land uses. Operational SAMC Section 41-2009 is an entirely new The new Section establishes Standards for set of regulations specific to existing regulations for operation of any existing, Nonconforming nonconforming industrial uses within the legally established, nonconforming Industrial Uses TZC. industrial use. The regulations cover general standards, enclosed ouncil 21 — 484 Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. Definitions SAMC Section 41-2080 contains the The update to the text of this Section definitions applicable to terms and land uses provides clarification for certain land of the TZC. use types (artisan/craft product with limited on -site production, commercial recreation facility — indoor, and research and development), adds definitions for land use types (business support services, pet day care facility and trade school, nonconforming industrial, and noxious use), and deletes corresponding definitions for land use types that were deleted as part of the amendments to SAMC Section 41- 2006. Source: Planning Commission Staff Report ouncil 21 — 485 0 275 550 1.100 1,650 LUk i Figure 2.5 - Proposed Transit Zoning Code Designations IF �$ 2,200 2,750 �4 V I .�� , 11 1 11 ■ EMI 1 11It� ■ 111 ■1 ■ 11 1 111■III I N 1111111 INNI 111 IIIN� _ 1 111111111 li ■11111 . � . � IIIININ 11111 11 IIII 111■rlli:rnrl— — ■� ... = CMUM [CDR] U1 n NelgDCoh (UJ l} 6jEjDariRaun {DT} U-n NHgNCO—[IJN-2} 6rnemmen[CenGer[DC) � SOAd _ Open Space [05] - Tansl[Vlllage (N] uroan cen� [Oct J LjJ _ -LQ f_ r N W E t S Transit Zoning Code SD-84 Proposed Zoning Designations December 17, 2024 i January 2025 lanning Commission 1 - 84 3/6/2025 City Council 21 — 486 5/6/2025 Analysis of the Amendments The proposed amendments to the Sections of the TZC under the topic headings of Application of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to ensure internal consistency related to the more substantive changes being proposed for the TZC to address irreconcilable land use conflicts, described as follows: Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming building, structure or use specifically within the TZC. The regulations are unique to the TZC and do not apply citywide. The regulations determine under certain circumstances when a nonconforming structure or use can rehabilitate both structural or nonstructural; or expand conditions that would allow expansion. Due to the concerns enumerated within this report related to nonconforming industrial uses within the TZC, the amendments to this section increasingly limit rehabilitation of structures to those types of improvements that address compliance with the new Section 41-2009 operational standards for nonconforming industrial uses; and disallow the expansion of any nonconforming industrial use. This Section also includes new provisions to establish a process for the discontinuance of nonconforming uses, specifically noxious uses, and the elimination of those uses or structures through an amortization hearing process. The tools that these new regulations provide are necessary to address the environmental impacts that lead to the adoption of the Moratorium, provide the framework to initiate the process to eliminate noxious industrial land uses from the TZC, and align with the adopted EJ policies of the General Plan. The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for properties within the TZC that contained M1 or M2 industrial zoning, uses and structures, when the TZC was adopted in 2010. In order to be both consistent and to promulgate the General Plan land use designations within the TZC, the removal of this overlay zone is necessary. The zone currently gives deference to the property owner of these parcels with an industrial overlay to decide when and whether to redevelop their properties in a manner that would remove the industrial structure and use, replacing it with an allowable use and conforming to the design standards of the TZC. Eliminating the I-OZ Zone will cause these properties to become nonconforming as to use and structure, subjecting them to the regulations as amended and added to Section 41- 2002, including discontinuance of nonconforming use or structure though amortization. With the deletion of the entirety of the text of Section 41-2004, Section 41-2005 Application for Discretionary Approvals is renumbered as Section 41-2004. Zones Established and Uses Permitted — Amendments to Sections 41-2006 and 41- 2007, respectively, include parallel deletion of the I-OZ Zone affecting the Regulating Plan (TZC zoning map) and the corresponding Use Standards tables regulating the land use and permit types for each of the remaining zones of the TZC. Table 2A categorizes land uses into broad subheadings for both residential and nonresidential land uses. The nonresidential land uses are further categorized into commercial -oriented versus industrial -oriented types of uses. The amendments will eliminate the Small -Scale Industry sub -category altogether, since the majority of these uses are industrial uses incompatible with residential uses. The purpose of the TZC is to promote transit -oriented mixed -use development, which pairs residential and nonresidential land uses either horizontally or vertically on a site or within a building. Compatibility of allowable land use types is critical, particularly given the history of the negative impacts from industrial uses remaining in the area and in close proximity to existing and new residential areas. Amending this Section also replaces the TZC zoning map figure to ensure consistency with the City's Official Zoning Map and General Plan Land Use Map in accordance with requirements of State law, Government Code Section 65860. ouncil 21 — 487 Operational Standards and Operational Standards for Nonconforming Industrial Uses — Section 41-2008 contains operational standards applicable to all uses within the TZC boundary. This Section is largely unchanged, with clarification and strengthening of certain regulations to address any possible industrial type function of an allowable land use type as listed in the tables of Section 41-2007. These amendments affected any possible manufacturing related activities, sound, screening walls and eliminated any vehicular service on Sundays. Section 41-2009 establishes new regulations governing existing industrial uses made nonconforming with the removal of the I-OZ Zone within the TZC, and include general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. The amendments to Section 41-2008 and creation of new regulations under Section 41-2009 ensure that existing nonconforming uses comply with very specific operational standards and/or face amortization that leads ultimately to discontinuance of use, effectively reestablishing the TZC area with residential uses and allowing certain nonresidential uses compatible to such residential and/or mixed -use development. 4.0 ENVIRONMENTAL SETTING The City of Santa Ana is located in Orange County and serves as the County seat. The City is in the western central portion of Orange County, approximately 30 miles southwest of the City of Los Angeles and 10 miles northeast of the City of Newport Beach (refer to Figure 3, Regional Location). As shown in Figure 4, Citywide Aerial, the City is bordered by the City of Orange and unincorporated areas of Orange County to the north, the City of Tustin to the east, the cities of Irvine and Costa Mesa to the south, and the cities of Fountain Valley and Garden Grove to the west. The TZC area is shown in blue on both Figure 3 and Figure 4, and a detailed view is shown on Figure 1 in Section 2.0. ouncil Figure 3 — Regional Location Walnut D ntebello La Puente Chino Chino Hills e 1390 ft Whittier Santa Fe Po e Firestone Boy me Hills Scout vneY ---- Springs `- Ca�0- Reservation r La Habra a �. South Whittier W 1678ft Norwalk Water Canyon Natural Preserve Yorba Linda flower 71 Fullerton Cerritos Buena Park ood La'.Palma Hawaiian Anaheim Gardens,' Peralta Hills Los Alamitos Orange Garden Grove �S_ 1 r ,'Naval Weapons Westminster Santa a I StaBeachtion eal 11 i ustln 1 + Santa Ana 11 Sunset Beach Fountain Val y �`��--►/ Irvine Huntington ORANGE Beach Costa Mesa 0.5 1 2 miles J City of Santa Ana - Transit Zoning Code Area ro 4 .Q� Sil' p Foothill Ranch Lake Forest Newport Beach Laguna Hills 1156 fr Corona del Mar Mission Viej State Beach Crystal Cove State Park Aliso Viejo v Laguna Beach Laguna Niguel San Juan Capistrano At the local level, the TZC area is located in the central urban core of the City and comprises over 100 blocks and 450 acres, and is generally bounded by 1-5 to the north and east, First Street to the south, and Flower Street to the west. Refer to Figure 1 in the Background section. The majority of the City is urbanized, with residential and nonresidential development, and mobility and public facilities all contributing to Santa Ana's existing built environment. The City's incorporated boundaries encompass approximately 27.4 square miles. Residential land uses occupy almost 40 percent of the land within the current City boundaries, accounting for 5,226 acres. Other predominant land uses include commercial (1,588 acres) and industrial (1,628 acres). While Santa Ana is a densely populated urban center with one of the most diverse international populations in Orange County, it can generally be characterized as a City of neighborhoods. Santa Ana has over 65 neighborhoods which are distinguished by their history, architecture, housing types, amenities, and unique character. The Specific Development (SD) No. 84 Zoning District, also known as the TZC, is located in the central urban core of the City and comprises over 100 blocks and 450 acres, and is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (1-5) Freeway. The TZC area includes the Orange County Civic Center consisting of City, County and federal buildings, City, Downtown, the Logan and Lacy neighborhoods, which are among the City's most historic in age and are established residential communities. Additional land uses include a mix of residential, commercial and industrial uses. The TZC area overlaps portions of two of the City's five focus areas, which are suited for new growth and development under the GPU: the Grand Avenue Avenue/17th Street Focus Area and the West Santa Ana Boulevard Focus Area. The Grand Avenue Avenue/17th Street Focus Area is primarily business oriented with office and commercial storefronts and large apartment complexes. The West Santa Ana Boulevard Focus Area is characterized as a mix of residential, commercial and industrial. 5.0 ENVIRONMENTAL ANALYSIS The Initial Study/Notice of Preparation of the DEIR (Appendix A) concluded certain topics to be "Effects Not Found to Be Significant" according to Section 15128 of the CEQA Guidelines as having less than significant or no impacts, and therefore were not included in the Final EIR. Agricultural Resources. The Initial Study concluded that the soils within the Transit Zoning Code (SD 84A and SD 84B) area are not candidates for listing as prime farmland, unique farmland, or farmland of statewide importance. In addition, no farmland or agricultural activity exists on or in the vicinity of the Transit Zoning Code, and no portion is under a Williamson Act contract. The Initial Study concluded no that no impacts would occur. Geology and Soils. The Transit Zoning Code (SD 84A and SD 84B) area is located in an area of minimal geologic hazards. Any development within the project area would be designed in accordance with applicable building code requirements, which account for seismic groundshaking. The Initial Study concluded that no and less than significant impacts to would occur. Mineral Resources. The Initial Study determined that implementation of the Transit Zoning Code (SD 84A and SD 84B) would not result in the loss of availability of either a known mineral resource of value to the state or region, or a locally important mineral resource recovery site, because no such sites exist within the project area. The Initial Study concluded that implementation of the Transit Zoning Code (SD 84A and SD 84B) would not result in the loss of buncil 21 — 491 availability of a locally important mineral resource delineated on a local general plan, specific plan, or other land use plan. Because the TZC Final EIR was certified in 2010, certain topics that were later added to the state CEQA Guidelines checklist were not included. The Tribal Cultural Resources topic was added to the CEQA Guidelines in 2017. Although added as a separate topic, the TZC DEIR Cultural Resources section did include an evaluation of Native American resources in Section 4.4.1 — Environmental Setting and Section 4.4.2 — Regulatory Framework. Impact 4.4-1 included MM 4.4-1(a) that required construction monitoring by a tribe. The TZC EIR included a Global Climate Change topic, which included greenhouse gas emissions. The Greenhouse Gas Emissions topic was added to the CEQA Guidelines in 2018. Greenhouse Gas Emissions was discussed in Section 4.13.2 — Existing Conditions, Section 4.13.2 — Regulatory Framework, and Section 4.13.4 — Project Impacts and Mitigation Measures. The Energy and Wildfire topics were added to the CEQA Guidelines in 2018. Although added as separate topics, Energy is discussed within Sections 4.12.12 and 4.12.13 of the Utilities and Service Systems topic of the TZC EIR. Wildfire (i.e. wildland fires), is discussed within Section 4.5.3 of the Hazards and Hazardous Materials topic of the TZC EIR. Although these topics were added following certification of the TZC Final EIR, they were discussed and analyzed in the respective sections identified above and do not represent new impacts not previously addressed. Sections 5.1 through 5.13, below, analyzes the potentially significant impacts that could occur as a result of implementing the proposed project through the adoption of the proposed text regulations identified in Table 1 — Current and Proposed Text Regulations. Each topical section lists impact statements and mitigation measures from the TZC EIR, and provides an analysis and conclusion. Each TZC EIR conclusion includes a reference to the EIR impact statement (ex., Impact 4.1-3) and includes its associated significance finding. 5.1 AESTHETICS/VISUAL RESOURCES This section analyzes the effects to aesthetics and visual resources from implementing the proposed zoning code regulations. Would the project: a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? e. A project would be considered to create significant shade/shadow impacts if shade/shadow from the project results in a substantial loss of sunlight in a residential area or other sensitive receptor. Other sensitive receptors would include schools and parks. buncil 21 — 492 TZC EIR Conclusions • Implementation of the Transit Zoning Code (SD 84A and SD 84B) would not substantially damage scenic resources within a State scenic highway, and no further analysis is necessary in this EIR. (DEIR Section 4.1.3: Effects Found to Have No Impact) • Development under the Transit Zoning Code (SD 84A and SD 84B) would contribute to the image of, and add to the aesthetic quality of the City. As such, development under the proposed project would not degrade the existing visual quality of the area or obstruct key existing views and/or vistas in the vicinity. (Impact 4.1-1: Less Than Significant without mitigation) • Future development under the Transit Zoning Code (SD 84A and SD 84B) would improve the existing visual character. (Impact 4.1-2: Less Than Significant without mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code, and associated infrastructure improvements would result in new sources of increased daytime glare. (Impact 4.1-3: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code would result in new sources of spillover light. (Impact 4.1-4: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code (SD 84A and SD 84B) would result in a substantial increase in shade/shadows over sensitive uses. (Impact 4.1-5: Significant and Unavoidable and no feasible mitigation) TZC EIR FEIR Mitigation Measures MM4.1-1 Proposed new structures shall be designed to maximize the use of textured or other non -reflective exterior surfaces and non -reflective glass. Building materials shall be reviewed by the City of Santa Ana prior to issuance of building permits for each project. (Impact 4.1-3) MM4.1-2 All exterior lighting and advertising (including signage) shall be directed onto the specific location intended for illumination (e.g., parking lots, driveways, and walkways) and shielded away from adjacent properties and public rights -of -way to minimize light spillover onto adjacent areas. (Impact 4.1-4) MM4.1-3 Prior to issuance of a building permit for a specific development project, the applicant shall submit a lighting plan to the City for review and approval. The plan shall specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects. The plan shall specifically incorporate the following design features: o All projects shall incorporate project design features to shield light and/or glare from vehicles entering or exiting parking lots and structures that face sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate off -site sensitive uses. o All projects shall incorporate project design features to provide landscaping, physical barriers, screening, or other buffers to minimize project -generated illumination from entering off -site areas and to prevent glare or interference with vehicular traffic, in accordance with the City's Municipal Code. (Impact 4.1-4) ouncil 21 — 493 MM4.1-4 For any proposed structure that would exceed four stories in height, applicants shall submit a site -specific shade/shadow report with renderings representing the level of shade/shadows associated with the proposed development at the following times: 9:00 A.M., 12:00 P.M., 3:00 P.M. PST for the both the winter and summer solstices. An additional rendering for the 5:00 P.M. PST time period shall be prepared for the summer solstice period. Typically, a variety of criteria are used to determine the significance of a shadow impact, including the following: o Affected land use (criticality of direct sunlight for the use). o Duration (hours per day in shadow); time of day (critical time period for direct sunlight). o Season (time of year use would be shadowed). o Extent (percentage of use that would be shadowed). o Preexisting condition (shadow condition due to existing buildings, landscaping, or other features). o Type (solid or dappled shadow). The report shall include any feasible design considerations that would reduce the extent of shadows cast by a proposed structure. The analysis and the project design plans shall be forwarded to the Planning and Building Agency for review and approval. (Impact 4.1-5) Project Analysis and Conclusion The City determined that no impacts related to State Scenic Highways would result from implementation of the project because no scenic highways are located within the TZC area. Impacts related to visual and aesthetic quality (Impact 4.1-1) and visual character (Impact 4.1- 2) were below the level of significance and did not require mitigation. Impacts related to daytime glare (Impact 4.1-3) and spillover light (Impact 4.1-4) were less than significant with the implementation of mitigation measures. Long-term development related shade and shadows (Impact 4.1-5) were found to be significant and unavoidable and that specific economic, social, or other considerations make mitigation infeasible. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Implementation of the project through the proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations does not trigger new aesthetic and visual resources impacts requiring preparation of a supplemental or subsequent EIR because the project modifies the list of land uses and permit types (refer to Table 1 — Current and Proposed Text Regulations) including the deletion of industrial land uses; amend nonconforming regulations including the additional of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC area. Thus, there are no new land uses being introduced or different development standards that would have aesthetic or visual resource impacts. In particular, the proposed amendments will establish regulations for nonconforming uses, including light and glare. These regulations and standards will cover general standards, enclosed operations, light, glare, and outdoor storage and screening. No direct or indirect glare or heat, whether from floodlights or from high -temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to assure that there is no spillover of light and glare that will impact drivers or pedestrians on the public streets, on site activities, and adjoining or nearby properties. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties. Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating ouncil 21 — 494 pedestrian walkways. Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and downlit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties. Any future development within the TZC area requiring discretionary action would be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to aesthetics and visual resources. Mitigation measures MM4.1-1 through MM4.1-4 would continue to apply. Therefore, the project does not trigger new aesthetics impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more significant impacts to aesthetics and visual resources. 5.2 AIR QUALITY This section analyzes the effects to air quality from implementing the proposed zoning code regulations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the proposed project region is in non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? TZC EIR Conclusions • The project would not create substantial objectionable odors. (Impact 4.2-1: Less Than Significant with mitigation) • The project would not create short-term quantities of criteria pollutants above the significance thresholds published by SCAQMD. (Impact 4.2-2: Less Than Significant with mitigation) • Operation of the project would increase local traffic volumes, but would not expose sensitive receptors to substantial localized carbon monoxide (CO) concentrations. (Impact 4.2-3: Less Than Significant without mitigation) • The anticipated population increase of 12,225 new residents as a result of the long-term cumulative development pursuant to the Transit Zoning Code is consistent with the SCAG growth projections for Santa Ana and, therefore, would not conflict with or obstruct implementation of the Air Quality Management Plan. (Impact 4.2-4: Less Than Significant without mitigation) • Construction activities associated with the construction of individual projects within the Transit Zoning Code area, including the Developer project, would contribute substantially to an existing or projected air quality violation for criteria air pollutants. (Impact 4.2-5: Significant and Unavoidable with mitigation) buncil 21 — 495 Operation of the proposed project would exceed South Coast Air Quality Management District standards for VOC, NOX, CO, and PM10 and would result in a projected air quality violation. (Impact 4.2-6: Significant and Unavoidable and no feasible mitigation) Construction and operation of the proposed project would result in a cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal or state ambient air quality standard. (Impact 4.2-7: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures MM4.2-1 Trash receptacles within the Transit Zoning Code (SD 84A and SD 84B) will be required to have lids that enable convenient collection and loading and will be emptied on a regular basis, in compliance with City of Santa Ana regulations for the collection of solid waste. (Impact 4.2-1) MM4.2-2 The construction contractor should ensure that no more than 5 acres per day are actively graded or developed. (Impact 4.2-2) MM4.2-3 The construction contractor should ensure that all active disturbed surfaces should be watered three times per day throughout the construction period. (Impact 4.2-2) MM4.24 The construction contractor should ensure that the mass grading, fine grading, and structure construction are conducted at separate time periods and do not overlap with one another. (Impact 4.2-2) MM4.2-5 The construction contractor should ensure that all haul roads are watered three (3) times per day. (Impact 4.2-2) MM4.2-6 The construction contractor should ensure that all traffic on unpaved roads is reduced to 15 mph or less. (Impact 4.2-2) MM4.2-7 Project applicants shall require by contract specifications that all diesel -powered equipment used will be retrofitted with after -treatment products (e.g., engine catalysts) to the extent that they are readily available in the South Coast Air Basin. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-8 Project applicants shall require by contract specifications that all heavy-duty diesel - powered equipment operating and refueling at the project site use low-NOX diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin (this does not apply to diesel -powered trucks traveling to and from the project site). Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-9 Project applicants shall require by contract construction equipment (i.e., compressed natural gas, gasoline) be utilized to the extent that the equipment is the South Coast Air Basin. Contract specifications shal documents, which shall be reviewed by the City of Sant permit. (Impact 4.2-5) specifications that alternative fuel liquid petroleum gas, and unleaded readily available and cost effective in I be included in project construction a Ana prior to issuance of a grading ouncil 21 — 496 MM4.2-10 Project applicants shall require by contract specifications that construction equipment engines be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-11 Project applicants shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5) MM4.2-12 As required by South Coast Air Quality Management District Rule 403—Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: o Application of soil stabilizers to inactive construction areas. o Quick replacement of ground cover in disturbed areas. o Watering of exposed surfaces three times daily. o Watering of all unpaved haul roads three times daily. o Covering all stock piles with tarp. o Reduction of vehicle speed on unpaved roads. o Post signs on -site limiting traffic to 15 miles per hour or less. o Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads. o Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas. o Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip. (Impact 4.2-5) MM4.2-13 The developer shall require by contract specifications that construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. Diesel -fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than 5 minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-14 The developer shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-15 The developer shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to maintain smooth traffic flow. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM 4.2-16 The developer shall require by contract specifications that construction activities that affect traffic flow on the arterial system by scheduled to off-peak hours (9:00 A.M. to 3:00 P.M.). ouncil 21 — 497 Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-17 Upon issuance of building or grading permits, whichever is issued earliest, notification shall be mailed to owners and occupants of all developed land uses within '/4 mile of any project within the Transit Zoning Code (SD 84A and SD 84B) boundaries greater than four stories in height or 25,000 sf in area providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with all project requirements related to PM10 generation. The construction manager will be located at the on -site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. (Impact 4.2-5) MM4.2-18 The developer shall require by contract specifications that the architectural coating (paint and primer) products used would have a VOC rating of 125 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-19 The developer shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-20 The developer shall require by contract specifications that pre -painted construction materials be used to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5) MM4.2-21 As individual components of the Transit Zoning Code (SD 84A and SD 84B) are implemented, an air quality impact analyses will be completed to determine their independent significance levels. Mitigation is to be incorporated at the individual component level to bring the individual components to less than significant on a site -by -site basis. (Impact 4.2-6) MM4.2-22 Prior to issuance of a building permit, the applicant shall demonstrate that the design of the proposed buildings or structures exceeds current Title 24 requirements (Title 24, Part 6 of the California Code of Regulations; The Energy Commission adopted the 2008 Standards on April 23, 2008, and the Building Standards Commission approved them for publication on September 11, 2008. The 2008 Residential Compliance Manual was adopted by the Commission on December 17, 2008, and the 2008 Non-residential Compliance Manual was adopted January 14, 2009.Energy Efficiency Standards for Residential and Non Residential Buildings, as amended November 1, 2005; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent, subject to review by the County Building Official. Documentation of compliance with this measure shall be provided to the Planning Department and Building Official for review and approval prior to issuance of the permit. Installation of the identified design features or equipment will be confirmed by the County Building Official prior to certificate of occupancy. Any combination of the following design features may be used to fulfill this mitigation provided that the total increase in efficiency meets or exceeds 20 percent: o Increase in insulation such that heat transfer and thermal bridging is minimized ouncil 21 — 498 o Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption o Incorporate dual -paned or other energy efficient windows o Incorporate energy efficient space heating and cooling equipment o Incorporate energy efficient light fixtures o Incorporate energy efficient appliances o Incorporate energy efficient domestic hot water systems o Incorporate solar panels into the electrical system o Incorporate cool roofs/light-colored roofing o Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended November 1, 2005; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent. (Impact 4.2-6) MM4.2-23 Prior to issuance of a building permit, the applicant shall provide a landscape plan for the Project that includes shade trees around main buildings, particularly along southern elevations where practical, and will not interfere with loading dock locations or other operational constraints. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. (Impact 4.2-6) MM4.2-24 Prior to issuance of a building permit, the applicant shall demonstrate that the proposed building or structure designs incorporate exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-25 The applicant shall provide education and publicity about reducing waste and available recycling services to future tenants. The education and publicity materials shall be provided to the City for review and approval by the Planning Department. (Impact 4.2-6) MM4.2-26 All showerheads, lavatory faucets, and sink faucets within the residential units shall comply with the California Energy Conservation flow rate standards. (Impact 4.2-6) MM4.2-27 Low -flush toilets shall be installed within all commercial and residential (including Congregate Care) units as specified in California State Health and Safety Code Section 17921.3. (Impact 4.2-6) MM4.2-28 All commercial/industrial/common area irrigation areas shall be capable of being operated by a computerized irrigation system which includes an onsite weather station/ET gage capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system shall be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. (Impact 4.2-6) ouncil 21 — 499 MM4.2-29 Landscape designers shall ensure that Project landscaping of commercial/industrial/common areas uses drought -tolerant and smog -tolerant trees, shrubs, and groundcover to ensure long-term viability and conserve water and energy. (Impact 4.2-6) MM4.2-30 Landscape designers shall ensure that the landscape plan includes drought resistant trees, shrubs, and groundcover within the parking lot and perimeter. (Impact 4.2-6) MM4.2-31 Project designers shall ensure that design features incorporate light-colored roofing materials that will deflect heat away from the building and conserve energy. (Impact 4.2-6) MM4.2-32 The Project designers shall ensure that designs include all illumination elements to have controls to allow selective use as an energy conservation measure. (Impact 4.2-6) MM4.2-33 Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to promote ride sharing programs such as, but not necessarily including, publishing ride sharing information for all of the tenants, designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a website or message board for coordinating rides. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-34 Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6) MM4.2-35 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that all interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the City Building Official. (Impact 4.2-6) MM4.2-36 Tenants shall be responsible to ensure that preferential parking spaces are allocated to ultra -low emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra -low emission vehicles. (Impact 4.2-6) MM4.2-2 through MM4.2-29 would also apply to this impact. (Impact 4.2-7) Project Analysis and Conclusion The City determined that impacts related to increased local traffic volumes (Impact 5.2-3) and SCAG growth projections (Impact 4.2-4) were below the level of significance and did not require mitigation. Impacts related to objectionable odors (Impact 4.2-1), criteria pollutants (Impact 4.2- 2), contribute to an air quality violation (Impact 4.2-5) were less than significant with the implementation of mitigation measures. Impacts related to exceeding criteria pollutants during operations (Impact 4.2-6) and construction (Impact 4.2-7) were significant and unavoidable, and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. ouncil 21 — 500 The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because the project modifies the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the additional of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC area. Thus, there are no new land uses being introduced that would have air quality impacts. The proposed amendments will introduce new regulations for nonconforming industrial use that would discontinue nonconforming noxious uses, establish screening walls, eliminate vehicle servicing on Sundays. These regulations would reduce dust and lessen air quality emissions. No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere. Uses, activities, and processes shall not operate in a manner that emits dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District. These regulations will have a beneficial impact to air quality. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated, which will result in a beneficial impact to air quality. Mitigation measures MM4.2-1 through MM4.2-36 would continue to apply. Therefore, the project does not trigger new air quality impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to air quality. 5.3 BIOLOGICAL RESOURCES This section analyzes the effects to biological resources from implementing the proposed zoning code regulations. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? TZC EIR Conclusions buncil 21 — 501 • No endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to occur or expected to occur within the Transit Zoning Code (SD 84A and SD 84B) area. (DEIR Section 4.3.3: Effects Found to Have No Impact) • No riparian habitat or other sensitive natural communities are located in these areas. (DEIR Section 4.3.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not in proximity to, nor does it contain, wetland habitat or a blueline stream. (DEIR Section 4.3.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) is surrounded by urban uses on all four sides, including two highways, and, therefore, does not function as a wildlife movement corridor. (DEIR Section 4.3.3: Effects Found to Have No Impact) • Implementation of the project would not conflict with any local policies or ordinances protecting biological resources. (DEIR Section 4.3.3: Effects Found to Have No Impact) • No conflict with an adopted habitat conservation plan, Orange County NCCP/HCP or other local, regional, or state habitat conservation plan would occur, and there would be no impact. (DEIR Section 4.3.3: Effects Found to Have No Impact) • Long-term cumulative development occurring pursuant to the Transit Zoning Code would not result in a potential reduction in nesting opportunities for resident and migratory avian species of special concern. (Impact 4.3-1: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures: 1. Tree removal shall be restricted to the period between August 30 and February 15, to the extent feasible, to avoid the breeding season of any migratory species that could be using the area, and to discourage nesting in the vicinity of an upcoming construction area. If it is not feasible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and August 30, all trees within 250 feet of any grading or earthmoving activity shall be surveyed for active nests by a qualified biologist no more than 30 days prior to disturbance. If active nests are found, and the site is within 250 feet of potential construction activity, a temporary fence shall be erected, where appropriate, around the tree(s) at a distance of up to 250 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined in consultation with the City of Santa Ana Park Naturalist or a designee. 2. No construction vehicles shall be permitted within restricted areas (i.e., protection zones), unless directly related to the management or protection of the legally protected species. 3. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist. (Impact 4.3-1) Project Analysis and Conclusion ouncil 21 — 502 The City determined that impacts related to endangered, rare, threatened, or special status plant species or associated habitats or wildlife species, riparian habitat and sensitive natural communities, wetlands or blue line streams, wildlife movement corridors, habitat conservation plans, and biological resource policies would not have any impacts. Impacts to avian species were less than significant with implementation of the mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because the TZC area is intended to be developed for urban uses and located in an area that is completely developed for urban uses. Because TZC area is a heavily disturbed and graded area consisting of industrial and residential uses, and the project does not introduce any new types of land use, and instead removes the industrial overlay zone, there will be no impacts to biological resources. Any future development within the TZC area requiring discretionary action would be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to biological resources. The project does not trigger new biological resource impacts requiring the preparation of a subsequent or supplemental EIR. Mitigation measure MM4.3-1 would continue to apply. There would be no new or more significant impacts to biological resources. 5.4 CULTURAL RESOURCES This section analyzes the effects to cultural resources and tribal cultural resources from implementing the proposed zoning code regulations. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the CEQA Guidelines? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5 of the CEQA Guidelines? c. Directly or indirectly destroy a unique paleontological resource or unique geologic feature? d. Disturb any human remains, including those interred outside of dedicated cemeteries? TZC EIR Conclusions • Long-term cumulative development occurring pursuant to the Transit Zoning Code could cause a substantial adverse change in the significance of an archaeological resource or disturb human remains. (Impact 4.4-1: Less Than Significant with mitigation) • Long-term cumulative development occurring pursuant to the Transit Zoning Code has the potential to directly or indirectly destroy a unique paleontological resource or unique geologic feature. (Impact 4.4-2: Less Than Significant with mitigation) The adoption of the Transit Zoning Code (SD substantial adverse change in the significance of Section 15064.5 of the CEQA Guidelines. (Impac and no feasible mitigation) TZC EIR Mitigation Measures 84A and SD 84B) would result in a historical resource as defined in t 4.4-3: Significant and Unavoidable ouncil 21 — 503 MM4.4-1(a) Prior to any earth -disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to determine if the project could result in a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines or disturb human remains. The investigation shall include, as determined appropriate by the archaeologist and the City of Santa Ana, an updated records search of the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System (CHRIS), updated Native American consultation, and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any archaeological resources within the development area and includes recommendations and methods for eliminating or avoiding impacts on archaeological resources or human remains. The measures shall include, as appropriate, subsurface testing of archaeological resources and/or construction monitoring by a qualified professional and, if necessary, appropriate Native American monitors identified by the applicable tribe (e.g., the Gabrielino Tongva Nation) and/or the Native American Heritage Commission. The methods shall also include procedures for the unanticipated discovery of human remains, which shall be in accordance with Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. The technical report or memorandum shall be submitted to the City of Santa Ana for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or avoiding impacts on archaeological resources identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate non -disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth -disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-2(b). (Impact4.4-1) MM4.4-1(b) If evidence of an archaeological site or other suspected historical resource as defined by CEQA Guidelines Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during any project -related earth - disturbing activities (including projects that would not encounter undisturbed soils), all earth - disturbing activity within 100 feet of the find shall be halted and the City of Santa Ana shall be notified. The project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less -than -significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A-L) form and filed with the SCCIC. (Impact 4.4-1) MM4.4-2(a) Prior to any earth -disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project applicant shall retain a professional paleontologist to determine if the project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. The investigation shall include, as determined appropriate by the paleontologist and the City of Santa Ana, a paleontology records check and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies the paleontological sensitivity of the development area and includes recommendations and methods for eliminating or avoiding impacts on paleontological resources or unique geologic ouncil 21 — 504 features. The technical report or memorandum shall be submitted to the City for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or avoiding impacts on paleontological resources or unique geologic features identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain a paleontologist shall demonstrate non -disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth -disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-3(b). (Impact 4.4-2) MM4.4-2(b) Should paleontological resources (i.e., fossil remains) be identified at a particular site during project construction, the construction foreman shall cease construction within 100 feet of the find until a qualified professional can provide an evaluation. Mitigation of resource impacts shall be implemented and funded by the project applicant and shall be conducted as follows: 1. Identify and evaluate paleontological resources by intense field survey where impacts are considered high 2. Assess effects on identified sites 3 Consult with the institutional/academic paleontologists conducting research investigations within the geological formations that are slated to be impacted 4. Obtain comments from the researchers 5. Comply with researchers' recommendations to address any significant adverse effects where determined by the City to be feasible In considering any suggested mitigation proposed by the consulting paleontologist, the City of Santa Ana staff shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, applicable policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. (Impact 4.4- 2) MM4.4-3 Prior to development activities that would demolish or otherwise physically affect buildings or structures 50 years old or older or affect their historic setting, the project applicant shall retain a cultural resource professional who meets the Secretary of the Interior's Professional Qualifications Standards for Architectural History to determine if the project would cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. The investigation shall include, as determined appropriate by the cultural resource professional and the City of Santa Ana, the appropriate archival research, including, if necessary, an updated records search of the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System (CHRIS) and a pedestrian survey of the proposed development area to determine if any significant historic -period resources would be adversely affected by the proposed development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any historical resources within the development area and includes recommendations and methods for eliminating or reducing impacts on historical resources. The technical report or memorandum shall be submitted to the City Santa Ana for approval. As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum. The project applicant shall be responsible for implementing methods for eliminating or reducing impacts on historical ouncil 21 — 505 resources identified in the technical report or memorandum. Such methods could include, but not be limited to, written and photographic recordation of the resource in accordance with the level of Historic American Building Survey (NABS) documentation that is appropriate to the significance (local, state, national) of the resource. (Impact 4.4-3) Project Analysis and Conclusion The City determined that impacts related to archaeological resources (Impact 4.4-1) unique paleontological resources (Impact 4.4-2), and disturbing human remains were less than significant with the implementation of mitigation measures. Impacts related to historical resources (Impact 4.4-3) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. The TZC EIR states that there are 80 designated historic properties that are listed on the Santa Ana Register of Historical Properties, five that are listed on the California Points of Historical Interest, and one that is listed on the California Historical Landmarks within and adjacent to the TZC area. The TZC area has already been subject to extensive disruption from previous development and may contain artificial fill materials. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required, nor would the project introduce new land uses that would have impact to cultural or tribal cultural resources that could otherwise make the long-term significant and unavoidable historical resource impacts more severe. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Mitigation measures MM4.4-1(a), MM4.4- 1(b), MM4.4-2(a), MM4.2(b), and MM4.4-3 would continue to apply. In addition, compliance with the existing regulations and proposed regulations identified in Table 1 — Current and Proposed Text Regulations will assure that potential impacts are not exacerbated, which will result in a beneficial impact to cultural resources. Therefore, the project does not trigger new cultural or tribal cultural resource impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to cultural and tribal cultural resources. 5.5 HAZARDS AND HAZARDOUS MATERIALS This section analyzes the effects to hazards and hazardous materials from implementing the proposed zoning code regulations. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? buncil 21 — 506 c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? TZC EIR Conclusions • A private airstrip/heliport is not known to be located within the Transit Zoning Code (SD 84A and SD 8413) area, nor is the Transit Zoning Code (SD 84A and SD 8413) area located in close proximity to a private airstrip/heliport. (DEIR Section 4.5.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 8413) area is located in a dense urban environment and is surrounded by existing development. There are no wildland areas, nor wildland interface areas located in the vicinity. Consequently, no wildland fires would affect, or be affected by, implementation of the proposed Transit Zoning Code (SD 84A and SD 8413). (DEIR Section 4.5.3: Effects Found to Have No Impact) • Long-term cumulative development occurring pursuant to the Transit Zoning Code could involve the transportation, use, storage, and/or disposal of hazardous materials, such as diesel exhaust. (Impact 4.5-1: Less Than Significant without mitigation) • Construction activities associated with implementation of the proposed Transit Zoning Code (SD 84A and SD 8413) would result in the release of hazardous materials to the environment through reasonably foreseeable upset and accident conditions. (Impact 4.5-2: Less Than Significant with mitigation) • Construction activities associated with the implementation of the Transit Zoning Code would result in the handling of hazardous materials, substances, or waste within one - quarter mile of an existing school. (Impact 4.5-3: Less Than Significant without mitigation) • The Transit Zoning Code (SD 84A and SD 8413) includes sites which are included on a list of hazardous materials sites and as a result, would create a significant hazard to the public or environment. (Impact 4.5-4: Less Than Significant with mitigation) • Construction activities associated with the implementation of the Transit Zoning Code could result in a safety hazard for people residing or working in the project area. (Impact 4.5-5: Less Than Significant with mitigation) • The Transit Zoning Code could impair the implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan resulting in a significant impact. (Impact 4.5-6: Less Than Significant with mitigation) buncil 21 — 507 TZC EIR Mitigation Measures MM4.5-1 When sites that are listed in the EDR Report initiate project development, the project applicant shall prepare a Phase I ESA for the proposed site. The Phase I ESA shall be prepared in accordance with ASTM E-1527-05 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" (November 1, 2006). The purpose of a Phase I ESA is to identify environmental conditions at a proposed project site that may suggest environmental contamination. The Phase I ESA report shall be prepared by a CA EPA Registered Environmental Assessor or similarly qualified individual prior to initiating any construction activities at the site. If recommended in the Phase I ESA, the project sponsor shall undertake (or require the responsible party to undertake) a Phase II ESA soil sampling plan; or if any environmental contamination is identified by the Phase I ESA, the project sponsor shall implement (or require the responsible party to implement) the recommendations of the report to further investigate and to remove any soil contamination. (Impact 4.5-2) MM4.5-2 In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction in the Transit Zoning Code (SD 84A and SD 84B) area, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post -development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post -development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., Santa Ana Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. (Impact 4.5-2) MM4.5-3 Prior to the demolition of structures that were constructed before 1980, a thorough investigation shall be completed to determine if asbestos, lead, or PCBs exist on the site. All demolition that could result in the release of lead and/or asbestos must be conducted according to Cal/OSHA standards. (Impact 4.5-2) MM4.5-4 For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's aeronautical evaluation of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the project shall be reviewed by the ALUC for consistency analysis. (Impact 4.5-5) MM4.5-5 Prior to initiation of construction activities, any development within the Transit Zoning Code (SD 84A and SD 84B) Area shall have a completed traffic control plan, prepared by the project proponent that will be implemented during construction activities. This may include, but is not limited to, the maintenance of at least one unobstructed lane in both directions on surrounding roadways. At any time if only a single lane is available, the developer shall provide a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating alternative routes. (Impact 4.5-6) ouncil 21 — 508 MM4.5-6 The City Public Works Department shall consult with the Santa Ana Police Department and the Santa Ana Fire Department to disclose temporary closures and alternative travel routes in order to ensure adequate access for emergency vehicles when construction of future projects would result in temporary land or roadway closures. (Impact 4.5-6) MM4.5-7 The Santa Ana Fire Department, in consultation with other applicable City Departments (e.g., Police), shall update their Emergency Preparedness Plan prior to occupancy of the first project developed under the Transit Zoning Code (SD 84A and SD 84B), to address the potential for the accidental release of hazardous materials that may be used, stored, and/or transported in association with operation of project implementation. (Impact 4.5-6) MM4.5-8 Project applicants shall submit evacuation plans on a project by project basis that shall be reviewed and approved by the City Police and Fire Departments. (Impact 4.5-6) Project Analysis and Conclusion The City determined that impacts related to people residing or working in the vicinity of a private airstrip/heliport and wildland areas would have no impact (DEIR Section 4.5.3: Effects Found to Have No Impact). Impacts related to transportation, storage and disposal of hazardous materials (Impact 4.5-1) and handling of hazardous materials near a school (Impact 4.5-3) were below the level of significance and did not require mitigation. Impacts related to reasonably upset of hazardous materials into the environment (Impact 4.5-2), hazardous materials sites (Impact 4.5-4), construction safety hazards for people or residing in the TZC area (Impact 4.5- 5) and interference with an adopted emergency response plan (Impact 4.5-6) were less than significant with the implementation of mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would require that no material or waste shall be deposited upon a subject parcel in such form or manner that it may be transferred off the parcel by natural causes or forces and that all materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with City of Santa Ana regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited. No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.5-1 through MM4.5-8 would continue to apply. Therefore, the project does not trigger new hazards and hazardous materials impacts requiring the preparation of a subsequent or supplemental EIR. In addition, compliance with the existing regulations and ouncil 21 — 509 proposed amendments will assure that potential impacts to hazards and hazardous materials are not exacerbated. There would be no new or more severe significant impacts to hazards and hazardous materials. 5.6 HYDROLOGY AND WATER QUALITY This section analyzes the effects to hydrology and water quality from implementing the proposed zoning code regulations. Would the project: a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner that would result in substantial erosion or siltation on or off site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on or off site? e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g. Otherwise substantially degrade water quality? h. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? i. Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? j. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? k. Expose people or structures to a significant risk of loss, injury, or death involving inundation by seiche, tsunami, or mudflow? TZC EIR Conclusions • The Transit Zoning Code (SD 84A and SD 84B) area is not located within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, and is not within the 100-year or 500- year flood hazard area. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not within the 100-year flood hazard area, (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) area is not located in the flood inundation area of the Prado Dam or the Santiago Dam. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The proposed Transit Zoning Code (SD 84A and SD 84B) would not expose people to a significant risk of loss, injury, or death involving inundation by a seiche, tsunami, or mudflow because the project site is not located near a coastal area, large water body, or buncil 21 — 510 unstable and exposed hills or slopes. (DEIR Section 4.6.3: Effects Found to Have No Impact) • Implementation of the Transit Zoning Code would not violate water quality standards, waste discharge, or otherwise substantially degrade water quality. (Impact 4.6-1: Less Than Significant with mitigation) • The majority of the Transit Zoning Code (SD 84A and SD 84B) area is already developed and because the project area is not used for groundwater recharge, the operation of future development under the proposed project would not interfere substantially with groundwater recharge. (Impact 4.6-2: Less Than Significant without mitigation with mitigation) • Development under the Transit Zoning Code (SD 84A and SD 84B) could alter the existing drainage pattern of the area and potentially result in erosion and siltation. (Impact 4.6-3: Less Than Significant) • Future development in the Transit Zoning Code (SD 84A and SD 84B) could alter the existing drainage pattern and potentially result in increased downstream flooding through the addition of impervious surfaces, or exceeding the capacity of existing or planned stormwater drainage systems. (Impact 4.6-4: Less Than Significant with mitigation) TZC EIR Mitigation Measures MM4.6-1 In order to comply with the current version of the Drainage Area Master Plan (DAMP), future development projects in the Transit Zoning Code (SD 84A and SD 84B) area shall prepare Storm Drain Plans, Stormwater Pollution Prevention Plans (SWPPP), and Water Quality Management Plans (WQMP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, shall be submitted to the Public Works Agency for review and approval. a. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows, and for nuisance flows during construction. The SWPPP may include, but would not necessarily be limited to, the following applicable measures: o Minimum required pavement widths for residential streets needed to comply with all zoning and applicable ordinances o Use permeable materials for private sidewalks, driveways, parking lots, or interior roadway surfaces o Reduce the overall imperviousness associated with parking lots by using pervious materials in spillover parking areas o Direct rooftop runoff to pervious areas and avoid routing rooftop runoff to the roadway or the stormwater conveyance system o Biofilters including vegetated swales and strips o Extended/dry detention basins o Infiltration basin o Infiltration trenches or vaults o Catch basin inserts ouncil 21 — 511 o Continuous flow deflection/separation systems o Storm drain inserts o Media filtration o Foundation planting o Catch basin screens o Normal flow storage/separation systems o Clarifiers o Filtration systems o Primary waste water treatment systems o Dry Wells o Cistern b. A WQMP shall be prepared, maintained, and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall incorporate water quality measures for all improved phases of the project. (Impact 4.6-1 and Impact 4.6-3) MM4.6-2 Prior to issuance of grading permits for future development projects in the Transit Zoning Code (SD 84A and SD 84B) area, applicants shall submit site -specific Hydrology and Hydraulic Studies to the Public Works Department for review and approval. If existing facilities are not adequate to handle runoff that may be generated by the proposed development, then the applicant shall propose feasible remedies to assure that adequate drainage facilities will be available prior to issuance of occupancy permits. The applicant may propose storm drain improvements to be constructed in order to meet project needs. If necessary storm drain upgrades cannot be implemented prior to issuance of occupancy permits, on site detention facilities or other methods acceptable to the City shall be included with new development projects to ensure that post -construction runoff does not exceed pre -development quantities. (Impact 4.6-4) MM4.6-3 During the design of individual projects, applicants shall minimize impervious area by incorporating landscaped areas over substantial portions of a proposed project area. Furthermore, impervious areas shall be directly connected to landscaped areas or bioretention facilities to promote filtration and infiltration of stormwater. (Impact 4.6-4) MM4.6-4 During the design of individual projects, applicants shall control structural source through storm drain stenciling and signage, coverage of trash area to minimize direct precipitation, efficient irrigation to minimize runoff into stormwater conveyance system, slope and channel protection to decrease potentials for erosions of slopes, and use of deep-rooted, drought tolerant plant species for erosion control. (Impact 4.6-4) Project Analysis and Conclusion The City determined that impacts related to within a 100-year flood hazard area, flood inundation area, inundation from the Prado Dam, a seiche, tsunami, or mudflow would have no impacts (DEIR Section 4.6-3). Impacts related to interference with groundwater recharge (Impact 4.5-1), alteration to existing drainage patterns (Impact 4.6-3) and increased downstream flooding (Impact 4.6-4) were less than significant with the implementation of mitigation measures. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of specific development projects, introduce new land uses nor increase the intensity the existing uses. The new regulations would require liquid or ouncil 21 — 512 solid wastes discharged from future development projects be properly treated and would therefore not pollute or contaminate any water courses or groundwater. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.6-1 through MM4.64 would continue to apply. Therefore, the project does not trigger new hydrology and water quality impacts requiring the preparation of a subsequent or supplemental EIR. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Therefore, there would be no new or more severe significant impacts to hydrology and water quality. 5.7 LAND USE This section analyzes the effects on land use from implementing the proposed zoning code regulations. Would the project: a. Introduce new land uses that would result in conflicts of use? b. Physically divide an established community? c. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. ? d. Conflict with any applicable habitat conservation plan or natural community conservation plan? TZC EIR Conclusions • The Transit Zoning Code (SD 84A and SD 84B) area is not located within either a natural community plan or applicable habitat conservation plan. The Transit Zoning Code (SD 84A and SD 84B) area does not contain any critical or sensitive habitat. (DEIR Section 4.6.3: Effects Found to Have No Impact) • The Transit Zoning Code (SD 84A and SD 84B) would not result in conflicts of use. (Impact 4.7-1: Less Than Significant without mitigation) • The proposed Transit Zoning Code (SD 84A and SD 84B) would not physically divide an established community. (Impact 4.7-2: Less Than Significant without mitigation) • The proposed Transit Zoning Code (SD 84A and SD 84B) would conflict with the Santa Ana General Plan by adopting standards and land uses not currently allowed within the proposed Transit Zoning Code (SD 84A and SD 84B) area; however, as part of the proposed project, the General Plan would be amended to incorporate the proposed land uses and development standards. (Impact 4.7-3: Less Than Significant without mitigation) TZC EIR Mitigation Measures All impacts were below the level of significance and mitigation measures are not necessary nor recommended. buncil 21 — 513 Project Analysis and Conclusion The City determined that impacts related to conflicts with a natural community plan or applicable habitat conservation plan would have no impacts (DEIR Section 4.6.3: Effects Found to Have No Impact). Impacts related to incompatible land uses (Impact 4.7-1), potential to divide an established community (Impact 4.7-2), and conflicts with the Santa Ana General Plan (Impact 4.7-3) were below the level of significance and did not require mitigation. The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan, as required by Government Code Section 65860, by timely addressing current inconsistencies within an area of the City prioritized for addressing environmental justice and impacts were found to be less than significant. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC area. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: • Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles. • Resolving the conflict of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse. • Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses. • Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heave industrial facilities and emission sources. • Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the TZC. • Developing and adopting new regulations to address facilities that emit high levels increased pollution near sensitive receptors within EJ (Environmental Justice) area boundaries, which includes areas of the TZC. • Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors • Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. ouncil 21 — 514 Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through discontinuing nonconforming industrial uses through amortization: LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. LU3.3 - 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. CN1.4 - 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. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. CN1.11 - 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. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. HE44.A — Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. Implementation of the proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations does not trigger new land use impacts that might otherwise occur with a development project requiring preparation of a supplemental or subsequent EIR. The new regulations would provide that any nonconforming business that operates in an unlawful manner, including but not limited to, frequent code violations, police calls, or loitering complaints, or is not in good standing with the City, including, but limited to constant service calls or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including business license revocation or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one violation, call, or complaint per month during any twelve month period, and "constant service calls" is defined as more than one service call per month during any twelve (12) month period. Thus, the project would not physically divide an established community, or conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental impact. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. Therefore, the project does not trigger new land use impacts requiring the preparation of a subsequent or supplemental EIR. There would be no new or more severe significant impacts to land use. ouncil 21 — 515 5.8 NOISE This section analyzes the effects to noise from implementing the proposed zoning code regulations. Would the project: a. Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Expose persons to or generate excessive groundborne vibration or groundborne noise levels? c. Cause a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. Cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? TZC EIR Conclusions • The project is not located within an airport land use plan or within 2 miles of a public airport or public use airport. (DEIR Section 4.8.3: Effects Found to Have No Impact) • Construction activities associated with the proposed project would generate noise levels that exceed the noise standards established by the City of Santa Ana Municipal Code. (Impact 4.8-1: Less Than Significant with mitigation) • Operation of the proposed project could expose noise -sensitive land uses to noise levels that exceed the standards established by the City of Santa Ana General Plan. (Impact 4.8-2: Less Than Significant with mitigation) • Operation of the proposed project would not expose sensitive receptors on or off site to excessive groundborne vibration or groundborne noise levels, (Impact 4.8-3: Less Than Significant without mitigation) • Occupants of the proposed residential units would not be exposed to potentially significant vibration levels. (Impact 4.8-4: Less Than Significant without mitigation) • Physical impact from an increase in ambient noise levels could occur from the construction activities associated with the proposed project, an adverse effect on the nearby residents would not occur. (Impact 4.8-5: Less Than Significant) • No temporary or periodic noise impacts to on- or off -site receptors due to operation of the project. (Impact 4.8-6: Less Than Significant without mitigation) • Operation of the proposed project would not generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity. (Impact 4.8-7: Less Than Significant without mitigation)Operation of the Southern California Regional Rail Authority's (SCRRA) rail line would potentially expose noise -sensitive land uses located within the Transit Zoning Code (SD 84A and SD 84B) area to noise levels that exceed the standards established by the City of Santa Ana General Plan. (Impact 4.8-8: Significant and Unavoidable and no feasible mitigation) Construction activities associated with the proposed project would generate or expose persons or structures to excessive groundborne vibration. (Impact 4.8-9: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures buncil 21 — 516 MM4.8-1 All construction activity within the City shall be conducted in accordance with Section 18-314(e) of the City of Santa Ana Municipal Code. (Impact 4.8-1 and Impact 4.8-9) MM4.8-2 Each project applicant shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: Two weeks prior to the commencement of construction, notification must be provided to property owners within 300 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period Ensure that construction equipment is properly muffled according to industry standards and be in good working condition Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible Schedule high noise -producing activities between the hours of 8:00 A.M. and 5:00 P.M. to minimize disruption on sensitive uses Implement noise attenuation measures, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources Use electric air compressors and similar power tools rather than diesel equipment, where feasible Construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1) MM4.8-3 Each project applicant shall require by contract specifications that construction staging areas along with the operation of earthmoving equipment within the project area would be located as far away from vibration and noise sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9) MM4.8-4 Each project applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9) MM4.8-5 When residential uses would be located in areas with noise levels in excess of 60 dBA CNEL (either through conversion of use/structure or new construction), the project applicant shall provide noise barriers around private open space areas, including patios and balconies, as necessary. The height and density of the barriers shall be sufficient to reduce the exterior noise levels within private open space areas to a CNEL of 65 dBA or less. (Impact 4.8-2) ouncil 21 — 517 MM4.8-6 Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. (Impact 4.8- 2) MM4.8-7 Each project applicant shall provide proper shielding for all new HVAC systems used by the proposed residential and mixed use buildings to achieve an attenuation of 15 dBA at 50 feet from the equipment. (Impact 4.8-2) MM4.8-8 The City shall provide a written statement to each applicant for projects located within 400 feet of the SCRRA tracks that shall be provided for each residential unit and resident, notifying them of potential noise and vibration issues associated with the railroad tracks, including the following: Notice of Disclosure Each owner's [or renter's] interest is subject to the fact that trains operate at different times of the day and night on the railway tracks immediately adjacent to a project site; and that by accepting the conveyance of an interest [or lease agreement] in that project, owner [or renter] accepts all impacts generated by the trains. Posting of Notice of Disclosure in each residential unit. Prior to offering the first residential unit for purchase, lease, or rent, the property owner or developer shall post a copy of the Notice of Disclosure in every unit in a conspicuous location. Also, a copy of the Notice of Disclosure shall be included in all materials distributed for the Project, including but not limited to: the prospectus, informational literature, and residential lease and rental agreements. (Impact 4.8-8) Project Analysis and Conclusion The City determined that no impacts related to the proximity public use airport would not result in impacts would result. Impacts related to exposure of sensitive receptors from excessive groundborne vibration (Impact 4.8-3), potentially significant vibration levels (Impact 4.8-4), ambient noise increase (Impact 4.8-5), periodic noise impacts (Impact 4.8-6), and noise from increased traffic volumes (Impact 4.8-7) were below the level of significance and did not require mitigation. Impacts from noise levels exceeding City noise standards (Impact 4.8-1) and exposure to noise -sensitive land uses (Impact 4.8-2) were less than significant with the implementation of mitigation measures. Impacts causing groundborne vibration and development exposure near the Southern California Regional Rail Authority's (SCRRA) rail line (Impact 4.8-8) and construction activities from project implementation (Impact 4.8-9) were found to be significant and unavoidable. Specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would limit daily operations times and days of week, and maximum noise that could be generated from existing uses. No industrial use shall generate ground vibration perceptible without instruments at any point along the property line of the site except for motor vehicle operations. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel are exempt from this standard. ouncil 21 — 518 Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.8-1 through MM4.8-8 would continue to apply. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. This will result in a beneficial impact. Therefore, the existing less than significant and significant and unavoidable noise impacts would not result in new or different impacts. 5.9 POPULATION, HOUSING AND EMPLOYMENT This section analyzes the effects to population, housing and employment from implementing the proposed zoning code regulations. Would the project: a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? TZC EIR Conclusions • Implementation of the proposed project would accommodate projected population and housing growth. (Impact 4.9-1: Less Than Significant without mitigation) Construction of development projects pursuant to the Transit Zoning Code (SD 84A and SD 84B) could displace existing people or housing. However, this displacement would not necessitate the construction of additional replacement housing elsewhere. (Impact 4.9-2: Less Than Significant without mitigation) TZC EIR Mitigation Measures All impacts were below the level of significance and mitigation measures are not necessary nor recommended. Project Analysis and Conclusion The City determined that impacts related to accommodating population and housing growth Impact 4.9-1) and displacement of existing housing (Impact 4.9-2) were below the level of significance and did not require mitigation. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require development of housing units. The new regulations would provide architectural standards to any future development that would regulate the manner in which individual parcels and blocks are developed to create diverse and pedestrian -oriented development that would be consistent with the TZC area. In addition, there shall be no increase in the number of dwelling units unless the site on which the structure is buncil 21 — 519 located complies with the off-street parking and open space requirements of the SAMC. Therefore, the existing less than significant population, housing and employment impacts would not result in new or different impacts nor would it increase unplanned growth and does not trigger new population and housing impacts requiring the preparation of a subsequent or supplemental EIR. 5.10 PUBLIC SERVICES This section analyzes the effects to public services and recreational and park facilities from implementing the proposed zoning code regulations. Would the project: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection? b. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection? c. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools? d. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for library services? e. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for park services? TZC EIR Conclusions Construction of new projects pursuant to the Transit Zoning Code (SD 84A and SD 8413) would increase the demand for fire protection services, but it would not require the construction of new or physically altered facilities to accommodate the increased demand or maintain acceptable response times. (Impact 4.10-1: Less Than Significant with mitigation) • Operation of the proposed project would increase the demand for police services, thereby requiring additional staffing, although it would not require the construction of new or physically altered facilities or personnel to accommodate the increased demand. (Impact 4.10-2: Less Than Significant with mitigation) Construction of new residential units within the project area would generate new students that could require the addition of new classroom facilities, thereby requiring buncil 21 — 520 new or physically altered facilities to accommodate additional students in Santa Ana Unified School District (SAUSD) schools. (Impact 4.10-3: Less Than Significant) • Construction of new residential units within the project area would generate new library users that could require the addition of new library facilities. (Impact 4.10-4: Less Than Significant without mitigation) • All properties identified as having new development potential to be built out pursuant to the provisions of the Transit Zoning Code (SD 84A and SD 84B) these new projects would generate a need for new or physically altered park facilities in order to maintain acceptable service ratios. (Impact 4.10-5: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.10-1 Prior to an issuance of a building permit, individual projects in the Transit Zoning Code (SD 84A and SD 84B) area shall perform a water supply, fire flow test and fire protection system design analysis to ensure that proposed projects are in accordance to meet standard fire protection design requirements. (Impact 4.10-1) MM4.10-2 Any development that would exceed two stories in height shall submit site -specific security plans to the SAPD for review prior to issuance of a building permit. (Impact 4.10-2) MM4.10-3 No developer within the Transit Zoning Code (SD 84A and SD 84B) boundaries shall utilize a frequency of 800 MHz, which is reserved for emergency services. (Impact 4.10-2) MM4.10-4 Individual project developers shall pay school impact fees prior to the issuance of occupancy permits. (Impact 4.10-3) MM4.10-5 Prior to issuance of a building permit for a residential development project, or change of use from non-residential to residential within the Transit Zoning Code (SD 84A and SD 84B) area, project applicants shall pay to the City of Santa Ana the Park Acquisition and Development Fee. (Impact 4.10-5) Project Analysis and Conclusion The City determined that impacts related to the provision of library services (Impact 4.10-4) and recreation park facilities (Impact 4.10-5) were below the level of significance and did not require mitigation. Impacts related to fire services (Impact 4.10-1), Police services (Impact 4.10-2) and generation of new school children (Impact 4.10-3) were less than significant with the implementation of mitigation measures. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.10-1 through MM4.10-5 would continue to apply. