Santa Ana City Council
June 6, 2023

DISCUSSION
Background and Overview
At the December 20, 2022, and January 17, 2023, regularly scheduled City Council meetings, Council discussed evaluating increasing CUP requirements for noxious uses when located near sensitive receptors from 500 linear feet to 1,000 linear feet and exploring additional standards to regulate massage establishments and their proximity to sensitive land uses, respectively. Subsequently, staff analyzed and intend to address said points of discussion in the proposed ZOA.

In addition, further review of Chapter 41 has prompted the need to address various internal inconsistencies. These amendments include updating the article number utilized when referencing the off-street parking in various zoning districts, the terminology when referencing daycare centers, the sections referenced in the Change of a Nonconforming Use section, as well as updating notification requirements to be consistent with the requirements established by the Sunshine Ordinance in Section 2-153 of the SAMC.

The proposed amendments are as follows:

Table 1: ZOA No. 2023-01 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC requires approval of a
conditional use permit for noxious uses
that require a permit to discharge air
contaminants or process or store
regulated chemicals or substances
when located within 500 feet of a
sensitive land use (Sec. 41-199.4).

Update Sec. 41-199.4 to require a
conditional use permit for noxious uses
when located within 1,000 feet of a
sensitive land use.

Massage
Establishments –
Separation and
Buffers
Massage establishments are
permissible in various commercial
zoning districts subject to approval of a
CUP.

Update Sec.41-1752 to require a 1,000-
foot separation from between massage
establishments and 500-feet separation
from residentially zoned or used
property.

Massage
Establishments –
Discontinuance of
Legal
Nonconforming
Establishments
Article VI of Chapter 41 currently does
not include standards for
discontinuance of nonconforming
massage establishments.

Proposed amendments include:

1. Message establishments which
have a valid COO and Massage
Establishment Certificate pursuant
Chapter 22 would be deemed a
legal nonconforming.

2. Subsequent applications requiring a
new COO for any reason other than
change in business name with no
change in owner of the business
would be required to conform to the
provisions of Chapter 41.

3. If a nonconforming massage
establishment is in violation of any
City Council 53 – 2 6/6/2023
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).

June 6, 2023

applicable federal, state, or local
regulation for a period of 60
consecutive days, receives three
noncompliant notices from a federal,
state, or local regulatory agency in
one-year period, or is in violation for a
total of 90 days in a one-year period,
the legal nonconforming status shall
be lost and any subsequent use of
the building shall conform in every
respect to the provisions of Chapter

41. Change of a
Nonconforming Use
Sec. 41-685 does not reference section
41-683.6 or the proposed 41-483.7
which detail specific permissibility for
noxious uses and massages
establishments when changing a
nonconforming use.

Amend the section to reference recently
amended section 41-683.6 and
proposed section 41-683.7.

Suspension of
Conditional Use
Permit, Variance,
and Minor Exception
Permits
Article V of Chapter 41 details the
requirements for granting a conditional
use permit, variance, or minor
exception and for revoking those
permits. However, it does not address
suspension of such permits.

Add Sec. 41-650.5 to permit suspension
of conditional use permit, variance, minor
exception permits, and other land use
entitlements for a period of up to 90
consecutive days when failing to comply
with applicable regulations or conditions
of approval.

Off-street parking in
the Community
Commercial (C1)
zoning district
Sections 41-371, 41-206, 41-222, 41-
302, 41-318, 41-383, 41-417, 41-478,
and 41-577, currently incorrectly
references Article IV, when the
corresponding article number should
be XV.

Update Sections 41-371, 41-206, 41-
222, 41-302, 41-318, 41-383, 41-417,
41-478, and 41-577, to reference to the
correct off-street parking article.

Daycare center Sec. 41-150.5 provides a definition for
schools and references “child day
care,” a term that was replaced by
“daycare center.”
Delete references to child day care in the
definition for “schools” and replace with
the new term “daycare center.”
Notification
Requirements
Various sections of the zoning code
contain notification requirements
ranging from 300 to 500 feet, which are
inconsistent with the notification
standards in Section 2-153 of the
SAMC (Sunshine Ordinance).

Amend various sections (41-663 and 41-
672) to require notifications pursuant to
the Sunshine Ordinance requirements in
Section 2-153 of the SAMC.

City Council 53 – 3 6/6/2023
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).

June 6, 2023

Noxious Uses
Section 41-199.4 (Noxious uses) was adopted by Ordinance No. NS-3038 on February 7, 2023, in response to concerns related to environmental pollution and proximity of certain land uses to sensitive receptors. Currently, the section requires noxious uses that require a permit from a regional, state, or federal agency to emit or discharge regulated compounds, materials, or substances that are located within 500 linear feet of a public park, school (K-12) or property used or zoned for residential purposes to obtain a CUP.

The California Air Resources Board’s (CARB’s) Air Quality and Land Use Handbook (Handbook) provides recommendations for the siting of uses such as these that are sources of air pollution. The Handbook states that noxious land uses similar to those regulated by Section 41-199.4 of the SAMC) may pose a health risk when located less than 1,000 feet of sensitive receptors. Therefore, consistent with the findings and recommendations in the Handbook, the proposed ordinance will increase the distance threshold to require a CUP for noxious uses from sensitive receptors from 500 linear feet to 1,000 linear feet, which would allow staff to review noxious uses and impose conditions of approval to mitigate potential impacts to surrounding properties, as well as provide community members in close proximity to these uses an opportunity to participate in the decision making process through the public hearing process.

Massage Establishments
Currently, massage establishments are permitted subject to approval of a CUP in various commercial zoning districts. Despite the existing requirements and development standards in place, massage establishments have proven to present opportunities for acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to require a minimum 1,000-foot separation between massage establishments, and a minimum 500-foot separation requirement from a residentially zoned or used property.

Additionally, all massage establishments which have a valid Certificate of Occupancy (COO) and a Massage Establishment Certificate pursuant Chapter 22 (Massage Establishments) of the SAMC, would be deemed legal nonconforming. Subsequent applications for a COO for any reason other than a change in business name with no change in owner of the business would be subject to CUP and separation requirements described above. Additionally, a nonconforming massage establishment would lose its nonconforming status if it is in violation of any applicable federal, state, or local regulations for a period of 60 consecutive days; or, it receives three noncompliant notices from a federal, state, or local regulatory agency within a one-year period; or, is in violation for a total of 90 days within a one-year period.

Entitlement Suspension
Article V of Chapter 41 currently outlines the process and required findings through which CUP, variance, and minor exception applications may be granted. Moreover, Article V also details the process through which such permits may be revoked; however, the SAMC remains silent on the means of suspending the land use entitlements for sites that do not City Council 53 – 4 6/6/2023
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).

June 6, 2023

conform to the requirements of the SAMC or conditions of approval. Staff is proposing to establish a new section (Sec. 41-650.5) to establish a process to immediately suspend activity to allow the owner ninety (90) days to rectify any outstanding violations prior in lieu of having to immediately escalate to the City initiating a revocation process. The suspension process would provide an additional tool for the City to immediately address noncompliant sites and cease the operation of nuisance-generating uses while establishing criteria for suspension and a clear timeframe prior to initiating the revocation process.

Conforming, Clarifying, and Non-Substantive Edits
On February 7, 2023, the City Council adopted Ordinance No. 3038 establishing a definition for “Daycare center” and deleting “child day care.” However, the definition for “schools” (Sec. 41-150.5) continues to reference “child day care.” Therefore, staff is proposing clarifying edits to Section 41.150.5 to consistently reference the corresponding terminology.

Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41-417, 41-478, and 41-577 of the SAMC references the Article IV in directing to the Off-Street Parking standards.

However, the SAMC off-street parking standards are listed under Article XV. Therefore, staff is proposing amending Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41- 417, 41-478, and 41-577 to reference the correct article number.

Section 41-685, which addresses changes of commercial nonconforming uses in the Light Industrial (M1) and Heavy Industrial (M2) zoning district that are nonconforming by reason of absence of conditional use permit may be changed to another commercial use except as detailed in Section 41-685.5. On February 7, 2023, the City Council adopted Ordinance No. 3038, establishing Section 41-683.6 which specific perimeters for through which a legal nonconforming status may be maintained or lost in relation to noxious uses. Similarly proposed Section 41-683.7, which outlines how a nonconforming status may be maintained or lost in relation to massage establishments. Therefore, staff is proposing amendment to Section 41-685 to also reference Section 41-683.6 and 41-683.7.

Lastly, the proposed amendments would update the zoning code to reflect the notification requirements of the Sunshine Ordinance contained within Section 2-153 of the SAMC.

This edit will eliminate internal inconsistencies within this section of the zoning code.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not City Council 53 – 5 6/6/2023
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).

June 6, 2023

a “project,” as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review (ER) No. 2023-38 for ZOA No. 2023-01, will be filed upon adoption of these ordinances.

FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of this ordinance.

EXHIBIT(S)

1. Ordinance for ZOA No. 2023-01
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 53 – 6 6/6/2023
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2023-01 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AMENDING VARIOUS SECTIONS OF
CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL

CODE RELATING TO NOXIOUS USES, MASSAGE

ESTABLISHMENTS, AND RELATED CONFORMING
CLARIFYING EDITS; ADDING A SECTION RELATED TO

SUSPENSION OF CONDITIONAL USE PERMITS,
VARIANCES, AND MINOR EXCEPTIONS; AND MAKING

OTHER NON-SUBSTANTIAL EDITS TO ADDRESS

EXISTING INTERNAL INCONSISTENCIES

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:

A. At the regularly scheduled City Council meetings held on December 20, 2022, and January 17, 2023, respectively, the City Council discussed and requested staff analyze increasing the separation requirements of noxious uses from sensitive receptors and creating additional regulations for massage establishments.

B. The Planning and Building Agency routinely reviews its ordinances to incorporate best practices, reflect changes to State law, and address community needs.

C. Following analysis of the City Council points of discussion, staff has prepared Zoning Ordinance Amendment (ZOA) No. 2023-01 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address increasing the separation requirements of noxious uses from sensitive receptors and creating additional regulation for massage establishments.

D. Amendments to Chapter 41 are necessary to ensure uniform and legally consistent regulations as well as additions to enable the City to implement a regulatory framework that protect the health, safety, and welfare of the City.

E. Zoning Ordinance Amendment No. 2023-01 amends and adds various sections to Chapter 41, including Section 41-199.4 (Noxious uses), Section 41-1752 (Permitted zones and locations), Section 41-683.7 (Discontinuance of nonconforming massage establishments), Section 41- 685 (Change of a nonconforming use), Section 41-650.5 (Suspension of conditional use permits, variances, minor exception permits), Section 41- City Council 53 – 7 6/6/2023
Ordinance No. NS-XXX

651 (Revocation procedure for conditional use permits, variances, and minor exception permits), Section 41-663 (Notices), Section 41-672 (Hearing), Section 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41- 417, 41-478, and 41-577 (Off-street parking), and Section 41-150.5 (Schools).

F. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City’s General Plan.

G. On May 8, 2023, 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. Following Planning Commission recommendation of approval, the Planning Division added additional nonsubstantive, clarifying edits to Section 41-199.4(a) to address implementation of the Ordinance.

H. On June 6, 2023, 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 2. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 3. Section 41.199.4 (Noxious Uses) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-199.4. - Noxious uses.
(a) Any use other than eating establishments listed in Section 41-472 or 41- 472.5 of this chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge particulate materials; exhaust emissions; or handle, store, emit or discharge regulated compounds, hazardous materials, chemicals, or substances that is located within five hundred (500) 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 requires approval of a conditional use permit.
(b) The five hundred (500) one thousand (1,000) linear foot distance shall be measured from the outermost boundary of the subject property to the closest point of any public park, school, or property used or zoned for residential purposes.
(c) The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of any requirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made prior to obtaining any permit from a regional, state, or federal agency for the business activities listed in subsection (a).

City Council 53 – 8 6/6/2023
Ordinance No. NS-XXX

(d) A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal, state, or local regulations and conditions established by regulating and permitting agencies.

Section 4. Section 41-1752 (Permitted zones and locations) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-1752. - Permitted zones and locations.
(a) A chair massage service may be located in commercial zoning districts where retail and service uses are permitted.
(b) An ancillary massage establishment may only be located in zoning districts that permit health clubs, athletic clubs, gyms, hotels, or where medical services are permitted.
(c) Massage establishments may be located within the following zoning districts subject to the issuance of a conditional use permit:
(1) Massage establishments may be permitted on parcels in the C1, C1- MD, C2, C4, C5, or C-SM zoning districts.
(2) Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which massage establishments are defined and permitted.
(3) Massage establishments are not permitted in any other zoning district. (4) No massage establishment shall be located within one thousand (1,000) feet of another massage establishment. The one thousand (1,000) foot separation requirement shall be measured from the primary entrance of the massage establishment to the primary entrance of the nearest massage establishment.
(5) No massage establishment shall be located on a parcel located within five hundred (500) feet of a property zoned or used for residential purposes. The five hundred (500) foot separation requirement shall be measured from the primary entrance of the massage establishment to the outermost boundary of the nearest residential parcel.

Section 5. Section 41-683.7 (Discontinuance of a nonconforming massage establishments) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-683.7. - Discontinuance of nonconforming massage establishments. (a) All massage establishments that have a valid certificate of occupancy and a massage establishment permit pursuant to Chapter 22 (Massage City Council 53 – 9 6/6/2023
Ordinance No. NS-XXX

Establishments) of this Code, prior to the effective date of this section, shall be deemed a nonconforming massage establishment.
(b) If a nonconforming massage establishment requires a new certificate of occupancy for any reason other than a change in business name with no change in ownership of the business, the nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this chapter.
(c) If a nonconforming massage establishment is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three (3) noncompliant notices from a federal, state, or local regulatory agency in a one (1) year period, or is in violation of any applicable federal, state, or local regulation for a total of ninety (90) days in a one (1) year period, the nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter.

Section 6. Section 41-685 (Change of a nonconforming use) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-685. – Change of a nonconforming use.
(a) The conversion of a residence in any commercial or industrial district to a use permitted in that district shall conform in every respect to all requirements and conditions set forth for such new use by this chapter.
(b) Except as specified in section 41-685.5, 41-683.6, and 41-683.7, a commercial use in the M1 or M2 district which is a nonconforming use by reason of the absence of a conditional use permit may be changed to another commercial use without the necessity of obtaining a conditional use permit.

Section 7. Section 41-650.5 (Suspension of conditional use permits, variances, minor exception permits, and other land use entitlements) of Chapter 41 of the SAMC is hereby added in its entirety to read as follows:

Sec. 41-650.5. - Suspension of conditional use permits, variances, minor exception permits, and other land use entitlements.
(1) The Executive Director of the Planning and Building Agency after notice by mail to the legal owner of the property and to the tenant of said property may immediately suspend a conditional use permit, variance, minor exception, or other land use entitlement on any one (1) or more of the following grounds:
(a) Failure to comply with conditions of approval, if granted subject to conditions.

(b) Evidence available at the time of review that was not available when the permit was granted that could not have been obtained with reasonable City Council 53 – 10 6/6/2023
Ordinance No. NS-XXX

diligence prior to the hearing, resulting in the findings made pursuant to Section 41-638(a)(1) no longer being valid.
(c) Violations of this Code or conditions of approval observed by a City official that are not corrected and abated to the satisfaction of the Executive Director of the Planning and Building Agency within (10) days of written notice by mail to the recorded owner of the property and to the tenant of said property if any.
(d) The holder of the conditional use permit, variance, minor exception, or other land use entitlement is exercising the entitlement in a manner that is inconsistent with the original approval and its scope.
(2) The suspension of a conditional use permit, variance, minor exception permit, or other land use entitlement shall only be lifted until such time that observed violations of this Code or conditions of approval have been abated and corrected to the satisfaction of the Executive Director of the Planning and Building Agency. (3) The person whose conditional use permit, variance, minor exception, or other land use entitlement has been suspended by the Executive Director of the Planning and Building Agency may appeal the decision in writing to the Planning Commission within ten (10) days after such decision. The Planning Commission, after public hearing may affirm, change, or modify the original decision by the Executive Director.
(4) If the legal owner or person granted the permit fails to abate and correct the observed violations within ninety (90) days of suspension of the permit, the City may elect to commence revocation procedures outlined in Section 41-651 of this chapter.

Section 8. Section 41-651 (Revocation procedure for conditional use permits, variances, and minor exception permits) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-651. - Revocation procedure for conditional use permits, variances, and minor exception permits, and other land use entitlements.

The planning commission may, after twenty (20) days notice by mail to the record owner of the property and to the tenant of said property, if any, and after a public hearing, revoke a conditional use permit, a variance, or a minor exception permit, and other land use entitlements on any one (1) or more of the following grounds:
(1) That the conditional use permit, variance, or minor exception permit, or other land use entitlement was obtained by fraud or misrepresentation. (2) That the conditional use permit, variance, or minor exception permit, or other land use entitlement has been exercised by the person granted the conditional use permit, variance, or minor exception permit entitlement, or his representative, successors, or assigns, contrary to the terms or conditions of approval, or in City Council 53 – 11 6/6/2023
Ordinance No. NS-XXX

violation of any statute, ordinance, law or regulation not excused by the conditional use permit, variance, or minor exception permit. (3) That the use permitted by the conditional use permit, variance, or minor exception permit, or other land use entitlement is being or has been so exercised as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance.

The person whose conditional use permit, variance, or minor exception permit, or other land use entitlement has been revoked by the planning commission may appeal the decision of the planning commission in writing to the city council within ten (10) days after such decision by the planning commission. The city council, after public hearing, may affirm, reverse, change or modify the original decision of the planning commission.

In the event a conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked and said revocation is in effect, an application for another conditional use permit, variance, minor exception permit, or other land use entitlement of the same or substantially similar use or scope may not be filed for at least twelve (12) consecutive months from the date of revocation.

Section 9. Section 41-663 (Notices) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-663. - Notices.

Following the receipt in proper form of any such application, the director of planning shall fix a time and place of public hearing thereon. The date of such public hearing and location of the property and nature of the request shall be given in a manner consistent with Section 2-153 of this Code.in the following manner:
(a) By publishing at least once and not less than ten (10) days before the date of the hearing in a newspaper of general circulation.
(b) The planning commission may further require posting, not less than five (5) days prior to said hearings, placards on such property and for a distance of not less than three hundred (300) feet in each direction from the exterior limits of such property.

Section 10. Section 41-672 (Hearing) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-672. - Hearing.
(a) Except as provided in subsection (c) of this section, whenever approval of plans for a development project will constitute a substantial or significant deprivation of property rights of other landowners, the director of planning and development services shall set the matter for public hearing and provide notice of the time and place of the hearing to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll, as owning real property within three hundred (300) feet of the property which is the subject of the application pursuant to Section 2-153 of this Code. The notice shall be City Council 53 – 12 6/6/2023
Ordinance No. NS-XXX

given by direct mailing to the owners at least five (5) days prior to the date of the hearing.
(b) Whenever a public hearing is required pursuant to subsection (a) of this section, the applicant may be required to provide the director of planning and development services with a list of the names and addresses of the property owners entitled to notice under said subsection (a).
(c) If the development project requires a discretionary approval in order to proceed, and if the application for such discretionary approval requires a public hearing by the planning commission or the city council, then no hearing need be held on the development plan separate and apart from the hearing on the application for the discretionary approval; provided, however, in such event:
(1) The notice of hearing on the application for the discretionary approval shall meet the requirements of subsection (a) of this section; (2) Any approval of the development project plans by the director of planning and development services shall be subject to the condition that such plans be subsequently approved by the planning commission or city council following the hearing;
(3) The hearing shall extend to and include all issues relevant to development project plan approval under this division; and
(4) The planning commission or city council shall approve, conditionally approve, or disapprove the plans for the development project following the hearing.

Section 11. Section 41-371 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-371. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter.

Section 12. Section 41-206 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-206. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter.

Section 13. Section 41-222 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-222. - Off-street parking.

City Council 53 – 13 6/6/2023
Ordinance No. NS-XXX

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter.

Section 14. Section 41-302 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-302. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter. However, of the off-street parking required by Article IV XV, at least one parking space per unit shall be within a garage or carport. All additional parking stalls may be uncovered.

Section 15. Section 41-318 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-318. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter.

Section 16. Section 41-383 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-383. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter.

Section 17. Section 41-417 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-417. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter.

Section 18. Section 41-478 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-478. - Off-street parking.

Off-street parking shall be provided in the manner prescribed in Article IV XV of this chapter.

Section 19. Section 41-577 (Off-street parking) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-577. - Off-street parking.

City Council 53 – 14 6/6/2023
Ordinance No. NS-XXX

Off-street parking and loading shall be provided in the manner and number prescribed by article IV XV of this chapter. However, of the off-street parking required by article IV XV, not less than one (1) parking space per dwelling unit shall be a covered parking stall; that is, said stall shall be in a carport or garage.

Section 20. Section 41-150.5 (Schools) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-150.5. - Schools.

A school means any public, charter, or private educational facility for elementary, middle, junior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military academies, but does not include preschools and child day care daycare centers uses as defined in Section 41-42.5 41.47.5.

Section 21. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 22. 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 23. This Ordinance shall become effective thirty (30) days after its adoption.

