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Home My WebLink AboutCorrespondence - Item 19 Zuniga, Diana From: James Lloyd <james@calhdf.org> Sent: Tuesday, June 03, 2025 1:40 PM To: eComment Cc: Carvalho, Sonia R.; !City Clerk; Planning; Nunez, Alvaro Subject: public comment re item 19 for 6/3/25 Council meeting Attachments: Santa Ana - 125 and 205 South Harbor Boulevard - HAA Letter.pdf Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Dear Santa Ana City Council, The California Housing Defense Fund ("CaIHDF") submits the attached public comment re item 19 for tonight's Council meeting, the proposed 36-unit housing development project at 125 and 205 South Harbor Boulevard, which includes four moderate-income units. Sincerely, James M. Lloyd Director of Planning and Investigations California Housing Defense Fund james@calhd£org CaIHDF is grant& donation funded Donate today - https:Hcalhdf.org/donate/ i CAL HDF Jun 3, 2025 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposed Housing Development Project at 125 and 205 South Harbor Boulevard By email: eCommentrasanta-ana.org CC: scarvalho(casanta-ana.orq; cityclerk(casanta-ana.orq; Planning(casanta-ana.orq; ANunez(asanta-ana.org Dear Santa Ana City Council, The California Housing Defense Fund("Ca1HDF")submits this letter to remind the Council of its obligation to abide by all relevant state housing laws when evaluating the proposed 36-unit housing development project at 125 and 205 South Harbor Boulevard,which includes four moderate-income units.These laws include the Housing Accountability Act ("HAA"),the Density Bonus Law("DBL"),and California Environmental Quality Act("CEQA') guidelines. The HAA provides the project legal protections.It requires approval of zoning and general plan compliant housing development projects unless findings can be made regarding specific,objective,written health and safety hazards. (Gov. Code, § 65589.5,subd. (j).)The HAA also bars cities from imposing conditions on the approval of such projects that would reduce the project's density unless,again,such written findings are made. (Ibid).) As a development with at least two-thirds of its area devoted to residential uses,the project falls within the HAA's ambit,and it complies with local zoning code and the City's general plan. The City must therefore approve the project unless it makes written findings regarding health and safety as mentioned above-which it cannot do since the preponderance of the evidence in the record does not support such findings.(Ibid.)Increased density,concessions, and waivers that a project is entitled to under the DBL(Gov. Code, § 65915)do not render the project noncompliant with the zoning code or general plan,for purposes of the HAA. (Gov. Code, § 65589.5,subd. (j)(3).) Furthermore,if the City rejects the project or impairs its feasibility,it must conduct"a thorough analysis of the economic, social,and environmental effects of the action"(Id. at subd. (b).) 360 Grand Ave #323, Oakland 94610 www.calhdf.org Ca1HD1F also writes to emphasize that the DBL offers the proposed development certain protections.The City must respect these protections.In addition to granting the increase in residential units allowed by the DBL,the City must not deny the project the proposed waivers and concessions with respect to vehicular access,width of symmetrical entry,public street setback,common open space,private open space,and private open space dimensions.If the City were to deny the requested waivers, Government Code section 65915,subdivision(e)(1) requires findings that the waivers would have a specific,adverse impact upon health or safety,and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.If the City were to deny the requested requested concessions, Government Code section 65915, subdivision(d)(1)requires findings that the concessions would not result in identifiable and actual cost reductions,that the concessions would have a specific,adverse impact on public health or safety,or that the concessions are contrary to state or federal law.The City,if it makes any such findings,bears the burden of proof. (Gov. Code, § 65915,subd. (d)(4).) Of note,the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd.(p).) Additionally,the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL,the City"may not apply any development standard that would physically preclude construction of that project as designed,even if the building includes`amenities'beyond the bare minimum of building components" (Bankers Hill 150 a City of San Diego (2022)74 Cal.App.5th 755,775.) Finally,the project is exempt from state environmental review pursuant to CEQA Guidelines section 15192 (Threshold Requirements for Exemptions)and section 15195 (Residential Infill Exemption). Caselaw from the California Court of Appeal affirms that local governments err, and may be sued,when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group,Inc.a County of San Diego (2024)99 Cal.App.5th 890,911.) As you are well aware,California remains in the throes of a statewide crisis-level housing