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated, which will result in a beneficial impact to public services. Therefore, the existing less than significant and significant and public services impacts would not result in new or different impacts. 5.11 TRANSPORTATION ouncil 21 — 521 This section analyzes the effects on transportation from implementing the proposed zoning code regulations. Would the project: a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capacity g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks) TZC EIR Conclusions • Operation of the proposed project would result in impacts related to neighborhood traffic in the adjacent residential areas to the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.11-1: Less Than Significant with mitigation) • Long-term cumulative development pursuant to the implementation of the Transit Zoning Code would exceed standards established by the Orange County Transportation Authority within the study area. (Impact 4.11-2: Less Than Significant without mitigation) • Development projects constructed pursuant to the standards contained within the Transit Zoning Code would not result in a change in air traffic patterns. (Impact 4.11-3: Less Than Significant) without mitigation • Development projects constructed pursuant to the Transit Zoning Code would not increase hazards due to a design future or incompatible uses. (Impact 4.11-4: Less Than Significant without mitigation) • Development projects constructed pursuant to the Transit Zoning Code could result in inadequate emergency access. (Impact 4.11-5: Less Than Significant without mitigation) • Long-term cumulative development under the implementation of the Transit Zoning Code would not result in inadequate parking capacity. (Impact 4.11-6: Less Than Significant without mitigation) • The Transit Zoning Code would not conflict with adopted policies, plans, or programs supporting alternative transportation. (Impact 4.11-7: Less Than Significant) • Long-term cumulative development under implementation of the Transit Zoning Code would cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. (Impact 4.11-8: Less Than Significant with mitigation) • Long-term cumulative development under implementation of the Transit Zoning Code would result in impacts related to freeway ramps in the vicinity of the Transit Zoning buncil 21 — 522 Code area. (Impact 4.11-9: Less Than Significant with mitigation and Significant and Unavoidable due to a public agency (Caltrans) approval other than the City) TZC EIR Mitigation Measures MM4.11-1 The City of Santa Ana shall, during any roadway improvement within the Transit Zoning Code boundaries, evaluate, consider, and implement as appropriate the traffic calming measure(s), including but not limited to the following: o Curb extensions at local intersections o Short medians at entries to wide streets o Traffic circles at oversized intersections o Speed humps o Turn restrictions (Impact 4.11-1) MM4.11-2 As part of the project, the City of Santa Ana and the project sponsors shall work with the transit providers to implement various transit -related measures to improve and expand bus system service within the Transit Zoning Code (SD 84A and SD 84B) area. These measures may include, but are not limited to, the following: o Adding bus stops to the Transit Zoning Code (SD 84A and SD 84B) area along existing roadways o Changing bus service headways to respond to increased demand o Changing bus service destinations to respond to changing demand o Adding local shuttle service for employees and patrons of the Transit Zoning Code (SD 84A and SD 84B) area o The details of bus service improvements shall be determined in coordination with OCTA. The following recommendations would help encourage public transit patronage for project -related trips: o Bus Stop Locations —Relocation of existing bus stops and the provision of additional bus stops should be considered to accommodate transit users at convenient locations. o Days of Operation —The City should work with OCTA to consider changes to route times to serve nighttime and weekend project visitors and employees. o Headway —The City should work w would be appropriate to reduce them Code (SD 84A and SD 84B) area. MM4.11-3 The City of Santa Ana Public Works Agency shall monitor the traffic signals within the Transit Zoning Code study area once every five years to ensure that traffic signal timing is optimized. (Impact 4.11-8) MM4.11-4 The City of Santa Ana shall institute a program for systematic mitigation of impacts as development proceeds within the Transit Zoning Code to ensure mitigation of the individual improvements. The program shall prescribe the method of participation in the mitigation program by individual projects and guide the timely implementation of the mitigation measures. The program shall include the following elements: A funding and improvement program should be established to identify financial resources adequate to construct all identified mitigation measures in a timely basis. All properties that redevelop within the Transit Zoning Code should participate in the program on a fair share per new development trip basis. The fair share should be based upon the total cost of all identified mitigation measures, divided by the peak hour trip generation increase forecast. ouncil 21 — 523 This rate per peak hour trip should be imposed upon the incremental traffic growth for any new development within the Transitioning Code. The program should raise funds from full development of the Transit Zoning Code to fund all identified mitigation measures. The program should monitor phasing development of the Transit Zoning Code and defer or eliminate improvements if the densities permitted in the Transit Zoning Code are not occurring. Program phasing should be monitored through preparation of specific project traffic impact studies for any project that is expected to include more than 100 dwelling units or 100,000 sf of non-residential development. Traffic impact studies should use traffic generation rates that are deemed to be most appropriate for the actual development proposed. Properties within Santa Ana and within one-half mile of the Transit Zoning Code that redevelop to result in higher traffic generation should also participate in the program to insure equity. The City may elect to implement appropriate mitigation measures as a condition of approval of the proposed developments, where appropriate. All or part of the costs of these improvements may be considered to be a negotiated credit toward the program, however the program must be administered in a manner that assures that it can fund necessary improvements to maintain adequate level of service at all intersections within this study. If funding of priority improvements cannot be assured, credit for construction of lower priority improvements may not be assured or may be postponed until more program funds are available. (Impact 4.11-8) MM4.11-5 Main Street at First Street —Install a second northbound and southbound left -turn lanes and a dedicated northbound right -turn lane for 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-6 Lacy Street at Santa Ana Boulevard —Install a traffic signal and provide exclusive left -turn lane for both northbound and southbound directions for both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-7 Lacy Street at First Street —Install a traffic signal for both 2030 and 2035 conditions, a traffic signal, and provide exclusive left -turn lane for both northbound and southbound directions for both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-8 Santiago Street at Washington Avenue —Install a traffic signal and provide one exclusive left -turn lane for both eastbound and westbound traffic for 2035 conditions only. (Impact 4.11-8) MM4.11-9 Santiago Street at Civic Center Drive —Install a traffic signal and provide: one exclusive left -turn lane, one through lane, and one shared through and right -turn lane on northbound and southbound approaches; and one exclusive left -turn lane and one shared through and right lane on eastbound and westbound approaches. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-10 Santiago Street at Santa Ana Drive —Construct a second southbound left -turn lane for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-11 Santiago Street a Fourth Street —Install a traffic signal. The lane configuration for the signal is recommended as 1 Left, 1 Through, 1 Through+ Right for all approaches. (Impact 4.11-8) ouncil 21 — 524 MM4.11-12 Standard Street at First Street —Construct third eastbound and westbound shared through -right lanes for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-13 Grand Avenue at Santa Ana Boulevard —Construct a third southbound through lane and eastbound right -turn overlap signal phasing. (Impact 4.11-8) MM4.11-14 Grand Avenue at First Street —Construct a third eastbound shared through/right- turn lane, a third westbound shared through/right-turn lane, and a third northbound through lane with dedicated northbound right -turn lane for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8) MM4.11-15 Grand Avenue at 1-5 Northbound Ramps —Construct a second westbound right -turn lane and for the 1-5 northbound off ramp under both 2030 and 2035 conditions. (Impact 4.11-8) MM4.11-16 1-5 at Santa Ana Blvd. —Northbound Off -Ramp —The City of Santa Ana Department of Public Works shall coordinate with Caltrans for the installation of a second ramp lane for the 1-5 northbound off ramp. The improvement shall be implemented to mitigate 2035 conditions. (Impact 4.11-9) Project Analysis and Conclusion The City determined that impacts related to exceeding standards from the Orange County Transportation Authority (Impact 4.111-2), change in air traffic patterns (Impact 4.11-3), hazards due to a design future or incompatible uses (Impact 4.11-4), inadequate emergency access (Impact 4.11-5), inadequate parking capacity (Impact 4.11-6), and alternative transportation (Impact 4.11-7) were below the level of significance and did not require mitigation. Impacts related to neighborhood traffic (Impact 4.11-1) and traffic increases to the existing traffic load (Impact 4.11-8) were less than significant with the implementation of mitigation measures. Impacts related to development near freeway ramps (Impacts 4.11-9) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.11-1 through MM4.11-16 would continue to apply. The proposed adoption of the text regulations identified in Table 1 — Current and Proposed Text Regulations would not require preparation of a supplemental or subsequent EIR because specific development projects are neither included nor required. The new regulations would provide recharging spaces for electric vehicles. Also, all truck parking areas must be on paved surfaces and the parking, loading or unloading of trucks associated with a business on public streets is prohibited. In addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated. This will result in a beneficial impact to transportation. Therefore, the existing less than significant and significant and unavoidable transportation impacts would not result in new or different impacts. 5.12 UTILITIES AND SERVICE SYSTEMS This section analyzes the effects to utilities and service systems from implementing the proposed zoning code regulations. Would the project: buncil 21 — 525 a. Require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? b. Require new or expanded water entitlements and resources if there are not sufficient water supplies available to serve the project from existing entitlements and resources? TZC EIR Conclusions • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would generate an additional demand for water, but would not require water supplies in excess of existing entitlements and resources or result in the need for new or expanded entitlements. (Impact 4.12-1: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not require or result in the construction of new or expanded water treatment facilities, the construction of which could cause significant environmental effects. (Impact 4.12-2: Less Than Significant)without mitigation • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not exceed wastewater treatment requirements of the Orange County Sanitation District. (Impact 4.12-3: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) could require the construction of new or expanded wastewater conveyance systems, the construction of which would not cause significant environmental effects. (Impact 4.12-4: Less Than Significant with mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would not increase wastewater generation such that treatment facilities would be inadequate to serve the project's projected demand in addition to the provider's existing commitments. (Impact 4.12-5: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code would not generate solid waste that exceeds the permitted capacity of landfills serving the area. (Impact 4.12-6: Less Than Significant without mitigation) • Long-term cumulative development under the implementation of the Transit Zoning Code (SD 84A and SD 84B) would comply with all applicable federal, state, and local statutes and regulations related to solid waste. (Impact 4.12-7: Less Than Significant without mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and SD 84B) would increase the demand for electricity and gas, but would not require or result in the construction of new energy production or transmission facilities, the construction of which could cause a significant environmental impact. (Impact 4.12-8: Less Than Significant without mitigation) TZC EIR Mitigation Measures MM4.12-1 Individual project applicants shall prepare site -specific sewer evaluations, including flow monitoring and modeling, during the project design to determine the adequacy of the existing sewer pipe capacity in the affected project area lines. The evaluation shall be submitted to the City of Santa Ana or OCSD, as appropriate, for review and approval prior to issuance of building permits. Any recommendations made in the site -specific sewer evaluations shall be incorporated into the design of each individual project. (Impact 4.12-4) buncil 21 — 526 MM4.12-2 Individual non-residential project applicants are encouraged to apply for Southern California Edison's "Savings By Design" program. The program is aimed at generating an overall reduction in energy use through design methods and incentive programs by maintaining a 15% or greater exceedance of Title 24. (Impact 4.12-8) MM4.12-3 Individual development projects within the boundaries of the Transit Zoning Code (SD 84A and SD 84B) shall implement energy conservation measures (such as energy -efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for electricity and natural gas as part of the project design. The energy conservation measures shall be subject to modification as new technologies are developed, or if current technology becomes obsolete, through replacement and shall be reviewed by the Planning and Building Agency prior to issuance of a building permit. (Impact 4.12-8) MM4.12-4 Individual development projects within the boundaries of the Transit Zoning Code (SD 84A and SD 84B) shall implement energy conservation measures (such as energy -efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for electricity and natural gas as part of the project design. The energy conservation measures shall be subject to modification as new technologies are developed, or if current technology becomes obsolete, through replacement and shall be reviewed by the Planning and Building Agency prior to issuance of a building permit. (Impact 4.12-8) Project Analysis and Conclusion The City determined that impacts related to additional water demand (Impact 4.12-1), expanded water treatment facilities (Impact 4.12-2), exceed wastewater treatment requirements (Impact 4.12-3), increase wastewater generation (Impact 4.12-5), generate solid waste exceeding permitted capacity (Impact 4.12-6), and compliance with applicable federal, state, and local solid waste regulations (Impact 4.12-7) were below the level of significance and did not require mitigation. Impacts related to new or expanded wastewater conveyance systems (Impact 4.12- 4) and an increased demand for electricity and gas (Impact 4.12-8) were less than significant with the implementation of mitigation measures. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project. Mitigation measures MM4.12-1 through MM4.12-4 would continue to apply. The new regulations identified in Table 1 — Current and Proposed Text Regulations would provide any nonconforming business that operates in an unlawful manner, including but not limited to, frequent code violations, police calls, or loitering complaints, or is not in good standing with the City, including, but limited to constant service calls or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including business license revocation or terminating utility services or connections. Also, in addition, compliance with the existing regulations and proposed amendments will assure that potential impacts are not exacerbated which will result in a beneficial impact to utilities and service systems. Therefore, the existing less than significant utilities and service systems impacts would not result in new or different impacts requiring the preparation of a subsequent or supplemental EIR. 5.13 GLOBAL CLIMATE CHANGE This section analyzes the effects to global climate change from implementing the proposed zoning code regulations. Would the project: ouncil 21 — 527 a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Generate greenhouse gas emissions, conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gas? TZC EIR Conclusions • Long-term cumulative development pursuant to the Transit Zoning Code at full build -out would result in significant localized air quality impacts for operational level emissions. As a whole, this impact is significant for operational emissions due to the size of the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.13-1: Significant and Unavoidable and no feasible mitigation) • Long-term cumulative development pursuant to the Transit Zoning Code at full build -out has the potential to conflict with AB 32. The Project as a whole is significant for operational emissions due to the size of the Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.13-2: Significant and Unavoidable and no feasible mitigation) TZC EIR Mitigation Measures MM4.13-1 All diesel fueled construction equipment shall be classified EPA Tier II or better emission efficiencies. (Impact 4.3-1) MM4.13-2 All construction equipment shall be shut off when not in use and shall not idle for more than five minutes, unless actively engaged in construction activities. MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely necessitated by grading or construction activities. (Impact 4.3-1) MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely necessitated by grading or construction activities. (Impact 4.3-1) MM4.13-4 All on -road construction trucks and other vehicles greater than 10,000 pounds shall be shut off when not in use and shall not idle for more than 5 minutes. (Impact 4.3-1) MM4.13-5 To the extent feasible, all diesel- and gasoline -powered construction equipment shall be replaced with equivalent electric equipment. MM4.13-6 Project plans and specifications shall include policies and procedures for the reuse and recycling of construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). (Impact 4.3-1) MM4.13-7 Project plans and specifications shall include education for construction workers about reducing waste and using available recycling services. (Impact 4.3-1) MM4.13-8 Prior to issuance of a building permit, the applicant shall demonstrate that the design of the proposed buildings or structures meets or exceeds the most recent Title 24 requirements (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings; Cool Roof Coatings performance standards), subject to review by the City Building Official. Documentation of compliance with this measure shall be provided to the Planning and Building Agency and Building Official for review and approval prior to issuance of the permit. Installation of the identified design features or buncil 21 — 528 equipment will be confirmed by the City Building Official prior to certificate of occupancy. The following design features should be considered by the applicant as a way to achieve Title 24 compliance in excess of the minimum requirement: o Increase in insulation such that heat transfer and thermal bridging is minimized o Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption o Incorporate dual -paned or other energy efficient windows o Incorporate energy efficient space heating and cooling equipment o Incorporate energy efficient light fixtures o Incorporate energy efficient appliances o Incorporate energy efficient domestic hot water systems o Incorporate solar panels into the electrical system o Incorporate cool roofs/light-colored roofing Or other measures that will increase the energy efficiency of building envelope in a manner that when combined with the other options listed above exceeds current Title 24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non Residential Buildings, as amended September 11, 2008; Cool Roof Coatings performance standards as amended September 11, 2006) by a minimum of 20 percent. (Impact 4.3-1) MM4.13-9 Prior to issuance of a building permit, applicants for individual projects shall provide a landscape plan that includes shade trees around main buildings, particularly along southern elevations where practical, and will not interfere with loading dock locations or other operational constraints. Documentation of compliance with this measure shall be provided to the Planning and Building Agency for review and approval. (Impact 4.3-1) MM4.13-10 All showerheads, lavatory faucets, and sink faucets within the residential units, and where feasible within non-residential developments, shall comply with the California Energy Conservation flow rate standards. (Impact 4.3-1) MM4.13-11 Low -flush toilets shall be installed within all Congregate Care units as specified in California State Health and Safety Code Section 17921.3. MM4.13-12 Project designers should consider design features to incorporate light-colored roofing materials that will deflect heat away from the building and conserve energy. (Impact 4.3- 1) MM4.13-13 Landscape designers shall ensure that landscaping of common areas for Industrial/Commercial projects uses drought -tolerant and smog -tolerant trees, shrubs, and groundcover to ensure long-term viability and conserve water and energy. (Impact 4.3-1) MM4.13-14 Landscape designers shall ensure that the landscape plan for Industrial/Commercial projects includes drought resistant trees, shrubs, and groundcover within the parking lot and perimeter. (Impact 4.3-1) MM4.13-15 Individual project applicants shall ensure that designs for Industrial/Commercial projects include all illumination elements to have controls to allow selective use as an energy conservation measure. (Impact 4.3-1) MM4.13-16 The applicant for Industrial/Commercial projects should promote ride sharing programs such as, but not necessarily including, publishing ride sharing information for all of ouncil 21 — 529 the tenants, designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a website or message board for coordinating rides. Prior to issuance of a building permit, the applicant shall demonstrate that measures have been included to provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience pursuant to SAMC Chapter 41 regarding bicycle parking standards and Chapter 16 of the Santa Ana Citywide Design Guidelines regarding Bikeway Support Facilities Guidelines. Documentation of compliance with this measure shall be provided to the City Building Official for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.3-1) MM4.13-17 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate that all Multi-family/Industrial/Commercial projects' interior building lighting supports the use of compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the Building Official. (Impact 4.3-1) MM4.13-18 Applicants for Multi-family/Industrial/Commercial projects shall consider providing preferential parking spaces for ultra -low emission vehicles and alternative fueled vehicles to encourage the use of alternative fuels and ultra -low emission vehicles. (Impact 4.3-1) MM4.13-19 Prior to issuance of a building permit, the applicant shall demonstrate that the proposed Multi -family/ Industrial/Commercial uses building or structure designs incorporate exterior storage areas for recyclables and green waste and adequate recycling containers located in public/common areas pursuant to the adopted standards. Documentation of compliance with this measure shall be provided to the Planning and Building Agency for review and approval. Installation of the identified design features or equipment will be confirmed by the City Building Official prior to issuance of certificate of occupancy. (Impact 4.3-1) MM4.13-20 All common area irrigation areas for Multi-family/Industrial/Commercial projects shall consider systems that are capable of being operated by a computerized irrigation system which includes an onsite weather station/ET gage capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system shall also consider the ability to be equipped with flow -sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks, and eliminating over -watering and flooding due to pipe and/or head breaks. (Impact 4.3-1) MM4.13-21 Consideration of installation of solar roofs on homes and businesses to offset the increasing demand for energy and natural gas. (Impact 4.3-1) MM4.13-22 Project applicants shall, where feasible, incorporate passive solar design features into the buildings, which may include roof overhangs or canopies that block summer shade, but that allow winter sun, from penetrating south facing windows. (Impact 4.3-1) MM4.13-23 Use Energy Efficient Roofing Materials. All roofing materials used in commercial/retail buildings at the Mixed -Use Retail Development shall be Energy Star® certified. All roof products shall also be certified to meet American Society for Testing and Materials (ASTM) high emissivity requirements. (Impact 4.3-1) MM4.13-24 All commercial/industrial projects shall, where feasible, include up to 10% renewable energy sources within the project. (Impact 4.3-1) ouncil 21 — 530 MM4.13-1 through MM4.13-24 would also apply to this impact. (Impact 4.3-2) Project Analysis and Conclusion The City determined that long-term development related to localized air quality impacts from operational emissions (Impact 4.13-1) and operational emissions due to the size of the TZC area with the potential to conflict with AB 32 (Impact 4.13-2) were found to be significant and unavoidable and that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, no additional feasible mitigation measures exist that would avoid or substantially reduce these impacts. Any future development within the TZC area requiring discretionary action would continue to be subject to a project -level CEQA review at the time an application is filed for an individual project Mitigation measures MM 4.13-1 through MM4.13.24 would continue to apply. The new regulations in Table 1 — Current and Proposed Text Regulations would provide that no land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere and that uses, activities, and processes shall not operate in a manner that emits dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. This will result in a beneficial impact to climate change/greenhouse gas emissions. Therefore, the existing significant and unavoidable global climate change impacts would not result in new or different impacts requiring the preparation of a subsequent or supplemental EIR. 5.14 MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? c. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? As detailed herein, on the basis of substantial evidence in the light of the whole record, a Subsequent or Supplemental EIR is not appropriate for the project because none of the criteria permitting such a document under State CEQA Guidelines section 15162 are met. Project implementation does not include nor require implementation of specific development projects. The majority of the City is urbanized, with residential and nonresidential development, and mobility and public facilities all contributing to Santa Ana's existing built environment. The proposed text amendments to SAMC Sections 41-2001, 41-2001.5, 41-2002, 41-2004, 41- 2005, 41-2006, 41-2008, 41-2009, and 41-2008 would merely update to clarify that the buncil 21 — 531 regulations apply to existing uses, further limit some rehabilitation of existing buildings and structures, clarify the effects of amendments to the TZC, further limit certain existing operations to ensure greater compatibility between residential and non-residential land uses, and to establish regulations for operation of any existing, legally established, nonconforming industrial uses. Section 41-2001.5 is updated to encompass new SAMC Section 21-2009, which establishes regulations for operation of any existing, legally established, nonconforming industrial use. Section 41-2004 deletes the Overlay I-OZ zone from the text and map. Implementation of these SAMC amendments would not require implementation of any specific developments or direct physical changes to the environment, and therefore would not be in conflict with the GPU and no intensification of land uses would result. The City of Santa Ana, which includes the TZC area, is not within a NCCP/HCP area, and therefore would not conflict with an adopted NCCP/HCP plan. No direct or indirect substantial adverse effects on human beings would occur. 5.15 CONCLUSION This project proposes amendments to the Transit Zoning Code (SD-84) by way of ZOA No. 2024-02 and AA No. 2024-03. These proposed amendments would modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization process; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. Refer to Section 3.0 — Description of the Proposed Project. This project would not result in new or more severe environmental impacts than previously addressed in the TZC FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts have been identified because the project basically limits industrial uses and would not lead to the expansion or intensification of new, expanded or more intensive uses. Therefore, there will be no new or more severe impacts as the result of the implementation of this project, beyond the impacts that have already been analyzed in the TZC FEIR. In taking action on any of the approvals, the decision -making body of the lead agency must consider the whole of the data presented in the TZC FEIR. As outlined in this Addendum analysis, all impacts of the project were fully examined in the TZC FEIR, and the proposed changes do not require substantial changes to the prior -certified EIR or previously adopted mitigation measures. Therefore, the preparation of an Addendum to the existing certified EIR is the appropriate CEQA document to support the City's consideration of the project, as outlined in CEQA Guidelines Sections 15162 and 15164. ouncil 21 — 532 Exhibit 6: February 24, 2025 Planning Commission Staff Report (without attachments) Planning and Building Agency www.santa-ana.org/pb Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report February 24, 2025 Topic: Resolution to make findings and adopt Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024- 03 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) addressing industrial land uses, nonconformities, and operating standards, and amending the City of Santa Ana Zoning Map to remove the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 district boundary. RECOMMENDED ACTIONS Recommend that the Planning Commission recommend that the City Council: 1) Adopt a resolution to make findings pursuant to Public Resources Code Section 21166 and to adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100). Pursuant to the California Environment Quality Act (CEQA), and based on independent review and analysis, and the administrative record as a whole, that, in exercising its independent judgement, amend TZC SD-84 Final EIR with an addendum that the City Council find that pursuant to CEQA Guidelines Section 15162, no subsequent Environmental Impact Report (EIR) is required for the adoption of the proposed Ordinances; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR was accordingly prepared. 2) Adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD-84)) of Chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the zoning district; modifying the authorized land uses and permit types; establishing revised non -conforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and non -conforming uses. 3) Adopt an ordinance to approve Amendment Application (AA) No. 2024-03 amending the zoning by removing the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map. Planning Commission 1 — 131 3/6/2025 City Council 21 — 533 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 2 EXECUTIVE SUMMARY On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the SD- 84 Zoning District. 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. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Based upon this City Council direction, and the research and analysis of the issues herein, staff has prepared Ordinances amending certain sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District. The first Ordinance proposes amendments that would modify the list of land uses and permit types, including the deletion of industrial land uses; amend nonconforming regulations, including the addition of an amortization process/termination of use process; amend and add operational standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps. The second Ordinance deletes the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as designated on the City of Santa Ana Zoning Map. DISCUSSION The Transit Zoning Code/Specific Development No. 84 The Specific Development (SD) 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 as established residential communities. The TZC is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (1-5) Freeway. Prior to the implementation of the TZC, the area consisted of a wide range of civic, commercial, industrial, and residential land uses regulated by varying zoning districts. In June 2010, the City Council adopted Ordinance No. NS-2804, creating the TZC, which purpose was to establish a transit -supportive, pedestrian -oriented development framework to support the addition of new transit infrastructure; preserve and reinforce the Planning Commission 1 — 132 3/6/2025 City Council 21 — 534 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 3 existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures. In July 2019, the City Council adopted Ordinance No. NS-2970, amending the TZC to modify certain design criteria regulating height, massing, open space location, driveway standards, lot dimensions, and parking alternatives. The amendment did not include changes to land uses or permit types within the TZC. When originally adopted, the TZC provided new zoning for all properties contained within its boundary. However, some properties with existing M1 and M2 zoning and/or exiting industrial businesses, also received an overlay district designation which allowed for the continuation of industrial land uses on those properties. The development of mixed -use on these properties consistent with the new zoning they received as part of the TZC adoption is 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. However, due to the continued application of the industrial overlay zones within the TZC, the implementation of the new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts with the new General Plan. Since establishment of the TZC, and specifically in the Logan and Lacy neighborhoods, industrial uses have remained, changed ownership, undergone expansions or intensifications, and have continued to create 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 to the new General Plan land use designations. Historically Disadvantaged Communities and Senate Bill (SB) 1000 Prior to the adoption of the TZC, the City permitted industrial uses within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools. The Logan neighborhood represents one of Orange County's oldest barrios, established as early as 1886, and was one of the few areas where Mexicans and those of Mexican descent could purchase land due to racially restrictive covenants during the first half of the 20t" century. Further, as a neighborhood, the area was established before the modern practice of separating or regulating impactful land uses, also known as zoning. The Logan neighborhood itself was largely settled by 1900, before the practice of zoning was enshrined by Village of Euclid v. Ambler Realty Co. in 1926. By that time, the neighborhood contained a mix of residential, industrial, commercial, and related land uses, in some cases side -by -side, with issues further exacerbated by rail lines, fuel storage depots, and the construction of the Santa Ana Freeway (1-5) between 1947 and 1956. Planning Commission 1 — 133 3/6/2025 City Council 21 — 535 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 4 Comprehensive data analysis and mapping tools generated by the Office of Environmental Health Hazard Assessment (OEHHA) and California Environmental Protection Agency (CaIEPA), the Center for Diseases Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR), the United States Environmental Protection Agency (EPA), and California Healthy Places Index (HPI) reveal concerning information regarding environmental conditions impacting residents in the Logan and Lacy neighborhoods. Recent CalEnviroScreen 4.0 data confirms that these neighborhoods rank at 90 percent or above among California's most pollution -burdened communities, with Environmental Justice (EJ) maps showing higher exposure to Particulate Matter (PM) 2.5, Air Toxics Cancer Risk, Hazardous Waste Proximity, Diesel Particulate Matter, and Toxic Releases to Air. This information is included as Exhibit 4 to this staff report. These multiple sources of environmental exposure and pollution burden communities of color, including the Logan and Lacy neighborhoods, present an alarming set of challenges that affect residents' quality of life and life expectancy with continued heavy industrial uses nearby. Senate Bill (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 to proactively plan for and address environmental concerns when developing and updating components of the General Plan. The City and community worked to ensure that the new General Plan included SB 1000 requirements of addressing EJ 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. Of note, the City's 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. Environmental Justice/Disadvantaged Communities (DACs) Profile: Logan and Lacy Neighborhood Impacts 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 near communities of color. The Logan and Lacy neighborhoods have a population of 5,907 within 1,564 households, a median household income of $56,864, average household size of nearly four persons, median age 27 years, and per -capita income of $23,495. Seventy-four percent are renter - occupied units based on demographic forecasts for 2023. Nearly 25 percent of the population is under 14 years of age and 14 percent are 55 years of age and older. Nearly three percent of the population attended up to 12t" grade with no diploma, over 31 percent Planning Commission 1 — 134 3/6/2025 City Council 21 — 536 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 5 are high school graduates, and nearly 97 percent of the working population over 16 years of age are employed.' These data illustrate 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 percent or greater, ranking in the 90t" 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. Code Enforcement and Immediate On -going Issues In the Logan and Lacy neighborhoods within the TZC, the Code Enforcement Division has investigated over 35 commercial and industrial properties in the past 12 months and currently has 16 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 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 voiced and emailed 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. Specifically, a fire incident at a crematory located in the neighborhood alarmed neighbors at 9:18 p.m. on August 29, 2023. Residents shared with City officials' video of high flames escaping the stack on the rooftop, screeching noise that continued nonstop for ten minutes, and what was described as a foul odor attributed to the fire. As City staff 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. On August 9, 2024, the City received a complaint with photos of 1 ESRI Community Analyst summary data, which utilizes U.S. Census Bureau sources (2017-2021 American Community Survey & 2020 Decennial Census Data), enhanced by ESRI's forecasts and aggregations, covering demographics like population, income, age, and employment. Planning Commission 1 — 135 3/6/2025 City Council 21 — 537 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 6 the the same crematory in which the complainant observed bodies stored in a container outside the facility. A City code enforcement inspector issued an abatement notice that same day; the bodies and container were removed and the case was closed on August 13, 2024 by code enforcement staff. 