an adopted Core Value of the Land Use Element. Approval of the CUP application would be contrary to the Land Use Element and this adopted Core Value.
Policy 2.5 of the EP encourages the development of mutually beneficial and complementary business clusters within the community. As promulgated by the adopted General Plan Land Use Element, introducing community assembly does not support the development of mutually beneficial and complementary business clusters at the subject site. To the contrary, it will create irreconcilable conflicts by introducing a sensitive receptor within an area that is presently and continuing to transition to industrial uses. Approval of the requested application would lead to present and future land use conflicts stemming from noise, traffic, vibrations, queuing, solid waste generation, and circulation.
Moreover, community assembly uses are not listed as
permissible within the subject site’s General Plan land use designation, as the use is not considered among those that foster development of mutually beneficial and complementary business clusters within the community. The land use would be
incompatible with surrounding uses and approval of the CUP would be contrary to the General Plan.
Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the Planning Commission has denied Conditional Use Permit No. 2023-18.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. 9/11/2023
Planning Commission 1 – 13 City Council 37 – 32 11/21/2023 Resolution No. 2023-XXX
Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby denies Conditional Use Permit No. 2023-18 for the proposed church at 2938 South Daimler Street. The denial shall prohibit the church use at the subject site but leaves in effect the permitted office uses, allowed by right under SAMC Section 41-313, subject to all applicable standards and regulations set forth in Chapter 41 of the Santa Ana Municipal Code. This decision is based upon the evidence submitted at the abovereferenced hearing, including but not limited to: The Request for Planning Commission Action dated September 11, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 11th day of September 2023 by the following vote.
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
9/11/2023
Planning Commission 1 – 14 City Council 37 – 33 11/21/2023 Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 11, 2023.
Date:
Nuvia Ocampo
Planning Commission Secretary
9/11/2023
Planning Commission 1 – 15 City Council 37 – 34 11/21/2023 8/11/23, 11:55 AM .
https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/2 CUP No. 2023-18 for Anchor Stone Christian Church
2938 S. Daimler Street
Exhibit 2 - Vicinity Zoning and Aerial View
© 2023 Digital Map Products. All rights reserved.
Santa Ana Boundary
Zoning
365 feet
9/11/2023
Planning Commission 1 – 16 City Council 37 – 35 11/21/2023 Exhibit 3 - Vicinity General Plan Land Use Designation Map General Plan Land Use Designation
Focus Area Outline
IND
FLEX-3
DC-2
SITE
CUP No. 2023-18 for Anchor Stone Christian Church
2938 S. Daimler Street
9/11/2023
Planning Commission 1 – 17 City Council 37 – 36 11/21/2023 Exhibit 4 - Full Project Plans
CUP No. 2023-18 for Anchor Stone Christian Church
2938 S. Daimler Street
CUP SHEET INDEX PROJECT INFORMATION
SHEET
NUMBER SHEET NAME PROJECT SCOPE
A RENOVATION OF EXISTING
INTERIOR
SPACE TO CREATE AN
AUDITORIUM,
MEETING ROOMS, AND SUPPORT
SPACES FOR THE PURPOSE OF
RELIGIOUS ASSEMBLY
CITY OF SANTA ANA
CONDITIONAL USE PERMIT
(CUP)
A000-C COVER
A010-C
A011-C
A101-C
A111-C
MAPS
EXISTING SITE PLAN
FLOOR PLAN - LEVEL 1
EXISTING EXTERIOR
ELEVATIONS
1. PROJECT ADDRESS
2938 DAIMLER
STREET
SANTA ANA, CA 92705
2. ASSESSOR'S PARCEL
NUMBER
430-173-16
3. APPLICANT AND PROPERTY
OWNER
APPLICANT: STEVEN LEE
2938 DAIMLER
STREETANTA ANA, CA
92705 FOR:
PROPERTY OWNER:
ANCHOR STONE
CHRISTIAN
CHURCH
2938 DAIMLER STREET
SANTA ANA, CA 92705
ANCHOR STONE
CHRISTIAN CHURCH
4. REDVELOPMENT PROJECT
AREA
NOT APPLICABLE
2938 DAIMLER STREET, SANTA ANA, CA 92705
5. CURRENT ZONING / GENERAL
PLAN
P / FLEX, INDUSTRIAL/FLEX
6. TOTAL LOT
SIZE EXISTING, NO
CHANGE
7. PROPOSED USE AND FLOOR
AREA
RELIGIOUS ASSEMBLY -
3,621SF
8. OCCUPANCY: A-3 and (NO CHANGE IN SF)
B TYPE OF CONSTRUCTION:
V-N
a. OCC A-3 AREA: 2,369.57 SF
b. OCC B AREA: 1,251.43 SF
9. OFF-SITE PARKING
DIV 7, SEC. 41-1411
1:50 SF NON-FIXED
SEATNG
3,179.57 / 50 = REQ'D PROVIDED
64 34
10. PARKING STALL
DIMENSIONS:
INTERIOR: 9'-0" X 17'-6"
EXT PERIMETER: 9'-0" X 20'-
0"
DRIVE AISLE: 23'-0"
A000-C COVER
2022-11-16 9:03:33 AM
9/11/2023
Planning Commission 1 – 18 City Council 37 – 37 11/21/2023 9/11/2023
Planning Commission 1 – 19 City Council 37 – 38 11/21/2023 ANCHOR
STONE
PROJECT
CHRISTIAN LOCATION
CHURCH
LOCATIO N MAP VICINITY MAP
A010 -C MAPS2022-11-16
9:03:33 AM
9/11/2023
Planning Commission 1 – 20 City Council 37 – 39 11/21/2023 2938
DAIMLE
R
EXISTING
TRASH
ENCLOSU
RE
BUILDI
NG
ENTRA
NCE
EXISTI
NG
DRIVE
EXISTI WAY
NG
DRIVE
WAY
EXISTI
NG
DRIVE
WAY
Graphic Scale: 1 inch = 40 feet
0 40' 80' 120' 160'
A011 -C EXISTING SITE PLAN2022-11-16
9:03:33 AM
9/11/2023
Planning Commission 1 – 21 City Council 37 – 40 11/21/2023
EXISTING OFFICE SPACE NOT IN SCOPE OF WORK
BAPTISM
POOL UP 2'-3
1/4"
A/V
CLOSE
107
20'-1
1/2" OFFI
CE
112
AUDITO
RIUM
102
CONFER
ENCE
18.03 111 SF
158.51
SF 1281.51
SF
195.02
SF
MEN'S
TOILET
155.56 121
SF
HALL
WAY
117
OFFI
CE
113.14 113 SF 103.72
SF 17'-11
1/2"
5'-
0"
WOMEN'S
TOILET
122 MEETI
NG
114
CONSTRUCTIO N LEGEND
11'-0
1/2"
6'-0
1/4" 161.06
SF
UP . 128.63
SF EXISTING
ELEMENTS TO
REMAIN
OR
BREAK
AREA
116
SOU
ND
104 118.89 49.32 SF NURS SF ERY NEW ELEMENTS TO
BE CONSTRUCTED STOR
AGE
123
105 STOR
AGE
106
JA
N
109
92.71 SF 19.85
26.43 SF
SF
23.44 SF LOB
BY SOCIAL
HALL
115
101
151.38
SF 411.13
SF PASTOR
OFFICE
103
ELEC
/IT108 139.82 37.06 SF SF N
0' 4' 8' 16' 32'
A101 -C FLOOR PLAN - LEVEL 1 2022-11-16
9:03:33 AM
9/11/2023
Planning Commission 1 – 22 City Council 37 – 41 11/21/2023 CUP
APPLICATION
LIMIT
SOUTH ELEVATION NORTH ELEVATION (NOT IN CUP APPLICATION LIMIT) CUP
APPLICATION
LIMIT
CUP
APPLICATION
LIMIT
W EST ELEVATION EAST ELEVATIO N A111 -C EXISTING EXTERIOR ELEVATI ONS 9/11/2023
Planning Commission 1 – 23 City Council 37 – 42 11/21/2023 This space for filing stamp only O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
Telephone (714) 543-2027 / Fax (714) 542-6841
NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGEN OR#: 3734817 20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA - 92702
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING
COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions .
Planning Commission Action: The
Planning Commission will hold
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.
a Public
P ROOF OF P UBLICATION
(2015.5 C.C.P.)
Project Location: 2938 South Daimler
Street located within the Professional (P)
zoning district. State of Ca lifornia
County of ORANGE
)
) ss Project Applicant: Steven Lee
(Applicant) on behalf of Anchor Stone
Christian Church (Property Owner)
Proposed Project: The applicant is
requesting approval of Conditional Use
Permit No. 2023-18 to allow a church to
occupy the existing office building.
Notice Type: GPN - GOVT PUBLIC NOTICE
Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA), there is no environmental
impact associated with this action.
Ad Description:
2938 S Daimler
Meeting Details:This matter will be heard
on Monday, September 11, 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
visit https://www.santa-ana.org/planningand-building-meeting-participation/.
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Written Comments: If you are unable to
participate in the meeting, you may send
written
[email protected]
(reference the Agenda Item
comments by e-mail to
# in the
subject line) or mail to Nuvia Ocampo,
Recording Secretary, City of Santa Ana,
20 Civic Center Plaza – M20, Santa Ana,
CA 92701. Deadline to submit written
comments is 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.
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
09/01/2023
hearing at: https://santaana.primegov.com/public/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
hearing.
Executed on:
At Los Angeles, Ca lifornia
09/01/2023
I ce rtify (or declare) under pe na lty of perjury that the foregoing is true and correct.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo (714) 667-2732.
N ế u c ầ n liên l ạ c b ằ ng ti ế ng Vi ệ t,
xin đi ệ n tho ạ i cho Tony Lai s ố (714)
565-2627.
9/1/23
OR-3734817#
Signature
!A000006398994!
Email
9/11/2023
Planning Commission 1 – 24 City Council 37 – 43 11/21/2023
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.
Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group.
Project Location: 2938 South Daimler Street located within the Professional (P) zoning district.
Project Applicant: Steven Lee (Applicant) on behalf of Anchor Stone Christian Church (Property Owner)
Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 2023-18 to allow a church to occupy the existing office building.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), there is no environmental impact associated with this action.
Meeting Details: This matter will be heard on Monday, September 11, 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 visit https://www.santa-ana.org/planning-and-buildingmeeting-participation/.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 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.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at:
https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any 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 9/11/2023
Planning Commission 1 – 25 City Council 37 – 44 11/21/2023 delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en 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. 1000’ RADIUS NOTIFICATION MAP
9/11/2023
Planning Commission 1 – 26 City Council 37 – 45 11/21/2023 cm\cntr-frm\appeal
5/00
I. OWNER/APPLICANT
Applicant Full name of Person, Firm, or Corporation
( ) Mailing Address Area Code Phone No.
Legal Owner Name:
Legal Owner Address:
Phone No.: ( ) ( ) Fax: ( )
II. PROPERTY INFORMATION
Land Use Existing Land Use of Property and/or Building Zoning District General Plan Designation Location Street Address Name of Nearest Intersecting Street
SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS
III. REASON FOR REQUEST
In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.)
Applicant’s Signature: Date:
APPEAL APPLICATION NO.
APPEAL APPLICATION
Planning and Building Agency
Planning Division
20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714) 647-5804
Anchor Stone Christian Church 2938 Daimler Street, Santa Ana, CA 92705 626 626 949 616-2312 Anchor Stone Christian Church, a California religious corporation 2938 Daimler Street, Santa Ana, CA 92705 616-2312 466-7077 [email protected] corporate office Professional (P) Flex-3 2938 Daimler Street, Santa Ana, California between E. Deere Avenue & E. Garry A Applicant appeals the Planning Commission's denial of Conditional Use Permit No, 2023-18. Applicant is a religious corporation organized under California’s Nonprofit Religious Corporation law Applicant appeals for the reasons previously stated at Tab 1 hereto, as well as the following: <> Denial of the CUP imposes a substantial burden on applicant's religious exercise <> City staff have never identified a compelling governmental interest for denying a CUP <> Applicant asked the Planning Commission to consider RLUIPA but it refused to do so <> The City is continuing its unlawful "pattern and practice" of violating RLUIPA - See Tab 2 Sept. 14, 2023
City Council 37 – 46 11/21/2023
City Council TAB 1 37 – 47 11/21/2023
City Council 37 – 48 11/21/2023
City Council TAB 2 37 – 49 11/21/2023
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3 4
5 6
7 8
9 10
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13 14
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se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 1 of 18 Page ID #:180
KRISTEN CLARKE
Assistant Attorney General
Civil Rig~ts Division
SAJ\1EENA SHINA MAJEED
Chief, Housin_g ~n_d Civil Enforcement Section
CARRIE PAGNUCCO, Acting Deputy Chief
NOAH SACKS, Trial Attorney
TERRENCE MANGAN, Trial Attorney
U.S. Department ofJustice
Civil Rights Division
Housing and Civil Enforcement Section
1-50 M. Street NE
Washington, D.C. 20001
Telephone: (202) 531-5995
Email: [email protected]
E. MARTIN ESTRADA
United States Attorney
DAVID M. HARRIS
Assistant United States Attorney
Chief, Civil Division
RICHARD M. PARK
Assistant United States Attorney
Chief, Civil Rights Section, Civil Division
MATTHEW NICKELL (Cal. Bar No. 304828)
Assistant United States Attorney
Federal Building, Suite 7516
300 North Los Angeles Street
Los Angeles California 90012
Telephone: (213) 894-8805, Facsimile: (213) 894-7819
Email: matthew [email protected]
Attorneys for
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
MICAH'S WAY,
Plaintiff,
V.
CITY OF SANTA ANA,
Defendant.
Case No. 8:23-cv-00183-DOC-KES
STATEMENT OF INTEREST IN
OPPOSITION TO DEFENDANT'S
MOTION TO DISMISS PLAINTIFF'S
COMPLAINT
Date: June 5, 2023
Time: 8:30 a.m.