Section 24. 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 ___________, 2023.
________________________________
Valerie Amezcua
Mayor
City Council 53 – 15 6/6/2023
Ordinance No. NS-XXX

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief 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 ___________________, 2023 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 53 – 16 6/6/2023
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 54
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License

AGENDA TITLE
Public Hearing: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License

RECOMMENDED ACTION
It is recommended that the City Council take the following actions:

1. Conduct a De Novo review of the Planning Commission’s approval of Conditional Use Permit No. 2023-09 for consistency with the General Plan and compliance with the Zoning Ordinance, and consider any concerns raised by the City Council, the public, and interested parties regarding the project; and

2. Based on the De Novo review, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the Conditional Use Permit and direct staff to prepare a resolution for adoption, or refer the Conditional Use Permit back the Planning Commission for reconsideration and analysis of the issues raised by the City Council.

BACKGROUND AND DISCUSSION
Maria Sebold with Mariscos Hector Sports Grill (Applicant) and representing McFadden Shopping Center, LLC. (Property Owner), submitted an application to the City requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits, in addition to existing beer and wine sales, for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue (Mariscos Hector Sports Grill). The application was requested pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), for establishments wishing to sell alcoholic beverages for on-premises consumption require approval of a CUP.

On April 24, 2023, at a duly-noticed public hearing, the Planning Commission approved the requested CUP to allow the sale of distilled spirits, in addition to the existing beer and wine, for on-premises consumption subject to conditions. On April 25, 2023, the Planning Division provided a summary of the Planning Commission’s action to the City Council. After receiving the summary, a member of the City Council requested for the City Council 54 – 1 6/6/2023
Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023

City Council to consider a call for review of the Planning Commission’s approval of CUP No. 2023-09 pursuant to Santa Ana Municipal Code (SAMC) Section 41-642. The call for review of CUP No. 2023-09 was considered and voted on by the City Council at the regular meeting of May 2, 2023. The City Council voted unanimously to schedule a de novo review of the Planning Commission’s approval of CUP No. 2023-09 for June 6, 2023.

De Novo Review
The de novo review process provides an opportunity for the City Council to independently evaluate the Planning Commission’s decision pertaining to the CUP and reexamine the CUP application and associated documents. In addition to the record of decision established by the Planning Commission, the City Council’s review can include new evidence and testimony from any interested parties and the public. As indicated above, the City Council may choose to uphold or modify the Planning Commission’s approval, make the appropriate findings to deny the CUP, or refer the matter back to the Planning Commission for reconsideration. For the City Council’s reference, the Planning Commission Staff Report and the Resolution approving CUP No. 2023-09 have been attached as Exhibit 2.

The following information and analysis were provided in a report to the Planning Commission and are being provided in this report to facilitate City Council’s review.

Planning Commission Background and Action
On April 24, 2023, the Planning Commission held a public hearing on the subject application. During the hearing, the hours of operation were discussed among commissioners, staff, and the applicant. The applicant requested that alcohol be permitted to be sold between 8:00 a.m. to 12:00 a.m. daily. However, due to reasons evaluated by staff and documented in the Planning Commission staff report, staff recommended that the hours of operations for alcohol sales be limited from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday, and from 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday only.

Following discussion and input from the applicant, the Planning Commission approved the request and modified a condition of approval to allow the sale of alcoholic beverages for on-premises consumption from 8:00 a.m. to 12:00 a.m. (midnight) daily after a six-month review, given that there were no Code Enforcement complaints, no Police Department complaints, and/or no neighborhood complaints.

Project Description
The applicant is requesting approval of CUP No. 2023-09 to allow the sale of distilled spirits, in addition to its existing beer and wine sales, for on-premises consumption through a Type 47 license from the Department of Alcoholic Beverage Control (ABC) at Mariscos Hector Sports Grill. The eating establishment currently occupies a 3,350- square-foot unit within a commercial building located on the southeastern corner of City Council 54 – 2 6/6/2023
Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023

McFadden and Standard Avenues. The restaurant can accommodate up to 94 patrons within the indoor dining area. The proposed alcoholic beverages will be stored within a storage room located in the rear of the restaurant and a display area located in front of the kitchen counter top. The restaurant will contain an overall alcohol storage area of approximately 33 square feet, which is less than five percent of the gross floor area of the tenant space as allowed by the Section 41-196(g)(25) of the SAMC. The ABC hours of operation will be from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday. Should the applicant seek to sell alcoholic beverages between 12:00 a.m. (midnight) and 7:00 a.m., a separate CUP will be required in accordance with Section 41-196(g)(3) of the SAMC. Entertainment is occasionally provided on-site and the site’s Entertainment Permit will be renewed as part of this application and in accordance with Section 11-6 of the SAMC.

Table 1: Project and Location Information
Table 2: Operational Standards
Standards Permissible by SAMC Provided
Eating Establishment Type Bona-Fide Bona-Fide
Hours of Operation for ABC
Sales
7:00 a.m. to 12:00 a.m.
(midnight), unless extended by
a separate after-hours CUP
8:00 a.m. to 10:00 p.m. on
Sunday through Thursday and
8:00 a.m. to 12:00 a.m. on
Friday and Saturday.

Window Display 25% of Window Coverage Complies
Alcohol Storage and Display 5% of G.F.A. 0.98% of G.F.A.

Item Information
Project Address and Council Ward 1208 East McFadden Avenue – Ward 6 Nearest Intersection McFadden Avenue and Standard Avenue General Plan Designation General Commercial (GC)
Zoning Designation Planned Shopping Center (C4)
North Single-Family Residences
East Multi-Family Residences
South Surrounding Land Uses
West Commercial
Property Size 0.95 acres (41,382 square feet)
Existing Site Development The subject site contains an 11,760 sq. ft. commercial building with multiple tenant units.

Unit Size 3,354 square feet
Use Permissions Allowed with approval of a CUP
Uses SAMC Sections 41-196 (a) Zoning Code Sections Affected Operational Standards SAMC Section 41-196(g) Census Tract and License Information Census Tract No. 744.03 No. of Allowed and
Existing Licenses 7 Allowed; 9 Existing
City Council 54 – 3 6/6/2023
Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023

Project Background
The subject site was constructed in 1971 with two commercial buildings, one measuring 11,700 square feet and the other measuring 3,000 square feet. City records indicate that since the time of construction, several permits have been issued for site improvements. The current restaurant, Mariscos Hector Sports Grill, currently occupies a 3,354-square-foot unit along the north end of the 11,700-square foot building that is closest to McFadden Avenue.

In 1971, the Planning Commission approved CUP No. 1971-32 allowing the sale of beer and wine for on-premises consumption through a Type 41 ABC license at the subject site for Pelley’s Chow Bell restaurant. Since then, the ABC license has been transferred to various businesses and was transferred to Mariscos Hector Sports Grill in 2013. The applicant is seeking to upgrade its existing ABC license from a Type 41 to a Type 47 ABC license. This would allow the sale of distilled spirits in addition to the existing license that allows on-sale of beer and wine for on-premises consumption which will be an ancillary component to its dining services.

Mariscos Hector operates at two additional locations in Santa Ana: one at 1801 South Main Street, which has an active Type 47 ABC license that was approved by CUP No. 2019-10; and another at 409 North Broadway, which has an active Type 47 ABC license that was approved by CUP 2016-08. Additionally, other locations are in the cities of Anaheim, Orange, and Costa Mesa.

Project Analysis
CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP.

Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request for the sale of distilled spirits in addition to beer and wine for onpremises and has determined that the addition of distilled spirits at the subject site will not be detrimental to the health, safety, and welfare of the community.

The sale of distilled spirits for on-premises consumption, in addition to beer and wine, will provide a full-service dining experience with an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal. It would also allow Mariscos Hector Sports Grill to be economically viable and compete with nearby full-service eating establishments that offer similar services to their patrons.

As previously described, Maricos Hector is located at the north end of the commercial building closest to McFadden Avenue and its main entry faces Standard Avenue, away from residential uses. Additionally, there is currently a block wall and landscape buffer City Council 54 – 4 6/6/2023
Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023

located in the rear of the restaurant acting as a barrier between the restaurant and the multi-family residential buildings located to the east of Maricos Hector. The block wall and landscape buffer remain in sound condition.

The restaurant is currently in compliance with the parking variance (Variance No. 70-21) that was approved in 1970 to allow a parking reduction for this site. In addition, the parking spaces are striped per today’s requirements. Moreover, the applicant will be required to obtain all the necessary permits for any signs, events, or site improvements proposed.

Furthermore, the subject site is not adjacent to any playgrounds, schools, or religious institutions. The nearest sensitive land use is Kenny Elementary School (located at 1300 E. McFadden Avenue), which is approximately 300 feet to the east of the subject site. A multi-family residential development is adjacent to the east side of the subject site However, the restaurant’s main entrance and dining area are located along the west elevation of the building and the operational standards applicable to an ABC license, per Section 41-196(g) of the SAMC, and conditions of approval will mitigate any potential impact created by the use and will ensure that the use will not negatively impact the surrounding community.

General Plan Consistency
Approval of the proposed CUP will be consistent with several goals and policies of the General Plan. Goal 2 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the LU encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities and Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of CUP No. 2023-09 will contribute to providing a balance of diverse commercial land uses, which will then encourage local spending, strengthen local businesses, and increase economic opportunities. In addition, Goal 3 of the LU encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. Policy 3.7 promotes a clean, safe, and creative environment for Santa Ana’s residents an, workers, and visitors. Approval of CUP No. 2023-06 will provide reinvestment into the commercial site and enhance the overall consumer environment of the area by increasing activity during business hours.

Moreover, providing a variety of full-service restaurants that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Lastly, Policy 4.1 of the LU, encourages complete neighborhoods by introducing a mix of complementary uses, community services, and people places within a walkable area. Approval of CUP No. 2023-09 will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the eating establishment is located within an City Council 54 – 5 6/6/2023
Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023

existing commercial area and its operations will be compatible with the surrounding commercial businesses.

Police Department Analysis
The Police Department has reviewed the applicant request for sale of distilled spirits in addition to beer and wine for on-premises consumption and has no concerns, as the operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts to the surrounding community. The Police Department carefully evaluated the project site and determined that there has been a total of 38 service calls in the project site’s vicinity since January 1, 2020. Of those 38 calls, seven resulted in reports taken in. The reports were in result of assaults occurring on the integrated commercial center site, while one was a car burglary. According to the Police Department, the number of calls for service is commensurate with the size of the existing center.

The Police Department reviews CUP applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on-premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines “reported crimes” as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations.

The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application.

Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and
Rank
Police Grid No. 187; ranked 18 out of 102 Police Reporting Grids (17th percentile).

Threshold for High
Crime
This reporting district is within the 20 percent threshold established by the State for high crime.

Police Department
Recommendation
Although the property falls within the 20-percent high crime threshold, the Police Department is satisfied that the operational standards applicable to an on-premises ABC license and conditions of approval will City Council 54 – 6 6/6/2023
Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023

Police Department Analysis and Criteria for Recommendation mitigate any negative impacts to the surrounding community, and therefore, does not oppose the granting of CUP No. 2023-09.

Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. The site is located within the boundaries of the Cornerstone Village Neighborhood Association and their representatives, along with those from Pacific Park and Madison Park, were contacted on May 9 and May 10, 2023 to identify any areas of concerns due to the proposed application request and City Council public hearing.

Feedback received from the representatives regarding noise concerns were already addressed by the original conditions of approval for this project and as reflected in the draft City Council Resolution.

For the April 24, 2023 Planning Commission hearing, staff contacted four neighborhood leaders from the Madison Park and Cornerstone Village neighborhood associations on March 14 and 15. Staff received generally positive feedback from the adjacent neighborhoods that there have been no community issues stemming from the establishment’s current operations.

Additionally, project notifications for the Planning Commission hearing 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 the Planning Commission staff report.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing bona-fide eating establishment.

FISCAL IMPACT
There is no fiscal impact associated with this action

EXHIBIT(S)

1. Draft resolution and findings for approving and/or modifying Planning Commission’s approval of CUP No. 2023-09

2. Planning Commission Staff Report and Exhibits
City Council 54 – 7 6/6/2023
Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License June 6, 2023

Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 54 – 8 6/6/2023

Resolution No. 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA TO CONDUCT A DE NOVO REVIEW OF THE
PLANNING COMMISSION’S APPROVAL OF CONDITIONAL
USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW

SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING

BEER AND WINE SALES FOR ON-PREMISES

CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL
LOCATED AT 1208 EAST MCFADDEN AVENUE

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. Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue.

B. Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for onpremises consumption.

C. On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site.

D. On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant.

E. On April 24, 2023, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2023-09. At the conclusion of this hearing, the Commission approved Conditional Use Permit No. 2023-09 subject to modified conditions of approval.

F. The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase.

City Council 54 – 9 6/6/2023
Resolution No. 2023-XXX

G. On April 25, 2023, the Planning Division provided a summary of the Planning Commission’s action to the City Council, after which a member of the City Council requested that the item be discussed during the May 2, 2023 City Council meeting.

H. On May 2, 2023, the City Council discussed Conditional Use Permit No. 2023- 09 and voted 7:0 to have the item presented to the City Council for a de novo public hearing.

I. On June 6, 2023, the City Council held a duly noticed public hearing for a de novo review of Conditional Use Permit No. 2023-09.

J. The City Council determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue.

1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community.

The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity. Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community.

2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main City Council 54 – 10 6/6/2023
Resolution No. 2023-XXX

entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby.

3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City.

4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will be in compliance with all applicable regulations and operational standards imposed on an eating establishment selling alcoholic beverages for on-premises consumption pursuant to Chapter 41 of the SAMC. The restaurant will be maintained as a bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the eating establishment will utilize less than five percent (5%) of the gross floor area for display and storage of alcoholic beverages, which is the maximum allowed threshold established by Section 41- 196(g)(25) of the SAMC. In addition, operational standards and conditions of approval will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact
neighboring properties or create an attractive nuisance.

5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use.

The sale of distilled spirits in addition of beer and wine for onpremises consumption at the subject location will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2023-09 supports several goals and policies of the General Plan. Goal 2 of the Land Use Element (LU) encourages a
balance of land uses that meet Santa Ana’s diverse needs.

City Council 54 – 11 6/6/2023

Resolution No. 2023-XXX

Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities and Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of CUP No. 2023- 09 will contribute to providing a balance of diverse commercial land uses, which will then encourage local spending, strengthen local businesses and increase economic opportunities.

Moreover, providing a variety of full-service restaurants that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Policy 4.1 of the LU, encourages complete neighborhoods by introducing a mix of complementary uses, community services, and people places within a walkable area. Approval of CUP No. 2023-09 will allow residents of Cornerstone Village neighborhood to walk to a restaurant that offers full service dining options, thereby positively contributing to the economic viability of the area by promoting local spending and walkability. Lastly, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses.

Section 2. In accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, 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 SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, City Council 54 – 12 6/6/2023

Resolution No. 2023-XXX

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, after conducting the public hearing, hereby approves Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the abovereferenced hearing, including but not limited to: The Request for City Council Action dated June 6, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 6th day of June 2023 by the following vote.

AYES: Councilmembers: _______________________________________ NOES: Councilmembers: _______________________________________ ABSTAIN: Councilmembers: _______________________________________ NOT
PRESENT:

Councilmembers: _______________________________________ Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:

John M. Funk
Chief Assistant City Attorney
City Council 54 – 13 6/6/2023

Resolution No. 2023-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 6, 2023.

Date:

City Clerk
City of Santa Ana
City Council 54 – 14 6/6/2023

Resolution No. 2023-XXX

EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-09 Conditional Use Permit (“CUP”) No. 2023-09 allowing the sale of distilled spirits in addition to beer and wine for on-premises consumption is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Administrative Code, the California Building Standards Code, and all other applicable regulations.

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this CUP.

The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the CUP.

1. Any amendment to this CUP must be submitted to the Planning Division for review.

At that time, staff will determine if administrative relief is available or the conditional use permit must be amended.

2. The sale of alcoholic beverages for on-premises consumption shall be permitted in accordance with the operational standards for on-premises establishments pursuant to Section 41-196(g) of the SAMC, in accordance with the provisions of an on-premises alcohol license by the California Department of Alcoholic Beverage Control (“ABC”), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project.

3. The sale of alcoholic beverages for on-premises consumption shall be limited from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and from 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday. The applicant shall notify the City in writing upon receipt of the Type 47 license issued by the State Department of Alcohol Beverage Control and of the date the business will initiate the alcohol services licensed by the State. After a six-month operating period following the initial service date, the Planning Commission shall be presented with a staff evaluation of any Police Department, Code Enforcement, Planning, and community-provided concerns. If no concerns are identified by the staff evaluation report and by the Planning Commission, the sale of alcoholic beverages may extend to 12:00 a.m. daily. Modified by Planning Commission on February 24, 2023

4. A modification of this CUP or a subsequent and separate CUP application shall be required for after-hours operations past 12:00 a.m. (midnight) pursuant to Section 41- 196(g)(3) of the SAMC.

5. The Planning Division shall review CUP No. 2023-09 within six (6) months and again no later than one year after full execution of this conditional use permit. Should any City Council 54 – 15 6/6/2023
Resolution No. 2023-XXX

issues arise during such review, CUP No. 2023-09 shall be scheduled for public hearing at the applicant’s full expense for condition modification(s).

6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC.

7. Prior to the release of the resolution, the applicant is responsible for meeting the window sign requirements contained in Section 41-872 (c) of the SAMC and obtaining the proper Planning approval and Building permits for any wall signs installed.

8. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business.

9. The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses.

10. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry.

The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control.

11. The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements.

12. Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the CommunityDevelopment 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 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:

City Council 54 – 16 6/6/2023
Resolution No. 2023-XXX

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);
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 on or 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, obligations and responsibilities set forth under the maintenance agreement; and
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 City Council 54 – 17 6/6/2023
Resolution No. 2023-XXX

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.

City Council 54 – 18 6/6/2023
EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT AND EXHIBITS Planning and Building Agency
Item # xx
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
April 24, 2023
Topic: Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License

RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2023-09 as conditioned.

EXECUTIVE SUMMARY
Maria Sebold with Mariscos Hector Sports Grill (Applicant) and representing McFadden Shopping Center, LLC. (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits, in addition to existing beer and wine sales, for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue. Pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for on-premises consumption require approval of a CUP. Staff is recommending approval of the applicant’s request because the site is located within a commercial center intended for such uses, the site is located facing away from sensitive land uses, and complies with City standards. Additionally, the proposed operational standards and conditions of approval will ensure that the applicant’s request will not negatively affect the surrounding community.

DISCUSSION
Project Description
The applicant is requesting approval of CUP No. 2023-09 to allow the sale of distilled spirits, in addition to its existing beer and wine sales, for on-premises consumption through a Type 47 license from the Department of Alcoholic Beverage Control (ABC) at Mariscos Hector Sports Grill. The eating establishment currently occupies a 3,350-square feet unit within a commercial building located on the southeastern corner of McFadden and Standard avenues. The restaurant can accommodate up to 94 patrons within the indoor dining area. The proposed alcoholic beverages will be stored within a storage room located in the rear of the restaurant and a displayed area located in front of the kitchen’s counter top. The restaurant will contain an overall alcohol storage area of approximately 33 square feet, which is less than five percent of the gross floor area of the City Council 54 – 19 6/6/2023
CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023

tenant space as allowed by the Section 41-196(g)(25) of theSAMC. Hours of operation are from 8:00 a.m. to 12:00 a.m. (midnight) daily. Should the applicant seek to sell alcoholic beverages between 12:00 a.m. (midnight) and 7:00 a.m., a separate CUP will be required in accordance with Section 41-196(g)(3) of the SAMC. Entertainment is occasionally provided on-site and the site’s Entertainment Permit will be renewed as part of this application and in accordance with Section 11-6 of the SAMC.

Table 1: Project and Location Information
Item Information
Project Address and Council Ward
Nearest Intersection
General Plan Designation
Zoning Designation
1208 East McFadden Avenue – Ward 6
McFadden Avenue and Standard Avenue
General Commercial (GC)
Planned Shopping Center (C4)
North
East
South
West
Single-Family Residences
Multi-Family Residences Surrounding Land Uses
Commercial
Property Size 0.95 acres (41,382 square feet)
The subject site contains an 11,760 sq. ft. commercial
building with multiple tenant units.
3,354 square feet
Existing Site Development
Unit Size
Use Permissions Allowed with approval of a CUP
Uses SAMC Sections 41-196 (a)
SAMC Section 41-196(g)
744.03
Zoning Code Sections Affected Operational Standards
Census Tract No.

No. of Allowed and
Existing Licenses
Census Tract and License Information
7 Allowed; 9 Existing
Table 2: Operational Standards
Standards Permissible by SAMC
Bona-Fide
7:00 a.m. to 12:00 a.m.
(midnight), unless extended by (midnight) daily.
a separate after-hours CUP
Provided
Bona-Fide
8:00 a.m. to 12:00 a.m.

Eating Establishment Type
Hours of Operation for ABC
Sales
Window Display
Alcohol Storage and Display
25% of Window Coverage
5% of G.F.A
Complies

0.98% of G.F.A.

Project Background
The subject site was constructed in 1971 with two commercial buildings, one measuring 11,700 square feet and the other measuring 3,000 square feet. City records indicate that since the time of construction, several permits have been issued for site improvements.

The current restaurant, Mariscos Hector Sports Grill, currently occupies a 3,354-square feet unit along the north end of the 11,700-square foot building that is closest to McFadden Avenue.

