(b) Enclosed Operations.
(1) All business activities, including, but not limited to, compounding, processing, packaging, or assembly of articles of merchandise and treatment of products shall be conducted within a completely enclosed building.
(2) No automobile service or repair of any kind shall be allowed outdoors on site.
(c) Air Emissions and Dust
(1) No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere.
(2) Uses, activities, and processes shall not operate in a manner that emit dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District.
(d) Light, Glare, and Heat
(1) No direct or indirect glare or heat, whether from floodlight s or from high - temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line.
(2) To ensure that industrial development does not create light and glare nuisances, the following performance standards shall be observed:
a. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to ensure that there is no spillover of light and glare that will impact drivers or pedestrians on the public streets, on-site activities, and adjoining or nearby properties.
b. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties as dete rmined by the Executive Director of the Planning and Building Agency, or designee.
(3) Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating pedestrian walkways. Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and down-lit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties.
(4) No use shall be operated such that significant, direct glare, incidental to the operation of the use, is visible beyond the boundaries of the lot where the use is located.
Ordinance No. NS-XXX
(e) Ground Vibration
(1) No use shall generate ground vibration perceptible without instruments at any point along the property line of the site except for motor vehicle operations.
(2) No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel are exempt from this standard.
(f) Storage and Screening
(1) No material or waste shall be deposited upon a subject parcel in such form or manner that it may be transferred off the parcel by natural causes or forces.
(2) All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
(g) Hazardous Materials
(1) Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipme nt in compliance with City of Santa Ana regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited.
(2) No activities shall be permitted which emit dangerous radioactivity at any point nor shall ele ctrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed.
(3) No use, activity or process shall cause electromagnetic interference with normal radio and television reception, o r with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.
(h) Liquid and Solid Waste
(1) Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment.
Ordinance No. NS-XXX
(2) The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes, is prohibited.
(3) Wastes shall be handled and stored so as to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling subject to the review and oversight of the Fire Department. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.
(i) Site Maintenance. Al l industrial land uses shall be maintained in compliance with Chapter 16 of the Santa Ana Municipal Code and not constitute public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code at all times and consistent with project conditions of approval (if applicable).
(j) Truck Parking and Loading
(1) All truck parking areas must be on paved surfaces. The parking, loading or unloading of trucks associated with a business on public streets is prohibited.
(2) Trucks idling is prohibited.
(3) All truck parking and loading areas shall be maintained in good condition as determined by the City. Annual inspections may be conducted by the City to ensure compliance. Any violation or failure to comply with any of the requirements of this Chapter shall be deemed a nuisance.
(k) Hours of Operation
(1) For non-conforming industrial uses which are directly across a street from or abutting residential uses or structures, hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 10:00 a.m. to 6:00 p.m.
Saturday.
(2) No operating hours are permitted on Sundays, or Federal Holidays.”
Section 12. Section 41 -2080 (Definitions) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2080 - Definitions
The words and phrases, shall be construed as defined in this Article, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number. If any of the definitions in this section conflict with definitio ns in Chapter 41 of the Santa Ana Municipal Code (SAMC), these definitions shall control for the purposes of this Article. If any term herein is not defined by this subsection, the definitions contained within Division 2 (Definitions) of Article I of Chapter 41 of the SAMC shall apply.
Ordinance No. NS-XXX
1. Access (Direct): The physical pedestrian entrance to a unit that is provided directly from the street or courtyard. Also described as walk-up access.
2. Access (Point): The physical pedestrian entrance to a unit that is provided through a common space, such as a lobby or corridor that connects directly to the street or courtyard. Also described as non-walk-up access.
3. Accessory Structure: An accessory structure or building is a detached building or structure, or part of a building or structure, which is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities (e.g., storage shed, garage, gazebo), and is used exclusively by the occupant of the main building.
4. Alley: An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and is intended for service and only a secondary means of access to abutting properties.
5. Arcade: see ‘Frontage Types’
6. Artisan/craft product manufacturing - limited on-site production: The manufacturing of products primarily by hand by persons trained in an artistic skill, including ceramics, pottery, glass blowing, or sculp tures. A specialized commercial facility with a retail -facing operation open to the public. Products are typically made by hand or with a restricted level of automation demonstrating an artistic skill. On-site production of artisan/craft product activities include design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are not limited to, electronics, food products, furniture-making, beverages, leather products, clocks and watches, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities.
7. Attic: The area found directly below the roof of a building and the ceiling of the top floor. The attic shall be an uninhabitable area.
8. Automobile repair: Automobile repair is the repair of motor vehicles, including the repair or replacement of engine s and transmissions, body and fender repair, and the installation of non-factory installed products except those permissible through automobile servicing as defined herein.
9. Automobile service or Automobile servicing: Automobile service or automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups.
10. Bank, financial institution: An establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of
Ordinance No. NS-XXX
funds. Excludes check cashers as defined by California Civil Code secti on 1789.31.
11. Basement: That portion of a building between floor and ceiling which is either totally or partly below grade and in compliance with the definition of basement established in the California Building Code (CBC).
12. Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivision.
13. Building Height: The vertical extent of a building measured in stories to the eave of the highest story, not including a basement or an attic. Height limits do not apply to masts, belfries, clock towers, steeples, equipment screening, chimney flues, and similar structures. Building height shall be measured from the average grade of the fronting thoroughfare curb level.
14. Building Placement: The maximum horizontal envelope available for placing a building on a lot.
15. Building Type: A structure defined by the combination of configuration and placement. The building types used in this Article are listed below:
a. Bungalow Court: A configuration of freestanding single units arranged around a common, shared courtyard that is wholly open to the street. The individual buildings are arranged next to each other to form the bungalow court building type.
b. Courtyard Housing: A building type consisting of residences that can be arranged in four possible configurations: townhouses, townhouses over flats, flats, and flats over flats. The structures are arranged next to each other, on one or more courts that are partly or wholly open to the street.
c. Duplex, Triplex, and Quadplex: Multiple dwelling forms that are architecturally presented as large single -family houses in their typical neighborhood setting.
d. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences.
e. House: A structure occupied by a single household that also accommodates commercial and office uses as allowed.
f. Hybrid Court: A building that combines the point -access portion of the stacked dwelling building type (double -loaded corridor element) with the walk-up portion of the courtyard housing building type.
Ordinance No. NS-XXX
g. Lined Block: A building that conceals a pu blic garage or other faceless building that is designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences.
h. Live/Work: An integrated residence and working space, occupie d and utilized by a single household in an arrangement of at least 3 such structures or 1 multiple structure with a least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity.
i. Rowhouse: An individual structure on a parcel with a private rear yard and individual garage accessed from an alley. Such structure shall be developed in an arrangement of at least 3 such structures along the primary fron tage.
Or, a structure of at least 3 attached townhouse unit types arranged side by side with a private rear yard and individual garage accessed from an alley along the primary frontage.
j. Stacked Dwellings: A building of single -floor or multi -floor residences of similar configuration either above or below that are stacked.
k. Tower-on-Podium: A multi -level building organized around a central core with the first two to five floors expressed as a podium building.
l. Tuck-Under Housing: An individual structure on a parcel with no rear yard, where its garage is tucked under the rear of the house and accessed from an alley. Such structure shall be developed with at least four such individual structures, or a structure of at least four attached townhouse units types arranged side by side along the primary frontage.
16. Bungalow Court: See 'Building Types'
17. Business support service. Commercial establishment that provides services to other businesses including maintenance, repair and service, testing, rental, etc. including the following examples:
a. Computer-related services (rental/repair)
b. Copying and quick printing services
c. Film processing and photofinishing (retail)
d. Graphic design services
e. Mailing and mail box services
f. Security systems services
18. Clinic, Urgent Care: A facility other than a hospital where medical, mental health, surgical or other personal health services are provided on an outpatient basis, including incidental medical laboratories. Examples of these uses include:
a. mMedical offices with five or more licensed practitioners or medical specialties
Ordinance No. NS-XXX
b. oOut-patient care facilities, urgent care facilities.
c. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional/Administrative."
