Agenda packet — Santa Ana City Council, January 16, 2024 (part 8 of 8)

14724D-02 TG Memo

PROPOSED PROJECT
The Project site currently contains an existing 5,837 square-foot industrial building that will be converted into an administrative office building. A 12,186 SF building was demolished and redeveloped into parking spaces as part of the expansion. In addition, the applicant is proposing to improve the site with 17,497 square feet of student outdoor spaces, on-site parking, and landscaping. Vista Heritage Global Academy is not increasing the maximum number of students with this expansion.

TRIP GENERATION
Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development. In order to develop the traffic characteristics of the existing land use and the proposed Project, trip-generation statistics published in the ITE Trip Generation Manual (11th Edition) were used.

EXISTING USE
As noted previously, the site is designated as Light Manufacturing (M1) and is currently developed with a 5,837 square foot industrial building on-site. The trip generation for the existing use is summarized in Table 1. As shown in Table 1, the existing industrial building generates a total of 28 two-way trips per day with 4 AM peak hour trips and 4 PM peak hour trips.

TABLE 1: EXISTING USE TRIP GENERATION

PROPOSED PROJECT
The proposed Project includes the redevelopment of the existing building into a 5,764 school district office building. The trip generation summary illustrating daily, and peak hour trip generation estimates for the proposed Project are also summarized in Table 2. The proposed Project is anticipated to generate 84 two-way trips per day with 14 AM peak hour trips and 12 PM peak hour trips.

ITE AM Peak Hour PM Peak Hour
Land Use1 LU Code In Out Total In Out Total
Manufacturing 140 TSF 0.52 0.16 0.68 0.23 0.51 0.74 4.75 Daily
Land Use Quantity Units2 In Out Total In Out Total
Manufacturing 5.837 TSF 3 1 4 1 3 4 28
1 Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition. 2 TSF = thousand square feet
AM Peak Hour PM Peak Hour
Units2 Daily
City Council 26 – 500 1/16/2024
Ingrid Canedo, Red Hook Capital Partners
July 24, 2023

Page 3 of 3 ends

14724D-02 TG Memo
TABLE 2: PROPOSED PROJECT TRIP GENERATION SUMMARY

TRIP GENERATION COMPARISON
Table 3 compares the trip generation of the proposed Project to the existing use (currently adopted). The resulting net change in trips is also identified in Table 3 and has been calculated by subtracting the existing use from the proposed Project. As shown, the Project is anticipated to generate a net increase of 56 two-way trips per day, 10 more AM peak hour trips, and 8 more PM peak hour trips as compared to the existing use.

TABLE 3: TRIP GENERATION COMPARISON

FINDINGS
The development of the proposed Project (school district office) is anticipated to generate more trips than the existing (currently approved) industrial use. The net increase in trip generation and total trips generated are below 50 peak hour trips. As such, additional traffic analysis beyond this trip generation assessment does not appear to be necessary as the effects on transportation operations (level of service) are not significant.

If you have any questions or comments, I can be reached at [email protected].

Respectfully submitted,
URBAN CROSSROADS, INC.

Jose Alire, P.E. Robert Vu, P.E.

Senior Traffic Engineer Transportation Engineer
ITE AM Peak Hour PM Peak Hour
Land Use1 LU Code In Out Total In Out Total
School District Office 528 TSF 1.18 1.18 2.36 1.02 1.02 2.04 14.37 Daily
Land Use Quantity Units2 In Out Total In Out Total
School District Office 5.837 TSF 7 7 14 6 6 12 84
1 Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition. 2 TSF = thousand square feet
Units2 Daily
AM Peak Hour PM Peak Hour
Land Use In Out Total In Out Total Daily
Existing Use 3 1 4 1 3 4 28
Proposed Project 7 7 14 6 6 12 84
Net Change (Proposed - Existing) 4 6 10 5 3 8 56
AM Peak Hour PM Peak Hour
City Council 26 – 501 1/16/2024
Exhibit 8 - Community Meeting Documents
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Vista Charter Public Schools
District Office & Outdoor Space
Coming 2024
City Council 26 – 526 1/16/2024

INTRODUCTION TO THE VISTA ORGANIZATION
Who we are: Purpose of District office Space:
• Vista Charter Public Schools operates 6 free public
charter schools in Los Angeles and Orange County
serving a total of 1,500 students.
• Vista Charter Public Schools Headquarters
• Host Monthly Board Meetings
City Council 26 – 527 1/16/2024
WHY SANTA ANA?
Location:
68% of VCPS student enrollment is currently in
Orange County
Organizational Hub:
• • Auto shop acquisition created an
opportunity to have a district office
located next to our largest school.

Vista District Office
City Council 26 – 528 1/16/2024

COMMUNITY IMPACT
•
•
Reducing homeless presence
Significantly more parking vs. when Auto Shops were
present
• Beautifying dilapidated auto shop building
City Council 26 – 529 1/16/2024

OUTDOOR SITE IMPROVEMENTS
•
•
Addressesthe needs the community requested
Introduces outdoor play space for physical
activities
•
•
Provides safe, beautiful outdoor space
Provides additional parking spaces
City Council 26 – 530 1/16/2024

FAIRVIEW BUSINESS CENTER SITE PLAN
City Council 26 – 531 1/16/2024

ENLARGED SITE PLAN
• Increased Parking: 52 New Stalls
• Increased Landscaping
• Increased Outdoor Play Space
• New beautiful Offices
• New Fencing
KEY
Outdoor
landscaping
District office
Fencing

OUTDOOR SPORTS

PLAYFIELD & PLAY YARD
Gate
Ingress/Egress
City Council 26 – 532 1/16/2024

PROJECT DETAILS
• Additional lot to provide support functions (does not increase school capacity) • Provides 72 additional parking spaces/reduces impact to Business Park • Enhances student drop‐off/pick‐up functions
• Encourages commercial use that is consistent with Business Park uses • Requires additional Sunshine Meeting (similar to this meeting) • Requires zone change for automotive parcel and amendment to Operational Standards to allow outdoor play area
• Planning Commission review and recommendation
• City Council action
City Council 26 – 533 1/16/2024

DISTRICT OFFICE IMPROVMENTS

WEST ELEVATION

EAST ELEVATION
City Council 26 – 534 1/16/2024

DISTRICT OFFICE IMPROVMENTS

NORTH ELEVATION

SOUTH ELEVATION
City Council 26 – 535 1/16/2024

DROP OFF AND PICK ROUTE MODIFICATIONS

CURRENT ROUTE PROPOSED ROUTE
City Council 26 – 536 1/16/2024

DROP OFF AND PICK ROUTE MODIFICATIONS

CURRENT ROUTE PROPOSED ROUTE
City Council 26 – 537 1/16/2024
THANK YOU!
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Exhibit 9 - Parcel Map in Recording 86-284222
City Council 26 – 580 1/16/2024

O R A N G E C O U N T Y R E P O R T E R
OR#
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CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702

GPN GOVT PUBLIC NOTICE
601 North Fairview
11/27/2023
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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: 601 North Fairview
Street located within the Light Industrial
(M1) zoning district.

Project Applicant: Enrique Diaz with Red
Hook Capital Partners, LLC (Applicant) on
behalf of Vista Heritage Charter Schools
(Property Owner)
Proposed Project: Applicant is
requesting approval of Amendment
Application (AA) No. 2023-04 (Zone
Change) and Zoning Ordinance
Amendment (ZOA) No. 2023-03, to
rezone the subject property from Light
Industrial (M1) to Specific Development
No. 82 (SD-82), expand the boundaries of
SD-82 to include the subject property, and
to modify SD-82 to allow Administrative
Offices as a permitted use and Outdoor
Play Areas as a permitted use, ancillary to
schools. The requested approvals would
accommodate the conversion of an
existing 5,837-square-foot industrial
building into an administrative office
building for Vista Heritage Charter School,
and allow an outdoor play area adjacent to the existing school. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review under Section 15301 (Existing Facilities), Class 1 exemption, as it involves negligible or no expansion of an existing or former use. Additionally, the project is also exempt pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA guidelines. Notice of Exemption No. 2023-40 will be filed for this project. Meeting Details: This matter will be heard on Monday, December 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- building-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 case planner Fernanda Arias with
the Planning Division by phone at (714)
667-2792 or by email at FArias@santaana.org.

Note: If you challenge the decision on the
above matter, you may be limited to
raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Planning
Commission or City Council of the City of
Santa Ana at, or prior to, the public
hearing.

Si tiene preguntas en 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.
11/27/23
OR-3760824#
City Council 26 – 581 1/16/2024

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: 601 North Fairview Street located within the Light Industrial (M1) zoning district.

Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review under Section 15301 (Existing Facilities), Class 1 exemption, as it involves negligible or no expansion of an existing or former use. Additionally, the project is also exempt pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA guidelines. Notice of Exemption No. 2023-40 will be filed for this project.

Meeting Details: This matter will be heard on Monday, December 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-building-meetingparticipation/.

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 26 – 582 1/16/2024
Who To Contact For Questions: Should you have any project questions, please contact case planner Fernanda Arias with the Planning Division by phone at (714) 667-2792 or by email at FArias@santaana.org.

Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.

Si tiene preguntas en 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 26 – 583 1/16/2024
City Council 26 – 584 1/16/2024
City Council 26 – 585 1/16/2024
1 Ocampo, Nuvia
From: Barry Einck <[email protected]>
Sent: Friday, December 8, 2023 4:18 PM
To: eComments, PBA
Cc: Angie Gmail Cano; Dave Hunt; Scotty Lee; Anh Le; Paola Marrufo; Robin Owens Subject: Opposition to Vista Charter proposal (DP No. 2023-10) Follow Up Flag: Follow up
Flag Status: Flagged
Hello members of the SA Planning Commission.

My name is Barry Einck. My property address is 523 North Fairview. I along with 11 other owners are located on the exact property which is being impacted by the Vista Charter proposal.

We are all located within a planned HOA community governed by CC&R and recorded documents that protect the common areas of this community.

The recorded Reciprocal Easement Agreement (86‐284222) contains the following language, which is in direct conflict with Vista charter proposal:
“This agreement allows parking across all parcels.” “This agreement explicitly prohibits the construction of barriers, such as fences or walls.”
When the SD 82 was revised to allow the school to occupy their current location, there was a specific line item added to the zoning, which indicated “no outdoor recreation area would be allowed”. I don’t understand why that line item is now being ignored, and potentially allowing the school to fence off and occupy common area property for an outdoor recreation area.

Please remember, this is a Commercial Business Park, which has typical industrial operations, which are potentially hazardous and dangerous in nature. We have semi trucks, delivery trucks and forklifts operating in the immediate vicinity of the proposed outdoor recreation area.

By the removal of additional parking spaces for the use of an outdoor recreation area is going to greatly impact the parking situation in the park and increase the level of danger due to the additional congestion created.

Also section 2.2.4 of our association's Covenants, Conditions, and Restrictions (CC&Rs) mentions that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. I know alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules.

I feel that it is very important that the planning commission considers these rules from our HOA recorded documents in making a decision regarding this proposal.

Please include this letter to be on file with all of the pertaining information for this planning commission proposal.

Thank you for your time and consideration.

Regards,
Barry Einck
523 N Fairview
714‐697‐8730
City Council 26 – 586 1/16/2024
2 Sent from my iPhone
City Council 26 – 587 1/16/2024
1 Ocampo, Nuvia
From: Angie Cano <[email protected]>
Sent: Wednesday, December 6, 2023 2:11 PM
To: Carl Benninger; Alan Woo; Isuri Kennedycommission; [email protected]; [email protected]; [email protected]; [email protected] Cc: Bernal, Sarah; eComments, PBA; Barry Einck; Dave Hunt; Arias, Fernanda Subject: Opposition of Vista’s Proposed Project (DP No. 2023-10): Planning Commissioner Meeting on 12.11.23
Attachments: 12.6.23 Opposition of Vista’s Proposed Project (DP No. 2023-10) Planning.pdf;

07.02.1986 Agreement of Reciprocal Easement .pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon Commissioners,
Attached you will find a copy of my opposition letter regarding Vista Heritage Charter School’s Proposed of Project (DP No. 2023-10) for your consideration during your Planning Commission meeting on Monday, December 11, 2023 at 5:30pm (There is no agenda yet posted on the city's website). Furthermore, I attached a copy of the association's Agreement of Reciprocal Easements that has been hidden by Vista Heritage Charter in their arguments to build a playground in our association's parking lot.

A similar letter in opposition was sent to the three board members of the Civic Center Business Owners' Association today, Wednesday, December 6th since section 2.2.4 of our association's Covenants, Conditions, and Restrictions (CC&Rs) mentions that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. I know alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules. Please see the attached letter for more details about historical information of our Association.

ANGIE CANO
BUSINESS ADDRESS: 563 North Fairview St. Santa Ana, CA 92703 CELL: 714.957.5744
---------- Forwarded message ---------
From: Angie Cano <[email protected]>
Date: Wed, Dec 6, 2023 at 11:49 AM
Subject: Re: Civic Center Board Meeting Notification 12-6-23 5:00 PM To: Danny deLeon Jr. <[email protected]>, Scotty Lee <[email protected]>, Don Wilson <[email protected]>
Cc: Ingrid Canedo <[email protected]>, Enrique Diaz <[email protected]>, Dhan Mhaskar <[email protected]>, Collin Felch <[email protected]>, <[email protected]>, Perla Marrufo <[email protected]>, Barry Einck <[email protected]>, Dave Hunt City Council 26 – 588 1/16/2024
2 <[email protected]>, Cutis Tom <[email protected]>, John Shen <[email protected]>, Anh Le <[email protected]>, Wil Marrufo <[email protected]>, Paola Marrufo <[email protected]>, Vince Fregoso <[email protected]>, William Marrufo <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, Mom <[email protected]>, <[email protected]>, Robin Owens <[email protected]> Good morning,
I realized the file I emailed last night is grainy and so I've attached a clear version of my comments in this email for the Civic Center Business Park Owner's Association scheduled for Wednesday, December 5 at 5pm via Zoom. Please consider these comments during the meeting today.

ANGIE CANO
BUSINESS ADDRESS: 563 North Fairview St. Santa Ana, CA 92703 CELL: 714.957.5744
On Tue, Dec 5, 2023 at 10:28 PM Angie Cano <[email protected]> wrote:

Good evening,
I am attaching my comments for the Civic Center Business Park Owner's Association scheduled for Wednesday, December 5 at 5pm via Zoom. Please consider these comments during the meeting tomorrow.

ANGIE CANO
BUSINESS ADDRESS: 563 North Fairview St. Santa Ana, CA 92703 CELL: 714.957.5744
On Tue, Nov 28, 2023 at 12:39 PM <[email protected]> wrote:

Hi Civic Center Business Owners Association,

Attached is the Agenda for the subject meeting with the zoom link below for your convenience. If you have any questions please call Affinity Property Services, Inc. at 714.505.5400.

City Council 26 – 589 1/16/2024
3 Join Zoom Meeting
https://zoom.us/j/95928265511
Meeting ID: 959 2826 5511

City Council 26 – 590 1/16/2024
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VIA EMAIL
Angie Cano and Levi Cano
563 North Fairview St.

Santa Ana, CA 92703
Wednesday, December 6, 2023
To the Members of the Santa Ana Planning Commission:

Subject: Opposi�on to Agenda items regarding Vista Heritage Charter School’s Proposed of Project (DP No. 2023-10).

Dear Commissioners,
My father, Levi Cano, and I, Angie Cano, located at 563 North Fairview St., Santa Ana, CA 92703, as concerned members of the Civic Center Business Park, want to express our con�nued opposi�on to the proposed construc�on of fences and a playground proposed by Vista Heritage Charter School and Red Hood Capital Partners in our parking spaces and common areas. The plans to build fences and a playground in our shared spaces will nega�vely affect our associa�on’s character and safety.