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. Staff encountered difficulty in achieving desired enforcement outcomes with external regulatory 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) with several heavy industrial business operators in the TZC. This is supported through internal correspondence and phone conversations with staff from these agencies to understand their investigation and compliance processes. To address issues of industrial operators, including recycling and waste processing facilities near schools and residential areas, the City adopted new regulations such as a Noxious Uses Ordinance (Ordinance No. NS- 3044, adopted June 20, 2023) to include 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, 15 properties (six commercial, three office, and six industrial businesses) sold. Three of those businesses (800-808 E. Washington Avenue, 1045 N. Fuller Street, and 923 N. Logan Street) are located in the Logan neighborhood. Currently, multi -tenant industrial and manufacturing warehouse spaces on the market for lease located in the TZC. Recent City Council Actions and Direction to Address TZC Land Use Conflicts On April 16, 2024, the City Council adopted a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the TZC through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the TZC. 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 mnratnd- im Planning Commission 1 — 136 3/6/2025 City Council 21 — 538 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 7 On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. As part of its approval, the City Council expressed a desire for City staff to begin evaluating permanent solutions to the irreconcilable land use conflicts in the TZC area in as timely a manner as possible, which resulted in immediate evaluation of the zoning code text and map amendments consistent with direction provided for City Council consideration as part of this request. Review of City Department Activities Immediately following the adoption of the Moratorium, City staff conducted an interagency meeting that included representatives from multiple City departments: the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Additionally, engagement with additional agencies such as the Santa Ana Police Department (SAPD), Public Works Agency, and the Community Development Agency's Economic Development Division has produced critical information illustrating the extent to which industrial activities interface 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 application of the moratorium affects approximately 127 industrial businesses in the TZC. All businesses must obtain appropriate permits before operating: commercial locations require a Certificate of Occupancy from the Planning Department, while residential -based operations need a Home Occupation Permit. Of the affected businesses, approximately three have active applications for permits, primarily seeking to legalize unpermitted work on industrial properties. City staff reviewed public safety data from SAPD and OCFA to assess community concerns regarding emergency responses in the TZC. SAPD records show a total of 18,736 calls for service between March 2023 and July 2024, with 226 of those occurring between April and July 2024 within the Logan and Lacy neighborhoods. These calls encompassed a wide range of incidents, including patrol checks, disturbances, and traffic - related issues. Notably, 1,909 calls involved collisions, vehicle impoundments, domestic violence, and SAMC violations. OCFA data from 2022 to August 2024 indicates 238 calls for advanced life support emergencies. In 2022, 29 calls were related to respiratory issues, chest pain, and cardiac arrest, with a subsequent 7-percent increase in health - related calls in 2023. While the data reflects a broad spectrum of emergency responses, the concentration of industrial businesses in the TZC raises the possibility that some of these calls, particularly those related to respiratory issues and traffic incidents, may be influenced by industrial operations. Further analysis is needed to determine the specific correlation between industrial activity and public safety concerns in the area. Planning Commission 1 — 137 3/6/2025 City Council 21 — 539 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 8 OCFA data for 2024 reported 312 service calls in the Logan and Lacy neighborhoods. A substantial majority, exceeding 250, were EMS -related, indicating a high demand for emergency medical services. Other incidents included traffic and pedestrian accidents, fire responses (including unauthorized burning and a brush fire), and alarm activations. Some calls were cancelled or resulted in 'no incident found,' suggesting potential areas for improved dispatch accuracy. The volume and variety of these calls highlight the impact of the area's mixed land use, where dense residential areas, commercial activity, and industrial operations contribute to a wide range of emergency response needs. Currently, City staff have an internal process established which tracks and monitors incoming notice of compliance and notice of violations given to a particular business/operator. City Code Enforcement activities and implementation of the City's Noxious Uses Ordinance continue being monitored at these facilities. Code Enforcement staff data reports show enforcement activity beyond the Logan and Lacy neighborhoods within the TZC, where at the time of adoption of the moratorium, 16 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. 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. Currently, 21 open code enforcement violations or compliance reviews from industrial businesses are recorded with the City of Santa Ana, underscoring the need for close monitoring within the TZC area. The profile highlights the critical role of regulatory agencies in overseeing these businesses to mitigate potential environmental and public health risks. Review of Records and Activities of External Agencies Data from outside regulatory agencies 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. On April 25, 2024, City staff initiated public records requests from outside regulatory agencies, such as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional Water Quality Control Board (SARWQCB), the Department of Toxic Substances Control (DTSC), and others responsible for issuing specific types of permits for industrial uses in the TZC. Such agencies are responsible for permit issuance, compliance activities, CouncilCity 415/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 9 and/or monitoring hazardous clean-up sites, or other industrial facility -related activities for sites located within the TZC. The City has responses to its Public Records Act request from SCAQMD, the Santa Ana Regional Water Quality Control Board (SARWQB), and the Orange County Environmental Health Division Certified Unified Program Agency (CUPA). Records show SCAQMD issued two notices to comply with one industrial business on August 2023 and April 2024 for failure to maintain records, such as temperature graphs, poundage logs, and source test data. SCAQMD issued several permits to construct and to operate to the new operator of this same facility, which is currently in compliance with SCAQMD. Two notices of violation to one industrial business for operating a paint spray booth without a valid permit to operate from SCAQMD. The report from the SARWQCB from 2023 shows five (5) active industrial businesses in the TZC that were in violation of their permit for providing a late report or incomplete and/or insufficient information for their Stormwater Pollution Prevention Plan (SPPP). Public records from the Certified Unified Program Agency (CUPA) for Orange County, spanning 2022-2024, reveal a pattern of non-compliance with environmental and hazardous materials regulations among industrial businesses within the TZC. While some 2023 violations related to Hazardous Material Business Plan staff training and reporting were later corrected, current records indicate four businesses still have multiple open violations. These ongoing issues include non-compliance with documentation for hazardous waste transportation and disposal, as well as deficiencies in industrial stormwater reporting requirements. Notably, records from 2022-2024 show repeated failures to submit required stormwater reports and deficiencies in hazardous waste management and emergency response planning, including missing documentation and training. These violations highlight potential risks to public health and the environment. The proposed amendments for the TZC aim to strengthen the City's land use regulatory oversight, providing a necessary tool to address these deficiencies and safeguard the health, safety, and welfare of the TZC community. Air emission complaints continue to be reported to SCAQMD. These complaints included one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. 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 SCAQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust). Therefore, although community members continue to share concerns with City and SCAQMD staff, 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, is ineffective in addressing the immediate needs of the community. Planning Commission 1 — 139 3/6/2025 City Council 21 — 541 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 10 Public Outreach Following City Council's extension of the SD-84 TZC Moratorium on May 21, 2024, the Planning and Building Agency has been developing proposed regulations for the TZC district, encompassing the Downtown, Lacy, and Logan neighborhoods. This effort includes updates to permitted uses (including the removal of industrial uses), operational standards, non -conforming use regulations (including a new amortization process), and reflects ongoing input from affected business owners, residents, community stakeholders, and industrial/commercial brokers gathered since July 2024, including a Community Information Meeting on October 22, 2024, and culminating in a series of meetings through February 20, 2025. The draft amendments to the TZC were released to the public on January 15, 2025, and were made available on the City's Moratorium webpage. These amendments address the permitted uses table, nonconforming regulations, amortization, and operational standards, and are designed to prepare for the TZC Moratorium's expiration on April 15, 2025. Staff met with business owners and brokers on January 30, 2025, to discuss the draft regulations and met with the Lacy and Logan neighborhoods meeting on February 19, 2025, and again with a focus group of industrial businesses on February 20, 2025. Staff have continued to update the TZC (SD-84) Moratorium project webpage with additional updates, including the Study Session and Public Hearing Notice and recent Planning Commission's Study Session PowerPoint presentation. City staff have also prepared two Frequently Asked Questions (FAQ) documents to clarify information regarding the Moratorium, affected businesses, the proposed zoning amendments, legal concerns, community engagement, and opportunities to participate in the public hearing process. The first FAQ became available prior to the City's project informational meeting on October 22, 2024, and the second FAQ is included with this staff report (Exhibit 5). Current Code and Proposed Amendments to Text, Figures and Maps Based upon the City Council's actions and direction enacting the moratorium combined with the research and analysis of the issues herein, staff has prepared the proposed zoning ordinance (ZOA No. 2024-02) and zoning map (AA No. 2024-03) amendments. The proposed amendments would modify the list of land uses and permit types including the deletion of industrial land uses; amend nonconforming regulations including the addition of an amortization/termination of use process; amend and add operational standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC boundary as designated on the City of Santa Ana Zoning Map. Planning Commission 1 — 140 3/6/2025 City Council 21 — 542 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 11 Table 1: ZOA No. 2024-02 Current and Proposed Text Regulations Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Application of Article SAMC Section 41-2001 establishes the The update to text of this Section land uses and standards applicable to clarifies that the regulations apply to the TZC - primarily for new uses. existing uses, whether conforming or nonconforming, change in land use or tenancy requiring issuance of Certificate of Occupancy. Organization SAMC Section 41-2001.5 establishes The update to the text is necessary to the contents and organization of the encompass the new Section 41-2009 TZC regulations (Operational Standards for Nonconforming Industrial Uses). Nonconforming SAMC Section 41-2002 establishes the The update to text of this Section will Buildings, Structures regulations for nonconforming further limit some rehabilitation of and Uses buildings, structures or uses within the buildings and structures, with specific TZC boundary. The provisions contain emphasis on nonconforming industrial minimal limits for rehabilitation of uses. These updated provisions include: buildings and structures and their Requiring rehabilitation or expansion expansion for both residential and non- of buildings and structures, occupied residential uses. by any nonconforming use to comply with the new operational standards contained in Section 41-2009. • Prohibits expansion of a building or structure occupied by a nonconforming industrial use. • Discontinuation of nonconforming noxious uses through amortization. • Elimination of certain nonconforming uses and structures • Establishes a process for enacting amortization periods for eliminating certain nonconforming uses. • References to SAMC and State law for abatement of public nuisances. • Establishes authority for voluntary compliance agreements between the City and nonconforming uses. The Industrial SAMC Section 41-2004 establishes an Section 41-2004 is deleted in its entirety, Overlay (I-OZ) Zone overlay zone applied to M1 and M2 removing the I-OZ Zone from the TZC to zoned properties located within the eliminate industrial land use type zoning TZC boundary. altogether. Application for SAMC Section 41-2005 establishes the Section 41-2005 is renumbered as 41- Discretionary process and timing of vesting for 2004, and the update to the text of this Approvals certain uses approved with a Section adds clarification for effects of discretionary permit. the amendments to the TZC dependent upon status of an application in the City process of review, approval, and/or building permit issuance, if required. City Council 21 — 543 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 12 Code Section Title Existing Zoning Code Regulations Proposed Zoning Code Regulations Zones Established SAMC Section 41-2006 contains the The update to the text of this Section regulations for zoning districts, land deletes the I-OZ Zone, including uses, and permit types within the TZC. replacing Figure 2.1, the Regulating Plan (map) with a new Figure 2.1 removing the I-OZ Zone designation from all parcels within the TZC boundary. Uses Permitted SAMC Section 41-2007 provides the The update to the text of this Section allowable land uses and permit types clarifies application of the use standards required to establish a land use by by zoning district as follows: each zoning district within the TZC. • Modifies Table 2A containing the Use Standards by adding and reclassifying certain land use types appropriate to the TZC land use subcategories • Deletes certain land use types that are inconsistent with the intent and purpose of the TZC, including the deletion of the Small -Scale Industry land use subcategory in its entirety. Operational SAMC Section 41-2008 primarily The update to the text of this Section Standards regulates new uses within the TZC. further limits certain operations to ensure greater compatibility between residential and non-residential land uses. Operational SAMC Section 41-2009 is an entirely The new Section establishes regulations Standards for new set of regulations specific to for operation of any existing, legally Nonconforming existing nonconforming industrial uses established, nonconforming industrial Industrial Uses within the TZC. use. The regulations cover general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. Definitions SAMC Section 41-2080 contains the The update to the text of this Section definitions applicable to terms and land provides clarification for certain land use uses of the TZC. types (artisan/craft product with limited on -site production, commercial recreation facility — indoor, and research and development), adds definitions for land use types (automobile repair, automobile service, business support services, craft and specialized automotive restoration service, pet day care facility and trade school), and deletes corresponding definitions for land use types that were deleted as part of the amendments to SAMC Section 41- 2006. City Council 21 — 544 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 13 Analvsis of the Issues The proposed amendments to the Sections of the TZC under the topic headings of Application of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to ensure internal consistency related to the more substantive changes being proposed for the TZC to address irreconcilable land use conflicts, described as follows: • Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming building, structure or use specifically within the TZC. The regulations are unique to the TZC and do not apply citywide. The regulations determine under certain circumstances when a nonconforming structure or use can rehabilitate both structural or nonstructural; or expand conditions that would allow expansion. Due to the concerns enumerated within this report related to nonconforming industrial uses within the TZC, the amendments to this section increasingly limit rehabilitation of structures to those types of improvements that address compliance with the new Section 41-2009 operational standards for nonconforming industrial uses; and disallow the expansion of any nonconforming industrial use. This Section also includes new provisions to establish a process for the discontinuance of nonconforming uses, specifically noxious uses, and the elimination of those uses or structures through an amortization hearing process. The tools that these new regulations provide are necessary to address the environmental impacts that lead to the adoption of the Moratorium, provide the framework to initiate the process to eliminate noxious industrial land uses from the TZC, and align with the adopted EJ policies of the General Plan. • The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for properties within the TZC that had already contained M1 or M2 industrial zoning, uses and structures, when the TZC was adopted in 2010. In order to be both consistent and to promulgate the new General Plan land use designations within the TZC, the removal of this overlay zone is necessary. The zone currently gives deference to the property owner of these parcels with an industrial overlay to decide when and whether to redevelop their properties in a manner that would remove the industrial structure and use, replacing it with an allowable use and conforming to the design standards of the TZC. Eliminating the I-OZ Zone will cause these properties to become nonconforming as to use and structure, subjecting them to the regulations as amended and added to Section 41-2002, including discontinuance of nonconforming use or structure though amortization. With the deletion of the entirety of the text of Section 41-2004, Section 41-2005 Application for Discretionary Approvals is renumbered as Section 41-2004. • Zones Established and Uses Permitted — Amendments to Sections 41-2006 and 41- 2007, respectively, include parallel deletion of the I-OZ Zone affecting the Regulating Plan (TZC zoning map) and the corresponding Use Standards tables regulating the land use and permit types for each of the remaining zones of the TZC. Table 2A categorizes land uses into broad subheadings for both residential and nonresidential rl i icoc IQQ AnnroROdQ Atiol '@Ad 1 icoc oro fi i14hor GQPAPAQP ial- City Council 21 — 545 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 14 oriented versus industrial -oriented types of uses. The amendments will eliminate the Small -Scale Industry sub -category altogether, since the majority of these uses are industrial uses incompatible with residential uses. The purpose of the TZC is to promote transit -oriented mixed -use development, which pairs residential and nonresidential land uses either horizontally or vertically on a site or within a building. Compatibility of allowable land use types is critical, particularly given the history of the negative impacts from industrial uses remaining in the area and in close proximity to existing and new residential areas. Amending this Section also replaces the TZC zoning map figure to ensure consistency with the City's Official Zoning Map and General Plan Land Use Map in accordance with requirements of State law, Government Code Section 65860. • Operational Standards and Operational Standards for Nonconforming Industrial Uses — Section 41-2008 contains operational standards applicable to all uses within the TZC boundary. This Section is largely unchanged, with clarification and strengthening of certain regulations to address any possible industrial type function of an allowable land use type as listed in the tables of Section 41-2007. These amendments affected any possible manufacturing related activities, sound, screening walls and eliminated any vehicular service on Sundays. Section 41-2009 establishes new regulations governing existing industrial uses made nonconforming with the removal of the I-OZ Zone within the TZC, and include general standards, enclosed operations, air emissions and dust, light, glare, and heat, ground vibration, outdoor storage and screening, hazardous materials, liquid and solid waste, site maintenance, truck parking and loading, and hours of operation. The amendments to Section 41-2008 and creation of new regulations under Section 41-2009 ensure that existing nonconforming uses comply with very specific operational standards and/or face amortization that leads ultimately to discontinuance of use, effectively reestablishing the TZC area with residential uses and allowing certain nonresidential uses compatible to such residential and/or mixed -use development. Profile of Industrial Businesses Affected with Proposed Regulations The SD-84 Transit Zoning Code (TZC) area is characterized by a diverse mix of approximately 127 industrial businesses. These businesses range from automotive services (the most common industry type) and manufacturing to warehousing and recycling centers. Data compiled from city and external regulatory agencies, including CaIEPA, SCAQMD, and CERS, reveal that these businesses operate under various permits related to hazardous materials, air quality, and water quality. Key business characteristics include the storage and use of hazardous materials such as motor oil, solvents, and various chemicals, as well as the operation of equipment like emergency generators and internal combustion engines. Notably, several businesses, particularly those engaged in manufacturing (spray booths, metal processing) and chemical storage, handle substances like xylene, resins, mineral oils, and acids, posing potential risks related to air and water contamination, as well as fire and health hazards. Heavier industrial oppratnrc cm irh as open air rer. /rling and cnrting farilitiec in the T7(', haves heen creating a City Council 21 — 546 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 15 range of issues in the neighborhood. Issues range from: 1) air pollution — dust and participate matter from the sorting process that can become airborne, leading to respiratory problems and reduced air quality, VOCs released from decomposing materials, and odors; 2) water pollution from stormwater runoff that can carry contaminants, including debris, chemicals, or bacteria, from a facility to nearby waterways; 3) noise pollution from heavy machinery, trucks, and sorting equipment generating noise; 4) visual blight from the constant movement of trucks and equipment and from the piles of trash, debris, and recycling materials that detract from the aesthetic appeal of the community. The secondary effects affect residents' quality of life with increased traffic hazards and living next to these heavier industrial uses and the risks being exposed to these issues on a daily basis. General Plan Consistency The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan, as required by Government Code Section 65860, by timely addressing current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be inconsistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM- 3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by: • Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; • Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse; • Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses; • Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources; • Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I-OZ zone and associated industrial land use types from the list of allowable land uses within the City Council 21 — 547 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 16 • Developing and adopting new regulations to address facilities that emit increased pollution new sensitive receptors within EJ area boundaries, which includes areas of the TZC; • Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and • Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area. Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization: LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City's zoning regulations align with the General Plan's goals and policies. Update the Metro East Mixed -Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan. LU3.3 - 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. CN1.4 - 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. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas. CN1.11 - 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. HE5.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code 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. HE44.A — Fair Housing. Ensure all City programs and activities relating to housing and community development are administered in a manner that affirmatively furthers fair housing. CouncilCity 4:5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 17 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. The proposed Transit Zoning Code amendments align with both the General Plan's EJ policies and the original land use designations applicable to the area since the adoption of the Transit Zoning Code in 2010. ENVIRONMENTAL IMPACT The California Environmental Quality Act (CEQA) requires public agencies and local governments to measure the environmental impacts of development projects or other major land use decisions, and to limit or avoid those impacts if possible. CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. d) The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Additionally, CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified City Council 21 — 549 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 18 (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. ZOA No. 2024-02 and AA No. 2024-03 are considered a project as defined by the CEQA. The City, as the Lead Agency, has determined that it is subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). An Addendum to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) has been prepared by the City. Based on its independent review and analysis, and the administrative record as a whole, and, in the exercising its independent judgement, hereby finds that pursuant to CEQA Guidelines Section 15162, no subsequent EIR would be required for the proposed project; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR is required for the adoption of the Ordinances. Specifically, pursuant to CEQA Guidelines Section 15162, the City finds on the basis of substantial evidence in light of the whole record, that: (1) no substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: (A) the project will have one or more significant effects not discussed in the EIR; (B) significant effect previously examined will be substantially more severe than shown in the FIR- (C) City Council 21 — 550 5/6/2025 ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) February 24, 2025 Page 19 mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternative which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Additionally, as detailed in the General Plan Consistency subsection of this report, the proposed Ordinances are consistent with numerous General Plan goals and policies that were evaluated as part of the General Plan Update Program EIR. The proposed Ordinances also satisfy and further implementation actions of the General Plan Update. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution of the City Council and Addendum to the TZC EIR 2. Ordinance for Zoning Ordinance Amendment (ZOA) No. 2024-02 3. Ordinance for Amendment Application (AA) No. 2024-03 4. Environmental Health Data and Reports 5. Frequently Asked Questions (FAQ) 6. City Council Staff Report and Exhibits for the Adopted TZC Moratorium 7. Copy of Public Hearing Notice Submitted By: Margarita Macedonio, Principal Planner Approved By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency Planning Commission 1 — 149 3/6/2025 City Council 21 — 551 5/6/2025 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Mailing Address: 915 E 1ST ST, LOS ANGELES, CA 90012 Telephone (213) 229-5300 / Fax (213) 229-5481 Visit us @ WWW.LEGALADSTORE.COM NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description: SD-84 To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REGISTER. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. 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Call your local BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 CNS 3891625 NOTICE OF STUDY SESSION PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is provided consistent with applicable State and local law, in addition to being provided to those persons who have expressed an interest in the proposed action. We encourage those with questions or comments to contact us prior to either or both the Study Session and/or Public Hearing. Please be advised that the City wi II hold a Study Session concerning the following, more fully described below: Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) during the re ular meeting of the Planning Commission on the following date and time: Study Session Date: Monday, February 10, 2025 Time: 5:30 PM Further, NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Santa Ana will hold a public hearing to receive public testimony and take action on Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning). Public Hearing Date: Monday, February 24, 2025 Time: 5:30 PM Project Location : The area within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, as depicted in the attached map. Project Applicant. City of Santa Ana Proposed Project: Planning Commission recommendation that the City Council adopt Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) of the Santa Ana Municipal Code and to amend the City's Zoning Map. The proposed amendments include removal of industrial uses from the permitted uses table, updates to the nonconforming regulations, a new amortization process, and new operational standards applicable to businesses within the zoning district. ItI:• 1 I II II ■II 11�1 III■ I III 111�1 I I-YnA 1jL91Ar-ftV1r1dM1 0 7 0 1 2 8 021 —552 5/6/2022 the Light Industrial (Ml) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 zoning district, as shown on the City's Zoning Map. Environmental I mpact: I n accordance with CEQA and the CEQA Guidelines, an addendum has been prepared to the City of Santa Ana's Transit Zoning Code (SD-84) Environmental Impact Report (E I R) to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this proiect is within the scope of the Transit Zoning Code (SD-84) EIR No. 2006- 02, State Clearinghouse (SCH) No. 2006071100, certified by the City of Santa Ana on June 7, 2010. The Transit Zoning Code (SD-84) EIR fully analyzed the potential impacts associated with the proposed code amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. Meeting Details: This matter will be heard in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or ioin via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit htfps://www.santa- ana.org/planning-and-building- meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa- ana.org (reference the Agenda Item # in the subiect line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any proiect questions, please contact Principal Community Planner Margarita Macedonio with the Planning Division by phone at (714) 667-2288 or by email at MMacedonio@santa- ana.org. Note: If you challenge the decision on the above matter, 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 Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Nucnli6nIcbngtingVit,xin i n tho i cho Kristie Ha (714) 667- 2206. 1/31/25 C N S-3891625# ORANGE COUNTY REGISTER City Council 21 — 553 5/6/2025 ' 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 STUDY SESSION PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is provided consistent with applicable State and local law, in addition to being provided to those persons who have expressed an interest in the proposed action. We encourage those with questions or comments to contact us prior to either or both the Study Session and/or Public Hearing. Please be advised that the City will hold a Study Session concerning the following, more fully described below: Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) during the regular meeting of the Planning Commission on the following date and time: Study Session Date: Monday, February 10, 2025 Time: 5:30 PM Further, NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Santa Ana will hold a public hearing to receive public testimony and take action on Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning). Public Hearing Date: Monday, February 24, 2025 Time: 5:30 PM Project Location: The area within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, as depicted in the attached map. Project Applicant: City of Santa Ana Proposed Project: Planning Commission recommendation that the City Council adopt Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) of the Santa Ana Municipal Code and to amend the City's Zoning Map. The proposed amendments include removal of industrial uses from the permitted uses table, updates to the nonconforming regulations, a new amortization process, and new operational standards applicable to businesses within the zoning district. The proposal also includes removing the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 zoning district, as shown on the City's Zoning Map. Environmental Impact: In accordance with CEQA and the CEQA Guidelines, an addendum has been prepared to the City of Santa Ana's Transit Zoning Code (SD-84) Environmental Impact Report (EIR) to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this project is y0thrmtbg Gmmigfsthe Transit Zoning Code (BO=fM EIR No. 2006-02, SJV&2Q ringhouse City Council 21 — 554 5/6/2025 (SCH) No. 2006071100, certified by the City of Santa Ana on June 7, 2010. The Transit Zoning Code (SD-84) EIR fully analyzed the potential impacts associated with the proposed code amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. Meeting Details: This matter will be heard in the City Council Chambers, 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/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a)_santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https:Hsanta-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact Principal Community Planner Margarita Macedonio with the Planning Division by phone at (714) 667-2288 or by email at MMacedon io(a�santa-ana.org. Note: If you challenge the decision on the above matter, 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 Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Neu can lien lac bang tieng Viet, An dien thoai cho Kristie Ha (714) 667-2206. City of Santa Ana Transit Zoning Code Area Area Planning Commi.. i 7M"� 1 — 153 3/6/2025 City Council 21 — 555 5/6/2025 Exhibit 8 - City Council Staff Report and Exhibits for the Adopted TZC Moratorium 28. 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. Department(s): Recommended Action: 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 SANTAANA EXTENDING 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. City Council 21 — 556 5/6/2025 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 City Council 21 — 557 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 2 City Council 21 — 558 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 3 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. City Council 21 — 559 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 4 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. City Council 21 — 560 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 5 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. City Council 21 — 561 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 6 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 City Council 21 — 562 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 7 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 CaIEPA 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, City Council 21 — 563 5/6/2025 Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024 Page 8 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 Nunez, Acting City Manager City Council 21 — 564 5/6/2025 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 - City Council 21 — 565 5/6 f 11 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; and • 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 -XXXX City Council 21 — 566 5/6 f 11 • 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 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 • 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 - City Council 21 — 567 5/6 f 11 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 (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 • 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 -XXXX City Council 21 — 568 5/6 2 f 11 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 - City Council 21 — 569 5/6 f 11 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, 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 • 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 -XXXX City Council 21 — 570 5/6 f 11 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 - City Council 21 — 571 5/6 f 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 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 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 -XXXX City Council 21 — 572 5/6 f 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 may 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 - City Council 21 — 573 5/6 f 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 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 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:LLM0- Laura A. Rossini Chief Assistant City Attorney Ordinance No. NS -XXXX City Council 21 — 574 0 f 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 Ordinance No. NS - City Council 21 — 575 0 f 11 Exhibit A 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 City Council 21 — 576 5/6/2025 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 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. City Council 21 — 577 5/6/2025 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 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 City Council 21 — 578 5/6/2025 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 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, lacofano, 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 CaIEPA 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. City Council 21 — 579 5/6/2025 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 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. 