19. Community Assembly: Group gatherings conducted indoors such as synagogues, mosques, temples, churches, community centers, bingo halls, private clubs, fraternal, philanthropic and charitable organizations and lodges.
20. Commercial Recreation Facility - Indoor: Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
a. Bowling alleys, Tossing or Throwing Games, Indoor Sports b. Coin-operated amusement arcades
c. Electronic game arcades (video games, etc.) Pool, billiards d. Skating sports (ice, roller, board), Escape Room, Mystery Games
This use does not include adult businesses. Four or more electronic games or coin- operated amusements in any establishment, or a premises where 50 percent or more of the floor a rea is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the site.
Ancillary uses include meeting rooms, snack bars, and equip ment rental or sales are permitted within an indoor recreation facility, provided that their gross floor area of the ancillary use does not exceed twenty percent (20%). Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation.
21. Commercial Frontage: The non -residential frontage of a building. Non -residential activities subject to city approval are allowed within this space, which must be at least 25 feet in depth. These spaces are limited to the first floor and as such, have different building requirements than upper floors (e.g., large storefront windows, signage, etc.).
22. Courtyard Housing: See 'Building Types'
23. Craft and specialized automotive restoration service: A specialized bus iness or commercial enterprise occurring inside of a fully -enclosed structure that focuses on repairing and restoring older cars, often considered "collector cars" as defined by the State; which includes (1) a vehicle model 35+ years old, (2) a vehicle model 25+ years old with historic plates, or (3) a vehicle model classified as a special interest vehicle. Such restoration services return these types of vehicles to their original condition, including mechanical components, bodywork, and interior, aiming to preserve their historical authenticity and aesthetic appeal. The vehicle must not be altered from the manufacturer's original specifications or considered a "kit" car.
Ordinance No. NS-XXX
24. Doctor, dentist, chiropractor, etc. office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care ser - vices are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite.
25. Duplex, Triplex and Quadplex: See 'Building Types'
26. Dwelling Unit Types:
a. Apartment: A rental version of a Flat, Loft, or Townhouse. b. Condominium: An ownership version of a Flat, Loft or Townhouse c. Flat: A single-story unit.
d. Loft: A double-story height unit with a mezzanine.
e. Townhouse: A two to three-story unit.
27. Elevation (Building): The exterior walls of a building. Also referred to as 'Facade' when the elevation is along a frontage line.
28. Entrance (Main or Primary): The principal point of access of pedestrians to a building. In the support of pedestrian activity, the main or primary entrance should be oriented to the frontage rather than to the parking.
Extended Care: Residential facilities providing nursing and health-related care as a primary use with in -patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Care Homes."
29. Facade: The exterior wall of a building that is set along a frontage line. Facades support the public realm and are subject to frontage requirements additional to those required of elevations.
30. Flex Block: See 'Building Types' Forecourt: See ‘Frontage Types’
31. Frontage Line: Those lot lines that coincide with a public street line. One shall be designated as the Principal Frontage Line. Facades along Frontage Lines define the public realm and are therefore more highly regulated than the elevations that coincide with other lot lines. Frontage lines are subject to the urban standards, architectural standards, signage standards, and subdivision standards.
32. Frontage Type: The architectu ral element of a building between the public right - of-way and the private property associated with the building. Frontage Types combined with the public realm create the perceptible streetscape. The following frontage types used in this Article are listed below:
a. Arcade: A facade with an attached colonnade, that is covered by upper stories. This frontage type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it.
Ordinance No. NS-XXX
For Building Code considerations, this frontage type cannot cover the public right- of-way.
b. Forecourt: A semi-public exterior space partially within the shopfront, gallery or arcade frontage that is partially surrounded by a building and also opening to a thoroughfare forming a court. The court is suitable for gardens, outdoor dining, vehicular drop-off and utility off-loading.
c. Front yard / Porch: A common frontage type associated with single family houses, where the facade is set back from the right of way with a front yard.
A porch may also be appended to the facade. A fence or wall at the property line may be used to define the private space of the yard. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard.
d. Gallery: A colonnade that is attached to storefronts and projects over the sidewalk.
e. Shopfront: A facade placed at or close to the right -of-way line, with the entrance at sidewalk grade. This frontage type is conventional for retail front- age and is commonly equipped with cantilevered shed roof(s) or awning(s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes residential use on the ground floor facing the street, although such use is appropriate above.
f. Stoop: An elevated entry porch that corresponds directly to the building entry, with stairs placed close to the frontage line on a building with the ground story elevated from the sidewalk, securing privacy for the win dows and front rooms. This type is suitable for ground -floor residential uses with short set- backs. This type may be interspersed with the shopfront frontage type. A porch or shed roof may also cover the stoop.
33. Front yard/Porch: See 'Frontage Types'
Furniture and Fixture Manufacturing, cabinet shop: The manufacture or assembly of high -grade articles of furniture and fixtures calling for fine finish, such as decorative cabinets, desks and chairs, store fixtures and office equipment. In the production of s uch goods, noise above 60 dB CNEL beyond the walls of the building is prohibited.
34. Gallery: see ‘Frontage Types’
35. General Retail: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:
a. art galleries, retail
b. art supplies, including framing services bicycles
c. books, magazines, and newspapers cameras and photographic supplies clothing, shoes, and accessories department stores
Ordinance No. NS-XXX
d. drug stores and pharmacies dry goods
e. fabrics and sewing supplies
f. florists and houseplant stores with indoor sales only hobby materials g. furniture and home decor stores
h. hardware and building supply stores
i. jewelry
j. luggage and leather goods
k. musical instruments (small), parts and accessories,
l. Large instruments are under "Furniture, Furnishings, and Appliance Store" m. orthopedic supplies small wares specialty shops
n. sporting goods and equipment stationery
o. toys and games variety stores
p. videos, DVDs, records, CDs, including rental stores
General retail does not include the following:
a. Adult business as defined in section 41 -1701.6 of the SAMC, antique or collectible stores, furniture, furnishings and appliance stores, medical marijuana dispensaries or second-hand stores.
b. Sheet metal shops, body -fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity.
c. Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit or land use certificate in one or more use districts pursuant to this code.
36. Ground Floor/ Footprint: The area resulting fro m the application of building placement and open space requirements and as further articulated by particular building design. In calculating the area, only the conditioned floor space shall be counted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as "ground floor/footprint."
37. Ground Floor Residential: Dwellings with their primary entrance and habitable space at grade.
38. Health and Fitness: A commercial establishment providing facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers and lockers. Health and fitness facilities may also provide for instruction programs and classes, such as martial arts, yoga where lockers and showers are provided.
39. Hotel (land use): A facility offering short-term lodging accommodations, as defined and regulated by the SAMC, to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities . Access to the guest rooms shall be
Ordinance No. NS-XXX
through the main lobby of the building. A hotel shall contain more than 5 guest rooms. A hotel that contains a kitchen as defined by the California Building Code (CBC) in guest rooms shall be deemed to be a long term stay business hotel as defined by the SAMC. A hotel that meets the criteria of a transient/residential hotel as defined by the SAMC, shall be deemed to be a transient/residential hotel.
40. House: See 'Building Types'
41. House Scale: Multi -family building form that is derivative of and compatible with surrounding single-family houses and th at can be applied in 1 to 4 direct -access assemblies of units to form larger buildings from duplex up to and including Courtyard Housing.
42. Hybrid Court: See 'Building Types'
43. Laboratory- medical-analytical: A place equipped for experimentation or observation in a field of study, or devoted to the application of scientific principles in testing and analysis. Quantities of biological or hazardous materials used in situ, shall be limited to those quantities established by the fire department
Light Manufacturing: The manufacture or assembly of products from previously treated material where no impact is created to the adjacent uses and no hazardous materials are used in the production of such products. The maximum number of employees shall be 10. Examples of light manufacturing include:
athletic equipment
bakeries
camera, photo equipment
clothing
electronics
musical instruments
optical goods
woodworking (limited)
44. Lined Block: See 'Building Types' Live/Work: See 'Building Types'
45. Lot Width: The fro ntage of a parcel which is used to identify the parcel for street address purposes.
46. Media production: An establishment dedicated to the production of visual and audio mass media, including television, films, videos, video games, mobile devices, internet and digital interactive media, but excludes magazines, newspapers, and periodicals.