This opposi�on is grounded in the historical and legal precedents set forth by our associa�on, as well as the explicit terms outlined in our Covenants, Condi�ons, and Restric�ons (CC&Rs), and other legally binding documents governing our community. We wish to bring to your aten�on several key points that directly conflict with Vista Charter’s proposal:

1. Restric�ons on Erec�ng Fences (Ar�cle VII, Sec�on 7.3 of the CC&Rs, Page 27): On October 18, 2002, Civic Center Business Park Owner’s Associa�on’s legal counsel determined that unit owners are not permited to erect a fence or other boundary around any parking space. This directly contradicts Vista Charter’s inten�on to build fences in common areas. We would like to con�nue to highlight Sec�on 2.2.4 of the CR&R, specifically, the requirement that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. We believe any altera�ons or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules.

2. Reciprocal Easement Agreement: The removal of parcels 3 and 4 from the Associa�on in Amendment 1 recorded on January 3, 1986, led to formal arrangements, known as “Agreement of Reciprocal Easements (July 2, 1986, the ‘Agreement,’ Document Number B6-284222).” This Agreement allowed parking across all parcels, including parcels 3 and

4. This agreement explicitly prohibits the construc�on of barriers, such as fences or walls, that would impede access. Vista Charter's plan would violate this agreement.

3. Unanimous Writen Consent of Members Document (June 9, 1993): This document, which repealed previous bylaws and adopted new ones, clearly delineates the shared common areas, including parking spaces, as communal property not owned individually City Council 26 – 603 1/16/2024
but for the enjoyment of all unit owners. The construc�on of a playground in these areas would infringe upon the rights and privileges of all unit owners.

4. Correc�on of Terminology misused by Legal Counsel paid for by Vista Charter School: it has been claimed that "Restricted Area" means "Ownership" when Page 4 of the Second Amendment filed in 2016, Sec�on 1.29 gives a straigh�orward defini�on of what is a Restricted Common Area: "Restricted Common Area shall mean and refer to those por�ons of the COMMON AREA." Addi�onally, sec�on 1.30A men�ons "Special Benefit Areas'' are a group of one or more Condominiums WITHIN the Project as designated BY THE BOARD that receive services or benefits FROM THE ASSOCIATION that benefit only those Condominiums within such Special Benefit Area rather than all the Condominiums within the Project. The Unit Owners within the Special Benefit Area BEAR THE COSTS incurred by the Associa�on for maintenance, repair, replacement, and provision of services for the benefit of all unit owners within this area. Exhibit D to the Second Amendment establishes MAINTENANCE RESPONSIBILITIES within the COMMON AREAS of the Associa�on, not Ownership rights to any unit owner. Neither the Second Amendment nor any related board mee�ng in the discussions suggest that the term "Restricted Common Area" implies ownership. Instead, documents, and board mee�ngs from previous presidents of the Civic Center Business Park consistently focused on maintenance responsibili�es.

5. Poten�al Impact on Community: Beyond legal arguments, the prac�cal implica�ons of Vista Charter’s proposed construc�on are deeply concerning, especially in terms of health and safety. The presence of a Tile and Marble shop directly facing the parking lot, behind the school, involves the use of chemicals that are hazardous, par�cularly to our youth. These chemicals can include Silica Dust which is generated during cu�ng or grinding �les and can lead to respiratory problems if inhaled, Adhesives and Sealants that contain vola�le organic compounds (VOCs) which can cause headaches, dizziness, and other health issues, Cleaning Solvents o�en used in the finishing process, which can be toxic if inhaled without the proper equipment. Suppor�ng a playground in the common area used for parking would in turn support the exposure of children to these substances. A playground in this type of se�ng would be irresponsible and poten�ally harmful.

In addi�on to health risks, our common areas serve a crucial role in allevia�ng parking pressure. This is par�cularly important given the proximity of both a church and a school in our associa�on. The reduc�on of available parking spaces and the conversion of these areas into recrea�onal zones and gated areas would inconvenience other unit owners, lead to unsafe conges�on, and increase the risk of accidents in non-gated areas.

Therefore, we urge the board to consider these facts and the historical context of our community’s governance in your delibera�ons on this mater. We must uphold the integrity of our agreements and the rights of all unit owners to ensure the con�nued harmony and well-being of our community.

City Council 26 – 604 1/16/2024
City Council 26 – 605 1/16/2024
1 Ocampo, Nuvia
From: Alcala, Abigail
Sent: Monday, December 11, 2023 3:00 PM
To: Ocampo, Nuvia; eComments, PBA
Subject: FW: Planning Commission Agenda Item No. 3, December 11, 2023 Hello:

The City Clerk’s Office received the following comment for the Planning Commission meeƟng for December 11, 2023.

Respecƞully,
Abigail Y. Alcala, MBA, CMC | Assistant City Clerk
City of Santa Ana - City Clerk’s Office
20 Civic Center Plaza | Santa Ana, CA 92701
714-647-6520 | [email protected]
City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates.

The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play.

Click here to report an issue directly from the City website.

From: [email protected] <[email protected]> Sent: Monday, December 11, 2023 12:21 PM
To: eComment <ecomment@santa‐ana.org>
Cc: Thai, Minh <mthai@santa‐ana.org>; Pezeshkpour, Ali <APezeshkpour@santa‐ana.org> Subject: Planning Commission Agenda Item No. 3, December 11, 2023 Dear Chairman & Planning Commission Members;
I am wriƟng to ask you to support the request of Vista Heritage School in their request for a zone change and related approvals needed to expand their footprint and fully build out their campus at 5th & Fairview. This is a tremendous asset to the community and to the greater improvement of this area taking a rundown automoƟve center and making it a center of learning and faith development.

Thank you in advance for your careful consideraƟon of this worthwhile change.

Sincerely,
Tim Rush
Wilshire Square
Tim Rush
Chief People Connector
City Council 26 – 606 1/16/2024
2 Berkshire Hathaway HomeServices California Properties The Maple Building, Corporate Offices
16911 South Bellflower Boulevard
Bellflower, CA 90706‐5903
(714) 299‐4455
17 Branch Sales Offices, Serving 6 Southern California Counties City Council 26 – 607 1/16/2024
1 Ocampo, Nuvia
From: Chase Arthur <[email protected]>
Sent: Monday, December 11, 2023 2:14 PM
To: eComments, PBA
Subject: Vista Heritage Global Academy - 601 North Fairview Street - Air Quality Memo Attachments: Vista Charter_Response to Comment Memo_120823.pdf Follow Up Flag: Follow up
Flag Status: Flagged
Hi Planning Commissioners,
Please see attached for an air quality memo in response to a comment letter by Anige and Levi Cano.

Let us know if you have any questions or need any additional information.

Thank you,
Chase
City Council 26 – 608 1/16/2024
5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707
Office: 949.472.3505 | Fax: 949.472.8373

M E M O R A N D U M
To: City of Santa Ana
Vista Charter Public Schools
From: Frances Yau, AICP, Michael Baker International
Alan Ashimine, Michael Baker International
Date: December 8, 2023
Subject: Response to Comment Letter on Vista Heritage Charter Public Schools District Office and Outdoor Space Project
A comment letter prepared by Angie and Levi Cano, dated December 6, 2023, was sent to the Civic Center Business Park Owners Association Board opposing the Vista Heritage Charter Public Schools District Office and Outdoor Space Project (project) and raising several concerns regarding the proposed development.

Michael Baker International (Michael Baker) was retained by Vista Charter Public Schools to prepare the environmental documentation under the California Environmental Quality Act (CEQA) for the proposed project. Given our role as environmental consultants, the focus of this memorandum is on Item #5 of the comment letter, as it pertains to potential air quality impacts; refer to attachment. The commenter raises concerns regarding potential health risks to students in the proposed outdoor play field and play yard area from existing operational activities associated with a tile and marble business within the same business park. The commenter states that the business involves the use of chemicals that are hazardous and can include silica dust generated during cutting or grinding tiles, which can lead to health problems for the students.

The existing business, NG (New Generation) Tile & Marble, is located at 563 North Fairview Street and is the north end unit within the industrial building to the south of the project site and west of the Vista Heritage Global Academy building. Based on our research and project understanding, operational activities associated with the business would not result in adverse health impacts to future students playing in the proposed outdoor play areas. Specifically, potential marble grinding and cutting activities are performed indoors (i.e., no open air activities in the business park). Therefore, the amount of dust and odor traveling outdoors would be nominal. Moreover, Vista Heritage Global Academy students would spend time outdoors for a limited period of time per day, likely up to one to two hours per day. Health risk is highly dependent on the time exposed to the toxics and one to two hours per day is short-term compared to 24 hours per day considered for typical health risk assessments. Additionally, South Coast Air Quality Management District (SCAQMD) rules apply to the existing business, including Rule 1113 regulating coatings and tile and stone sealers, and Rule 403 regulating fugitive dust. Occupational Safety and Health Administration (OSHA) also has regulations on silica exposure for workers. Standard 29 CFR 1926.1153 requires employers to limit worker exposures to respirable crystalline silica and to take other steps to protect workers. Although this regulation is to protect workers, the best practices reduce overall City Council 26 – 609 1/16/2024
dust in the air and would further reduce potential impacts to students in outdoor play areas near the existing business. As such, the indoor operational activities associated with the existing tile and marble business would not result in any substantial health risk to students playing in the proposed outdoor play areas.

Further, it should be noted that according to several CEQA court decisions, CEQA analysis is not required to analyze impacts of the existing environment on a proposed project unless the project risks exacerbating existing environmental hazards. California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, Case No. S213478. Thus, the Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 – Environmental Documentation, prepared by Michael Baker International and dated December 5, 2023, adequately evaluates the project’s potential environmental impacts and findings from the document remain valid.

Attachment: Comment Letter, December 6, 2023
City Council 26 – 610 1/16/2024

VIA EMAIL
Angie Cano and Levi Cano
563 North Fairview St.

Santa Ana, CA 92703
[email protected]
714-957-5744
Wednesday, December 6, 2023
Board of Directors
Civic Center Business Park Owners Associa�on Board
PO Box 131
Trabuco Canyon, CA 92678
Subject: Opposi�on to Agenda Items - December 6, 2023, regarding Vista Heritage Charter School’s Proposed Construc�on Plans of Fences and Playground in Common Areas.

Dear Directors Scot Lee, Danny De Leon, and Don Donald S. Wilson, My father, Levi Cano, and I, Angie Cano, located at 563 North Fairview St., Santa Ana, CA 92703, as concerned members of the Civic Center Business Park, want to express our con�nued opposi�on to the proposed construc�on of fences and a playground proposed by Vista Heritage Charter School and Red Hood Capital Partners in our parking spaces and common areas.

4. This agreement explicitly prohibits the construc�on of barriers, such as fences or walls, that would impede access. Vista Charter's plan would violate this agreement.

3. Unanimous Writen Consent of Members Document (June 9, 1993): This document, which repealed previous bylaws and adopted new ones, clearly delineates the shared common areas, including parking spaces, as communal property not owned individually but for the enjoyment of all unit owners. The construc�on of a playground in these areas would infringe upon the rights and privileges of all unit owners.

Therefore, we urge the board to consider these facts and the historical context of our City Council 26 – 612 1/16/2024
City Council 26 – 613 1/16/2024
1 Ocampo, Nuvia
From: Chase Arthur <[email protected]>
Sent: Monday, December 11, 2023 11:07 AM
To: eComments, PBA
Subject: Vista Heritage Global Academy - 601 North Fairview Street Attachments: Cover Letter - Santa Ana Planning Commission.pdf; Hansberger & Klein CC&R Letter.pdf; Akerman - Vista Charter - CC&R Memo 12-8-23.pdf; Stradling Supplemental Letter - CC&Rs.pdf; Stradling - CC&R Review Letter 12.6.23.pdf Follow Up Flag: Follow up
Flag Status: Flagged
Hi Planning Commissioners,
Please see attached documents on behalf of Vista Heritage Global Academy in support of the school's project being heard at tonight's (12/11/23) Planning Commission meeting.

The documents attached are a cover letter written by the school's Deputy Superintendent, Collin Felch, along with three legal analyses pertaining to the CC&Rs of the project's site along with a supplemental letter.

Let us know if you have any questions regarding these documents.

Thank you,
Chase Arthur
City Council 26 – 614 1/16/2024
73955492;1

ATTORNEY CLIENT WORK PRODUCT
Memorandum
From: Lisa Kolieb, Esq., Akerman LLP
To: Vista Charter Public Schools
Date: December 8, 2023
Subject: Civic Center Business Park CC&R and Reciprocal Easement Review You have asked us to review the "Industrial Condominium Enabling Declaration of Covenants, Conditions and Restricted for Civic Center Business Park, Santa Ana, California", dated April 1985, as amended, ("CC&Rs") and "Agreement of Reciprocal Easements," dated June 17, 1986 ("Easement Agreement"), to determine whether the CC&Rs or Easement Agreement prohibit or otherwise restrict the proposed development of a fenced play area for the Vista Charter School within the existing "Buildings A/B Common Area", as defined therein. 1 We understand that the
play area is proposed to be located within the Buildings A/B Common Area and additional improvements are proposed on Parcel 4.

In short, the CC&Rs only currently apply to Parcels 1 and 2, as Parcels 3 and 4 were removed from the CC&Rs pursuant to the First Amendment to the CC&Rs, approved in December 1985.

Accordingly, the improvements proposed on Parcel 4 are not limited by the CC&Rs. However, the play yard proposed within the Buildings A/B Common Area is subject to the CC&Rs. Pursuant to the Second Amendment to the CC&Rs, approved in May 2016, the "Buildings A/B Maintenance Area" (which includes the Buildings A/B Common Area) is now considered to be a "Restricted Common Area" for exclusive use by buildings A and B. The CC&Rs, as amended, designated the Common Area as "exclusive" to the owners of Buildings A and B and do not explicitly restrict the permitted uses within the Buildings A/B Maintenance Area. Therefore, as long as the proposed use is considered to be "common" to the owners of buildings A and B, there appear to be no 1 This Memorandum only analyzes the CC&Rs and Easement Agreement and does not analyze whether the proposed use is otherwise permissible pursuant to the City of Santa Ana's Municipal Code or previous approvals for the site.

This analysis is based solely on our review of the original CC&Rs, as well as the First and Second Amendments to the CC&Rs, as well as the Easement Agreement provided to us by you. Moreover, this memorandum does not constitute a formal legal opinion.

Akerman LLP
601 West Fifth Street
Suite 300
Los Angeles, CA 90071
T: 213 688 9500
F: 213 627 6342
akerman.com
City Council 26 – 615 1/16/2024
December 8, 2023

Page 2 ends

__________________________
73955492;1
restrictions in the CC&Rs on the use of the area for a fenced play area if the owners of Buildings A and B agree on that use for the Common Area.

However, the Business Park is also subject to an Easement Agreement which establishes easements over Parcels 1 and 2 and Parcels 3 and 4 for ingress and egress, as well as for parking.

The Easement Agreement provides an exception for areas designated as "Restricted Common Area." Since the Buildings A/B Maintenance Area is considered a restricted common area, it should be exempt from the easement requirements.

AS ORIGINALLY APPROVED, THE CC&RS REQUIRED THE COMMON AREAS TO BE ACCESSIBLE TO ALL

BUSINESS PARK OWNERS, AND ONLY SPECIFICALLY DESIGNATED PARKING SPACES WERE CONSIDERED TO BE "RESTRICTED COMMON AREAS."
As originally approved in April 1985, the CC&Rs stated that the "Common Areas" were to be used/accessible by all of the Owners and only specifically designated parking spaces were designated "Restricted Common Areas" that were "set aside for exclusive use of a Unit Owner or Owners."2 Accordingly, with the exception of those designated parking spaces, all owners were meant to have access to all Common Areas. With respect to use, the CC&Rs stated that "Association, its members, employees, invitees and licensees shall have non-exclusive easements for ingress, egress and parking over the portions of the Common Area containing open space, and parking and driveway areas, except that parking may be restricted in the Restricted Common Area."3
Under the original CC&Rs, the "Restricted Common Areas" were limited only to "Parking spaces designated "P" followed by the number of the Unit to which appurtenant" and the remainder of the Common Areas were for use by all owners.4 If all of those restrictions were still in place, it could be argued that the proposed play area would not be permitted as the Common Area could not be used for anything other than parking and access and would need to be accessible to all owners.