City Council 54 – 20 6/6/2023
CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023

In 1971, the Planning Commission approved CUP No. 1971-32 allowing the sale of beer and wine for on-premises consumption through a Type 41 ABC license at the subject site for Pelley’s Chow Bell restaurant. Since then, the ABC license has been transferred to various businesses and was transferred to Mariscos Hector Sports Grill in 2013. The applicant is seeking to upgrade its existing ABC license from a Type 41 to a Type 47 ABC license. This would allow the sale of distilled spirits in addition to the existing license that allows on-sale of beer and wine for on-premises consumption which will be an ancillary component to its dining services.

Mariscos Hector operates at two additional locations in Santa Ana: one at 1801 South Main Street, which has an active Type 47 ABC license that was approved by CUP No. 2019-10; and another at 409 North Broadway, which has an active Type 47 ABC license that was approved by CUP 2016-08. Additionally, other locations are in the cities of Anaheim, Orange, and Costa Mesa.

Project Analysis
CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request for the sale of distilled spirits in addition to beer and wine for onpremises and has determined that the addition of distilled spirits at the subject site will not be detrimental to the health, safety, and welfare of the community.

The sale of distilled spirits for on-premises consumption in addition to beer and wine will provide a full-service dining experience with an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal will allow Mariscos Hector Sports Grill to be economically viable and compete with nearby full-service eating establishments that offer similar services to their patrons.

The sale of distilled spirits in addition to the existing sale of beer and wine will not negatively affect the surrounding uses. As previously described, Maricos Hector is located at the north end of the commercial building closest to McFadden Avenue and its main entry faces Standard Avenue, away from residential uses. Additionally, there is currently a block wall and landscape buffer located in the rear of the restaurant acting as a buffer between the restaurant and the multi-family residential buildings located to the east of Maricos Hector. The block wall and landscape buffer remain in sound condition.

The restaurant is currently in compliance with the parking variance (Variance No. 70-21) that was approved in 1970 to allow a parking reduction for this site. In addition, the parking City Council 54 – 21 6/6/2023
CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023

spaces are striped per today’s requirements. Moreover, the applicant will be required to obtain all the necessary permits for any signs, events, or site improvements proposed.

Furthermore, the subject site is not adjacent to any playgrounds, schools, or religious institutions. The nearest sensitive land use is Kenny Elementary School (located at 1300 E. McFadden Avenue), which is approximately 300 feet to the east of the subject site. A multi-family residential development is adjacent to the east side of the subject site However, the restaurant’s main entrance and dining area are located along the west elevation of the building and the operational standards applicable to an ABC license, per Section 41-196(g) of the SAMC, and conditions of approval will mitigate any potential impact created by the use and will ensure that the use will not negatively impact the surrounding community.

General Plan Consistency:

Approval of the proposed CUP will be consistent with several goals and policies of the General Plan. Goal 2 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the LU encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities and Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of CUP No. 2023-09 will contribute to providing a balance of diverse commercial land uses, which will then encourage local spending, strengthen local businesses and increase economic opportunities. In addition, Goal 3 of the LU encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts.

Policy 3.7 promotes a clean, safe, and creative environment for Santa Ana’s residents an, workers, and visitors. Approval of CUP No. 2023-06 will provide reinvestment into the commercial site and enhance the overall consumer environment of the area by increasing activity during business hours. Moreover, providing a variety of full-service restaurants that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Lastly, Policy 4.1 of the LU, encourages complete neighborhoods by introducing a mix of complementary uses, community services, and people places within a walkable area. Approval of CUP No. 2023-09 will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses.

Police Department Analysis:

The Police Department has reviewed the applicant request for sale of distilled spirits in addition to beer and wine for on-premises consumption and has no concerns, as the City Council 54 – 22 6/6/2023
CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023

operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts to the surrounding community. The Police Department carefully evaluated the project site and determined that there has been a total of 38 service calls in the project site’s vicinity since January 1, 2020. Of those 38 calls, seven resulted in reports taken in. The reports were in result of assaults occurring on the integrated commercial center site, while one was a car burglary. According to the Police Department, the number of calls for service is commensurate with the size of the existing center.

The Police Department reviews CUP applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on-premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines “reported crimes” as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations.

The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application.

Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and
Rank
Police Grid No. 187; ranked 18 out of 102 Police Reporting Grids (17th percentile).

Threshold for High
Crime
This reporting district is within the 20 percent threshold established by the State for high crime.

Although the property falls within the 20-percent high crime threshold, the Police Department is satisfied that the operational standards applicable to an on-premises ABC license and conditions of approval will mitigate any negative impacts to the surrounding community, and therefore, does not oppose the granting of CUP No. 2023-09.

Police Department
Recommendation
City Council 54 – 23 6/6/2023
CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023

Public Notification and Community Outreach
In order to ensure the eating establishment was not a nuisance to the neighboring properties, staff contacted four neighborhood leaders on March 14 and 15 of 2023. Staff received positive feedback from the adjacent neighborhoods that there have been no community issues stemming from the establishment’s current operations.

Additionally, 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 6. The site is located within the boundaries of the Cornerstone Village Neighborhood Association and their representatives were contacted on March 14 and 15 of 2023 to identify any areas of concerns due to the proposed application request. Feedback received from the representatives were incorporated into the conditions of approval for this project.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, will be filed for this project.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution

2. Vicinity Zoning and Aerial View

3. Site Photo

4. Site Plan

5. Floor Plan

6. Copy of Public Notices
Prepared By:

Fernanda Arias, Assistant Planner I
City Council 54 – 24 6/6/2023
CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023

Approved By:

Minh Thai, Executive Director of Planning and Building Agency City Council 54 – 25 6/6/2023
RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED

SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES

FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR
SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE

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. Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue.

B.

C.

Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises consumption.

On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site.

D.

E.

On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant.

The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase.

F. On April 24, 2023, the Planning Commission held a duly-noticed public hearing on CUP No. 2023-09.

G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue.

Resolution No. 2023-XXXX

City Council 54 – 26 6/6/2023

1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community.

The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity.

Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community.

2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby.

3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City.

4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use.

Resolution No. 2023-XXXX

City Council 54 – 27 6/6/2023
The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will be in compliance with all applicable regulations and operational standards imposed on an eating establishment selling alcoholic beverages for onpremises consumption pursuant to Chapter 41 of the SAMC. The restaurant will be maintained as a bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the eating establishment will utilize less than five percent (5%) of the gross floor area for display and storage of alcoholic beverages, which is the maximum allowed threshold established by Section 41-196(g)(25) of the SAMC. In addition, operational standards and conditions of approval will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance.

5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use.

The sale of distilled spirits in addition of beer and wine for onpremises consumption at the subject location will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2023-09 supports several goals and policies of the General Plan. Goal 2 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities and Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of CUP No. 2023-09 will contribute to providing a balance of diverse commercial land uses, which will then encourage local spending, strengthen local businesses and increase economic opportunities. Moreover, providing a variety of full-service restaurants that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Policy 4.1 of the LU, encourages complete neighborhoods by introducing a mix of complementary uses, community services, and people places within a walkable area. Approval of CUP No. 2023-09 will allow residents of Cornerstone Village neighborhood to walk to a restaurant that offers full service dining option, thereby positively contributing to the economic viability of the area by promoting local spending and walkability. Lastly, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses.

Section 2. In accordance with the California Environmental Quality Act (“CEQA”)and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the Resolution No. 2023-XXXX

City Council 54 – 28 6/6/2023
operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, 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 SubdivisionMap 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 Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 24, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 24th day of April 2023 by the following vote.

AYES: Commissioners:

Commissioners:

Commissioners:

NOES:

ABSENT:

ABSTENTIONS: Commissioners:

Resolution No. 2023-XXXX

City Council 54 – 29 6/6/2023
Bao Pham
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

John M. Funk
Chief Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 24, 2023.

Date:

Nuvia Ocampo
Recording Secretary
City of Santa Ana
Resolution No. 2023-XXXX

City Council 54 – 30 6/6/2023

EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-09 Conditional Use Permit (“CUP”) No. 2023-09 allowing the sale of distilled spirits in addition to beer and wine for on-premises is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Administrative Code, the California Building Standards Code, and all other applicable regulations.

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this CUP.

The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the CUP.

1. Any amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended.

2. The sale of alcoholic beverages for on-premises consumption shall be permitted in accordance with the operational standards for on-premises establishments pursuant to Section 41-196(g) of the SAMC, in accordance with the provisions of an on-premises alcohol license by the California Department of Alcoholic Beverage Control (“ABC”), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project.

3. 4.

The sale of alcoholic beverages for on-premises consumption shall be limited from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and from 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday, unless modified through a modification of this CUP or a subsequent and separate CUP application for after-hours operations past 12:00 a.m. (midnight) pursuant to Section 41-196(g)(3) of the SAMC.

The Planning Division shall review CUP No. 2023-09 within six (6) months and again no later than one year after full execution of this conditional use permit. Should any issues arise during such review, CUP No. 2023-09 shall be scheduled for public hearing at the applicant’s full expense for condition modification(s).

5. 6.

Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC.

Prior to the release of the resolution, the applicant is responsible for meeting the window sign requirements contained in Section 41- 872 (c) of the SAMC and obtaining the proper Planning approval and Building permits for any wall signs installed.

7. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in Resolution No. 2023-XXXX

City Council 54 – 31 6/6/2023
the immediate vicinity of the business.

8. 9.

The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses.

At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control.

10. 11.

The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements.

Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the CommunityDevelopment 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 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 andrestrictions, 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.
d.

Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable:

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 on or about the property; the proper and timely removal of graffiti; the Resolution No. 2023-XXXX

City Council 54 – 32 6/6/2023
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.
f.

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 themaintenance agreement and both shall be jointly and severally liable for compliance with its terms; 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, obligations and responsibilities set forth under the maintenance agreement; and 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.

Resolution No. 2023-XXXX

City Council 54 – 33 6/6/2023
RESOLUTION NO. 2023-07

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED

SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES

FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR
SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE

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. Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue.

B.

C.

Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises consumption.

On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site.

D.

E.

On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant.

The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase.

F. On April 24, 2023, the Planning Commission held a duly-noticed public hearing on CUP No. 2023-09.

G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue.

Resolution No. 2023-07

City Council 54 – 34 6/6/2023

1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community.

The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity.

Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community.

2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby.

3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City.

4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use.

Resolution No. 2023-07

City Council 54 – 35 6/6/2023
The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will be in compliance with all applicable regulations and operational standards imposed on an eating establishment selling alcoholic beverages for onpremises consumption pursuant to Chapter 41 of the SAMC. The restaurant will be maintained as a bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the eating establishment will utilize less than five percent (5%) of the gross floor area for display and storage of alcoholic beverages, which is the maximum allowed threshold established by Section 41-196(g)(25) of the SAMC. In addition, operational standards and conditions of approval will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance.

5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use.

The sale of distilled spirits in addition of beer and wine for onpremises consumption at the subject location will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2023-09 supports several goals and policies of the General Plan. Goal 2 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities and Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of CUP No. 2023-09 will contribute to providing a balance of diverse commercial land uses, which will then encourage local spending, strengthen local businesses and increase economic opportunities. Moreover, providing a variety of full-service restaurants that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Policy 4.1 of the LU, encourages complete neighborhoods by introducing a mix of complementary uses, community services, and people places within a walkable area. Approval of CUP No. 2023-09 will allow residents of Cornerstone Village neighborhood to walk to a restaurant that offers full service dining option, thereby positively contributing to the economic viability of the area by promoting local spending and walkability. Lastly, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses.

Section 2. In accordance with the California Environmental Quality Act (“CEQA”)and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the Resolution No. 2023-07

City Council 54 – 36 6/6/2023
operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, 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 SubdivisionMap 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 Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 24, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 24th day of April 2023 by the following vote.

AYES: Commissioners: ESCAMILLA, LEO, MCLOUGHLIN, OLIVA, PHAM, WOO NOES: Commissioners:

ABSENT: Commissioners: RAMOS
ABSTENTIONS: Commissioners:

Resolution No. 2023-07

City Council 54 – 37 6/6/2023
Bao Pham
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

John M. Funk
Chief Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 24, 2023.

Date:

Nuvia Ocampo
Recording Secretary
City of Santa Ana
Resolution No. 2023-07

City Council 54 – 38 6/6/2023

EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-09 Conditional Use Permit (“CUP”) No. 2023-09 allowing the sale of distilled spirits in addition to beer and wine for on-premises is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Administrative Code, the California Building Standards Code, and all other applicable regulations.

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this CUP.

The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the CUP.

1. Any amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended.

2. The sale of alcoholic beverages for on-premises consumption shall be permitted in accordance with the operational standards for on-premises establishments pursuant to Section 41-196(g) of the SAMC, in accordance with the provisions of an on-premises alcohol license by the California Department of Alcoholic Beverage Control (“ABC”), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project.

3. The sale of alcoholic beverages for on-premises consumption shall be limited from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and from 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday. The applicant shall notify the City in writing upon receipt of the Type 47 license issued by the State Department of Alcohol Beverage Control and the date the business will initiate the alcohol services licensed by the State. After a six-month operating period following the initial service date, the Planning Commission shall be presented with a staff evaluation of any Police Department, Code Enforcement, Planning, and community-provided concerns. If no concerns are identified by the staff evaluation report and by the Planning Commission, the sale of alcoholic beverages may extend to 12:00 a.m. daily. Modified by Planning Commission on February 24, 2023

4. 5.

A modification of this CUP or a subsequent and separate CUP application shall be required for after-hours operations past 12:00 a.m. (midnight) pursuant to Section 41- 196(g)(3) of the SAMC.

The Planning Division shall review CUP No. 2023-09 within six (6) months and again no later than one year after full execution of this conditional use permit. Should any issues arise during such review, CUP No. 2023-09 shall be scheduled for public hearing at the applicant’s full expense for condition modification(s).

6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds Resolution No. 2023-07

City Council 54 – 39 6/6/2023
for permit revocation and/or suspension as described in Section 41-651 of the SAMC.

7. 8.

Prior to the release of the resolution, the applicant is responsible for meeting the window sign requirements contained in Section 41- 872 (c) of the SAMC and obtaining the proper Planning approval and Building permits for any wall signs installed.

The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business.

9. The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses.

10. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control.

11. 12.

The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements.

Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the CommunityDevelopment 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 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 andrestrictions, as applicable (including but not limited to hours of operation, security requirements, Resolution No. 2023-07

City Council 54 – 40 6/6/2023
the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
c.
d.

Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable:

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 on or 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.
f.

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 themaintenance agreement and both shall be jointly and severally liable for compliance with its terms; 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, obligations and responsibilities set forth under the maintenance agreement; and 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.

Resolution No. 2023-07

City Council 54 – 41 6/6/2023
RESOLUTION NO. 2023-07

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED

SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES

FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR
SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE

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. Maria Sebold with Mariscos Hector Sports Grill (“Applicant”) and representing McFadden Shopping Center, LLC. (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing restaurant located at 1208 East McFadden Avenue.

B.

C.

Section 41-196 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for establishments wishing to sell alcoholic beverages for on-premises consumption.

On November 8, 1971, the Planning Commission approved CUP No. 1971-34 allowing the sale of beer and wine for on-premises consumption, through a Type 41 license from the State Department of Alcoholic Beverage Control (“ABC”), at the subject site.

D.

E.

On February 24, 2023, the applicant submitted a CUP application to the Planning Division to upgrade its existing ABC license from a Type 41 to a Type 47 license to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at the existing restaurant.

The restaurant meets all required standards specified by Section 41-196 of the SAMC and ABC for the sale of alcoholic beverages for on-premises consumption by containing a full kitchen and a menu of hot and cold food items for purchase.

F. On April 24, 2023, the Planning Commission held a duly-noticed public hearing on CUP No. 2023-09.

G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the SAMC, have been established for CUP No. 2023-09 to allow the sale of distilled spirits in addition to beer and wine for on-premises consumption at an existing eating establishment located at 1208 East McFadden Avenue.

Resolution No. 2023-07

City Council 54 – 42 6/6/2023

1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community.

The sale of distilled spirits, in addition to beer and wine sales, for on-premises consumption at this location will provide an ancillary service to the eating establishment’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity.

Operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community.

2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, per Section 41-196 of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. Existing conditions illustrate that the restaurant is located at the north end of the existing commercial building, closest to McFadden Avenue and the main entry is facing Standard Avenue, away from residential uses. In addition, the existing block wall and landscape buffer remain in sound condition. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby.

3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.

The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer a full selection of alcoholic beverages to their customers. Moreover, the offering of distilled spirits will allow the eating establishment to remain economically viable, thereby contributing to the overall success of the City.

4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use.

Resolution No. 2023-07

City Council 54 – 43 6/6/2023
The sale of distilled spirits, in addition to beer and wine, for onpremises consumption at the subject location will be in compliance with all applicable regulations and operational standards imposed on an eating establishment selling alcoholic beverages for onpremises consumption pursuant to Chapter 41 of the SAMC. The restaurant will be maintained as a bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the eating establishment will utilize less than five percent (5%) of the gross floor area for display and storage of alcoholic beverages, which is the maximum allowed threshold established by Section 41-196(g)(25) of the SAMC. In addition, operational standards and conditions of approval will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance.

5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use.

The sale of distilled spirits in addition of beer and wine for onpremises consumption at the subject location will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2023-09 supports several goals and policies of the General Plan. Goal 2 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities and Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of CUP No. 2023-09 will contribute to providing a balance of diverse commercial land uses, which will then encourage local spending, strengthen local businesses and increase economic opportunities. Moreover, providing a variety of full-service restaurants that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Policy 4.1 of the LU, encourages complete neighborhoods by introducing a mix of complementary uses, community services, and people places within a walkable area. Approval of CUP No. 2023-09 will allow residents of Cornerstone Village neighborhood to walk to a restaurant that offers full service dining option, thereby positively contributing to the economic viability of the area by promoting local spending and walkability. Lastly, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses.

Section 2. In accordance with the California Environmental Quality Act (“CEQA”)and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the Resolution No. 2023-07

City Council 54 – 44 6/6/2023
operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, 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 SubdivisionMap 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 Conditional Use Permit No. 2023-09, as conditioned in Exhibit A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East McFadden Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated April 24, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 24th day of April 2023 by the following vote.

AYES: Commissioners: ESCAMILLA, LEO, MCLOUGHLIN, OLIVA, PHAM, WOO NOES: Commissioners:

ABSENT: Commissioners: RAMOS
ABSTENTIONS: Commissioners:

Resolution No. 2023-07

City Council 54 – 45 6/6/2023
Bao Pham
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

John M. Funk
Chief Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 24, 2023.

Date:

Nuvia Ocampo
Recording Secretary
City of Santa Ana
Resolution No. 2023-07

City Council 54 – 46 6/6/2023

EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-09 Conditional Use Permit (“CUP”) No. 2023-09 allowing the sale of distilled spirits in addition to beer and wine for on-premises is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (“SAMC”), the California Administrative Code, the California Building Standards Code, and all other applicable regulations.

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this CUP.

The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the CUP.

1. Any amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended.

2. The sale of alcoholic beverages for on-premises consumption shall be permitted in accordance with the operational standards for on-premises establishments pursuant to Section 41-196(g) of the SAMC, in accordance with the provisions of an on-premises alcohol license by the California Department of Alcoholic Beverage Control (“ABC”), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project.

3. The sale of alcoholic beverages for on-premises consumption shall be limited from 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and from 8:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday. The applicant shall notify the City in writing upon receipt of the Type 47 license issued by the State Department of Alcohol Beverage Control and the date the business will initiate the alcohol services licensed by the State. After a six-month operating period following the initial service date, the Planning Commission shall be presented with a staff evaluation of any Police Department, Code Enforcement, Planning, and community-provided concerns. If no concerns are identified by the staff evaluation report and by the Planning Commission, the sale of alcoholic beverages may extend to 12:00 a.m. daily. Modified by Planning Commission on February 24, 2023

4. 5.

A modification of this CUP or a subsequent and separate CUP application shall be required for after-hours operations past 12:00 a.m. (midnight) pursuant to Section 41- 196(g)(3) of the SAMC.

The Planning Division shall review CUP No. 2023-09 within six (6) months and again no later than one year after full execution of this conditional use permit. Should any issues arise during such review, CUP No. 2023-09 shall be scheduled for public hearing at the applicant’s full expense for condition modification(s).

6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds Resolution No. 2023-07

City Council 54 – 47 6/6/2023
for permit revocation and/or suspension as described in Section 41-651 of the SAMC.

7. 8.

Prior to the release of the resolution, the applicant is responsible for meeting the window sign requirements contained in Section 41- 872 (c) of the SAMC and obtaining the proper Planning approval and Building permits for any wall signs installed.

The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business.

9. The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses.

10. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s contact information shall be posted in a conspicuous location at the restaurant’s front entry. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by ABC and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control.

11. 12.

The applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements.

Prior to the release of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the CommunityDevelopment 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 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 andrestrictions, as applicable (including but not limited to hours of operation, security requirements, Resolution No. 2023-07

City Council 54 – 48 6/6/2023
the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
c.
d.

Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable:

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 on or 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.
f.

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 themaintenance agreement and both shall be jointly and severally liable for compliance with its terms; 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, obligations and responsibilities set forth under the maintenance agreement; and 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.

Resolution No. 2023-07

City Council 54 – 49 6/6/2023
3/21/23, 6:22 PM .