47. Mixed-Use Building: A structure lawfully containing residential and non-residential uses.
48. Multi-Family Building: A residential structure lawfully containing two or more dwelling units.
Ordinance No. NS-XXX
49. Net Developable Area: The private area defined by blocks which is not to remain for public uses such as Plazas, Greens, Squares, Thoroughfares or Streetscapes.
50. Nonconforming Industrial Use: A nonconforming use as defined in Section 41-126 of the SAMC that was established on any parcel or within any building located within the boundaries of SD-84 established by this Article that is listed in the uses permitted or uses permitted subject to a conditional use permit of Division 18. M-1 (Light Industrial) or Division 19. M-2 (Heavy Industrial) of this Chapter but that are no longer permissible through amendment to this Article.
51. Noxious Use: A nonconforming industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two (2) or more of the following:
a. Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; b. Operations that are regulated by and require a permit from a federal, state, or regional agency;
c. Storing, processing, or disposing of listed or hazardous waste; or d. Operations that are not contained within a fully enclosed building.
52. A primary use is the principal and dominant activity that the business is devoted to, distinguishing it from a secondary or ancillary use as defined in Section 41-13.5 of the SAMC.
53. Office: These do not include medical offices (see Clinic, Urgent Care," and "Doctor, dentist, chiropractor, etc. office.")
a. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial S ervices," which is separately defined.
b. Administrative. Office -type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer -dependent or telecommunications -based activities.
Examples of these uses include:
c. airline, lodging chain, and rental car company reservation centers, not including retail travel agencies
d. computer software and hardware design and development consumer credit reporting
e. data processing services
f. health management organization (HMO) offices where no medical services are provided
g. insurance claim processing
Ordinance No. NS-XXX
h. mail order and electronic commerce transaction processing telecommunications facility design and management telemarketing
i. Professional. Office -type facilities oc cupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include:
j. accounting, auditing and bookkeeping services advertising agencies k. attorneys
l. business associations, chambers of commerce commercial art and design services construction contractors (office facilities only) counseling services m. court reporting services
n. detective agencies and similar services
o. design services including architecture, engineering, landscape architecture, urban planning
p. educational, scientific and research organizations financial management and investment counseling literary and talent agencies
q. management and public relations services media postproduction services r. news services
s. photographers and photography studios political campaign headquarters psychologists
t. secretarial, stenographic, word processing, and temporary clerical employee services
u. security and commodity brokers
v. writers and artists offices
54. Paseo: a public place or path designed for walking; promenade.
55. Pedestrian First: The practice of addressing the needs of people, once out of their automobiles, through a series of interdependent urban design and streetscape principles (e.g., wide sidewalks, street trees and shade, on-street parking, outdoor dining, inviting storefronts, the feeling of being in an ‘outdoor room’, short cross - walk distances, interconnected and short blocks).
56. Pedestrian Shed: An area defined by the average distance that may be traversed at an easy pace from its edge to its center in approximately 5 minutes. This distance is used to determine the size of a neighborhood. This dimension averages one quarter of a mile or approximately 1,400 feet for generally flat terrain.
57. Personal Services: Establishments providing non -medical services to individuals as a primary use. Examples of these uses include:
a. barber, nail salons and beauty shops clothing rental b. dry cleaning pick -up stores with limited equipment home electronics and small appliance repair locksmiths
c. pet grooming with no boarding shoe repair shops
d. tailors
Ordinance No. NS-XXX
e. These uses may also include accessory retail sales of products related to the services provided.
58. Personal Services - Restricted: Personal services that may tend to have a blighting and/or deteriorating effect up on surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:
a. laundromats (self -service laundries). Laundromats shall comply with the development and performance standards set forth in Section 41-199. b. massage establishments (licensed, therapeutic) as defined on Section 41 - 1751 of the SAMC. Massage establishments shall comply with Article XVII.I of Chapter 41 of the SAMC. Pawnshops.
59. Pet day care facility: Establishment offering daily, without overnight, care to a customer’s personal canine or feline pets. Grooming and educational training may be allowed as an ancillary use within the establishment. Does not include veterinary care or treatment, hospitalizations, or long-term boarding of pets.
60. Planter: The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood.
61. Podium: A continuous raised platform supporting a building, or a large block of two or three stories beneath a multi-layer block of a smaller area.
62. Porch: see ‘Frontage Types’
63. Private Frontage: The privately held layer between the frontage line and the principal building facade. The structures and landscaping within are held to specific standards. The variables of Private Frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches and galleries. These elements inf luence social behavior in the public realm. The Frontage layer may overlap the public streetscape in the case of awnings, Galleries and Arcades.
64. Research and Development: A quasi-industrial facility where creative work is undertaken on a systematic basis in order to increase the stock of knowledge generally in the fields of medicine, scientific instruments, safety- critical mechanism or high technology. These facilities may include pilot plant operations as an ancillary use, which shall not exceed 25 perce nt of the floor area. A facility providing full scale production shall be deemed a manufacturing use and shall be prohibited.
65. Rowhouse: See 'Building Types'
66. Setback: The area of a lot measured from a lot line to a building facade or elevation that must be maintained clear of permanent structures excepting galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, and terraces
Ordinance No. NS-XXX
which are permitted to encroach into the setback subject to the standards established in Division 3 of this Article.
67. Shared Parking (Park -Once Policy): An accounting for parking spaces that are avail- able to more than one function. The requirement is based on a range of parking- demand found in mature, mixed -use centers. The Shared Parking ratio varies accord ing to multiple functions in close proximity unlikely to require the spaces at the same time. This approach to parking uses the following types of parking in combination to achieve a balanced and distributed supply of parking:
off-street (surface lots and garages), on-street (parallel and diagonal).
68. Shopfront: see ‘Frontage Types’
69. Stacked Dwellings: See 'Building Types'
70. Stoop: see ‘Frontage Types’
71. Story: A habitable level within a building from finished floor to finished ceiling: Attics and basements, as defined by the California Building Code (CBC) are not considered a story for the purposes of determining building height and are subject to the applicable requirements of this code and the CBC, except for when the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story
72. Streetscape: The urban element that provides the major part of the public realm as well as paved lanes for vehicles. A streetscape is endowed with two attributes:
capacity and context. Capacity is the number of vehicles that can move safely through a segment within a given time period. It is physically manifested by the number of lanes and their width, and by the curb radius.
73. Studio: A workplace of one or more individuals who are engaged in the production of art, such as fine and fiber arts, lithography, calligraphy, photography, music, dance and the performing arts. Galleries, not to exceed 50 percent of the floor area, are permitted as an ancillary use. Any regulated use, as defined on Sec 41- 191 of the SAMC is not allowed. Uses meeting the definition of artisan/craft product manufacturing shall be deemed an artisan/craft product manufacturing use.
74. Tandem Parking Stall: Two or more parking spaces arranged one behind the other.
75. Thoroughfare: A vehicular way incorporating moving lanes and parking lanes (except alleys/lanes which have no parking lanes) within a right-of-way.
76. Tower-on-Podium: See 'Building Types'
77. Trade school: A school consisting of vocational educational programs for students to be trained in the fields related to healthcare, technology, legal services, and professional trades.
Ordinance No. NS-XXX
78. Traffic-Calming: A set of techniques which serves to reduce the speed of traffic.
Such strategies include lane -narrowing, on-street parking, chicanes, yield points, sidewalk bulge-outs, speed bumps, surface variations, mid-block deflections, and visual clues. Traffic calming is a retrofit technique unnecessary when thoroughfares are corr ectly designed for the appropriate speed at initial construction.
79. Transect: A system of classification deploying the conceptual range of ‘rural -to- urban’ to arrange in useful order, the typical context groupings of natural and urban areas. This gradient, when rationalized and subdivided into zones becomes the basis of the Regulating Plan and the 9 zones supporting this Plan.