Therefore, it could not be used for a play area and restricted to the use of only one owner. However, as discussed below, the CC&Rs have been amended such that the Common Areas are no longer subject to many of those restrictions.

We understand that a neighbor who opposes the proposed project has argued that the CC&Rs restrict the erection of fences with common areas. However, the CC&Rs only explicitly state that "no parking spaces shall be fenced off." (emphasis added). The CC&Rs do not contain other restrictions on fencing with the Business Park.
2 CC&Rs Section 1.29.
3 CC&Rs Section 6.3.
4 CC&Rs Section 2.2.5.

City Council 26 – 616 1/16/2024
December 8, 2023

Page 3 ends

__________________________
73955492;1

THE BUSINESS PARK IS ALSO SUBJECT TO AN AGREEMENT RE RESTRICTIVE COVENANTS THAT GRANTS NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS AND VEHICULAR PARKING.

The site is also subject to a non-exclusive easement for ingress, egress and vehicular parking pursuant to the Agreement of Reciprocal Easements, dated June 17, 1986. That Easement Agreement establishes easements over Parcels 1 and 2 and Parcels 3 and 4 for "reciprocal, nonexclusive easements for ingress and egress to and from the respective Parcels, as well as easements for parking except on those areas of Parcels 1 and 2 which are Restricted Common Area." Importantly, the easements contain an exception for "portions which are designated as Restricted Common Area." As discussed below, since the entire Buildings A/B Maintenance Area is now designated as an "Exclusive Use Common Area" it should be excluded from the ingress, egress and parking requirements established in the Agreement.

The Easement Agreement predates the Second Amendment to the CC&Rs, and was approved prior to the formal separation of Buildings A and B from C and D. Accordingly, any restrictions on fencing between the two areas have arguably been superseded since the Second Amendment explicitly states that the Buildings A/B Common Area and all portions of the Buildings A/B Maintenance Area have been "set aside for exclusive use" of those buildings.

THE SECOND AMENDMENT TO THE CC&RS DESIGNATED THE ENTIRE BUILDINGS A/B MAINTENANCE AREA AS AN "EXCLUSIVE USE COMMON AREA" TO BE USED ONLY BY BUILDINGS A AND B WITHOUT ADDITIONAL RESTRICTIONS ON USE.

The Second Amendment to the CC&Rs, effective May 2016, divided the Common Areas for Buildings A and B from the Common Areas for Buildings C and D and reallocated and separated the maintenance obligations and costs for those common areas. 5 In other words, the Buildings
A/B Common Area became the "responsibility" of the owners of Buildings A and B and the Buildings C/D Common Area became the responsibility of the owners of Buildings C and D. Most critical, the Second Amendment explicitly modified the language in the CC&Rs so that the Buildings A/B Common Area and Buildings A/B Maintenance Area became a "Restricted Common Area" only for use by Buildings A and B. Specifically, the amendment stated that the "Buildings A/B Maintenance Area is hereby set aside and allocated for the exclusive use of the Buildings A/B Owner and shall constitute "Restricted Common Area" appurtenant to the condominium rights within Buildings A/B. Such Restricted Common Area shall constitute "Exclusive Use Common Area" within the meaning of Section 6550 of the Commercial 5 The Second Amendment defines the Buildings A/B Common Area as "including exterior landscaping areas, parking areas, driveways and other pedestrian and vehicular access ways, trash enclosures and receptables and exterior lighting within the Buildings A/B Common Area…" CC&Rs Section 1.4A. The Second Amendment focuses on the maintenance obligations and expenses as they relate to the Common Areas. However, the Second Amendment did not change the ownership interests in the Common Areas. While the Common Areas may technically have remained under common ownership, the Second Amendment establishes that the Buildings A/B Common Area is now allocated for the exclusive use of Buildings A and B. As such, the owners of Buildings C and D arguably no longer have any use or access rights to that area and therefore it would no longer be considered "common" to all owners.

City Council 26 – 617 1/16/2024
December 8, 2023

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73955492;1
Association Act."6 As amended, the section of the CC&Rs that discusses the "Restricted Common Area" no longer makes reference to parking spaces, does not require access or use by other owners and does not contain any specific description of the required uses within the Common Area.

Accordingly, the CC&Rs, as amended, do not appear to provide any restriction on the use of the Common Area that would prevent the use of the Common Area for a play yard accessible to the owners of both buildings A and B.
6 The exclusive use common area is a section of a common area that is designated for the use of one or more owners, but fewer than all, within a development.

City Council 26 – 618 1/16/2024

VISTA CHARTER PUBLIC SCHOOLS
We transform the school experience
2900 West Temple Street
Los Angeles, CA 90026 Don Wilson Ed.D., Superintendent
T 213 269-4767 | F 213 269-4762 Collin Felch, Ed.D., Deputy Superintendent www.vistacharterpublicschools.org Karen Amaya, Assistant Superintendent December 8, 2023
To: Planning Commissioners:

As you are aware, Vista Heritage Charter School has an item for your consideration at the December 11, 2023 public meeting. I understand that there has been some correspondence to the commission from a couple of the neighboring business park members regarding the allocation of parking at the business complex where we are located, and the access to that parking by Association members. Because our team is committed to working collaboratively with all our neighbors, and because there has been some confusion regarding the legal rights to certain portions of the parking field, we felt it was important to have the Association's CC&Rs reviewed by three different attorneys to provide an unbiased assessment. For your review I have attached the three legal analyses pertaining to the CC&Rs.

In summary, the consistent interpretation is that the area where we intend to develop a play field in this proposed project is a restricted common area for the exclusive use of Buildings A & B (Vista & Templo Calvario Church).

Please note that I provide this information simply to make sure that the facts are accurately reported. As the Deputy Superintendent our mission is to create a positive school environment for our students and families, and to be an added value to the Santa Ana community. I remain dedicated to this goal.

Sincerely,
Collin Felch, Ed.D.

Deputy Superintendent
Vista Charter Public Schools
City Council 26 – 619 1/16/2024
Hansberger & Klein, A Professional Law Corporation
27475 Ynez Rd., Suite 357, Temecula, CA 92591
Erica Klein Direct: 818-281-5765 | Richard Hansberger Direct: 626-533-1891 www.hkschoollaw.com
December 7, 2023

SENT VIA E-MAIL
Dr. Donald Wilson, Superintendent
Dr. Collin Felch, Deputy Superintendent
Vista Charter Public Schools
Re: 2609 W 5TH STREET and Development of Parcels 2 and 4 Conditional Use Permit Application - Civic Center
Business Park
City of Santa Ana Planning Dept. Case No. 2023-10
Dear Drs. Wilson and Felch:

We are submitting this correspondence regarding the above-entitled planning case number. Please submit it as public comment at your planning hearing.

You have asked us to provide a non-confidential letter regarding two questions concerning the planned development at the 2609 W. 5th Street facilities (comprised of Parcels 1, 2, 3 and 4). The planned development affects Parcels 2 and 4, specifically.

With respect to the Conditional Use Permit Application affecting the Parcels identified above, we have reviewed the original Declaration recorded April 19, 1985 as Document No. 85-240398 of Official Records, the First Amendment to original Declaration recorded January 3, 1986 of Official Records and the Second Amendment to original Declaration recorded August 10, 2016 as Document No 2016-000375684 of Official Records applicable to the formation, management and operation of the Civic Center Business Park (collectively, the “CCRs”) by an Association as identified in the CCRs.

As a first matter, Parcels 3 and 4 are not part of the Association and are not governed by the Association. Parcels 3 and 4 were deleted from the Association pursuant to the First Amendment to Industrial Condominium Enabling Declaration for Civic Center Business Park. If you refer to Section 1 of that document, it states that “Exhibit ‘A’ is amended by the deletion of Parcels 3 and 4 from the description of the Property.” The reference to Exhibit A is to that Exhibit in the original Industrial Condominium Enabling Declaration of Covenants, Conditions and City Council 26 – 620 1/16/2024
December 7, 2023

Page 2 of 4 ends

Hansberger & Klein, A Professional Law Corporation
27475 Ynez Rd., Suite 357, Temecula, CA 92591 | Office: 800-577-0663 | Fax: 909-498-5323 www.hkschoollaw.com
Restrictions for Civic Center Business Park (the “Original CC&RS) recorded April 19, 1985 which created the Association. The description of the property also does not include Parcels 3 and 4 in the Second Amendment to Industrial Condominium Enabling Declaration for Civic Center Business Park (see the “Legal Description” in that Second Amendment).

Regarding parking, Section 2.2.5 of the Original CC&Rs dedicated certain parking spaces to certain owners by labeling each restricted space with a “P” followed by the unit number. These spaces were reserved for the unit owner’s exclusive use. You have informed us that these markers are no longer visible.

However, apparently at one time certain spaces were so reserved, which runs contrary to any claims by the Buildings C/D owners that all parking spaces have always been available for all property owners use. The Second Amendment simply clarified further restrictions on the use of Buildings A/B Common Area by Buildings C/D owners.

The Second Amendment to Industrial Condominium Enabling Declaration for Civic Center Business Park (the “Second Amendment”) of the Original CC&Rs defines “Restricted Common Area” as “those portions of the Common Area, if any, set aside for exclusive use of any Unit Owner, pursuant to Section 2.2.5 below, and shall include the Buildings A/B Common Area and all other portions of the Buildings A/B Maintenance Area.” (See page 4 of the Second Amendment.) The Second Amendment defines the “Buildings A/B Common Area” as “those portions of the Common Area located adjacent to Buildings A and B as depicted on Exhibit D attached hereto, including exterior landscaping areas, parking areas, driveways and other pedestrian and vehicular access ways, trash enclosures and receptacles and exterior lighting within the Buildings A/B Common Area, as well as any conduits, pipes, fire and irrigation sprinklers, plumbing lines, wires and other utility installations located outside of Buildings A/B required to provide power, light, telephone, gas, water, sewerage and drainage to the Buildings A/B which exclusively serve Buildings A/B. For purposes of this Declaration, the Buildings A/B Maintenance Area shall constitute Restricted Common Area appurtenant to ownership of the condominium units within Buildings A/B.” The Second Amendment defines the “Buildings A/B Maintenance Area” as (a) the roofs, exterior walls, bearing walls, columns, girders, slabs and floors (to the unfinished surfaces thereof) and other structural elements and all other portions of Buildings A/B, (b) fire sprinkler systems, conduits, pipes, plumbing, wires and other utility installations required to provide power, light, telephone, gas, water, sewerage and drainage to Buildings A/B as well as (c) all portions of the Buildings A/B Common Area.”
City Council 26 – 621 1/16/2024
December 7, 2023

Page 3 of 4 ends

Hansberger & Klein, A Professional Law Corporation
27475 Ynez Rd., Suite 357, Temecula, CA 92591 | Office: 800-577-0663 | Fax: 909-498-5323 www.hkschoollaw.com
Exhibit D to the Second Amendment pictorially represents the Buildings A/B Common Area and Buildings C/D Common Area. As noted above, Parcels 3 and 4 are not included in the Association anymore. As such, the Buildings A/B Common Area is set aside for the exclusive use of the Buildings A/B Owner pursuant to the Second Amendment.

We have included in this letter certain information regarding the financial responsibilities of Buildings A/B and Buildings C/D to each other pursuant to the Second Amendment.

It seems clear the intent of the Second Amendment was to relieve both the Buildings A/B and Buildings C/D owners of any financial responsibility for the maintenance costs for each other’s respective buildings. Section E of the Preambles to the Second Amendment makes that plain.

We can only surmise that the Buildings C/D owners wanted to limit their financial exposure to the maintenance costs associated with Buildings A/B and, to effectuate that goal, essentially “gave up” their respective rights to the Buildings A/B Common Area. Pursuant to the Second Amendment, Buildings C/D owners were relieved of any financial obligation to maintain the Buildings A/B Common Area and, in return, ceded the exclusive use of the Buildings A/B Common Area to the Buildings A/B owners. In my opinion, that appears to be the exchange the Association contemplated by the Second Amendment. By all terms of the CCRs, this agreement, in our opinion, seems fair and reasonable; the Buildings C/D Owners cannot demand to manage the use or operation of the Buildings A/B Common Area without maintaining fiscal responsibility for those areas.

We would note that a public comment submitted on or about December 6, 2023 to the commission references a “Unanimous Written Consent of Members Document” apparently dated June 9, 1993. In response, please note the following.

First, a unanimous written consent is not a document. It is a certificate memorializing a type of corporate action used to authenticate a document. In any event, the reference to the consent appears to be a unanimous written consent used to update the Association Bylaws sometime in 1993. However, the bylaws were last updated in 2009 so any previous versions are now void. Second, the Bylaws in any event could not override or confer any legal rights separate and apart from the CC&Rs. Whatever map may have been included as an exhibit to the 1993 bylaws are therefore irrelevant as a result. Have included a copy of the 2009 Bylaws as an Enclosure to this correspondence; we received these Bylaws directly from Dr.

Wilson who, we can attest, received them from the Association’s Property Management consultant.

Based on my review of the CCRs, it is our opinion that the owners of Buildings C/D owners do not have any property rights in Parcel 1, Parcel 2 and City Council 26 – 622 1/16/2024
December 7, 2023

Page 4 of 4 ends

Hansberger & Klein, A Professional Law Corporation
27475 Ynez Rd., Suite 357, Temecula, CA 92591 | Office: 800-577-0663 | Fax: 909-498-5323 www.hkschoollaw.com
Parcel 4 that would impair Vista Charter Public School’s right to develop the property and process the Conditional Use Permit Application.

If you need anything further, please do not hesitate to let me know.

Sincerely,

HANSBERGER & KLEIN
A Professional Law Corporation
Richard J. Hansberger
Hansberger & Klein, PLC

ENCLOSURES
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City Council 26 – 647 1/16/2024
City Council 26 – 648 1/16/2024
City Council 26 – 649 1/16/2024
Sean B. Absher
415 283 2242
[email protected]
Stradling Yocca Carlson & Rauth
A Professional Corporation
44 Montgomery Street, Suite 4200
San Francisco, CA 94104
415 283 2240
stradlinglaw.com
4877-2158-0437v1/201022-0002
December 6, 2023

VIA EMAIL
Dr. Collin Felch
Deputy Superintendent
Vista Charter Public Schools
2609 West Fifth St.

Santa Ana, CA 92703
Re: Vista Charter School Phase IV; Conditional Use Permit Application; Civic Center Business Park
Dear Dr. Felch:

It is our understanding that Vista Charter Public Schools (“VCPS”) has submitted a conditional use permit application (“CUP Application”) to the City of Santa Ana concerning the Vista Charter School Phase IV project (“Project”). The Project is located on Parcel 1, Parcel 2 and Parcel 4 as legally described and shown in Parcel Map No. 84-886, filed in Book 198, Pages 19-20 of Official Records (“Parcel Map”).

With respect to the CUP Application and Project, you have asked us to evaluate what rights, if any, are held by the owners of Building C and Building D within the Civic Center Business Park that would impair VCPS’s right to develop the Project and process the CUP Application. In undertaking this evaluation, we have reviewed the original Declaration recorded April 19, 1985 as Document No. 85-240398 of Official Records, the First Amendment to original Declaration recorded January 3, 1986 of Official Records and the Second Amendment to original Declaration recorded August 10, 2016 as Document No 2016-000375684 of Official Records applicable to the formation, management and operation of the Civic Center Business Park (collectively, the “Materials”).