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 Nunez, Acting City Manager City Council 21 — 580 5/6/2025 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 191h century, predating modern Ordinance No. N5 - 3063 8 City Council 21 — 581 5/ / of 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 Pale uncil 21 — 582 5/6/2025 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 201h 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 901h 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. NS - 3063 City Council 21 — 583 5/6'/Ml 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 Patti uncil 21 — 584 5/6/2025 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 City Council 21 — 585 50MM 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 (4/6) 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 Pad uncil 21 — 586 5/6/2025 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: 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 City Council 21 — 587 5/6/ 0 s 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: ennifer . Hall C i �C—I rk City of Santa Ordinance No. NS - 3063 Pam ;uncil 21 — 588 5/6/2025 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 SANTAANA 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. City Council 21 — 589 5/6/2025 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 484308 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 City Council 21 — 590 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 2 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 (1-5) 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 City Council 21 — 591 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 3 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, 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. 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. City Council 21 — 592 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 4 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 20t" 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 (CaIEPA), 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 City Council 21 — 593 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 5 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 City Council 21 — 594 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 6 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 12tn 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 City Council 21 — 595 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 7 greater, ranking in the 90t" 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. City Council 21 — 596 5/6/2025 Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024 Page 8 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 Nunez, Acting City Manager City Council 21 — 597 5/6/2025 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 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 19t" century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and Ordinance No. NS - City Council 21 — 598 5/67MV 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 -XXXX City Council 21 — 599 5/67MV of 8 land due to restrictions and covenants based on race during the first half of the 201n 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 90t" 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 - City Council 21 — 600 5/676R 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 (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 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 -XXXX City Council 21 — 601 5/6/M.9 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 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 this ordinance, has found to be unacceptable; and Ordinance No. NS - City Council 21 — 602 5/6/NP 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 -XXXX City Council 21 — 603 5/6/MP 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 Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Ordinance No. NS - City Council 21 — 604 5/6/TdN 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 Ordinance No. NS -XXXX City Council 21 — 605 5/6/TdR of 8 EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps oesn- Lacy and - . 4, 4,4 .. 4 E A, ► n A,. •` � _ �J � CA U11he AV9 21.13: PORT UL- 7 a I: AVY. SAN`A AVA -20th s: I IAA N I: I' E 191 h 5[ W 13[h ;t L l F 1R1 114 ar prnll- Gt E1rYh yl E 1BIh Si 7 11I lam -t GRAND FRENCH gU h P. I.`- kYal\s� COURT E Wets - r'..• 0 AV* Y1ILLAR7 E WjL@hi wP;;t , ., � Y1A3LIRY PARK r LOGAN � # g r4 F °' g rrctlwL:i P AP V n e \.-.Q - `. a Ceder 7r O It s 5 Aia SS7,rta w Fi E Rir Sr �tiaA SAAflTA ANA nle Pxg rMh 41 1n'sll,st Ih rI LACY ShDDLEEW�:K V IFY'J U CAP TU'NN ,a � ,%ANTR AIIA E41h Si ,� a K N ]rd 5 E 7rd St -E 3rc 61 c_wc, S = aelrrrn R rr E 14! $1 i'iEl.Ir1�EI o 91"en ry �+ N � ydewt � C � E Walnul St a P_ ❑_ Q m 1 G �Iny 5t = Pi— 81 t !� lnirrrrncdi�lr ,.mte ,lne ffijh N n N _ u - m Schoa 5:tS4M At C-a aieul A— E [h.xtn i E Ch,IflRUt 4v4 IinMhl�� C N7rkl.Ot a<r--ra r SLh�41 O W Car 61l 31 14F7 N A G IZ S rialnn 3l W Elchrr Sr PARK A :� PACIFIC F 6t911np S: VC1M STr+ 3 i FARM �+ m T ❑ 500 rn v � `c � E Oiau. Sl a 1,C�(lOf. O mm T r�L WaYeharr Rr- City Council 21 — 607 5/6/2025 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. COMMUNITY SUMMARY Lacy and Logan Combined Area: 0.38 square miles 5,907 1.9s% 3.73 15,531-7 27.0 $698,232 1,546 33.2% 61.5% 5.3% Popula:on Population AverageHH Population dianAgv Median Total Me Total Growth Sao Densq Home Value Households Age �18 Age 18-64 Aga 65* 2023 Race and ethnicity (Esri) Age Profile: 5 Year Increments The largest gmupi Hispanic Origin (Any Race)(89.74) The smallest group: Pacific IslanderAlone (0.12) 85 85 Indicator a Value Riff 80.84 80-64 White Alone 16.37 -25.16 Females Black Alone 0,76 -0.94 75.79 75.79 tales American Indi-WAlaska Native 4 28 -3.06 70.74 70.74 Alone Asian Alone 2,69 -20.41 65-69 65-69 Pacific IslanderAlone 0.12 -0.16 60-64 60.64 Other Race 52.24 +34.45 T a yr Mnre R- 23,53 . 9.14 55.59 55.59 Hispanie Origin (Any Race) 99.74 -S4.55 50.50. 50.54 Bars show deviation from Orange County 45.49 45-49 40.44 40-4 3539 i 3539 Household Income 3034 30-34 30% 2S•29 , 25.29 20% 20.24 ' 20-24 10% 15.19 ' 15-19 0% 10-14 ' 10-14 18 14 10 6 2 2 6 10 14 18 soma: ma: iMogrwpt.ic contelna der. proHd� ny Esrl lzoza, z02aI,...Gs I2917.20211. Outs show comparison Orange County to Source: This infographic contains data p o. &d by Esn 12023. 2028), ACS {2017.20211. 32.9% 30.8% 5ervicer Blue Collar Home Ownership Own *Rent 11" 36.3% White Collar Housing: Year Built ax 80i ai A* lSx 0% 12x 9% 9x 19x 7x `^.. e1939 S 19.0. 9 0 1950.59 196049 • 1970.79 0 1984-69 1990-99 9 200049 2610-19 a 2020 Educational Attainment INCOME 13'X 2x dY 11% s0x 1� S 31'X, .V �• 21- $56,864 $23,495 $24,543 14% Median Per Capita Median Household Income filet Worth c 9N Gnd. 0 Neopl- Income ID HS D.pt.m. GED 0 S-C.l4g. • A- D.gn. Gr.d o.q... 0 2024 Earl City Council 21 - 608 5/6/2025 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. J Gard"n Grove- r �Bolas•Ave Bshop PI WFaften Ave w` la.kil A,e F.alil rdl . inri r l V. Farts co I- Sant,) Clara Ave 2 Elvis # Legend Marke[plec ;`i 171r Song _ e - CalEnviroScreen 4.0 Results Z College ,� f v Wilowick .. z>90-100 [Highest 5coresJ Golf Counq 2 Civic Cs n�•I•i '•� ;r, r7st ;v rn r Santa a ' Leo 90 'A' sanla Ara 9P:d� F It 5! --- 65 ' �70-so I. u, y _ >60-70 n A•,._ c v. m 3 " - I f.1 p lr \� �40-50 udEairgcrrs r. I I.lurr.I ' �30-40 'v j1An'.:wPi '. ' >20-30 > 10 - 20 n .�I��YI•Warn�r•Ave`U� •n„ nti -"yv 0.10 (Lowest Scores) - i 2 ^, m v, - J EDycrRdC no o � IYi Alton Ave - The Cistrcl 4 F al Tustr v: P` Lega ' J: South aL.n1k,— Ave �r � m. PlazaAntnn t?Iv5 • _ a,s��r_.et. .r.r:_ 1' Irvine o •ui, HFRF, iinrrnin, F^-.(�, NOAA, ll (S, FF'A Hc:dcicr, P'; F `i, R3. R'd, H`. a nd F'S Ta:a•: •: fr:n•r U.S. Grr:a.:; 7ur::r:n'�: 7'X" F'uA :: I :ru 'N 1'l 11(,:: .:. F'ufrl :'.� '•?4 11 'Ic::. '.'Jr, ctnl :r6ti: Ava Hazard Ave n W 1st 1 y ' VJ h§c Fadtla i City Council 21 — 609 5/6/2025 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. OEHHAEnvironmental Topics About Proposition 55 News and Events Library Search +rz SIB53S Disadvantaged Communities Lamuscn Ave a "°R-Ik"' �° 2022 (Census Tracts and Tribal Areas) _ a � Garden G as car ■ Ac�irn Ave a°n•Gr°yerFWy• G.s rden Gm ve Btvd - N , Fairha __ ° htemorral " w Park Fooihil Gaide m ' E Santa _ Clara Ave a p o North Tustin A 6risbl 2 e "0 P� 1r m 4 ¢ (?6 v, m -' ." Ha PrA AvePi' v HIV iC C rNCr t)I '. tied Yr 5�rh 5t I Santa Ana _ E•4th.St 3u .. 90 Ea•AYe a 4 55 T6 tin f eve°Tushm Yr= Bishop PI 2 - 6 I}nch - en Ave '. INtUt Fadde Ave N E '' Golf Cluk - a -2 .• w Sa�.o on m vid l.B.hWr Edrrrler Ave 'Reati °90• Go IF Course M tie Square .�� R�gnrwl Park � Milt' squaro INSI Anq 41t Ragunat Park L �fer., h 35 Gvlf Courw !� 261 nq. W ar n er•A v ° y149a rn Fountain c` F d ry valley 1�4 J .y" R`. y 9!N 1 l i., cP _ VV Alto n Ave k ¢ v ""- - Ti be. rl Ava -,r NEAA, u5G5, EI'A. NFS FOEHHA, C:al-1'A Powered by Esn City Council 21 — 610 5/6/2025 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. ATSDR Environmental Justice Index (EJI) Explorer Sh—hg 1 X CMATS DR Environmental Justice Index 2022 For more information on EJI indicators, click on the indicator names in the table below. Nora: ® indicates a score of 7D.75 or high prevalence of a chronic condition rest xation Census Tract 750.02, Orange County, California 3taI Population 8,236 JI Rank ®0.88 nvironmental Burden hank 10.84 ucial Vulnerability Rank ®0.95 0, d X Environmental Justice Index 2022 EJ1 Rankings (Ouartiles) RPL_EJI Low 0 Low to Moderate Moderate to High High No Data 0— Ozone 0.65 PM2.5 10-97 Diesel Particulate Matter ®0.76 Air Toxics Cancer Risk &0-76 + a% City Council 21 — 611 5/6/2025 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. 02 ATSDR Environmental Justice Index (EJI) Explorer August24, 2023: Data values for several fields in the 2022 EJI dataset, including EJI Rank, have been updated. Please see the EJI Data Download page for more information. .u� ils! 1. Select State All States 2. Select County All Counties v c0 Fo in[ Nc pro City Council 21 — 612 5/6/2025 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. A ►EPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico is not available as corn arable to the US. it is only comparable to the tei - W 17th St *Compare to US OCompare to State Particulate Matter 2.5 IDiesel Particulate Matter iAir Toxics Respiratory HI Toxic Releases to Air T-Wk Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes AI Pollution and Sources Socioeconomic Indicators Health Disparities Climate Change Data p Critical Service Gaps Washington Squarc Santa Ana Downtown r= 5th St Lacy E]Screen Website I Mobile I Glossary I Help tors may not be available far territories. X AJ[kDE] Indexes ©o AirToxics Cancer Risk (National Percentiles) Grand ; , 95 - IOCpercentile , 90 - 95 percentile \ 80 - 90 percentile hj 70 - 80 percentile , 60 - 70 percentile Logan 50 - 60 percentile Less than 50 percentile Santa Ana Data not aval lable Station Santa _ Fe Railroad \\ E 6th St\� E 6111 St \ \ tngeles, California State Parks, Lsri, I om I om, Garmin, SafeGraph, Goo I cchnologics, Inc, MIL I Il USGS, Bureau of Land Managnmcnt, LFA, NPS, US Census Bureau, USDA, U.,. Powered by Esri City Council 21 — 613 5/6/2025 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%. ,ill EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico) is not available as comparable to the US, it is only Y comparable to the territory itself by usin the W 17th St IL *Compare to US *Compare to State Particulate Matter 2.5 lAir Toxics Cancer Risk Air Tcxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes Pollution and Sources tit Socioeconomic Indicators Q� Health Disparities Climate Change Data p Critical Service Gaps re EJScreen Website I Mobile I Glossary I Help ;om are to Siate' fnncfionafity. Likewise, some of the indicators may not be available for territories. X Santa Ana, CA, USA X Q ©E] Indexes o0 171h St Diesel Particulate Matter (National \ Percentiles) , 95 - 100 percentile \ Grand ; French Court 90-95percentile �\ 80 - 90 percentile kk 70 - 80 percentile Logan 60 - 70 percenti I e SO - 60 percentile —Fren;h Park Less than 50 percentile S arI Ana PTData not available Station Santa F..e Ra Irnad E 6th St �� 8j�_tj�� Lo,J � Saddleback View E Slh Stc Lacy Ve a,e E 2n i a ' V' z t 1 2 U 2 Xru � men � N HT [17 Pirn_I nwnll rnla State Parks, Lsri, om om, Carmin, SafeGraph, Gco I echnologics, Inc, ML I I/NASA, USG5, Uurcau of Land Management, LPA, NPS, US Census EWI'OaLI, USDA, 1, Pawered by Esrl City Council 21 — 614 5/6/2025 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. /EPA EJ Screen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) Please note: Territory data (except Puerto Rico) is not available as comparable to the US. It is only comparable to the territory itself by us 1N 171h St *Comoare to US OComoare to State —' Particulate Matter 2.5 Diesel Particulate Matter Air Toxics Cancer Risk Air Toxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity lUnderground Storage Tanks Wastewater Discharge Supplemental Indexes W Pollution and Sources Socioeconomic Indicators ,V Health Disparities +1t, Climate Change Data jO Critical Service Gaps _ Square I .....-.... Diesel particulate matter level in air N w tath sr N � R K m Z Z �� .. _vie Center or W Santa Ana C Flower Park Downtown Santa Ana -err w E75creen Web5ite I Mobile I Glossary I Help are to State' functionaitty. Likewise, some of the indicators may not be available for territories. X TM nta Ana, CA, USA X Q V TE] Indexes 0® Hazardous Waste Proximity (National Percentiles) 95 - 100 percentile �rench Gour1 _ Grand : 90-95 percentile L80 - 90 percentile 70 - 80 percentile bill - 70 percentile 50-60 percentile French Park --- p Less than 50 percentile Sanla Ana Y// Data not available station Santa Fe Radrned - low E ioh St Saddleback \ E 5th St View Lacy E 4th c a E Znd St Z i st St �detlli E isl St - n,r,per entity # y� ¢ E Walnut 51 o x = E Pinc St O .hestnut Awe E Chestnnt A, oo 7.11 E Myrtic St Elementary School — �nne st la State Parks, Esri, I om I om, Garmin, SafeUraph, Gco I Inc, ME I I/NASA, USCS, Bureau of Land Management, tFA, NPS, US Census Burcdrl, USDA, U. Powered by Esri City Council 21 — 615 5/6/2025 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. A %all EJScreen EPA's Environmental Justice Screening and Mapping Tool [Version 2.2) E7Screen Website I Mobile I Glossary I Help Please note: Territory data (except Puerto Rico) is not available as comparable to the US. it is only comparable to the territory itself by using the 'Compare to State' functionality. Likewise, some of the indicators may not be available for territories. X Q p Santa Ana, CA, USA X Q JQE] Indexes o0 17th St E 77th ��7_Z1h�t__ OOCompare to US OCompare to State Q — Particulate Matter 2.5 (National Ozone Diesel Particulate Matter Air Toxics Cancer Risk Air Toxics Respiratory HI Toxic Releases to Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Waste Proximity Underground Storage Tanks Wastewater Discharge Supplemental Indexes Percentiles) � � ' , 95 - 100 percentile LL French Coot Grand ]j C 90 - 95 percentile C80 - 90 percentile 70 - 80 percentile 60 - 70 percentile 50 - 60 percentile Less than 50 percentile Data not available — —ic Center Dr Santa Ana Downtown r E 5th St J I Santa Ana I Lacy E ]id st E Znd St Wistst -ar,i E7stst A Pollution and Sources u n Socioeconomic Indicators - „ y sama�na � High Sch [� I E' C nvt k 10 Health Disparities L + IM1tM.yctle Sr Climate Change Data w=eemil� — E Cd ile St E-- A n_I II Ain P rir I r Critical Service Gaps 5ngeles, California State Narks, tsri, 1 1 G_ i ir, ;-fat I -._: I 01Ir ',ILI N S. I,ti! S. .v _:%u _f ncl Management, EWt, NFS, US Census Bureau, USDA, U.., Powered by Esri City Council 21 — 616 5/6/2025 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%. „EPA EJ Screen EPA's Environmental Justice Screening and Mapping Tool [Version 2,2] Please note: Terrfty data {except Puerto Rfcoj is not available as cc v o ®Compare to US '0Compare to State n Environmental Justice indexes Particulate Matter 2.5 Diesel Particulate Matter Air Toxics Lancer Risk Air Toxics Respiratory HI Toxic Releases to Alr Traffic Proximity ISuperfund Proximity IRMP Facility Proximity Naxardous Waste Proximity IUnderground Storage Tanks Wastewater Wscharge Supplemental Indexes W Pollution and Sources Socioeconomic Indicators V Health Disparities A Climate Change Data P Critical Service Gaps e vu'wl, �t c Blvic Center Or E75creen Website I Mobile I Glossary I Help fo 5fare' functionality. Likewise, some of the indicators may not be avaffable for territories. X Santa Ana, CA, USA X Ck E_ nth St - J©E] Indaxea ❑►® e nth St Lead Paint (National Percentiles) _ 1111111 95 - 100 Percentile ench Court Grand: 96-95 percentile 80 - 40 percentile `Yp-BD pr. rcr, mile Ivaxh 1...: hk 50 - 70 percentile Logan 50 - by percentile Less than 50 percentile Franch Park Dm, not avw-lable - Santa Ana Flower Park Downtown Lacy Santa Ana w Z'O St 10 st "1-!,! I( € • st St E YJa1nu1 St e Ana e nhH 1 road L Saddleback View 1 N Pren L ¢ yrtle St + — w C - St —� 1-11 Ingcics, California State Narks, Lsn, oml ❑n1, Garmin, SafeGraph, Saco Icchnalogics, lnc, Mt IlNASA, USGS, bureau of tand Managrmcnt, LFA, MPS, US Gcnsus bureau, USDA, l!.. Powered by Esr City Council 21 — 617 5/6/2025 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%. 6"' EPA EJScreen EPA's Environmental Justice Screening and Mapping Tool (Version 2.2) E]Screen Website I Mobile I Glossary I Help Please note: Territory data (except Puerto Rico) is not available as comparable to the US. it is only comparable to the territo itself b usin the 'Compare to State' functionality. Likewise, some of the indicators may not be available for territories. X w , u �. 0 p v Santa Ana, CA, USA X Q (DE] Indexes o0 W 17th St E 17th n *Compare to US OCompare to State Toxic Releases to Air (National a Environmental Justice Indexes r t6th St Percentiles) \ Grand ; , 95 -100 percentile Particulate Matter2.5 French Court ® 90-95percentile Ozone 80 - 90 percenti le Diesel Particulate Matter Washington Willard ,70-80percentile Squara �r fI Air ToxiesCancer Risk thSt uU Logan ,60-70percentile 50-60percentile Air ToxicsRespiratory Hl Less than 50 percentile French Park Tox'ic Releases to Air p a. Sa Ana p� m A Santa r// Data not available Traffic Proximity Z z z Lead Paint Superfund Proximity Facility Proximity Hazardous Hazardous Waste Proximity s� Underground Storage Tanks I Wastewater Discharge Supplemental Indexes - rn till Pollution and Sources t�tSocioeconomic Indicators '10 Health Disparities a Climate Change Data P Critical Service Gaps ., ..,vic Center Dr w � Santa Ana Downtown E 5th St IA Flower Park Santa Ana E am St m1stst E 3rd St E 1st St m w Walnut st acnnn n E m _ Santa Ana y N rn High school .. „p E 6th St Saddleback i View Lacy a ' !E3 � Z st mileli St € camileLSt n_I n tngeles, California State Narks, �Esrl, I om I om, Carr in, SafoGraph, Cco I a.hnologies, Inc, ME I I/NASA, USCS, Bureau of Land Management, EPA, NNS, US Census Bureau, USDA, J. Powered by Esri City Council 21 — 618 5/6/2025 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. City Council 21 — 619 5/6/2025 EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued) Cal[ifornia Healthy Races Index P bill H kh Alliance- V About Download map 6sh? Using the HPI mapping tool, the Lacy - Tools >> - neighborhood ranks at a 9.6% of the I Community Conditions X . + \ HP] Score (3.0) p least healthy community conditions. Explore the California Healthy Places Index score to examine _ N; Percentile Ranking Using the HPI mapping tool, the Logan neighborhood ranks on the LOW end, showing nearly 11 % of the least healthy community conditions. neighborhood measures hnkedtohealth oat-nnes,and view key pl;al ' cess +Mare healthymmmunity indicatorsotdiversityandequiry. ra �\ ondifions Learn more) ��J■�� nr Canngo��. 0 25 50 75 100 Exctoded „ - ■ � ��N � Select geography H . \ Santa Ana r■��[�!i'i p" ■■� Tract: 755.05 ■■� HPI Scare 13.0) HPI Score (3.0): 9.6 percentile r. om mmm r Ems' ■.�.ir7■�rA■�� Ptrcentilo IVeluel: 66.310,295) Less � More hea l thy Bond itions �Ctt�tttttttt� _�1 a IT' �� E ; -- - -- Tustin yPE ' ' � ��■■Fir '�ili� vrtea St n iY'■ s nLL City/T Avg:330 ^I■ �.._ `i '',.:.. �ifYFfKf II A' &1 u, a County Avg:80.4 _ _ �'. � This Tract has healthier community conditions than just iMf 9.6%ef ether California Tracts. ®2022 the Public Realm Alliance of Sou[Forn Calif mia I The Public Health Alliance Is ascally spnnscrea by me Publle Health [nslhNe. m MepnoxB OpenStreelMap Improve this map - Tools > Community Conditions Fxnlnm 1tafairnMa N.almry Rare IMwcmm m cxanYn n.ly�eortmd muaurvx Ilnlmd [e twlth autumn:and Naw koy '+did tmsnr d1.45ih' a td E W1ly. Learn more ) Santa Ana HPI Score (3-0)=10-9 percentile 1-a aIAore hen hhy mndi5nnv ❑rvrT A.x3sn 0.Vn[ykrg 8Ll9 This Tina has healthier —uraty condhlons than lust 10.9%of other California Tracks. o—the——IN A F,d Sou N_n^..brlcrna I II —Henn Aline-i-h—I,A.nI— City Council 21 — 620 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY Engage EJ communities on recreation and cultural programs. Incorporate community stakeholders Community 1.1 Yes from environmental justice communities to form an Environmental Justice Action Committee to guide PRCSA/ PBA 2023 the identification of recreational and cultural programing needs and desires. 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, Every two Community 1.2 Yes CMo with focused outreach to environmental justice priority areas utilizing various platforms, such as years social media and school events, to encourage substantial survey participation. Collaboration. Develop intentional, strategic partnerships with public, private, and nonprofit entities to improve health outcomes by leveraging capacity, resources, and programs around mutually Community 1.3 Yes beneficial initiatives that promote health, equity, and sustainability in neighborhoods within PBA/PRCSA 2022 -2024 environmental justice area boundaries. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization. Community coordination on underutilized spaces. Coordinate with community residents, property owners, and other stakeholders to identify vacant and potentially underutilized properties and 2022 & Community 1.4 Yes PBA/PRCSA strategize how such properties could be repurposed into public parks or commercial recreation ongoing facilities. 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 Community 1.5 Yes PRCSA 2022 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. 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 Community 1.6 Yes PRCSA/PWA 2022 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. City Council 21 - Woe 1 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 2022 & Community 1.7 Yes PBA rights and protection, so they are not penalized for reporting or living in a dwelling unit that does not Ongoing 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. Neighborhood rehabilitation. Continue to seek state and federal funding for neighborhood rehabilitation projects and collaborate with community -based organizations to identify housing issues Community 1.8 Yes cDA ongoing and improvements needed, especially for housing within environmental justice area boundaries. 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 Community 2.1 Yes CMo 2024 can be used by organizations to support early childhood education, after school activities, libraries and learning centers, and other meetings and educational opportunities. Public realm. Identify areas in need of a public realm plan to provide attractive, comfortable, and safe Community 2.2 Yes walking corridors to promote accessibility to community programs or activity centers, in conjunction PWA/PBA Ongoing with the City's Active Transportation Plan. Community health care facilities. Evaluate options to support existing and potential community Community 3.1 Yes health care facilities in environmental justice focus areas through a variety of mechanisms such as PBA/CMO 2023 reduced permit fees, reduced impact fees, and tax incentives. Pedestrian access to health facilities. Ensure that new or redeveloped health care facilities include Community 3.2 Yes pedestrian -friendly site amenities. In areas where mobile clinics are stationed, ensure the location is PBA Ongoing safe and accessible for pedestrians, cyclists, and transit users. Health metrics. Engage with the Orange County Health Care Agency and other stakeholders to Community 3.3 Yes monitor key health indicators to measure the success of the outcome of General Plan policies and the PBA/CMO 2022 implementation plan, including reduction in incidence in asthma and low birth weight of infants. City Council 21 — WJe 2 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Community 3.4 Yes PBA/CMO 2022-2024 environmental justice area boundaries. Identify potential programmatic changes and resources to better address the root causes. Environmental education. Encourage all education institutions in Santa Ana to include curriculum Community 3.5 Yes regarding environmental justice and local efforts to promote clean business operations, PBA/CMO zozz - zoz4 environmental quality, and the health in our community. 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 Community 3.6 Yes environmental justice area boundaries. Examples include grants or loans to purchase updated CAA zozz equipment, publicity, or directories of healthy food outlets, or connecting stores to wholesale sources of healthy, local, or organic food. Food Deserts. Collaborate with Orange County Health Care Agency (OCHCA) to gather and map food Community 3.6A Yes PBA 2024 desert data, and share publicly through the City's Environmental Quality webpage. 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 Community 3.7 Yes and access to health and wellness services throughout the city. Include a discussion on areas within PRCSA 2022 & environmental justice area boundaries and other areas underserved by parks, programs and services ongoing that support health and wellness. 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) Community 3.8 Yes for residents, especially those that reside in environmental justice communities. Additionally, PBA Ongoing 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. 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 Community 3.9 Yes including community outreach, collaboration on environmental health studies, pursuing grants, and CMO 2022 coordination with federal, state, and local agencies regarding environmental concerns in the City. City Council 21 - WRe 3 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 2022 & Conservation 1.1 Yes evaluate measures and strategies in such plans for their applicability to and feasibility for Santa Ana. PBA annually 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 Conservation 1.2 Yes of the city , with focus on areas with unique needs and highest pollution burden as identified in the PBA 2022 & Ongoing CalEnviroScreen tool. If such designation is not awarded, seek grant funds for activities such as local air quality monitoring. 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 2022 & Conservation 1.3 Yes objectives and strategies for monitoring air pollution in advance of the establishment of a community PBA Ongoing emissions reduction and/or air monitoring plan. 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 Conservation 1.4 Yes PBA 2022 - 2027 establish new regulation to reduce and avoid increased pollution near sensitive receptors within environmental justice area boundaries. 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 Conservation 1.5 Yes hazardous materials or by-products, with a special focus on environmental justice communities. Serve PBA & Ongoing 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. Emissions monitoring. Coordinate with the South Coast Air Quality Management District to monitor 2022 & Conservation 1.6 Yes PBA existing air measurements and recommend new air measurements and locations. Ongoing Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas Conservation 1.7 Yes PBA/PD 2022 - 2024 Improve older trucks. Promote the City's Vehicle Replacement Plan and explore the replacement of Conservation 1.8 Yes older trucks through City participation in regional incentive programs and education of Santa Ana PwA 2022 private fleet owners of program opportunities. City Council 21 — Wale 4 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY Indirect source rules. Support the development of indirect source rules, drayage truck rules, Conservation 1.9 Yes advanced clean truck routes, and heavy-duty low NOx rules by the South Coast Air Quality CMO Ongoing Management District. 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 2022 & Conservation 1.10 Yes PBA on environmental justice areas. Publish results and information on the City's website through a Ongoing dedicated Santa Ana Environmental Quality web page. Public education. Augment existing outreach programs to improve public awareness of State, Conservation 1.11 Yes regional and local agencies' roles and resources to identify, monitor, and address air quality and other PBA/PWA Ongoing environmental hazards in the community. 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 Conservation 1.12 Yes community air monitoring plan, including the identification of information needed (new or updated), PBA 2022 potential data sources and needed resources, and strategies to engage residents and collect information. 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 Every two Conservation 1.13 Yes CMo City efforts like Strategic Plan, park and recreation planning, community benefits, etc.).Report findings years of survey through the various media platforms and utilize input to inform periodic evaluation and update of General Plan. 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, Conservation 1.14 Yes community organizations and businesses can communicate their unique issues and needs, as well as PBA/CMO Ongoing 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. Expanded representation. Expand representation of residents from neighborhoods within Conservation 1.15 Yes environmental justice area boundaries by extending residents from such areas to become board, PBA/CMO Ongoing commission, and task force members as openings occur City Council 21 — Wagpe 5 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Conservation 1.16 Yes cMo Annually presentations to include a section dedicated to the status of actions and improvements to address the needs of residents within environmental justice area boundaries. 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 Economic 3.5 Yes companies that reduce environmental impacts and the carbon footprint to locate to the city. CDA Ongoing Prosperity Encourage existing businesses to invest in technology and best practice to transition to sustainable business practices. Historical Equitable access. Establish a fee reduction or waiver program for low-income applicants to ensure 3.8 Yes PBA 2023 Preservation equitable access and participation in the Mills Act Program. Open space requirements. Evaluate public open space and park requirements in the zoning code for Land Use 2.10 Yes residential and nonresidential uses. Consider requirements and/or incentives to aggregate public PBA/PRCSA 2022 - 2027 open space areas required by two or more uses to form larger and more usable areas and facilities. 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 Land Use 3.2 Yes requirements to buffer heavy industrial uses from sensitive receptors. Conduct a study to evaluate PBA 2022 - 2027 and establish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences, schools, day care, and public facilities. Healthy lifestyles. Collaborate with residents and industry stakeholders to create a program to Land Use 3.3 Yes PBA zozz incentivize and amortize the removal of existing heavy industrial uses adjacent to sensitive uses. 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 Land Use 3.4 Yes PBA 2022 schools located in areas with high levels of localized air pollution, especially for those within environmental justice area boundaries. Business incentive. Explore economic development incentives and grant funding to encourage Land Use 3.5 Yes existing or draw new business investments in the industrial zones to incorporate more CDA Ongoing environmentally sustainable practices. Lead paint abatement. Coordinate with County of Orange Health Care Agency and community Land Use 3.6 Yes organizations to strengthen local programs and initiatives to eliminate lead -based paint hazards, with CDA/ PBA & Ongoing priority given to residential buildings located within environmental justice area boundaries. City Council 21 — Wage 6 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE E� TIME PLAN REF # DEPT/ policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY Sunshine ordinance. Update City Sunshine Ordinance, incorporating best practices for outreach in Land Use 3.14 Yes CMO 2022 environmental justice areas in Santa Ana Communication tools. Explore tools for communication with residents and sensitive receptors when Land Use 3.15 Yes PBA 2022 - 2024 new industrial uses are proposed in their areas Health in corridors. Require a Health Risk Assessment to identify best practices to minimize air quality Land Use 3.16 Yes PBA 2022 - 2027 and noise impacts when considering new residential uses within 500 feet of a freeway. Training for safe practice. Pursue the EPA Renovate Right Program to train local residential Land Use 3.17 Yes contractors for certification as lead renovators to promote safe work practices and prevent lead PBA 2022 contamination. Renovations and lead prevention. Evaluate the feasibility of requiring contractor training and/or Land Use 3.18 Yes certification for safe work practices to conduct residential renovations for pre-1978 structures that PBA & CDA Ongoing may contain existing lead paint. 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 Land Use 3.19 Yes PBA 2022 -Ongoing 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. Safe housing. Require all residential rehabilitation projects that use local, or HUD federal funds to Land Use 3.20 Yes comply with the Lead Safe Housing Rule, to remove lead paint hazards, depending on the nature of CDA Ongoing work and the dollar amount of federal investment in the property Prevention education. Collaborate with local organizations such as Orange County Health Care Agency, State Environmental Protection Agency, and community -based environmental justice Land Use 3.21 Yes PBA 2022 -Ongoing 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. City Council 21 — Wa& 7 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Land Use 3.22 Yes and households presenting with concerns about lead exposure and/or with confirmed lead levels of PBA 2022 & Ongoigoingng >3.5ug/dL, which the Centers for Disease Control and Prevention indicates as the threshold for follow- up and case management in children. 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. Land Use 3.23 Yes PBA 2022 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 Land Use 3.24 Yes PBA 2022 - 2024 hazards in Santa Ana, with special focus in environmental justice communities. Conduct public meetings to gather information and present preliminary findings. 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 Land Use 3.25 Yes existing and new disadvantaged EJ communities, including multilingual communication protocols. PBA 2022 Host quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of environmental justice policies. Health conditions. Work with state agencies including the Department of Toxic Substances Control Land Use 3.26 Yes and South Coast Air Quality Management District, Orange County Health Care Agency and local PBA Ongoing 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 Land Use 3.27 Yes PBA Ongoing remediate groundwater contamination. Share information with the community on the City's Environmental Quality web page. City Council 21 - Wage 8 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # E� DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Land Use 3.28 Yes ordinance that provide protections against evictions for those who seek action to improve PBA 2022 & Ongoing substandard housing and hazardous conditions. 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 Land Use 3.29 Yes PBA 2022 materials on the property, in order to identify potential for site contamination from hazardous materials or soil lead contamination to be remediated. Fireworks and environmental pollution. Study the data available to understand the health effects Land Use 4.6 Yes and environmental exposure, including air quality and noise impacts, from airborne sources such as PBA/CMO/PD 2022 - 2024 fireworks shows and displays, with special focus on environmental justice areas. Construction improvements. Identify best practices and communication tools to monitor mitigation Land Use 4.7 Yes measures and oversight of private and public construction improvements to protect the health and PWA/PBA Ongoing safety of health of the community, with focus on environmental justice areas. Safe routes to schools and parks. Develop and pursue implementation of a Safe Routes to School Mobility 3.5 Yes PWA/PRCSA Ongoing Plan and a Safe Routes to Parks Plan 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 Mobility 4.5 Yes landscape with public realm landscaping. PBA/PwA 2ozz zoz2 Air quality improvements. Participate in inter -jurisdictional efforts to promote improvements in air Mobility 5.8 Yes PBA/PWA 2021-2035 quality and to meet state and federal mandates through advanced technology and TDM programs Interagency Forum. Convene an interagency forum to take a coordinated approach to evaluating the Open Space 1.2 Yes feasibility for converting City -owned properties to parkland, with special focus in park deficient and PRCSA 2022 environmental justice areas. 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 Open Space 1.7 Yes PBA/PRCSA 2022 require public parkland within the City limits and a 10-minute walking distance of the new residential projects. City Council 21 — §2age 9 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL RESPONSIBLE PLAN REF # EJ DEPT/ TIME policy FRAME ELEMENT IMPLEMENTATION ACTION AGENCY 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 Open Space 1.7A Yes PBA &PRCSA 2022-2027 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. 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 2022 & Open Space 1.10 Yes PRCSA acquire land through purchase, land dedication, easements, and land leases that would allow for Ongoing permanent or temporary public use of land for open space and recreational opportunities. Joint -use agreements. Coordinate with public school districts, private schools, and other community Open Space 1.11 Yes organizations to provide community members with access to additional open space and recreational PRCSA & Ongoing resources. 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 Open Space 1.13 Yes PRCSA 2022 recreational facilities. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization. Community partnerships. Continue building partnerships with community -based organizations that administer social services to the elderly, youth, and other special needs groups; create use Open Space 1.14 Yes agreements for these providers to use public park facilities to meet the recreational and educational PRCSA Ongoing needs of these groups. Community input. Identify and utilize multilingual and interactive community engagement tools, Open Space 1.15 Yes initiated through the Parks and Recreation Master Plan, for residents and facility users to provide PRCSA 2022 ongoing input about open space needs, park design, facility improvements, and programming 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 2022 & Open Space 1.16 Yes PRCSA recreation system to three acres of land per 1,000 residents with a plan to keep pace with future ongoing urban growth. Fiscal priority for public improvements. Identify City fiscal and operational procedures and potential Public 1.4 Yes thresholds involved in the prioritization of general funds for public programming, service, or CMo 2021 & Services annually infrastructure improvements for residents living within environmental justice area boundaries. City Council 21 — PaQ 10 of 11 5/6/2025 City of Santa Ana General Plan EJ Actions GENERAL PLAN ELEMENT REF # E� policy IMPLEMENTATION ACTION RESPONSIBLE DEPT/ AGENCY TIME FRAME 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. Safety 2.4 Yes PBA/CDA Ongoing 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. Business education. Collaborate with state and county agencies and trade organizations to educate Safety 2.5 Yes and inform industrial business owners about permit regulations required for safe facility operations PBA/CDA Ongoing and about best practices. City Council 21 — Ps;l 11 of 11 5/6/2025 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 eCommentQsanta-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 MMacedon io(a_santa-ana.orq. City Council 21 — 632 5/6/2025 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 espanol, favor de Ilamar a Margarita Macedonio (714) 667-2288. Neu can lien lac bang tieng Viet, xin di6n thoai cho Tony Lai so (714) 565-2627. City Council 21 — 633 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 1 W.Y. Manufacturing - Property owner and The City acknowledges the comment. Industrial manufacturing company owner - provided comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 2 David Elliott, President and CEO, Santa Ana The City acknowledges the comment and is providing the Chamber of Commerce - provided comments following clarification: in opposition with the following concerns. No 1) Adoption of this ordinance would not disrupt small questions were provided: businesses. The ordinance does not force businesses to close 1) Impact on Small Businesses or relocate; rather, would make them legal non -conforming and 2) Economic Stability allow them to continue operating provided they comply with the 3) Lack of Transition or Support operating standards. 