Courtroom: 10-A
Hon. David 0 . Carter
United States District Judge
If-- ------ ------~
City Council 37 – 50 11/21/2023
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20 21
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24 25
26 27
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3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
.
se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 2 of 18 Page ID #:181
TABLE OF CONTENTS
TABLE OF AUTHORITIES ... ........................................................................................... 2 I. STATEMENT OF INTEREST OF THE UNITED STATES ..................................... .4 II. BACKGROlJND ...................................................................... .................................... 4 III. ARGUMENT................................................................................................................ 7 A. MW plausibly alleged that its distribution of food and drinks to homeless individuals is "religious exercise" under RLUIPA......................................................... 7 B. MW plausibly alleged that the City's complete refusal to allow it to provide food or drinks to homeless individuals "imposes a substantial burden" on its religious exercise under RLlJIPA................................................................................................ 12 IV. CONCLUSION..................................................................... ...................................... 15 CERTIFICATE OF COMPLIANCE ................................................................................ 17 1 City Council 37 – 51 11/21/2023
se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 3 of 18 Page ID #:182
TABLE OF AUTHORITIES
2 3
4 5
6 7
8 9
IO
11 12
13 14
15 16
17 18
Cases
A cad. ofOur Lady ofPeace v. City ofSan Diego, No. 09CV962-WQH-AJB, 2010 WL 1329014 (S.D. Cal. Apr. 1, 2010) ................................................................................. 12 Ashcroft v. Iqbal, 556 U.S. 662 (2009) ............................................................................... 4 Bell Atlantic Co. v. Twombly, 550 U.S. 544 (2007) .......................................................... .4 Cutter v. Wilkinson, 544 U.S. 709 (2005) ....................................................................... 7, 9 Fifth Ave. Presbyterian Church v. City ofNew York, 293 F.3d 570 (2d. Cir. 2002) ......... 8 First Lutheran Church v. City ofSt. Paul, 326 F.Supp.3d 745 (D. Minn. 2018) ....... 11 , 14 Greene v. Solano Cnty. Jail, 513 F.3d 982 (9th Cir. 2008) .......................................... 7, 13 Guru Nanak Sikh Soc. ofYuba City v. County ofSutter, 456 F.3d 978 (9th Cir. 2006) .... 12, 13, 15
Harbor Missionary Church Corp. v. City ofSan Buenaventura, 642 F.App'x 726 (9th Cir.2016) .. .................................................................................................................. 8,9 Int'! Church ofFoursquare Gospel v. City ofSan Leandro, 673 F.3d 1059 (9th Cir. 2011) .................................................................. ..................................................... 10, 14 Johnson v. Baker, 23 F.4th 1209 (9th Cir. 2022) ....................................................... 10, 13 Mintz v. Roman Catholic Bishop, 424 F.Supp.2d 309 (D. Mass. 2006) ........................... l l 19 20
21 22
23 24
25 26
27 28
Murguia v. Langdon, 61 F.4th 1096 (9th Cir. 2023) ........................................................ 14 New Harvest Christian Fellowship v. City ofSalinas, 29 F.4th 596 (9th Cir. 2022) ... 12, 14 San Jose Christian College v. City ofMorgan Hill, 360 F .3d 1024 (9th Cir. 2004) .... 12, 14 Scottish Rite Cathedral Assn. ofLos Angeles v. City ofLos Angeles, 156 Cal.App.4th 108 (Cal. App. 2007) .............................................................................................. 11 , 12 Thomas v. Review Ed. ofthe Ind. Employment Sec. Div., 450 U.S. 707 (1981) .............. 12 W Presbyterian Church v. Bd. ofZoning Adjustment ofD. C., 862 F.Supp. 538 (D.D.C. 1994) ................................................................................................................... 8, 11-1 2 Warsoldier v. Woodford, 418 F.3d 989 (9th Cir. 2005) ................................................... 13 Wisconsin v. Yoder, 406 U.S. 205 (1972) ......................................................................... 13 2 City Council 37 – 52 11/21/2023
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se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 4 of 18 Page ID #:183 World Outreach Conj Ctr. v. City ofChicago, 591 F.3d 531 (7th Cir. 2009)....... 8, 11, 12 Statutes
28 U.S.C. § 517...................................................................................................................4 42 U.S.C. § 2000cc ............................................................................................................. 7 42 U.S.C. § 2000cc-2 .......................................................................................................... 4 42 U.S.C. § 2000cc-3 .......................................................................................................... 8 42 U.S.C. § 2000cc-5 ................................................................................................ 7, 9, 13 42 U.S.C. §§ 2000cc et seq . ................................................................................................ 4 Legislative History
146 Cong. Rec. S6689 (daily ed. July 13, 2000) ................................................................ 8 3 City Council 37 – 53 11/21/2023
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se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 5 of 18 Page ID #:184 I. STATEMENT OF INTEREST OF THE UNITED STATES
Pursuant to 28 U.S.C. § 517, the United States respectfully submits this Statement ofInterest to the Court relating to the Defendant City of Santa Ana's ("City") Motion to Dismiss ("Motion" or "Mot."), ECF No. 16. 1 This case raises important questions involving the application ofthe Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc et seq. In addition to creating a private cause of action, RLUIP A charges the Attorney General with enforcing its provisions. See 42 U.S.C. § 2000cc-2(f). Because this litigation implicates the proper interpretation and application ofRLUIPA, the United States has a strong interest in the issues raised by the City's Motion and believes that its participation will aid the Court. The scope of the United States' Statement ofInterest is limited to what constitutes religious exercise and whether Plaintiff has sufficiently alleged a substantial burden claim under RLUIPA. As Plaintiff has plausibly alleged a violation ofRLUIPA, the City's Motion to Dismiss Plaintiffs RLUIPA claim should be denied.
II. BACKGROUND
According to the Complaint ("Compl."), ECF No. 1, Micah's Way ("MW"), is a "faith-based organization" named after the "'Micah Mandate' set forth in Micah 6:8 in the Bible."2 Compl. ,I5. The "Micah Mandate" requires followers " [t]o act justly, and to love mercy, and to walk humbly with your God." Id. MW describes itself as a 1 Under 28 U.S.C. § 517, " [t]he Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests ofthe United States in a suit pending in a court ofthe United States, or in a court of a State, or to attend to any other interest ofthe United States." 2 A court must, on a motion to dismiss, assume the truth ofthe well-pleaded allegations of the complaint. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Co. v.
Twombly, 550 U.S. 544, 555 (2007)). For this reason, the United States treats the Plaintiffs allegations as true in this Statement ofInterest. The United States takes no position on the merits ofPlaintiff's claims, including whether the City has violated RLUIPA.
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se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 6 of 18 Page ID #:185 "Christian ministry" that follows the teachings ofJesus Christ, and particularly the words ofMatthew 25:35-40, which state, "For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink ..." Id. 14. Consistent with this mandate, MW provides charitable services to homeless individuals, including by providing light food and beverages, to persons who come to their Resource Center. Id. ,r7. In particular, MW believes it "has a religious duty to help the homeless that come to it ... including by providing a cup of coffee and a muffin if a client is hungry." Id. if27.
Since early 2016, MW's Resource Center has been located at 1517 East Fourth Street in Santa Ana, California. Compl. ,rs 1. MW describes this as an "excellent location" because it is only half a mile from the Department ofMotor Vehicles ("DMV"), facilitating its ID voucher services.3 Id. ,rs2. MW has paid yearly fees to the City for a business license, but does not have a Certificate ofOccupancy ("COO"). Id. ,r,r1 0, 54-56.
In early 2020, MW began providing snacks and beverages outdoors in response to the COVID-19 pandemic. Compl. if57. Around this same time, a needle exchange program operated by the American Addiction Institute began operations two doors down from MW. The exchange was associated with increased neighborhood complaints of drug use, trespassing, littering, and loitering. Id. ,r,r58-60, 64-67.
In November 2021, the City's mayor received a complaint "begging" him to "do something about the homeless houses" after individuals "dump[ed] trash and bleach" on a local resident's door. Compl. if64. In response, the mayor instructed various city departments "to devise whatever measures they could come up with to compel MW and the Needle Exchange to move out ofthe 4th Street neighborhood or, at the very least, to severely curtail their operations." Id. ,r,r67, 68, 74. 3 MW assists homeless persons fill out ID vouchers, which allows them to obtain a free California photo ID from the DMV. MW also assists homeless persons in obtaining birth certificates so that they can qualify for various government benefits, including housing assistance. Compl. if52.
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28 se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 7 of 18 Page ID #:186 On November 29, 2021, the City issued an Administrative Citation to MW for "engaging in unpermitted food distribution" and "conducting business operations without a valid COO." Comp!. ~79. The following day, the City held a community meeting regarding its "enforcement efforts" against MW. Id. ,r,r98-l 04. The mayor stated that MW and the needle exchange were "not in the right location," and that a solution was possible only if they were "open-minded about finding relocation." Id. ,r,rI03-04. His intention was "to correct what's happening here, but also prevent it from happening anyplace else in the City." Id. ,r102.
MW applied for a COO in December 2021, but was denied in January 2022.
Comp!. ,r12. MW reapplied in February 2022, but was denied again "on the grounds that MW was engaged in food distribution activities that were allegedly not permitted in the Professional district." Id. In March 2022, MW informed the City that its refusal to grant a COO permitting it to provide food and beverages to poor and homeless individuals was a violation ofRLUIPA. Id. i!l07. On June 7, 2022, the City informed MW that it would "take all appropriate action," including the "issuance of administrative fines, criminal prosecution and/or civil remedies such as injunctions and penalties," if MW continued operating without a COO. Id. ,rl3.
MW administratively appealed the City's second COO denial in August 2022.
Comp!. i!l4. Following a hearing, the administrative hearing officer concluded that the City had failed to adequately "address the RLUIPA issues." Id. ,r16. MW subsequently met with City officials and offered to return to its pre-pandemic practice ofproviding food and drink indoors rather than from its garden courtyard. Id. ,r112. However, the City rejected this offer. Id. ,r113. Regardless, MW reverted to its pre-pandemic procedures and currently only distributes food and beverages inside its Resource Center.
Id. ,r29. Although MW informed the City in writing of this policy change, on January 11 , 2023, the City notified MW that it would not permit MW to "provid[ e] any food or beverages of any kind to any clients or any other members ofthe public ( whether rich or poor), either inside or outside MW's Resource Center." Id. ,r,r3 1-32, 35. Accordingly, 6 City Council 37 – 56 11/21/2023
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se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 8 of 18 Page ID #:187 MW remains "subject to potential fines, injunctions, and criminal prosecution" from the City. Id. if31; see also id. ,r13.
On January 30, 2023, MW filed this suit, alleging inter alia that the City's actions violated RLUIPA by imposing a substantial burden on its religious exercise. Compl. ,r,rl 16-27. On March 22, 2023, the City moved to dismiss MW's claims. Mot. at 2.
Specifically, the City argues that MW's "use of its property, as alleged in the Complaint, does not constitute a religious exercise under RLUIPA," and that its denial ofMW's COO application does not impose a substantial burden on MW's religious exercise because food and drink distribution is merely "incidental" to MW's practices. Id. 111. ARGUMENT
RLUIPA provides that "[n]o government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution" unless the government demonstrates that the imposition ofthat burden is the least restrictive means offurthering a compelling governmental interest. 42 U.S.C. § 2000cc(a)(l). Here, MW has plausibly alleged a violation ofRLUIPA because its Complaint asserts that (1) providing food and drink to homeless individuals is a part of its " religious exercise," and (2) the City's outright ban on this practice "imposes a substantial burden on its religious exercise." A. MW plausibly alleged that its distribution of food and drinks to homeless individuals is "religious exercise" under RLUIPA.
RLUIP A broadly defines "religious exercise" as "any exercise of religion, whether or not compelled by, or central to, a system of religious belief." 42 U.S.C. § 2000cc5(7)(A). This definition is deliberately far-reaching, as evidenced by Congress' intent to distinguish RLUIP A "from traditional First Amendment jurisprudence" by "expand[ing] the reach of the protection to include 'any religious exercise."' Greene v. Solano Cnty.
Jail, 513 F.3d 982,986 (9th Cir. 2008) (citing Cutter v. Wilkinson, 544 U.S. 709, 715 (2005)). Indeed, RLUTPA itself demands that it be "construed in favor of a broad protection ofreligious exercise, to the maximum extent permitted by the terms ofthis 7 City Council 37 – 57 11/21/2023
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se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 9 of 18 Page ID #:188 chapter and the Constitution." 42 U.S.C. § 2000cc-3(g).
Consistent with this broad mandate, courts have routinely found that providing charity to homeless individuals- including by offering food and drink-can constitute "religious exercise" under RLUIPA. See, e.g., Harbor Missionary Church Corp. v. City ofSan Buenaventura, 642 F. App'x 726, 727-29 (9th Cir. 2016) (finding that the church's homeless ministry, which included offering food, was "an integral part of its religious exercise"); World Outreach Conj Ctr. v. City ofChicago, 591 F.3d 531, 537 (7th Cir. 2009) (holding that the City's denial of a permit impeded the church's "religious mission of providing living facilities to homeless and other needy people"); Fifth Ave. Presbyterian Church v. City ofNew York, 293 F.3d 570, 574-75 (2d. Cir. 2002) (finding that operating a homeless shelter constitutes religious exercise); see also W Presbyterian Church v. Bd. ofZoning Adjustment ofD.C., 862 F. Supp. 538, 544 (D.D.C. 1994) (noting that, in the Religious Freedom Restoration Act context, the "concept of acts of charity as an essential part of religious worship is a central tenet of all major religions," including by providing "clothing for the naked,foodfor the hungry, and benevolence to the needy") ( emphasis added).4
Here, MW alleges that providing food and drink to poor and homeless individuals is an integral part of its religious exercise. MW asserts that it is a Christian "faith-based organization" named after the "Micah Mandate," as set forth in the Bible. Compl.15.
Feeding homeless persons is part of its "Christian ministry." Id. ilil4, 19, 26, 42-43.
MW feeds homeless persons because it believes it "has a religious duty to help the homeless that come to it ... including by providing a cup of coffee and a muffin if a client is hungry." Id. 127. This belief is rooted in "heeding and implementing the 4 These rulings are consistent with RLUIPA's legislative intent, which aimed to protect organizations like MW that exercise their faith through charity, including by distributing food to homeless individuals. During RLUIPA's legislative process, a sponsoring senator specifically cited a "meals program for the homeless and the working poor" as a type of land use that should receive protection as religious exercise. See 146 Cong. Rec.
S6689 (daily ed. July 13, 2000) (statement of Sen. Kennedy). 8 City Council 37 – 58 11/21/2023
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28 C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 10 of 18 Page ID #:189 I following words ofJesus Christ: 'For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink' .. . . (Matthew 25:35-40)." Id. ~4.
Indeed, MW "takes great solace in the fact that providing charitable assistance to persons in need is a practice that is embraced by every major religion in the world," and MW believes it is doing "God's work" by "providing food to the hungry, drink to the thirsty, clothing to the needy, and shelter to the homeless." Id. if42.
This type offaith-based outreach is akin to Harbor Missionary Church Corp, where the Ninth Circuit found that a city's denial ofa conditional use permit, which prevented the plaintiff "from conducting its homeless ministry, an integral part ofits religion," violated RLUIPA's substantial burden provision. 642 Fed. App'x at 729.