Based on my review of the Materials, it is our opinion that the owners of Building C and Building D do not have any property rights in Parcel 1, Parcel 2 and Parcel 4 that would impair VCPS’s right to develop the Property and process the CUP Application. First, pursuant to the First Amendment to original Declaration, Parcel 4 is no longer a part of the Civic Center Business Park. Accordingly, the owners of Building C and Building D do not hold any property rights in Parcel 4 that would impair the right of VCPS to develop the Project and process the CUP Application. Second, the owners of Building C and Building D do not hold any property rights to common area located within the Civic City Council 26 – 650 1/16/2024
Dr. Collin Felch, Deputy Superintendent
Vista Charter Public Schools
December 6, 2023

Page 2 ends

4877-2158-0437v1/201022-0002
Center Business Park that is included within the Project. Based on our review of the CUP Application, the Project includes Civic Center Business Park common area that is designated “restricted common area” and set aside and allocated for the exclusive use of Building A/B Owner” under Section 2.2.5 of the Second Amendment to original declaration. It is our understanding that VCPS is the owner of Building B and the owner of Building A supports the Project and CUP Application. We further note that Section 2.2.5 of the Second Amendment to original declaration goes on to state that “restricted common area shall constitute ‘exclusive use common area’ within the meaning of Section 6550 of the Commercial Association Act.” (Id.) Section 6550, subdivision (a) of the Commercial Association Act defines “exclusive use common area” to mean “a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.” Hence, the owners of Building C and Building D do not have any defined property rights in the exclusive use common area that is a part of the Project.

Please let me know if you have any questions, or require further information.

Very truly yours,

STRADLING YOCCA CARLSON & RAUTH
Sean B. Absher
City Council 26 – 651 1/16/2024
Sean B. Absher
415 283 2242
[email protected]
Stradling Yocca Carlson & Rauth
A Professional Corporation
44 Montgomery Street, Suite 4200
San Francisco, CA 94104
415 283 2240
stradlinglaw.com
4859-1110-7478v1/201022-0002
December 7, 2023

VIA EMAIL
Dr. Collin Felch
Deputy Superintendent
Vista Charter Public Schools
2609 West Fifth St.

Santa Ana, CA 92703
Re: Vista Charter School Phase IV Project; Civic Center Business Park Dear Dr. Felch:

This letter addresses the objections to the above referenced Project submitted by Angie Cano and Levi Cano (together “Cano”) in a letter dated December 6, 2023 to the Board of Directors of the Civic Center Business Park Owners Association. We have listed below each of the five objections raised by Cano followed by our response. To summarize, we do not believe the objections have any merit.

1. Restrictions on Erecting Fencing. (Article VII, Section 7.3 of the CC&Rs, Page 27:

Cano claims the referenced CC&Rs provision restricts the right of Vista Charter Public Schools (“VCPS”) to erect fences as shown in the Project plans. We do not agree with the argument to the extent the argument is intended to reference fencing located within Building A/B exclusive use common area. Section 7.3 of the CC&Rs in relevant part states that “no parking spaces shall be fenced off.” This provision is intended to prohibit owners of units at Civic Center Business Park from interfering with other owners’ use of common area parking. As set forth in our December 6, 2023 letter, the CC&Rs were amended under Section 2.2.5 of the Second Amendment to CC&Rs to define common area parking appurtenant to Building A and Building as “restricted common area” for the “exclusive use of Building A/B owner.” (Emphasis added.) Cano cannot assert a claim that fencing located within Building A/B exclusive use common area interferes with their rights as they have no use rights in Building A/B restricted common area, including parking areas located thereon.

2. Reciprocal Easement Agreement:

Cano claims the Reciprocal Easement Agreement explicitly prohibits the construction of barriers, City Council 26 – 652 1/16/2024
Dr. Collin Felch, Deputy Superintendent
Vista Charter Public Schools
December 7, 2023

Page 2 ends

4859-1110-7478v1/201022-0002
such as fences or walls and the Project would violate the Agreement. We disagree. The Reciprocal Easement Agreement grants to the owners of Parcel 1 and 2 non-exclusive easements for ingress and egress to public streets and highways and parking located on Parcel 3 and Parcel 4. Provided that the non-exclusive easements held by Cano are not impaired, nothing in the Reciprocal Easement Agreement prohibits the right of VCPS to develop the Project.

3. Unanimous Written Consent of Members Document June 9, 1993):

Cano claims the referenced document delineates the shared common areas, including parking spaces, and the Project playground within the common areas “would infringe upon the rights and privileges of all unit owners.” This is not correct. As discussed in our December 6th letter, the Second Amendment to the CC&Rs is the operative document concerning the rights of the owners of the Association to exclusive use common area that is appurtenant to Building A/B. As stated in our December 6th letter, Cano has no right to use any portion of Building A/B exclusive use common area, including the area of the proposed playground located on a portion of the exclusive use common area.

4. Correction Terminology misused by Legal Counsel paid by Vista Charter School:

Cano claims that VCPS, through its legal counsel, has erroneously asserted that “Restricted Area” means “Ownership.” It is Cano who misunderstands VCPS’ position with respect to Building A/B restricted common area. VCPS has not asserted it “owns” the “Restricted Area.” As set forth in our December 6th letter, the Second Amendment to CC&Rs in Section 2.2.5 altered the definition of a portion of common area on Parcel 1 and Parcel 2 that is appurtenant to Buildings A/B to mean “restricted common area” for the “exclusive use of Building A/B owner.” (Emphasis added.) The ownership rights of Cano in Association common area is irrelevant. What is relevant with respect to VCPS’s right to develop the Project is that Cano has no right to use restricted common area appurtenant to Building A/B that is contained with the Project.

5. Potential Impact to the Community:

Cano makes a claim that there are “practical implications” of the proposed Project in terms of health and safety that go beyond legal arguments based on provisions in the CC&Rs. Any health and safety issues concerning the Project will be addressed through the conditional use permit application process for the Project. This process will as a matter of law include reviewing the Project for compliance with the California Environmental Quality Act. (“CEQA”).

City Council 26 – 653 1/16/2024
Dr. Collin Felch, Deputy Superintendent
Vista Charter Public Schools
December 7, 2023

Page 3 ends

4859-1110-7478v1/201022-0002
Please let me know if you have any questions, or require further information.

Very truly yours,

STRADLING YOCCA CARLSON & RAUTH
Sean B. Absher
City Council 26 – 654 1/16/2024
City Council 26 – 655 1/16/2024
City Council 26 – 656 1/16/2024
City Council 26 – 657 1/16/2024
City Council 26 – 658 1/16/2024
City Council 26 – 659 1/16/2024
City Council 26 – 660 1/16/2024
City Council 26 – 661 1/16/2024
City Council 26 – 662 1/16/2024
City Council 26 – 663 1/16/2024
City Council 26 – 664 1/16/2024
City Council 26 – 665 1/16/2024
City Council 26 – 666 1/16/2024
City Council 26 – 667 1/16/2024
City Council 26 – 668 1/16/2024
City Council 26 – 669 1/16/2024
City Council 26 – 670 1/16/2024
Planning and Building Agency
www.santa-ana.org/planning-division/
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update

AGENDA TITLE
Ordinance Amendment No. 2023-04 Amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments; Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks; and Zoning Ordinance Amendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC Addressing Wireless Communication Facilities, Billboards, Hotels, General Restrictions, and Definitions.

Published in the Orange County Reporter on January 5, 2024.

RECOMMENDED ACTION

1. Approve first reading of an ordinance amending Article II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of ordinance to specific development amendments.

ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-24 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA

MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY

MEETINGS

2. Approve first reading of an ordinance amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks.

ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-05 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND

PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA

MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS

3. Approve first reading of a zoning ordinance amending Chapter 41 (Zoning) of the SAMC addressing wireless communication facilities, billboards, hotels, general restrictions, and definitions.

City Council 27 – 1 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 2 ends

ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2023-04 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA

ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS,

WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS,

FULL SERVICE HOTELS, AND DEFINITIONS

4. Determine that, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. As a result, Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of these ordinances.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City periodically reviews and identifies updates to the SAMC in response to public health, safety, and general welfare as well as changes to state and federal laws. Staff recently evaluated certain sections of the SAMC and identified the need for changes to Chapter 2, Chapter 14, and Chapter 41 (Zoning). On December 11, 2023, the Planning Commission voted unanimously (Commissioner Ramos absent) to recommend that the City Council approve the proposed amendments to Chapter 41. Because the proposed amendments to Chapter 2 and Chapter 14 do not implicate the Zoning Code, Planning Commission review and recommendation was not required.

On the following page, Table 1 describes the existing and proposed regulations. The proposed changes would apply citywide.

Table 1: Current and Proposed Text Regulations
Topic Existing Regulations Proposed Regulations
Sunshine Ordinance The current ordinance applies to
development projects requiring a zone
change, specific plan amendment, or
general plan amendment.

The ordinance does not include
amendments to specific development
plans, which are equivalent to
amendments to zoning districts. The
Add text to include specific development
amendments to the list of development
projects to which the ordinance applies,
making the ordinance consistent with
existing staff implementation practices.

City Council 27 – 2 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 3 ends

Topic Existing Regulations Proposed Regulations
proposed amendment will provide
clarification, making the Sunshine
Ordinance applicable to projects
proposing a specific development
amendment.

Safe and Sane
Fireworks Sales
Permits for the sale of safe and sane
fireworks are limited to nonprofit
organizations with their principal
meeting place within the City.

The ordinance lacks specificity and
the edit is needed to clarify that the
sale of safe and sane fireworks is
limited to those who serve the Santa
Ana community.

Incorporate text to clarify that:

1. Schools with affiliated organizations
and nonprofit organizations must be
located within city limits to obtain a
permit to sell fireworks.

2. Permits be limited to those benefitting
the Santa Ana community and have
75% of their members residing within
city limits.

Wireless
Communication
Facilities
Conditional use permits for major
wireless communication facilities expire
after ten (10) years and must be
renewed by approval of a new
conditional use permit by the Planning
Commission.

Such a process unnecessarily delays
approvals and adds costs for
applicants.

Revise the SAMC to assign the
Executive Director of Planning and
Building the authority to administratively
extend the original conditional use
permit subject to verification that the
facility continues to comply with Chapter
41 and the original conditions of
approval.

Billboards The separation between billboards is
1,000 feet. The separation between
billboards is one-thousand (1,000)
feet.

The zoning code does not clarify
whether the distance applies to
billboards on the opposite or same side
of the freeway.

Revise the SAMC to specify that the
minimum separation requirement
applies to billboards located on the
same side of the freeway
Hotels/Motels The SAMC, Specific Plans, and
Specific Developments currently permit
hotels/motels with approval of a
conditional use permit in specified
locations. However, there are no
codified standards for hotels.

Furthermore, some locations are well
suited for full service hotels, which
should be permitted by right.

These regulations create uncertainty
for developers, a challenging process

1. Establish standards for
hotels/motels,

2. Add a definition for “full service
hotel,”

3. Permit full service hotels in specified
zones wherein commercial, mixeduse, or professional office uses are principally permitted, and
Establish standards for full service
hotels.

City Council 27 – 3 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 4 ends

Topic Existing Regulations Proposed Regulations
for staff, and constrain opportunities for
economic development.

General Restrictions The SAMC currently states that any building or land use shall not be used
for any purpose other than that which is
permitted in the district.

This regulation leaves ambiguity and
the additional sentence is intended to
clarify that uses not expressly
permitted are prohibited.

Add text to clarify that all uses defined in
the zoning code are prohibited unless
they are expressly permitted.

Definitions Currently, the definitions section
includes duplicative definitions.

Remove duplicative definitions.

The proposed updates are discussed in more detail below.

Chapter 2 - Sunshine Ordinance
Public input is a valuable part of the discretionary approval process and the City encourages public input through the City’s Sunshine Ordinance. Currently, the Sunshine Ordinance applies to certain development projects requiring a zone change, specific plan amendment, or general plan amendment. Specific development regulations apply use and development standards for properties within the specific development plan boundaries, functioning as the zoning district in cases where there is not another applicable zoning district for the property. Amendments to specific development plans are equivalent to amendments to zoning districts. Therefore, the proposed amendment will provide clarification and codify current practices by staff that require Sunshine Ordinance applicability to projects proposing a specific development amendment.

Chapter 14 – Permits for Safe and Sane Fireworks
The current fireworks ordinance limits permits for the sale of safe and sane fireworks to be issued to nonprofit organizations with their principal meeting place within the City. The proposed amendments would require schools with affiliated organizations and nonprofit organizations to be located within city limits. In addition, the amendments would require that nonprofit organizations be limited to those primarily benefitting the Santa Ana community and have 75% of the members residing within city limits. The purpose of the amendment is to provide firework permits only to those organizations that serve the Santa Ana community and limit the permits to those organizations that have a principal meeting place within the City.

City Council 27 – 4 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 5 ends

Chapter 41 – Wireless Communication Facilities, Billboards, Hotels, and Clean Up Items In an effort to clarify language, improve procedures, establish high-quality development standards, and create a user-friendly environment for residents and the business community, the Planning Division is proposing revisions to various sections of the Zoning Code.

Wireless Communication Facilities
Pursuant to sections 41-198.3(b) and 41-198.13 of the SAMC, major wireless communications facilities require approval of a conditional use permit (CUP) and are required to be renewed every 10 years. In reviewing and processing CUP renewals for wireless communications facilities, the City must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include additional stealthing if such screening or stealthing was not required at the time of original construction and/or seismic retrofits.

At present, CUP renewals for wireless communication facilities must first submit an application for review by the City’s Development Review Committee before an application for CUP renewal can be filed, as is the case with all discretionary actions.

Once filed, the CUP renewal application request is considered for approval by the City’s Planning Commission. Considering the Middle Class Tax Relief Act limits local governments’ ability to impose additional conditions of approval on renewals and that facilities’ location, height, design, and stealthing were all reviewed under the initial entitlements, the multi-level review and application process that is appropriate for a new facility is onerous for a renewal and not responsive to the current regulatory framework.

Recognizing the onerous nature of the renewal process, the Planning Commission expressed a desire to delegate decision-making authority to the Executive Director of Planning and Building.

Amending Section 41-198.13 of the SAMC will establish an administrative review process by which the Executive Director of Planning and Building may extend approvals of CUPs for major wireless facilities, provided the site and facility remain in compliance with conditions of approval of the original entitlement. The proposed administrative renewal, if approved, would be valid for ten (10) years, and could be extended for additional ten (10) year periods thereafter upon verification that the site and facility continue to comply with the conditions of approval and the Zoning Code.

Billboards
Table 41-1131 currently requires a minimum separation between billboards, but it does not address whether the separation requirement applies to billboards on the opposite or same side of the freeway. The proposed amendment to Table 41-1131 will specify that the minimum separation between billboards is applicable to billboards on the same side of the freeway.

City Council 27 – 5 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 6 ends

Hotels/Motels
The zoning code currently defines hotels/motels. However, it does not establish applicable development, design, or operational standards. Staff proposes to establish standards that will apply to all hotels/motels. Examples include, but are not limited to, landscaping, drop-off zones, minimum use of building materials other than stucco, pedestrian protections and improvements, noise attenuation, crime prevention, and management.

In an effort to promote development of highly amenitized, full service hotels, staff proposes creating a new use and definition for “full service hotels” and permitting these types of hotels by right in zoning districts where other uses with similar impacts are already permitted by right when they:
• Complement and enhance community character,
• Are designed and operated in a manner that protects public health, safety, and general welfare,
• Meet local design standards, and
• Contribute to the local economy.

Additionally, the definition will require that these types of hotels provide at least one full service restaurant of not less than 2,500 square feet and four additional amenities including a fitness center, an assembly area, a swimming pool, and regular shuttle service to regional destinations.

Full service hotels will be subject to the standards applicable to “hotels/motels” in addition to newly established standards specific to “full service hotels” that include architectural and design elements, minimum housekeeping schedules, and lobby requirements. Together, the amenities required by the definition and applicable design, development, and operational standards are intended to promote economic activity by streamlining permitting and development of these highly amenitized, full service hotels in activity nodes of the City while mitigating any potential impacts to surrounding uses.

Table 2 below illustrates which zoning districts currently permit hotels by right and subject to a CUP. The table also illustrates in which zoning districts the proposed ordinance would permit full-service hotels by right and hotels/motels subject to a CUP.