80. Transit-Oriented Development: A remedial pattern within a loose urbanized area.
Its structure creates nodes at an efficient spacing for commuter or light rail. These nodes are mixed-use areas limited in extent by walking distance to the transit stop.
These nodes are usually surrounded by a residential hinterland, structured as neighborhood T.O.D.’s connected by a feeder bus system.
81. Transition Line: A horizontal line, the full width of a facade expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.
82. Tuck-under Housing: See 'Building Types'
83. Zaguan: A covered pedestrian passage between courts of one to two rooms in depth and one story in height.”
Section 13. Any section or subsection of this Article , Article XIX (The Transit Zoning Code, Specific Development No. 84) that is not reprinted or modified by this ordinance is hereby unamended.
Section 14. Any provision of the Santa Ana Municipal Code (SAMC) or appendices thereto found inconsistent with the provisions of the Ordinance, only to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance, inclusive of correc tions for typographical error, and shall be considered the same as if adopted at the time of this Ordinance.
Section 15. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitu tional 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 16. This Ordinance shal l become effective thirty (30) days after its adoption. Upon the effective date of this Ordinance, Ordinance Nos. NS-3063 and NS- 3064 shall be automatically repealed and rescinded as of that date.
Ordinance No. NS-XXX
Section 17. 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 ___________, 2025.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-_______ to be the original ordinance adopted by the City Council of the City of Santa Ana on ___________________, 2025 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
Ordinance No. NS-XXX
EXHIBIT “A”
A. On April 19, 2022, The City adopted an Amended General Plan. The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City.
B. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45 -day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (Moratorium Ordinance”). No. NS -3063. The purpose of the moratorium was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible industrial uses that cause a significant pollution burden to adjacent resid ential neighborhoods within the SD84 Zoning District.
C. On May 7, 2024, the City Council issued and file a Council report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions t hat led to the adoption of Urgency Interim Ordinance No. NS -3063, on April 16, 2024, regarding a 45 -day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 (the Transit Zoning Code).
D. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to the California Government Code, Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD84 Zoning District.
E. The Planning and Building Agency routinely reviews its ordinances to incorporate best practices, reflect changes to State law, and address community needs.
F. In adopting the Moratorium on April 16, 2024, the City Council of the City of Santa Ana established the following findings, all of which below remain true, applicable and necessary to support the adoption of Zoning Ordinance Amendment (ZOA) No. 2024 -02 amending certain portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code, Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District:
1. The Transit Zoning Code (TZC), located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010, and amended on July 16, 2019; and
Ordinance No. NS-XXX
2. Upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use designations for the areas covered by the TZC to allow for new, mixed -use residential and commercial communities; and
3. The goals of the TZC are to provide a transit -supportive, pedestrian - oriented development framework to support the addition of new, and enhancement of existing communities through, transit infras tructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of transportation; to provide zoning for the integrat ion of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
4. Industrial uses were established within the Logan and Lacy neighborhoods in close proximity to se nsitive land uses such as residences and schools prior to the adoption of the TZC, as far back as the late 19 th century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and
5. The TZC provides new mixed-use zoning for properties contained within its boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning districts until such time that properties were developed or improved to the mixed -use zones allowed by the TZC; and
6. Senate Bill (SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called “disadvantaged communities”, in their jurisdictions and address environmental justice in their general plans through facilitat ing transparency and public engagement in the planning and decision - making processes, reducing harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options; and
7. The City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
8. The Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana’s General Plan update complied with all aspects of SB 1000 prior to its adoption; and
9. As required by SB 1000, update of the General Plan and its associated land use plan identified and addressed long standing environmental justice issues throughout all its elements, which include 77
Ordinance No. NS-XXX
implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and
10. Numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU -1.1 (Compatible Uses), Policy LU -2.4 (Cost and Benefit of Development), Policy LU -3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU -4.3 (Sustainable Land Use Strategies), Policy LU -4.6 (Healthy Living Conditions), Policy CM -3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN -1.5 (Sensitive Receptor Decisions), Policy CM -.2 (Healthy Neighborhoods), and Policy HE -5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and
11. The industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
12. The Logan neighborhood is the oldest Mexican and Mexican -American neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century; and
13. The construction of Santa Ana (I -5) Freeway through Santa Ana in the 1950s resulted in many families being displaced through the demolition of single -family homes in the northeastern portion of the Logan neighborhood; and
14. In the 1970s, a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
15. The Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and
16. Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of segregation, disinvestment, and planning practices; and
Ordinance No. NS-XXX
17. The updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, they are design ated as varying intensities of District Center or Urban Neighborhood land use designations—both of which are inconsistent with industrial uses; and
18. There are pressing and growing code enforcement complaints stemming from the irreconcilable land use conf licts in the TZC.
Specifically, in the Logan and Lacy neighborhoods, the City’s Code Enforcement Division has investigated over 35 commercial and industrial properties in the past twelve months and currently has 16 active open cases that have been issued N otice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and
19. In the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently near sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution exposure to disadvantaged c ommunities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less i n diameter.
CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations.
Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
20. In the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently near sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution onto disadvantaged communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, vibration
Ordinance No. NS-XXX
impacts, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored b y
socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
21. There is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples include the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from n oise, vibrations, odors, and truck traffic; and the Rafferty mixed -use development with 218 residential units, including 11 onsite units for very- low income households, which is located less than one -fifth of a mile from industrial land uses; and
22. There is a marked increase in the pending and active development applications for industrial land uses in the TZC, including for contractor’s yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and st orage and warehousing operations, stemming from shifting economic demands for goods and services emerging from the Covid-19 pandemic; and
23. The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on October 17, 2023 to ensure the Cit y’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
24. MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning -related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area. Since adoption of the moratorium and its extension, MIG and City staff have focused the comprehensive update through an initial phase concentrating on amending the TZC; and
25. The policies and implementation actions in the General Plan also require review, study, and possible revision to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and
Ordinance No. NS-XXX
26. Given these concerns, the City Council directed that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district.
G. Following said analysis of the City Council points of discussion as iterated above, City staff has prepared ZOA No. 2024-02 to amend and add certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amend non - conforming regulations including the addition of an amortization process; amend and add operational standards for allowed uses and non-conforming uses; and delete the Industrial Overlay (I-OZ) zone from text and maps from certain properties within the SD84 Zoning District.
H. Amendments to Chapter 41 (Zoning) are necessary to ensure uniform and legally consistent regulations as well as additions to enable the City to implement a regulatory framework that protects the health, safety, and welfare of the City.
I. The proposed amendments to the Santa Ana Municipal Code (SAMC) that are the subject of this Ordinance support the objectives and policies of the City’s General Plan and are required to ensure consistency in accordance with Government Code Section 65860.
J. Specifically, these amendments to the SAMC timely address current inconsistencies within an area of the City prioritized for addressing EJ. In effect, the amendments are necessary to address numerous policies of the General Plan that the current TZC is found to be incon sistent with, that without such amendments, will continue the path of irreconcilable land use patterns within the TZC. Specifically, these policies include Policy LU -1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8 (Sen sitive Receptors), Policy LU -3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU -3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU -4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy EP -3.3 (Mitigate Impacts), Policy CN -1.5 (Sensitive Receptor Decisions), Policy CM -3.2 (Healthy Neighborhoods), and Policy HE -5.5 (Community Development), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities. The proposed amendments support these goals and policies by:
1. Fostering the compatibility between residential and no nresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life;
Ordinance No. NS-XXX
2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse;
3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance or elimination of those uses;
4. Responding to overarching EJ policies to develop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources;
5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible uses through the elimination of the I -OZ zone and associated industrial land use types from the list of allowable land uses within the TZC;
6. Developing and adopting new regulations to address facilities that emit pollution near sensitive receptors within EJ area boundaries, which includes areas of the TZC;
7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and
8. Creating a sustainable land use plan for the area that phases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irrecon cilable land use conflicts in the TZC area.
K. Additionally, the proposed amendments implement and/or contribute to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization:
1. LU1.1 - Development Code Update. Prepare a comprehensive update to the zoning code to ensure that the City’s zoning regulations align with the General Plan’s goals and policies.