CUP No. 2023-09 for Mariscos Hector ABC License
1208 East McFadden Avenue
Zoning
350 feet
Exhibit 2 - Vicinity Zoning and Aerial View
© 2023 Digital Map Products. All rights reserved.
https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 City Council 54 – 50 6/6/2023
CUP No. 2023-09 – Mariscos Hector AB License
1208 East McFadden Avenue
Exhibit 3 – Site Photo
City Council 54 – 51 6/6/2023
CUP No. 2023-09 for Mariscos Hector ABC License
1208 East McFadden Avenue
216'-
0" PL=42
0' (E) 6' HIGH BLOCK WALL
(E)
PLANTE
R
(E)
PLANTE
R
22'-
11" (E)PAVED DRIVEWAY
TRASH
AREA
15'-
0" RESIDENTIAL - COMMERCIAL BUILDING DESIGN
20'-
2" 18'-
0"
18'-
0"
Oscar EXISTIN Vega G
Marisc
os
Hector'
s #2
35'-
8"
d e s i g n e r 25'- CLOTHI 0"
NG
RETAI
L
INSURA
NCE
OFFIC
E
MI
NI
NAI

L METRO
PCS
COI
N
TORTIL
LA
SALES
534 W
LINCOLN AVE.

ANAHEIM CA 92805
PHARM
ACY
MEDIC
AL
CLINIC
MARK
ET

SALON CELL
RETAIL
LAUND
RY
18'- STO 0"

RE STOR
E
1,002
sq.ft.

CELL: (714)
499 - 1247 OFFICE: (714) 829 - 4234
765
sq.ft.
825
sq.ft.
1,012
sq.ft.
648
sq.ft.
1,114
sq.ft.
809
sq.ft.
829
sq.ft.
1,234
sq.ft. 25'-
0"
oscar.vega@vecod
esigns.com
9'-0"
+3"
(TYP.)
+3"

0.0" ±

0.0"

0.0"

0.0" (E) WALKWA
Y
(E) WALKWA
Y
(E) PATH OF

TRAVEL (E) PAVED PARKING LOT
(E) 3" HIGH
CURB
(E) 3" HIGH CURB
(E) PAVED PARKING LOT
±

0.0"

0.0"
NO

PARKING
9'-0" 9'-0" 8'-0" 9'-0" 9'-0" 8'-0"
(TYP.) (TYP.)
8'-4"
(TYP.)
16'-
0"
(TYP.)
16'-
0"
(TYP.)
PL=117
.9' 25'-
0" 30'-
0"
20'-
0"
18'-
0"
30'-
0"
16'-
0"
(TYP.)

EXISTING

COMMERCIAL

BUILDING

AUTOZONE

EXISTING

COMMERCIAL

BUILDING
STATER BROS.

MARKET
(REFERENCE ONLY)

REVISIO
NS
BY
(REFERENCE ONLY)

PROJECT
NAME: MARISCOS
HECTOR
25'-
0"
JOB SITE:
1210 E McFadden
Ave. STB B
Santa Ana CA 92705 PHONE:
714-585-
9546
PLA
N:

SITE
PLAN PL=30
2' (E)SIDEW
ALK
(E)SIDEW

ALK DRAW
N
O.V. (E)DRIVE APPROACHED
(E)DRIVE APPROACHED
(E)DRIVE APPROACHED DAT
E SITE
PLAN
02-10-
2023 JOB N No. S

STANDARD
AVE.
21-
036
SHEE
T SCALE: 1/16"
= 1'-0" A1.1
Exhibit 4 - Site Plan OF SHEET
S
City Council 54 – 52 6/6/2023
CUP No. 2023-09 for Mariscos Hector ABC License
1208 East McFadden Avenue
SYMBOL
LEGEND

EXISTING
CAMERAS 50'-
0"
5'-
11"
6'-
0"
8'-
5"
29'-
8" RESIDENTIAL - COMMERCIAL BUILDING DESIGN
WALL

SCHEDULE EXISTI
NG
EXISTI
NG

EXISTING WALLS
TO REMAIN Oscar Vega

NSF APPROVED

SHELVIN G

NSF APPROVED

SHELVIN G

NSF APPROVED

SHELVIN G
d e s i g NON-LOAD n e r

INSOLATED PANEL
(N) WALLS TO REMAIN

EMPLOYEE

SERVICE STATION
534 W
LINCOLN AVE.

ANAHEIM CA 92805
10'-
0" EXISTING

OCCUPANCY
LOAD
(N) WOMEN'
S

RESTROO
MS
CELL: (714)
499 - 1247 OFFICE: (714) 829 - 4234
(ASSEMBLY AREA) C ACCESSI
BLE
ENTRAN
CE
SING

NSF APPROVED

SHELVIN G
BASED ON TABLE 1004.1.2 (2019 CBC) SELFCLOSING EXISTING

ICE MACHINE SERVIC
E
COUNT
ER
oscar.vega@vecod A. DINING AREA esigns.com 1.......................................................1,1 23 S.F.
1 OCC. / 15 S.F. = 1,123 /15 =
........................................75
(E)WO
RK
TABLE
(E) C
ALCOHO
L
STORAG
E
B. DINING AREA

2...........................................................2 97 S.F.
1 OCC. / 15 S.F. = 297 /15 =
...........................................20
(E) A LANDING 2%
SLOPE MAX. TOTAL
....................................................
....94 OCC.

REF. B
WOMEN(
S) RESTROO MROUTE" SIGN
(E)
FLOOR

SINK EXIT

ANALYSIS
TOTAL
OCCU........................................................ ........................94
EXITS (INCHES PER OCCUPANT):.............................................. ..0.2
(E) MOP

SINK (E)HO
OD 94 (0.2)= 19

INCHES EGRESS WIDTH
REQUIRED:..........................................19
INCHES

EGRESS WIDTH
PROVIDED:.........................................108
INCHES
(E)
KITCHEN 4 (E) DINING
AREA 2

NSF APPROVED
SHELVIN G 3'-
6" DOOR
SCHEDULE (E) PASSTHROUGH ACCESSI
BLE
ENTRAN
CE
SING
EXITIN
G
/ NEW
SY
M
A

SIZE TYP
E
QTY
2 COUNTER
TOP
STORE FRONT TEMP.

GLASS DOOR W/ PANIC HARDWARE OR
NOTE 1 BELOW
6'-0" x
6'-8" 5 EXISTI
NG
EXISTI
NG
(E)
STORAGE 1 ALCOHO
L

DISPLAY AREA

25.0 sq.ft.

SOLID, SELF CLOSING DOOR W/ PANIC HARDWARE
B 3'-0" x
6'-8"
3'-0" x
6'-8"
2 3
TACTILE 3'- EGRESS 0"
SIGN
(E) WALK IN
FREEZE
R
EXISTI
NG

C COMMERCIAL
(E) EMPLOYEE WOOD DOOR
AREA 1 NOTE
S:

1.-
(E)

LANDING COUNTER
TOP
COUNT ER *PANIC HARDWARE MAY BE OMITTED FROM A SINGLE

DOOR OR DOUBLE DOOR SERVING
AS THE MAIN ENTRY FOR AN A OCCUPANCY WITH 300 OR LESS OCCUPANTS IF A SIGN READING "THESE DOORS TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED" IS PLACED IN A CONSPICUOUS LOCATION NEAR THE DOOR AND THE DOOR IS EQUIPPED WITH A KEY-OPERATED LOCK THAT VISUALLY INDICATES WHETHER IT IS LOCKED (E.G., WITH A VIEW WINDOW THAT HAS A RED/GREEN FLAG OR SAYS "OPEN"/"LOCKED"). IF THIS EXCEPTION WILL BE USED, A 2%
SLOPE MAX. (E) PONY WALL
42" HIGH
5'-
0" "MAX. 94
OCCU." (SIGN
) 2.- "MAXIMUM EFFORT TO OPERATE DOORS SHALL NOT
EXCEED 5 POUNDS FOR EXTERIOR DOORS AND INTERIOR DOORS, SUCH PULL OR PUSH

EFFORT BEING APPLIED AT RIGHT
ANGLES TO HINGED DOORS AND AT THE CENTER PLACE OF SLIDING OR FOLDING DOORS. COMPENSATING DEVICES OR AUTOMATIC DOOR OPERATORS MAY BE UTILIZED TO MEET THE ABOVE STANDARDS. WHEN FIRE DOORS ARE REQUIRED, THE MAXIMUM

EFFORT TO OPERATE THE DOOR MAY BE INCREASED TO THE MINIMUM ALLOWABLE BY THE APPROPRIATE ADMINISTRATIVE AUTHORITY, NOT TO EXCEED 15 POUNDS 1 (E)

STORAGE
2 REVISIO
NS
BY
2'-
0" ALCOH
OL

STORA GEAREA
FLOOR AREA OF ALCOHOLIC STORAGE 8.0
sq.ft.

TOTAL RESTAURANT AREA
................................ 3,354 sq.ft. = 100%
ALCOHOLIC STORAGE AREA .........8
sq.ft.

NSF APPROVED
SHELVIN G 2
3 ALCOHOLIC DISPLAY
AREA............25 sq.ft. PROJECT
NAME:

TOTAL ALCOHOLIC STORAGE & DISPLAY
AREA:......33 sq.ft. = X MARISCOS
HECTOR
FORMUL
A = (E) MEN'S
RESTRO
OMS
(E) DINING AREA 1 EXI
T .

A
A
C
B
X
B C JOB SITE:
1210 E McFadden
Ave. STB B
Santa Ana CA 92705
X =
.

PHONE:
714-585-
9546
3,35
4 33
10 0
X
100
33 3,35
4 3,30
0 3,35
4 X = = = 0.98
sq.ft. B (E) FIXED WINDOWS
(E) FIXED WINDOWS(E) FIXED WINDOWS PLA
9'- N:
3"
6'-
9"
43'-
11" TOTAL AREA FOR

ALCOHOLIC STORAGE FLOOR
PLAN
60'-
0" AND ALCOHOLIC DISPLAY
...............................33 sq.ft. = 0.98% Existing floor plan
N DRAW
N SCOPE OF WORK: O.V.
- UPGRADE LIQUOR
LICENSE FROM 41 TO 47
SCALE: 1/4"
= 1'-0"
DAT
02-10- E
2023 JOB No. 21-
036
SHEE
T
A2.1
Exhibit 5 - Floor Plan OF SHEET
S
City Council 54 – 53 6/6/2023
O R A N G E C O U N T Y R E P O R T E R ~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.co m
NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 OR# 3688940 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565- 2627.

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.
4/10/2 3 OR- COPY OF 3688940#
NOTICE
Planning Commission Action Planning: Commission The will hold a Notice Public
Type: GPN GOVT PUBLIC NOTICE
Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group.

Ad Descriptio
n
1208 E McFadden Avenue
Project Location: 1208 East McFadden Avenue located within the Planned Shopping Center (C4) zone.

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):

Project Applicant: Mariscos Hector Sports Grill(Applicant) and McFadden Shopping Center LLC (Property Owner) Proposed Project: The applicant is requesting to upgrade the existing Type 41 On-sale Alcoholic Beverage Control (ABC) license for a Type 47 Alcoholic Beverage On-SaleControl (ABC) license. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines. Categorical Exemption ER No. 2023-24 will be filled for this project. 04/10/20 23
Meeting Details: This matter will be heard on Monday, April 24, 2023 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 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. Publicati on
Total
$113.1 5
$113.1 5
visit www.santa- participation. ana.org/pb/meeting- Written Comments: If you are unable to participate in the meeting,
you may send written PBAeComments@san ta-ana.org (reference the Agenda Item comme nts by e- mail to
# in subject line) or mailtheto Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, 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 Commission but will be made part of the record.

Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA

BUSINESS JOURNAL, RIVERSIDE
(714) 543- 2027 (951) 784- 0111
(213) 229- 5300
(213) 229- 5300
(800) 640- 4829
(408) 287- 4866
(916) 444- 2355
(619) 232- 3486
(510) 272- 4747
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

DAILY COMMERCE, LOS ANGELES LOS ANGELES DAILY JOURNAL, LOS ANGELES

SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO

SAN JOSE POST-RECORD, SAN JOSE

THE DAILY RECORDER, SACRAMENTO

THE DAILY TRANSCRIPT, SAN DIEGO

THE INTER-CITY EXPRESS, OAKLAND
hearin
g
at: https://sa ana.primegov.com/pu nta- blic/portal. Who To Contact For Questions: Should you have any questions, please contact Fernanda Arias with the Planning and Building Agency at [email protected] or 714-667-2792.

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 !A0000062 hearing. 77512! City Council 54 – 54 6/6/2023
Housing Authority
www.santa-ana.org/community-development
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Extension of HUD-VASH and FYI Special Fees Agreements with the Orange County United Way

AGENDA TITLE
Extension of Agreements with the Orange County United Way to Continue to Administer Special Fees from the U.S. Department of Housing and Urban Development for the Veterans Affairs Supportive Housing (HUD-VASH) and Foster Youth to Independence (FYI) Programs

RECOMMENDED ACTION

1. Authorize the Executive Director of the Housing Authority to execute a First Amendment to the HUD-VASH Special Fees Agreement with the Orange County United Way to extend the Agreement for an additional two-year term from July 1, 2023 to June 30, 2025, subject to non-substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel.

2. Authorize the Executive Director of the Housing Authority to execute a First Amendment to the FYI Special Fees Agreement with the Orange County United Way to extend the Agreement for an additional two-year term from July 1, 2023 to June 30, 2025, subject to non-substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel.

DISCUSSION
On November 2, 2021, the City Council authorized the Executive Director of the Housing Authority to execute two agreements with the Orange County United Way to provide housing stabilization and supportive services beginning November 2, 2021 and expiring June 30, 2023, for a total amount not to exceed $168,034. The funding comes in two parts from Special Fees awarded by the U.S. Department of Housing and Urban Development for the Veterans Affairs Support Housing (HUD-VASH) and Foster Youth to Independence (FYI) Programs. The purpose of the HUD-VASH Special Fees is to support additional or extraordinary related administrative expenses incurred to increase lease-up success rates or decrease the time it takes for a homeless veteran to locate and move-in to a unit, such as landlord incentives, housing search assistance, unit holding fees, security deposit fees, and application fees. The purpose of the FYI Special Fees is to support necessary additional or extraordinary related administrative expenses incurred to achieve 100-percent FYI voucher utilization.

City Council 2 – 1 6/6/2023
Extension of Agreements with the Orange County United Way June 6, 2023

The Housing Authority administers 280 HUD-VASH vouchers for homeless veterans and 70 FYI vouchers for foster youth and the Orange County United Way’s WelcomeHome OC program provides a landlord incentive program with these Special Fees. Specifically, the WelcomeHome OC program conducts extensive landlord outreach in the private market and provides landlord incentives to increase the availability of rental units and decrease the time involved in the search for an eligible and affordable unit for HUD-VASH and FYI voucher holders. Their housing navigators connect landlords to clients through housing navigation services, and facilitates the lease-up process while ensuring wrap-around supportive services are in place afterwards for the tenants. The WelcomeHome OC program also works with many homeless service providers to ensure clients have the case management and supportive services they need to keep them in their home.

However, the Housing Authority’s two agreements with the Orange County United Way are set to expire on June 30, 2023. Due to various factors such as COVID-19 and a very competitive rental market, the Orange County United Way has not been able to expend the funds available under their agreements. With these remaining one-time funds, staff is recommending approval of a two-year extension for these two agreements with the Orange County United Way’s WelcomeHomeOC program to continue to administer these Special Fees on behalf of the Housing Authority (Exhibits 1 and 2). The extension of these two agreements will support homeless veterans and foster youth to successfully lease-up with assistance from our Housing Authority.

FISCAL IMPACT
Any remaining balances not expended at the end of the fiscal year (FY) 2022-23 will be presented to the City Council for approval of carryovers to FY 23-24 and is estimated to be $115,028 in the Housing Authority Vouchers Admin account (no.14018002-62300) The estimated expenditures are as follows:

Fiscal
Year
Accounting
Unit-Account
Fund
Description
Accounting Unit, Account
Description Amount
FY 23-24 14018760-62300 Housing Authority Housing Authority Voucher Admin, Contract Services-Professional $ 59,017
FY 24-25 14018760-62300 Housing Authority Housing Authority Voucher Admin, Contract Services-Professional $ 38,011
FY 25-26 14018760-62300 Housing Authority Housing Authority Voucher Admin, Contract Services-Professional $ 18,000
Total Expenditure $115,028

EXHIBIT(S)

1. First Amendment to HUD-VASH Special Fees Agreement with Orange County United Way

2. First Amendment to FYI Special Fees Agreement with Orange County United Way
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 2 – 2 6/6/2023

FIRST AMENDMENT TO HOUSING CHOICE VOUCHER PROGRAM HUD-VASH

SPECIAL FEES SUBCONTRACTOR AGREEMENT BETWEEN THE HOUSING

AUTHORITY OF THE CITY OF SANTA ANA AND ORANGE COUNTY UNITED WAY
(First Amendment to HUD-V ASH Special Fees Agreement)
THIS FIRST AMENDMENT ("First Amendment") to the above-referenced agreement is entered into ______ , 2023, by and between the Housing Authority of the City of Santa Ana, a public body, corporate and politic ("Contractor"), and Orange County United Way, a California nonprofit organization ("Subcontractor"). Contractor and Subcontractor shall be collectively referred to as the "Parties."

RECITALS
A. The Parties entered into Agreement No. A-2022-H-004 ("Agreement") dated November 2, 2021, whereby Subcontractor agreed to provide support and services under the Agreement (aka "HUD-VASH Special Fees Agreement") pursuant to HUD-VASH Special Fees funds, including but not limited to, staff to provide HUD-V ASH clients with housing search assistance and landlord recruitment activities to engage landlords to participate in the I-IUD-V ASH program.

B. The Parties now wish to amend the Agreement to extend the Agreement term an additional two (2) years.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows:

I. Section 2, TERM, is hereby amended to read in its entirety as follows:

This HUD-V ASH Special Fees Agreement shall take effect on the date first written above and shall terminate on June 30, 2025, unless otherwise cancelled or modified according to the terms of this HUD-V ASH Special Fees Agreement.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect.
[signature page to follow]
EXHIBIT 1
City Council 2 – 3 6/6/2023
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

ATTEST
Jennifer Hall
Secretary

APPROVED AS TO FORM
SONIA R. CARVALHO
Authority General Counsel
ByytltM� (}j)th.4__� -1iJ!L,
Andrea Garcia-Miller
Assistant Counsel

HOUSING AUTHORITY OF THE CITY

OF SANTA ANA
Michael L. Garcia
Executive Director

ORANGE COUNTY UNITED WAY
����-�
lee Tello
Chief Financial Officer
EXHIBIT 1
City Council 2 – 4 6/6/2023

FIRST AMENDMENT TO HOUSING CHOICE VOUCHER PROGRAM FUP/FYI

SPECIAL FEES SUBCONTRACTOR AGREEMENT BETWEEN THE HOUSING

AUTHORITY OF THE CITY OF SANTA ANA AND ORANGE COUNTY UNITED WAY
(First Amendment to FUP/FYI Special Fees Agreement)
THIS FIRST AMENDMENT ("First Amendment") to the above-referenced agreement is entered into---� 2023, by and between the Housing Authority of the City of Santa Ana, a public body, corporate and politic ("Contractor"), and Orange County United Way, a California nonprofit organization ("Subcontractor"). Contractor and Subcontractor shall be collectively referred to as the "Parties."

RECITALS
A. The Parties entered into Agreement No. A-2022-I-I-003 ("Agreement") dated November 2, 2021, whereby Subcontractor agreed to provide support and services under the Agreement (aka "FUP/FYI Special Fees Agreement") pursuant to FUP funding for FYI, including but not limited to, staff to provide FUP/FYI clients with housing search assistance and landlord recruitment activities to engage landlords to participate in the FUP/FYI program.

B. The Parties now wish to amend the Agreement to extend the Agreement term an additional two (2) years.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows:

1. Section 2, TERM, is hereby amended to read in its entirety as follows:

This FUP/FYI Special Fees Agreement shall take effect on the date first written above and shall terminate on June 30, 2025, unless otherwise cancelled or modified according to the terms of this FUP/FYI Special Fees Agreement.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect.
[signature page to follow]
EXHIBIT 2
City Council 2 – 5 6/6/2023
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

AT TES T
Jennifer Hall
Secretary

APPROVED AS TO FORM
SONIA R. CARVALHO
Authority General Counsel
By
Assis
Andrea
Y[lt
tant
Garcia-Miller
Counsel
cluc. ()/Jat,ei_� -�

HOUSI NG AUTHORITY OF THE CITY

OF SANTAANA
Michael L. Garcia
Executive Director

ORANGE COUNTY UNITED WAY
�� Emilee Tello
tief.-Financial Officer
EXHIBIT 2
City Council 2 – 6 6/6/2023
Housing Authority
www.santa-ana.org/community-development
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Fiscal Year 2023-24 Housing Authority Annual Plan

AGENDA TITLE
Public Hearing: Approve the Fiscal Year 2023-24 Housing Authority Annual Plan

RECOMMENDED ACTION

1. Conduct a public hearing in consideration of the approval and submission of the Fiscal Year 2023-24 Housing Authority Annual Plan to the U.S. Department of Housing and Urban Development.

2. Adopt a resolution approving the Fiscal Year 2023-24 Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the U.S. Department of Housing and Urban Development.