City Council 27 – 6 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 7 ends

Table 2: ZOA No. 2023-04 – Current and Proposed Hotels/Motels and Full-Service Hotels Uses Permitted
Zoning Districts Hotel/Motel Full-Service
Hotel
Current Proposed Proposed
Professional (P) - CUP P
Community Commercial (C1) CUP No Change P
Community Commercial-Museum
District (C1-MD)
CUP No Change P
Arterial Commercial (C5) CUP No Change P
Commercial Residential (CR) CUP No Change P
South Main Street Commercial District
(C-SM)
CUP No Change P
Village
Center
P - P
Active
Urban
P - P
Metro East Mixed Use
Overlay Zone (MEMU)
Office CUP - P
Transit
Node
Harbor Corridor Mixed P No Change -
Use Transit Corridor
Specific Plan (SP2) Corridor P No Change -
MainPlace Specific Plan (SP4) P No Change -
Specific Development No. 43 (The
MacArthur Place District Center)
P No Change -
Transit
Village
P No Change -
Downtown P No Change -
Urban
Center
P No Change -
Specific Development
No. 84 (Transit Zoning
Code)
Corridor P No Change -
Specific Development Zone II P - P
No. 8 Zone III - - P
CUP: Permitted Subject to Approval of a Conditional Use Permit P: Permitted by-right
- : Not permitted
General Restrictions
The City employs a permissive zoning ordinance. A permissive zoning ordinance lists all the uses that are permitted within a given district and everything that is not specifically listed is prohibited. SAMC Section 41-190 (General Restrictions) establishes that “no building shall be erected, reconstructed, or structurally altered except in conformance to the provisions contained herein; nor shall any building or be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located.” Staff proposes adding a sentence to clarify that all uses defined in Division 2 of Article 1 of the SAMC not expressly permitted are prohibited.

City Council 27 – 7 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 8 ends

Definitions
In reviewing Chapter 41 of the SAMC, two sets of duplicative definitions were identified.

One pertained to long-term stay business hotels and the other pertained to transient/residential hotels. Staff proposes to remove the duplicative definitions.

GENERAL PLAN CONSISTENCY
The proposed modification to Chapter 2 of the SAMC is consistent with the City’s General Plan. Provisions for public input on specific development amendments will enable community members to participate in the decision-making process, consistent with Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to facilitate community engagement.

The proposed modification to Chapter 14 of the SAMC is consistent with the City’s General Plan. By limiting issuance of permits for safe and sane fireworks, the City may minimize risk, consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to preserve a safe and secure environment. The modification is also consistent with General Plan Community (CM) Element Goal CM-3, Policy CM-3.5 (Community Spaces), which is intended to encourage positive community interactions and neighborhood pride and promote safe public spaces.

The proposed modifications to Chapter 41 (Zoning) are consistent with the City's General Plan. The streamlining of the approval process for extending wireless communication facilities will reduce costs and expedite development, consistent with promotion of business friendly practices included in General Plan Economic Prosperity (EP) Element Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process). The clarification of incompatible uses in the General Restrictions section promotes land use compatibility, consistent with General Plan Land Use (LU) Element Goal LU-1 (Grow Responsibly), Policy LU-1.1 (Compatible Uses). The revised billboard standards will minimize detrimental visual impacts in accordance with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment). The introduction of hotel standards and the facilitation of full-service hotel development align with objectives in Land Use Element Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending) and Policy LU2.4 (Cost and Benefit of Development). The policies encourage a range of commercial uses to capture local spending, balance development benefits, promote the city's image, and encourage streamlined development processes, respectively.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a City Council 27 – 8 1/16/2024
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024

Page 9 ends

"project," as defined in Section 15378 of the CEQA Guidelines. As a result Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of this ordinance.

FISCAL IMPACT
There is a direct fiscal impact associated with this action. Establishing a new permit type for extension of wireless communication facility CUPs will result in additional costs to the City from administration of the ordinance. Consequently, and consistent with past practices for similar amendments, staff will bring forward a resolution establishing a new Miscellaneous Fee to recover costs at a future meeting following adoption of the subject ordinance amendments.

EXHIBITS

1. Ordinance for OA No. 2023-04 (Sunshine Ordinance)

2. Ordinance for OA No. 2023-05 (Fire Protection and Prevention and Emergency Services)

3. Ordinance for ZOA No. 2023-04 (Zoning)

4. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 27 – 9 1/16/2024
Ordinance No. NS-XXX

Page 1 of 4 ends

ORDINANCE NO. NS-XXX
ORDINANCE AMENDMENT NO. 2023-04 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION)

OF THE SANTA ANA MUNICIPAL CODE RELATING TO

PUBLIC INPUT THROUGH COMMUNITY MEETINGS

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

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

A. On October 15, 2012, the City Council enacted the Sunshine Ordinance as found in Chapter 2 (Administration) of the Santa Ana Municipal Code (SAMC) to ensure that the people of Santa Ana remain in control of the government they have created.

B. Periodically, the City Council has adopted amendments to the Sunshine Ordinance to expand the number of required meetings, increase the notification radius, establish meeting format and presentation requirements, and make clarifying edits to application processing timelines.

C. In 2023, City of Santa Ana (“City”) staff reviewed the Sunshine Ordinance and identified the need to clarify applicability to add specific development amendments.

C. Ordinance Amendment No. 2023-04 amends Chapter 2 (Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by adding specific development amendments to the list of development projects types to which the Sunshine Ordinance applies.

D. The proposed amendment is consistent with the General Plan of the City.

Modification to the section regarding public input through community meetings prior to discretionary approval is consistent with General Plan Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to “facilitate community engagement and dialogue in policy decisions and outcomes affecting land use and development.” By clarifying applicability to include specific development amendments, the City enables public input opportunities during the discretionary approval process.

E. On January 16, 2024, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-04.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and City Council 27 – 10 1/16/2024
Ordinance No. NS-XXX

Page 2 of 4 ends

Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-125, will be filed upon adoption of this ordinance.

Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows:

Sec. 2-153. – Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one (1) or more of the following criteria:
(1) City-sponsored development projects;
(2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one (1) or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal;
(3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act;
(4) Development projects requiring a zone change, specific plan amendment, specific development amendment, or general plan amendment.

Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 5. This ordinance shall become effective thirty (30) days after its adoption.

City Council 27 – 11 1/16/2024
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Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2024.

_________________________
Valeria 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 27 – 12 1/16/2024
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CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 27 – 13 1/16/2024
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ORDINANCE NO. NS-XXX
ORDINANCE AMENDMENT NO. 2023-05 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 14
(FIRE PROTECTION AND PREVENTION AND

EMERGENCY SERVICES) OF THE SANTA ANA

MUNICIPAL CODE RELATING TO SAFE AND SANE

FIREWORKS

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

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

A. On an ongoing basis, City of Santa Ana (City) staff review and analyze various chapters of the Santa Ana Municipal Code (SAMC). In an effort to protect public health, safety, and welfare, the Building Safety Division is proposing revisions to the Municipal Code.

B. Ordinance Amendment No. 2023-05 amends Chapter 14 (Fire Protection and Prevention and Emergency Services), and Section 14-56 (Permits, issuance) addressing issuance of permits for safe and sane fireworks.

C. The amendments will enable the City to implement a regulatory framework and clarify eligibility criteria to be issued a permit for the sale of safe and sane fireworks.

D. The amendments are consistent with the General Plan of the City. Modification to the permits section pertaining to fireworks is consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to “preserve a safe and secure environment for all people and property.” By limiting issuance of permits for the sale of safe and sane fireworks, the City may minimize risk.

E. On January 16, 2024, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-05.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-126, will be filed upon adoption of this ordinance.

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Section 3. Section 14-56. Permits, issuance of Chapter 14 of the SAMC is hereby amended to read as follows:

Sec. 14-56. Permits, issuance.
(a) Permits for the sale of safe and sane fireworks shall be issued only to: (i) organizations officially affiliated with and officially recognized by an elementary school, middle school, high school, community college, and/or school district which is located within the boundaries of the City; or (ii) bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes located within the City limits and primarily benefiting the Santa Ana community, with their principal and permanent meeting place within the City of Santa Ana, and at least fifty (50)seventy-five (75) per cent of the members or youth members for sports related organizations residing within the city limits. Each such organization shall have been organized and established within the City’s corporate limits for minimum of one (1) year continuously preceding the filing of the permit application.
(b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. If more than one permit application is submitted, the City may disregard one, or all, of the permit applications at its sole discretion.
(c) Such permits shall expire on July 4th at 8:00 p.m. of the year of issuance.

Section 5. This ordinance shall become effective thirty (30) days after its adoption.

Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page]
City Council 27 – 15 1/16/2024
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ADOPTED this _______ day of ___________, 2024.

_________________________
Valeria Amezcua
Mayor

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CERTIFICATE OF ATTESTATION AND ORIGINALITY

Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 27 – 17 1/16/2024
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ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2023-04 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE

RELATING TO GENERAL RESTRICTIONS, WIRELESS

COMMUNICATION FACILITIES, BILLBOARDS,

HOTELS/MOTELS, FULL SERVICE HOTELS, AND

DEFINITIONS

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

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

A. On an ongoing basis, City of Santa Ana (City) staff review and analyze Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). In an effort to establish highquality development standards, create a user-friendly zoning code for residents and the business community, and to implement various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code.

B. After a thorough analysis of the current code requirements in the City, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the City and limits undue strain on home owners, business operators and developers.

C. Zoning Ordinance Amendment No. 2023-04 amends and adds various sections of Chapter 41; including Section 41-190 (General restrictions), Section 41-198.13 (Same – Conditional use permit expiration), Section 41-1130 (Permitted locations), Table 41-1131 (Digital Billboard Development Standards) of Section 41-1131 (Development standards), Section 41-61 (Full Service Hotel), Section 41-199.5 (Hotels/Motels), 41-199.6 (Full Service Hotels), Section 41-54 (Long-term stay business hotel), Section 41-139 (Transient/residential hotel), Section 41-313 (Uses permitted in P district), Section 41-313.5 (Uses subject to a conditional use permit in the P district), Section 41-365 (Uses Permitted in the C1 district), Section 41-375.1 (Uses permitted in the C1-MD district), Section 41-424 (Uses permitted in the C5 district), Section 41-442 (Uses permitted in the CR district), Section 41- 521 (Uses permitted in the C-SM district), subsection B. (Permitted Uses) in the Site Requirements Section in Specific Development No. 8, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone.

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D. The proposed amendments are consistent with the General Plan of the City.

Specifically, the proposed amendments are consistent with the following goals and policies:
a. Modification to the section pertaining to wireless communication facilities is consistent with General Plan Economic Prosperity (EP) Element Goal EP3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which promotes streamlined development processes. By creating an administrative process for extending the approval of wireless communication facilities to replace the previous requirement for a new conditional use permit, the City will reduce the time for and cost of extension approvals.
b. Modification to the General Restrictions section is consistent with General Plan Land Use (LU) Element Goal LU-1 (Growing Responsibly), Policy LU1.1 (Compatible Uses), which seeks to foster compatibility between land uses. The change to General Restrictions clarifies incompatible uses that are not permitted.
c. Modifications to sections pertaining to billboards are consistent with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment), which intends to ensure that signs are situated to minimize detrimental impacts.

The change to the billboard standards will result in billboard construction that minimizes visual impacts.
d. Modifications to sections pertaining to hotels and full service hotels are consistent with General Plan Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending), which encourages a range of commercial uses to capture local spending; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.4 (Cost and Benefit of Development), which seeks to balance the benefits of development; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.8 (City Image), which encourages land uses and development that promote the city’s image as a business-friendly regional center; General Plan Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which provides for streamlined development processes. The addition of standards for hotels and facilitating full service hotel development will increase tourism-related local spending, maximize the benefits of hotels while minimizing impacts, promote the city’s image, and enable construction of full service hotels by right.

E. On December 11, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04.

F. On January 16, 2024, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04.

City Council 27 – 19 1/16/2024
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Section 3. Section 41-190 (General restrictions) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-190. - General restrictions.

Except as hereinafter provided:
(a) No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited.
(b) No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located.
(c) No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter. (d) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.
(e) Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one lot except as provided herein. (f) Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts.

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Section 4. Section 41-198.13. (Wireless communication facility – Conditional use permit expiration) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-198.13. - Same – Conditional use permit expiration Approval Term.

Each major wireless communication facility approved pursuant to this article shall be approved valid for a period not to exceed an initial maximum period of ten (10) years.

The approval may be administratively extended by the Executive Director of Planning and Building, or his/her designee, from the initial approval date for a subsequent ten (10) years and may be extended by the director, or his/her designee, every ten (10) years thereafter upon verification that the facility continues to comply with this chapter and conditions of approval under which the facility was originally approved. Costs associated with the review process shall be borne by the service provider, permit holder, and/or property owner. The service provider, permit holder, and/or property owner shall submit an application together with a non-refundable processing fee in an amount established by resolution of the City Council.

Section 5. Section 41-1130 (Permitted locations) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-1130. - Permitted locations.

New and reconstructed billboards, and the conversion of existing freeway oriented on-premise advertisement signs to a digital billboard:
(a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one-hundred fifty (150) feet for mixed-use districts by the Planning Commission through the approval of a Conditional Use Permit.
(d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans).
(e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan.
(f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (I-5) Freeway between Main Street and Grand Avenue.

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Section 6. Section 41-1131 (Development standards) of the SAMC is hereby amended as follows:

Sec. 41-1131. - Development standards.
(a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued.

These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions.
(b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited.
(c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards.

Table 41-1131 Digital Billboard Development Standards
Standard
Maximum Sign Area/Face As allowed by Caltrans
Maximum Number of Faces Two (2)
Maximum Height Sixty (60) feet(1)
Spacing Between Billboards One-thousand (1,000) feet(2) Number of Vertical Supports One Vertical Support(3)
Notes:

1. Measured from nearest adjacent curb level on the site on which the sign is constructed. May be modified through Planning Commission approval of a Conditional Use Permit.

2. The minimum separation between billboards located on the same freeway side shall be one-thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard’s vertical support.

3. All conduits, cables and appurtenances shall be concealed within the vertical support.

Section 7. Division 2 (Definitions) of Chapter 41 of the SAMC is hereby amended to add Section 41-61. to read as follows:

Secs. 41-61. - Full Service Hotel. - 41-63 - Reserved
A full service hotel is a building, or portion of a building, other than a care home, which is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such full-service hotel differs from a hotel/motel in that it provides the minimum following onsite amenities:

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(a) At least one full-service, 2,500-square-foot restaurant, inclusive of kitchen and dining areas;
(b) A minimum 500-square-foot fitness center with a minimum of eight pieces of stationary exercise equipment;
(c) A minimum 2,500-square-foot assembly facility for banquets, conferences, meetings, and other similar purposes;
(d) A minimum 500-square-foot swimming pool; and
(e) Regular shuttle service for hotel patrons to regional destinations.

Secs. 41-62—41-63 – Reserved.

Section 8. Article II (Use Districts—General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.5 to read as follows:

Sec. 41-199.5. - Hotels/Motels.