4) Community Character 2) The proposed ordinance would not force any business closures or relocations. Existing industrial businesses, classified as legal non -conforming, may continue operating until they voluntarily cease or close due to natural business decisions. 3) Businesses can maintain their operations or adapt to permitted uses under the TZC (SD-84) district. A voluntary compliance agreement is a tool included in the proposed ordinance for developing a transition strategy. The tool could be used to formulate an agreement/plan by which the City and business owner have a mutual understanding of compliance timelines. Page 1 City Council 21 — 634 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 2 continued David Elliott, President and CEO, Santa Ana 4) The proposed ordinance does not force the closure or Chamber of Commerce - provided comments relocation of any businesses nor proposes any changes to in opposition with the following concerns. No zoning that allows for a mix of uses. The City Council questions were provided: established the vision for the TZC (SD-84) in 2010 and 5) Impact on Small Businesses reaffirmed that vision with adoption of General Plan in 2022. 6) Economic Stability This ordinance does not propose any changes to existing 7) Lack of Transition or Support underlying zones or General Plan land use designations. 8 Community Character 3 Kim Riker — Business Owner - provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD- 84). No questions were provided. 4 Nathan Paladino — Resident - provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code (SD- 84). No questions were provided. 5 Kelly Kraus Lee- Resident - provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code (SD- 84). No questions were provided. 6 Ryan Madden- Resident- provided comments The City acknowledges the comment. in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. Page 2 City Council 21 — 635 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 7 Ryan Friesen- Property Owner - provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 8 Garrett Gee- Resident - provided comments The City acknowledges the comment. in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 9 Sarah Rinelli- Resident - provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code SD-84 . No questions were provided. 10 Liberty Dickinson- Resident- provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 11 Barney Richer- Resident - provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. Page 3 City Council 21 — 636 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 12 Rachel Kraus -Lee- Resident - provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 13 Jenna Zech- Business Owner - provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 14 Jamie Glazer- Business Owner- provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 15 Martha Gonzalez- Resident- provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 16 Jenna Zech- Business Owner - provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 17 Mark Law- Property Owner- provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. Page 4 City Council 21 — 637 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 18 Jenna Zech- Business Owner- provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 19 Jenna Zech- Business Owner- provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 20 Jenna Zech- Business Owner- provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 21 Jenna Zech- Business Owner - provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided.. 22 Mike Tardiff - Business Owner - shared The City acknowledges the comment. letter that provided comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. Page 5 City Council 21 — 638 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 23 Harvey Beigle - Business Owner - provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. 24 Ian MacMillan - Business Owner - provided The City acknowledges the comment. comments in opposition to the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. Page 6 City Council 21 — 639 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 25 Roger Simon- Business Owner - provided The City acknowledges the comment. comments in opposition to the proposed Transit Zoning Code (SD-84) amendments CEQA requires the City to analyze the Project impacts against with the following claims: the existing environmental setting. As analyzed in the Addendum, the Project is not introducing any new land uses - Claims that the ordinance will reduce that would have air quality impacts. It is instead introducing air pollution are misleading, as the new regulations for nonconforming industrial use that would primary pollution sources are discontinue nonconforming noxious uses, and establish automobiles and trains, not industrial screening walls. These regulations would reduce dust and businesses. lessen air quality emissions from the existing environmental setting. Further, any future development within the TZC area - The claim that the ordinance will requiring discretionary action would continue to be subject to reduce traffic is false, as converting a project -level CEQA review and comply with existing industrial areas to high -density regulations that will ensure potential impacts are not residential use will increase exacerbated. There will be no new or more severe significant construction traffic and automobile impacts to air quality than were previously analyzed in the congestion. TZC EIR, and therefore a subsequent or supplemental EIR is not required. Page 7 City Council 21 — 640 5/6/2025 City of Santa Ana - Public Comment Response Matrix for April 1, 2025 City Council Meeting Public Hearing Item No. 22 Transit Zoning Code (SD-84) Comment # Written Public Comment Received Response 25 continued Roger Simon- Business Owner - provided Specific development projects are not being proposed under comments in opposition to the proposed this Project. Instead, this Project modifies the list of land uses Transit Zoning Code (SD-84) amendments and permit types, including the deletion of industrial land uses, with the following claims: amends nonconforming regulations including the addition of an amortization process, amends and adds operational standards - Claims that the ordinance will reduce for allowed uses and nonconforming uses, and deletes the air pollution are misleading, as the Industrial Overlay zone from text and maps, and deletes the M1 primary pollution sources are (Light Industrial) and M2 (Heavy Industrial) suffixes from certain automobiles and trains, not industrial properties within the TZC area. Thus, there are no new land businesses. uses being introduced or different development standards that would have significant transportation impacts. - The claim that the ordinance will reduce traffic is false, as converting As discussed in the Addendum, any specific development industrial areas to high -density projects that require discretionary action would continue to be residential use will increase subject to a project -level CEQA review and the mitigation construction traffic and automobile measures set forth in the TZC EIR, as well as existing congestion. regulations, would still apply. Thus, potential transportation impacts will not be exacerbated, and will not result in any new or different impacts than analyzed in the TZC EIR. 26 Lauren Hale - Resident - provided The City acknowledges the comment. comments in support of the proposed amendments to the Transit Zoning Code SD-84 with no questions provided. 27 John Hale - Resident - provided comments The City acknowledges the comment. in support of the proposed amendments to the Transit Zoning Code (SD-84). No questions were provided. Page 8 City Council 21 — 641 5/6/2025 Comment #1 Flores, Dora From: W.Y. Manufacturing, Inc. - Sent: Monday, March 24, 202S 12:31 PM To: eComment Subject: April 1, 202S Meeting ZOA #2024-02, Removal of M1 & M2 properties from SD-84 Zoning District Attention: This email orieinatcd from outside of City of Santa Ana. Use caution when opening attachments or links To whom it may concern "Esteemed members of the City Council, thank you for allowing me to address you today regarding the moratorium and proposed rezoning of our industrial areas. My name is Walter Yaeger, I purchased the industrial building at 1037 Fuller Street in1987, since then it is the location of the manufacturing company I founded in 1978. My daughter just celebrated her 35th year with me, my son-in-law is in his 30th year and my grandson is also currently working at this location. I come from a long line of tool and die makers and machinists, including my grandfather, my father and three of my uncles. I stand before you as a concerned business owner and resident, deeply troubled by the implications of this proposed zoning change. We all understand the fundamental pillars upon which any nation's prosperity rests: mining, agriculture, and manufacturing. While our city, admittedly, doesn't engage in mining or large-scale agriculture, it does possess a vital, albeit small, manufacturing sector. This sector is not a relic of the past; it is the cornerstone of our future. Let's be clear: modern manufacturing is not the smokestack industry of yesteryear. It's a high-tech, innovative field that provides high -paying jobs and drives technological advancement. It's the engine that produces the tools and equipment necessary for mining and agriculture — the very foundations of our society. Without manufacturing, our ability to sustain ourselves and innovate diminishes. The proposed rezoning threatens to eliminate this crucial element of our local economy. By converting M1 and M2 zones to residential, we are not simply changing land use; we are dismantling a vital component of our city's resilience and future prosperity. We are telling future generations that high -paying, technical jobs are not welcome here. We must also consider the strategic implications. Our nation's current economic challenges, including our staggering national debt, are directly linked to the offshoring of manufacturing. We've learned the hard lesson that outsourcing critical production leaves us vulnerable and dependent. History reminds us that our manufacturing might was instrumental in winning World War II. In a rapidly changing global landscape, we cannot afford to repeat the mistakes of the past and further erode our industrial base. Furthermore, preserving manufacturing zones ensures that our residents have access to local employment opportunities, reducing commute times and fostering a stronger sense of community. This is not just about economics; it's about the quality of life for our citizens. City Council 21 — 642 5/6/2025 I urge you to reconsider this rezoning. Let us not sacrifice our industrial future for short-term residential gains. Instead, let us embrace the potential of modern manufacturing and build a resilient, prosperous community for generations to come. Let us not forget the three pillars of a nation, and let us not remove one of the most important pillars of our city. Thank you." Regards, Walter W. Yaeger City Council 21 — 643 5/6/2025 Comment #2 Zuniga, Diana From: Susan Backer <SBacker@santaanachamber.com> Sent: Wednesday, March 26, 202S 92S AM To: Amezcua, Valerie Cc: Phan, Thai; Vazquez, Benjamin; Lopez, Jorge (SAPD); Bacerra, Phil; Hernandez, Johnathan; Penaloza, David; Nunez, Alvaro; !City Clerk; 'Tim Jemal (tim@jemalpublicaffairs.com)'; Mindy Andrews; bihrke@rutan.com; Dave Elliott Subject: FW: Letter of Concern from Santa Ana Chamber -- RE: Transit Zoning Code ordinance Logan and Lacy neighborhoods Attachments: Letter of Concern for Santa Ana Chamber -- Transit Zoning Code ordinance Logan and Lacy neighborhoods.docx.pdf Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Good morning Madam Mayor and City of Santa Ana Councilmembers, Please see attached a Letter of Concern regarding Transit Zoning Code Ordinance in the Logan and Lacy neighborhoods. Regards, Susan Backer Executive Assistant to Mr. David Elliott, President/CEO of The Santa Ana Chamber of Commerce (714) 541-5353 ext. 116 www.santaanachamber.com "Do not fear failure but please be terrified of regret" Deshouna Barber City Council 21 — 644 5/6/2025 March 24, 2025 The Honorable Valerie Amezcua Mayor, City of Santa Ana - vamezcua a santa-ana.org 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mayor Amezcua, Re: Opposition to proposed Specific Development No. 84 Transit Zoning Code rezoning (Logan and Lacy neighborhoods) On behalf of the Board and Members of the Santa Ana Chamber of Commerce, I am writing to express our strong opposition to the City of Santa Ana's proposed Transit Zoning Code, Specific Development Number 84 ordinance in its Logan and Lacy neighborhoods. Specifically, we are concerned about the proposed removal of the existing light (M-1) and heavy (M-2) industrial overlays in these neighborhoods, which we believe would have a profoundly adverse impact on long-established businesses — many of which are owner/operator small and medium-sized enterprises vital to our local economy. The removal of the industrial overlays would disrupt a vital part of our community that has supported a wide range of downstream businesses for decades. Many of the impacted enterprises serve as key employers, providing jobs and contributing to the diverse character and history of the Logan and Lacy neighborhoods. By removing these industrial designations, the City risks displacing these businesses and undermining the livelihoods and retirement plans of owner/operators who have invested time, effort and resources in both neighborhoods. Instead of effectively punishing existing businesses in the two industrial overlay zones, the City should strictly target "bad actors" in the M-2 heavy industrial zone that are producing noxious emissions. Here are a few specific concerns that we would like to highlight for your attention: 1.) Impact on Small Businesses: Many of the businesses in the affected areas rely on industrial zoning and its inherent industrial uses to operate effectively. The removal of the two industrial overlays could force these businesses to either close or relocate, disrupting long- standing operations and the local economy. This will disproportionately affect owner/operator businesses that have become an integral part of the community. In addition, because the ordinance restricts the expansion or modification of existing industrial facilities, growing businesses that require greater space will not be able to expand the physical size of their buildings. City Council 21 — 645 5/6/2025 City Council 21 — 646 5/6/2025 Comment #3 Zuni.9a, Diana From: Kim Riker <kriker@ricedw.com> Sent: Thursday, March 27, 2025 10:29 AM To: eComment Subject: SD-84 TZC Rezoning Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Members of the Santa Ana City Council, I appreciate your taking time to read my concerns about completely zoning out M-1 & M-2 Industrial uses from SD-84 Transit Zoning Code area. I am a 3`d generation business owner who moved our office to Santa Ana in 2010 at the encouragement of the then -in -place City Council and its making our area an "Enterprise Zone" to better enable businesses to relocate here. Now we are being phased out due to the gentrification of this area, despite our proximity to a massive transit station and major freeway, both of which are contrary to healthful residential living. My concerns: 1. The draft regulations treat similar activities differently in various sections. For example, my property is to be zoned "Urban Center." We are an administrative office of 5 people that operates from 8 am to 5 pm and we sit inside all day and type on computers. I believe this should put us in the "Business Support Service" Land Use Type (page 19), and we would simply need a "P" Permit (meaning we could simply carry on our business as we are now). However, because we provide business support service to a construction company, our administrative services may put us in to the "Professional" category (page 20), thereby requiring a "P(1)" Permit type. This means we could only perform our administrative services "only on second or upper floors, or behind retail or service ground floor use." So, though we perform the exact same type of administrative work as Business Support Service, but service a construction company, we would then be required to add a retail space in front of our office? Or build a second story and allow a retailer to move in downstairs? This would increase vehicle and foot traffic, make more noise, and increase our business footprint in what seems to be contrary to the purpose of these regulations. The categorization of services in these Land Use Type charts is arbitrary and illogical in many cases, and this specific one makes no sense in our case. We make zero noise and only have 5 people in our office, but your regulations may require that we increase this, impacting the community. 2. The result of these regulations would be a taking of our property by the government. My mother owns the property next door, at Brown and Poinsettia, which is zoned UN-2. It is a building purpose-built in reliance on the location being made an "Enterprise Zone" by the City of Santa Ana years ago when it wanted to encourage businesses to move to this area. These regulations would render this property useless, as building "mixed use" residences would be required. The property is not large enough to do this. Therefore, as mentioned by a speaker last night, this would constitute a taking under the 5" Amendment to the U.S. Constitution. There are many instances of California case law that support this. 3. 1 understand the need to make changes to improve the area we are in, but forcing businesses out of the city and taking away local jobs from the 100 employees affected by my business and the one next door is not the way. My building is at the corner of 61" and Poinsettia, a corner the police and code enforcement know well, as we are across from Bruce Metals and I report on graffiti to our building and trash dumped on our sidewalk almost daily. I would love to have Bruce Metals and the recycling center gone as well — why don't you just focus on phasing out heavy industry instead of also capturing small, non -harmful businesses also? Thank you, Kim City Council 21 — 647 5/6/2025 Kim Riker Rice Drywall, Inc. 919 E. 61" Street Santa Ana, CA 92701 Ph: (714) 543-5400 City Council 21 — 648 5/6/2025 Comment #4 Zuni.ga, Diana From: Nate Paladino <natepaladino@gmail.com> Sent: Friday, March 28, 2025 12:17 PM To: eComment; depenaloza@santa-ana.org; Amezcua, Valerie Subject: Subject: Support for Item 22 Attention: This email ori-inated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M I and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhood. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Nathan Paladino Ward 6 City Council 21 — 649 5/6/2025 Comment #5 Zuniga, Diana From: Kelly Kraus -Lee <kellyakraus@gmail.com> Sent: Friday, March 28, 2025 12:46 PM To: Amezcua, Valerie; depenaloza@santa-ana.org; eComment Subject: Support for Item 22 Attention: This entail originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhoods. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses_ This will allow for responsible business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Kelly Kraus -Lee Ward 6 City Council 21 — 650 5/6/2025 Comment #6 Zuniga, Diana From: Ryan Madden <ryanpmadden@gmail.com> Sent: Saturday, March 29, 202S 12:13 AM To: eComment Subject: Support for Item 22 Attention: This email ori-inated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of Santa Ana to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhood. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses_ This will allow for business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Ryan Madden Ward 3 Resident City Council 21 — 651 5/6/2025 Comment #7 Zuniga, Diana From: Ryan Friesen <rykfri@gmail.com> Sent: Saturday, March 29, 202S 12:04 PM To: eComment; depenaloza@santa-ana.org; Amezcua, Valerie Subject: Subject: Support for Item 22 Attention: This email ori-inated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a property owner in the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhood. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Ryan Friesen 703 N. Poinsettia St. (owner of rental property) 657-888-2958 Ward 6 City Council 21 — 652 5/6/2025 Comment #8 Zuni.9a, Diana From: Garrett Gee <garrett@garrettgee.com> Sent: Saturday, March 29, 2025 12:54 PM To: eComment Subject: Support for Item 22 Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long - overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhood. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Garrett Gee Ward 6 City Council 21 — 653 5/6/2025 Comment #9 Zuni.9a, Diana From: Sarah Rinelli <sarah@rinellilawgroup.com> Sent: Saturday, March 29, 2025 3:19 PM To: eComment; Amezcua, Valerie Subject: Subject: Support for Item 22 Attention: This email ori-inated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of Santa Ana to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhood. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Sarah Rinelli Resident of 92701 Sarah M. Rinelli, Esq. Rinelli Law Group, P.C. P.O. Box 10298 Santa Ana, CA 92711-0298 (949) 674-6591 sarah(airinellilawarouy.com CONFIDENTIALITY: The inlbrni Lion contained in this a -Mail message, including any accompanying documents or attachments, is from the Rinelli I aw Group, P.C. and is intended only for the use of the individual or entity named above, and is privileged and confidential. If you are not the intended recipient, be aware that any disclosure, dissemination, distribution, copying or use of the contents ofthis message is strictly prohibited. 1f you have received this message in error, please notify its by telephoning Sarah M. Rinelli at (949) 674-6591, return the a -Mail message, and destroy (delete) the original. City Council 21 — 654 5/6/2025 Comment #10 Zuniga, Diana From: Liberty Dickinson <liberty@liberty-finearts.com> Sent: Sunday, March 30, 202S 4:18 AM To: eComment Subject: Support for Item 22 Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhoods. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses_ This will allow for responsible business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Liberty Dickinson Ward 6 Liberty Fine Arts 921 E.Santa Ana Blvd. Santa Ana, CA 92701 714-507-6330 Inspiration exists but it has to find you working. Instagram.com/libertydickinsonart City Council 21 — 655 5/6/2025 City Council 21 — 656 5/6/2025 Comment #11 Zuni2a Diana From: Barney Richer <bricher@gmail.com> Sent: Monday, March 31, 2025 10:54 AM To: eComment; depenaloza@santa-ana.org; Amezcua, Valerie; Ramirez, Frida Subject: Support for Item 22 - Transit Zoning Code (SD-84) Amendments Attachments: 20250226_112608.heic; 20250226_112620.heic; 20250226_134334.heic; 6171766880068526500 (1).heic;-6464989058942883764 (1).heic; -6648894922711158278 (1).heic Attention: This email originated From outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhood. am especially concerned with Madison Disposal next door to the Train Station as they are in my opinion the largest of the offenders. They are in constant violation of the AQMD requirements by allowing dust and debris to leave their facility on a daily basis blanketing the area for miles. This disposal center is no longer a community dump for local contractors and landscapers but rather a shortcut for Ware Disposals full sized trash trucks. Madison Ware has been abusing this neighborhood for over 20 years and has done nothing to improve the infrastructure of the site that could mitigate the bad air quality as proven by a recent UCI study putting the area in the top 90% of bad air quality. Madison Ware has had their opportunities to add professional misting systems and undercarriage wash systems to control the dust and particulate matter but the time for those upgrades has long passed. Worse than the dust is the long term health issues that local long time residents have expressed everytime this topic comes up. Out- hope is that this amendment will help force out this facility before the costly (for all patties including taxpayers) process of having to get Attorneys and Law Firms involved to expedite their removal. Elimination of Madison/Ware would also greatly decrease the traffic in the area. This would allow easier access to the Train Station for all, allowing it to become the Urban Transportation Hub that many people believe it could be. Currently there is a constant line of trucks blocking the roadway and new bike paths for anyone entering the area from the 4th street side. What other businesses are allowed to cue their customers on city streets? These amendments also provide the city with an essential tool to address the other bad actors who are negatively affecting the quality of life in the neighborhood, such as the metal recycling facilities next to Garfield Elementary School. With these amendments, we City Council 21 — 657 5/6/2025 can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Barney Richer bricheragmail.com Ward 6 City Council 21 — 658 5/6/2025 Nzal Pm ��'f 'N A � 1 J �I amm ..Now .ru•e• � 1 1 �1 a -mom' ' OEM- - •. Ap' ilk k b r ti J. Op+ e. �.. t - .� �' � - Imp �r r- - - - Ammmra.s& A �. ��v �\ 1 City Council 21 — 660 - — • 5/6/2025 s 0*6 do ems`• _ . ru 40 I Comment #12 Zuni2a Diana From: Rachel Kraus -Lee <rkrauslee@gmail.com> Sent: Monday, March 31, 2025 3:22 PM To: Amezcua, Valerie; depenaloza@santa-ana.org; eComment Subject: Support for Item 22 Attention: This email originated fi-otn outside of City of Santa Ana Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhoods. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for responsible business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Rachel Kraus -Lee Ward 6 City Council 21 — 662 5/6/2025 Comment #13 Zuni2a Diana From: Jenna Zech <Jennaz@ppsocal.com> Sent: Monday, March 31, 2025 6:40 PM To: Phan, Thai Cc: eComment Subject: Re: Zoning Ordinance Amendment No. 2024-02 - Agenda item no. 22 Attention: This email orizinatcd from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Councilmember Phan, I'm writing to you today regarding the SD-84 TZC Rezoning proposal. I recognize that you've heard from many stakeholders —both residents and business owners —and while the discussion has grown somewhat tense, I remain hopeful that tomorrow's meeting will be guided by level-headed deliberation and a shared desire for a mutually beneficial outcome. I am a fourth -generation owner of Pacific Plumbing of Santa Ana. Our company has proudly served this community since 1929, and with a deep appreciation for our long-standing relationship with Santa Ana, I am fully committed to building a prosperous and sustainable future here. That said, some of the vague language in the rezoning proposal being brought forward puts my future in jeopardy. Many of the current proposed compromises seem tailored to long-time business owners nearing retirement. While I deeply respect their contributions, these short -tern allowances simply do not work for a younger businesswoman with a bright vision for the future. The truth is that if the initiative were to be approved, it would directly impact property values to the point where I could not reinvest in Santa Ana. Relocating to an industrial area would not be financially feasible, nor would I be able to improve the building or grow the business to better serve our community. I understand why some short -tern concessions have leaned towards their concerns —they have been the most vocal —but I am speaking up now to ask for a broader, future -focused perspective. I am asking you to vote no tomorrow on SD-84. I am asking for the chance to collaborate with the city on a path forward —one that supports economic vitality, honors our history, and empowers the next generation of Santa Ana's business community. I appreciate your time and the work you do. I look forward to seeing you at tomorrow's meeting. Respectfully, Jenna Zech SINCE 1929 PACIFIC PaURIA9 a0INON OF SOUTHERN CALWORNIA Jenna Zech I'acific Phnnbmg gf.Snuthern ('alifnrnua P 714-547-6967 x210 E iennaz(or)ppsocal.com W www.pacificplumbingsocal.com City Council 21 — 663 5/6/2025 Comment #14 Becerra, Alexis From: Jamie Glazer <jamie.b.glazer@gmail.com> Sent: Tuesday, April 1, 2025 10:24 AM To: eComment Subject: Agenda Item #22 Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear City of Santa Ana, My family has owned the industrial property at 1101 E. 6th Street for years, and I am demanding that you halt your reckless rezoning plans. Stripping our property of its current zoning is nothing short of an attack on our livelihood. This property generates income that supports my family —your proposed changes would literally take food off our table. Beyond devastating us personally, your decision would be a financial disaster for the City of Santa Ana. The business on our site contributes over $2,000,000 annually in sales tax. Choking out businesses like ours will erode the city's financial foundation, making your decision not just unethical but also economically reckless. If you strip our zoning rights and prevent new permits, you will intentionally devalue our property, making it impossible to rent, which seems to be your goal. This is government -sanctioned theft, plain and simple. If you're so determined to take our property, then pay us full market value upfront —don't bleed us dry until we're forced to sell for pennies on the dollar. Your actions are unjust, and we will not stand by while you destroy what we've worked for. Do the right thing —leave our zoning alone. Jamie Glazer (714) 240-4783 City Council 21 — 664 5/6/2025 Comment #15 Becerra, Alexis From: LMFTGonzalez <LMFTGonzalez@proton.me> Sent: Monday, March 31, 2025 9:46 PM To: eComment; Penaloza, David; Amezcua, Valerie Subject: Support For Item 22 Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Support for Item 22 Dear Mayor Amezcua and Members of the City Council, I am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhoods. I appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for responsible business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. I encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, Martha Gonzalez Ward 6 City Council 21 — 665 5/6/2025 Comment #16 Zuni2a Diana From: Jenna Zech <Jennaz@ppsocal.com> Sent: Monday, March 31, 202S 6:41 PM To: Vazquez, Benjamin Cc: eComment Subject: Re: Zoning Ordinance Amendment No. 2024-02 - Agenda item no. 22 Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Councilmember Vazquez, I'm writing to you today regarding the SD-84 TZC Rezoning proposal. I recognize that you've heard from many stakeholders —both residents and business owners —and while the discussion has grown somewhat tense, I remain hopeful that tomorrow's meeting will be guided by level-headed deliberation and a shared desire for a mutually beneficial outcome. I am a fourth -generation owner of Pacific Plumbing of Santa Ana. Our company has proudly served this community since 1929, and with a deep appreciation for our long-standing relationship with Santa Ana, I am fully committed to building a prosperous and sustainable future here. That said, some of the vague language in the rezoning proposal being brought forward puts my future in jeopardy. Many of the current proposed compromises seem tailored to long-time business owners nearing retirement. While I deeply respect their contributions, these short -tern allowances simply do not work for a younger businesswoman with a bright vision for the future. The truth is that if the initiative were to be approved, it would directly impact property values to the point where I could not reinvest in Santa Ana. Relocating to an industrial area would not be financially feasible, nor would I be able to improve the building or grow the business to better serve our community. I understand why some short -tern concessions have leaned towards their concerns —they have been the most vocal —but I am speaking up now to ask for a broader, future -focused perspective. I am asking you to vote no tomorrow on SD-84. I am asking for the chance to collaborate with the city on a path forward —one that supports economic vitality, honors our history, and empowers the next generation of Santa Ana's business community. I appreciate your time and the work you do. I look forward to seeing you at tomorrow's meeting. Rcspectfu l ly, Jenna Zech SINCE I919 PACIFIC PLRMBI HG OF SOUTHERN CAUFORNIA Jenna Zech Pacific Plumbing of.5'owbern C'alifbrnia P 714-547-6967 x210 E icnnaz(a ppsocal.com W www.pacificplumbinasocal.com City Council 21 — 666 5/6/2025 Comment #17 Becerra, Alexis From: Mark Law <mlaw92626@gmail.com> Sent: Monday, March 31, 2025 9:22 PM To: eComment Cc: mlaw92626@gmail.com Subject: Written comments regarding Agenda Item 22, April 1, 2025 Santa Ana City Council Meeting Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. March 31, 2025 My name is Mark Law. I am one of 3 members of FLP Investments LLC, the owner of the building and property at 911 N. Poinsettia St. We bought the building in 2001 after a year -long search and were pleased with the location and architecture that Burke developed for the 8 buildings they built in the project, working closely with the city of Santa Ana. Imagine our surprise in 2010, 8 short years after our building was first occupied, when the City of Santa Ana presented the Renaissance Plan in which they would take away our entitled zoning and rezone our property residential and open space with no compensation to us, the existing property owner. There was outrage among the property and business owners, many meetings, and the result was the industrial overlay on the underlying residential zoning. While not satisfied, the property and business owners finally concluded they could live with this zoning structure. Fast forward 15 years, now the city feels, in the words of the executive director of the city planning committee, that change has not happened fast enough. Their solution is to remove the overlay and subject the business and property owners to a steep devaluation of their property and huge financial and human cost to the existing businesses to relocate. The rationale was presented to us at the train station by Margarita saying that this decision was based on 'environmental justice'. If 'environmental justice' is driving this effort why hasn't the city gone after the handful of businesses who the entire community knows are the bad actors? Instead, this effort to remove the overlay in the transit district is targeting all 120+ industrial property owners/business owners in the district. A number of the local residents agree that the bad actors must go, not all the industrial businesses that have been good neighbors over the years. The business which has occupied our building at 911 Poinsettia is an industrial distributor, selling hose, fittings, valves, and the like to customers who are repairing their hydraulic and pneumatic equipment. The business gets one UPS and FEDEX delivery in the morning, and one City Council 21 — 667 5/6/2025 pickup in the late afternoon. That is less UPS, FEDEX, and Amazon traffic than any Orange County residential neighborhood these days. The business is quiet and clean and has never had a complaint from the surrounding neighborhoods. I know that many of the businesses in the Transit District are just as quiet and clean. We feel that the city is acting in bad faith here, threatening our constitutional rights as property owners. The reason change has not occurred in the last 15 years since the Renaissance Plan is that buying up property in the transit district for a residential project does not pencil at current market values for the property. If the city thinks that artificially driving down the value of the existing properties so that residential developers may consider developments in the transit district is fair to the existing property owners, they are missing current realities. One glaring example of this transpired in Irvine recently when the city council was considering a large warehouse taking up a city block in the Irvine Business Center (IBC). The city denied approval but negotiated with the owners that if they built a residential project, they could keep their industrial zoning for the property. The city did this to avoid litigation for devaluing the property. The City of Santa Ana may want to consider things from this perspective as well. The city has an opportunity here to extend the moratorium and table any action on the zoning changes until a solution acceptable to all stakeholders can be found and implemented. The compressed window of time given to the stakeholders was not adequate for them to digest the proposed changes and research potential solutions in partnership with the city. Mark Law FLP Investments LLC 714-812-2014 mlaw92626@gmail.com City Council 21 — 668 5/6/2025 Comment #18 Zuni2a Diana From: Jenna Zech <Jennaz@ppsocal.com> Sent: Monday, March 31, 2025 6:42 PM To: Lopez, Jessie Cc: eComment Subject: Re: Zoning Ordinance Amendment No. 2024-02 - Agenda item no. 22 Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Councilmember Lopez, I'm writing to you today regarding the SD-84 TZC Rezoning proposal. I recognize that you've heard from many stakeholders —both residents and business owners —and while the discussion has grown somewhat tense, I remain hopeful that totnorrow's meeting will be guided by level-headed deliberation and a shared desire for a mutually beneficial outcome. I am a fourth -generation owner of Pacific Plumbing of Santa Ana. Our company has proudly served this community since 1929, and with a deep appreciation for our long-standing relationship with Santa Ana, I am folly committed to building a prosperous and sustainable future here. That said, some of the vague language in the rezoning proposal being brought forward puts my future in jeopardy. Many of the current proposed compromises seem tailored to long-time business owners nearing retirement. While I deeply respect their contributions, these short -terra allowances simply do not work for a younger businesswoman with a bright vision for the future. The truth is that if the initiative were to be approved, it would directly impact property values to the point where I could not reinvest in Santa Ana. Relocating to an industrial area would not be financially feasible, nor would I be able to improve the building or grow the business to better serve our cotntnunity. I understand why some short-term concessions have leaned towards their concerns —they have been the most vocal —but I am speaking up now to ask for a broader, future -focused perspective. 