DISCUSSION
The U.S. Department of Housing and Urban Development (HUD) requires housing authorities that administer a Housing Choice Voucher (HCV) program to have an Annual Plan for the management and operation of the program. The general purpose of the Annual Plan is to advise HUD, program participants, applicants, and members of the public on the Housing Authority’s policies, programs, operations, and strategies for meeting local housing needs and goals. Specifically, the Fiscal Year (FY) 2023-24 Housing Authority Annual Plan provides information on the following topics: (1) new activities to be undertaken by the Housing Authority in the next fiscal year; (2) findings from the most recent fiscal year audit; and (3) annual progress the Housing Authority has made in meeting the goals and objectives described in the Five-Year Plan for FY 2020-25 (Exhibit 1). This Annual Plan is for the fourth year of the Housing Authority’s Five-Year Plan for FY 2020-25.

As required by HUD, three ad hoc Resident Advisory Board meetings were held on February 16, 2023 with HCV participants who receive housing assistance from the Housing Authority. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants in the HCV Program who reside in the City of Santa Ana were mailed a survey and an invitation to participate on the Resident Advisory Board. The comments from the Resident Advisory Board and survey were incorporated into the Annual Plan.

City Council 3 – 1 6/6/2023
Fiscal Year 2023-24 Housing Authority Annual Plan
June 6, 2023

Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by: (1) considering the feasibility of each recommendation; (2) discussing as a team the opportunity for the Santa Ana Housing Authority to implement each recommendation; and (3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by staff and incorporated into the Annual Plan.

HUD regulations require a 45-day public comment period. On February 16, 2023, a legal notice was published in the Orange County Register, Nguoi Viet, and La Opinión, advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on April 4, 2023. The public comment period ended on April 1, 2023. However, a software error occurred with the legal notice in the Orange County Register, and the English legal notice was not published on February 16, 2023, as intended. As a result, the public hearing scheduled for April 4, 2023 was cancelled.

On April 7, 2023, a new legal notice was published in the Orange County Register, Nguoi Viet, and La Opinión, advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on June 6, 2023 (Exhibit 3). During this public review and comment period, the Annual Plan was made available on the Housing Authority’s website and in the Housing Authority lobby.

The 45-day public comment period ended on May 22, 2023. All public comments received will be included in the Annual Plan submitted to HUD.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. FY 2023-24 Housing Authority Annual Plan

2. Resolution

3. Proofs of Publication
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 3 – 2 6/6/2023
Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

A. PHA Information.

A.1 PHA Name: Housing Authority of the City of Santa Ana PHA Code: CA093
PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2023
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 3,088
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

EXHIBIT 1
City Council 3 – 3 6/6/2023

B. Plan Elements.

B.1 Revision of Existing PHA Plan Elements.
a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2 New Activities. – Not Applicable
EXHIBIT 1
City Council 3 – 4 6/6/2023

B.3 Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan.

Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community.

Objective # 1: Utilize 100% of the Annual Budget Authority provided by HUD for each CY.  SAHA utilized 103% of our Annual Budget Authority provided by HUD for CY 2022.

Objective # 2: Apply for new funding opportunities for additional vouchers.  In September 2022, SAHA received an award of thirty-nine (39) new Housing Choice Vouchers awarded under the Consolidated Appropriations Act 2022 (P.L. 117-103).
 In September 2022, SAHA received an award of twenty-five (25) new Foster Youth to Independence vouchers awarded under the requirements of Notice PIH 2020-28, amended by Notice PIH 2021-26.  In July 2022, SAHA received an award of $115,500 in Extraordinary Administrative Fee Funding to lease-up Mainstream Program vouchers.

Goal # 2: Expand participation in the Family Self-Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance.

Objective # 1: Expand the number of active participants in the Family Self-Sufficiency Program.  The number of active participants in the Family Self-Sufficiency Program decreased from 106 families enrolled in January 2022 to 93 families enrolled in January 2023. This is because in December 2022 twelve (12) new families completed their Contracts of Participation and graduated from the Program. These twelve graduates received the money they each saved in their escrow accounts and a total of $200,877.41 was awarded in escrow savings. The number of mandatory slots for SAHA decreased from 59 total mandatory slots to 52. In addition, the percent of families enrolled over mandatory slots is equal to 179%, and 77% of families have an escrow account balance in the program.
 SAHA sent a monthly electronic Family Self-Sufficiency Program newsletter to our participants who have provided us with their e-mail addresses. Each newsletter features a Story of Success for a family who is participating in the program. In addition, SAHA also provided an annual calendar to all of our participants with a Story of Success for each month.

Objective # 2: Assist Family Self-Sufficiency Program participants to become self-sufficient and graduate from the program.  During this Fiscal Year, twelve (12) participants graduated from the Family Self-Sufficiency Program.

Goal # 3: Ensure the accuracy, integrity and compliance of all voucher program operations.

Objective # 1: Retain High Performer SEMAP status.
 SAHA was certified as a High Performer for FY 21-22. The final SEMAP score for the fiscal year ending 6/30/2022 is 100. SAHA audited a total of 372 files under SEMAP Indicator # 3, even though the minimum sample size required by HUD was only 35 files. This is equal to ten times the number of files required to be audited by HUD. For SEMAP Indicator # 5, SAHA conducted a total of 69 quality control inspections even though the minimum sample size required by HUD was only 34 quality control inspections. This is two times the number of inspections required to be audited by HUD.

Goal # 4: Increase assisted housing choices by providing quality customer service to existing landlords and conducting outreach to new landlords.

Objective # 1: Communicate on a regular basis with active landlords by providing information on key program updates.  SAHA sent a monthly electronic Landlord Newsletter to our active landlords. Each newsletter provided key program updates and information for landlords.

Objective # 2: Maintain active participation in the Orange County Apartment Association and attend local events to promote participation in the program.
 SAHA renewed our membership with the Orange County Apartment Association.

Goal # 5: Provide equal opportunity, affirmatively further fair housing and provide regular training on fair housing for staff, owners and participants.

Objective # 1: Provide an annual mandatory training for all Housing Authority staff.  On August 18, 2022, SAHA held an annual Fair Housing Training for all Housing Division employees. This annual training is required for all employees.

Objective # 2: Provide information on fair housing to owners and participants.  SAHA provided information on fair housing to owners and participants.

Goal # 6: Provide information on the Violence Against Women Act (VAWA) of 2013 to active participants and owners to ensure protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking.  SAHA provided information on VAWA to all program applicants, participants and landlords.

B.4 Capital Improvements. – Not Applicable
EXHIBIT 1
City Council 3 – 5 6/6/2023

B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?

Y N N/A

(b) If yes, please describe:

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

Three Resident Advisory Board meetings were held on February 16, 2023. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants were mailed an invitation to participate on the Resident Advisory Board and the Board members who attended provided input for the development of the Annual Plan. Please see attachment for RAB Comments.

SAHA also conducted a survey of all active HCV participants. The survey was mailed and e-mailed to all active HCV participants with a link to the survey.

Staff analyzed all of the recommendations and comments from the Resident Advisory Board and survey responses by: 1) considering the feasibility of each recommendation; 2) discussing as a team the opportunity for SAHA to implement each recommendation; and 3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by the Housing Authority.

C.2 Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?
Y N

If yes, include Challenged Elements.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing (AFFH).

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

EXHIBIT 1
City Council 3 – 6 6/6/2023

Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal EXHIBIT 1
City Council 3 – 7 6/6/2023

B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenantbased assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)).

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan.

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs
B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements.

EXHIBIT 1
City Council 3 – 8 6/6/2023

C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality EXHIBIT 1
City Council 3 – 9 6/6/2023

Resident Advisory Board Meetings
Date: Thursday, February 16th, 2023
Time: 2:00PM — 3:00PM
Location: Santa Ana Housing Authority
20 Civic Center Plaza
Santa Ana, CA 92701
Take A Survey!
Scan the QR Code to the right
or go to:
https://www.surveymonkey.com/
r/5HBG3TN
EXHIBIT 1
City Council 3 – 10 6/6/2023

Reuniones del Consejo Asesor de Residentes
Fecha: Jueves, 16 de febrero del 2023
Hora: 2:00PM a 3:00PM
Lugar: Autoridad de Vivienda de Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
¡Tome una encuesta!
Escanee el Código QR a
la derecha o visite:
https://www.surveymonkey.com/
r/5HBG3TN
EXHIBIT 1
City Council 3 – 11 6/6/2023
Cơ Quan Quản Lý Nhà Ở Santa Ana
Kế Hoạch Hàng Năm
Cơ Quan Quản Lý Nhà Ở Thành Phố Santa Ana đang chuẩn bị Kế Hoạch Hàng Năm cho năm tài chánh 2023—2024 để trình lên Bộ Phát Triển Nhà và Đô Thị Hoa Kỳ. Những người tham gia Chương trình Phiếu Chọn Nhà được mời tham dự Cuộc Họp của Ban Cố Vấn Cư Dân và/hoặc hoàn thành một cuộc khảo sát ngắn (xem Mã QR hoặc liên kết bên dưới) để hỗ trợ và đưa ra các đề nghị liên quan đến việc phát triển Kế Hoạch Hàng Năm.

Các Cuộc Họp của Ban Cố Vấn Cư Dân
Ngày: Thứ Năm, ngày 16 tháng 2, 2023
Giờ: 2:00 chiều — 3:00 chiều
Địa điểm: Cơ Quan Quản Lý Nhà Ở Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
NẾU QUÝ VỊ MUỐN THAM GIA CUỘC HỌP NÀY, XIN VUI LÒNG
TRẢ LỜI BẰNG CÁCH GỌI SỐ (714) 667-2269. ĐÂY SẼ LÀ MỘT CUỘC HỌP TRỰC TIẾP
Tham Gia Khảo Sát !
Xin hãy quét mã QR bên phải
hoặc truy cập:
https://www.surveymonkey.com/
r/5HBG3TN
EXHIBIT 1
City Council 3 – 12 6/6/2023

MEETING DATE, TIME, AND
LOCATION:

DATE: THURSDAY, FEBRUARY 16TH, 2023
TIME: 2:00PM - 3:00PM
LOCATION: SANTA ANA HOUSING AUTHORITY
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701

IF YOU WOULD LIKE TO PARTICIPATE IN

THIS MEETING, PLEASE RSVP BY
CALLING (714) 667-2269. THIS MEETING
WILL BE IN-PERSON. ENGLISH, SPANISH

AND VIETNAMESE MEETINGS WILL BE
AVAILABLE.

The Housing Authority of the City of Santa Ana is
preparing our Annual Plan for FY 2023-2024 to
submit to the U.S. Department of Housing and
Urban Development. We want your input and
feedback to help us develop our Annual Plan.

Discussion topics will include: housing needs;
tenant eligibility, selection and admissions;
housing authority financial resources; rent
determination policies and Payment Standards;
PHA grievance procedures; family selfsufficiency; and other important issues pertaining to the management and administration of our
community’s program.

FECHA, HORA Y LUGAR DE LA REUNIÓN:

FECHA: JUEVES, 16 DE FEBRERO DEL 2023
HORA: 2:00PM A 3:00PM
LUGAR: SANTA ANA HOUSING AUTHORITY
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701
SI DESEA PARTICIPAR EN ESTA REUNIÓN, FAVOR DE

CONFIRMAR SU ASISTENCIA LLAMANDO AL
(714) 667-2269. ESTA REUNIÓN SERÁ EN PERSONA.

HABRÁ REUNIONES DISPONIBLES EN INGLÉS,
ESPAÑOL Y VIETNAMITA.

La Autoridad de Vivienda de la Ciudad de Santa Ana está preparando el Plan Anual para el año fiscal AF 2023-2024 para presentarlo al Departamento de Vivienda y Desarrollo Urbano de EE.UU. Queremos su opinión y comentarios
para ayudarnos a desarrollar nuestro Plan Anual. Los temas de conversación incluirán: necesidades de vivienda;
elegibilidad, selección y admisión de inquilinos; recursos financieros de la Autoridad de Vivienda; normas de
determinación de la renta y estándares de pago; procedimientos de reclamación de la PHA; autosuficiencia familiar y otros asuntos importantes relacionados con la gestión y administración del programa de nuestra comunidad.

EXHIBIT 1
City Council 3 – 13 6/6/2023

MEETING DATE, TIME, AND
LOCATION:

DATE: THURSDAY, FEBRUARY 16TH, 2023
TIME: 2:00PM — 3:00PM
LOCATION: SANTA ANA HOUSING AUTHORITY
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701

IF YOU WOULD LIKE TO PARTICIPATE IN

THIS MEETING, PLEASE RSVP BY
CALLING (714) 667-2269. THIS MEETING
WILL BE IN-PERSON. ENGLISH, SPANISH

AND VIETNAMESE MEETINGS WILL BE
AVAILABLE.

The Housing Authority of the City of Santa Ana is
preparing our Annual Plan for FY 2023—2024 to
submit to the U.S. Department of Housing and
Urban Development. We want your input and
feedback to help us develop our Annual Plan.

Discussion topics will include: housing needs;
tenant eligibility, selection and admissions;
housing authority financial resources; rent
determination policies and Payment Standards;
PHA grievance procedures; family selfsufficiency; and other important issues pertaining to the management and administration of our
community’s program.

NGÀY, GIỜ VÀ ĐỊA ĐIỂM HỌP:

NGÀY: THỨ NĂM, NGÀY 16 THÁNG 2, 2023
GIỜ: 2:00 CHIỀU — 3:00 CHIỀU
ĐỊA ĐIỂM: CƠ QUAN QUẢN LÝ NHÀ Ở SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701
NẾU QUÝ VỊ MUỐN THAM GIA CUỘC HỌP
NÀY, XIN VUI LÒNG TRẢ LỜI BẰNG CÁCH
GỌI SỐ (714) 667-2269. ĐÂY LÀ MỘT CUỘC
HỌP TRỰC TIẾP. SẼ CÓ CÁC CUỘC HỌP
BẰNG TIẾNG ANH, TIẾNG TÂY BAN NHA VÀ
TIẾNG VIỆT.

Cơ Quan Quản Lý Nhà Ở Thành Phố Santa Ana
đang chuẩn bị Kế Hoạch Hàng Năm cho năm tài
chánh 2023—2024 để trình lên Bộ Phát Triển Nhà
và Đô Thị Hoa Kỳ. Chúng tôi muốn ghi nhận phản
hồi của quý vị để giúp chúng tôi phát triển Kế
Hoạch Hàng Năm của chúng tôi. Các chủ đề thảo
luận sẽ bao gồm: nhu cầu nhà ở; tính đủ điều kiện
của người thuê, lựa chọn và chấp nhận; nguồn hỗ
trợ tài chánh của cơ quan quản lý nhà ở; chính
sách xác định tiền thuê nhà và Tiêu Chuẩn Thanh
Toán; thủ tục khiếu nại PHA; gia đình tự túc; và các
vấn đề quan trọng khác liên quan đến việc quản lý
và điều hành chương trình của cộng đồng chúng ta.

EXHIBIT 1
City Council 3 – 14 6/6/2023

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Resident Advisory Board Meeting Agenda
February 16, 2023
I. Welcome and Introductions
II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13)
III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan
Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7)
b. Housing Needs and Strategy for Addressing Housing Needs ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 15 6/6/2023
d. Rent Determination Policies
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ e. Operation and Management
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ f. Grievance Procedures
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ g. Housing Plus Program
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ h. Progress in Meeting Mission and Goals
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ i. Other Recommendations Not Listed Above
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 16 6/6/2023

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Resident Advisory Board Meeting Agenda
February 16, 2023
I. Welcome and Introductions
II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13)
III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan
Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7)
b. Housing Needs and Strategy for Addressing Housing Needs (Necesidades de vivienda y estrategia para abordar las necesidades de vivienda) ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
(Políticas de elegibilidad, selección y admisión, incluidos los procedimientos de desconcentración y lista de espera)
______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 17 6/6/2023
______________________________________________________________ ______________________________________________________________ d. Rent Determination Policies
(Políticas de determinación de renta)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ e. Operation and Management
(Operación y Administración)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ f. Grievance Procedures
(Procedimientos de quejas)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ g. Housing Plus Program
(Programa Housing Plus)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ h. Progress in Meeting Mission and Goals
(Progreso en el cumplimiento de la misión y los objetivos) ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 18 6/6/2023
i. Other Recommendations Not Listed Above
(Otras recomendaciones no mencionadas arriba)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 19 6/6/2023

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Resident Advisory Board Meeting Agenda
February 16, 2023
I. Welcome and Introductions
II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13)
III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan
Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7)
b. Housing Needs and Strategy for Addressing Housing Needs Nhu cầu nhà ở và chiến lược giải quyết những nhu cầu này ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
Tính Đủ Điều Kiện, Chính Sách Lựa Chọn và Chấp Nhận, bao gồm Thủ Tục Giải Tán và Danh Sách Chờ
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ EXHIBIT 1
City Council 3 – 20 6/6/2023
d. Rent Determination Policies
Qui lệ về cách xác định tiền thuê nhà
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ e. Operation and Management
Hoạt Động và Quản Lý
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ f. Grievance Procedures
Thủ tục khiếu nại
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ g. Housing Plus Program
Chương Trình Housing Plus
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ h. Progress in Meeting Mission and Goals
Những điều đạt được trong việc thực hiện Các Nhiệm vụ và Mục tiêu ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ EXHIBIT 1
City Council 3 – 21 6/6/2023
i. Other Recommendations Not Listed Above
Những Ý Kìến khác không được nêu ở trên
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ EXHIBIT 1
City Council 3 – 22 6/6/2023

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Questions for Resident Advisory Board Meeting
Questions to Guide Recommendations/Discussion by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) I. Housing Needs and Strategy for Addressing Housing Needs a. What are your housing needs and what would you rank as your top three housing needs?
b. What recommendations do you have to more effectively address your housing needs?
c. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? d. What other strategies do you recommend to address your housing needs? II. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
a. What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures?
III. Rent Determination Policies
a. What recommendations do you have to change or improve our Rent Determination Policies?
b. We currently use AffordableHousing.com to determine the rent reasonableness of our contract rent requests. Do you think this system is working well for our community?
IV. Operation and Management
a. What recommendations do you have to change or improve our Operation and Management?
b. In November 2015, we established a new Quality Control Program where we review 6 files per Housing Specialist and 6 inspections per Housing Inspector EXHIBIT 1
City Council 3 – 23 6/6/2023
on a monthly basis in order to identify common errors in our casework and inspections, provide training and support to reduce errors, and generally improve the accuracy and integrity of the administration of our assistance. How is this Quality Control Program working for you?
c. In November 2015, we also began e-mailing a monthly landlord newsletter to our landlords to improve communication and customer service for our landlords in order to encourage more landlords to make their units available for our program. We also send a monthly Housing Plus Program newsletter. What do you think of this change? Would you be interested in receiving a monthly electronic newsletter by e-mail?
d. What else can we do to improve our Operation and Management? V. Grievance Procedures
a. What recommendations do you have to change or improve our Grievance Procedures?
b. How can we support more of our assisted-families to abide by their family obligations?
VI. Housing Plus Program (aka Family Self-Sufficiency Program) a. What recommendations do you have to change or improve our Housing Plus Program (also known as the Family Self-Sufficiency Program)? b. What recommendations do you have to get more families to join the Housing Plus Program?
c. What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self-sufficiency? VII.Progress in Meeting Mission and Goals
a. Are we making progress in meeting our mission and goals? b. How can we improve our progress to fulfill our mission? VIII. Other Recommendations Not Listed Above
a. Do you have any other recommendations to improve our program and services for you, our landlords, and our community?
EXHIBIT 1
City Council 3 – 24 6/6/2023

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
www.santa-ana.org
Questions for Resident Advisory Board Meeting
Questions to Guide Recommendations/Discussion by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) I. Housing Needs and Strategy for Addressing Housing Needs (Necesidades de vivienda y estrategia para abordar las necesidades de vivienda) a. What are your housing needs and what would you rank as your top three housing needs? (¿Cuáles son sus necesidades de vivienda y cuales calificaría como sus tres necesidades principales de vivienda?)
b. What recommendations do you have to more effectively address your housing needs? (¿Que recomendaciones tiene para abordar con mayor eficiencia sus necesidades de vivienda?)
c. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? (Como el mayor proveedor de asistencia de vivienda en nuestra comunidad, ¿qué cree que debería hacer SAHA para abordar las necesidades de vivienda en nuestra comunidad?)
d. What other strategies do you recommend to address your housing needs? (¿Que otras estrategias recomienda para abordar sus necesidades de vivienda?) II. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures (Políticas de elegibilidad, selección y admisión, incluidos los procedimientos de desconcentración y lista de espera) a. What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? (¿Qué recomendaciones tiene para cambiar o mejorar nuestras políticas de elegibilidad, selección y admisión incluidos los procedimientos de desconcentración y lista de espera?)
EXHIBIT 1
City Council 3 – 25 6/6/2023
III. Rent Determination Policies (Políticas de determinación de renta) a. What recommendations do you have to change or improve our Rent Determination Policies? (¿Qué recomendaciones tiene para cambiar o mejorar nuestras políticas de determinación de renta?)
b. We currently use AffordableHousing.com to determine the rent reasonableness of our contract rent requests. Do you think this system is working well for our community? (Actualmente utilizamos AffordableHousing.com para determinar la razonabilidad de la renta de nuestras solicitudes de renta por contrato. ¿Cree que este sistema está funcionando bien para nuestra comunidad?) IV. Operation and Management (Operación y Administración) a. What recommendations do you have to change or improve our Operation and Management? (¿Qué recomendaciones tiene para cambiar o mejorar nuestra Operación y Administración?)
b. In November 2015, we established a new Quality Control Program where we review 6 files per Housing Specialist and 6 inspections per Housing Inspector on a monthly basis in order to identify common errors in our casework and inspections, provide training and support to reduce errors, and generally improve the accuracy and integrity of the administration of our assistance. How is this Quality Control Program working for you? (En noviembre del 2015, establecimos un nuevo programa de control de calidad en el que revisamos 6 archivos por especialista en vivienda y 6 inspecciones por inspector de vivienda mensualmente para identificar errores comunes en nuestros archivos e inspecciones, proporcionar entrenamiento y apoyo para reducir errores, y mejorar generalmente la exactitud e integridad de la administración de nuestra asistencia. ¿Cómo ha resultado este programa de control de calidad para usted?) c. In November 2015, we also began e-mailing a monthly landlord newsletter to our landlords to improve communication and customer service for our landlords in order to encourage more landlords to make their units available for our program.

