HomeMy WebLinkAboutCorrespondence - Item 30 Becerra, Alexis
From: Dale Helvig <
Sent: Monday, August 3, 2026 2:56 PM
To: eComment; Amezcua, Valerie; Phan, Thai; Vazquez, Benjamin; Lopez, Jessie; Bacerra,
Phil; Hernandez, Johnathan; Penaloza, David
Cc: Nunez, Alvaro; Carvalho, Sonia R.; Thai, Minh; Vazquez, Sylvia; Hall, Jennifer
Subject: 2026-08-04 Letter to City Council - Item 30
Attachments: 2026-08-04 Letter to City Council - Item 30.pdf
Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links.
See attached file.
Dale Helvig
Resident, Santa Ana
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Dale Helvig
Resident, Santa Ana CA 92706
August 3, 2026
Mayor Amezcua and Santa Ana City Councilmembers
City of Santa Ana
20 Civic Center Plaza, 81" Floor
Santa Ana CA 92702
Subject: Item 30: Density Bonus Agreement No. 2026-03—Watermarke Sandpointe Mixed-Use
Development.
The City of Santa Ana continues to approve mixed-use developments that have requested a density
bonus agreement. This is a trend that is unsustainable. Some questions the city needs to consider:
1) As we continue to exceed RHNA goals, is someone at the city looking at the long-term effect this will
have on future RHNA Cycles?
2) Why do we continue to placate every developer's desire to build the maximum size project for any
given piece of land? We continue to hear the American dream is to own you own residence. This
project does nothing to make that a reality. It also removes much needed parking for adjacent
offices.
3) This project should be placed on hold until the next RHNA cycle. Projects such as this only pad the
pockets of developers while contributing to the long-term decline of the quality of the residents.
DO NOT approve this item, approving this Density Bonus will short-change the City in future RHNA
cycles.
Respectfully,
Dale A Helvig
Resident, Santa Ana
cc: Alvaro Nunez, Minh Thai,
City Manager, Santa Ana Deputy City Manager, Santa Ana
Sonia Carvalho, Sylvia Vazquez,
City Attorney, Santa Ana Deputy City Manager, Santa Ana
Page 1 of 1
2026-08-04 Letter to City Council-Item 30
Becerra, Alexis
From: James Lloyd <james@calhdf.org>
Sent: Tuesday, August 4, 2026 9:18 AM
To: eComment
Cc: Carvalho, Sonia R.; !City Clerk; Planning; Nunez, Alvaro
Subject: public comment re item 30 for tonight's Council meeting
Attachments: Santa Ana - 200 East Sandpointe Avenue - HAA Letter - CC.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 this attached public comment re item 30 for tonight's Council
meeting,the proposed 400-unit housing development project at 200 East Sandpointe Avenue,which includes 20
extremely low-income units.
Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
james@calhdf.org
CaIHDF is grant&donation funded
Donate today- https://calhdf.org/donate/
i
CAL
HDF
Aug 4, 2026
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Proposed Housing Development Project at 200 East Sandpointe Avenue
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 City of its
obligation to abide by all relevant state housing laws when evaluating the proposed 400-unit
housing development project at 200 East Sandpointe Avenue,which includes 20 extremely
low-income units.These laws include the Housing Accountability Act(HAA),the Density
Bonus Law(DBL),AB 130,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 applicable provisions of the local zoning code
and the City's general plan.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).)
The HAA's protections therefore apply,and the City may not reject the project except based
on health and safety standards,as outlined above.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. M.
The DBL offers the project certain benefits.(See Gov. Code, § 65915.)The City must respect
these benefits.In addition to increased density,the City must grant any requested
2201 Broadway, PH1, Oakland,CA 94612
www.calhdf.org
concessions and waivers.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.Sth 755,775.)
Finally,the project is exempt from state environmental review pursuant to CEQA Guidelines
section 15168(Program EIR).The project is also eligible for an exemption from CEQA
pursuant to AB 130 (Pub.Res. Code, § 21080.66). 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.Sth 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 affordable
housing; 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. Ca1HDF therefore strongly urges the City to approve the project,consistent with its
obligations under state law.
Ca1HDF 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 Ca1HDF at .,, ,:
Sincerely,
Dylan Casey
Ca1HDF Executive Director
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James M.Lloyd
Ca1HDF Director of Planning and Investigations
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