Similar to MW, the Church in Harbor Missionary used its property to provide "basic needs to the City's homeless men and women," such as food, clothing, showers, and counseling. Id. at 727. The Church cited "the Bible at Matthew 25:34-46" as a source for its "belief that its homeless ministry is part of its religious duty to feed the hungry and clothe the naked," and that "sharing meals with homeless men and women- when done within the walls of the Church under a religious mandate-constitute[d] sacred duties." Id. at 728-29. MW's religious beliefs are similarly rooted in religious text.
Compl. ,r,r4, 25. And like Harbor Missionary, MW's practice of distributing food and beverages to people in need is an act ofreligious exercise.
The City claims that MW's food and drink distribution is not religious exercise because it is "merely an incidental use of minor significance." Mot. at 10 ( emphasis added). But MW's Complaint makes clear that food and drink distribution is an integral patt of its religious exercise and not of"minor significance." Compl. ,r,r4, 27, 42.
Moreover, the City's argument runs counter to the plain language ofRLUIPA, which protects any religious exercise, "whether or not compelled by, or central to, a system of religious belief." 42 U.S.C. § 2000cc-5(7)(A) . In other words, the centrality or significance ofthe belief or conduct at issue does not dictate whether it is "religious exercise" under RLUIPA. See Cutter, 544 U.S. at 725 n.13 (noting that RLUIPA "bars 9 City Council 37 – 59 11/21/2023
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28 C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 11 of 18 Page ID #:190 I inquiry into whether a particular beliefor practice is 'central' to" an individual's religion). Indeed, in Johnson v. Baker, the Ninth Circuit rejected a similar argument, finding that the defendant "grossly miss[ ed] the mark" by insinuating that an incarcerated individual's particular religious practice-using scented oils before prayer- was "not really that important to his worship practice." 23 F.4th 1209, 1215 (9th Cir. 2022) ( emphasis in original). Johnson also emphasized that a plaintiff need only demonstrate that a "particular facet" of his religious practice has been burdened under RLillPA, and that "it makes no difference" that a plaintiffmay still practice his "religion as a whole" under the government's restrictions. Id. at 1214-15. As alleged in its Complaint, MW's feeding homeless individuals is an important part ofits ministry and is, at the very least, a "particular facet" of its religious expression. Compl. ifif4, 7-8, 27, 31, 38-39. Accordingly, the City cannot prohibit MW's distribution offood and drink by erroneously branding it of"minor significance" to its overall religious practice.
Citing to MW's many other services, such as providing ID vouchers and hygiene products, the City argues that MW's operations "are purely administrative and are not religious in nature." Mot. at 10. However, as the City acknowledges in its motion, it denied MW's COO because MW distributed food and drink, not because it provided ID vouchers or hygiene products. Mot. at 4. While MW's other activities are also part of its religious mission, Comp!. ,r,r 6, 52, they are not at issue in this litigation. Rather, the conduct in question is providing food and drink to the needy, and the City's Motion simply ignores the Complaint's many allegations that MW has a "religious duty" to feed homeless persons. See, e.g., id. if27; see also Int 'l Church ofFoursquare Gospel v. City a/San Leandro, 673 F.3d 1059, 1069 (9th Cir. 201 1) (holding that district court may not reject the plaintiffs "characterization of its core beliefs").
Moreover, the premise ofthe City's argument- that certain activities are intrinsically secular and therefore not religious exercise- has been repeatedly rejected by courts. For example, in World Outreach Conj Ctr., the Seventh Circuit found that "even the recreational and other nonreligious services provided at the community center 10 City Council 37 – 60 11/21/2023
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C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 12 of 18 Page ID #:191 are integral to the World Outreach's religious mission .... Souls aren't saved just in church buildings." 591 F.3d at 535; see also First Lutheran Church v. City ofSt. Paul, 326 F.Supp.3d 745, 753, 761 (D. Minn. 2018) (finding that Church's nonprofit dayshelter and community center focused on "providing hospitality and practical assistance to the disadvantaged, homeless, or lonely" is "a form of ... religious exercise"). 5 Cases cited by the City reinforce the point that religious exercise is not limited to traditional houses ofworship and can include seemingly lay or "administrative" pursuits.
For example, in Scottish Rite Cathedral Association ofLos Angeles, the court acknowledged that RLUIP A protections have "been applied to activities as divergent as religiously affiliated schools ... nonprofit hospitals ... and faith-based crisis centers." 156 Cal.App.4th at 118. And in Mintz v. Roman Catholic Bishop, the court found that a proposed "parish center," which would "house an office for religious education and would serve as a meeting place for the parish council," fell "well within the definition of 'religious exercise."' 424 F.Supp.2d 309,319 (D. Mass. 2006). Undoubtedly, operating meeting places, schools, offices, hospitals, and crisis centers requires significant amounts of administrative work; nevertheless, these uses constitute religious exercise when operated for a religious purpose. And considering that offering food to the hungry cannot reasonably be mistaken as a rote administrative task, but rather has spiritual foundations and is a "central tenet of all major religions," MW's practice offeeding homeless individuals is unquestionably religious exercise. See W Presbyterian Church, 5 Some courts have found that when a religious organization engages in purely commercial conduct, like leasing its property to a commercial enterprise, that activity is not "religious exercise" for the purposes ofRLUIPA. See, e.g., Scot. Rite Cathedral Ass 'n ofLos Angeles v. City ofLos Angeles, 156 Cal.App.4th 108, 118-120 (Cal. App. 2007) (finding that City's actions in prohibiting masonic temple from renting its building to for-profit commercial activities, including a boxing match, did not infringe on temple's religious exercise). However, here, the City does not contend that the challenged conduct- feeding homeless persons-is commercial or that MW somehow financially profits from it. In fact, the City concedes that "Plaintiff is not operating a commercial use." Mot. at 9.
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C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 13 of 18 Page ID #:192 862 F. Supp. at 544) (noting that one ofthe "five Pillars ofIslam" includes giving "alms to the poor"; one ofHinduism's "five daily obligations of worship" includes "giving food or aid to the poor"; and that religious worship in Judaism includes tendering "food for the hungry[] and benevolence to the needy").
B. MW plausibly alleged that the City's complete refusal to allow it to provide food or drinks to homeless individuals "imposes a substantial burden" on its religious exercise under RLUIP A.
Government conduct that "impose[ s] a significantly great restriction or onus upon [religious] exercise" may create a substantial burden in violation ofRLUIPA. San Jose Christian Coll. v. City ofMorgan Hill, 360 F.3d I 024, I 034 (9th Cir. 2004). A land use regulation may impose a substantial burden ifit exerts "substantial pressure on an adherent to modify his behavior and to violate his beliefs." Guru Nanak Sikh Soc. of Yuba City v. County ofSutter, 456 F.3d 978, 988 (9th Cir. 2006) (citing Thomas v.
Review Bd. ofthe Ind. Employment Sec. Div., 450 U.S. 707, 717-18 (1981)).
Whether a land use regulation substantially burdens religious exercise is a highly fact-dependent question that requires examining the "totality of the circumstances."6 New Harvest Christian Fellowship v. City ofSalinas, 29 F.4th 596, 602 (9th Cir. 2022), cert. denied, 143 S. Ct. 567 (2023). "[D]etermining whether a burden is substantial .. . is ordinarily an issue offact." Acad. ofOur Lady ofPeace v. City ofSan Diego, No. 09CV962-WQH-AJB, 2010 WL 1329014, at *11 (S.D. Cal. Apr. 1, 2010) (quoting World Outreach Conj. Ctr., 591 F.3d at 539)).
Here, MW has pleaded sufficient facts to plausibly show that the City has imposed a substantial burden on MW's religious exercise by denying its COO. Under the City's 6 Indeed, cases cited by the City underscore that a substantial burden analysis is a factspecific inquiry that requires examination of a complete record. See New Harvest Christian Fellowship v. City ofSalinas, 29 F.4th 596, 599 (9th Cir. 2022), cert. denied, 143 S. Ct. 567 (2023) (appeal ofgrant of summary judgment); San Jose Christian, 360 F.3d at 1027 (same); Scot. Rite Cathedral Ass'n ofLos Angeles, 156 Cal. App. 4th at 114 (appeal ofdenial ofwrit of administrative mandamus).
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C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 14 of 18 Page ID #:193 demands, MW would be completely prohibited at its current location from distributing food and beverages to homeless individuals who come to its doors, a service that MW believes it has a "religious duty" to perfonn. Compl. 4, 8, 27, 31-32, 38. The City has also threatened to fine and criminally prosecute MW unless it ceases this practice.
Id. ,r,r 3, 13, 31, 39. This conduct is sufficient to establish a "substantial burden" on religious exercise in violation ofRLUIPA. See Johnson, 23 F.4th at 1215-16 (noting that "government action that threatens 'punishment[] to coerce a religious adherent to forgo her or his religious beliefs"' may amount to a substantial burden) ( quoting Warsoldier v. Woodford, 418 F.3d 989, 996 (9th Cir. 2005)); see also Wisconsin v.
Yoder, 406 U.S. 205,218 (1972) (holding that a "threat of criminal sanction[] to perform acts undeniably at odds with fundamental tenets oftheir religious beliefs" burdened religious exercise).
The City's decision to deny MW's COO and to threaten monetary and criminal consequences is not a "mere inconvenience," as the City argues. Mot. at 12, 13. Rather, the City has inflicted "substantial pressure" to compel MW to modify its behavior by ceasing to perform "act[ s] of charity in providing ... food and beverage items to the poor and homeless persons." Compl. ,rs. In banning MW's practice, the City imposes a substantial burden on MW's religious exercise. See Guru Nanak, 456 F.3d at 988; Greene, 513 F .3d at 988 (holding that "an outright ban on a particular religious exercise is a substantial burden on that religious exercise") (emphasis added).
As discussed earlier, the City's assertion that there is no substantial burden on MW's religious exercise because food and drink distribution is "merely incidental" to MW's operations, Mot. at 12, is both legally and factually incorrect. See Sec. III.A supra. The City's argument ignores the plain language ofRLUIPA, which expressly protects "any" religious exercise regardless ofwhether it is "compelled by, or central to, a system ofreligious belief." 42 U.S.C. § 2000cc-5(7) ( emphasis added). It is therefore irrelevant how "central" food distribution is to MW's religious beliefs in assessing whether the City's conduct has substantially burdened religious exercise in violation of 13 City Council 37 – 63 11/21/2023
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27 C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 15 of 18 Page ID #:194 RLUIPA. See also First Lutheran Church, 326 F.Supp.3d at 761-62 (holding that 20- person capacity limitation and "No Trespassing" sign requirement imposed a substantial burden in violation ofRLUIPA on church's religious exercise because it interfered with efforts to assist homeless persons). In any event, the Complaint contains ample facts establishing that food distribution to homeless persons is an important part ofMW's religious exercise and is not "merely incidental." Compl. ,r,r4, 27, 42. And MW's facts must be accepted as true, and all reasonable inferences drawn in favor ofMW, on a motion to dismiss. Murguia v. Langdon, 61 F.4th 1096, 1106 (9th Cir. 2023).
Further, although not required at the pleading stage, MW alleges that it lacks readily available alternatives and that it is effectively precluded from changing locations.7 For example, MW alleges that moving locations would be "impossible" due to the costs and unlikelihood offinding a landlord willing to rent to an organization that serves homeless individuals, and that it cannot relocate without experiencing significant uncertainty, delay, or expense, or otherwise violating its religious purpose. Compl. i!39.
These allegations further support plaintiff's substantial burden claim under RLUIPA.
See New Harvest, 29 F.4th at 602-04 (evidence that other available properties are unsuitable because of "size, configuration, safety, or current uses" can support substantial burden finding); Int '! Church ofFoursquare Gospel, 673 F.3d at 1067 (finding evidence of lack of other suitable sites in the city to house the church's expanded operation supported substantial burden claim).
Moreover, MW has also plausibly alleged that the City could apply the same reasoning to deny any future COO applications, even ifMW were to relocate. In 2021 , the mayor directed various staff and departments to identify a basis for removing MW 7 While the City makes passing reference to "ready alternatives" as a factor in the substantial burden analysis, the City cites no case where a RLUIPA plaintiff was required to plead that it lacked adequate alternative locations to withstand a motion to dismiss. Cases discussing the availability of alternative locations have done so in the context ofsummary judgement. See, e.g., New Harvest, 29 F.4th at 603; San Jose 28 Christian Coll., 360 F.3d at 1035. 14
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from its location, Comp!. ,r74, and stated his intent to prevent homelessness-related issues "from happening anyplace else in the City," id. ,r102 ( emphasis added).
Accordingly, MW has plausibly alleged that " the City would [not] agree to provide a COO" to MW in any location. Id. if40; see Guru Nanak, 456 F.3d at 989 (reasoning that prior application denials "to a significantly great extent lessened the possibility that future [] applications would be successful").
The City has informed MW that it "will not entertain" any conditions short ofMW shuttering its food and beverage service. Comp!. iI32. MW ceased distributing food and beverages outside ofthe office and moved this activity indoors in order to address the City's concerns, but these actions have not appeased the City. Id. ,r,r27-29, 112. The City's complete prohibition on allowing MW to feed homeless individuals at its Resource Center under any circumstances further supports MW's claim that the City has violated RLUIPA by imposing a substantial burden on its religious exercise. See Guru Nanak, 456 F.3d at 991 (upholding substantial burden finding in part because defendant refused to accept mitigation conditions offered by plaintiffor suggest what conditions it would accept to permit religious temple).
IV. CONCLUSION
MW's Complaint alleges sufficient facts plausibly showing (1) that its food and beverage distribution to homeless individuals is religious exercise protected by RLUIPA, and (2) that the City's denial of its COO application substantially burdens its religious exercise in violation ofRLUIPA. Therefore, the City's motion to dismiss MW's RLUIPA claim should be denied.
Dated: May 9, 2023
E. MARTIN ESTRADA
United States Attorney
Respectfully submitted,
FOR THE UNITED STATES:
KRISTEN CLARKE
Assistant Attorney General
Civil Rights Division
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C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 17 of 18 Page ID #:196 DAVID M. HARRIS
Assistant United States Attorney
Chief, Civil Division
RICHARD M. PARK
Assistant United States Attorney
Chief, Civil Rights Section, Civil Division
Isl Matthew Nickell
MATTHEW NICKELL
Assistant United States Attorney
Civil Rights Section, Civil Division
SAMEENA SHINA MAJEED
Chief, Housing and Civil Enforcement
Section
Civil Rights Division
CARRIEPAGNUCCO
Acting Deputy Chief, Housing and Civil
Enforcement Section
Civil Rights Division
Isl Noah Sacks
NOAH SACKS
Trial Attorne)'., Housing and Civil
Enforcement Section
Civil Rights Division
Isl Terrence Mangan
TERRENCE MANGAN
Trial Attorney, Housing and Civil
Enforcement Section
Civil Rights Division
Attorneys.for the United States ofAmerica
16 City Council 37 – 66 11/21/2023
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C se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 18 of 18 Page ID #:197
CERTIFICATE OF COMPLIANCE
The undersigned, counsel of record for the United States, certifies that this brief contains 5,120 words, which complies with the word limit ofL.R. 11-6.1.