We also send a monthly Housing Plus Program newsletter. What do you think of this change? Would you be interested in receiving a monthly electronic newsletter by e-mail? (En noviembre del 2015, también comenzamos a enviar un boletín mensual de propietarios a los propietarios para mejorar la comunicación y el servicio de los propietarios con el fin de alentar a más propietarios a poner sus unidades a disposición para nuestro programa.

También enviamos un boletín mensual del programa Housing Plus, ¿qué le parece este cambio? ¿Estaría interesado/a en recibir un boletín electrónico mensual por correo electrónico?)
d. What else can we do to improve our Operation and Management? (¿Qué más podemos hacer para mejorar nuestras operaciones y administración?) EXHIBIT 1
City Council 3 – 26 6/6/2023
V. Grievance Procedures (Procedimientos de quejas)
a. What recommendations do you have to change or improve our Grievance Procedures? (¿Qué recomendaciones tiene para cambiar o mejorar nuestros procedimientos de quejas?)
b. How can we support more of our assisted-families to abide by their family obligations? (¿Cómo podemos apoyar a más de nuestras familias asistidas para que cumplan con sus obligaciones familiares?
VI. Housing Plus Program (aka Family Self-Sufficiency Program) (Programa Housing Plus, conocido como el Programa de Autosuficiencia Familiar) a. What recommendations do you have to change or improve our Housing Plus Program (also known as the Family Self-Sufficiency Program)? (¿Qué recomendaciones tiene para cambiar o mejorar nuestro Programa Housing Plus, conocido como Programa de Autosuficiencia Familiar?) b. What recommendations do you have to get more families to join the Housing Plus Program? (¿Qué recomendaciones tiene para que más familias participen en el programa Housing Plus?)
c. What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self-sufficiency? (¿Qué recomendaciones tiene para alentar a más familias asistidas a utilizar nuestra asistencia como plataforma para obtener su autosuficiencia?)
VII. Progress in Meeting Mission and Goals (Progreso en el cumplimiento de la misión y los objetivos)
a. Are we making progress in meeting our mission and goals? (¿Estamos progresando en el cumplimiento de nuestra misión y objetivos?) b. How can we improve our progress to fulfill our mission? (¿Cómo podemos mejorar nuestro progreso para cumplir nuestra misión?)
VIII. Other Recommendations Not Listed Above (Otras recomendaciones no mencionadas arriba)
a. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? (¿Tiene alguna otra recomendación para mejorar nuestro programa y servicios para usted, los propietarios y nuestra comunidad?)
EXHIBIT 1
City Council 3 – 27 6/6/2023

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Questions for Resident Advisory Board Meeting
Questions to Guide Recommendations/Discussion by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) I. Housing Needs and Strategy for Addressing Housing Needs a. What are your housing needs and what would you rank as your top three housing needs?
Hãy cho biết nhu cầu nhà ở của quý vị và xếp hạng 3 nhu cầu quan trọng nhất đối với quý vị?
b. What recommendations do you have to more effectively address your housing needs?
Quý vị có ý kiến gì để giải quyết nhu cầu nhà ở của mình hiệu quả hơn không? c. As the largest housing assistance provider in our community, what do you think SAHA should do to address the housing needs in our community? Là nhà cung cấp hỗ trợ nhà ở lớn nhất trong cộng đồng của chúng ta, quý vị nghĩ SAHA nên làm gì để giải quyết những nhu cầu nhà ở trong cộng đồng của chúng ta? d. What other strategies do you recommend to address your housing needs? Quý vị có những ý kiến nào khác giúp đáp ứng nhu cầu nhà ở của quý vị? II. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
a. What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? Quý vị có những ý kiến nào để thay đổi hoặc cải tiến Tính Đủ Điều Kiện, và Chính Sách Lựa Chọn và Chấp Nhận, bao gồm Thủ Tục Danh Sách Chờ và Giải Tán? III. Rent Determination Policies
a. What recommendations do you have to change or improve our Rent Determination Policies?
Quý vị có những ý kiến nào để thay đổi hoặc cải tiến Chính Sách về Cách Xác Định Tiền Thuê Nhà?
EXHIBIT 1
City Council 3 – 28 6/6/2023
b. We currently use AffordableHousing.com to determine the rent reasonableness of our contract rent requests. Do you think this system is working well for our community?
Chúng tôi hiện đang sử dụng AffordableHousing.com để xác định giá hợp lý của các hợp đồng thuê nhà. Quý vị nghĩ hệ thống này có hiệu quả cho cộng đồng mình hay không? IV. Operation and Management
a. What recommendations do you have to change or improve our Operation and Management?
Quý vị có những ý kiến gì để thay đổi hoặc cải tiến về Hoạt Động và Quản Lý không? b. In November 2015, we established a new Quality Control Program where we review 6 files per Housing Specialist and 6 inspections per Housing Inspector on a monthly basis in order to identify common errors in our casework and inspections, provide training and support to reduce errors, and generally improve the accuracy and integrity of the administration of our assistance.

Vào tháng 11, 2015, văn phòng chúng tôi đã thiết lập Chương Trình Kiểm Tra Phẩm Chất mới. Chúng tôi xét 6 hồ sơ cho mỗi Nhân Viên Nhà Ở và kiểm tra 6 căn nhà đối với mỗi Thanh Tra Viên Nhà Ở hàng tháng để tìm ra những lỗi thường xảy ra trong quá trình lập hồ sơ và thanh tra, cung cấp huấn luyện và hỗ trợ để giảm số hồ sơ bị lỗi và nói chung là để tăng độ chính xác và chính trực trong việc hỗ trợ.

How is this Quality Control Program working for you?
Quý vị cảm thấy Chương Trình Kiểm Tra Phẩm Chất này giúp ích thế nào cho quý vị? c. November 2015, we also began e-mailing a monthly landlord newsletter to our landlords to improve communication and customer service for our landlords in order to encourage more landlords to make their units available for our program.

We also send a monthly Housing Plus Program newsletter. What do you think of this change? Would you be interested in receiving a monthly electronic newsletter by e-mail?
Tháng 11, 2015, chúng tôi bắt đầu gửi thơ điện tử/ e-mail bản tin chủ nhà hàng tháng để cải thiện giao tiếp và dịch vụ cho chủ nhà, đồng thời khuyến khích nhiều chủ nhà tăng thêm số căn hộ tham gia chương trình của chúng tôi. Chúng tôi cũng gửi thông tin hàng tháng cho chương trình Housing Plus. Quý vị suy nghĩ gì về sự thay đổi này? Quý vị có muốn nhận bản tin điện tử hàng tháng qua e-mail không? d. What else can we do to improve our Operation and Management? Chúng tôi có thể làm thêm điều gì để cải tiến về Hoạt Động và Quản Lý không? V. Grievance Procedures
a. What recommendations do you have to change or improve our Grievance Procedures?
Quý vị có những ý kiến gì để thay đổi hoặc cải tiến về Thủ Tục Khiếu Nại? EXHIBIT 1
City Council 3 – 29 6/6/2023
b. How can we support more of our assisted-families to abide by their family obligations?
Làm cách nào để giúp đỡ nhiều hơn nữa những gia đình được hỗ trợ của chúng ta tuân theo bổn phận gia đình của họ?
VI. Housing Plus Program (aka Family Self-Sufficiency Program) a. What recommendations do you have to change or improve our Housing Plus Program (also known as the Family Self-Sufficiency Program)?
Quý vị có những ý kiến gì để thay đổi hoặc cải tiến chương trình Housing Plus (còn được biết đến là chương trình Family Self-Sufficiency – Gia Đình Tự Túc)? b. What recommendations do you have to get more families to join the Housing Plus Program? Quý vị có những ý kiến gì để tăng số gia đình tham gia vào Chương trình Housing Plus
c. What recommendations do you have to encourage more assisted-families to use our assistance as a platform to obtain self-sufficiency?
Quý vị có những ý kiến gì để khuyến khích thêm những gia đình đang có trợ cấp xử dụng trợ cấp giúp họ có thể tự túc?
VII.Progress in Meeting Mission and Goals
a. Are we making progress in meeting our mission and goals? Chúng tôi có đạt được tiến bộ trong việc đạt được Các Nhiệm Vụ và Mục Tiêu không?
b. How can we improve our progress to fulfill our mission? Chúng tôi làm thế nào để tiến bộ hơn nữa nhằm hoàn thành nhiệm vụ của chúng tôi?
VIII. Other Recommendations Not Listed Above
a. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? Quý vị có ý kiến nào khác để cải thiện chương trình và dịch vụ của chúng tôi đối với quý vị, chủ nhà và cộng đồng của chúng ta không? EXHIBIT 1
City Council 3 – 30 6/6/2023
EXHIBIT 1
City Council 3 – 31 6/6/2023
EXHIBIT 1
City Council 3 – 32 6/6/2023
EXHIBIT 1
City Council 3 – 33 6/6/2023
EXHIBIT 1
City Council 3 – 34 6/6/2023
EXHIBIT 1
City Council 3 – 35 6/6/2023
EXHIBIT 1
City Council 3 – 36 6/6/2023
EXHIBIT 1
City Council 3 – 37 6/6/2023
EXHIBIT 1
City Council 3 – 38 6/6/2023
EXHIBIT 1
City Council 3 – 39 6/6/2023
EXHIBIT 1
City Council 3 – 40 6/6/2023
EXHIBIT 1
City Council 3 – 41 6/6/2023
EXHIBIT 1
City Council 3 – 42 6/6/2023
EXHIBIT 1
City Council 3 – 43 6/6/2023
EXHIBIT 1
City Council 3 – 44 6/6/2023
EXHIBIT 1
City Council 3 – 45 6/6/2023
EXHIBIT 1
City Council 3 – 46 6/6/2023
EXHIBIT 1
City Council 3 – 47 6/6/2023
EXHIBIT 1
City Council 3 – 48 6/6/2023
EXHIBIT 1
City Council 3 – 49 6/6/2023
EXHIBIT 1
City Council 3 – 50 6/6/2023
EXHIBIT 1
City Council 3 – 51 6/6/2023
EXHIBIT 1
City Council 3 – 52 6/6/2023
EXHIBIT 1
City Council 3 – 53 6/6/2023
EXHIBIT 1
City Council 3 – 54 6/6/2023
EXHIBIT 1
City Council 3 – 55 6/6/2023
EXHIBIT 1
City Council 3 – 56 6/6/2023
EXHIBIT 1
City Council 3 – 57 6/6/2023
EXHIBIT 1
City Council 3 – 58 6/6/2023
EXHIBIT 1
City Council 3 – 59 6/6/2023
EXHIBIT 1
City Council 3 – 60 6/6/2023
EXHIBIT 1
City Council 3 – 61 6/6/2023
EXHIBIT 1
City Council 3 – 62 6/6/2023
EXHIBIT 1
City Council 3 – 63 6/6/2023
EXHIBIT 1
City Council 3 – 64 6/6/2023
EXHIBIT 1
City Council 3 – 65 6/6/2023
EXHIBIT 1
City Council 3 – 66 6/6/2023
EXHIBIT 1
City Council 3 – 67 6/6/2023
EXHIBIT 1
City Council 3 – 68 6/6/2023
EXHIBIT 1
City Council 3 – 69 6/6/2023
EXHIBIT 1
City Council 3 – 70 6/6/2023
EXHIBIT 1
City Council 3 – 71 6/6/2023
EXHIBIT 1
City Council 3 – 72 6/6/2023
EXHIBIT 1
City Council 3 – 73 6/6/2023
EXHIBIT 1
City Council 3 – 74 6/6/2023
EXHIBIT 1
City Council 3 – 75 6/6/2023
EXHIBIT 1
City Council 3 – 76 6/6/2023
EXHIBIT 1
City Council 3 – 77 6/6/2023
2/16/23, 2:33 PM Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/r/5HBG3TN 1/7
Santa Ana Housing Authority Annual Plan Survey - FY
2023-2024
The Housing Authority of the City of Santa Ana is preparing our Annual Plan for FY 2023—2024 to submit to the U.S. Department of Housing and Urban Development. We want your input and feedback to help us develop our Annual Plan. Your response to this survey will assist us with your recommendations regarding the development of the Annual Plan on your behalf.
0 of 10 answered
EXHIBIT 1
City Council 3 – 78 6/6/2023
2/16/23, 2:33 PM Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/r/5HBG3TN 2/7
* 1. What are your housing needs and what would you rank as your top three housing needs?
* 2. What recommendations do you have to more eectively address your housing needs?
0 of 10 answered
EXHIBIT 1
City Council 3 – 79 6/6/2023
2/16/23, 2:33 PM Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/r/5HBG3TN 3/7 * 3. As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community?
* 4. What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures?
0 of 10 answered
EXHIBIT 1
City Council 3 – 80 6/6/2023
2/16/23, 2:33 PM Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/r/5HBG3TN 4/7 * 5. What recommendations do you have to change or improve our Rent Determination Policies?
* 6. What recommendations do you have to change or improve our Operation and Management?
0 of 10 answered
EXHIBIT 1
City Council 3 – 81 6/6/2023
2/16/23, 2:33 PM Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/r/5HBG3TN 5/7 * 7. What recommendations do you have to change or improve our Housing Plus Program (aka our Family Self-Suciency Program)?
* 8. What recommendations do you have to encourage more assistedfamilies to use our assistance as a platform to obtain self-su ciency?
0 of 10 answered
EXHIBIT 1
City Council 3 – 82 6/6/2023
2/16/23, 2:33 PM Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/r/5HBG3TN 6/7
Done
Powered by
See how easy it is to create a survey.
* 9. How can we improve our progress to fulll our mission and goals? * 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community?
0 of 10 answered
EXHIBIT 1
City Council 3 – 83 6/6/2023
2/16/23, 2:33 PM Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/r/5HBG3TN 7/7
Privacy & Cookie Notice
0 of 10 answered
EXHIBIT 1
City Council 3 – 84 6/6/2023
2/16/23, 2:43 PM SurveyMonkey Analyze - Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/analyze/vbcwzT6JWEJrOlcKZeJQVVF08dnegA_2BD8jN_2Fdg2tWno_3D?tab_clicked=1 1/5 Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 w 0 SUMMARY ] DESIGN SURVEY ] PREVIEW & SCORE ] COLLECT RESPONSES ] ANALYZE RESULTS ] PRESENT RESULTS RESPONDENTS: 5 of 5

PAID FEATURE
Export your survey data in .PDF, .XLS, .CSV,
.PPTX, or SPSS format.

Learn more »
ø EXPORTS ?
Upgrade
Automate data exports by
connecting your favorite tools.

Learn More

QUESTION SUMMARIES INSIGHTS AND DATA TRENDS
Q1
Q2

What are your housing needs and what would y
housing needs?
Answered: 5 Skipped: 0
RESPONSES (5)
WORD CLOUD TAGS (0)
Search Responses
Showing 5 responses

1. Easier tenant escalation method for LL unresolved issues. 2.Improved renta vacancies going un-rented and we have a huge waitlist ! 3. More affordable and mandates per the PIT count.
2/14/2023 05:31 PM
The housing need’s is that to create strong, sustainable, inclusive communitie 2/10/2023 11:28 AM
Affordable rent, safe environment, efficient management 2/10/2023 08:55 AM
Affordability, cleanliness, and functioning appliances and security. 2/9/2023 05:29 PM
1 What recommendations do you have to more e
housing needs?
Answered: 5 Skipped: 0
RESPONSES (5)
WORD CLOUD TAGS (0) Search Responses
Ÿ
EXHIBIT 1
City Council 3 – 85 6/6/2023
2/16/23, 2:43 PM SurveyMonkey Analyze - Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/analyze/vbcwzT6JWEJrOlcKZeJQVVF08dnegA_2BD8jN_2Fdg2tWno_3D?tab_clicked=1 2/5 Q3
Q4
Search Responses
Showing 5 responses
I would like to see the SA Housing Authority improve their first-line point of co service and voice prompts need attention. Call yourselves and see. 2/14/2023 05:31 PM
The type of locks on windows or doors should be safe and secure 2/10/2023 11:28 AM
My housing needs are being met.
2/10/2023 08:55 AM
You need more affordable housing for 1 bedroom vouchers or upgrade to 2 bed 2/9/2023 05:29 PM
no
As the largest housing assistance provider in o
think the Santa Ana Housing Authority should
needs in our community?
Answered: 5 Skipped: 0
RESPONSES (5)
WORD CLOUD TAGS (0)
Search Responses
Showing 5 responses
Develop a system or process to keep the LL/ Building Owners more accountab frightening the Flower Terrace seniors, so they don't complain!) Maybe an 800 sized counties/ cities and ask how they operate?
2/14/2023 05:31 PM
The location of electric outlets and light fixtures. The condition of the paint an condition of the floor, is it scratched and worn?
2/10/2023 11:28 AM
Increase your staff. My original paperwork was lost.
2/10/2023 08:55 AM
Talk with the tenants not just landlords. We get taken advantage of be cause t repairs are being made.
2/9/2023 05:29 PM
h d i d h h
Ÿ
EXHIBIT 1
City Council 3 – 86 6/6/2023
2/16/23, 2:43 PM SurveyMonkey Analyze - Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/analyze/vbcwzT6JWEJrOlcKZeJQVVF08dnegA_2BD8jN_2Fdg2tWno_3D?tab_clicked=1 3/5 Q5
What recommendations do you have to change
Selection and Admissions Policies, including D
List Procedures?
Answered: 5 Skipped: 0
RESPONSES (5)WORD CLOUD TAGS (0)
Search Responses
Showing 5 responses

1. Treat people w love and respect, not just a number. 2. Process and Efficiency agency need? Can we combine and send to multiple-agencies, reducing paper? the arrow points both ways for communication. Having a knowledge managem city/county might be helpful. 211 is not what I'm talking about, I'm referring to we tie the access to individual members, confirming waitlist interest. Increase written, phone, internet, of course authorized by member, prior to removing fr 2/14/2023 05:31 PM
Ensure that all units in the Section 8 Certificate Program and the Housing Vou 2/10/2023 11:28 AM
Increase your staff.
2/10/2023 08:55 AM
There are very many people in need of housing from many backgrounds. howe f d h b bl f k h l h ld b d
What recommendations do you have to change
Determination Policies?
Answered: 5 Skipped: 0
RESPONSES (5)WORD CLOUD TAGS (0)
Search Responses
Showing 5 responses
Rent Increase, why is it that the amt. cannot be over a certain % for resident, y HUD, which is my Tax Dollars? Please explain/summarize this process. 2/14/2023 05:31 PM
Inspect unit in response to Request for Lease Approval. Inform potential tenan 2/10/2023 11:28 AM
Survey affordable housing units rents semi-annually and adjust accordingly. 2/10/2023 08:55 AM
Affordable for seniors on limited income, with the economical increase in day every day goals This increases homelessness
Ÿ
EXHIBIT 1
City Council 3 – 87 6/6/2023
2/16/23, 2:43 PM SurveyMonkey Analyze - Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/analyze/vbcwzT6JWEJrOlcKZeJQVVF08dnegA_2BD8jN_2Fdg2tWno_3D?tab_clicked=1 4/5 Q6
Q7
every day goals. This increases homelessness.
2/9/2023 05:29 PM
What recommendations do you have to change
Management?
Answered: 5 Skipped: 0
RESPONSES (5)WORD CLOUD TAGS (0)
Search Responses
Showing 5 responses
See above, Customer Service and Response improvements needed. 2/14/2023 05:31 PM
Encourage tenants and owners to maintain units up to standards. Make annua the housing quality standards.
2/10/2023 11:28 AM
Hire more staff.
2/10/2023 08:55 AM
If these Landlords want these increases in rent, there should be stricter rules o very important, when owners show lack of interest tenants don't care. 2/9/2023 05:29 PM
What recommendations do you have to change
Program (aka our Family Self-Sufficiency Progr
Answered: 5 Skipped: 0
RESPONSES (5)
WORD CLOUD TAGS (0)
Search Responses
Showing 5 responses
N/A
2/14/2023 05:31 PM
No dangerous places, spaces, or things in the neighborhood such as: Nearby b 2/10/2023 11:28 AM
Ÿ
EXHIBIT 1
City Council 3 – 88 6/6/2023
2/16/23, 2:43 PM SurveyMonkey Analyze - Santa Ana Housing Authority Annual Plan Survey - FY 2023-2024 https://www.surveymonkey.com/analyze/vbcwzT6JWEJrOlcKZeJQVVF08dnegA_2BD8jN_2Fdg2tWno_3D?tab_clicked=1 5/5

ENGLISH
About Momentive • Careers • Developers • Privacy Notice • California Privacy Notice • Email Opt-In • Help • Cookies Notice • Copyright © 1999-2023 Momentive • Do not sell or share my personal data
Q8
NA
2/10/2023 08:55 AM
I love this program and seen so many able to own or rent their 1 house. I think encouragement to everyone to have continue success.
2/9/2023 05:29 PM
no
What recommendations do you have to encour
use our assistance as a platform to obtain selfAnswered: 5 Skipped: 0 RESPONSES (5)
WORD CLOUD TAGS (0)
Search Responses
Showing 5 responses
Volunteer base/Advocacy group of Current families in process and those who a the system, like a buddy system for outreach and engagement? 2/14/2023 05:31 PM
Services in the neighborhood: Stores nearby, schools nearby, hospitals nearby 2/10/2023 11:28 AM
NA
2/10/2023 08:55 AM
Have contest, or awards that will keep their interest on their goals. 2/9/2023 05:29 PM
no
Ÿ
EXHIBIT 1
City Council 3 – 89 6/6/2023
Resolution 2023-XXX

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE HOUSING AUTHORITY OF

THE CITY OF SANTA ANA APPROVING THE

SUBMISSION OF THE ANNUAL PLAN FOR FISCAL
YEAR 2023-2024

BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS:

Section 1. The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows:

A. The Housing Authority of the City of Santa Ana (the “Authority”) is required by the U.S. Department of Housing and Urban Development (“HUD”) to have an Annual Plan due to the fact that the Authority administers a Housing Choice Voucher (“HCV”) Rental Assistance Program.