2. LU3.3 - Healthy lifestyles. Collaborate with residents and industry stakeholders to create a program to incentivize and amortize the removal of existing heavy industrial uses adjacent to sensitive uses.
3. CN1.4 - Health risk criteria. Establish criteria for requiring health risk assessments for existing and new industries, including the type of business, thresholds, and scope of assessment. Review existing and establish new regulation to reduce and avoid increased pollution near sensitive receptors within environmental justice area boundaries.
Ordinance No. NS-XXX
4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas.
5. CN1.11 - Public education. Augment existing outreach programs to improve public awareness of State, regional and local agencies’ roles and resources to identify, monitor, and address air quality and other environmental hazards in the community.
6. HE5.C – Healthy Neighborhoods Initiatives. Update the City’s zoning code development and operational standards for industrial zones to address incompatibility with adjacent uses, including minimum distance requirements to buffer heavy industrial uses from sensitive receptors.
Conduct a study to evaluate and e stablish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences.
7. HE44.A – Fair Housing. Ensure all City programs and activities related to housing and community development are adm inistered in a manner that affirmatively furthers fair housing.
L. ZOA No. 2024-02 amends and adds certain sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84 Zoning Di strict, including Section 41-2001 (Application of Article), Section 41-2001.5 (Organization), Section 41-2002 (Nonconforming Buildings, Structures and Uses), Section 41-2004 (The Industrial Overlay (I -OZ) Zone), Section 41 -2005 (Application for Discretionary Approvals), Section 41 -2006 (Zones Established), Section 41-2007 (Uses Permitted) Section 41 -2008 (Operational Standards), Section 41 -2009 (Operational Standards for Nonconforming Industrial Uses), and Section 41-2080 (Definitions).
M. On February 24, 2025, the Planning Commission held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the Ordinance to the City Council.
N. On March 18, 2025, the City Counci l held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard.
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXXX
AMENDMENT APPLICATION (AA) NO. 2024 -03 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF SANTA ANA BY REMOVING THE M1
(LIGHT INDUSTRIAL) AND M2 (HEAVY INDUSTRIAL)
SUFFIXES FR OM CERTAIN PROPERTIES WITHIN THE
SD-84 ZONING DISTRICT BOUNDARY
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council has, by separate action taken on March 18, 2025, adopted an Addendum to the Transit Zoning Co de Environmental Impact report (“EIR”) (State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City Council (“Addendum”). The Addendum analyzed the environmental impacts of the actions taken in this Ordinance. Adopting the Adden dum satisfied the City Council’s obligations under the California Environmental Quality Act (“CEQA”) regarding amendments to the Transit Zoning Code and none of the conditions in Public Resources Code section 21166 or State CEQA Guidelines 15162 apply. Thu s, no further environmental review is required as adoption of this Ordinance falls within the scope of the adopted Addendum and previously certified EIR.
Section 2.
The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:
A. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code provides that
“Because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to:
(a) Encourage the most appropriate use of land;
(b) Conserve and stabilize property value,
(c) Provide adequate open spaces for light and air and to prevent and fight fires,
(d) Prevent undue concentration of population, lessen congestion on streets and highways, and
Ordinance No. NS-XXX
(e) Promote the health, safety and general welfare of the people, all as part of the general plan of the City.”
Consistent with this purpose, the City of Santa Ana has adopted a zoning map, which has since been amended from time to time.
B. On April 19, 2022, the City adopted an Amended General Plan The Amended General Plan became effective on May 26, 2022 and adopted a new Land Use Plan for the City and established new land use designations and policies for development of the City.
C. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt a 45 -day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District (the “Moratorium Ordinance”). The purpose of the Moratorium Ordinance was to immediately protect the public health, safety, and welfare of residents and businesses from incompatible indust rial uses that cause a significant pollution burden to adjacent residential neighborhoods within the SD -84 Zoning District.
D. On May 7, 2024, the City Council issued and file a Council report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of Urgency Interim Ordinance No. NS-3063, on April 16, 2024, regarding a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the Transit Zoning Code Specific Development No. 84.
E. On May 21, 2024, the City Council adopted an extension of the Moratorium Ordinance for an additional ten (10) months and fifteen (15) days pursuant to California Government Code , Section 65858. The extension was necessary to allow sufficient time for staff to continue with conduct research of appropriate regulations, and coordinate with outside regulatory agencies and City departments to develop appropriate zoning regulation to address the impacts of industrial development in the SD -84 Zoning District.
F. After continued research and study, two ordinances have been developed that address the impacts from industrial land uses in the SD -84 Zoning District. The ordinances address the following:
a. Zoning Ordinance Amendment (ZOA) No. 2024 -02 to amend certain provisions of the Santa Ana Municipal Code and amend portions of the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, including the deletion of industrial land uses; amendment of non - conforming regulations; and,
b. Amendment Application (AA) No. 2024 -03 to remove the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain properties
Ordinance No. NS-XXX
within the SD -84 Zoning District boundary as designated on the City of Santa Ana Zoning Map.
G. AA No. 2024 -03 is consistent with and implements the amendments proposed by ZOA No. 2024 -02 by ensuring uniform and legally consistent mapping of the City’s Zoning Districts; and enables the City to implement a regulatory framework that protects the health, safety, and welfare of the City and its residents.
H. The proposed amendments to the Zoning Map contained in AA No. 2024 - 03 are required to ensure consistency with the City’s General Plan in accordance with California Government Code, Section 65860.
I. Adoption of AA No. 20243 is consistent with and implements the Amended General Plan. Specifically, it is consistent with the following:
The amendments timely address current inconsistencies within an area of the City prioritized for addressing EJ.
(a) Policy LU-1.1 (Compatible Uses),
(b) Policy LU-2.4 (Cost and Benefit of Development)
(c) Policy LU-3.8 (Sensitive Receptors),
(d) Policy LU -3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses),
(e) Policy LU-3.11 (Air Pollution Buffers),
(f) Policy LU-4.3 (Sustainable Land Use Strategies),
(g) Policy LU-4.6 (Healthy Living Conditions),
(h) Policy CM-3.2 (Healthy Neighborhoods),
(i) Policy EP-1.9 (Avoid Conflict of Uses),
(j) Policy EP-3.3 (Mitigate Impacts);
(k) Policy CN-1.5 (Sensitive Receptor Decisions),
(l) Policy CM-3.2 (Healthy Neighborhoods), and
(m) Policy HE -5.5 (Community Development) which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain
neighborhoods now termed d isadvantaged communities. The proposed amendments support these goals and policies by:
1. Fostering the compatibility between residential and nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life;
2. Resolving the development of industrial land uses and sensitive receptors being in close proximity to each other that pose health hazards by eliminating an overlay zone that promulgated continuation of industrial uses without recourse;
3. Improving the health of the existing and future residents of the TZC by regulating the operations of noxious, hazardous, dangerous, and polluting uses by giving priority to the discontinuance of those uses;
Ordinance No. NS-XXX
4. Responding to overarching EJ policies to d evelop and implement land use and zoning strategies to separate existing sensitive uses from heavy industrial facilities and emission sources;
5. Continuing to support the creation of healthy neighborhoods by addressing land use conflicts and incompatible use s through the elimination of the I -OZ zone and associated industrial land use types from the list of allowable land uses within the TZC;
6. Developing and adopting new regulations to address facilities that emit increased pollution new sensitive receptors wit hin EJ area boundaries, which includes areas of the TZC;
7. Avoiding potential land use conflicts in the future by prohibiting the location of noxious land uses in proximity to sensitive receptors; and
8. Creating a sustainable land use plan for the area that ph ases out land uses that are causing a substantial drain on City and other public agency resources in addressing the impacts from irreconcilable land use conflicts in the TZC area.
J. Additionally, AA No. 2024 -03 implements and/or contributes to achieving the following specific action programs of the General Plan, most particularly directly addressing LU3.3 through the creation of a discontinuance of nonconforming industrial uses through amortization:
1. LU1.1 - Development Code Update. Prepare a comprehensive u pdate to the zoning code to ensure that the City’s zoning regulations align with the General Plan’s goals and policies. Update the Metro East Mixed-Use Overlay District to remove the portion within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific Plan.