Dated: May 9, 2023 Respectfully submitted,
/s/ Matthew Nickell
MATTHEW NICKELL
Assistant United States Attorney
Civil Rights Section, Civil Division
17 City Council 37 – 67 11/21/2023
MEMORANDUM
MCT # 67459
TO:
FROM:
SUBJECT:
Finance & Management Services Agency
Planning and Building Agency
Miscellaneous Cash Transaction
PROJECT NAME: MASTER ID #
PROJECT ADDRESS:
Application # Permit #
AP #
Anchor Stone Christian Church
2938 S Daimler St, Santa Ana, CA 92705-5811
2023-179697
ISSUED TO:
ADDRESS:
Steven Lee
1030 N Mountain Ave #198
Ontario, CA 91762
APPL-2023-7-APC
430-173-16
All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made.
Thursday, September 14, 2023
PAID
1 Appeal (Applicant) 1.0000 $4,944.00 $4,944.00 01116002 53606 ITEM DESCRIPTION QTY UNIT RATE AMOUNT FUND NO.
Issued By:
Comments:
TOTAL MCT AMOUNT:
Created via Planning Invoice process
web_plpay (Planning and Building Agency)
NOTES:
$4,944.00
GL Account # Total
01116002 53606 $4,944.00
For payment to be considered complete, a
Miscellaneous Cash Transaction (MCT) must be paid
in full.
City Council 37 – 68 11/21/2023
City Response to Anchor Stone Christian Church
Appeal No. 2023-07
1 Comment 1: Applicant appeals for the reasons in Tab 1.
Reason A: Corporate headquarters and campuses are expressly permitted uses under the Industrial/Flex-Medium land use designation.
Reason B: The property is within Professional (P) zoning district, and churches are permitted uses in that district.
Reason C: The Development Review Committee (DRC) denial letter issued on June 1, 2023, provides no rational or legal basis for its decision to deny the proposed CUP.
Response 1: See responses to points A through B below.
Response A: Staff's evaluation of the submitted project relied exclusively on the details provided by the applicant within the application, which explicitly indicates that the intended land use is for assembly purposes.
In this case, staff's assessment was entirely framed by the information contained within the application and plans, and staff had no basis for considering any corporate headquarters plans that were not explicitly detailed. As such, the staff's review was firmly anchored in the scope of the proposed assembly use. Moreover, in May of 2023, Anchor Stone Christian Church applied for a certificate of occupancy (COO) for an administrative office space only. However, Anchor Stone Christian Church has not finalized the COO as they have not scheduled the required inspection conducted by the City of Santa Ana Building Division.
Response B: Pursuant to Section 41-313.5 of the SAMC, churches and accessory church buildings may be permitted in the P zoning district, subject to the issuance of a conditional use permit. Churches and accessory church buildings are not a uses that are permitted by right.
Pursuant to Section 41-638 of the SAMC CUPs may be granted only when it can be shown that a project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings results in a denial.
Furthermore, SAMC Section 41-638(a)(1) requires that all five of the specified findings of fact contained therein are satisfied before the Planning Commission may grant approval of a CUP, one of which is evaluating if the project will adversely affect the General Plan.
The subject site’s General Plan land use designation is Flex-3, which allows office/industrial flex spaces, research and development, and manufacturing corporate headquarters/campuses, and does not permit community assembly uses (e.g., churches) as a permissible use. Lastly, the proposed use will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP), as was comprehensible analyzed in the project staff report.
Response C: The DRC denial letter issued on June 1, 2023, outlined the requirements needed for the Development Project (DP) application to be deemed complete by City staff.
Pursuant to the Standards of Approval outlined in Section 41-670(1) and Section 41- 673(b)(1) of the SAMC, the proposed project must be consistent with the general plan and City Council 37 – 69 11/21/2023
City Response to Anchor Stone Christian Church
Appeal No. 2023-07
2 any applicable specific plan adopted pursuant to California Government Code, Section 65450 et seq. Moreover, the letter outlined the requirements needed for staff to provide a recommendation to the Planning Commission to approve the CUP listed in Section 41- 638(a)(1) of the SAMC.
Comment 2: Denial of the Conditional Use Permit (CUP) imposes a substantial burden on applicant's religious exercise.
Response 2: CUP requests are governed by Section 41-638 of the Santa Ana Municipal Code (SAMC). CUPs may be granted when it can be shown that the proposed project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings results in a denial.
The decisions regarding land use and the CUP are fundamentally anchored in a careful evaluation of the proposed assembly use for the existing office building. This evaluation also centers on identifying any inconsistencies with the General Plan land use designation. Additionally, a comprehensive analysis of how the proposed assembly use aligns with the pre-established vision of the General Plan land use element was necessary for staff to make a recommendation to the Planning Commission. This entails an assessment of whether the intended use harmoniously fits within the existing zoning and land use framework. The consideration of inconsistencies is pivotal in ensuring that the proposed development adheres to the city's broader goals and policies, fostering sustainable and compatible growth.
During the Planning Commission hearing, the Applicant alleged that staff’s denial recommendation of its CUP violated Applicant’s religious exercise under the federal statute known as the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of all applicable laws, including RLUIPA and made its recommendations and proposed findings in accordance with the Santa Ana Municipal Code and all other applicable laws.
Comment 3: City staff have never identified a compelling governmental interest for denying a CUP.
Response 3: City staff’s denial recommendation is primarily grounded in the observation that the proposed assembly use does not align with the General Plan's land use designation for the area, which is classified as Industrial/Flex-Medium (Flex-3). This incompatibility raises concerns regarding the harmonious integration of the proposed activity within the existing zoning and land use framework. The City staff's evaluation highlights the need for the proposed assembly use to align with the General Plan land use designation to ensure the sustainable and coherent development of the area.
In reviewing the proposed CUP request, staff evaluates the project against the five findings of fact codified in SAMC Section 41-638(a)(1), including consistency with the General Plan. Requiring consistency of a CUP with a local jurisdiction’s general plan is well established by California case law. The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan (Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future City Council 37 – 70 11/21/2023
City Response to Anchor Stone Christian Church
Appeal No. 2023-07
3 developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.).
The General Plan Land Use Element land use designation describes the site’s Flex-3 and allowable uses are as follows:
The Industrial/Flex designation is intended to provide context-appropriate development in areas with existing industrial uses. When adjacent to existing residential neighborhoods, this designation can provide a buffer between homes and traditional industrial uses. When adjacent to urban-scale mixed-use development, this designation is more free to emphasize significant employment opportunities.
Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office-industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live-work units. Adaptive reuse of buildings to accommodate live-work units is encouraged. Standalone residential is not permitted. Building form and height should reflect the existing context and, if inside a Focus Area, communicate the envisioned character for the area.
Based on the land use designation and development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly-type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for “retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools,” among which “recreational, cultural, and entertainment uses” provide for community assembly such as religious facilities.
During the Planning Commission hearing, the Applicant alleged that staff’s denial recommendation of its CUP violated Applicant’s religious exercise under the federal statute known as RLUIPA. In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of all applicable laws, including RLUIPA and made its recommendations and proposed findings in accordance with the Santa Ana Municipal Code and all other applicable laws.
Comment 4: Applicant asked the Planning Commission to consider RLUIPA but the Planning Commission refused to do so.
Response 4: The Planning Commission made a land use determination based on the applicant’s proposed land use (i.e., assembly use) for the existing office building.
During the Planning Commission hearing, the Applicant alleged that staff’s denial recommendation of its CUP violated Applicant’s religious exercise under the federal statute known as RLUIPA. In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of City Council 37 – 71 11/21/2023
City Response to Anchor Stone Christian Church
Appeal No. 2023-07
4 all applicable laws, including RLUIPA and made its recommendations and proposed findings in accordance with the Santa Ana Municipal Code and all other applicable laws.
The commission adhered to the applicable land use regulations, zoning ordinances, and broader city planning considerations. In accordance with California Government Code Section 65300 and 65800, local jurisdictions have the power and responsibility to adopt general plans and zoning ordinances that are designed to facilitate and regulate the safe, orderly, and sustainable development of their communities. The focus is primarily on how the proposed assembly use aligns with the established zoning and land use policies. The land use decisions were made in accordance with the pertinent local regulations and guidelines, maintaining the integrity of the City's planning and development process.
Comment 5: The City is continuing its unlawful "pattern and practice" of violating RLUIPA.
Response 5: The land use decisions made during the Planning Commission meeting on September 11, 2023, were meticulously rooted in the examination of the proposed assembly land use for the existing office building only. It is essential to emphasize that the Applicant’s proposed religious assembly use played no role in the Planning Commission’s determination nor in staff’s analysis of land use inconsistencies as it relates to the City’s general plan. The primary focus of the Planning Commission's deliberations was the compatibility of the proposed land use (i.e., assembly use) with the zoning and land use regulations set forth by the city.
The Planning Commission emphasized its commitment to impartiality in the decision-making process based solely on the proposed assembly use. The emphasis was placed squarely on evaluating the assembly use's conformity with local zoning ordinances and land use policies, ensuring that it would seamlessly integrate into the existing and future development without introducing any religious or institutionalized aspects that might trigger RLUIPA-related concerns.
This approach not only upholds the integrity of the City's land use regulations but also marks the importance of considering land use decisions within the context of the local planning framework, allowing for judicious and consistent urban development.
City Council 37 – 72 11/21/2023
Parks, Recreation, and Community Services Agency
Planning and Building Agency
Public Works Agency
Item # XX
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
Topic: Standard and McFadden Park located at 1117 S Standard Avenue
AGENDA TITLE
Public Facilities Naming No. 2023-01, Abandonment No. 2023-03, General Plan Amendment No. 2023-01, and Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue Legal notice published in the OC Reporter on November 10, 2023 and notices mailed on November 9, 2023.
RECOMMENDED ACTION
1. Affirm the Planning Commission’s adoption of a resolution approving Public Facilities Naming No. 2023-01 (Gerardo Mouet Park); and
2. Adopt a resolution approving Abandonment No. 2023-03; and RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH STANDARD AVENUE (ABANDONMENT NO. 2023-03) (includes determination that the vacation is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15378pf of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment)
3. Adopt a resolution approving General Plan Amendment No. 2023-01; and RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2023-01 TO CHANGE THE GENERAL PLAN AMENDMENT LAND USE
DESIGNATIONS FOR THE PROPERTIES RECOGNIZED AS ASSESSOR
PARCEL NUMBERS 011-251-38 AND 011-251-39 (from Low Density Residential (LR-7) to Open Space (OS))
City Council 38 – 1 11/21/2023
Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023
4. Adopt the first reading of an ordinance approving Amendment Application No. 2023-01; and
ORDINANCE NO. 2023-XXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR
PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011-251-20, 011-251- 38 AND 011-251-39 (from Multiple-Family Residence (R-3) to Open Space Land (O); read by title only and waive further reading.
5. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
The Parks, Recreation and Community Services Agency (PRCSA), Planning and Building Agency (PBA), and Public Works Agency (PWA) are requesting that the City Council (1) affirm the Planning Commission’s adoption of Public Naming Facilities (PFN) No. 2023-01 to name the public park located at the northeast corner of Standard Avenue and McFadden Avenue (collectively known as 1117 S Standard Avenue) to “Gerardo Mouet Park;” (2) approve Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; (3) approve General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (4) approve Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O).
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 1117 S Standard Avenue – Ward 6 Nearest Intersection Standard Avenue and McFadden Avenue Existing Low Density Residential (LR-7) General Plan Designation Proposed Open Space (OS) Existing Multiple-Family Residence (R-3) Zoning Designation Proposed Open Space Land (O) City Council 38 – 2 11/21/2023
Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023
Item Information
North Apartments
East Apartments
South Commercial Surrounding Land Use
West Commercial
Property Size 0.75-acre
Existing Site Development Vacant (future park site)
Use Permissions Section 41-584(a) of the SAMC
Code Sections Affected Sections 27-12, 33-5, and 41-665 of the SAMC Project Background and Planning Commission Action
In 2017, the subject property was deeded to the City for the purpose of developing a public park. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. The park construction is estimated to be completed in winter of 2024.
On October 23, 2023, the Planning Commission received a report and staff presentation, as well as public comments, on the subject actions. As part of the deliberations and actions, the Planning Commission discussed impacts from eliminating parking spaces on the project site and impacts to residents residing in the vicinity.
Following deliberations, the Planning Commission voted unanimously to (1) adopt a resolution approving Public Facilities Naming No. 2023-01, (2) adopt a resolution finding Abandonment No. 2023-03 consistent with the General Plan; (3) recommended that the City Council adopt a resolution approving General Plan Amendment No. 2023-01; and (4) recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-01, with the stipulation that additional public engagement be conducted prior to the City Council hearing. The Public Works Agency scheduled an evening community meeting at Kennedy Elementary School on November 15, 2023 to further inform the community of the park improvements and the proposed elimination of parking from the park site.
Public Facilities Naming (PFN) No. 2023-01
In accordance with Section 33-8 of the Santa Ana Municipal Code (SAMC), staff is recommending that the City Council affirm the Planning Commission’s adoption of a resolution approving Public Facilities Naming No. 2023-01 naming the subject park to “Gerardo Mouet Park.” From June 22 to July 14, 2023, staff from the PRCSA solicited park names through a social media survey campaign. Staff used the naming criteria prescribed per Section 33-6(c) of the SAMC as the benchmark for submittals. The naming criteria includes the following requirements:
City Council 38 – 3 11/21/2023
Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023
1. A name, which serves to identify the location of the subject by reference to distinct geographic, environmental, or development features in the immediate area;
2. A name, which references the history of the subject site or its immediate area;
3. A name, which identifies a person or family, which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility; or
4. A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the City, including past mayors, council members, board or commission members, officers or employees of the City, but not anyone who currently holds any such position.
Staff reviewed over 200 naming suggestions. The list below was developed as a priority for consideration, as the names closely fall under the criteria mentioned above:
1. Gerardo Mouet Park (Former PRCSA Director & Interim City Manager)
2. Salvador Quintana Park
3. Hibiscus Park (Santa Ana’s Flower)
4. Cornerstone Park
After consideration of the list above, the Parks, Recreation & Community Services Commission recommended on July 27, 2023 by a vote of 4-1 to recommend that the Planning Commission adopt a resolution approving “Gerardo Mouet Park” as the name of the subject park and on October 23, 2023, the Planning Commission voted unanimously to adopt a resolution approving Public Facilities Naming No. 2023-01 and naming the subject park Gerardo Mouet Park.