1 am asking you to vote no tomorrow on SD-84. I am asking for the chance to collaborate with the city on a path forward — one that supports economic vitality, honors our history, and empowers the next generation of Santa Ana's business community. appreciate your time and the work you do. I look forward to seeing you at tomorrow's meeting. Rcspectfu l ly, Jenna Zech SINCE 1919 PACIFIC PLUMB NG OF SOUTHERN CALIFORNIA Jenna Zech Pacific Plumbing gf.5'owbern C'alifbrnia P 714-547-6967 x210 E lcnnazg/ppsocal.coin W www.pacificplumbinasocal.com City Council 21 — 669 5/6/2025 Comment #19 Zuni2a Diana From: Jenna Zech <Jennaz@ppsocal.com> Sent: Monday, March 31, 202S 6AS PM To: Bacerra, Phil Cc: eComment Subject: Re: Zoning Ordinance Amendment No. 2024-02 - Agenda item no. 22 Attention: This email originated from outside of Citv of Santa Ana. Use caution when opening attachments or links. Dear Councilmember Bacerra, It was great to meet you last week at the meeting with the planning commission regarding the SD-84 rezoning proposal. I really appreciate the time you took speaking with us afterwards. With that on the mind, I'm writing to you today regarding the SD-84 TZC Rezoning proposal. I recognize that you've heard from many stakeholders —both residents and business owners —and while the discussion has grown somewhat tense, I remain hopeful that tomorrow's meeting will be guided by level-headed deliberation and a shared desire for a mutually beneficial outcome. I am a fourth -generation owner of Pacific Plumbing of Santa Ana. Our company has proudly served this community since 1929, and with a deep appreciation for our long-standing relationship with Santa Ana, I am fully committed to building a prosperous and sustainable future here. That said, some of the vague language in the rezoning proposal being brought forward puts my future in jeopardy. Many of the current proposed compromises seem tailored to long-time business owners nearing retirement. While I deeply respect their contributions, these short-term allowances simply do not work for a younger businesswoman with a bright vision for the future. The truth is that if the initiative were to be approved, it would directly impact property values to the point where I could not reinvest in Santa Ana. Relocating to an industrial area would not be financially feasible, nor would I be able to improve the building or grow the business to better serve our community. I understand why some short-term concessions have leaned towards their concerns —they have been the most vocal —but I am speaking up now to ask for a broader, future -focused perspective. I am asking you to vote no tomorrow on SD-84. I am asking for the chance to collaborate with the city on a path forward — one that supports economic vitality, honors our history, and empowers the next generation of Santa Ana's business community. I appreciate your time and the work you do. I look forward to seeing you at tomorrow's meeting. Respectfully, Jenna Zech SINCE I929 - PACIFIC P F_ 4J R1, lJ 6 I N G Of SOUTHERN CA11FORNIA Jenna Zech Pacific Phul►bin- (#'Southcrrr CC11iful•170 P 714-547-6967 x2 10 E iennaznppsocal.com W www.pacificplumbingsocal.co►n City Council 21 — 670 5/6/2025 City Council 21 — 671 5/6/2025 Comment #20 Zuni2a Diana From: Jenna Zech <Jennaz@ppsocal.com> Sent: Monday, March 31, 2025 6:46 PM To: Hernandez, Johnathan Cc: eComment Subject: Re: Zoning Ordinance Amendment No. 2024-02 - Agenda item no. 22 Attention: This email orizinated from outside of City of Santa Ana. Use caution %vhcn opening attachments or links. Dear Councilmember Hernandez, I'm writing to you today regarding the SD-84 TZC Rezoning proposal. I recognize that you've heard from many stakeholders —both residents and business owners —and while the discussion has grown somewhat tense, I remain hopefitl that tomorrow's meeting will be guided by level-headed deliberation and a shared desire for a mutually beneficial outcome. I am a fourth -generation owner of Pacific Plumbing of Santa Ana. Our company has proudly served this community since 1929, and with a deep appreciation for our long-standing relationship with Santa Ana, I am fully committed to building a prosperous and sustainable future here. That said, some of the vague language in the rezoning proposal being brought forward puts my future in jeopardy. Many of the current proposed compromises seem tailored to long-time business owners nearing retirement. While I deeply respect their contributions, these short -tern allowances simply do not work for a younger businesswoman with a bright vision for the future. The truth is that if the initiative were to be approved, it would directly impact property values to the point where I could not reinvest in Santa Ana. Relocating to an industrial area would not be financially feasible, nor would I be able to improve the building or grow the business to better serve our community. I understand why some short -tern concessions have leaned towards their concerns —they have been the most vocal —but I am speaking up now to ask for a broader, future -focused perspective. 1 am asking you to vote no tomorrow on SD-84. I am asking for the chance to collaborate with the city on a path forward —one that supports economic vitality, honors our history, and empowers the next generation of Santa Ana's business community. appreciate your time and the work you do. I look forward to seeing you at tomorrow's meeting. Rcspectfu l ly, Jenna Zech SINCE I919 PACIFIC PLRMBI HG OF SOUTHERN CAUFORNIA Jenna Zech Pacific Phimbi 7g of .S'owbern C'alifbrnia P 714-547-6967 x210 E icnnaz(a_ppsocal.com W www.pacificplumbinasoca1.com City Council 21 — 672 5/6/2025 Comment #21 Zuni2a Diana From: Jenna Zech <Jennaz@ppsocal.com> Sent: Monday, March 31, 2025 6:47 PM To: Penaloza, David Cc: eComment Subject: Re: Zoning Ordinance Amendment No. 2024-02 - Agenda item no. 22 Attention: This email orizinatcd from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Councilmember Penaloza, I'm writing to you today regarding the SD-84 TZC Rezoning proposal. I recognize that you've heard from many stakeholders —both residents and business owners —and while the discussion has grown somewhat tense, I remain hopeful that tomorrow's meeting will be guided by level-headed deliberation and a shared desire for a mutually beneficial outcome. I am a fourth -generation owner of Pacific Plumbing of Santa Ana. Our company has proudly served this community since 1929, and with a deep appreciation for our long-standing relationship with Santa Ana, I am fully committed to building a prosperous and sustainable future here. That said, some of the vague language in the rezoning proposal being brought forward puts my future in jeopardy. Many of the current proposed compromises seem tailored to long-time business owners nearing retirement. While I deeply respect their contributions, these short -tern allowances simply do not work for a younger businesswoman with a bright vision for the future. The truth is that if the initiative were to be approved, it would directly impact property values to the point where I could not reinvest in Santa Ana. Relocating to an industrial area would not be financially feasible, nor would I be able to improve the building or grow the business to better serve our community. I understand why some short -tern concessions have leaned towards their concerns —they have been the most vocal —but I am speaking up now to ask for a broader, future -focused perspective. I am asking you to vote no tomorrow on SD-84. I am asking for the chance to collaborate with the city on a path forward —one that supports economic vitality, honors our history, and empowers the next generation of Santa Ana's business community. I appreciate your time and the work you do. I look forward to seeing you at tomorrow's meeting. Respectfully, Jenna Zech POKE 1929 PACIFIC PaURIA9 a0INON OF SOUTHERN CALWORN1A Jenna Zech I'acific Phnnbmg gf'.Sorlthern Califnrnua P 714-547-6967 x210 E iennaz(or)ppsocal.com W www.paciftcplumbingsocal.com City Council 21 — 673 5/6/2025 Comment #22 Zuni2a Diana From: mike@tardifsheetmetal.com Sent: Tuesday, April 01, 2025 11:02 AM To: Harvey Beigle Cc: Bob Adams; eComment Subject: FW: Santa Ana Council SD-84 Public Hearing ... 4-1-2025;; Reed Thoams Company Attachments: Letter4.01.25 city of sanra ana.pdf Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. GREAT letter Harvey! Also send your letter here before the meeting: eComment(a.santa-ana.org From: Harvey Beigle <harveyb@reedthomas.com> Sent: Tuesday, April 1, 2025 10:53 AM To: Councilmember Benjamin Vazquez <bvazquez@santa-ana.org>; Councilmember Bacerra <pbacerra@santa-ana.org>; Mayor Amezcua <vamezcua@santa-ana.org>; Mayor Pro Tern Phan <tphan@santa-ana.org>; Councilmember Jessie Lopez <jlopez@santa-ana.org>; jryanhernandez@santa-ana.org Cc: Councilmember Penaloza <dpenaloza@santa-ana.org> Subject: Santa Ana Council SD-84 Public Hearing ... 4-1-2025;; Reed Thoams Company Dear Mayor Amezcua and Council members, Attached please find a letter about Reed Thomas Company and the impacts the proposal would have in unfairly punishing our business. You are all invited to reach out to me. Kind Regards, Harvey Beigle Reed Thomas company Cell 714 325-2808 City Council 21 — 674 5/6/2025 To: City of Santa Ana Mayor and Council members Date: March 25, 2025 Re: SD-84 Transit Zoning Code Dear City of Santa Ana Mayor and Council members: I am writing to express serious concerns regarding the proposed regulation, which would significantly hinder our ability to continue operating in a sustainable manner. Reed Thomas Company, is located at 1025 N. Santiago Street in Santa Ana. We are a general engineering contractor performing work across four counties on various construction projects. Our facility is situated within an M2-zoned industrial area and serves as a critical service center for our field operations. Our business operates approximately 12 to 16 hours per day, with service trucks, material trucks, and mechanics departing the yard normally around 5:30 AM and returning between 6:00 PM and 8:00 PM, up to six days a week. It is important to note that during the day, our yard and shop remain relatively quiet since the majority of our work takes place off -site at construction projects throughout the region. The proposed ordinance includes the following regulations that will severely disrupt our operations: • The proposed hours of operation: Restricting activities to 7:00 AM to 8:00 PM on weekdays and 10:00 AM to 8:00 PM on Saturdays —are incompatible with the operational realities of our industry. Adherence to these proposed hours is not possible, as it would severely impair our ability to meet contractual obligations and maintain project schedules. All work to be done indoors: The proposed regulation would require all work to be done indoors. We perform routine maintenance and moderate repairs on our large Trucks, trailers and some tractors outside, as many of them do not fit inside our building. Also, the proposed regulation prohibits us from increasing the size of our building under this proposed regulation. Noise levels: The proposed regulation limits of noise level to 60 decibels. A normal conversation between two people is about 65 decibels. The ambient noise level in our yard, at 5am, before v,e operate, is between 67 and 71 decibels This noise is from the 5 freeway and Santiago Street. Noxious use: We are concerned that the proposed regulation could classify a business as a noxious use. Once classified as noxious, this proposed regulation would eliminate legal nonconforming status on that property, and does not allow a less intensified industrial business to occupy that building or property. It is important to highlight that for the past 36 years, Reed Thomas Company has operated at this location without a single complaint from neighboring businesses or residents. While we frilly support the City's efforts to address businesses that are truly creating nuisances, it is both City Council 21 — 675 5/6/2025 unfair and unjust to apply such sweeping regulations to responsible operators like ourselves, who are compliant and have demonstrated a longstanding commitment to operating in a lawful and respectful manner. In conclusion, I urge the Council to extend the moratorium. We believe it requires substantial revision before being brought forward for approval. Most importantly, the City should conduct site -specific assessments to gain a clear understanding of the nature of businesses affected and their essential role in supporting the region's economy and infrastructure. I respectfully ask the Council to recognize that one -size -fits -all regulations are neither fair nor effective and that responsible operators should not be penalized for the actions of a small number of bad actors. We invite you all to visit our site and learn more about our business. Thank you for your time and consideration of this important matter. Sincerely, Harvey Beigle Reed Thomas Company, Inc. 714-325-2808 City Council 21 — 676 5/6/2025 Comment #23 Becerra, Alexis From: Harvey Beigle <harveyb@reedthomas.com> Sent: Tuesday, April 1, 2025 11:22 AM To: eCom ment Subject: FW: Santa Ana Council SD-84 Public Hearing...4-1-2025;, Reed Thoams Company Attachments: Letter 4.01.25 city of sanra ana.pdf Attention: This email originated from outside of City of Santa AmL Use caution when opening attachments or links. 77 7� From: Harvey Beigle <harvevb@reedthomas.com> Sent: Tuesday, April 1, 2025 10:53 AM To:'Councilmember Benjamin Vazquez' <bvazquez@santa-ana.org>; 'Councilmember Bacerra' <pbacerra@santa- ana.org>; 'Mayor Amezcua' <vamezcua@santa-ana.org>; 'Mayor Pro Tern Phan' <tphan@santa-ana.org>; 'Councilmember Jessie Lopez' <ilopez@Santa-ana.org>;'iryanhernandez@santa-ana.org' <iryanhernandez@santa- ana.org> Cc: 'Councilmember Penaloza' <dpenaloza@santa-ana.org> Subject: Santa Ana Council SD-84 Public Hearing ... 4-1-2025;; Reed Thoams Company 77 Dear Mayor Amezcua and Council members, Attached please find a letter about Reed Thomas Company and the impacts the proposal would have in unfairly punishing our business. 77 You are all invited to reach out to me. Kind Regards, 77 Harvey Beigle Reed Thomas company Cell 714 325-2808 City Council 21 — 677 5/6/2025 To: City of Santa Ana Mayor and Council members Date: March 25, 2025 Re: SD-84 Transit Zoning Code Dear City of Santa Ana Mayor and Council members: I am writing to express serious concerns regarding the proposed regulation, which would significantly hinder our ability to continue operating in a sustainable manner. Reed Thomas Company, is located at 1025 N. Santiago Street in Santa Ana. We are a general engineering contractor performing work across four counties on various construction projects. Our facility is situated within an M2-zoned industrial area and serves as a critical service center for our field operations. Our business operates approximately 12 to 16 hours per day, with service trucks, material trucks, and mechanics departing the yard normally around 5:30 AM and returning between 6:00 PM and 8:00 PM, up to six days a week. It is important to note that during the day, our yard and shop remain relatively quiet since the majority of our work takes place off -site at construction projects throughout the region. The proposed ordinance includes the following regulations that will severely disrupt our operations: • The proposed hours of operation: Restricting activities to 7:00 AM to 8:00 PM on weekdays and 10:00 AM to 8:00 PM on Saturdays —are incompatible with the operational realities of our industry. Adherence to these proposed hours is not possible, as it would severely impair our ability to meet contractual obligations and maintain project schedules. All work to be done indoors: The proposed regulation would require all work to be done indoors. We perform routine maintenance and moderate repairs on our large Trucks, trailers and some tractors outside, as many of them do not fit inside our building. Also, the proposed regulation prohibits us from increasing the size of our building under this proposed regulation. Noise levels: The proposed regulation limits of noise level to 60 decibels. A normal conversation between two people is about 65 decibels. The ambient noise level in our yard, at 5am, before v,e operate, is between 67 and 71 decibels This noise is from the 5 freeway and Santiago Street. Noxious use: We are concerned that the proposed regulation could classify a business as a noxious use. Once classified as noxious, this proposed regulation would eliminate legal nonconforming status on that property, and does not allow a less intensified industrial business to occupy that building or property. It is important to highlight that for the past 36 years, Reed Thomas Company has operated at this location without a single complaint from neighboring businesses or residents. While we frilly support the City's efforts to address businesses that are truly creating nuisances, it is both City Council 21 — 678 5/6/2025 unfair and unjust to apply such sweeping regulations to responsible operators like ourselves, who are compliant and have demonstrated a longstanding commitment to operating in a lawful and respectful manner. In conclusion, I urge the Council to extend the moratorium. We believe it requires substantial revision before being brought forward for approval. Most importantly, the City should conduct site -specific assessments to gain a clear understanding of the nature of businesses affected and their essential role in supporting the region's economy and infrastructure. I respectfully ask the Council to recognize that one -size -fits -all regulations are neither fair nor effective and that responsible operators should not be penalized for the actions of a small number of bad actors. We invite you all to visit our site and learn more about our business. Thank you for your time and consideration of this important matter. Sincerely, Harvey Beigle Reed Thomas Company, Inc. 714-325-2808 City Council 21 — 679 5/6/2025 Comment #24 Becerra, Alexis From: Ian MacMillan <ian@ocisewing.com> Sent: Tuesday, April 1, 2025 11:31 AM To: eComment Subject: FW: ZOA No 2024-02, AA No 2024-3 Attachments: Letter to the City of Santa Ana 4-1-2025.docx Attention: This email originated from outside of City of Santa Ana- Use caution when opening attachments or links. To whom it may concern Enclosed are my comments in reference to the City Council hearing April 1" 2025 Have a great Day, Ian MacMillan City Council 21 — 680 5/6/2025 Ian MacMillan 608 E 4'" Street Santa Ana, CA 92701 April 1, 2025 City Council of Santa Ana City of Santa Ana Planning Commission Subject: Transit Zoning Ordinance Amendment The considered Zoning changes in my opinion are going to create an extreme hardship to many local businesses in the area. We've been in the Santa Ana community since 2081 and remain committed to servicing the community respectfully. The importance of a heathy environment for the community is of our utmost concern, we do everything possible to be a good neighbor and have never had a complaint. I feel that some changes being proposed will have a detrimental effect not only business but also the community, many local businesses have numerous employees that live in local community, their jobs may be in jeopardy if forced to move. I believe the local business are very valuable of the city of Santa Ana and the economic support of the community. There are a number of business that are causing a lot of issues in the community, which changes are understandably and necessary, the city has responsibility to address these issues, but to make the changes to the entire area crates a huge financial burden on a majority of the good operators. For example, the proposed change, no loading or unloading and of trucks on the city streets, there's several family owned markets that will be adversity effected by this change including 711 on the corner of Grand and 4'f', there's no way for the delivery trucks to park in the small parking lot. Please reconsider some the zoning changes that are being proposed to take into consideration the financial and operating burdens on most business. Thank you for your attention to these concerns. Respectfully, Ian MacMillan City Council 21 — 681 5/6/2025 Comment #25 Flores, Dora From: Roger Simon <roger@pioneertrailersales.com> Sent: Tuesday, April 1, 2025 1:32 PM To: eComment Subject: tonight's meeting and my email to the council Attention: This email ori-inated froiu outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor and Colunciltrtembers, I grew up in Santa Ana, received a fine education in Santa Ana and worked at our family business in Santa Ana for almost 50 years. Our family still owns and leases industrial property in Santa Ana. While our property is outside SD-84, I'd like to address the proposed Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 Amending Certain Sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code that will be looked at by the Council tonight. This proposed ordinance is a bad idea for many reasons. The reasons these changes are claimed to be needed are contradictory to reality. A claim is made that this will reduce air pollution. This claim is false because the largest polluters in SD-48 are the thousands of automobiles operating through the area on Interstate 5, 17th Street, Grand Avenue and other streets and the dozens of trains operating daily on the tracks running north and south. A claim is made that this will reduce traffic_ This claim is false because as industrial uses decline and residential conversions increase massive heavy vehicle traffic will occur for years as multistory high density housing is built out which will be followed by hundreds more automobiles on streets that are no wider than they are now. A claim is made that this will reduce the area's drug and homeless problems. This claim is false because existing residential areas in SD-84 and the rest of Santa Ana have drug and homeless problems. Changing the demographics in SD-84 will not eliminate the drug and homeless problems. Santa Ana's Vision as stated at the beginning of the agenda for tonight's meeting includes "Neighborhood pride • Thriving economic climate_" Businesses„ like residents, have pride in the SD-84 neighborhood and are an important part of the economic climate. This will be harmed if the proposed changes are enacted. Santa Ana's Mission as stated at the beginning of the agenda for tonight's meeting includes "To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth._." Eliminating businesses reduces the prosperous economic environment and eliminates opportunities (jobs) for youth. City Council 21 — 682 5/6/2025 Santa Ana's Guiding Principles as stated at the beginning of the agenda for tonight's meeting includes Collaboration, Equity, Fiscal Responsibility and Transparency. From a business person's point of view, there has not been much collaboration, equity to all parties, or transparency in this process. Fiscal responsibility will be overlooked. Instead of the City using resources and existing ordinances to pursue admitted issues in SD-84 it will be using those resources to combat the lawsuits you are assured will filed opposing the amended ordinance. It was stated in one of the meetings on this subject that about half of the neighborhoods in Santa Ana were mixed use like Logan and Lacey. This used to be a matter of pride. If it is now a matter of contention SD-84 will be a warning signal to businesses throughout the City of what will be coming to their neighborhoods. It will be a warning signal to businesses considering locating in Santa Ana to seek their opportunity elsewhere. Thanks for listening. Instead of enacting this proposed amendment, please work collaboratively with businesses and residents to find satisfactory solutions for all parties. Sincerely - Roger City Council 21 — 683 5/6/2025 Comment #26 Flores, Dora From: Lauren Medina <Iaurenmedina2010@gmail.com> Sent: Tuesday, April 1, 2025 1:32 PM To: eComment; Penaloza, David; Amezcua, Valerie Subject: Support for Item Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M 1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhoods. appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for responsible business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. City Council 21 — 684 5/6/2025 Sincerely, Lauren Hale Ward 6 City Council 21 — 685 5/6/2025 Comment #27 Flores, Dora From: John hale <johnhale82@gmail.com> Sent: Tuesday, April 1, 2025 1:36 PM To: eComment; Penaloza, David; Amezcua, Valerie Subject: Support for Item 22 Attention: This entail ori-inated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Mayor Amezcua and Members of the City Council, am writing as a resident of the Transit Zoning Code to express my strong support for the proposed amendments to the SD-84 zoning code, and specifically the removal of the M1 and M2 industrial use overlay. These amendments are a long -overdue fix to the decades of incompatible land uses in the Lacy and Logan neighborhoods. appreciate that the proposed amendments will not force out any existing businesses currently operating within the affected areas. Rather, they will create flexibility for business owners to sell their business and for property owners to re -tenet their buildings with a broad range of businesses. This will allow for responsible business owners to continue to positively contribute to the neighborhood and prevent vacant buildings. These amendments also provide the city with an essential tool to address the bad actors who are negatively affecting the quality of life in the neighborhood, such as the dump and metal recycling facilities next to Garfield Elementary School. With these amendments, we can better encourage responsible business ownership, ultimately improving the quality of life for residents and business owners alike. encourage the City Council to approve these amendments for the benefit of the 1,500 families in the historic Logan and Lacy neighborhoods, and the city as a whole. Sincerely, John Hale Ward 6 City Council 21 — 686 5/6/2025 �� A 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. Project Location: The area within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, as depicted in the attached map. Project Applicant: City of Santa Ana Proposed Project: City Council consideration of Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) of the Santa Ana Municipal Code and to amend the City's Zoning Map. The proposed amendments include removal of industrial uses from the permitted uses table, updates to the nonconforming regulations, a new amortization process, and new operational standards applicable to businesses within the zoning district. The proposal also includes removing the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 zoning district, as shown on the City's Zoning Map. Environmental Impact: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an addendum has been prepared to the City of Santa Ana's Transit Zoning Code (SD-84) Environmental Impact Report (EIR) to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this project is within the scope of the Transit Zoning Code (SD-84) EIR No. 2006-02, State Clearinghouse (SCH) No. 2006071100, certified by the City of Santa Ana on June 7, 2010. The Transit Zoning Code (SD-84) EIR fully analyzed the potential impacts associated with the proposed code amendments. This is consistent with Section 8.06 of the City's Local Guidelines for Implementing CEQA. Action Taken by the Planning Commission on March 6, 2025: Planning Commission recommends that the City Council adopt the following: a Resolution to make findings pursuant to Public Resources Code Section 21166 and adopt the Addendum to the Transit Zoning Code Environmental Impact Report (State Clearinghouse Number No. 2006071100), a Zoning Ordinance Amendment (ZOA) No. 2024-02 to make changes to the text of the Transit Zoning Code and Amendment Application (AA) No. 2024-03 to amend the SD-84 zoning district of Chapter 41 (Zoning) of the Santa Ana Municipal Code to amend the City's Zoning Map to remove the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties in the SD-84 zoning district. VOTE: 4-2-1 (Ayes: Commissioners Oliva, Pham, Escamilla, Woo; Noes: Commissioners Benninger, Leo; Absent: Commissioner Ramos). City Council 22 — 684 5/6/2025 Meeting Details: This public hearing will be held on Tuesday, April 1, 2025 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(a�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 at MMacedonioC@santa-ana.org or (714) 667-2288. 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 espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Kristie Ha (714) 565-2627. City of Santa Ana Transit Zoning Code Area City Council 22 — 686 5/6/2025 Legend r ==; City of Santa Ana r---I Transit Zoning Code Area Miles 0 0.5 1 2 Jennifer L. Hall, CIVIC City Clerk Publish Orange County Reporter - Legals Section Date: March 19, 2025 City Council 22 — 680 5/6/2025 Community Development Agency www.santa-ana.org/cd Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Tax Equity Fiscal Responsibility Act (TEFRA) Resolution Hearing for Estrella Springs Apartments at 1108 North Harbor Boulevard, Santa Ana AGENDA TITLE Approve the Tax Equity Fiscal Responsibility Act (TEFRA) Resolution Hearing for North Harbor Housing Partners LP (the "Borrower") a Partnership of which Jamboree Housing Corporation (the "Developer"), Consisting at Least the Developer or a Related Person to the Developer and One or More Limited Partners Legal Notice published in the OC Reporter on April 25, 2025 RECOMMENDED ACTION 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "CMFA") on behalf of North Harbor Housing Partners LP (or the "Borrower"), for the benefit of Estrella Springs Apartment, FKA North Harbor Village Apartments (the "Project") to finance or refinance the acquisition, construction, improvement and equipping of Estrella Springs, a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana (the "Project"). 2. Adopt a resolution approving the issuance of revenue bonds by the CMFA in an amount not to exceed $30,000,000 to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana, California (the "Project"). RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR ESTRELLA SPRINGS 3. Preauthorize the City Manager to execute a future Subordination Agreement with JP Morgan Chase Bank, N.A. for the City's Community Development Block Grant loan agreement with North Harbor Housing Partners LP. GOVERNMENT CODE §84308 APPLIES: Yes City Council 22 — 1 5/6/2025 Tax Equity Fiscal Responsibility Act (TEFRA) Resolution Hearing for Estrella Springs May 6, 2025 Page 2 DISCUSSION The Borrower has requested the City of Santa Ana (City) to conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) hearing. The tax-exempt bonds to be issued are the sole responsibility of the Borrower. The City bears no financial or legal liability for the project or bond repayment and incurs no indebtedness. Additionally, the City was provided a draft resolution, a draft notice, a draft staff report, and a TEFRA Hearing Fee of $1,011 was required per the City's Miscellaneous Fee Schedule for the City to conduct the TEFRA hearing. A TEFRA hearing is a public hearing required by the Internal Revenue Service (IRS) for certain types of tax-exempt bond issuances, particularly those involving private activity bonds (PABs) or bonds issued by nonprofit organizations. The hearing is mandated under the Tax Equity and Fiscal Responsibility Act of 1982 and is a prerequisite for the interest on these bonds to be excluded from gross income for federal tax purposes. The primary purpose of a TEFRA hearing is to provide the public with an opportunity to comment on the proposed use of tax-exempt bond proceeds. This process ensures transparency and accountability in the allocation of public financial benefits, such as tax exemption, to private projects or nonprofit borrowers. Project Description A TEFRA hearing for this Project was already held and a TEFRA Resolution was approved on March 2, 2021. The Project is the adaptive reuse and rehabilitation of a Budget Inn Motel to create Permanent Supportive Housing studios for 89 formerly homeless veterans and those living with a mental health diagnosis. The Project has completed construction and is ready to convert from construction financing to permanent financing. The Developer now has a need to increase the permanent bond amount. This simply means that less of the bonds than originally anticipated will be paid off and will be left outstanding upon conversion to permanent financing. Since this is happening outside of the three-year plan of finance window, this triggers a technical reissuance of the Bonds, which requires an additional TEFRA hearing. The proceeds of the Bonds were used to finance or refinance the acquisition, construction, improvement, and equipping of the Project. The Borrower has requested that the CMFA participate in the issuance of one or more series of tax-exempt revenue bonds, pursuant to a single plan of financing, in a maximum aggregate principal amount of $30,000,000 (the "Bonds"). These funds are intended to finance or refinance the acquisition, construction, improvement, and equipping of the Project. However, for any portion of the Bonds to qualify as tax-exempt, a public hearing (the "TEFRA Hearing") must be conducted that allows community members the opportunity to voice their opinions regarding the use of tax-exempt bonds for the Project's financing. City Council 22 — 2 5/6/2025 Tax Equity Fiscal Responsibility Act (TEFRA) Resolution Hearing for Estrella Springs May 6, 2025 Page 3 After the TEFRA Hearing concludes, an "applicable elected representative" of the governmental unit hosting the Project, in this case, the City, must provide approval for the CMFA to issue the Bonds for the Project's financing. The bonds to be issued by the CMFA are the sole responsibility of North Harbor Housing Partners LP. The City bears no financial or legal liability for the project or bond repayment and incurs no indebtedness. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the "Foundation"), serves as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of its issuance fees with its member communities and allocates a portion of these fees to the Foundation to support local charities. At the original closing, the CMFA donated $14,616 to the City as part of this sharing of issuance fees. Subordination Agreement with JP Morgan Chase Bank In the title of the original Staff Report published on April 20, 2021, for the approval of a $1,687,047 loan agreement with North Harbor Housing Partners LP, it stated, "approve a future Subordination Agreement with JP Morgan Chase Bank, N.A." However, there was an error in the Staff Report and the Recommended Action # 2 did not include this approval. The loan for JP Morgan Chase Bank is larger than the City's Community Development Block Grant (CDBG) Loan. At the time of permanent loan conversion, JP Morgan Chase Bank (as the senior lender) will require the City to subordinate our $1,687,047 CDBG loan agreement. In order for Jamboree Housing to convert from construction financing to permanent financing for the Project, staff is requesting pre -authorization for the City Manager to execute a future Subordination Agreement with JP Morgan Chase Bank, N.A. for the City's CDBG loan agreement on behalf of the City, approved as to form by the City Attorney. This will correct the Staff Report from four years ago, and allow Jamboree Housing to close on their permanent loan financing in the future. This is a standard subordination that is customary for the City's affordable housing projects. Furthermore, Jamboree Housing will not be able to close on their permanent loan financing for the Project without this approval. FISCAL IMPACT Funds in the amount of $1,011 will be deposited into the Inclusionary Housing Fund revenue account for the TEFRA Hearing Fee — Housing Project (No. 41718002-53902). EXHIBIT(S) 1. TEFRA Resolution 2. TEFRA Hearing Notice Proof of Publication City Council 22 — 3 5/6/2025 Tax Equity Fiscal Responsibility Act (TEFRA) Resolution Hearing for Estrella Springs May 6, 2025 Page 4 Submitted By: Michael L. Garcia, Executive Director of Community Development Agency Approved By: Alvaro Nunez, City Manager City Council 22 — 4 5/6/2025 EXHIBIT 1 RESOLUTION NO. 2025- XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR ESTRELLA SPRINGS WHEREAS, North Harbor Housing Partners LP (the "Borrower") a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $30,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Santa Ana (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The recitals set forth herein are true and correct. Resolution No. 2025-XXX Page 1 of 3 City Council 22 — 5 5/6/2025 EXHIBIT 1 Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to repayment or administration of the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The City Manager and applicable Executive Directors of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 6. This resolution shall take effect immediately upon adoption. Resolution No. 2025-XXX Page 2 of 3 City Council 22 — 6 5/6/2025 EXHIBIT 1 ADOPTED this day of 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By-(j'w/" cl Andrea Garcia -Miller Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: City Clerk City of Santa Ana Resolution No. 2025-XXX Page 3 of 3 City Council 22 — 7 5/6/2025 EXHIBIT 2 ORANGE COUNTY REPORTER - SINCE 1921 - 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Lauren Sommerhauser ORRICK HERRINGTON/SANFRANCISCO 405 HOWARD ST SAN FRANCISCO, CA - 94105 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE )SS Notice Type: HRG - NOTICE OF HEARING Ad Description: NOTICE OF PUBLIC HEARING - Tuesday, May 6, 2025 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 04/25/2025 Executed on:04/25/2025 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. uiiiuuiuuuuu�uuuu�uuuIm This space for filing stamp only OR#: 3917795 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 of Santa Ana will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final. Proposed Action: The City of Santa Ana (the "City") will conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code'), at which it will hear and consider information concerning a proposed plan of financing by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $30,000,000 in outstanding aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, and development of a multifamily rental housing project located at 1108 North Harbor Boulevard, Santa Ana, California. The facilities are to be owned by North Harbor Housing Partners LP (the "Borrower') or a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner (the "Project"). The Bonds and the obligation to pay principal (or redemption price) of and interest thereon with respect thereto do not constitute indebtedness or an obligation of the City, the State of California, or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the City, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. Meetino Time and Date — This matter will be heard on Tuesday, May 6, 2025 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 two hours prior to the start 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 prior to the Council meeting at: www.santa-ana.org/agendas- and-minutes. Who To Contact For Questions - Should you have any questions, please contact Judson Brown, Housing Division Manager, at (714) 667-2241 or you can send an email to jbrown@santa-ana.org. Si tiene preguntas en espafiol, favor de Ilamar al 714-667-2241. Neu can lien lac bang tieing Viet, xin dien thoai cho Kristie Ha s6 (714) 667- 2241. If you challenge the decision on the above matter, 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 of Santa Ana at, or prior to, the public hearing. Jennifer L. Hall, CMC City Clerk 4/25/25 OR-3917795# 22-8 5/6/2025 CITY OF SANTA Councilmember-Requested Item Report DATE May 6, 2025 TOPIC Ordinance requiring monthly City inspections of Permanent Supportive Housing communities within the City of Santa Ana. COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and consider directing the City Manager to direct City staff to draft and bring back an ordinance for Council consideration that would require monthly City inspections of Permanent Supportive Housing communities within the City of Santa Ana and the posting of the results of those inspections on the City of Santa Ana's website. DISCUSSION Permanent Supportive Housing (PSH) is permanent housing in which housing assistance (such as a long-term lease or rent assistance) and supportive services are provided to assist households with at least one member with a disability in achieving housing stability. The City of Santa Ana currently has eight PSH communities with almost 400 units. The occupants of these communities and units are some of our most vulnerable community members. In February 2025, a PSH community in Santa Ana was a part of an ongoing investigation where police officers obtained and conducted a search warrant at an apartment for the sale of narcotics, including crack cocaine, heroin, methamphetamine, and fentanyl. This illegal and dangerous activity would not have been allowed to reach this magnitude if proper transparent oversight of PSH communities was in place. To allow our most vulnerable community members, especially those who are struggling to overcome drug dependency, to be exposed to rampant narcotic sales next to their homes is unacceptable. I therefore request that the City Council direct the City Manager to direct City staff to draft and bring back an ordinance for Council consideration at the August 5 City Council meeting that would require monthly City inspections of Permanent Supportive Housing communities within the City of Santa Ana and the posting of the results of those inspections on the City of Santa Ana's website. SUBMITTED BY Councilmember Phil Bacerra CITY ATTORNEY CITY MANAGER CITY CLERK snnia R r,a .Ihn Alvarn HILFi— .lpnnifpr I Hall City Counciijo CIVIC CENTER PLAZA - P.O. BOX 1988, M-3?3UNIA ANA, CALIFORNIA 92702 5/6/2025 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org o, S ANTS CITY . 