B. The purpose of the Authority’s Annual Plan is to advise HUD, program participants and members of the public of its mission and strategy to serve the needs of very low-income families. It provides information about the current operations of the Authority, including programs, participants, services for the upcoming year, and any operational or tenant concerns.

C. The Authority is required to review its operations and needs for the Annual Plan with input from HCV participants. Three (3) Resident Advisory Board Meetings were held on February 16, 2023, with responses incorporated into the Annual Plan, as required by HUD regulations.

D. HUD regulations require a forty-five (45) day public comment period. On February 16, 2023, a legal notice was published in the Orange County Register, Nguoi Viet and La Opinión advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on April 4, 2023. The public comment period ended on April 1, 2023. However, a software error occurred with the legal notice in the Orange County Register, and the English legal notice was not published on February 16, 2023, as intended. As a result, the public hearing scheduled for April 4, 2023 was cancelled.

E. On April 7, 2023, a new legal notice was published in the Orange County Register, Nguoi Viet and La Opinión advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on June 6, 2023. The public comment period ended on May 22, 2023. Further, a public hearing was held by the Housing Authority on June 6, 2023, and all comments received at the hearing are included in the final documents to be submitted to HUD.

EXHIBIT 2
City Council 3 – 90 6/6/2023
Resolution 2023-XXX

Section 2. The Annual Plan for Fiscal Year 2023-2024 of the Housing Authority of the City of Santa Ana is hereby approved and adopted. Said Annual Plan shall be submitted by the Authority to HUD.

Section 3. This Resolution shall take effect immediately upon its adoption by the Authority Board, and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of ______________, 2023.
_____________________
Valerie Amezcua
Chair
APPROVED AS TO FORM:

Sonia R. Carvalho, General Counsel
By:_____________________
Andrea Garcia-Miller
Assistant Counsel
AYES: Boardmembers: __________________________
NOES: Boardmembers: __________________________
ABSTAIN: Boardmembers: __________________________
NOT PRESENT: Boardmembers: __________________________

CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, Recording Secretary to the Housing Authority, do hereby attest to and certify the attached Resolution No. 2023- to be the original resolution adopted by the Housing Authority of the City of Santa Ana on June 6, 2023.

Date: ____________________ ______________________________ Jennifer L. Hall, Recording Secretary
EXHIBIT 2
City Council 3 – 91 6/6/2023
The Orange Countv Register
1920 Main St., Suite 225
Irvine, Ca 92614
714-796-7000
5211379

CNSB / CNSB-ACCOMMODATIONS
915 E 1ST ST

ORDER EXPEDITING
LOS ANGELES, CA 90012-4050
FILE NO. 3688434

AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, } ss.

County of Orange
I am a citizen of the United States and a resident of the County aforesaid; 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has
been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of
California, under the date of November 19, 1905, Case No.

A-21046, that the notice, of which the annexed is a true 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:
04/07/2023
I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct:

Executed at Anaheim, Orange County, California, on
Date: April 07, 2023.

Signature
r.LP1-12115/16

PROOF OF PUBLICATION
Legal No. 0011596122
NOTICE OF PUBLIC H.EARING
BEFORE THE CITY COUN·Cl,L OF THE CITY OF

SANT A ANA, CA
The City •Of Santa Ano encoura1es the publlc to
pa rUcii:iot& 'In th& declsio·n.ma lb ng ,process. Tlile f.o!lowiog notice. T$ bein� ProvTaed so tll.Qf YOu ca•n e1s1<. questions, make commeitts and • stay 1 nrormed about·
proi'scts that might be imiionant to you. We
ericou rage you to ccnt,act us prior to tM Public
Hearl rigi n _you have any questl�ns.

NOTICE IS HEREBY GIVEN! • ihe City Council will
Rcild ·ti Public Rean11e fo rer:e,ve pul)lic te5tim011y, ar1ci wlU take c:ctlon 011 the lt,em d�scrlbe<I bel0111, Decision on this :muUf!r will be final.

Ero�ed 'ffie A�mog: l:'ffy Gouindl of flhe City of Santo Ana w r � econd ucl ing a p.ublic Ma,ring to cot,1sider th;e Fis.cal Year 2023 - 2024 Anm,al P IQn for the .Ho1JS i ITT! Author itv ,of th.eCity of San'ta Ana (CA093}. The Housrng Aulhoriry is required ·to tilOld a publ·ic hearin,g to discuss and liear public ccimments o:r, the A.nnua I P li:m prior to
subm I ss ion to the LI .S, Dllpartment of Housing at<ld UriMn D-evelop,tnf!nt {HLJP). A mi1nimu.m of a .45-daY
rmtfce of flois PU bl le· heari n� ]5, required by' file federal rll9uiotions.

Pursuant 1·0 1:tie Quality Housing and worl<
Respo· nsibWty Act of 1998 (Public Lavi W5•276l, theHousing Autlilori-ty of lh.e C:ilY o.f Santa Ana is rt;X1uirnd t,o Pr.epore an ArfU'IUal Pion. The Annual Pion provides details about the Housing Auth1:1rity's misslen, goal·5 atld dbiedivos, · o ncl tne progress the Housing Aumority has made in meeting the goa 1$ and obiecti ve,:s, dies.tr ib� in the Hous!11Q Author itvs prevfoos Atmual Plan. il1eAm11:.1a I P Ian prov1dGs detail's about l:M Housil!'lg Authoi:-ity•s irnrnedicte operoH0111s, prl)gr·am
participants, proi;irams and -serviceir and theAulnorit,;·s srrategy for tldndling operatloncrl concerns, P□.rtiCiPr;mt$ concerns on!(! llE!l!dS, an(I p,oiected
prograrns/s.e rvr,ces for FI seal Year 202:S - 202,t i he AMual, Pion also examines long-rangiHmd sh,1:1r1-rang:e, stroteeies Io od(ki)$s needs as identifie<f by 1 he,
Resident _ Advrsory _ Board.
fl'\..!!'_ ll!t�
ng "fjm Ct'!d Date-, This ma'ller' will be heo_rd on
Tu
1es (!\f, un,e , �t 5 :45 P. M. cir thereofter m th.Ii!' CI" v Co1.mcll Chamber, 22 C Mc Center P laza1 S.at<lta At'la, California, 92702. A.II i'r'lteresled person$ coh refef to the fo,ll9wi1'19 link 01'1 the dote c,f u,e meeti!'l9 for; rnore, informaHo-n and instructiot<ls · for pani· cipating in thir me-et1ng con M foiind at ww,,1.s.(lnt□-<1no.or9/ce!citvrn�t ings.

Them a re sev�rcd wo ys to• watC• tl tl'le mooting:
o Live sl'reo m ol www .$0 ntt1-o na.org/City-meet i ngs o !..i stream · ot
WWW' '{OU tuM.COtl\lUSl}rjSantaA nal.J bta r-Y
I) • Si:iectrvm TV Clrnon nel
·O AT&. T U-ven;,e TV chollnel
How To Make •Comm&nts -
em ers o . e Pl.P _ u:: m CJY i:ffferia7fie 1 'I , _ <1u:nc1 meetln!J fn-Per5-0!l or iciin via Zoott,. The Citv C01Jflcil moot1ng wilt occur live via telecorifeironce loom
wef;;linor. Yo1.1 rnov view lhll' meeting frcirn Y0'.!1r· c:omputer, tablet or 5mart phol'le vio YouTubeLiveStroa m, at wwv,,.vou t1.1be.com/vser/S<mtaAn QI., i bro rY or 011 CTV3, avofla.bl� _ on Spedrvm ctmnnel 3, ��
COMMENT s - �mb,e rs Of the public WhO wish to
iicidre:;TTfieeitv Couni;;il 011 closed ses:>iort items, items •on the regular C171Jen:da or on mar ers which ore not on 1·11e agenda, but are wi'lhiiil me subiec1· moUef
iurisciict1on of the Citv Collncil mav do so l;)v one of tt,,e, followlng _ WQys:

I> MAU-ING OPTION wril'lien comm,un:ica1il)'.r'ls � Ptiblic comments may be mailed to: Office cif t�e Clerk of ttle· Council, :M ClVlc Center Plaza M-30, Smlta Ana, CA
92707. All wrmen communiC(irl"ionis receiVec vio mt:1il by 4:00 P.m. ,or1 the dov of the meetim:i wil1I lre dlstrfbuted fo i'h,e City CO'ur1cII , and Imaged Into the Clty'S·documentarchive system wih.iCh is av<iilO'ble for p,ul)lic review. o SEN!:HN_G E•MAIL OIPT;ION - Public comments
may be sent via emafl to the Oty C l•erk'S omce atec.o m ment@sMta,-on(I.Or:'g. Pleose, note the (19e,rt-do i_f_:�� .. Yop,.a.!·!_ ����"!:t?t�!!�
1 , 'lt!}!1_!h.e 1 .. u�l�:t �!�'r,.�f 1(�.e"
EXHIBIT 3
City Council 3 – 92 6/6/2023
r.LP1-12115/16 2
1:::rrn:111, ..._n 1:rnm 11� r i,-c;1:1v1m uen,ri:r ,i; w P,m, m1 mt:. uay Of the me,e,ting will be, di$tril;>1,1te($ t(I the CHY O;l-\JnCil and imaged into u,� City's document a r,ch i ve system
wh I ch is ava I la:ble· for public rev le-\'I.
o L.'IVE VIRTUAL OPTION - Member$-Of the Pu-blic
may provide llve , comments during the meeting by
Zoom or Conf�ronce Call. To, loin l>Y Z.oom clic'K oo or· tvi:ie th• e f<ilh)wing (Jdd.re'.S:s into YQ'Ur web browser https ://us02web.zoom.1Js/l/315965149. o i oln lieConf�r,ence Call: Dia,I (669) 900-9128 and enter M!;.ETING ID: 315 965 149,11'. You wu!I be Pr◊rnPted by !he C l!_y Clerk when It is,, time .f9r a: I� cl�e9 se.sslon ,t�m, 11) 9€:nerc:tl agendla ,t�m, rn) pubhc hismrrng item, iv} SPe<:i(il agend:o item. or v} for Housing Avttiority item. You m(l(Y request to speak by dialing ·•9 from youir· phonG or you may virtually rais& yo.or l'lat'ld from Z.oom, After ti'le Cieri,;; c@fitm5 ttie lo::;t three disiit5 ot the coller'S phone rnumber or Z.oom I Ii) (ltld u nmutes fhem, l'he oolfeil' must press "6 or micropMne i,con to, spool<.

Callers are, encouraged, but tlot ret1uired, to identify themselves by t1ame. Each cal I er w i 11 be provided three ( 3) minules lo, speal<, unless due 10 lhe, number of
si:ieakers w,::mtinsi to SPe-Qlk ·o decision i.s made · o provide a different amount of ti me to speak,
o I N�P�R.SON OP'TION - Meml:lers of the ,public con
Provide in-Pen;on comments Qt thie Podium In th,etouncil Ch.amber., TI1oft Council Chm-noor wrn hm,e. seating available for meml:le-rs of the public to allelfld the meet i tll:l in•Persot1. Public commenrfa a re li m' ited to thr1at1s (3) minutoo po,r-sptitd(Qr, unlt;tss a diffor€:n1 time is onnouncea by the presidlin9 chcllr. SpeoKers whO, wisn ·10, address tf1e Coum::1I must do so by submitting. a
"R�qui:i'st to Spenk" ca rd :by 5 : OD p.m. for C l,osed ses.siol'I items. a.nd b''r' 6-:00 p.m. t-or all other ctes'i9Mled public.comment periods as_Hsted 'below. Card1s. will ,wt M accGP'ted 0
rn0r the PubHc Comment Ses.sion bagi111s
witho11t tne perniiss.ion of ·ilhe ,presrding <:Mir.

JJ.i fQ:!IJ..o.Ytl.n_g_dc:.:i-Jsrn,aJJ&.pJ.tbJic orornto �..r.l,ods. arer
�IVE PUSLIC COMMENTS ON CLOSED
SE:SSION ITEMS - You can provide live commi;mts on
closed sessrOl'I items bY 1o1n•ing zoom or the Conteret1c-ea Coll:1;11$ describei;I in the L!VE or IN-PE'R.SON P�&LIC COMMENTS OPTION above, Speaker queue wlll open
01 4:30 p.m. YOU MUST JOIN ZOOM OR THIE
CONFERENCE CAl.L 8,Y 5;00 !P,rn. Si:ie-okers whO are
not In the speaker queue by 5:00 p,rn, wlll not bepermitteei to speck. lolf�b'i �¥��if f��MH�J�G0sio�e�¥��,
(GENERAL PUBLIC C:OMNLENT) - YOl,i (Ot'I iHOVi(ie,
c;omn1ent5. by ioining Zciom or ttie Conference Call tJs ditscribl!'d in the LIVE or IN-PE:RSON PUBLIC
COMMl;;l'ilTS OPTION a,bcwe. S�ak,�rqL,1e1,1e, wilI oi:,en ot -4;30 p.m, YOU MUST JOlN ZOOM OR THE
CONIFERENCIE CALL PRIOR TO 6:GCi p,m, Sp�akgrs
wh(I are not ir1 ·lhe $1l$□ker q1,1e1,1e- bY 6:00 p.rn. will r'lrn be �rmitted to :SPe<1k.

3. LIVE PUBLIC COMMENTS ON HOUSING
AUTHORITY !H;MS -)'IW Wl"I i,r,ovii;le o:imments bY
ioinitl9 Zoom or the · Coil71ererroe Coll as- d:e:;cribed in theL1vE·o.,. IN•PER.SON PUBLIC COMM!:NTSOPTION ,1;11i;love. SPeo1<:ers not i'n the ctu'e1J1e- bY. 6�00 P.m. will no-tbe permitted to speo:k.

Who T.o Con-tact For uestions "Sooul,d you have (my
q1o1es. 101111s, P ease- <;;1;m _a 1,1 �on !3,n;;,wn, H91.1sil'l9 Divislo.n Manager, at (714) 667·2241 or you can setld an -e-mail 10 '[email protected].

Where- To Get More- I 11forrnotior1 - .ll,l ! stoft re-ports. re,gardlng o:ny it-em on this agend.o are available fo:r public inspeclion in, tM Cieri!< of 'lh:e- ·cou111cil Office, dvri11g i-em,1Jar busine.5,5 hours and Posted on ttie Cl1Y's website- tne Tuesday pdor to the- Council meeting at:
www .:santa-i:nia,.ol'-9/ce/ci tY-meeti n:gs_
Si tTe111e ·preg-,u111ta!i. en e-$panol., favor de ll'amar ol (1t.O 6-47-6528'.

Ill u, C n lifn I C brig fl ng Vi t. :>(il'1 i l'I ttio T cno TOflY Lai s ( 714) 565�2�27.

If you -challenge the dee.I slon on tf1e above matter, you may be limited fo roisin,g onlv tlio!:e j:s.sue-s you o:r someone else- raised a title- public hleiir1nr9 described in this 10-tke, or [ri wrl,tten correspondenoe dellvere<Jr to the, City Council of tM City (If sonto Arm of. or- pr'i(lr to, th.e . public. · hearirn.i.

Cle:rk, of the Coundl
.4/7/23
C N S-3"688:.184#
O•�ANGE. COUNTY R'F.:GISTER
EXHIBIT 3
City Council 3 – 93 6/6/2023
California Newspaper Service Bureau
Public Notice Advertising Since 1934
Tel 1-800-788-7840 Fax 1-800-474-9444
Local Offices and Representatives in:

Los Angeles, Santa Ana, San Diego, Riverside/San Bernardino, San Francisco, Oakland, San Jose, Sacramento
Special Services Available in Phoenix

DECLARATION
I am a resident of Los Angeles County, over the age of
eighteen years and not a party to or interested in the
matter noticed.

The notice, of which the annexed is a printed copy
appeared in the:

NGUOI VIET
On the following dates:
04/07/2023
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated at Los Angeles, California, this
10th day of April 2023
Debbie Yerkes
Signature
3688438
"The only Public Notice which is justifiable
from the standpoint of true economy and the public interest, is that which reaches those who are affected by it"
I llllll lll llll llll llll llll llll llll lll lllll lllll 111111111 111 1111 * A O O O O O 6 2 7 9 9 3 6 *
THANH PH6 SANTA ANA

CO QUAN QUAN LY NHA (J SANTA ANA
20 Civic Center Plaza• P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 • www.santa-ana.org
THONG BAO VE PHl�N TRlfNG cAu DAN Y TRlf(1( H◊I 06NG THANH PHO SANTA ANA, CA Thanh pho Santa Ana khuyen khich cong <hung tham gia vao qua trinh ra quyet dinh. lhong bao sau dirge dua ra rte q11j vj <6 lhe dat can h6i, dua j kiin va oip nhal thong tin vi cac d1_r an co the quan tn�ng t16i vOi quy v\. ChUng t6i mong quy v! s� tifn 1�c vOi chling t6i tnrOc Phifn Tnmg Cau Dan Y n€u quy vj cO bat kY cau hoi nao.

MY LA THONGJJAU(· Hoi 06ng Thanh Pho ,e 16 chilc mqt bu6i !rung Cau Dan Y di nhan liJi chilng nhan ctia cong ch1ing va ,; co hilnh dQng d61 vOi mµc £'htqc neu du&i day. se c6 quyit l1fnh cu6icllng vevande nily,
Hanh Dong dllek De Xuat: Hoi dong Thanh ph6 lanla Ana si tien hilnh mQt bu6i tnfng cJu dan Yo€ xem xt't Ke Ho�ch Hang Nam cho Nam Tai Khoa 1023 - 2014 cho Co Quan Quan Li Nha Ii Thanh Ph6 Santa Ana (CA093). Co Quan Quan Lj Nhl O duo, yeu cau 16 chilc m61 bu6i !rung cau dJn id€ lhao luan va lang nghe ikien cua cong chung ve K€ Ho,ch Hang Nam truac khi d! trinh cho Bo Phal lrien Nha va 06 Thi Hoa Ki (HUD). Thong bao truilc t6i thiiu 41 ngay vi phien tnfng cau dan j nay la bat buoc theo quy dinh cua lien bang. Chieu theo Oao lual Pham Chat Gia Cu va Trach Nhi!m ve Cong Vi!< nam 1998 (Quality Housing and Work Responsibility Act of 1998) (Cong Luat 105-176), Co Quan Quan lj Nhl O Thanh ph6 Santa Ana duo, yiu cau chuan bi Ke Hoach Hang Nam. Ki Hoach Hang Nam cung cap chi uet ve nhi�m vv. mvc ueu va mvc tHch clla Ca Quan Quan LY Nha 0, va tiin lrinh Co Quan Quan Lj Nha Oda dat duoc trong viec lhUc hiln cac muc lieu va muc dlch dUo< mo la lrong Ke Hoach Hang Nam lnfilc daycua Co Quan Quln Ly Nha 0. Ke Hoach Hang nam cung cap chi tiit vi c.ic hoal dong gan day cua Co Quan Quan lj Nha 0, nhOng nguiJi tham gia d1uong trinh, c.ic chlfong trinh vii djch vv vii chi€n IU!,JC clla Ca Quan de gial dap c.ic m6i quan tam ve ho�t dQng, m6i quan tam va nhu £au clla ngtrbl tham gia va cac chucmg lrinh/djch vv rtugc lfn ke hoach cho Nam Tai Khoa 1023. 2024. Ki Hoach Hlng Nam cGng xem xet c�c chl€n luqc diii h�n vii ngan h�n de giai quyet cdc nhu cdu duocxac dinh b<li Ban C6Van Culni.