Abandonment (PW) No. 2023-03
In accordance with Section 8333 of the California Streets and Highways Code, staff is recommending that the City Council adopt a resolution approving PW No. 2023-03 vacating a portion of a public service easement adjacent to the subject park site. The portion of the alley to be vacated is located on the south end of the alley between Wakeham Avenue to the north and McFadden Avenue to the south, adjacent to 1117 South Standard Avenue. The 4,848 – square foot portion of the alley was dedicated to the City of Santa Ana as a public easement, which is currently being utilized by vehicle traffic to access residential apartment complexes located to the north.
On October 23, 2023, the City’s Planning Commission adopted a resolution finding the vacation of the portion of alley to be in conformity with the City’s General Plan as required under Section 65042(a) of the California Government Code. As part of the park construction plan, the alley is proposed to be abandoned and redesigned/replaced approximately 20 feet to the east. This replacement dedication will provide equivalent street circulation and function for vehicles traveling between Wakeham Avenue and McFadden Avenue to access the apartment complexes. Further, the Public Works Agency has determined that there are no issues with this portion of the alley being City Council 38 – 4 11/21/2023
Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023
abandoned, presently or in the future. Utilities, other government agencies, and City agencies have been advised of the portion of alley vacation.
City Council 38 – 5 11/21/2023
Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023
General Plan Amendment (GPA) No. 2023-01
In accordance with Section 27-12 of the SAMC, staff is recommending that the City Council adopt a resolution approving GPA No. 2023-01 which is required in order to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS) for consistency purposes. The OS designation applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure.
Existing General Plan Land Use Designation Proposed General Plan Land Use Designation Amendment Application (AA) No. 2023-01
In accordance with Section 41-664 of the SAMC, staff is recommending that the City Council adopt an ordinance approving AA No. 2023-01, which is required in order to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O) for consistency with the General Plan land use designation of OS. The O district designation applies to those areas of the City that provide permanent open space. Therefore, the proposed O zoning designation is the appropriate zoning designation for the park.
Existing Zoning District Designation Proposed Zoning District Designation City Council 38 – 6 11/21/2023
Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023
Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. The park site is located within the boundaries of the Cornerstone Neighborhood Association and borders the neighborhood associations of Madison Park and Pacific Park. To ensure thorough community outreach, public hearing notices were sent to these neighborhood associations. Lastly, the PRCSA and PWA staff conducted numerous community meetings during the design phase of the park, community feedback was incorporated into the design of the park, and on November 15, 2023 an additional community meeting was held at Kennedy Elementary School to further inform the community of the park improvements and elimination of parking.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
EXHIBIT(S)
1. Resolution Approving PW No. 2023-03
2. Resolution Approving GPA No. 2023-01
3. Ordinance Approving AA No. 2023-01
4. Copy of the Planning Commission Resolution Approving PFN No. 2023-01
5. Copy of the Planning Commission October 23, 2023 Staff Report & Exhibits Submitted By:
Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Nabil Saba, Executive Director of Public Works Agency
Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager
City Council 38 – 7 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUMMARILY VACATING A PORTION OF A
PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH
STANDARD AVENUE (ABANDONMENT NO. 2023-03)
WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 et seq. provides for summary vacation of streets and public service easements; and WHEREAS, California Streets and Highways Code section 8333 authorizes the City Council to summarily vacate public service easements when the easement has been superseded by relocation, and no other public facilities are located within the easements; and
WHEREAS, following an earlier finding of conformity with the City’s General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65042(a), the City desires to summarily vacate its interest in the southerly 4,484- square foot section of the alley adjacent to 1117 South Standard Avenue, as shown on Exhibit A (“Vacation Area”); and WHEREAS, the property located at 1117 South Standard Avenue in Santa Ana was deeded to the City for the purpose of developing a park; and WHEREAS, on September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park; and
WHEREAS, the Public Works Agency has conducted an analysis of the subject abandonment and has determined that there are no issues with summarily vacating the Vacation Area presently or in the future, as the Vacation Area will not eliminate public access and will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The recitals set forth above are adopted as findings in support of this Resolution.
Section 2. The public service easement described in Exhibit A is hereby ordered vacated.
Section 3. From and after the date of recordation of this resolution, the public service easement described in Exhibit A will no longer constitute a street easement.
City Council 38 – 8 11/21/2023
Resolution No. 2023-XXX
Section 4. Except for the reservation of the easement described herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code.
Section 5. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15378pf the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment.
Section 6. All entities having any right, title, or interest in the public service easement being vacated have been notified of this action.
Section 7. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, pole, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
Section 8. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.
Section 9. The Vacation Area shall not be deemed vacated until this Resolution is recorded.
Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
[Signatures on the following page]
City Council 38 – 9 11/21/2023
Resolution No. 2023-XXX
ADOPTED this 21st day of November, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 38 – 10 11/21/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023 -_____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
City Clerk
City of Santa Ana
City Council 38 – 11 11/21/2023
LEGAL DESCRIPTION FOR ALLEY VACATION
BEING A PORTION OF THE 20.00 FOOT WIDE ALLEY OF TRACT NO. 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 1 OF LOT MERGER NO. 2020-09, RECORDED AS INSTRUMENT NO.
2022000102008, RECORDS OF SAID COUNTY, THENCE SOUTH 89
°
48'40" EAST 20.00 FEET TO THE WESTERLY LINE OF LOT "A" OF SAID TRACT;
THENCE ALONG SAID WESTERLY LINE SOUTH 00 °
11'20" WEST 209.04
FEET;
THENCE SOUTH 45 °
17'20" EAST 14.03 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF MCFADDEN AVENUE (FORMER MCFADDEN
STREET) AS SHOWN ON SAID TRACT;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89° 14'35" WEST 40.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 17
OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHEASTERLY
CORNER OF SAID PARCEL:
THENCE NORTH 44
°
42'57" EAST 14.26 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 00 °
11'20" EAST 209.37 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 4,484 SQUARE FEET.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PREPARED BY ME OR UNDER MY DIRECTION:
ANDERSON CHRYSOSTOM□ PLS 9216
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DATE
PAGE 1 OF 1
City Council 38 – 12 11/21/2023
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City Council 38 – 13 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING GENERAL PLAN AMENDMENT
NO. 2023-01 TO CHANGE THE GENERAL PLAN LAND
USE DESIGNATIONS FOR THE PROPERTIES
RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-
251-38 AND 011-251-39
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. The City of Santa Ana is requesting approval of General Plan Amendment No. 2023-01 to amend the General Plan land use designation of the properties recognized as Assessor Parcel Numbers (APNs) 011-251-38 and 011-251-39 from Low Density Residential (LR-7) to Open Space (OS) and to update text portions and exhibits of the City’s General Plan to reflect this change in order to adequately update City records and capture the changes needed in relationship with new park at 1117 South Standard Avenue.
B. In 2017, the subject property was deeded to the City for the purpose of developing a public park.
C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park.
D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.
E. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O).
City Council 38 – 14 11/21/2023
Resolution No. 2023-XXX
F. On October 23, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2023-01.
G. On November 21, 2023, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2023-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred.
Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates throughout the General Plan, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that:
A. The City of Santa Ana has officially adopted a General Plan.
B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons:
i. The proposed General Plan land use designation for the project area is OS which applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure.
ii. The general plan amendment will support several goals and policies of the General Plan. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries.
Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City’s park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, City Council 38 – 15 11/21/2023
Resolution No. 2023-XXX
social space, and trail connectivity. The subject park will increase the City’s parkland and will contribute to achieving three acres of parkland per 1,000 residents.
Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment.
Section 5. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines.
Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2023-01. The amendments to the General Plan are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page]
City Council 38 – 16 11/21/2023
Resolution No. 2023-XXX
ADOPTED this 21st day of November, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 38 – 17 11/21/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on __________________.
Date: ____________ ____________________________
City Clerk
City of Santa Ana
City Council 38 – 18 11/21/2023
City Council 38 – 19 11/21/2023
Community Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 20 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the number, type, and distribution of facilities designed for community gathering, recreation, and learning.
Together with Figures CM-2 (Schools and School Districts) and OS-1 (Open Space), the map can identify areas that may be underserved or have limited access to community services and facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents.
Figure CM-1
COMMUNITY FACILITIES
*Revised by GPA 2023-01 (Pending)
CM
06 City Council 38 – 21 11/21/2023
Mobility Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 22 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows areas that currently or should support high levels of pedestrian activity based on proximity to activity centers, mixed-use development, and/or transit stops. The intent is to foster a more walkable and active public realm through improvements such as wider sidewalks, safer street crossings, and enhanced streetscapes.
Figure M-4
PEDESTRIAN OPPORTUNITY ZONES
*Revised by GPA 2023-01 (Pending)
MOBILITY
M
11 City Council 38 – 23 11/21/2023
Public Services Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 24 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the number, type, and distribution of facilities that provide public services for safety, education, health, and recreation. The City seeks to ensure an equitable distribution of access to these facilities to ensure high levels of public service for all Santa Ana residents. Note that the police and fire symbols near Centennial Regional Park represent a joint training facility.
Figure PS-1
PUBLIC FACILITIES
*Revised by GPA 2023-01 (Pending)
PS
06 City Council 38 – 25 11/21/2023
Open Space Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 26 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the number, type, and distribution of open space areas in Santa Ana, with the majority representing parks and trails owned and operated by the City. The City also maintains joint-use agreements with schools to expand public parks and recreation resources.
Golf course and cemetery areas provide a more limited form of recreation or open space. See Table OS-1, Open Space Resources, for a listing of parks and open space resources with numbering that is consistent with the labels on this figure.
Figure OS-1
OPEN SPACE RESOURCES
*Revised by GPA 2023-01 (Pending)
OPEN SPACE
OS
07 City Council 38 – 27 11/21/2023
TABLE OS-1. OPEN SPACE RESOURCES
Park Name Acres Park Name Acres Park Name Acres
COMMUNITY PARKS 168.10
1. Carl Thornton Park 32.70 3. Jerome Park 19.27 5. Santiago Park 34.57
2. Centennial Regional Park 65.26 4. Memorial Park 16.30 -- -- NEIGHBORHOOD PARKS 145.86
6. Adams Park 5.68 14. Edna Park 3.56 22. Portola Park 9.07
7. Angels Community Park 1.60 15. El Salvador Park 8.91 23. Riverview Park 8.33
8. Birch Park 2.37 16. Fisher Park 2.58 24. Rosita Park 8.68
9. Bomo Koral Park 10.40 17. Heritage Park 6.44 25. Sandpointe Park 7.73
10. Cabrillo Park 7.60 18. Lillie King Park 10.40 26. Santa Anita Park 5.05
11. Cabrillo Tennis Center 3.61 19. Mabury Park 5.46 27. Windsor Park 10.81
12. Cesar Chavez Campesino Park 6.48 20. Madison Park 6.04 -- --
13. Delhi Park 9.94 21. Morrison Park 5.12 -- --
SMALL PARKS 11.8494
28. 17th Street Triangle 0.70 34. Garfield Fitness Park 0.10 40. Raitt and Myrtle 1.09
29. Chepa's Park 0.41 35. Maple Occidental Exercise Park 0.96 41. Saddleback View Park 0.92
30. Colonel William W. Eldridge Park 1.20 36. Mariposa Park 0.43 42. Sarah May Downie Herb Garden 0.13
31. Fairview Triangle 0.74 37. McFadden Triangle Park 0.77 43. Segerstrom Triangle Park 1.33
32. French Park 0.21 38. Memory Lane Park 0.56 44. Standard and McFadden Park 0.660.76
33. Friendship Park 0.10 39. Pacific Electric Park 1.41 45. Willard Intermediate Playlot 0.12 SPECIALTY PARKS 24.78
46. Civic Center Plaza 4.89 48. Santa Ana Zoo at Prentice Park 18.75 -- --
47. Plaza Calle Cuatro 0.20 49. Sasscer Park 0.94 -- -- JOINT-USE SCHOOL/REC AREAS 31.78
50. Garfield Community Center 0.39 53. Madison Elementary School 0.03 56. Willard Intermediate School 4.85
51. Godinez Fundamental High School 18.58 54. Monte Vista Elementary School 2.40 -- --
52. James Monroe Elementary School 2.91 55. Roosevelt Community Center Park 2.62 -- -- OTHER OPEN SPACE 282.77
57. River View Golf Course 81.78 59. Fairhaven Memorial Cemetery 66.83 61. St. John’s Lutheran Cemetery 4.23
58. Willowick Golf Course 102.11 60. Santa Ana Cemetery 27.82 -- -- CLASS I BIKEWAY/TRAILS - 19.44 MILES
City Bikeways/Trails - 15.74 miles Santa Ana River Trail - 3.70 miles -- TOTAL PARKS/REC FACILITIES - 382.36 ACRES TOTAL OTHER OPEN SPACE - 282.77 87 ACRES TOTAL TRAILS - 19.44 MILES Notes: The numbering corresponds to the labels on Figure OS-1, Open Space Resources. The list of parks and acreage figures are accurate as of April 2022November 2023.
All figures are subject to rounding.
CITY OF SANTA ANA GENERAL PLAN
OS
08 City Council 38 – 28 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the walking distance from publicly accessible parks. This map can help identify neighborhoods that may be underserved or have limited access to parks and recreation facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents.
Figure OS-2
WALKING DISTANCE TO PARK FACILITIES
*Revised by GPA 2023-01 (Pending)
OPEN SPACE
OS
09 City Council 38 – 29 11/21/2023
Safety Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 30 11/21/2023
SAFETY
The purpose of the Safety Element is to eliminate and minimize risks associated with natural and human-generated hazards such as floods, earthquakes, and hazardous materials. By assessing and preparing for levels of risk, the city can endure the range of safety hazards and adapt to changes over time.
This element worksin tandem with other elements of the General Plan, such as the Public Services Element, which has goals and policies related to police, fire, and health services; emergency planning; and resiliency.
The Local Hazard Mitigation Plan (LHMP) for the City of Santa Ana planning area was developed in accordance with the
Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. The most recent LHMP for the City of Santa Ana can be found at the following link:
https://www.santa-ana.org/hazard-mitigation-plan/.
CITY OF SANTA ANA GENERAL PLAN S
01SAFETY
City Council 38 – 31 11/21/2023
Land Use Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 32 11/21/2023
*Revised by GPA 2023-01 (Pending)
Figure LU-1
LAND USE MAP
ABOUT THE MAP. Figure LU-1 shows the fundamental pattern of land use by displaying the pattern and distribution of land use designations across the entire city, down to the parcel level.