2. LU3.3 - Healthy lifestyles. Collaborate with residents and industry stakeholders to create a program to incentivize and amortize the removal of existing heavy industrial uses adjacent to sensitive uses.
3. CN1.4 - Health risk criteria. Establish criteria for requiring health risk assessments for existing and new industries, including the type of business, thresholds, and scope of assessment. Review existing and establish new regulation to reduce and avoid increased pollution near sensitive receptors within environmental justice area boundaries.
4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas.
5. CN1.11 - Public educa tion. Augment existing outreach programs to improve public awareness of State, regional and local agencies’ roles and resources to identify, monitor, and address air quality and other environmental hazards in the community.
Ordinance No. NS-XXX
6. HE5.C - Healthy Neighborhoods I nitiatives. Update the City’s zoning code development and operational standards for industrial zones to address incompatibility with adjacent uses, including minimum distance requirements to buffer heavy industrial uses from sensitive receptors.
Conduct a study to evaluate and establish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences.
7. HE44.A - Fair Housing. Ensure all City programs and activities relating to housing and commu nity development are administered in a manner that affirmatively furthers fair housing.
Section 3. The City Council of the City of Santa Ana hereby adopts and approves the Amendment to the Official Zoning Map of the City of Santa Ana, as shown in Exhibi t “A,” attached hereto and incorporated herein by reference. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated March 18 , 2025, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstituti onal 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 e ach 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 bec ome 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.
ADOPTED this _______ day of ___________, 2025.
________________________________
Valerie Amezcua
Mayor
Ordinance No. NS-XXX
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Melissa Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-_______ to be the original ordinance adopted by the City Council of the City of Santa Ana on ___________________, 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
Ordinance No. NS-XXX
Exhibit A
1 EXHIBIT 4
Environmental Health Reports
EXHIBIT 4.1- Office of Environmental Health Hazard Assessment (OEHHA-EPA) The map illustrates Disadvantaged Communities within Santa Ana as identified by the Office of Environmental Health Hazard Assessment (OEHHA), with the Logan and Lacy neighborhoods shown in red in the central core of the city. The map below highlights the Disadvantaged Communities (DACs) within the City of Santa Ana, with both Logan and Lacy neighborhoods falling into that category. The CalEPA has responsibility for identifying those communities and CalEPA’s designation of disadvantaged communities must be based on “geographic, socioeconomic, public health, and environmental hazard” criteria. CalEPA DACs affect an entire or a portion of thirty-three of Santa Ana’s neighborhoods.
2 EXHIBIT 4.2- Center for Disease Control/ Agency for Toxic Substances and Disease Registry (CDC/ ATSDR) The CDC/ATSDR Environmental Justice Index Map illustrates environmental health burdens in Santa Ana's Lacy neighborhood. The data shows significant environmental justice concerns, with the area ranking high (0.89) for overall air pollution impacts. Specifically, the neighborhood shows elevated exposure levels for Particulate Matter (PM) 2.5 (0.97), Diesel Particulate Matter (0.76), and Air Toxics Cancer Risk (0.76).
3 EXHIBIT 4.2- Center for Disease Control/ Agency for Toxic Substances and Disease Registry (CDC/ ATSDR) (Continued)
The CDC/ATSDR Environmental Justice Index Map demonstrates significant environmental burdens in Santa Ana's Logan neighborhood. The data indicates high environmental justice concerns, with an air pollution ranking of 0.90. Specifically, the area shows severe exposure to Particulate Matter (PM) 2.5 (0.97), Diesel Particulate Matter (0.76), and Air Toxics Cancer Risk (0.78).
4 EXHIBIT 4.3- City of Santa Ana Overview, United States Environmental Protection Agency (EPA) The EPA's Environmental Justice screening map illustrates the City of Santa Ana's environmental burden distribution.
This data aligns with CalEnviroScreen 4.0 findings and highlights the concentration of environmental impacts in the central urban core, where industrial uses continue to affect long-established residential communities.
5 EXHIBIT 4.3.1- Particulate Matter (PM 2.5) for Logan and Lacy Community, United States Environmental Protection Agency (EPA)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Particulate Matter (PM) 2.5 reflecting a heavy burden of 95% and above in the percentile score
6 EXHIBIT 4.3.2- Air Toxics Cancer Risk for Logan and Lacy Community, United States Environmental Protection Agency (EPA)
The EPA’s Environmental Justice map and screening tool uses national consistent data combining environmental and demographic indicators in maps and reports. The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Air Toxics Cancer Risk, reflecting at 90% or higher.
7 EXHIBIT 4.3.3- Hazardous Waste Proximity for Logan and Lacy Community, United States Environmental Protection Agency (EPA)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Hazardous Water Proximity, showing a percentile of 95% or above.
8 EXHIBIT 4.3.4- Diesel Particulate Matter for Logan and Lacy Community, United States Environmental Protection Agency (EPA)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Diesel Particulate Matter indicating percentiles above 90%.
9 EXHIBIT 4.3.5- Toxic Release to Air for Logan and Lacy Community, United States Environmental Protection Agency (EPA)
The map below indicates the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Toxic Releases to Air showing a high percentile score of 90%.
10 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI) The Healthy Places Index (HPI) comprises a data and policy platform to advance equitable community investments, develop critical programs and policies and advance health equity through open and accessible data. The map below captures the City of Santa Ana, which indicates that the majority of the City of Santa Ana’s neighborhoods rank on the LOW scale of the healthy community conditions, as seen in the dark blue and light blue layers.
11 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI), Lacy Neighborhood (Continued)
Using the HPI mapping tool, the Lacy neighborhood ranks at a 9.6% of the least healthy community conditions.
12 EXHIBIT 4.4- City of Santa Ana Overview, Healthy Places Index (HPI), Logan Neighborhood (Continued)
Using the HPI mapping tool, the Logan neighborhood ranks on the LOW end, showing nearly 11% of the least healthy community conditions.
13 EXHIBIT 4.5- CalEnviroScreen 4.0- Logan and Lacy Neighborhoods The CalEnviroScreen 4.0 provides an insight into vulnerable communities that are most affected by pollution burdens, with special consideration on race and ethnicity. The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana at 90% or above as being burdened by pollution.
1 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
SD-84/Transit Zoning Code (TZC) Moratorium and Ordinance Amendment Frequently Asked Questions
This document provides information about the Specific Development No. 84 (SD-84) zoning district, otherwise known as the Transit Zoning Code (TZC), moratorium and the proposed ordinance amendment. Please note, the information provided in this FAQ is for general informational purposes only. Interested parties should review the proposed Moratorium text and the Ordinance text for detailed information and applicability.
1. When does the moratorium expire? The Transit Zoning Code (TZC/ SD-84) is a special zoning district in central Santa Ana designed to create a pedestrian-friendly, transit-oriented community while protecting existing neighborhoods. TZC industrial moratorium began with Ordinance No.
NS-3063 on April 16, 2024, as a 45 -day urgency measure. The City Council then adopted Ordinance No. NS-3064 on May 21, 2024, extending the moratorium for an additional ten months and fifteen days. The current moratorium will expire on April 15, 2025.
2. Why was the moratorium adopted? The City Council adopted the TZC industrial moratorium on April 16, 2024 to immediately protect public health, safety, and welfare from industrial uses causing significant pollution burden to adjacent residential neighborhoods within the TZC district.
The action addressed historical land use conflicts in the Logan and Lacy neighborhoods, where industrial uses have remained, changed ownership, expanded, or intensified despite t he area's 2010 transit -oriented zoning designation. CalEnviroScreen 4.0 data confirms these neighborhoods rank at 90 percent or above among California's most pollution -burdened communities, with documented exposure to various environmental hazards. The exi sting Industrial Overlay Zone (I -OZ) created inconsistencies with the General Plan's mixed -use designations and allowed industrial uses to continue operating near residential areas.