All hotels/motels shall be subject to the following:
a. Building Landscaping. A five (5) foot minimum landscaped area shall be provided to separate ground floor units from pedestrian walkways, project amenities and drive aisles/parking areas.
b. Drop-off Zones. A porte-cochere and/or covered drop-off zone for vehicles and pedestrians, independent of drive aisles, shall be provided to accommodate guest loading and drop-off and serve as the formal entry to the hotel. This requirement may be waived by the Planning Manager for locations where zero lot line development is permitted.
c. Interference with Pedestrian Movement. Driveways, garage ramps, or loading and service areas shall not be located where they interfere with the flow of pedestrian movement or impact the privacy of guest rooms. d. Pedestrian Entrances. All public pedestrian entrances shall incorporate arcades, roofs, alcoves, porticos and/or awnings that protect pedestrians from the sun and weather. This requirement shall not apply to drop-off zones or loading areas.
e. Pedestrian Walkways. The primary pedestrian walkway shall be a minimum of eight (8) feet wide. Primary walkways are those that connect a pedestrian from the street to the main entry and from the building to any on-site amenities. All other secondary walkways are to be a minimum of four (4) feet in width exclusive of vehicle overhang.
f. Exterior Building Materials. The exterior building materials shall include natural stone (marble, granite, slate, etc.), cultured stone, brick, synthetic brick, City Council 27 – 23 1/16/2024
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architectural panels, wood, imitation-woodgrain boards/panels and/or other materials as approved by the Planning Manager. Such materials shall be incorporated into a minimum of seventy percent (70%) of the visible elevations on each side of the building.
g. Equipment Screening. All outside equipment such as air conditioners, pool equipment, satellite dishes, etc., shall be screened from view by a masonry screening wall and landscaping. Individual portable window mounted air conditioning units are prohibited.
h. Air Conditioning Units. Air conditioning units shall not project forward from walls and the face grill or covering shall be integral and architecturally compatible with the building.
i. Noise – Mechanical Equipment. Mechanical equipment of all types, (e.g., swimming pool equipment) shall be located within a building to ensure that the resulting noise would not be heard at any adjacent residential property line. j. Noise – Attenuation. Hotels are quasi-residential uses and shall be designed and sited to minimize the effect of noise from neighboring commercial activities.

Noise attenuation techniques shall be included in the design of structures near major noise generators (e.g., major streets).
k. Screening of Delivery and Loading Areas. Delivery and loading areas shall be screened from and shall not be aesthetically or audibly disruptive to neighboring residential uses.
l. Location of Recreational Facilities. Recreational facilities (e.g. swimming pools) shall be located where guests may use them in some privacy. “Day passes” or other similar access for non-guests in exchange for financial compensation are prohibited. Such prohibition does not apply to day spas which are designed to accommodate day use with the provision of changing rooms and lockers. m. Crime Prevention. Hotels shall provide good visibility in all public areas, open space areas, and driveway entrances from public streets, driveway intersections, and parking lots. Lighting shall be used to create safe and secure public areas while illuminating only those areas for which lighting is designed, and shall be designed to reduce glare and not affect adjacent uses. n. Architecture – Balconies, Stairways, and Walkway Railings. Balconies, stairways, walkway railings and other similar details shall be visually substantial and stylistically compatible with the basic design of the structure. o. Interior Corridors. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or entryways individually equipped with some form of security-controlled access system.

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p. Pre-wired Rooms. Each guest room shall be pre-wired with telephone, cable television, and internet service.
q. Management. On-site management shall be available twenty-four (24) hours a day, seven (7) days a week.
r. Housekeeping. Not less than weekly housekeeping service shall be provided for each guest room. “Housekeeping service” means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels.
s. Room Rental. No hotel room shall be rented more than once in a twenty-fourhour period. t. Record Keeping. All hotel/motels shall maintain daily records reflecting the names and permanent addresses of all hotel/motel guests, as verified by valid driver’s license or other valid identification along with the license number, state of license, make, model, and year of any guest’s vehicle parked on-site, corporate account information, guest names, the dates of occupancy, length of stay, and room rate. This registration information shall be maintained for at least one year past the last day of stay for each guest and shall be made available for review by any duly sworn peace officer of the city, state, or federal government or any authorized official of the city’s code enforcement or finance department during normal business hours. Any person who knowingly or intentionally misrepresents any material facts required in this subsection shall be deemed guilty of a misdemeanor.

Section 9. Article II (Use Districts—General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.6 to read as follows:

Sec. 41-199.6. - Full Service Hotels.

Full service hotels complement community character; are designed and operated in a manner that protects public health, safety, and general welfare; and contribute to the local economy by offering a full service restaurant and additional amenities and services.

Full service hotels are subject to the standards established in Section 41-199.5. and the following:
(a) Primary building entrances are to be defined and treated as a signature element of the building and articulated with architectural elements such as pediments, exaggerated height, columns, porticos, and/or overhangs. (b) All full service hotels shall provide at least one outdoor design element such as, but not limited to a water feature, sculpture, or public art at or near the building entrance. Any such design element shall be designed in proportion to the primary building entrance, visually substantial, and stylistically compatible with the basic design of the structure.

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(c) Housekeeping. Not less than daily housekeeping service shall be provided for each guest room. “Housekeeping service” means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels.
(d) Lobby. A minimum of 1,000 square feet of interior floor area shall be devoted to a lobby with a minimum interior ceiling height of twelve (12) feet.

Section 10. Section 41-54 (Long-term stay business hotel) of Chapter 41 of the SAMC is hereby removed as follows:

Sec. 41-54 – Long-term stay business hotel.

A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.

Section 11. Section 41-139 (Transient/residential hotel) of Chapter 41 of the SAMC is hereby removed as follows:

Sec. 41-139. – Transient/residential hotel
A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transient/residential hotel utilize it as their primary residence (for purposes of this section the term “primary residence” shall have the same definition as under California Health & Safety Code section 50519(b)1)). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty-five (25) per cent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, other business entity for occupancy which exceeds twenty-eight (28) days or twenty-eight (28) days in any 60-day consecutive period shall be deemed to be a transient/residential hote. No transient/residential hotel may be established in the city after June 7, 1999 unless:
(1) It was existing on June 7, 1999; and
(2) It is permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use.

Section 12. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended as follows:

Sec. 41-313. - Uses permitted in the P district.

The following uses are permitted in the P district:
(a) Professional, business, and administrative offices where no merchandise is sold.

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(b) Banks, savings and loan offices, credit unions, and mortgage and finance companies.
(c) Travel agencies.
(d) Medical offices.
(e) Art galleries, art and photography studios.
(f) Museums and science centers.
(g) Print and copy services.
(h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities.
(i) Daycare centers.
(j) Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drivethrough facilities and excluding any eating establishment specified in section 41- 313.5.
(l) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter.

Section 13. Section 41-313.5. (Uses subject to a conditional use permit in the P district) of the SAMC is hereby amended as follows:

Sec. 41-313.5. - Uses subject to a conditional use permit in the P district.

The following may be permitted in the P district, subject to the issuance of a conditional use permit:
a. Convalescent hospitals, nursing homes, rest homes and extended care facilities.
b. Hospitals.
c. Trade and professional schools.
d. Health clubs and gymnasiums.

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e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services.
g. Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area.
h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.
i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1.
j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.
k. Adult day care facilities.
l. Clubs, fraternities and lodges.
m. Bail bond uses, subject to development and operation standards set forth in section 41-323.
n. Churches and accessory church buildings.
o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324.
p. Medical offices operated by government, government-subsidized, not-forprofit, or philanthropic entities. q. Hotels/motels.

Section 14. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended as follows:

Sec. 41-365. - Uses permitted in the C1 district.

The following uses are permitted in the C1 district:
(a) Retail and service uses.
(b) Professional, business, and administrative offices.

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(c) Automobile parking lots and parking structures.
(d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings.
(f) Mortuaries.
(g) Theaters.
(h) Hospitals, clinics, and sanitariums.
(i) Animal hospitals and veterinaries.
(j) Plant nurseries.
(k) Gymnasiums.
(l) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5.
(o) Schools and studios operated for commercial or public purposes. (p) Daycare centers.
(q) Service stations.
(r) Automobile servicing.
(s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3.
(t) Medical offices.
(u) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter.

Section 15. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter 41 of the SAMC is hereby amended as follows:

Sec. 41-375.1. - Uses permitted in the C1-MD district.

The following uses are permitted in the C1-MD district:

City Council 27 – 29 1/16/2024
Ordinance No. NS-XXX

Page 13 of 17 ends

(a) Retail and service uses, other than those specified in section 41-375.2. (b) Professional, business, and administrative offices where no merchandise is sold. (c) Medical offices.
(d) Theaters and cinemas.
(e) Gymnasiums and health clubs.
(f) Travel agencies, with no embarking or disembarking of passengers. (g) Art galleries and art and photography studios.
(h) Museums and science centers.
(i) Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. (j) Daycare centers.
(k) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter.

Section 16. Section 41-424. (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended as follows:

Sec. 41-424. - Uses permitted in the C5 district.

The following uses are permitted in the C5 district:
(a) Professional, business, and administrative offices. (b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Daycare centers.
(i) The printing, publishing, and circulation of a newspaper, including plant and office.

City Council 27 – 30 1/16/2024
Ordinance No. NS-XXX

Page 14 of 17 ends

(j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs.
(l) Medical offices.
(m) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter.

Section 17. Section 41-442. (Uses permitted in the CR district) of Chapter 41 of the SAMC is hereby amended as follows:

Sec. 41-442. - Uses permitted in the CR district.

The following uses are permitted in the CR district:
(a) Retail and service uses.
(b) Professional offices.
(c) One-family, two-family, and multiple-family dwellings. (d) Resident managers' offices devoted solely to the rental of dwelling units on the site, provided that said office and surrounding grounds shall retain a residential character if located within residential areas.
(e) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.
(f) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter.

Section 18. Section 41-521. (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended as follows:

Sec. 41-521. - Uses permitted in the C-SM district.

The following uses are permitted in the C-SM district:
(a) Retail and service uses.
(b) Professional, business, and administrative offices. (c) Public parking lots and parking structures.
(d) Animal hospitals and veterinarians.
(e) Gymnasiums, health clubs, and martial arts studios.

City Council 27 – 31 1/16/2024
Ordinance No. NS-XXX

Page 15 of 17 ends

(f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities.
(h) Schools and studios operated for commercial or public purposes. (i) Daycare centers.
(j) Art galleries, museums and exhibit halls.
(k) Plant nurseries.
(l) Theaters.
(m) Furniture stores.
(n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses.
(o) Medical offices.
(p) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter.

Section 19. The permitted uses in Zone III of subsection B. Permitted Uses in the Site Requirements Section in Specific Development No. 8 is hereby amended as per Exhibit A of this Ordinance to include full service hotels subject to development and operational standards set forth in sections 41-1995.5 and 41-199.6 of Chapter 41 of the SAMC.

Section 20. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East MixedUse Overlay Zone is hereby amended per Exhibit B of this Ordinance to replace reference to “Hotel” with “Full service hotel,” to permit the use by right in the Office District, and to add reference to applicable development and operational standards in Chapter 41 of the SAMC.

Section 21. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

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

City Council 27 – 32 1/16/2024
Ordinance No. NS-XXX

Page 16 of 17 ends

Section 23. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2024.

_________________________
Valeria Amezcua
Mayor

Page 17 of 17 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY

Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 27 – 34 1/16/2024
1 EXHIBIT A
SPECIFIC DEVELOPMENT NO. 8
(new language underlined, deleted language shown in strikeout for tracking purposes) B. Permitted Uses
The following uses shall be permitted in Zone I:
1) Professional Offices:
a. Accountants.
b. Attorneys.
c. Dentist, doctors and related professions.
d. Engineers, architects and planners.
e. Research and development facilities.
f. Private trade, vocational or professional schools.
2) Business offices, including but not limited to:
a. Advertising agencies.
b. Banks or other financial offices.
c. Employment agencies.
d. Escrow and real estate companies.
e. Insurance companies.
f. Corporate headquarters.
g. Photographers, artist, etc.
h. Travel agencies.
i. Computer or computer training centers.
3) Laboratories except those, which emit offensive odors, vibrations, or may be hazardous to the public.

City Council 27 – 35 1/16/2024
2 4) Political, civic and charitable organization uses, which shall not include bingo or other gaming activities.
5) Restaurants.
6) Union Halls.
7) Museums, art galleries and libraries.
8) Religious meeting halls.
9) Day care and child care facilities, nurseries, etc.

The following uses shall be permitted in Zone II:
1) All uses within Zone I.
2) Minimal impact light industry.
3) Full service hotels, motels and associated shops and services related to the full service hotel or motel uses., subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code. 4) Retail, with a maximum of two tenants per building.
5) Furniture and bulk merchandise stores with a maximum of two tenants building.

The following uses shall be permitted in Zone III:
1) Professional Offices.
a. Accountants.
b. Attorneys.
c. Dentist, doctors and related professions.
d. Engineers, architects and planners.
e. Research and development facilities.
2) Business offices, including but not limited to:
a. Advertising agencies.
b. Banks or other financial offices.

City Council 27 – 36 1/16/2024
3 c. Employment agencies.
d. Escrow and real estate companies.
e. Insurance companies.
f. Corporate headquarters.
g. Photographers, artist, etc.
h. Travel agencies.
3) Commercial uses, including:
a. Food and retail uses excluding drive through facilities. 4) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code.

The following uses shall be permitted in Zone III with a Conditional Use Permit:
a. Dancing or entertainment ancillary to a permitted restaurant use. b. The serving of alcohol in conjunction with a permitted food/restaurant use.

City Council 27 – 37 1/16/2024
metro east mixed-use overlay zone 10
Table 3: Permitted Land Uses The allowable uses are established by letter designations as follows:

Neighborhood Transitional District
Village Center District
Active Urban District
Office District*
P Permitted by right
N Prohibited
NA Not Applicable
CUP Conditional Use Permit required
LUC Land Use Certificate required
Special Provisions (references to other
applicable code sections or
limitations)
Residential Uses
Live/Work Units P P P N Subject to Sec. 4.1.2 of this division Multiple-Family Residential P P N
Non-Residential Uses
Art galleries and studios including, but not limited to:
photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting

P P P P
Eating establishments, (cafes, restaurants) P P P CUP for liquor sales, after hours operation Bakeries P P P
Retail and Service uses P P P
Medical and Dental offices P P P P
Professional, administrative and business offices P P P P Daycare centers P P P P
Gymnasiums and health clubs N P P CUP
Full service hotels Hotels N P P CUP
Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Schools N P P N
Temporary outdoor activities LUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P P P
Use/Operational Standards
Drive through establishments N N N N Neighborhood Transitional Village Center Active urban Office

4.1 LAND USES
The MEMU Overlay Zone sets forth specific uses to
be allowed within each district, as shown in Table 3,
subject to a MEMU Site Plan Review approval by the
Planning Commission. Any use that is not specified as
permitted or conditionally permitted within the MEMU
Overlay Zone is prohibited unless a determination is
made by the Executive Director of Planning that the
proposed use is compatible with the overall intent and
character of the MEMU Overlay Zone as specified in
Section 41-601(c) of the Santa Ana Municipal Code
(SAMC).

Tattoo establishments N P P N Subject to Sec. 41-199.3 of the SAMC Religious Institutions

LUC LUC LUC
P Subject to Sec. 4.1.3 of this division
P

CUP CUP CUP CUP
P
P
Massage establishments N CUP CUP N Subject to Article XVII.I of Chapter 41 of the SAMC

EXHIBIT B
Subject to sections 41-199.5 and 41-199.6 of the SAMC
City Council 27 – 38 1/16/2024

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.

The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.

NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.

Proposed Action: The City of Santa Ana is proposing to adopt ordinances amending: 1. Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC); 2. Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC; and 3. Various sections of Chapter 41 (Zoning) of the SAMC related to wireless communication facilities, billboards, hotels, definitions, and general restrictions.

Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review pursuant to Section 15060(c)(2) and Section 15060(c)(3) because the action will not result in direct or reasonably foreseeable indirect physical change to the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Meeting Details: This public hearing will be held on Tuesday, January 16, 2024, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/agendas-and-minutes/.

Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701.

Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record.

Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/.

Who To Contact For Questions: Should you have any questions, please contact Siri Champion with the Planning and Building Agency by phone at (714) 667-2751 or by email at SChampion@santaana.org.

City Council 27 – 39 1/16/2024
Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.

Si tiene preguntas en 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.

Jennifer L, Hall, CMC
City Clerk
Publish: Orange County Reporter – Legals Section
Date: January 5, 2024
City Council 27 – 40 1/16/2024
HOUSING AUTHORITY 1 December 5, 2023
DRAFT Minutes of the Regular Meeting
of the Housing Authority
Santa Ana, California
December 5, 2023

CALL TO ORDER
MINUTES: Chair Amezcua called the Regular Housing Authority Meeting to order at 6:34 P.M.

ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall

ROLL CALL
MINUTES: Secretary Jennifer L. Hall conducted Roll Call.

Chair Amezcua, Vice Chair Lopez, and Authority Members Bacerra, Hernandez, Penaloza, Phan, and Vazquez were present.

ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
MINUTES: None.

City Council 2 – 1 1/16/2024
HOUSING AUTHORITY 2 December 5, 2023
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

MINUTES: No public comments were received regarding the Housing Authority agenda.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.

MINUTES: At 6:35 P.M., the Consent Calendar was considered.

MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Vice Chair Lopez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER

HERNANDEZ, AUTHORITY MEMBER PENALOZA,

AUTHORITY MEMBER PHAN, AUTHORITY MEMBER

VAZQUEZ, VICE CHAIR LOPEZ, CHAIR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 - Pass

1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency (General Fund and NonGeneral Fund) Department(s): Community Development Agency

CONSENT CALENDAR
City Council 2 – 2 1/16/2024
HOUSING AUTHORITY 3 December 5, 2023
Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a three-year term beginning January 1, 2024 and expiring December 31, 2026 with an option of two one-year extensions, subject to nonsubstantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item #9) (Agreement No. A-2023-223).
**END OF CONSENT CALENDAR**

HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.

ADJOURNMENT – Adjourn the Housing Authority meeting.

MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 6:36 P.M.

Respectfully submitted:
__________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 3 1/16/2024
Community Development Agency
santa-ana.org/community-development
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Housing Successor Annual Report: FY 2022-23

AGENDA TITLE
Housing Successor Annual Report for FY 2022-23 – Low and Moderate Income Housing Asset Fund

RECOMMENDED ACTION
Receive and file.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Pursuant to the Dissolution Act, on January 9, 2012 the City Council designated the Housing Authority as the Successor Housing Agency to the dissolved Community Redevelopment Agency of the City of Santa Ana (RDA). Effective February 1, 2012, the Housing Authority retained the housing assets, duties, functions, and obligations of the former RDA and continued to complete the housing development projects encumbered prior to the dissolution of the RDA.

Senate Bill (SB) 341, signed by the Governor on October 1, 2013, amended the Health and Safety Code (HSC) Section 34176 and addresses functions to be performed by the housing successor agencies. This bill, effective January 2014, required all housing successor agencies to provide an annual report to its governing body within six months after the end of the fiscal year, starting with FY 2013-14. Among the requirements is an independent financial audit of the Low and Moderate Income Housing Asset Fund (LMIHAF), and information regarding specific housing financial data and activities. The independent financial audit of the LMIHAF was not completed in time to place on the December 19, 2023 City Council meeting, therefore, this report was delayed. The financial audit is included in the City’s Annual Comprehensive Financial Report (ACFR) for FY 2022-23, as prepared by the Finance and Management Services Agency and posted on the City’s website at https://www.santa-ana.org/financial-reports/.

Assembly Bill (AB) 1793, signed by the Governor on September 27, 2014, further amended HSC Section 34176.1 to require housing successor agencies to include additional information on homeownership units assisted by the former RDA or housing successor that are subject to covenants or restrictions. The FY 2017-18 annual report City Council 3 – 1 1/16/2024
Housing Successor Annual Report: FY 2022-23
January 16, 2024

Page 2 ends

included this additional information and any changes that occurred in the last fiscal year are identified in the FY 2022-23 annual report (Exhibit 1).

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

EXHIBIT(S)

1. Housing Successor Annual Report FY 2022-23
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 3 – 2 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 1

HOUSING SUCCESSOR ANNUAL REPORT

REGARDING THE

LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2022-2023

PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)

FOR THE

HOUSING AUTHORITY OF THE CITY OF SANTA ANA
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of January 16, 2024. This Report sets forth certain details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during Fiscal Year 2022-2023 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).

The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund, as incorporated in the City of Santa Ana’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2022-2023 (Fiscal Year) as prepared by CliftonLarsonAllen LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law:

I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.

II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.

IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.

EXHIBIT 1
City Council 3 – 3 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 2 V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project.

VIII. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor’s plans to meet unmet obligations, if any.

IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Information is provided covering the period of July 1, 2018 – June 30, 2023.

X. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2013 to December 31, 2022.

XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.

XII. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that EXHIBIT 1
City Council 3 – 4 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 3 protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to Section 33334.3(f).

This Report is to be provided to the Housing Successor’s governing body by December 31, 2023. However, the final audit opinion was not completed in time to place on the December 19, 2023 City Council meeting which delayed the presentation of this Report to January. In addition, this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the City’s website (https://www.santa-ana.org/successoragency-oversight-board/ .) I. AMOUNT DEPOSITED INTO LMIHAF
A total of $483,734 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS.

II. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending balance in the LMIHAF was $5,290,759 of which $0 is held for items listed on the ROPS.

III. DESCRIPTION OF EXPENDITURES FROM LMIHAF
The following is a description of expenditures from the LMIHAF by category:

FY 2022/23
Monitoring & Administration Expenditures 1 $ 175,268
Homeless Prevention and Rapid Rehousing Services Expenditures $0 Housing Development Expenditures
Expenditures on Moderate Income Units $0
 Expenditures on Low Income Units $0
 Expenditures on Very-Low Income Units $0
 Expenditures on Extremely-Low Income Units $0
 Total Housing Development Expenditures $0
Total LMIHAF Expenditures in Fiscal Year $ 175,268
________________________________________________________________________ 1 The independent financial audit of the LMIHAF includes an adjustment of ($67,041) for bad debt expenses for loans receivable, for a total adjusted expenditure of $108,227.

EXHIBIT 1
City Council 3 – 5 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 4 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.

The following provides the statutory value of assets owned by the Housing Successor.

As of End of
Fiscal Year
Statutory Value of Real Property Owned by Housing Authority $ 75,000 Value of Loans and Grants Receivable $ 22,248,810
Total Value of Housing Successor Assets $ 22,323,810
V. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.

VI. PROJECT DESCRIPTIONS
The following is a description of project(s) for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS as well as the status of the project(s):

Project Name Status of Project
N/A All former projects on the ROPS have been
completed.

VII. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property.

With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have EXHIBIT 1
City Council 3 – 6 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 5 commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset.

The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period:

Address of Property
Date of
Acquisition
Deadline to
Initiate
Development
Activity
Status of Housing Successor
Activity
Remnant parcels at
Spurgeon & E. 22nd
St.
10/30/2002 2/14/2018
This remnant parcel has been
included in Request for Proposals
(“RFP”) # 18-056 issued on July 2,
2018; RFP # 19-063 issued on July
3, 2019; RFP # 21-136 issued on
December 8, 2021; and RFP # 23-
156 issued on October 19, 2023.

All of the RFPs have been issued
for the development of affordable
housing on this parcel. There has
been no award from RFP # 23-156
at this time.
801, 809 & 809 ½ E.

Santa Ana Blvd. 7/29/2009 2/14/2018
On December 7, 2021, the Housing
Authority entered into a 99-year
Ground Lease with Shelter
Providers of Orange County, Inc.

DBA HomeAid Orange County for
the development of the FX
Residences, a multifamily
affordable housing project with 16
units for people experiencing
homelessness. In October 2022,
the developer closed on their
construction loan financing and a
groundbreaking ceremony was
held in June 2023. Construction
officially started in July 2023. The
anticipated completion date of the
project is March 2024.

EXHIBIT 1
City Council 3 – 7 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 6 Address of Property
Date of
Acquisition
Deadline to
Initiate
Development
Activity
Status of Housing Successor
Activity
826 N. Lacy 7/29/2009 2/14/2018
On November 17, 2020, the
Housing Authority entered into a
99-year Ground Lease for the
development of two (2) affordable
homeownership opportunities for
moderate income families. In
August 2022, Habitat held a
groundbreaking ceremony and
obtained all building permits to
commence construction. The
antipated completion date of the
two (2) homes is in November
2023.
1126 & 1146
Washington 9/5/2007 2/14/2018
On July 25, 2022, the Housing
Authority entered into a 65-year
Ground Lease with Washington
Santa Ana Housing Partners, L.P.
for the development of the
Crossroads at Washington, a
multifamily affordable housing
project with 86 units for extremely
low-income families.

Construction is underway and the
anticipated completion date of the
project is in March 2024.

The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012:

Address of Property
Date of
Acquisition
Deadline to
Initiate
Development
Activity
Status of Housing Successor
Activity
N/A
EXHIBIT 1
City Council 3 – 8 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 7 VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the FY 2010 – FY 2015 Implementation Plan for the former redevelopment agency, the following replacement housing obligations were transferred to the Housing Successor:

One (1) very-low income five-bedroom unit was removed in 2005. The replacement housing obligation transferred to the Housing Successor was fulfilled in a previous fiscal year with the WBBB project that accommodated a five-bedroom unit within the site.

At the end of Fiscal Year 2022-2023, the Housing Successor has met all replacement housing obligations transferred from the former redevelopment agency.

Inclusionary/Production Housing. According to the FY 2010 – FY 2015 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the City’s website at https://www.santa-ana.org/successoragency-oversight-board/ IX. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.

This information below is for the period of July 1, 2018 – June 30, 2023:

AMI FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 Totals 80% - 120% $150,827 $0 $0 $0 $0 $150,827
50% - 80% $2,921,302 $16,632 $0 $0 $0 $2,937,934
30% - 50% $471,213 $26,867 $0 $0 $0 $498,080
0% - 30% $1,411,963 $43,499 $0 $0 $0 $1,455,462
Totals $4,955,305 $86,998 $0 $0 $0 $5,042,303
% of Funds
Expended on 30%
or Less of AMI

28.49% 50.00% 0.00% 0.00% 0.00% 28.87%
EXHIBIT 1
City Council 3 – 9 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 8 X. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

The following provides the Housing Successor’s Senior Housing Test for the 10 year period of January 1, 2013 to December 31, 2022:

Senior Housing Test 1/1/2013 – 12/31/2022
# of Assisted Senior Rental Units 0
# of Total Assisted Rental Units 541
Senior Housing Percentage 0%
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.

The following provides the Excess Surplus test for the preceding four Fiscal Years:

FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23
Beginning Balance $33,014,290 $29,197,585 $26,417,704 $27,246,424 Add: Deposits $1,371,881 $170,606 $1,246,112 $483,734
(Less) Expenditures $5,188,586 $2,950,487 $417,392 $108,227 Ending Balance $29,197,585 $26,417,704 $27,246,424 $27,621,931 EXHIBIT 1
City Council 3 – 10 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 9 The LMIHAF does not have an Excess Surplus. (Refer to calculation below.) Fund Balance – June 30, 2023 $27,621,931
Less Unavailable Amounts:

Loans and notes (22,248,810)
Land held for resale (75,000)
Restricted cash and investments with fiscal agent (214,337) Liabilities – Accounts payables & deposits (2,257)
Deferred inflows of revenues (6,329)
Project Commitments and Monitoring (2,227,216)
Available Low Income Housing Funds 2,847,982
Limitation (Greater of $1,000,000 or Four Years Deposits):

Aggregate amounts deposited for preceding four fiscal years 2019 – 2020 1,371,881
2020 – 2021 170,606
2021 – 2022 1,246,112
2022 – 2023 483,734
Total deposits for the preceding four fiscal years 3,272,333 Base limitation 1,000,000
Greater Amount 3,272,333
Computed Excess Surplus – June 30, 2023 $ -
XII. INVENTORY OF HOMEOWNERSHIP UNITS
(A) As of June 30, 2023, there was a total of 55 homeownership units and 912 rental units subject to covenants or restrictions. Of this total, all 967 units had affordability restrictions.

EXHIBIT 1
City Council 3 – 11 1/16/2024
HOUSING AUTHORITY OF THE CITY OF SANTA ANA – FY 2022/23 Page 10 (B) During FY 2022-23, one (1) single family units were lost to the portfolio as the borrowers paid off the loan earlier than the original maturity date. Four rental units were lost during this fiscal year due to the sale of four rental units. (C) There were no funds returned to the Housing Successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the former Low and Moderate Income Housing Fund in FY 2022-23. (D) The Housing Authority of the City of Santa Ana has not contracted with any outside entity for the management of the units.

EXHIBIT 1
City Council 3 – 12 1/16/2024
SUCCESSOR AGENCY 1 September 6, 2022
DRAFT Minutes of the Special Meeting of the
Successor Agency of the City Council
City of Santa Ana, California
September 6, 2022
REGULAR OPEN MEETING – 5:45 P.M.

CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701

SPECIAL SUCCESSOR AGENCY

CALL TO ORDER
MINUTES: Chair Sarmiento called the Special Successor Agency meeting to order at 10:18 P.M. Agency Members Hernandez, Lopez, Mendoza, Penaloza, and Phan, Vice Chair Bacerra, and Chair Sarmiento were present.

ATTENDANCE Agency Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vincent Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Acting Secretary Norma Orozco
City Council 2 – 1 1/16/2024
SUCCESSOR AGENCY 2 September 6, 2022
PUBLIC COMMENTS – Members of the public may address Successor Agency on items on the Successor Agency agenda.

MINUTES: No public comments received.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.

MOTION: Agency Member Hernandez to approve Consent Calendar Item Nos. 1 and 2, seconded by Agency Member Penaloza.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AGENCY MEMBER HERNANDEZ, AGENCY MEMBER

LOPEZ, AGENCY MEMBER MENDOZA, AGENCY MEMBER

PENALOZA, AGENCY MEMBER PHAN, VICE CHAIR

BACERRA, CHAIR SARMIENTO
NONE
NONE
NONE
Status: 7 – 0 – Pass

1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

2. Minutes from the Special Successor Agency meeting of January 18, 2022.

Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
**END OF CONSENT CALENDAR**

CONSENT CALENDAR
City Council 2 – 2 1/16/2024
SUCCESSOR AGENCY 3 September 6, 2022

3. Joint Public Hearing – Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at 915 N Flower Street, 921 N Flower Street, and 842 N. Garnsey Street (APN 005-142-58, 005-142-36, and 005-142-47) for Park Space (Contingent upon approval of City Council Item #28) Public notice published in the Orange County Register on August 23, 2022 and August 30, 2022.

Department(s): Community Development Agency
Recommended Action: SUCCESSOR AGENCY ACTION

1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of various properties: 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142- 58, 005-142-35, and 005-142-47), and authorize the Executive Director to execute all required documents as necessary.

SUCCESSOR AGENCY RESOLUTION NO. 2022-022 entitled A RESOLUTION

OF THE SUCESSOR AGENCY TO THE FORMER COMMUNITY

REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE

PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 915 NORTH FLOWER STREET, 921 NORTH FLOWER STREET, AND 842 NORTH GARNSEY STREET

2. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 915 N Flower Street, 921 N Flower Street, and 842 N Flower Street (APN 005-142-58, 005-142- 35, and 005-142-47) in the amount of $598,000, plus closing costs and escrow fees, subject to non-substantive changes approved by the Executive Director and General Counsel.

MINUTES: Chair Sarmiento opened the Joint Public Hearing at 10:19 P.M.

No public comments.

Chair Sarmiento closed the Joint Public Hearing at 10:20 P.M.

MOTION: Agency Member Hernandez moved to approve the recommended action for Item No. 3, seconded by Agency Member Lopez.

PUBLIC HEARING
City Council 2 – 3 1/16/2024
SUCCESSOR AGENCY 4 September 6, 2022
The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AGENCY MEMBER HERNANDEZ, AGENCY MEMBER

LOPEZ, AGENCY MEMBER MENDOZA, AGENCY MEMBER

PENALOZA, AGENCY MEMBER PHAN, VICE CHAIR

BACERRA, CHAIR SARMIENTO
NONE
NONE
NONE
Status: 7 – 0 – Pass

SUCCESSOR AGENCY COMMENTS
MINUTES: None.

ADJOURNMENT – Adjourn the Successor Agency meeting and reconvene to the Regular City Council Meeting.