CITY OF SANTA ANA GENERAL PLAN
LU
12 City Council 38 – 33 11/21/2023
*Revised by GPA 2023-01 (Pending)
Figure LU-4
DENSITY AND INTENSITY MAP
ABOUT THE MAP. Figure LU-4 combined with Table LU-3 describe the general plan standards for development intensity and density and show where they apply.
CITY OF SANTA ANA GENERAL PLAN
LU
16 City Council 38 – 34 11/21/2023
Urban Design Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 35 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
Figure UD-2
URBAN DESIGN ELEMENTS
*Revised by GPA 2023-01 (Pending)
ABOUT THE MAP. Figure UD-2 shows the location and types of the key urban design components that organize the visual form of the city, including activity nodes / urban hubs, focus intersections, major landmarks, and gateways. These components are presented relative to major travelways, including streets, the future alignment of the OC streetcar/stations, passenger rail, and current/potential bus rapid transit lines.
UD
06 City Council 38 – 36 11/21/2023
Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2023-01 REZONING THE
PROPERTIES LOCATED 1113, 1117, 1121, AND 1125
SOUTH STANDARD AVENUE AND RECOGNIZED AS
ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18,
011-251-19, 011-251-20, 011-251-38 AND 011-251-39
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The City of Santa Ana (“City”) is requesting approval of Amendment Application (AA) No. 2023-01 to amend the zoning district designation of the properties located at 1113, 1117, 1121, and 1125 South Standard Avenue and recognized as Assessor Parcel Numbers (APNs) 011-251-17, 011-251- 18, 011-251-19, 011-251-20, 011-251-38 and 011-251-39 (collectively known as 1117 South Standard Avenue) from Multiple-Family Residence (R-3) to Open Space Land (O) for consistency with the General Plan land use designation of Open Space (OS).
B. In 2017, the subject property was deeded to the City for the purpose of developing a public park.
C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park.
D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.
E. The City, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS).
City Council 38 – 37 11/21/2023
Ordinance No. NS-XXXX
F. On October 23, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving AA No. 2023-01 which is consistent with the General Plan land use designation of the subject properties.
G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the goals and policies of the general plan.
H. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 21, 2023.
I. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 21, 2023, accompanying this matter.
J. For these reasons, and each of them, AA No. 2023-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare.
Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance.
There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
City Council 38 – 38 11/21/2023
Ordinance No. NS-XXXX
Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein.
Section 5. AA No. 2023-01 shall not enter into full force and effect until the current change in the site’s Land Use Designation as requested by GPA No. 2023-01 is approved and in full force and effect.
Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves AA No. 2023-01. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 21st day of November, 2023.
___________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 38 – 39 11/21/2023
Ordinance No. NS-XXXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify 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: ____________ ____________________________
City Clerk
City of Santa Ana
City Council 38 – 40 11/21/2023
A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO- FAMILY RESIDENCE - B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE- FAMILY RESIDENCE - OZ OVERLAY ZONE C1- MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT - HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN
CR COMMERCIAL RESIDENTIAL R1 SINGLE- FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE
PLANNED RESIDENTIAL
DEVELOPMENT - PRD
City of Santa Ana, California
ZONING DISTRICTS
HALLADAY ST
MAPLE ST
CEDAR ST
BISHOP ST
HOBART ST
CYPRESS AV
WILSHIRE
AV
ORANGE AV
UP RR
RUSSELL AV
UP
RR
HIGHLAND ST
RICHLAND ST
BISHOP ST
CEDAR ST
PINE ST
WALNUT ST
EVERGREEN ST
HALLADAY ST
OAK ST
MINNIE ST
WALNUT ST
MAPLE ST
PINE ST
OAK ST
MYRTLE ST
CAMILE ST
BUSH
ST
UP RR
OLD MCFADDEN AV
WAKEHAM AV
GRANT ST
MYRTLE ST
WILSHIRE AV
MINNIE ST
LACY ST
GARFIELD
ST
CYPRESS AV
OAK ST
RUSSELL AV
WARREN
ST
MINNIE ST
OAK ST
SANTA FE ST
HICKORY
ST
OAK ST
ORANGE AV
MAPLE ST
RUSSELL
AV
WAKEHAM AV
BEVERLY PL
OXFORD ST
WILSHIRE
AV
GRIFFITH
PL
BISHOP ST
HATHAWAY
ST
WALNUT ST
WILSHIRE AV
GRIFFITH PL
MYRTLE ST
SYCAMORE ST
CYPRESS AV
ORANGE AV
OXFORD ST
GRANT ST
NORMANDY PL
HARWOOD PL
WISTERIA PL
SYCAMORE ST
PINE ST
OXFORD ST
CAMILE ST
HATHAWAY ST
HICKORY ST
KILSON DR
SYCAMORE ST
HATHAWAY ST
GRANT ST
WAKEHAM AV
WISTERIA PL
NORMANDY PL
HARWOOD PL
HUNTER AV
NORMANDY PL
WAKEHAM AV
KILSON DR
CEDAR ST
UP RR
HALLADAY ST
H CI KORY ST
UP RR
UP RR
OCTA METROLINK RR
CUBBON ST
HICKORY ST
CAMILE ST
PINE ST
WALNUT ST
HUNTER AV
MCCLAY ST
OCTA METROLINK RR
E 1ST ST
E CHESTNUT AV
S STANDARD AV
W MCFADDEN AV
W CHESTNUT AV
E MCFADDEN AV
S GRAND AV
W 1ST ST
N MAIN ST
N GRAND AV
S MAIN ST
C2/OZ1
C2/OZ1
SD84/M1 SD84/M2
SD84/M2
SD84/M2
SD89/OZ1
R2/OZ1
SD84/M2
SD84/M2
SD84/M2 C2/OZ1
R2-B
R1-PRD
R2-B
C2-HDII
R3-B
C2-HDII
R2-B
R2-B
R3-B
C2-HDII C2-HDII
R2-B
C2-HDII
R3-B
C2-HDII
R2-B
C2-HDII
R2-B
R2-B
C2-HDII
R2-B
R2-B
R3-B
C1
C2 C2 C2
C2
C4
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
M1
M1
M1
M1 M1
M1
M1
M1
M1
M1
M1
M1
M1
M1
M1 M1
M1
M1
M1
M1
M1
M1
M1
M1 M1
M1 M1 M1 M1 M1
M2
M2
M2
M2
M2
M2
M2
O
O
O
O
O
O
O
O
O
O
O
O
O
O
R1
R1
R1 R1
R1
R1 R1
R1 R1
R1
R1
R1
R1
R1
R1
R1 R1
R1 R1
R1 R1 R1
R1
R1 R1 R1 R1
R1 R1
R1
R1 R1 R1
R1 R1
R1 R1
R1 R1
R1
R1 R1
R1 R1
R1 R1
R1
R1
R1
R1
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R1 R1 R1 R1
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R1 R1 R1 R1 R1 R1
R2
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R2 R2 R2 R2
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R3 R3
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R1 R3
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SD84 SD84 SD84 SD84 SD84
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19-5-9 20-5-9 17-5-9
7-5-9 8-5-917-5-97-5-9 12-5-10 13-5-10
19-5-9 24-5-10 13-5-10
Exhibit: A
Print Date: 03/05/20
Sectional District Map: 18-5-9 I
City Council 38 – 41 11/21/2023
Resolution No. 2023-28
RESOLUTION NO. 2023-28
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA FINDING ABANDONMENT NO.
2023-03 CONSISTENT WITH THE GENERAL PLAN OF THE
CITY OF SANTA ANA
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. The City of Santa Ana (City) is requesting a finding of consistency with the General Plan for Abandonment (PW) No. 2023-03 in relationship with a new public park located at 1117 South Standard Avenue.
B. In 2017, the subject property was deeded to the City for the purpose of developing a public park.
C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park.
D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.
E. Section 8300 et seq. of the California Streets and Highways Code authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public’s right to use such street.
F. Pursuant to Section 65402(a) of the California Government Code, street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan.
G. The City desires to vacate the portions of the southerly end of an alley located between Wakeham Avenue to the north and McFadden Avenue to the south, as shown on exhibits A and B(“Vacation Area”), attached hereto and incorporated herein by reference.
H. The Public Works Agency has conduct an analysis of the subject abandonment and has determined that there are no issues with vacating City Council 38 – 42 11/21/2023
Resolution No. 2023-28
the Vacation Area presently or in the future, as the Vacation Area will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function.
I. The City Council of the City of Santa Ana adopted the 2022-2045 General Plan (General Plan) on April 19, 2022.
J. By separate City Council action and following a finding of conformity with the City’s General Plan by the Planning Commission, the City desires to vacate the Vacation Area.
K. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park;” (2) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O).
L. On October 23, 2023, the Planning Commission held a hearing on Abandonment (PW) No. 2023-03.
M. The Planning Commission of the City of Santa Ana determines that PW No. 2023-03 is consistent with goals and polices of the General Plan of the City.
Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. PW No. 2023-03 will redesign a portion of an alley in order to provide additional and continues open space within an environmental justice neighborhood. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City’s park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City’s parkland and will contribute to achieving three acres of parkland per 1,000 residents. PW No. 2023-03 will contribute to the general well-being of the neighborhood and will not adversely affect the General Plan of the City.
City Council 38 – 43 11/21/2023
Resolution No. 2023-28
Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance.
There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana hereby finds PW No. 2023-03 consistent with the General Plan. This decision is based upon the evidence submitted at the above-referenced meeting, which includes, but is not limited to:
the Request for Planning Commission Action dated October 23, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
[This space intentionally left blank]
[Signatures on the following page]
City Council 38 – 44 11/21/2023
Resolution No. 2023-28
ADOPTED this 23rd day of October 2023, by the following vote:
AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan
Woo (7)
NOES: Commissioners: (0)
ABSENT: Commissioners: (0)
ABSTENTIONS: Commissioners: (0)
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
City Council 38 – 45 11/21/2023
Resolution No. 2023-28
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2023.
Date:
Recording Secretary
City of Santa Ana
10/23/2023
City Council 38 – 46 11/21/2023
EXHIBIT 'A'
LEGAL DESCRIPTION FOR ALLEY VACATION
BEING A PORTlON OF THE 20.00 FOOT WIDE ALLEY OF TRACT NO. 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALlFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 1 OF LOT MERGER NO. 2020-09, RECORDED AS INSTRUMENT NO.
2022000102008, RECORDS OF SAID COUNTY, THENCE SOUTH 89° 48'40" EAST 20.00 FEET TO THE WESTERLY LINE OF LOT "A" OF SAID TRACT:
THENCE ALONG SAID WESTERLY LINE SOUTH 00°11'20" WEST 209,04 FEET:
THENCE SOUTH 45°17'20" EAST 14.03 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF MCFADDEN AVENUE (FORMER MCFADDEN
STREET) AS SHOWN ON SAID TRACT:
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89° 14'35" WEST 40.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 17
OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHEASTERLY
CORNER OF SAID PARCEL:
THENCE NORTH 44°42'57" EAST 14.26 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 00° 11'20" EAST 209.37 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 4,484 SQUARE FEET.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PREPARED BY ME OR UNDER MY DIRECTION:
ANDERSON CHRYSOSTOM□ PLS 9216
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DATE
PAGE 1 OF 1
City Council 38 – 47 11/21/2023
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PAGE 1 OF 1
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City Council 38 – 48 11/21/2023
Parks, Recreation, and Community Services Agency
Planning and Building Agency
Public Works Agency
Item # XX
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
October 23, 2023
Topic: Public Facilities Naming No. 2023-01, Abandonment No. 2023-03, General Plan Amendment No. 2023-01, and Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue
RECOMMENDED ACTION
1. Adopt a resolution approving Public Facilities Naming No. 2023-01;
2. Adopt a resolution finding Abandonment No. 2023-03 consistent with the General Plan;
3. Recommend that the City Council adopt a resolution approving General Plan Amendment No. 2023-01; and
4. Recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-01.
EXECUTIVE SUMMARY
The Parks, Recreation and Community Services Agency (PRCSA), Planning and Building Agency (PBA), and Public Works Agency (PWA) are requesting approval of: (1) Public Naming Facilities (PFN) No. 2023-01 to name the public park located at the northeast corner of Standard Avenue and McFadden Avenue (collectively known as 1117 S.
Standard Avenue) to “Gerardo Mouet Park;” (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; (3) General Plan Amendment (GPA) No. 2023- 01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (4) Amendment Application (AA) No. 2023- 01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O). The Planning Commission is responsible for the naming of public facilities and finding alley abandonment requests consistent with the General Plan. In addition, the Planning Commission is an advisory body to the City Council regarding general plan amendments and amendment applications (zone changes). Staff is recommending approval of the requested actions as they are required to facilitate construction of a new public park that was approved by the City Council.
City Council 38 – 49 11/21/2023
PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue)
October 23, 2023
Table 1: Project and Location Information
Item Information
Project Address & Council Ward 1117 S. Standard Avenue – Ward 6 Nearest Intersection Standard Avenue and McFadden Avenue Existing Low Density Residential (LR-7) General Plan Designation Proposed Open Space (OS) Existing Multiple-Family Residence (R-3) Zoning Designation Proposed Open Space Land (O) North Apartments
East Apartments
South Commercial Surrounding Land Use
West Commercial
Property Size 0.75-acre
Existing Site Development Vacant (future park site)
Use Permissions Section 41-584(a) of the SAMC
Code Sections Affected Sections 27-12, 33-5, and 41-665 of the SAMC Project Background
In 2017, the subject property was deeded to the City for the purpose of developing a public park. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. The park construction is estimated to be completed in winter of 2024.
The park will include amenities catered to serve the surrounding community. The scope of work for the park includes the removal of the existing asphalt alley, synthetic soccer field, chain link fence, planter boxes, landscaping, and the construction of a new concrete alley, skate park, multi-purpose basketball court, playground and fitness equipment, site furnishings, lighting, wrought iron fencing and concrete masonry walls, decorative signage, landscaping, irrigation, and a security system.
Public Facilities Naming (PFN) No. 2023-01
In accordance with Section 33-5 of the Santa Ana Municipal Code (SAMC), staff is recommending that the Planning Commission adopt a resolution approving PFN No. 2023-01 to name the subject park to “Gerardo Mouet Park.” The PRCSA solicited park names through a social media survey campaign, during the period of June 22, 2023 through July 14, 2023. Staff used the naming criteria, listed per Section 33-6(c) of the SAMC, as the benchmark for submittals, which includes the following requirements:
City Council 38 – 50 11/21/2023
PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue)
October 23, 2023
1. A name, which serves to identify the location of the subject by reference to distinct geographic, environmental or development features in the immediate area;
2. A name, which references the history of the subject site or its immediate area;
3. A name, which identifies a person or family, which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility; or
4. A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the City, including past mayors, council members, board or commission members, officers or employees of the City, but not anyone who currently holds any such position.