shortage.New housing such as this is a public benefit:it will provide badly needed homeownership opportunities;it will bring new customers to local businesses;it will expand the city's tax base;and it will reduce displacement of existing residents by reducing competition for existing housing. Ca1HD1F therefore strongly urges the City to approve the project as proposed,consistent with its obligations under state law. Ca1HD1F is a 501(c)(3)non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels,including low-income households.You may learn more about Ca1HD1F at www.calhdf.org. 2of3 Sincerely, Dylan Casey Ca1HDF Executive Director _ James M.Lloyd Ca1HDF Director of Planning and Investigations 3of3 Zuniga, Diana From: Jacki Valentin <jackiv@ ken nedycommission.org> Sent: Tuesday, June 03, 2025 3:18 PM To: !City Clerk Subject: Comment Letters Attachments: CBDG Funds letter - Santa Ana.docx.pdf,_Density Bonus Agreement No. 2025-02 (125 and 205 S. Harbor Boulevard) - Santa Ana.docx.pdf Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Hello, The Kennedy Commission is submitting a comment letter regarding, Agenda Item #23 — Support for FY 2025-29 Consolidated Plan, FY 2025-26 Annual Action Plan, and Associated Federal Housing and Development Budgets and Agenda Item #19 — Density Bonus Agreement No. 2025-02 (125 and 205 S. Harbor Boulevard). Best Regards, Jacqueline Valentin Assistant Projects Manager I she/them i ,--Kennedy • M M I S S 1 • www_kcnnedy€nmmi-5.sinn_nrg June 3, 2025 17701 Cowan Ave-Some 200 Irvine,CA 92614 Mayor Valerie Amezcua 949 2�0 0909 Santa Ana City Council Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 RE: Agenda Item #19—Density Bonus Agreement No. 2025-02 (125 and 205 S. Harbor Boulevard) To The Honorable Mayor Amezcua and Members of the City Council, The Kennedy Commission (the Commission)is a broad-based coalition of residents and community organizations advocating for the production of homes affordable for families earning less than $30,000 annually in Orange County. Since 2001, we have successfully partnered with jurisdictions across the county to create housing and land-use policies that increase affordable housing opportunities for lower-income working families. The Commission recognizes and appreciates the City's ongoing efforts to expand affordable homeownership opportunities. We also urge the City to continue to prioritize and include deeper levels of rental affordable housing that is greatly needed in Santa Ana. Currently, the agreement proposes four units affordable to moderate-income households (80-120% AMI). However, Santa Ana's most urgent housing needs continue to be among households earning significantly less—those in the Low-, Very Low-, and Extremely Low-income categories. Santa Ana's housing and population trends highlight just how critical deeper affordability is for the community. A majority of residents are considered low-income, a result of persistently low wages, high housing costs, and a limited supply of affordable units. With a median household income of $85,914, many households fall below key income thresholds: those earning under $68,731 are considered low-income, under $42,957 very low-income, and under $25,774 extremely low-income. These income limitations, combined with high rents, have led to widespread housing insecurity. Over half of renters (54.4%) and nearly 40% of homeowners are cost burdened, spending more than 30% of their income on housing. Overcrowding is also a significant concern, particularly among renters, who make up nearly 67% of overcrowded households. These conditions illustrate a clear and urgent need for housing that serves those at the lowest income levels. The City's RHNA progress underscores the imbalance in housing production: in the current 2021-2029 cycle, Santa Ana has already exceeded its above moderate-income housing goal by more than double (3,487 out of 1,624 units), while producing only 296 out of 606 very low-income units and 258 out of 362 low-income units. In the previous cycle, the City delivered 452 very low-income units out of a 1,045-unit goal, and only 116 out of 1,232 low-income units, again falling short of its lower-income goals while vastly exceeding production for higher-income households. These trends reflect a housing system that continues to leave behind those with the greatest needs. We respectfully request that the City continue to explore all viable avenues for incorporating units of affordable Housing to low-, very low-, and Extremely Low-income households into developments in the City. Alternatively, a greater percentage of moderate-income units than the minimum five percent required could help improve access to homeownership for working families 1 in Santa Ana who are currently priced out of the market. Thank you for your consideration and for your continued leadership in advancing equitable housing opportunities across Santa Ana. If you have any questions, please feel free to contact me at(949) 250-0909 or cesarg2kennedycommission.org. Sincerely, Cesar Covarrubias Executive Director 2