3. What impact does the moratorium have on business permits and future de velopment? The moratorium prohibits the establishment of new, or expansion or intensification of existing, industrial businesses within the TZC. Existing industrial businesses can obtain permits for work that is for routine maintenance, or of a similar nature, that does not result in new, expanded or intensified use. The moratorium does not impact residential, commercial, or mixed -use development in the TZC plan area.
4. How does the proposed permanent ordinance to amend the TZC propose to regulate industrial intensification within the plan area? The ordinance would remove the industrial overlay and remove industrial type uses from the permitted uses table in the TZC. The removal of the overlay and of industrial type uses from the permitted uses table would render all existing industrial businesses within the plan area as nonconforming, thereby prohibiting the expansion of the existing industrial businesses and the establishment of new industrial businesses in the plan area. Moreover, the ordinance wo uld prohibit intensification of nonconforming industrial uses, meaning the businesses would be prohibited from expanding operations that result in more potential impacts.
5. Does this impact commercial businesses or r esidential uses? The proposed amendments primarily address industrial uses within the TZC district . Commercial businesses that are
2 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
compatible with mixed-use and transit-oriented development will continue to be permitted uses in the TZC . The amendments aim to enhance the compatibility between re sidential areas and neighboring businesses by removing industrial uses that create environmental and health impacts. These changes support the original 2010 TZC vision of creating a transit -supportive, pedestrian-oriented development framework that strengthens the area's mixed -use character while protecting existing residential neighborhoods. The amendments focus on safeguarding the residential communities in the area from industrial impacts while maintaining appropriate commercial activities that serve neighborhood needs.
6. How does this ordinance compare to similar policies in other cities? Most cities, including the City of Santa Ana, regulate nonconforming uses and structures. Several cities also include abatement or amortization processes to further regulate and terminate nonconforming uses and structures to advance overall land use policy direction. A few cities target termination of specific nonconformities, such as adult entertainment, industrial uses, and billboards or other types of signage, or certain types of buildings or structures. The City of National City has a well-established industrial amortization program, reviewing and ranking various businesses to be prioritized for amortization.
7. What are the differences between the M1 and M2 over lay, and how does it impact businesses within each zone? The Industrial Overlay (I-OZ) Zone is currently applied to areas that were zoned M1 (Light Industrial) or M2 (Heavy Industrial) and occupied with an industrial use when the TZC was originally adopted in 2010. As written, this overlay allows the type of land use activity and development permitted by the M1 and M2 zoning districts to continue until such time that the owner cho oses to develop to the standards in the new residential and mixed -use zones that were applied to all of the properties within the plan area when the TZC was originally adopted. In order to determine if the M1 or M2 land use activity and development apply to a particular parcel, the I-OZ was further identified on the regulating plan (map) as I-OZ-M1 or I-OZ- M2.
8. Why is the City considering permitting residential on industrial properties? All of the properties within the TZC were assigned zones that permit residential and/or mixed -use development in 2010, when the plan was originally adopted. The proposed ordinance would not change or affect the zones that are already applicable to the properties within the boundary of the TZC. Rather, the proposed ordinance would simply remove the industrial overlay that was applied to certain pro perties within the plan area that had existing industrial businesses when the plan was adopted in 2010.
9. Why does the proposed ordinance prohibit the conversion of residential land uses or buildings to non-residential uses in the UN-1 and UN-2 zones of the TZC? UN-1 and UN-2 zones are applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood serving retail and cafes. The proposed ordinance would prohibit the conversion of residential uses/building to non- residential uses in these areas to strengthen and stabilize the low intensity residential nature of these
3 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
neighborhoods, while still allowing some limited neighborhood -serving commercial uses on properties that are already non-residential in nature.
10. How will this ordinance affect businesses that want to sell or transfer ownership to future owners? As proposed, the ordinance will not affect the transferability of nonconforming industrial uses, as defined in the ordinance , to future owners. However, the nonconforming status of a business that meets the definition of a Noxious Use, as defined in the TZC, would lose its nonconforming status when the business ownership changes or if it meets the code enforcement thresholds established in the proposed ordinance.
11. How does the City determine when a business has transferred to new ownership? All businesses operating in commercial locations must obtain a Certificate of Occupancy (COO) from the Planning Division before receivi ng a business license, while those in residential areas must secure a Home Occupation Permit. A new COO is required whenever a business changes its use, changes ownership, changes location, expands, or changes its name. Businesses that do not apply and obtain a COO may face code enforcement action.
12. What is a nonconforming use? A nonconforming use is a use that was lawful when established but became unlawful due to new or amended ordinances. These uses are sometimes referred to as "grandfathered" uses and are typically allowed to continue without expansion or intensification. The SAMC defines “nonconforming uses” generally as uses initiated before July 20, 1960, or those that were compliant with applicable provisions when established but later became nonconforming due to code changes or public agency property acquisition.
13. What is amortization? Amortization is a tool that provides a reasonable transition period for owners to phase out a nonconforming use. This "grace period" allows owners to recoup their investments before the use must cease, and serves as a lawful equivalent to “just compensation.” Under the proposed ordinance, the City may consider amortizing certain nonconforming industrial uses based on factors enumerated in the ordinance. If the City elects to eliminate a use through amortization, a reasonable amortization period would be determined by an independent hearing officer be based on an individualized assessment.
14. The proposed ordinance references the use of a Hearing Officer for determining amortization periods in cases where the City elects to pursue elimination of a business/use through that mechanism. Who serves as hearing officer and what educational/professional background do they have? Hearing officers typically possess a bac kground in law, urban planning, public administration, or a related field, and are already on retainer by the City of Santa Ana to adjudicate certain code enforcement appeals and other matters. Cities often utilize hearing officers to provide a neutral and impartial forum for dispute resolution, thereby increasing procedural fairness and public trust. Additionally, hearing officers often bring specialized expertise in navigating complex regulatory frameworks, which can streamline the hearing process and lead to more informed decision-making.
The proposed ordinance requires that
any hearing officer retained for the purposes of administering the amortization provisions must possess land use and legal background.
4 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
15. What industrial businesses would be consider ed nonconforming if the ordinance were adopted as proposed? The proposed ordinance defines nonconforming industrial use as a use established on any parcel or within any building located within the boundaries of the TZC that is listed in the uses permitted or uses permitted subject to a conditional use permit of the M1 (Light Industrial) or M2 (Heavy Industrial) zoning districts but that are no longer permissible through the proposed amendment. As such, all industrial businesses would be considered nonconforming if the ordinance were adopted as proposed.
16. What are the differences between a nonconforming industrial use and a noxious use? A nonconforming industrial use is a use established on any parcel or within any building located within the boundaries of TZC that is listed in the uses permitted or uses permitted subject to a conditional use permit of the M1 (Light Industrial) or M2 (Heavy Industrial) zoning districts but that are no longer permissible through the proposed amendment. A noxious use, as the term is defined and used in the proposed ordinance, is a nonconforming industrial use that is located within one thousand (1,000) linear feet of a public park, school (K -12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two or more of the following: 1) Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; 2) Operations that are regulated by and require a permit from a federal, state, or regional agency; 3) Storing, processing, or disposing of listed or hazardous waste; or 4) Operations that are not contained within a fully enclosed building. If an existing industrial business does not meet the criteria included in the definition of a noxious use, then it is considered a nonconforming industrial use. However, if the nonconforming industrial use meets the criteria of noxious use, then the business is also considered a noxious use.
17. How is artisan/craft product – limited production defined in the proposed ordinance? Artisan/craft product - limited production is defined as a specialized commercial facilit y with a retail-facing operation open to the public. Products are typically made by hand or with a restricted level of automation demonstrating an artistic skill. On -site production of artisan/craft product activities include design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are not limited to, electronics, food products, furniture-making, beverages, leather products, clocks and watche s, jewelry, clothing/apparel, metal work, furniture and fine woodworking, glass, ceramics, paper and paper products, soaps, perfumes, and lotions, together with ancillary training and/or educational program activities.
18. What adjustments can be made to operational business hours to mitigate noise concerns? The proposed ordinance does not include language modifying noise standards. However, the proposed ordinance does include hours of operation that would apply to nonconforming industrial uses, which would limit noise impacts experienced by residents of the area. The TZC currently requires approval of a conditional use permit (CUP) for any business operating between 12:00 a.m. (midnight) and 7:00 a.m. During the CUP consideration process, the Planning
5 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
Commission may approve specific conditions of approval to address individual noise concerns on a per-application basis.