Staff reviewed over 200 naming suggestions. The list below was developed as a priority for consideration, as the names closely fall under the criterion mentioned above:
1. Gerardo Mouet Park (Former PRCSA Director & Interim City Manager)
2. Salvador Quintana Park
3. Hibiscus Park (Santa Ana’s Flower)
4. Cornerstone Park
After consideration of the list above, the Parks, Recreation & Community Services Commission recommended on July 27, 2023 by a vote of 4-1 to recommend that the Planning Commission adopt a resolution approving “Gerardo Mouet Park” as the name of the subject park.
Abandonment (PW) No. 2023-03
In accordance with California Government Code Section 65402(a), staff is recommending that the Planning Commission adopt a resolution finding Abandonment (PW) No. 2023- 03 consistent with the General Plan. California Government Code Section 65402 (Restrictions on Acquisition and Disposal of Real Property) requires that the Planning Commission review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the Planning Commission to review the proposed use for conformity with the General Plan. As part of the park construction, a portion of the southerly end of the alley between Wakeham Avenue to the north and McFadden Avenue to the south will be abandoned and redesigned/replaced approximately 20 feet to the east. The replacement dedication will provide equivalent street circulation and function.
PW No. 2023-03 is consistent with the goals and polices of the General Plan of the City.
Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. PW No. 2023-03 will redesign a portion of an alley in order to provide additional and continues open space within an City Council 38 – 51 11/21/2023
PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue)
October 23, 2023
environmental justice neighborhood. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City’s park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City’s parkland and will contribute to achieving three acres of parkland per 1,000 residents. PW No. 2023-03 will contribute to the general well-being of the neighborhood and will not adversely affect the General Plan of the City.
General Plan Amendment (GPA) No. 2023-01
In accordance with Section 27-12 of the SAMC, staff is recommending that the Planning Commission recommend that the City Council adopt a resolution approving GPA No. 2023-01 which is required in order to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS) for consistency purposes. The OS designation applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure.
Existing General Plan Land Use Designation Proposed General Plan Land Use Designation Amendment Application (AA) No. 2023-01
In accordance with Section 41-664 of the SAMC, staff is recommending that the Planning Commission recommend that the City Council adopt an ordinance approving AA No. 2023-01, which is required in order to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O) for consistency with the General Plan land use designation of OS. The O district designation applies to those City Council 38 – 52 11/21/2023
PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue)
October 23, 2023
areas of the City that provide permanent open space. Therefore, the proposed O zoning designation is the appropriate zoning designation for the park.
Existing Zoning District Designation Proposed Zoning District Designation Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided attached hereto as Exhibit 8. The park site is located within the boundaries of the Cornerstone Neighborhood Association and boarders the neighborhood associations of Madison Park and Pacific Park. To ensure thorough community outreach, notices were sent to these neighborhood associations and their representatives were contacted to identify any areas of concerns. At the time this report was printed, no issues of concern were raised regarding the requested actions. Lastly, the PRCSA and PWA staff conducted numerous community meetings during the design phase of the park and community feedback was incorporated into the design of the park.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation City Council 38 – 53 11/21/2023
PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue)
October 23, 2023
measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with these actions.
EXHIBIT(S)
1. Resolution Approving PFN No. 2023-01
2. Resolution Finding PW No. 2023-03 Consistent with the General Plan
3. Resolution Approving GPA No. 2023-01
4. Ordinance Approving AA No. 2023-01
5. Vicinity Zoning & Aerial View
6. Site Photo
7. Site Plan
8. Copy of Public Notices
Submitted By:
Jerry C. Guevara, Senior Planner
Approved By:
Minh Thai, Executive Director of Planning and Building Agency City Council 38 – 54 11/21/2023
City Council 38 – 55 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING PUBLIC
FACILITIES NAMING NO. 2023-01 NAMING THE NEW
PUBLIC PARK LOCATED AT 1117 SOUTH STANDARD
AVENUE TO “GERARDO MOUET PARK”
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. The City of Santa Ana is requesting approval of City-initiated Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park.”
B. In 2017, the subject property was deeded to the City for the purpose of developing a public park.
C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park.
D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.
E. Pursuant to sections 33-5 through 33-8 of the Santa Ana Municipal Code (SAMC), the Planning Commission is the decision-making body for the naming of parks or recreational facilities owned or controlled by the City, subject to confirmation by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of such facilities specify the criteria that shall be used in such determination.
F. On July 27, 2023, the Parks, Recreation and Community Services Commission held a hearing on PFN No. 2023-01 and, after receiving public testimony on the item, voted 4-1 to recommend that the Planning Commission adopt a resolution approving “Gerardo Mouet Park” as the name of the new park at 1117 South Standard Avenue.
City Council 38 – 56 11/21/2023
Resolution No. 2023-XXX
* The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; (2) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O).
+ On October , 2023, the Planning Commission held a hearing on PFN No. 2023-01.
, Based on the established guidelines, the park name of Gerardo Mouet Park has been selected as the name of the new park at located at 1117 South Standard Avenue. Gerardo Mouet Park name satisfies the criteria of Section 6(c)(4) of the SAMC, which directs the promotion of names which recognizes a person or family who made a distinct, significant contribution to the well-being of the city, including past mayors, council members, board or commission members, officers or employees of the city, but not anyone who currently holds any such position.
Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance.
There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana hereby approves Public Facility Naming No. 2023-01 to name the park located at 1117 South Standard Avenue to “Gerardo Mouet Park.” This decision is based upon the evidence submitted at the above-referenced meeting, which includes, but is not limited to: the Request for City Council 38 – 57 11/21/2023
Resolution No. 2023-XXX
Planning Commission Action dated October , 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED thisUG day of October 2023, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
City Council 38 – 58 11/21/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October , 2023.
Date: ________________ ____________________________________ Recording Secretary
City of Santa Ana
City Council 38 – 59 11/21/2023
City Council 38 – 60 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA FINDING ABANDONMENT NO.
2023-03 CONSISTENT WITH THE GENERAL PLAN OF THE
CITY OF SANTA ANA
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:
$ The City of Santa Ana (City) is requesting a finding of consistency with the General Plan for Abandonment (PW) No. 2023-03 in relationship with a new public park located at 1117 South Standard Avenue.
% In 2017, the subject property was deeded to the City for the purpose of developing a public park.
& In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. ' On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.
( Section 8300 et seq. of the California Streets and Highways Code authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public’s right to use such street.
) Pursuant to Section 65402(a) of the California Government Code, street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan.
* The City desires to vacate the portions of the southerly end of an alley located between Wakeham Avenue to the north and McFadden Avenue to the south, as shown on HxhibitV A DQG%(“Vacation Area”), attached hereto and incorporated herein by reference.
+ The Public Works Agency has conduct an analysis of the subject abandonment and has determined that there are no issues with vacating City Council 38 – 61 11/21/2023
Resolution No. 2023-XXX
the Vacation Area presently or in the future, as the Vacation Area will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function.
, The City Council of the City of Santa Ana adopted the 2022-2045 General Plan (General Plan) on April 19, 2022.
- By separate City Council action and following a finding of conformity with the City’s General Plan by the Planning Commission, the City desires to vacate the Vacation Area.
. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park;” (2) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O).
/ On October , 2023, the Planning Commission held a hearing on Abandonment (PW) No. 2023-03.
0 The Planning Commission of the City of Santa Ana determines that PW No. 2023-03 is consistent with goals and polices of the General Plan of the City.
Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. PW No. 2023-03 will redesign a portion of an alley in order to provide additional and continues open space within an environmental justice neighborhood. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City’s park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City’s parkland and will contribute to achieving three acres of parkland per 1,000 residents. PW No. 2023-03 will contribute to the general well-being of the neighborhood and will not adversely affect the General Plan of the City.
City Council 38 – 62 11/21/2023
Resolution No. 2023-XXX
Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance.
There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana hereby finds PW No. 2023-03 consistent with the General Plan. This decision is based upon the evidence submitted at the above-referenced meeting, which includes, but is not limited to:
the Request for Planning Commission Action dated October , 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
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[Signatures on the following page]
City Council 38 – 63 11/21/2023
Resolution No. 2023-XXX
ADOPTED this UG day of October 2023, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
City Council 38 – 64 11/21/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October , 2023.
Date: ________________ ____________________________________ Recording Secretary
City of Santa Ana
City Council 38 – 65 11/21/2023
City Council 38 – 66 11/21/2023
City Council 38 – 67 11/21/2023
City Council 38 – 68 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING GENERAL PLAN AMENDMENT
NO. 2023-01 TO CHANGE THE GENERAL PLAN LAND
USE DESIGNATIONS FOR THE PROPERTIES
RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-
251-38 AND 011-251-39
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. The City of Santa Ana is requesting approval of General Plan Amendment No. 2023-01 to amend the General Plan land use designation of the properties recognized as Assessor Parcel Numbers (APNs) 011-251-39 and 011-251-38 from Low Density Residential (LR-7) to Open Space (OS) and to update text portions and exhibits of the City’s General Plan to reflect this change in order to adequately update City records and capture the changes need in relationship with new park at 1117 South Standard Avenue.
B. In 2017, the subject property was deeded to the City for the purpose of developing a public park.
C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park.
D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.
E. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple-Family Residence (R-3) to Open Space Land (O).
City Council 38 – 69 11/21/2023
Resolution No. 2023-XXX
F. On October 23, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2023-01.
G. On November 21, 2023, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2023-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred.
Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates throughout the General Plan, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that:
A. The City of Santa Ana has officially adopted a General Plan.
B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons:
i. The proposed General Plan land use designation for the project area is OS which applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure.
ii. The general plan amendment will support several goals and policies of the General Plan. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries.
Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City’s park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape City Council 38 – 70 11/21/2023
Resolution No. 2023-XXX
areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City’s parkland and will contribute to achieving three acres of parkland per 1,000 residents.
Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment.
Section 5. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines.
Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2023-01. The amendments to the General Plan are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
City Council 38 – 71 11/21/2023
Resolution No. 2023-XXX
ADOPTED this ____ day of___________, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 38 – 72 11/21/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on __________________.
Date: ____________ ____________________________
City Clerk
City of Santa Ana
City Council 38 – 73 11/21/2023
Community Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 74 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the number, type, and distribution of facilities designed for community gathering, recreation, and learning.
Together with Figures CM-2 (Schools and School Districts) and OS-1 (Open Space), the map can identify areas that may be underserved or have limited access to community services and facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents.
&/'UZE Mͳϭ
OMMUE/Tz &A/>/T/ES
*Revised by GPA 2023-01 (Pending)
M
06 City Council 38 – 75 11/21/2023
Mobility Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 76 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows areas that currently or should support high levels of pedestrian activity based on proximity to activity centers, mixed-use development, and/or transit stops. The intent is to foster a more walkable and active public realm through improvements such as wider sidewalks, safer street crossings, and enhanced streetscapes. &/'UZE Mͳϰ
PEESTZ/AE OPPOZTUE/Tz OEES
*Revised by GPA 2023-01 (Pending)
MOBILITY
M
11 City Council 38 – 77 11/21/2023
Public Services Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 78 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the number, type, and distribution of facilities that provide public services for safety, education, health, and recreation. The City seeks to ensure an equitable distribution of access to these facilities to ensure high levels of public service for all Santa Ana residents. Note that the police and fire symbols near Centennial Regional Park represent a joint training facility. &/'UZE PSͳϭ
PUBLIC FACILITIES
*Revised by GPA 2023-01 (Pending)
PS
06 City Council 38 – 79 11/21/2023
Open Space Element
Santa Ana 'eneral Plan
&/EA>, APZ/> ϮϬϮϮ
GPA 2023-01 (Pending)
City Council 38 – 80 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the number, type, and distribution of open space areas in Santa Ana, with the majority representing parks and trails owned and operated by the City. The City also maintains joint-use agreements with schools to expand public parks and recreation resources.
Golf course and cemetery areas provide a more limited form of recreation or open space. See Table OS-1, Open Space Resources, for a listing of parks and open space resources with numbering that is consistent with the labels on this figure. &/'UZE OSͳϭ
OPEE SPAE ZESOUZES
*Revised by GPA 2023-01 (Pending)
OPEN SPACE
OS
Ϭϳ City Council 38 – 81 11/21/2023
TABLE OS-1. OPEN SPACE RESOURCES
Park Name Acres Park Name Acres Park Name Acres
COMMUNITY PARKS 168.10
1. Carl Thornton Park 32.70 3. Jerome Park 19.27 5. Santiago Park 34.57
2. Centennial Regional Park 65.26 4. Memorial Park 16.30 -- -- NEIGHBORHOOD PARKS 145.86
6. Adams Park 5.68 14. Edna Park 3.56 22. Portola Park 9.07
7. Angels Community Park 1.60 15. El Salvador Park 8.91 23. Riverview Park 8.33
8. Birch Park 2.37 16. Fisher Park 2.58 24. Rosita Park 8.68
9. Bomo Koral Park 10.40 17. Heritage Park 6.44 25. Sandpointe Park 7.73
10. Cabrillo Park 7.60 18. Lillie King Park 10.40 26. Santa Anita Park 5.05
11. Cabrillo Tennis Center 3.61 19. Mabury Park 5.46 27. Windsor Park 10.81
12. Cesar Chavez Campesino Park 6.48 20. Madison Park 6.04 -- --
13. Delhi Park 9.94 21. Morrison Park 5.12 -- --
SMALL PARKS 11.8494
28. 17th Street Triangle 0.70 34. Garfield Fitness Park 0.10 40. Raitt and Myrtle 1.09
29. Chepa's Park 0.41 35. Maple Occidental Exercise Park 0.96 41. Saddleback View Park 0.92
30. Colonel William W. Eldridge Park 1.20 36. Mariposa Park 0.43 42. Sarah May Downie Herb Garden 0.13
31. Fairview Triangle 0.74 37. McFadden Triangle Park 0.77 43. Segerstrom Triangle Park 1.33
32. French Park 0.21 38. Memory Lane Park 0.56 44. Standard and McFadden Park 0.660.76
33. Friendship Park 0.10 39. Pacific Electric Park 1.41 45. Willard Intermediate Playlot 0.12 SPECIALTY PARKS 24.78
46. Civic Center Plaza 4.89 48. Santa Ana Zoo at Prentice Park 18.75 -- --
47. Plaza Calle Cuatro 0.20 49. Sasscer Park 0.94 -- -- JOINT-USE SCHOOL/REC AREAS 31.78
50. Garfield Community Center 0.39 53. Madison Elementary School 0.03 56. Willard Intermediate School 4.85
51. Godinez Fundamental High School 18.58 54. Monte Vista Elementary School 2.40 -- --
52. James Monroe Elementary School 2.91 55. Roosevelt Community Center Park 2.62 -- -- OTHER OPEN SPACE 282.77
57. River View Golf Course 81.78 59. Fairhaven Memorial Cemetery 66.83 61. St. John’s Lutheran Cemetery 4.23
58. Willowick Golf Course 102.11 60. Santa Ana Cemetery 27.82 -- -- CLASS I BIKEWAY/TRAILS - 19.44 MILES
City Bikeways/Trails - 15.74 miles Santa Ana River Trail - 3.70 miles -- TOTAL PARKS/REC FACILITIES - 382.36 ACRES TOTAL OTHER OPEN SPACE - 282.77 87 ACRES TOTAL TRAILS - 19.44 MILES Notes: The numbering corresponds to the labels on Figure OS-1, Open Space Resources. The list of parks and acreage figures are accurate as of April 2022November 2023.