IliC!i.Jl@rL'@ __ ng�ylwP- -. van de nay se duqc trtfng cau y ddn vao 5:45 gid chieu thil Ba, ngly 6 thang 6 nam 2023 hoac sau do tai Phong Hoi Oong Thanh Pho, ll Civic Center Plaza, Santa Ana, California 92702. Nhin1g ai quan tam co the tham khao lien kltsau vao ngay hop rte biet lhim thong tin va huilng dln tham gia cu9c hop co the dugc tim thay t�i www.santa-ana.org/cc/city.meetings.
(6 mQt s6 ccich d6 theo dOi cuQc h9p:
• Ph.it trvc tuy€n tai www.santa-ana.org/city-meetings
• Phat trvc tuyl'n tqi www.youtube.com/user/SantaAnaUbrary ,Kenhlruyenhinh 31pectrum
· Kenh truyen hinh 99 AT&amp;I U-vme
Lam Sao De Neu 'i Kien-Thanh vien cong chung co the tham du CUQC hop Hoi 06ng Thanh Pho true tiep hoac qua Zoom. Cu9c hQp cua Hqi Oong Thanh Pho se duoc truyin true tiip qua hoi ngh! lit xa qua Zoom.

Quj vj c6 th€ xem cw)c h9p tu may tinh, may tfnh bang ho�c di�n th�i thong minh clla minh qua You Tube LiveStream t�i www.youtube.com/ user/SantaAnalibrary ho.le lten CTVJ, c6 trin kinh 3 Spectrum.

Y Kl(N CUA CONG CHUNG - Cac thanh viin cong chung mu6n phat bieu lrUilc Hoi 06ng Thanh Pho vi ca< mic trong phien hop kin, oic m�c trong chuang trinh nghj SI/ th6ng thllO'ng ho�c ve t:ac v.in de kh6ng c6 trong chtrang trinh nghj sV, nhung thuQc tham quyen (Ua Hoi Oong lhanh Pho co the lhUc hien lhe<r mot lrong c.ic each sau:
, GU'I '/ Kl(N QUA THlf thong tin blng van bln - cac j kien cUa cong chung co the duo, glO Mn: Office of the Clerk of the Council, lO Ovic Center Plaza M-30, lanta Ana, CA 92701. Tat oi cac thong tin bang van ban dugc nhan qua thu lnfilc 4:00 chiiu ngay hop,; d11gc phan cho HQi 06ng Thanh Ph6 va Mqc dua Yao h� thOng !IJU trUtai li�u cUa Thanh Pho de c6ng chung xem xet.
, GU'I '/ Kl(N QUA E-MAIL-Llc i kien ,u, cong chung c6 the ditac goi qua email Mn Van Phong l1,1c Sy Thanh Ph6 t�i eComment(q)santa-ana. org. Vui IOnq ghi mvc chuang trinh 1am vi�c ma quj v! dang dua ra y kit'in trong c!Ong chli de cl1a email.TJt (a email dtI�c nh�n truOc 4:00 chieu ngay h9p se dltoc phan cho ll6i Oong Thanh Pho va dugc rt11a vao helhonghru tnJlailieucUalhanh Ph6dec6ng chungxemxel.
, TUY CHQN HQP TRI/( TUY(N - Cac thanh vien cong Chung c6 the dt@ ray kifin trvc ti�p trong cuQc h9pqua Zoom ho�c Cu◊c g9i HQi nghj.

Oe lham gia qua Zoom, hay nhap vao hojc nhap dia chi sau vao trinh duy/1 web cUa qui vj https://us02web.zoom.11s/j/315965149.

Oe tham gia Cuoc Goi Hoi Nghi: Hay quays\ 16691900-9128 va nhap ID CU◊C HOP: 315 965 149#. Luc Su Thanh Pho se nhicquivi khi Mn m\lC ii mu, phien hop kin, ii) mv< ch,rong lrlnh nghi ,vchung, iii) muc trung caudan i, iv) mic chuong lrlnh nghj Si/dee bi/I ho.le v) cho mucrua Ca Quan Quan Lj Nhl O. Qui vj co thi yeu ,au phat bieu bang oich quay s\ •g tit dijn lhoai ciJa quj vi hoac gio lay ao Iii Zoom. Sau khi Luc Su xacnh/n ba chOso ruoi aiasMen thoai cUa ngu/Jigoi h�clD Zoom vl bat tieng, nguiJi goi phai nh!n • 6 h* bieu tuong micro de noi. Nguai g9i duac khnyen khich, nhilllg khong bat bu6c, xac dinh danh tinh ciJa minh hang tin. Moi nguoi goi,; c6 ba 13) phut M phlt bieu, tril khi do s\ lugng ngiliJi mu6n phat bieu, mot quyel dinh dUoc di/a ra nhlm cho m9t khoang thin gian khac de ph.it bieu.
'TOY CHQN TR\IC Tl(P - (ac thanh viin (Ong Chung cothe dua ra i kien tnrc tiep tai day ghe trong Phong H9i 06ng. Phong H9i 06ng,; c6 chO ng6i cho car th.3nh vien c6ng cht.ing tham dV cuQc hQp tn,rc liep. Y kiin c(ia cong chung duoc giai hJn lrong ba (3) phul cho moi nguili phat bieu, tril khi chU loa thong bao lhiJi gian khac. NguiJI tham gia mu6n phat bilu truilc H9i Dong phai yeu cau d11ac phat bieu bl!ng each gill the •y;u cau phat bieu• tntoc 5:00 chieu cho c.ic ml)c trong Phien hQp kin va tntO'c 6:00 tOi cho tat (a c.ic m1.1c y kien cong chung a11qcxac lljnh khac nhudugc Ii/I ki dum day.

This! khong du�, chap nhin sau khi Phiin y Ki€n Cong Chung bll dau ma kh6ng c6 S1J cho phfp clla chll tqa.
cac �i doan nhan y kiin cOng chunq duac Kile dinh sau c1ay_g ,. 'IKl(NCONGCHONG TRlfCTUY(NvtcACM�C PHl!N HQP KIN
- Quy vi co the cung cap j kiln true tiip vi cac mvc phien hop kin blng each tham gia Zoom ho/c Cu9c Goi ll9i Ngh! nhuduoc neu trong TUY CHON Y Kl(N CONG CHUNG TRUC TUY(N HOAC TRlfC Tl(P a lren. H,;g cha phal biiu si m<l luc 4:30 chieu, QU! vi PHAI iHAM GIA ZOOM hay CUOC GOI H◊I NGHI truilc 5:00 chiiu. Nhilng ai khong <6 trong hang cha phat bieu truoc s:00 chilu ,, khong dug, phat bieu.

2. '/ Kl(N CONG CHONG TRUC TUY(N vr cAc MU( CHlf<ING
TRINH NGH! SI/THONG TH UONG VA CAC M�C KHONG CO TRONG
CHUONG TRINH NGHI Slf (Y Kl(N CONG CHONG CHUNG)- Quj vi c6 thi dua j kien blng ,ich tham gia Zoom hoac Cu9c Goi H9i Nghi nhu duo, mo ta trong TUY CHQN 'I Kl(N CONG KHAI TR\IC TUY(N HO�( TRtfC Tl(P o lren. Hang chi! phal bilu ,; mo luc 4:JO chieu, QUY V! PHAI IHAM GIA ZOOM hay CU◊C GOI H◊I NGH! TRVOC 6:00 chiiu. Nhilng ai khong co lrong hang cha phat bilu truac 6:00 chieu ,, khong duo, phat bieu.

3. Y Kl(N CONG CHUNG TRlfC TUYfN vr CAC MU( CUA co QUAN QUAN LV NHA Cl - Quj v! c6 the cung cap j kie� bang each lham gia Zoonr hoac Cuoc Goi H6i tlgh! nhu dugc niu ltong TUY CHQN 'I Kl(N CONG CHUNG TR\IC TUY(N HO�( TRI/( Tl(P. tren. Nhilng ai kh6ng co lrong hang cho lruac 6:00 toisi khong dugc phat bieu.

Neu CoCau Hoi Thi Can liin Lac Ai: lieu qui� co bat kycau hoi n.io, xin vui long liin lac Judson Brown, Quan Lj Ban tlha 0, qua w (714) !h.!!!!
667-1241 h* quj vi co the gul email Im jbrown@�nta-ana.org. .tn thiinq tin ci dau - rat ca cac bao cao cua nhln viln liln quan din b.lt ki muc nao trong chuang trlnh nghi ,u nay deu c6 s.ln di kiem tra cong khai tai Van Phong Lvc Su H6i 06ng trong giiJ lam vi/cthuiJng I/ va dugc dang tren trang web cUa Thanh Ph6 vao thilBa tnlck cuqc h9p HQi 06ng t�i: www.santa-ana.org/cc/citymeelings.

Si tiene preguntas en espaiiol,
favor de llama, al (714) 647-6520.

Neu can lien l�c bAng tieng Vi�t.
xin dl�n thoai cho Tony Lai 10(714) S65-2627.

Ne'u quy v! phan d6i quye't Cf\nh ve van de trCn, quy vj c6 th€ bi h�n chti chi neu ra nhilng vJn de ma quYv] ho�c ng11i1i khJc t1J neu ra t�i hu6i tnfng c�u dc1n y Cfl/g( n6i rte'n trong thOng bJo nay, hCl4c bang van ban g((J tdi H6i Dong Thanh Pho cua Thanh Pho Santa Ana tai, hoac tr116c phien dieu tran c6ng khai.

Lvcsu Hoi dong
4/7/23
CNS-3688438#

NGUOI VIET
EXHIBIT 3
City Council 3 – 94 6/6/2023

LA OPINION
PO BOX 15093, LOS ANGELES, CA 90015
Telephone (213) 896-2260 / Fax (213) 896-2236

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of LOS ANGELES ) ss
Notice Type: HRG - NOTICE OF HEARING
Ad Description:

NOTICE OF PUBLIC HEARING ANNUAL PLAN (JN JB) spanish
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 LA OPINION, a newspaper published in the English language in the city of LOS ANGELES, county of LOS ANGELES, 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 LOS ANGELES, State of California, under date 07/28/1969, Case No. 950176. 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:
04/07/2023
Executed on: 04/07/2023
At LOS ANGELES ,CA
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
02 � 4 s· rgnature
I llllll lll llll llll llll llll llll llll lll lllll llll llll llll llll llll Email
* A O O O O O 6 2 7 5 9 4 7 *
CNS#: 3688445

CITY OF SANTA ANA
. SANTA ANA

HOUSING AUTHORITY
20 Civic Center Plaza•
P.O. Box 22030
Santa Ana, California
92702
(714) 667-2200
www.santa-anaorg

AVISO DE AUDIENCIA
PUBUCA

ANTE EL CONCEJO

MUNICIPAL DE LA

CIUDAD DE SANTA
ANA, CA.

La Cludad de Santa
Ana anlma al publlco a
partlclpar en el proceso
de toma de declslones.

Le damos el avlso
slgulente para que
pueda hacer preguntas
y comentarios, y
mantenerse informado
sobre los proyectos
que puedan ser
importantes para usted.

Le anlmamos a qua se
com unique con
nosotros antes de la
Audlencla Plibllca sf
Ilene alguna_pregunta.
.!:iQilf!!,A -

POR LA PRESENTE SE
El Concejo
Municipal celebrar.i una
Audiencia Publica para
recibir testimonios del
pliblico y tomara medidas
sobre el asunto que se
describe a continuaci6n. ·
La decisi6n sobre este
asunto sera definitiva.

Medlda propuesta: El
Concejo Municipal de la
Ciudad de Santa Ana
Devara a cabo una
audiencia pliblica para
considerar el Plan Anual
def Aiio Fiscal 2023-2024
para la Autoridad de
Vivienda de la Ciudad de
Santa Ana (CA093). La
Autoridad de Vivienda
es� obligada a celebrar
una audiencia pllblica
para discutir y escuchar
los comentarios def
pliblico sabre el Plan
Anual antes de
presentario al
Departamento de
Vivienda y Desarrollo
Urbano de las Estados
Unidos (HUD). Las
regulaciones federates
requieren una
notificaci6n de esta
audiencia publica con un
minima de 45 dlas de
antelaci6n. Conforme a la
Ley de Vivienda de
Calidad y
Responsabilidad Laboral
de 1998 (Ley Pliblica
105-276), la Autoridad de
Vivienda de la Ciudad de
This space for filing stamp only
Santa Ana esta obligada
a preparar un Plan Anual.

El Plan Anual da detalles
sabre la misi6n, metas y
objetivos de la Autoridad
de Vivienda, y el
progreso que la
Autoridad de Vivienda ha
logrado en el
cumplimiento de las
metas y objetivos
descritos en el Plan
Anual anterior de la
Autoridad de Vivienda. El
Plan Anual proporciona
detalles sobre tas
operaciones inmediatas
de la Autoridad de
Vivienda, los
participantes en los
programas, los
programas y servicios, y
la estrategia de la
Autoridad para manejar
las inquietudes
operativas, las
inquietudes y
necesidades de los
participantes, y los
programas.lservicios
proyectados para el Aiio
Fiscal 2023-2024. El Plan
Anual tambien examina
las estrategias a corto y
largo plazo para abordar
las necesidades
identificadas par el
Consejo Asesor de
Residentes.

Fecha y hora de la
reunion - Este asunto
sen! tratado el martes, 6
de Junlo del 2023 a las
5:45 PM o despues en la
Camara del Concejo
Municipal, 22 Civic
Center Plaza, Santa Ana,
California 92702. Todas
las pernonas interesadas
pueden, . consul tar el
enlace siguiente en · la
fecha de la reuni6n para
obtener mas inforrnaci6n
y las iristrucciones para
participar en la reuni6n
se pueden encontrar en www.santaana.or9/cc/city-meetings.

Hay varias maneras de
ver la reuni6n:
• T ransnisi6n en vivo en www.santa-ana.org/city-­
meetings
www.youtube.com/user/S
• Transmisi6n en vivo en
antaAnalibrary
• Spectrum TV canal 3
• AT&T U-verse TV canal
99 Como hacer
comentarjos Los
miembros del pliblico
pued:n asistir a la
reunion del Concejo
Municipal en pernona o
unirse a \raves de Zoom.

La reuni6n del Concejo
Municipal tendra lugar en
vivo . via teleconferencia
por . Webinar . Zoom.

Puede ver la reunl6n
desde su computadora,
tableta o telefono
inteligente a traves de
YouTube LiveStream en www.youtube.com/user/S
antaAnaLibrary o en
CTV3, disponible en
Spectrum canal 3.

COMENTARIOS
pUBLICOS Los
miembros del pliblico que
deseen dirigirse al
Concejo Municipal sobre
temas de la sesi6n a
puerta cerrada, temas del
orden del dla ordinario o
sabre asuntos que no
figuren en el orden def
dia, pero que sean de la
jurisdicci6n del Concejo
Municipal pueden hacerto
de una de las rrianeras
siguientes:
• OPCION POR
CORREO
comunicaciones escritas
Los comentarios
pllblicos pueden enviarse
por correo a: Office of the
Clerk of the Council, 20
Civic Center Plaza M-30,
Santa Ana, CA 92701.

Todas las
comunicaciones escritas
que se reciban par correo
antes de las 4:00 PM del
dla · de la reuni6n se
distribuiran al Concejo
Municipal y se
incorporan!n al sistema
de archive de
documentos de la Ciudad
que esta a disposici6n
del pliblico.
• OPCION POR
CORREO
comentarios
ELECTRONICO - Los
pliblicos
pueden enviarse por
correo electr6nico a la
oficina de la Secretaria
Municipal a
eComment@santaana.org. Par favor. tenga
en cuenta el punto def
orden del dia sobre el
que esta comentando en
la linea de asunto del
correo electr6nico. Todos
las correos electr6nicos
recibidos antes de las
4:00 PM del dla de la
reuni6n se distribuin!n al
Concejo Municipal .Y se
incluiran en el sistema de
archivo de documentos
de la Ciudad que esta a
disposici6n del pliblico.
• OPCION VIRTUAL EN
VIVO - Los miembros def
publico pueden dar
comentarios en vivo
durante la reuni6n por
EXHIBIT 3
City Council 3 – 95 6/6/2023
Zoom o por
teleconferenda. Para
unirse per Zoom haga
die o escriba la direcci6n
siguiente en su
navegador web
https://us02web.zoom.us/
V315965149. Para unirse
a la teleconferencia:

Marque (669) 900-9128 y
escriba en MEETING ID:
315 965 149#. La
Secretaria Municipal le
lndicara cuando es el
memento de tratar: i) un
punto de la sesi6n a
puerta cerrada, ii) un
punto deJ orden deJ dia
general, iii) un punto de
la audiencia publica, iv)
un punto del orden del
dia especial o v) un
punto de la Autoridad de
Vivienda. Puede solicitar
la palabra marcando *9
desde SU telefono 0
puede levantar
virtualmente la mano
desde Zoom. Despues
de que · la Secrelaria
confirme las Ires ultimas
digitos del numero de
telefono de la persona
que llama o del
identificador de Zoom y
le anule el sileni:io, esta
debera pulsar •s o el
icono del micr6fono para
hablar. Se anima a los
Damantes, aunque no se
les requiere, a
identificarse par su
nombre. A cada persona
que name· se - le daran
Ires (3) minutes para
hablar, a menos que
debido al numero de
oradores que deseen
hablar se tome la
decisi6n de dar una
cantldad diferente de
tiempo para hablar.
• OPCK>N EN
PERSONA Los
miembros del publico
pueden dar comentarios
en persona en el podio
de la Camara del
Concejo. La Camara del
Concejo tendra asientos
disponlbles para que los
mlembros del publlco
asistan a la reuni6n en
persona. Los
comentarios publicos
estan limitados a Ires (3)
minutes par orador, a
menos qua la presidencia
anuncie un tiempo
diferente. Los oradores
que deseen dirigirse al
Concejo deben hace�o
mediante la presentacion
de una tarjeta de
"Request to Speak" antes
de las 5:00 PM. para los
puntos de la Sesi6n e
puerta cerrada y antes de
las 6:00 PM para todos
las demas periodos
designados para
comentarios pubticos que
se mencionan abajo. No
se aceptaran tarjetas una
vez iniciade la sesi6n de
comenterios pubficos sin
el perrniso de la
presidencia.

Los siguientes
periodos designados
para comentarios
pilblicos son:

1. COMENTARIOS

PUBLICOS EN VIVO

SOBRE LOS PUNTOS

DE LA SESION A

PUERTA CERRADA -
Puede dar comentarios
en vivo sabre las puntos
de la sesi6n a puerta
cenada uniendose a
Zoom o a la conferencia
telefonica coma se
desaibe en ta OPC16N

DE COMENT ARIOS
PUBLICOS EN VIVO o
EN PERSONA erribe. La
lista · de oradores se
ebrira a las 4:30 PM.

DEBE UNiRSE A ZOOM
0 A LA CONFERENCIA

TELEFONICA ANTES
DE LAS 5:00 PM. Los
oradores que no esten en
le Jista de oredores antes
de las 5.00 PM no
podran intervenir.

2. COMENT ARIOS

PUBLICOS EN VIVO

SOBRE LOS PUNTOS

ORDINARIOS Y NO

ORDINARIOS DEL

ORDEN DEL DIA
(COMENTARIO

PUBLICO GENERAL) -
Puede dar comentarios
uniendose a Zoom o a la
conferencia telefonica
coma se describe. en le
OPCi6N DE

COMENTARIOS
PUBLICOS EN VIVO o
EN PERSONA arriba. La
lista de oradores se ·
abrira a las 4:30 PM.

DEBE UNIRSE A ZOOM
0 A LA.CONFERENCIA
TELEFONICA ; ANTES
DE LAS 6:00 PM. Los
oradores que no estell en
la lista de oradores antes
de ·1as 6:00 PM no
podran intervenir.

3. COMENTARIOS

PUBLICOS EN VIVO

SOBRE TEMAS DE LA

AUTORIDAD DE
VMENDA Puede
brindar comentarios
uniendose a Zoom o a la
conferencia telefonica
come se describe e'n la
OPCK>N DE

COMENTARIOS
PUBLICOS EN VIVO o
EN PERSONA arriba.

Los oradores que no
esten en la lists de
oradores antes de las
6:00 PM no podran
intervenir.

Con auien comunicarse
en caso ge oreauntas
Si tiene alguna pregunta,
por favor comuniquese
con Judson Brown,
Gerente de la Division de
Vivienda, al (714) 667-
2241 o puede enviar un
correo electr6nico a
[email protected].

D6nde obtener mas
infonnaci6n - Todos las
informes ·del personal
relaavos a cualquier
punto de este orden del
dia estan disponibles
para su inspecci6n
publica en la Oficina de
la Secr'!taria Municipal
durante el horario laboral
habitual .Y se publican en
el silio web de la Ciudad
el martes· anterior a la
www.santareunion del Concejo en:
ana.org/ccJcitymeetings.

Si tiene,preguntas en
espaliol, favor de
llamar al (714) 647-
6520.

N8u c8n liin· 1,c b3ng
li�ng 'li�t; xin di�n
tho�i cho Tony Lal s6
(714) 565-2627.

Si impugna la decisi6n
sobre este asunto, puede
limitarse a plantear
Un icamBnte las
ruestiories Que usted u
otra persona plantearon
en la audiencia publics
descrita en este aviso, o
en · correspondencia
escrita _entregada · al
Concejo Municipal de la
Ciudad de.Santa Ana en
la audiencia publica a
con anterioridad a la
misma.

Secrataria del 9<)ncejo
4f7/23
CNS-3688445#

LA OPINION
EXHIBIT 3
City Council 3 – 96 6/6/2023