MINUTES: Chair Sarmiento adjourned the Special Successor Agency meeting at 10:20 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 4 1/16/2024
SUCCESSOR AGENCY 1 January 17, 2023
DRAFT Minutes of the Special Meeting of the
Successor Agency of the City Council
City of Santa Ana, California
January 17, 2023
REGULAR OPEN MEETING – 5:45 P.M.

CITY COUNCIL CHAMBER
22 Civic Center Plaza, Santa Ana, CA 92701

SPECIAL SUCCESSOR AGENCY

CALL TO ORDER
MINUTES: Mayor Amezcua called the Special Successor Agency meeting to order at 10:05 P.M. Agency Members Bacerra, Penaloza, Phan, and Vazquez, and Mayor Pro Tem Lopez were present in person. Chair Amezcua and Agency Member Hernandez attended via teleconference.

ATTENDANCE Agency Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Vice Chair Jessie Lopez
Chair Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Acting Secretary Norma Orozco
City Council 2 – 5 1/16/2024
SUCCESSOR AGENCY 2 January 17, 2023
PUBLIC COMMENTS – Members of the public may address Successor Agency on items on the Successor Agency agenda.

MINUTES: No public comments received.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.

MOTION: Agency Member Penaloza to approve Consent Calendar Item Nos. 1 and 2, seconded by Agency Member Hernandez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AGENCY MEMBER BACERRA, AGENCY MEMBER

HERNANDEZ, AGENCY MEMBER PENALOZA, AGENCY

MEMBER PHAN, AGENCY MEMBER VAZQUEZ, VICE CHAIR

LOPEZ, CHAIR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

1. Excused Absences
Department(s): Clerk of the Council
Recommended Action: Excuse the absent members.

2. Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024
Department(s): Community Development Agency
Recommended Action: Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code.

SUCCESSOR AGENCY RESOLUTION NO. 2023-001 entitled A RESOLUTION OF

THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 FOR THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)

CONSENT CALENDAR
City Council 2 – 6 1/16/2024
SUCCESSOR AGENCY 3 January 17, 2023
**END OF CONSENT CALENDAR**

SUCCESSOR AGENCY COMMENTS
MINUTES: None.

ADJOURNMENT – Adjourn the Successor Agency meeting and reconvene to the Regular City Council Meeting.

MINUTES: Chair Amezcua adjourned the Special Successor Agency meeting at 10:07 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 7 1/16/2024
Community Development Agency
www.santa-ana.org/community-developement
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Recognized Obligation Payment Schedule (ROPS) Fiscal Year (FY) 2024-2025

AGENDA TITLE
Recognized Obligation Payment Schedule (ROPS) for the Period of July 1, 2024 Through June 30, 2025

RECOMMENDED ACTION
Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2024 through June 30, 2025 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code.

SUCCESSOR AGENCY RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF

THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 24-25 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 24177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
In 1973, the City of Santa Ana adopted an ordinance to create a Redevelopment Agency. Throughout the years, the Redevelopment Agency completed numerous projects to eliminate blight, spur economic growth, funded construction of affordable housing projects, and provided infrastructure and community facility improvements within the defined project areas.

Pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (“Dissolution Act”), the City Council on January 9, 2012, elected for the City to act as the “Successor Agency” to the dissolved Community Redevelopment Agency (“Agency”). On February 1, 2012, in accordance with the Dissolution Act and the California Supreme Court’s decision in California Redevelopment Association v.

Matosantos, Case No. S194861, the Agency was dissolved and the City began to serve as the “Successor Agency.” The City Council serves as the governing body of the Successor Agency under the Dissolution Act as amended by AB 1484, AB 471, and SB City Council 3 – 1 1/16/2024
Recognized Obligation Payment Schedule Fiscal Year (FY) 2024-2025 January 16, 2024

Page 2 ends

107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency’s affairs.

Effective July 1, 2018, the local Oversight Board to the Successor Agency was dissolved and the new Orange Countywide Oversight Board (OCOB) was established. The OCOB now has oversight with respect to the Dissolution process, including review and approval of the ROPS.

The ROPS includes the administrative cost allowance as required under Health and Safety Code Section 34177 (j) through (k), and is presented in the format designed by the Department of Finance (DOF).

Upon Successor Agency approval, the ROPS will be submitted to the Orange Countywide Oversight Board for approval at its January 23, 2024 meeting. Upon OCOB approval, the ROPS will be submitted to the DOF, County, and other appropriate entities as required by the Dissolution Act by the February 1, 2024 deadline. The ROPS will also posted on the Successor Agency’s website.

FISCAL IMPACT
The Successor Agency is limited to making only payments listed on the approved ROPS for each annual period. Administrative expenses are capped at three percent (3%) of the actual property tax distributed for the ROPS in the preceding fiscal year or the minimum of $250,000 per year. However, the OCOB has been requesting that successor agencies reduce and minimize the administrative allowance necessary to oversee the remaining obligations on the ROPS. Therefore, the Successor Agency estimates the administrative cost allowance for FY 2024-2025 will be $116,260 based upon the expected actual cost of administering the Successor Agency.

Funds will be budgeted for FY 2024-2025 in the Redevelopment Obligation Retirement Funds (account no. 67118021-various, 67018843-various) upon approval of the ROPS by the DOF.

EXHIBIT(S)

1. Resolution
A. Recognized Obligation Payment Schedule FY 2024-2025
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager
City Council 3 – 2 1/16/2024
SUCCESSOR AGENCY RESOLUTION NO. 2024-

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA

ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE 24-25 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)

BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS:

Section 1. The City Council of Santa Ana, acting as Successor Agency, conclusively finds, determines and declares as follows:

A. On January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana (“City”) elected to serve as the Successor Agency for the dissolved Community Redevelopment Agency (“Agency”) of the City of Santa Ana and selected the Housing Authority of the City of Santa Ana to act as “Successor Housing Agency.”
B. The City Council serves as the governing body of the Successor Agency under the Dissolution Act, as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency’s affairs.

C. SB 107 revised the timeline for the preparation of the required Recognized Obligation Payment Schedule (“ROPS”) from each six-month period to a one-year period beginning July 1, 2016.

D. The annual ROPS includes the administrative cost allowance as required under Health and Safety Code Section 34177 (j) through (k).

E. The annual ROPS for the July 1, 2024 through June 30, 2025 period must be approved by the Countywide Oversight Board and submitted to the County AuditorController, State Controller’s Office, and to the State Department of Finance (“DOF”) no later than February 1, 2024.

Section 2. The Successor Agency approves the Recognized Obligation Payment Schedule 24-25, attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the submission to the County of Orange and Countywide Oversight Board for review and approval.

Section 3. Pursuant to the Dissolution Act, the Successor Agency further authorizes the transmittal of the ROPS 24-25, upon subsequent Countywide Oversight Board approval, to DOF Resolution No. 2024-

Page 1 of 3 ends

EXHIBIT 1
City Council 3 – 3 1/16/2024
with copies to the County Administrative Officer, the County Auditor-Controller, and the State Controller’s Office.

Section 4. The City Manager, or his/her designee (“City Manager”), is directed to post on the City’s website the ROPS 24-25 in the manner required by law.

Section 5. The City Manager and/or the Executive Director of Community Development, or their respective designees, as delegated officials of the City acting as Successor Agency, are authorized to make or accept any augmentation, modification, additions, or revisions to the ROPS as may be necessary and appropriate in their reasonable discretion, based on review or communications from the Countywide Oversight Board, the State Department of Finance or County of Orange.

Section 6. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Clerk of the Council shall attest to and certify the vote adopting of this Resolution.

ADOPTED this day of , 2024.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Andrea Garcia-Miller
Assistant City Attorney
AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

Resolution No. 2024-

Page 2 of 3 ends

EXHIBIT 1
City Council 3 – 4 1/16/2024

CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, , Clerk of the Council do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by the City Council acting as the Successor Agency to the former Community Redevelopment Agency on January , 2024.

Date:

City Clerk
City of Santa Ana
Resolution No. 2024-

Page 3 of 3 ends

EXHIBIT 1
City Council 3 – 5 1/16/2024
Successor Agency: Santa Ana
County: Orange
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A $ 113,236 $ 113,236 $ 226,472

B - - -

C - - -
D 113,236 113,236 226,472
E $ 11,176,422 $ 814,014 $ 11,990,436
F 11,118,292 755,884 11,874,176
G 58,130 58,130 116,260
H Current Period Enforceable Obligations (A+E): $ 11,289,658 $ 927,250 $ 12,216,908 Name Title
/s/
Signature Date
Redevelopment Property Tax Trust Fund (RPTTF) (F+G):

Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Enforceable Obligations Funded as Follows (B+C+D):

Bond Proceeds
Reserve Balance
Other Funds
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
RPTTF
Administrative RPTTF
Certification of Oversight Board Chairman:

Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency.

Exhibit A
EXHIBIT 1
City Council 3 – 6 1/16/2024

A B C D E F G H I J K L M N O P Q R S T U V W
Bond
Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF
Bond
Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF
$ 60,860,039 $ 12,216,908 $ 0 $ 0 $ 113,236 $ 11,118,292 $ 58,130 $ 11,289,658 $ 0 $ 0 $ 113,236 $ 755,884 $ 58,130 $ 927,250 28 DDA -
Sycamore
Parking
Concepts
OPA/DDA/Const
ruction
12/16/2002 6/30/2029 Sycamore
Parking
Concepts
Development of
Sycamore Garage
(Pkg Structure)
Merged Y $ - $ - $ -
30 Erickson
Lease
Agreement -
Honda
Business
Incentive
Agreements
1/19/2006 6/30/2032 Erickson
Prop. Corp.

Leasehold Rights on
AutoMall Property
Merged 792,648 N $ 226,472 113,236 $ 113,236 113,236 $ 113,236 33 Off Site
Improvemen
ts (Nexus)
Improvement/Infr
astructure
4/4/2005 6/30/2032 Various Construction of
Publicly Owned
Improvements -
Nexus
Merged 5,000,000 N $ - $ - $ -
34 Project
Costs for
Item #33
Project
Management
Costs
4/4/2005 6/30/2032 Successor
Agency /
Various
Project Management
/ Services
Merged 123,250 N $ - $ - $ -
35 SA Venture
Partnership
& Other
MainPlace
Agreements
OPA/DDA/Const
ruction
5/15/1984 6/30/2032 Various Permit Fee
Obligation for
Improvements
Merged 1,600,000 N $ - $ - $ -
36 Project
Costs for
Item #35
Project
Management
Costs
5/15/1984 6/30/2032 Successor
Agency /
Various
Project Management
/ Services
Merged 100,000 N $ - $ - $ -
37 DDA -
Discovery
Science
Center
OPA/DDA/Const
ruction
4/21/1997 6/30/2032 City of Santa
Ana
Permit Fee
Obligation for
Expansion
Merged 199,000 N $ - $ - $ -
62 Audited
Financial
Statements
/ Due
Diligence
Reviews
Professional
Services
5/14/2003 6/30/2032 MGO / City
of Santa Ana
/ Various
Required Per Bond
Documents / AB 1484
Merged 40,000 N $ 5,000 5,000 $ 5,000 $ -
63 Employee
Pension
Liability
Unfunded
Liabilities
2/1/2012 6/30/2032 CalPERS /
Successor
Agency
Public Employee
Defined Benefit
Pension Plan
Merged 118,729 N $ - $ - $ -
64 Other
Postemploy
ment
Benefits
(OPEB)
Unfunded
Liabilities
2/1/2012 6/30/2032 Successor
Agency /
Various
OPEB Liability for
Successor Agency
Staff
Merged 182,872 N $ - $ - $ -
66 Successor
Agency
Admin.

Admin Costs 2/1/2012 6/30/2032 Successor
Agency /
Various
Operating costs Merged 760,000 N $ 116,260 58,130 $ 58,130 58,130 $ 58,130 160 2018 Tax
Allocation
Bonds
Series A
Bonds Issued
After 12/31/10
11/8/2018 9/1/2031 Bank of New
York Mellon
Debt service on
bonds to refund
2003 Bonds and
2011 Bonds
Merged 10,146,375 N $ 1,271,375 1,084,125 $ 1,084,125 187,250 $ 187,250 161 2018 Tax
Allocation
Bonds
Series AIndenture
of Trust
Fees 11/8/2018 6/30/2032 Keyser
Marston
Associates /
Urban
Futures
Continuing disclosure Merged 13,950 N $ 1,550 $ - 1,550 $ 1,550 162 2018 Tax
Allocation
Bonds
Series AIndenture
of Trust
Fees 11/8/2018 6/30/2032 BLX Arbitrage rebate
analysis
Merged 13,500 N $ 1,500 1,500 $ 1,500 $ -
24-25B (January - June)
24-25B
Total
Fund Sources Fund Sources
Santa Ana Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
(Report Amounts in Whole Dollars)
Item #
Project
Name/Debt
Obligation Obligation Type
Contract/
Agreement
Execution
Date
Contract/
Agreement
Termination
Date Payee
Description/Project
Scope
Project
Area
Total
Outstanding
Debt or
Obligation Retired
ROPS 24-25
Total
24-25A (July - December)
24-25A
Total
EXHIBIT 1
City Council 3 – 7 1/16/2024

A B C D E F G H I J K L M N O P Q R S T U V W
Bond
Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF
Bond
Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF
24-25B (January - June)
24-25B
Total
Fund Sources Fund Sources
Item #
Project
Name/Debt
Obligation Obligation Type
Contract/
Agreement
Execution
Date
Contract/
Agreement
Termination
Date Payee
Description/Project
Scope
Project
Area
Total
Outstanding
Debt or
Obligation Retired
ROPS 24-25
Total
24-25A (July - December)
24-25A
Total
163 2018 Tax
Allocation
Bonds
Series AIndenture
of Trust
Fees 11/8/2018 6/30/2032 Bank of NY
Mellon
Trustee fees Merged 14,400 N $ 1,800 1,800 $ 1,800 $ -
164 2018 Tax
Allocation
Bonds
Series B
Bonds Issued
After 12/31/10
11/8/2018 9/1/2028 Bank of New
York Mellon
Debt service on
bonds to refund
2003 Bonds and
2011 Bonds
Merged 41,728,815 N $ 10,589,151 10,022,567 $ 10,022,567 566,584 $ 566,584 165 2018 Tax
Allocation
Bonds
Series BIndenture
of Trust
Fees 11/8/2018 6/30/2029 Keyser
Marston
Associates /
Urban
Futures
Continuing disclosure Merged 4,000 N $ 500 $ - 500 $ 500 166 2018 Tax
Allocation
Bonds
Series BIndenture
of Trust
Fees 11/8/2018 6/30/2029 BLX Arbitrage rebate
analysis
Merged 13,500 N $ 1,500 1,500 $ 1,500 $ -
167 2018 Tax
Allocation
Bonds
Series BIndenture
of Trust
Fees 11/8/2018 6/30/2029 Bank of NY
Mellon
Trustee fees Merged 9,000 N $ 1,800 1,800 $ 1,800 $ -
EXHIBIT 1
City Council 3 – 8 1/16/2024
Item # Notes/Comments
28 Item has been completed.
30 33
34 35
36 37
62 63
64 66
119
129
160
161
162
163
164
165
166
167
Santa Ana
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
EXHIBIT 1
City Council 3 – 9 1/16/2024

A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/10
Bonds issued on or
after 01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution amount 1,404 0 44,884 1,394,978
The prior report did not include an adjustment for
Other Funds. The beginning balance was adjusted
to reconcile to the cash balance as of June 30, 2021.
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total distribution from the County Auditor-Controller
- 250,826 5,224,307
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
226,471 6,743,444
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)
1,404
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA form submitted to the CAC
85,472
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$ 0 $ 0 $ 0 $ 69,239 $ (209,631)
Notified DOF of negative balance and will analyze
balance.

No entry required
Santa Ana Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet.

ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds
EXHIBIT 1
City Council 3 – 10 1/16/2024

Santa Ana City CouncilJanuary 16, 2024

Santa Ana City Council
January 16, 2024