All figures are subject to rounding.
CITY OF SANTA ANA GENERAL PLAN
OS
08 City Council 38 – 82 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
ABOUT THE MAP. This map shows the walking distance from publicly accessible parks. This map can help identify neighborhoods that may be underserved or have limited access to parks and recreation facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents.
&/'UZE OSͳϮ
tA></E' /STAEE TO PAZ< &A/>/T/ES
*Revised by GPA 2023-01 (Pending)
OPEN SPACE
OS
Ϭϵ City Council 38 – 83 11/21/2023
Safety Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 84 11/21/2023
SAFETY
The purpose of the Safety Element is to eliminate and minimize risks associated with natural and human-generated hazards such as floods, earthquakes, and hazardous materials. By assessing and preparing for levels of risk, the city can endure the range of safety hazards and adapt to changes over time.
This element worksin tandem with other elements of the General Plan, such as the Public Services Element, which has goals and policies related to police, fire, and health services; emergency planning; and resiliency.
The Local Hazard Mitigation Plan (LHMP) for the City of Santa Ana planning area was developed in accordance with the
Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. The most recent LHMP for the City of Santa Ana can be found at the following link:
https://www.santa-ana.org/hazard-mitigation-plan/.
CITY OF SANTA ANA GENERAL PLAN S
01SAFETY
City Council 38 – 85 11/21/2023
Land Use Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 86 11/21/2023
*Revised by GPA 2023-01 (Pending)
FIGURE LU-1
LAND USE MAP
ABOUT THE MAP. Figure LU-1 shows the fundamental pattern of land use by displaying the pattern and distribution of land use designations across the entire city, down to the parcel level.
CITY OF SANTA ANA GENERAL PLAN
LU
12 City Council 38 – 87 11/21/2023
*Revised by GPA 2023-01 (Pending)
FIGURE LU-4
DENSITY AND INTENSITY MAP
ABOUT THE MAP. Figure LU-4 combined with Table LU-3 describe the general plan standards for development intensity and density and show where they apply.
CITY OF SANTA ANA GENERAL PLAN
LU
16 City Council 38 – 88 11/21/2023
Urban Design Element
Santa Ana General Plan
FINAL, APRIL 2022
GPA 2023-01 (Pending)
City Council 38 – 89 11/21/2023
CITY OF SANTA ANA GENERAL PLAN
FIGURE UD-2
URBAN DESIGN ELEMENTS
*Revised by GPA 2023-01 (Pending)
ABOUT THE MAP. Figure UD-2 shows the location and types of the key urban design components that organize the visual form of the city, including activity nodes / urban hubs, focus intersections, major landmarks, and gateways. These components are presented relative to major travelways, including streets, the future alignment of the OC streetcar/stations, passenger rail, and current/potential bus rapid transit lines.
UD
06 City Council 38 – 90 11/21/2023
City Council 38 – 91 11/21/2023
Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2023-01 REZONING THE
PROPERTIES LOCATED 1113, 1117, 1121, AND 1125
SOUTH STANDARD AVENUE AND RECOGNIZED AS
ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18,
011-251-19, 011-251-20, 011-251-38 AND 011-251-39
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The City of Santa Ana (City”) is requesting approval of Amendment Application (AA) No. 2023-01 to amend the zoning district designation of the properties located at 1113, 1117, 1121, and 1125 South Standard Avenue and recognized as Assessor Parcel Numbers (APNs) 011-251-17, 011-251- 18, 011-251-19, 011-251-20, 011-251-38 and 011-251-39 (collectively known as 1117 South Standard Avenue) from Multiple-Family Residence (R-3) to Open Space Land (O) for consistency with the General Plan land use designation of Open Space (OS).
B. In 2017, the subject property was deeded to the City for the purpose of developing a public park.
C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park.
D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park.
E. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to “Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS).
City Council 38 – 92 11/21/2023
Ordinance No. NS-XXXX
F. On October 23, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving AA No. 2023-01 which is consistent with the General Plan land use designation of the subject properties.
G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the goals and policies of the general plan.
H. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 21, 2023.
I. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 21, 2023, accompanying this matter.
J. For these reasons, and each of them, AA No. 2023-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare.
Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance.
There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 – Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project.
City Council 38 – 93 11/21/2023
Ordinance No. NS-XXXX
Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein.
Section 5. AA No. 2023-01 shall not enter into full force and effect until the current change in the site’s Land Use Designation as requested by GPA No. 2023-01 is approved and in full force and effect.
Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves AA No. 2023-01. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to:
the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this _____ day of___________, 2023.
___________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 38 – 94 11/21/2023
Ordinance No. NS-XXXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify 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: ____________ ____________________________
City Clerk
City of Santa Ana
City Council 38 – 95 11/21/2023
A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO- FAMILY RESIDENCE - B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE- FAMILY RESIDENCE - OZ OVERLAY ZONE C1- MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT - HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN
CR COMMERCIAL RESIDENTIAL R1 SINGLE- FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE
PLANNED RESIDENTIAL
DEVELOPMENT - PRD
City of Santa Ana, California
ZONING DISTRICTS
HALLADAY ST
MAPLE ST
CEDAR ST
BISHOP ST
HOBART ST
CYPRESS AV
WILSHIRE
AV
ORANGE AV
UP RR
RUSSELL AV
UP
RR
HIGHLAND ST
RICHLAND ST
BISHOP ST
CEDAR ST
PINE ST
WALNUT ST
EVERGREEN ST
HALLADAY ST
OAK ST
MINNIE ST
WALNUT ST
MAPLE ST
PINE ST
OAK ST
MYRTLE ST
CAMILE ST
BUSH
ST
UP RR
OLD MCFADDEN AV
WAKEHAM AV
GRANT ST
MYRTLE ST
WILSHIRE AV
MINNIE ST
LACY ST
GARFIELD
ST
CYPRESS AV
OAK ST
RUSSELL AV
WARREN
ST
MINNIE ST
OAK ST
SANTA FE ST
HICKORY
ST
OAK ST
ORANGE AV
MAPLE ST
RUSSELL
AV
WAKEHAM AV
BEVERLY PL
OXFORD ST
WILSHIRE
AV
GRIFFITH
PL
BISHOP ST
HATHAWAY
ST
WALNUT ST
WILSHIRE AV
GRIFFITH PL
MYRTLE ST
SYCAMORE ST
CYPRESS AV
ORANGE AV
OXFORD ST
GRANT ST
NORMANDY PL
HARWOOD PL
WISTERIA PL
SYCAMORE ST
PINE ST
OXFORD ST
CAMILE ST
HATHAWAY ST
HICKORY ST
KILSON DR
SYCAMORE ST
HATHAWAY ST
GRANT ST
WAKEHAM AV
WISTERIA PL
NORMANDY PL
HARWOOD PL
HUNTER AV
NORMANDY PL
WAKEHAM AV
KILSON DR
CEDAR ST
UP RR
HALLADAY ST
H CI KORY ST
UP RR
UP RR
OCTA METROLINK RR
CUBBON ST
HICKORY ST
CAMILE ST
PINE ST
WALNUT ST
HUNTER AV
MCCLAY ST
OCTA METROLINK RR
E 1ST ST
E CHESTNUT AV
S STANDARD AV
W MCFADDEN AV
W CHESTNUT AV
E MCFADDEN AV
S GRAND AV
W 1ST ST
N MAIN ST
N GRAND AV
S MAIN ST
C2/OZ1
C2/OZ1
SD84/M1 SD84/M2
SD84/M2
SD84/M2
SD89/OZ1
R2/OZ1
SD84/M2
SD84/M2
SD84/M2 C2/OZ1
R2-B
R1-PRD
R2-B
C2-HDII
R3-B
C2-HDII
R2-B
R2-B
R3-B
C2-HDII C2-HDII
R2-B
C2-HDII
R3-B
C2-HDII
R2-B
C2-HDII
R2-B
R2-B
C2-HDII
R2-B
R2-B
R3-B
C1
C2 C2 C2
C2
C4
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
CSM
M1
M1
M1
M1 M1
M1
M1
M1
M1
M1
M1
M1
M1
M1
M1 M1
M1
M1
M1
M1
M1
M1
M1
M1 M1
M1 M1 M1 M1 M1
M2
M2
M2
M2
M2
M2
M2
O
O
O
O
O
O
O
O
O
O
O
O
O
O
R1
R1
R1 R1
R1
R1 R1
R1 R1
R1
R1
R1
R1
R1
R1
R1 R1
R1 R1
R1 R1 R1
R1
R1 R1 R1 R1
R1 R1
R1
R1 R1 R1
R1 R1
R1 R1
R1 R1
R1
R1 R1
R1 R1
R1 R1
R1
R1
R1
R1
R1
R1
R1
R1 R1
R1
R1 R1
R1
R1 R1 R1 R1
R1
R1
R1
R1 R1
R1
R1
R1
R1
R1
R1 R1 R1 R1 R1
R1 R1 R1 R1 R1 R1
R2
R2
R2
R2
R2
R2
R2
R2 R2
R2
R2
R2
R2 R2
R2
R2
R2
R2 R2 R2 R2
R2
R2
R3 R3
R3
R3 R3 R3 R3 R3 R3 R3
R3 R3 R3 R3 R3 R3
R3 R3 R3
R1 R3
R3 R3
R3 R3
R3 R3 R3 R3 R3 R3 R3
R3
R3
R3 R3 R3 R3
R4
R4
SD16
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40
SD40 SD40
SD40
SD40
SD40 SD72
SD84 SD84 SD84 SD84 SD84
SD84 SD84 SD84 SD84 SD84 SD84 SD84 SD84 SD84
R3
R3
O O
19-5-9 20-5-9 17-5-9
7-5-9 8-5-917-5-97-5-9 12-5-10 13-5-10
19-5-9 24-5-10 13-5-10
Exhibit: A
Print Date: 03/05/20
Sectional District Map: 18-5-9 I
City Council 38 – 96 11/21/2023
City Council 38 – 97 11/21/2023
9/20/23, 9:52 AM .
https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 Standard & McFadden Park
1117 S. Standard Ave
Exhibit 5 - Vicinity Zoning & Aerial View
© 2023 Digital Map Products. All rights reserved.
Santa Ana Boundary
Zoning
Zoning 375 feet
City Council 38 – 98 11/21/2023
City Council 38 – 99 11/21/2023
Standard & McFadden Park
1117 S. Standard Ave
Exhibit 6 – Site Photo
City Council 38 – 100 11/21/2023
City Council 38 – 101 11/21/2023
City Council 38 – 102 11/21/2023
City Council 38 – 103 11/21/2023
O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
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):
Daily Journal Corporation
Serving your legal advertising needs throughout California.
Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
Visit us @ www.LegalAdstore.com
NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
1117 S Standard Ave
10/11/2023
Publication
Total
$118.80
$118.80
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:
Ad Description
COPY OF NOTICE
3747057
!A000006426733!
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.
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING
COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions .
Planning Commission Action: The
Planning Commission will hold a Public
Hearing to receive public testimony, and
will take action on the item described
below. Decision on this matter will be final
unless appealed within 10 calendar days
of the decision by any interested party or
group.
Project Location: 1117 South Standard
Avenue located within the Multi-Family
Residential (R3) zoning district.
Project Applicant: The City of Santa Ana
Proposed Project: The City is requesting
approval of General Plan Amendment
(GPA) No. 2023-01, Amendment
Application (AA) No. 2023-01,
Abandonment (PW) No. 2023-03, and
Public Facility Naming (PFN) No. 2023-01
to facilitate the construction and naming
of a new public park at 1117 South
Standard Avenue, northeast corner of
Standard Avenue and McFadden Avenue.
Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
pursuant to Section 15162 and 15304
of the CEQA guidelines.
Meeting Details: This matter will be
heard on Monday, October 23, 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 visit
https://www.santa-ana.org/planning-andbuilding-meeting-participation/.
Written Comments: If you are unable to
participate in the meeting, you may send
written comments by e-mail to
[email protected]
(reference the Agenda Item # in the
subject line) or by mail to Nuvia Ocampo,
Recording Secretary, City of Santa Ana,
20 Civic Center Plaza – M20, Santa Ana,
CA 92701. Deadline to submit written
comments is 3:30 p.m. on the day of the
meeting. Comments received after the
deadline may not be distributed to the
Commission but will be made part of the
record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the
discretionary item, may be found on the
City website 72 hours prior to the public
hearing at https://santaana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any project questions, please contact Jerry Guevara, Senior Planner
with the Planning Division by phone at
(714) 647-5481 or by email at
[email protected].
Note: If you challenge the decision on the
above matter, you may be limited to
raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Planning
Commission or City Council of the City of
Santa Ana at, or prior to, the public
hearing.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo (714) 667-2732.
N u c n liên l c b ng ti ng Vi t,
xin i n tho i cho Tony Lai s (714)
565-2627.
10/11/23
OR-3747057#
City Council 38 – 104 11/21/2023
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.
Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group.
Project Location: 1117 South Standard Avenue located within the Multi-Family Residential (R3) zoning district.
Project Applicant: The City of Santa Ana
Proposed Project: The City is requesting approval of General Plan Amendment (GPA) No. 2023-01, Amendment Application (AA) No. 2023-01, Abandonment (PW) No. 2023-03, and Public Facility Naming (PFN) No. 2023-01 to facilitate the construction and naming of a new public park at 1117 South Standard Avenue, northeast corner of Standard Avenue and McFadden Avenue.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15183 and 15304 of the CEQA guidelines.
Meeting Details: This matter will be heard on Monday, October 23, 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 visit https://www.santa-ana.org/planning-and-buildingmeeting-participation/.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal.
City Council 38 – 105 11/21/2023
Who To Contact For Questions: Should you have any project questions, please contact Jerry Guevara, Senior Planner with the Planning Division by phone at (714) 647-5481 or by email at [email protected].
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en 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. 1000’ RADIUS NOTIFICATION MAP
City Council 38 – 106 11/21/2023