1 1 1 1 U ,Tilu Councilmember-Requested Item Report DATE May 6, 2025 TOPIC Updates to the Sign Ordinance COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Directing the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Amending the Sign Code to Allow the Use of an A -Frame in Designated Commercial Areas 171*8111*4 [•] Z As I continue my efforts to support local businesses and revitalize our downtown, I recommend that the City Council consider directing staff to amend the Santa Ana Municipal Code to allow the use of A -frame (or sandwich board) signs in designated commercial areas, particularly Downtown Santa Ana, under clear and thoughtful regulations. Background Currently, Santa Ana Municipal Code Sec. 9.26.090 prohibits the placement of objects —including signs —on sidewalks and public rights -of -way. Similarly, Sec. 41-861 under our zoning code restricts signage types and locations, which effectively bans the use of A -frames in front of businesses, even when placed responsibly. However, we know that A -frame signs are a proven, low-cost marketing tool used by small businesses to increase foot traffic and communicate with pedestrians —especially in walkable, urban districts like ours. Several cities allow the placement of A -frames on sidewalks, including: • Los Altos, CA: allows A -frame signs on sidewalks with simple permitting and placement guidelines to ensure pedestrian safety. • Colorado Springs, CO: allows temporary A -frame signs to support retailers in downtown areas with clear size and location restrictions. These cities have successfully balanced the need for clear pedestrian paths with the business community's desire to attract customers and enliven commercial corridors. The policies relating to A -frames for the City of Los Altos and the City of Colorado Springs are attached as Exhibit 1 and Exhibit 2, respectively. CITY ATTORNEY CITY MANAGER CITY CLERK S'nnia R Canmlhn Alvarn Ni i6c Innnlfpr I I-Ia11 City Counci�O CIVIC CENTER PLAZA - P.O. BOX 1988, M31 S AN1A ANA, CALIFORNIA 92702 5/6/2025 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Proposal Amend Santa Ana Municipal Code Sec. 41-861 —Additional Regulations, to include language that: • Permits A -frame signs in the Downtown Specific Plan area (and/or other commercial districts as determined). • Establishes clear design, placement, and operational standards, such as: • A -frame signs shall not exceed 6 sq. ft. per side. • Must allow a minimum of 4 feet of unobstructed sidewalk. • Can only be displayed during business hours. • Must be constructed of durable, professional -grade materials. • Requires businesses to obtain a no -cost or low-cost annual permit administered by the Planning Division or Economic Development Department. • Encourages the use of A -frames for promotions, daily specials, or directional signage to activate storefront visibility and increase pedestrian engagement. Benefits • Supports local economic development and recovery, particularly for small and minority -owned businesses. • Enhances the vibrancy and walkability of Downtown Santa Ana. • Provides a business -friendly regulatory environment that mirrors successful models used across California and the U.S. Recommendation I respectfully request that the City Council consider directing staff to: study similar ordinances from cities like Los Altos and Colorado Springs, engage the downtown businesses, Chamber of Commerce, and Planning Commission, and return with a draft ordinance and implementation strategy for City Council consideration. SUBMITTED BY Councilmember Jessie Lopez EXHIBIT(S) 1. Los Altos, CA Ordinance 2. Colorado Springs, CO Policy CITY ATTORNEY CITY MANAGER CITY CLERK Snnia R Canmlhn Alvarn Ni i6c 2 Innnlfpr I I-Ial1 City Counci�O CIVIC CENTER PLAZA - P.O. BOX 1988, M31 S ANTA ANA, CALIFORNIA 92702 5/6/2025 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org City of Los Altos Planning Division (650) 947-2750 Planningglosaltosca.gov SIGNS ON CITY PROPERTY Sections: 9.26.010 - Proprietary capacity. 9.26.020 - Intent as to public forum; message substitution inapplicable. 9.26.030 - Definitions. 9.26.040 - Private party signs prohibited unless specifically allowed. 9.26.050 - Temporary signs displaying noncommercial messages. 9.26.060 - Government speech on signs; legally authorized signs. 9.26.070 - Encroachments. 9.26.080 - Banners. 9.26.090 - A -frames in certain areas. 9.26.100 - Real estate open house. 9.26.105 - A -frames in conjunction with certain non-profit activities. 9.26.110 - Immediate removal of signs on city property. 9.26.010 - Proprietary capacity. In adopting this chapter, the city acts in its proprietary capacity as to city property, as defined herein, within the city. This chapter is adopted pursuant to the city's general and police powers, California Constitution Article XI, section 7; the city's ownership rights, California Government Code sections 38774, 38775, 65000 et seq., 65850(b), 38774; Business and Professions Code sections 5200 et seq., 5230, and 5490 et seq.; Penal Code 556, and other applicable state laws. This chapter does not apply to matters covered by or regulated by the signs on private property ordinance (Chapter 14.68), or Chapters 9.24 (Public Parks) or 9.25 (Special Events). 9.26.020 - Intent as to public forum; message substitution inapplicable. When this chapter declares that certain property may function as a public forum of one particular type, that declaration shall apply only and strictly to the specified area and for the specified time period. The message substitution policy of Chapter 14.68 applies only to sections of this chapter which so state. 9.26.030 - Definitions. Definitions from Signs on Private Property, Chapter 14.68, are incorporated herein, unless modified by the following definitions, which apply specifically to this chapter. Updatt''d (�ct,999 9 i, 24 — 3 5/6/2025 City Properly. Land or other property in which the City of Los Altos holds a present right of possession and control, city road easements, and all public rights -of -way, regardless of ownership. Co -Sponsored. An event for which the city council authorizes the city to be listed as a co-sponsor, or the city bears some of the cost of the event. Heritage Event. Those community events which have been traditionally celebrated or observed in Los Altos, or are otherwise tied to community history, including the events listed in City Resolution No. 2010-32, city special event sponsorship, said resolution may be amended from time to time by the city council. Protected. Means that a message on a sign is not within one of the categories of expression which the courts have declared to be outside the protection of the First Amendment to the U.S. Constitution or the corollary provisions of the California Constitution. 9.26.040 - Private party signs prohibited unless specifically allowed. City property may be used by private parties for the display of signs only as explicitly allowed by this chapter. All other private use of city property, for display of signs, is prohibited. Any unauthorized sign posted on city property may be summarily removed by the city as a trespass and a public nuisance. 9.26.050 - Temporary signs displaying noncommercial messages. In traditional public forum areas, private persons may display temporary signs with protected noncommercial messages thereon, provided that their sign(s) conform(s) to all of the following: A. The sign(s) must be personally worn or held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council or other public body of the city is holding a public hearing or meeting which is open to the public; on such occasions, the display period is extended to thirty (30) minutes after such meeting is officially adjourned. C. The maximum aggregate size of all signs held by a single person is six square feet, measured one side only. Visible images which are displayed as part of personal apparel do not count toward this maximum. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area. D. The maximum cumulative size of signs which are personally attended by two or more persons acting in concert is twelve (12) square feet measured one side only. This rule does not apply when persons acting in concert are physically located more than one hundred (100) feet from one another. E. Signs displayed under this provision may have no more than two display faces, may not be inflated, air -activated, specially illuminated, project any sharp edges or points, emit smoke or UpdatCe�i3a,919l989iI _ 2 24 — 4 5/6/2025 fumes or sounds, pose a fire hazard or other threat to public health safety and welfare, and may not be used to obstruct or impede pedestrian or vehicular traffic. F. To serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a public roadway is open for use by moving vehicles, and persons displaying signs on public sidewalks must give clearance of at least five feet in width for pedestrians to pass by unless the sidewalk in question is less than five feet in width, in which case clearance of sufficient width shall be provided so as not to impede or block pedestrian flow on the sidewalk. Persons holding signs may not block the view or line of sight within the visibility triangle. G. The message substitution policy of Chapter 14.68 applies to this section. However, that policy does not authorize the display of commercial messages on traditional public forum areas within the city. H. The signs authorized by this section do not require a sign permit, but are subject to all other applicable permits and approvals. 9.26.060 - Government speech on signs; legally authorized signs. The following signs may be erected and displayed on city property, subject to the rules set herein: A. Traffic control and traffic directional signs erected by the city or other governmental agencies acting in scope of their authority, including temporary traffic and traffic direction signs. B. Official notices required or authorized by law or valid court order. C. Signs placed by the city in furtherance of its governmental functions. D. Signs placed by the city on city property which express the city's own message(s). E. The signs authorized by this section do not require a sign permit, but are subject to all other applicable permits and approvals. 9.26.070 - Encroachments. When authorized by Chapter 14.68, private party signs mounted on private property may project into or over city property or the public right-of-way only with an encroachment permit. Sign encroachment permits must satisfy all requirements of the sign ordinance, plus all requirements applicable to encroachments generally, plus all applicable safety codes (building, plumbing, electrical, etc.) and all city rules, regulations and policies regarding encroachments. 9.26.080 - Banners. Private parties may place banners on city -owned banner poles and across -the -street banners to promote qualifying special events, subject to the following: A. Local Special Events Only. The banners may be used only to announce and promote special events which take place within zip codes 94022 and 94024; UpdatCe'd a,919rZ�iC�.lI _ 3 24 - 5 5/6/2025 1. Open to Public. The advertised event must be suitable for persons of all ages, and must be open to the public on substantially the same basis as members of the sponsoring organization; 2. No Commercial, Religious or Political Promotions. The banner program is not open to events which are primarily commercial or profit -seeking, sectarian religious or partisan / advocacy political in nature. This does not prevent non-profit groups from holding fund- raising events, or from charging admission. 3. Expected Attendance. The special event must be organized to accommodate at least five hundred (500) attendees, or be designated by council as a heritage event. 4. This section is intended to create a limited purpose forum, the purpose of which is to promote noncommercial special events, occurring within the City, which are sponsored by local organizations or local affiliates of broader organizations, and which events are not highly controversial (such as partisan religion or politics), and which are open to all ages on substantially the same terms as members of the sponsoring organizations. B. Available Locations. This program applies to the banners in the following locations: Lincoln Park, across Main Street between First and Second Streets, Grant Road and Fremont Avenue intersection, and San Antonio Road and El Camino Real intersection. C. Display Time and Place. Qualifying special event banners may be displayed not more than fourteen (14) days in advance of the event (seven days for Lincoln Park), and not more than seven days after the event concludes. Banners advertising the same event may be displayed at up to three locations at the same time; however, no event shall be displayed concurrently in both the Lincoln Park and Main Street Banner locations. Banners for a given event may be displayed a maximum of one time per calendar year. D. Scheduling Priority. Time conflicts will be resolved based on time of the event, prioritized as follows: a) events sponsored or co -sponsored by the City of Los Altos; b) events sponsored or co -sponsored by the Town of Los Altos Hills; and c) date and time of request. E. Permits. A banner display permit is required for all private party banners. The director of recreation department shall prepare a standard form application which will also serve as a permit, when approved. Banner applications will be reviewed for compliance with the rules set forth in this section; noncomplying applications will be denied with a statement detailing the points of noncompliance. A denied application may be amended and resubmitted. Denied applications may be appealed to the director, who will hold an informal hearing on the matter, after which the applicant may appeal to the city council. Any banners installed without proper permitting may be summarily removed by the city as a trespass and a public nuisance. F. Fees. All applications will be subject to a non-refundable processing fee in an amount to be set by council resolution. When an application is approved, an additional fee may be assessed to allow the city to recover its actual costs associated with the banner display. Such costs may be reasonably estimated. G. Construction and Installation. Banners must be constructed of quality materials, and satisfy size and construction standards set by the maintenance services and recreation department. UpdatCe'd i3IS'9l98 II _ ¢ 24 — 6 5/6/2025 The event sponsor is responsible for delivering the banners to the city, which shall use its own crew to install and remove the banners. H. Insurance. The city may require that the sponsoring organization indemnify, defend and hold the city harmless, and/or have the city named as an additional insured, with minimum coverage of one million dollars ($1,000,000.00) per claim. 9.26.090 - A -frames in certain areas. Establishments with principal public entrances on city sidewalks in the downtown commercial districts, including the CRS, CRS/OAD, CD and CD/R3 districts, may display one A -frame or similar portable sign by placing it on the public sidewalk pursuant to the "City's Downtown Outdoor Display Permit Guidelines." 9.26.100 - Real estate open house. Licensed real estate brokers or salespersons and "for sale by owners" may display "open house" type signs on city property as follows: A. Display Time. Only during the hours of 9:00 a.m. to 1:30 p.m. on Fridays, and 11:30 a.m. to 6:00 p.m. on Saturdays, Sundays and legal holidays. B. Display Face. It shall not be illuminated, digital or have moving parts. C. Dimensions. May not exceed four square feet per display face (maximum two display faces per sign), plus two "riders," each not more than one square foot, and not to exceed thirty-two (32) inches in height. D. Location and Number of Signs. For any given property currently open for inspection, a maximum of one open house sign may be placed on public property at an intersection and placed so as to minimize interference with pedestrian traffic. Beyond intersections, signs are not allowed on city street medians or right-of-ways, and or within Foothill Expressway medians or right-of-ways. E. The message substitution policy of Chapter 14.68 applies to this section. F. The signs authorized by this section do not require a sign permit, but are subject to all other applicable permits and approvals. 9.26.105 - A -frames in conjunction with certain non-profit activities. Non-profit organizations engaged in fund raising activities may display temporary A -frame or similar portable sign by placing it on the public right-of-way as follows: A. Display Time. Only during the hours of 9:00 a.m. to 1:30 p.m. on Fridays, and 11:30 a.m. to 6:00 p.m. on Saturdays, Sundays and legal holidays. B. Display Face. It shall not be illuminated, digital or have moving parts. UpdatCe'd a,919rZ�iC2.lI _ 5 24 - 7 5/6/2025 C. Dimensions. May not exceed four (4) square feet per display face (maximum two (2) display faces per sign) and not to exceed thirty-two (32) inches in height. D. Location and Number of Signs. For any non-profit property currently conducting fund raising activities, a maximum of one (1) sign may be placed on public property at an intersection and placed so as to minimize interference with pedestrian traffic. Beyond intersections, signs are not allowed on city street medians or right-of-ways, or within Foothill Expressway medians or right-of-ways. E. The message substitution policy of Chapter 14.68 applies to this section. F. The signs authorized by this section do not require a sign permit, but are subject to all other applicable permits and approvals. 9.26.110 - Immediate removal of signs on city property. A. Removal. Any sign, flag or banner placed on city property in violation of the provisions of this chapter, or any sign which constitutes an immediate peril to persons or property, may be removed without prior notice by any officer or employee of the city designated to do so by the director. B. Charge for Cost of Removal. The city may recover the cost of removing signs as authorized by this section. When the city has incurred any expense in removing the sign or other matter or in repairing city property damaged because of the posting or removal of the sign or other matter, any such expense incurred shall constitute a debt owed to the city. The director or designee shall send a bill to the persons responsible for posting or causing to be posted the sign or other matter for the actual or estimated cost of removal. The director may establish administrative regulations to govern the billing procedures. Each bill shall include the cost, both direct and indirect, involved in the removal of the sign or other matter and in administering the billing procedure. The bill shall describe the basis of the amount billed by indicating the number of signs or other matter posted illegally, the time necessary for removal, the hourly cost for removal, the right to a hearing and other relevant information. The bill shall also specify a date by which the bill is to be paid which date shall be not less than fifteen (15) calendar days after the bill is mailed. C. Post Removal Hearing Regarding Signs Summarily Removed. The owner or person in charge of any lettering, advertisement, card, poster, sign or notice of any kind placed upon city property, or constituting an immediate peril to persons or property, which has been removed by an officer or employee of the city without prior notice to the owner or person in charge pursuant to this chapter is entitled to an informal hearing to be conducted by the director or designee. The request for hearing shall be made in writing to the director no later than fifteen (15) calendar days from the date the director mails the billing statement specified in subsection B. or within thirty (30) calendar days of the date of the removal, whichever occurs first. The hearing shall be limited to determining whether the lettering, advertisement, card, poster, sign, notice or other matter was located upon city property in violation of the provisions of this chapter or constituted an immediate peril to persons or property and the accuracy of the amount billed. Upon receiving a written request for the hearing, the director shall set a hearing, UpdatCe'd i IS19rZ�iC�. lI _ 6 24 - 8 5/6/2025 which shall be held within thirty (30) calendar days from the date of receipt of the request. The director shall provide written notification of the hearing to the applicant. The notification shall include the date, time and place of the hearing. Following the hearing, the director shall within ten (10) calendar days after the date of the hearing notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid, which date shall in no event be less than thirty (30) calendar days after the date of the hearing. Any person who fails to pay the amount billed to such person within the period specified therein shall also be liable for expenses incurred by the city in collecting the debt, including, but not limited to, the cost of paying city employees or other persons engaged in debt collection. D. Appeal of Decision. The director's decision may be appealed, within fifteen (15) calendar days, to the city council, which shall hold a noticed public hearing on the matter, take evidence, and issue a written decision within thirty (30) calendar days. Said decision shall be final as to internal city review. E. Return of Materials. Any lettering, advertisement, card, poster, sign or notice which has been removed under this section may be returned to the owner only upon payment to the city of the costs of removal as specified in this section. If no timely request is made for a hearing or if no demand is made for the return of the materials removed within the time permitted for requesting a hearing, the director or his designee is authorized to destroy or dispose of the removed material with no further notice. UpdatCe'd i IS19rZ�iC�. lI _ 7 24 - 9 5/6/2025 inning and Community Development Temporary Retail Signage CITY OF COLORADO SPRINGS Temporary Commercial Signs (A -Frame Signs) within the Public Right -of -Way Purpose: to describe regulations and procedures pertaining to the placement of privately owned temporary signage (specifically A -Frame Signage) in the Public Right -of Way. This worksheet does NOT address: banners attached to utility poles, banners attached to private infrastructure, real estate signs, political signs, builder directional signs and other similar items. Document Date: December 2013 Lead Agency: Colorado Springs Land Use Review — 385-5905 Secondary Agencies: Colorado Springs Engineering; Colorado Springs Traffic Engineering; Colorado Springs Utilities; Development Review Enterprise. General Regulations: 1. Temporary signs within the public right-of-way shall pertain to the adjacent private property; all others would be considered off -premise signage (i.e. billboard). City Code allows temporary off -site signs during weekends; see exception below for more information. 2. Temporary signs in the right-of-way may not be fastened to, adhered to, or installed on public infrastructure such as light poles, utility risers, fire hydrants, similar items, or the sidewalk itself; this includes commercial advertisements created using sidewalk chalk. 3. No signs shall be permitted that: a. Interrupt the normal flow of vehicular or pedestrian traffic; b. Interfere with the public's normal use of the public property upon which the structure, device or use is permitted, such as the overhang of diagonally parked automobiles or the door -opening radius of parallel parked automobiles; c. Interfere with any other device or structure lawfully existing thereon, such as parking meters, water meters, curb cuts, bus stops, or subsurface infrastructure such utility lines or communication cables. d. Interfere with sight visibility lines necessary for safe vehicular and pedestrian travel. e. Create unsafe conditions to vehicles or pedestrians using the public right-of-way. 4. The sign shall not occupy more than one -fifth (1/5) of the width of any paved sidewalk and shall not violate American Disability Act (ADA) standards. Whenever possible, devices and structures shall be installed on unpaved or unused areas of sidewalks or in connection with other devices or structures already installed which break the flow of pedestrian traffic. 5. Signs shall be secured or weighted -down in such a manner so as to prevent it from being dislodged by any natural force such as wind or slope. 6. Signage shall be placed so as to eliminate the collection of litter under and upon the same insofar as possible, and to facility cleaning of the adjacent area of litter and snow. Document Date: December 2013 City Council 24 — 10 5/6/2025 inning and Community Development Temporary Retail Signage CITY OF COLORADO SPRINGS 7. Signage shall be well maintained, kept free of rust, damage, rips, tears, frayed edges, peeling paint, and similar deterioration. 8. Express permission from the owner of the private property closest to the permit site must be granted prior to the placement of a sign within the right-of-way. In many cases, the applicant and the private property owner are one and the same. However, the applicant for a temporary retail sign is often a tenant within the adjacent building; in these cases the property owner must consent to the application. A -Frame Specific Regulations: A -Frame signs in the right-of-way must meet the following standards: • No more than one per business; • Shall not exceed 4' in height, measured from grade to the highest point of the sign; • Shall not be less than 2' in height measured from grade; • Shall not exceed 30 inches in width at its widest point; • Shall not be located in any median. • Shall be removed from the right-of-way at the close of every business day. • Shall be located: o In front of the business for which it advertises only o Outside of the pedestrian way, so as to protect the free flow of pedestrians along the sidewalk. Whenever possible, the sign should be located in the "amenity zone" or immediately adjacent to the building face. • A -Frame signs shall be located on private property if possible; revocable permits for A -Frame signs in the public right-of-way are not to be used to avoid compliance with the City's sign regulations applicable to private property. "Bandit Sign" Exception: The regulations contained within this worksheet shall not apply to signs within the right-of-way posted between the hours of one minute after twelve o'clock (12:01) P.M. on Friday through twelve o'clock (12:00) noon on Monday, as long as the following standards are met: • The sign shall not exceed six (6) square feet in area; • The sign is not placed within the Downtown Core as defined by the map below. Document Date: December 2013 City Council 24 —11 5/6/2025 CITY OF COLORADO SPRINGS DOWNTOWN CORE inning and Community Development Temporary Retail Signage Disclaimers: The Mayor and/or City Council is authorized to impose on the permittee at any time additional conditions or provisions relating to the revocable permit for the use or occupancy of public property that are reasonable and necessary to protect the public health, safety and welfare, and the safety and welfare of general City equipment and facilities. Without limiting the generality of the foregoing, the Mayor may consider the requirement of a bond or cash deposit to assure the removal of any device or structure at the expiration or in the event of revocation of the permit, or to assure the completion of the work within the required time or restore the surface of the public space to the former conditions upon completion of installation of the structure or device for which the permit is requested. Responsibility To Pay All Costs: The permittee shall pay all costs for the installation and construction of any structure on public property, and further, shall pay all costs and expenses attendant to the removal of the device, structure or use in the event the permit is rescinded. Any revocable permit may be revoked by the City Council at its pleasure in accord with City Charter section 10-100. The Mayor is authorized to revoke any revocable permit if action is deemed by the Mayor to be necessary to protect the public health, welfare, safety, necessity or convenience in the use of public property. The Mayor shall give notice in writing to the permittee at least fourteen (14) days before the effective date of revocation in order to allow permittee to appeal to City Council in accord with this part. This notice requirement shall not limit the power of the Mayor to summarily revoke any revocable permit if there is a present existing or imminent danger to the public health, safety or welfare. Document Date: December 2013 City Council 24 — 12 5/6/2025 inning and Community Development Temporary Retail Signage CITY OF COLORADO SPRINGS Indemnification: All applications for the private use and occupancy of the public right-of-way include the following indemnification statement: The permittee shall be responsible for any and all damages to property or injury to persons arising out of the exercise of the permit or the construction, installation or maintenance of any device or structure. The permittee shall indemnify and save harmless the City and all its officers, agents and employees from all suits, actions or claims of any type brought for or on account of any injuries or damages received or sustained by any person or property related to the exercise of the permit, any act or omission of the permittee, the permittee's agents or employees, or the failure of the permittee to maintain the structure or device or to provide necessary safety devices. The permittee shall defend against any suit, action or claim and pay any judgment, with costs, which may be obtained against the City, its officers, employees or agents growing out of the injury or damage. Application Process: The owner of the adjacent property and/or their agent must submit a completed Temporary Revocable Permit application and the corresponding fee to the City of Colorado Springs Land Use Review Division. If the sign to be permitted is already in use, a photograph of the sign at the desired location should be submitted with the application; the dimensions of the sign should be included. Fees: $10 per Sign Review: • The review of a revocable permit for temporary signs in the right of way takes approximately 1 to 2. • Modifications to the application and/or plan may extend the review and approval process. • Temporary encroachment permits may be issued administratively. Expiration: The expiration of the revocable permit will be clearly indicated on the approved plan. Approval periods for an A -frame permit shall not exceed one (1) year. A permit may be renewed through the submittal of a revocable permit renewal application and renewal fee. Figures: Document Date: December 2013 City Council 24 — 13 5/6/2025 CITY OF COLORADO SPRINGS North inning and Community Development Temporary Retail Signage Example of acceptable A -frame sign placement i 2- re of Z2oo r y Document Date: December 2013 t,ri, l�2_5 City Council 24 — 14 5/6/2025 CITY OF COLORADO SPRINGS Good Examples Placed within permitted cafe Placed in "amenity zone" Adjacent to building, not blocking sidewalk Document Date: December 2013 inning and Community Development Temporary Retail Signage Bad Examples Blocking sidewalk, outside cafe area WvA „1 r r I Not adjacent to advertised businesses Signs too big or too small City Council 24 — 15 5/6/2025 Finance and Management Services www.santa-ana.org/finance Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Fiscal Year 2025-26 Budget Work Study Session AGENDA TITLE Fiscal Year 2025-26 Budget Work Study Session RECOMMENDED ACTION Discuss and provide direction to staff. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City Council provided Early Direction on March 18; staff has since updated the draft budget based on City Council consensus. This report includes additional information on some of the funding options identified during the discussion. The City conducted internal budget meetings with departments from March 24 to April 4 to review supplemental budget requests and staff priorities. After comparing the requests to City Council priorities received during Early Direction and community priorities identified during budget outreach, Finance worked with the City Manager's Office to build a draft budget for the City Council's consideration. The City is accepting budget survey submissions through May 11, although City Council will review feedback received on or before April 30. Staff continues to conduct community outreach and will present the top community -identified priorities to the City Council as part of this agenda item. At a minimum, the staff presentation is expected to include the following: • Summary of community outreach and priorities • Notable additions to the General Fund Budget (one-time and recurring) • Revenue trends and estimates for significant sources • Summary of the proposed Cannabis Public Benefit Fund spending plan • Additional details regarding the potential stadium investment • Additional look into Miscellaneous Fees • Update on General Fund reconciliation and discussion of potential budget balancing measures City Council 25 — 1 5/6/2025 Fiscal Year 2025-26 Budget Work Study Session May 6, 2025 Page 2 The following section provides additional details in response to questions and feedback received during early direction. As requested, staff has included updated information and clarifications to support further discussion and potential next steps. Bristol & Edinger Parking Lot In response to a follow-up request from Early Direction, the table below provides additional detail on the scope and estimated costs for the Bristol Parking Lot Rehabilitation project. The proposed funding amount is $250,000. tsnstoi 6 Cainaer varKina LOt UOst tsrearcaown Item # Description Qty Unit Price Total Resurface lot (remove & replace 15' of 1 asphalt) 1 LS S100.000 S100.000 2 Repaint curbs 10,000 LF S 2 20,000 3 Repaint handicap parking symbols 3 EA S 320 960 4 Replace concrete wheel stops 80 EA S 135 $ 10;800 5 install ADA detectable warning panels 3 EA $ 2,030 $ 6;090 6 Install new accessibility signs 3 EA $ 466 $ 1,398 Repaint parking lot striping (lines. 7 arrows; etc.) 1 EA S 10.000 $ 10;000 8 Install metal access control gates 5 EA S 6.000 $ 30,000 9 Repaint existing fencing 1 LS S 10.000 $ 10.000 Repair landscaping and irrigation 10 systems 1 LS S 10.000 S 10.000 Construction Subtotal S199.248 10% Contingency S 19.925 15% Construction administration. S 29.887 Soft Cost Total S249.060 The Bristol & Edinger parking lot is an ideal city -owned location for public event use. Access to the site will be controlled by cattle gates, fencing, and parking wheel stops. Staff is proposing to create designated sections within the parking lot that can be rented based on area usage. The proposed fee structure is based on the updated Plaza Calle Cuatro model and is labeled as a Special Location Rental Fee. Similar to Plaza Calle Cuatro, an event's size determines which Park Facility Permit applies. Facility permit fees may vary depending on the group type, such as Resident, Non -Resident, Business, or Non -Profit organizations. The following is an example of what Santa Ana residents would pay for a three-hour reservation. Facility Event Type # Attendees Permit Fee Hourly Rate # Hours Fee Paid Minor Event 0-99 389 S 35 3 494 Moderate Event 100-250 $ 1.300 $ 35 3 1.405 Major Event 251+ $ 1,732 $ 35 3 1.837 City Council 25 — 2 5/6/2025 Fiscal Year 2025-26 Budget Work Study Session May 6, 2025 Page 3 Bus Shelter Locations As requested by the City Council, staff has identified 16 proposed locations for replacement or new bus shelters. The majority of the Council expressed support for allocating $250,000 toward this effort. This information is provided to assist in confirming the locations and finalizing funding as part of the upcoming budget discussion. Locations Replace Deteriorated Shelter Install New Shelter 17th & Bristol Marker Place X Hazard & Harbor X First & Euclid X First & Grand X Edinger & Bristol X Edinger & Standard X St. Andrew & Fairview X Warner & Harbor X Warner & Bristol X Warner & Flower X Hemlock & Bristol X Segerstrom & Bristol X MacArthur & Harbor X MacArthur & Fairview X MacArthur & Bristol X MacArthur & Main X Jail Improvements City Council expressed interest in funding improvements to the Santa Ana Jail, specifically to enhance the Pay to Stay (PTS) program, and requested additional information to support funding considerations. The proposed funding amount of $250,000 would support two primary areas: 1. Facility Improvements (70%): Approximately 70% of the funds would be allocated toward critical infrastructure repairs, including plumbing, heating systems, and general living conditions. This investment is essential to improve the physical environment, support expanded programming, and provide a more functional and humane setting for participants. 2. Program Outreach and Promotion (30%): The remaining 30% would be dedicated to ongoing outreach and advertising efforts to promote the Pay - to -Stay program. This includes targeted campaigns through legal publications, traditional media, and other outreach strategies designed to continuously raise awareness and encourage participation among eligible individuals. The Pay to Stay program offers a valuable alternative for individuals who must serve jail time but wish to maintain their employment, housing, and family responsibilities. It is especially beneficial to working-class participants seeking a structured but less disruptive City Council 25 — 3 5/6/2025 Fiscal Year 2025-26 Budget Work Study Session May 6, 2025 Page 4 environment. The program has also demonstrated strong revenue potential. In 2023, it generated $15,644 in revenue, which increased to $66,162 in 2024, reflecting growing interest and effectiveness. Code Blue Emergency Communication System Upgrade The most recent data for the Code Blue boxes is from year 2022, when 210 emergency calls were received. Since then, the phone system has been out of service, but it is reasonably estimated that up to 600 additional calls could have been made to date. Despite the phone outage, the cameras have remained fully operational and have supported multiple arrests, including two for homicide, one for a shooting, one for robbery, and one for assault with a deadly weaaon. Code Blue Boxes Calls in 2022 Code Blue 1 3rd/ Ross 37 Code Blue 2 2nd/ Broadway 39 Code Blue 3 4th/ Spurgeon 0 Code Blue 4 4th/ Main 53 Code Blue 5 3rd/ Birch 25 Code Blue 6 4th/ Birch 0 Code Blue 7 5th/ Broadway 10 Code Blue 8 Ross Annex/Plaza of the Sun 0 Code Blue 9 Hall of Admin(Bldg 10 7 Code Blue 10 Madison Park 39 Total 210 Modern Conference Space at the Senior Center on Third & Ross As requested, the following provides details on proposed usage hours and potential improvements: • Proposed Event Hours of Availability o Monday -Friday: 6PM — 11 PM o Saturday -Sunday: 8AM— 11 PM These proposed hours would not interfere with existing senior center programming, which operates: • Monday —Friday: 8AM — 5PM To enhance the space's functionality and make it more appealing for broader community use, staff identified a list of small investments that can be made in the near term. A breakdown of these recommended items is shown below. If the Santa Ana Senior Center were to host 25 five -hour events annually, the projected revenue would be based on the renter type, as shown in the table below. City Council 25-4 5/6/2025 Fiscal Year 2025-26 Budget Work Study Session May 6, 2025 Page 5 Santa ulna Senior Center Group Resident Jon -Resident Hourly Fate S 42 S 126 5-hour rental S 210 S 630 25 rentals per year S 5.250 15.750 Additionally, if the City were to pursue a full expansion of the space to double its capacity from 125 to 250 occupants, the estimated construction cost would be approximately $3.5 to $4 million (subject to further design and cost analysis). Staff is not presently recommending this option because the return on investment is not sufficient to warrant the time and resources required. Description Amount Event furniture and fixtures S 21.000 Audio/Visual equipment $ 13.000 Beverage & food service equipment 8 17.000 Office & meeting supplies S 5.000 Bingo equipment 8 8.000 Subtotal $ 64;000 Sales Tax $ 6;600 Total $ 70.600 Next Steps • May 15 has been reserved for an additional Budget Work Session to review and discuss the draft budget. • In addition, City Council is also scheduled to consider the proposed FY 2025-26 budget on May 20 to provide further direction to staff on follow-up items from the May 15 Budget Work Study session. • On June 3, the City Council is scheduled to conduct the Budget Public Hearing and consider the first reading of an ordinance to adopt the budget for FY 2025-26, which begins on July 1, 2025, and ends on June 30, 2026. • The second reading and adoption of the FY 2025-26 Budget Ordinance is scheduled for June 17. FISCAL IMPACT There is no direct fiscal impact at this time. City Council 25 — 5 5/6/2025 Fiscal Year 2025-26 Budget Work Study Session May 6, 2025 Page 6 EXHIBIT(S) None. Submitted By: Alex Trinidad, Acting Executive Director of Finance and Management Services Agency Approved By: Alvaro Nunez, City Manager City Council 25 — 6 5/6/2025