19. Can the City require a C UP and conditions of approval for noise regulation to existing nonconforming industrial businesses as done for late -night establishments? A CUP and conditions of approval cannot be applied retroactively. The TZC currently requires a conditional use permit for late-night operations, and through Planning Commission approval of conditions of approval, noise-generating activities can be addressed on a per-application basis.
20. How were noise level limits determined, and do they align with C ity standards? There are no proposed modifications to the TZC’s existing noise standards.
21. What standards are proposed to mitigate air contaminants from industrial businesses? The proposed TZC amendments require all operations to be conducted within enclosed buildings, with measures to prevent dust, smoke, and other air contaminants. While businesses must comply with South Coast Air Quality Management District (SCAQMD) permit requirements, it's important to note that regulatory agencies rely on self -reported emissions data rather than independent measurements. The City's standards require enclosed operations, proper materials handling, and controlled loading activities. For specific requirements, please refer to Section 41- 2009 of the proposed ordinance regarding Operational Standards for Nonconforming Industrial Uses.
22. How does truck idling impact the environment, and how can it be controlled? Truck idling releases high levels of nitrogen oxides (NOx) and particulate matter (PM 2.5), contributing to respiratory diseases, cardiovascular illnesses, and increased cancer risks, in accordance with the Environmental Protection Agency (EPA, 2023) and California Air Resources Board (CARB, 2023).
While anti -idling laws exist, enforcement by South Coast Air Quality Management District (SCAQMD) is limited due to resource constraints and the requirement for in -person violation confirmation, making stricter enforcement and alternative mitigation strategies essential (SCAQMD, 2024).
23. What role do external agencies play in regulating businesses in this area? Several agencies regulate air and water quality to protect public health and the environment. The Environmental Protection Agency (EPA) sets national air quality standards under the Clean Air Act (CAA), while California Air Resources Board (CARB) enforces statewide pollution and emissions regulations.
South Coast Air Quality Management District (SCAQMD) oversees regional air quality compliance in Southern California through permitting, monitoring, and enforcement programs. Additionally, the California State Water Resources Control Board (CSWRCB) and its regional boards regulate industrial wastewater discharge and water pollution under the Clean Water Act (CWA) and Porter-Cologne Water Quality Control Act to safeguard water resources.
24. Are these agencies issuing and enforcing permits for air quality and other regulations? Yes, businesses must obtain emissions permits under the Clean Air Act (CAA) and CARB regulations, with periodic reporting required to maintain compliance. However, the City’s experience with these outside agencies shows that enforcement is often limited, as violations must be witnessed
6 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
in real time by an inspector, who may take up to three hours to respond, with restricted weekend availability. Additionally, video evidence of violations is not accepted under current policies, making enforcement more challenging.
25. Is there ongoing air quality testing in the TZC? Yes. Air quality monitoring in this area is conducted through multiple agencies. The South Coast Air Quality Management District (SCAQMD) provides regular monitoring and responds to community complaint s. The CalEnviroScreen 4.0 data tracks ongoing pollution measurements, confirming these neighborhoods rank in the 90th percentile for pollution burden. The Environmental Protection Agency’s (EPA) environmental justice mapping provides additional air quality monitoring data.
26. How are violations currently tracked, and what code enforcement reports exist? City staff have an internal process established which tracks and monitors incoming notice of compliance and notice of violations given to a particular business/operator from federal, state, or regional regulatory agencies. However, this process is dependent on the collaborative communication with external regulatory agencies’ reports and enforcement, which has been limited.
27. What measurable environmental impacts justify this ordinance? Data from CalEnviroScreen
4.0 ranks the TZC plan area among the top 90 percent of California’s most pollution -impacted areas, with high emissions from toxic releases, traffic, and diesel particulate matter. According to the EPA and CDC, prolonged exposure to these pollutants has led to 58 percent of children suffering from asthma, 84 percent of newborns having low birth weight, and 49 percent of residents experiencing cardiovascular diseases. Additionally, asthma- related em ergency room visits in TZC are 117 percent higher than in the nearby city of Tustin (CDHHS, 2019), underscoring the urgent need for stricter air quality regulations.
28. Can the City address environmental concerns in the area without displacing or forcing businesses to relocate/close? The proposed ordinance aims to address the quality-of-life issues experienced by residents in the area through adoption of operating and development standards that would be applicable to industrial businesses, and by establishing a framework for amortization that the City may use for businesses that meet certain factors. Nonconforming industrial uses that comply with all applicable standards , would be permitted to remain in their current location and would not be forced to relocate or close.
29. What programs or alternative solutions exist for impacted businesses? Impacted businesses can continue to operate in their current locations, provide d they comply with all applicable operating and development standards.
30. How does this ordinance affect financial factors such as jobs, tax revenue, economic growth? The proposed ordinance amendments do not require any immediate closure of businesses wit hin the affected area. Should individual business owners and property owners elect to modify business operations, cease operations, or redevelop properties with new uses, financial factors would be evaluated on a per -application basis. Therefore, estimatin g any financial impacts of the proposed ordinance would be speculative.
7 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
31. What steps have been taken to ensure effective community engagement? The City has implemented a community engagement strategy that includes multiple formats and opportunities for participation. Since April 16, 2024, engagement efforts have included a community information meeting at the Santa Ana Train Station; regular in -person meetings at City Hall with business stakeholders and residents, together, with opportunities for discus sion; field visits to affected neighborhoods have allowed for direct observation and community input in context; and tours of industrial businesses. The Planning Commission Study Session and subsequent public hearings have and will also offer formal venues for community feedback.
Additionally, the City maintains a dedicated project webpage ( www.santa-ana.org/transit-
zoning-code-update/) that provides regular updates, meeting materials, and upc oming engagement opportunities, as well as contact information for project staff. Additional outreach has included neighborhood -specific sessions with Lacy and Logan residents, one -on-one consultations, direct email communications, phone calls, and coo rdination through the Environmental Justice Action Committee.
32. How does this ordinance promote common ground among stakeholders? The City ensured business owners and residents were informed about the meetings through door -to-door canvassing by City staff, as well as announcements on the City’s website, NextDoor, Neighborhood Initiatives and Environmental Services’ (NIES) Mailer, and the NIES Newsletter.
These efforts facilitated open communication and engagement, fostering collaboration among stakeholders.
33. How can the public be involved in the process? The public can participate through multiple channels. Community members can at tend public hearings and Planning Commission meetings, visit the project webpage at www.santa -ana.org/transit-zoning-code-update/ for current
information and updates, and contact the Planning Division directly with questions or concerns.
The City continues to hold focused community meetings and maintains open communication with residents, business owners, and stakeholders throughout this process.
34. What additional outreach efforts should be made before implementation? The City has established robust interdepartmental and interagency coordination to support implementation.
The City maintain active collaboration with Orange County Fire Authority (OCFA) regarding safety compliance and emergency response planning , and t he South Coast Air Quality Management District (SCAQMD) for technical guidance on air quality monitoring and compliance. Internal coordination continues between City departments including t he Planning Division, Code
Enforcement Division, Santa Ana Police Department, and the Public Works Agency to ensure comprehensive implementation oversight. The City's Neighborhood Initiatives and Environmental Services team coordinates with federal and state agencies including CalEPA's Environmental Justice Team and the Centers for Disease Control (CDC) to identify additional resources and support for affected communities. The Environmental Justice Action Committee, comprising residents, community organizat ions, and agency representatives, helps guide implementation priorities. Given these established partnerships and communication channels, the City is prepared to move forward with implementation while maintaining these collaborative relationships to ensure effective oversight and responsive community support.
8 Disclaimer: The information provided in this FAQ is for general informational purposes only and should not be construed as legal advice.
35. How does the TZC compare to the West Santa Ana Boulevard Focus Area? The TZC area and West Santa Ana Boulevard Focus Area have fundamentally different General Plan land use designations and regulatory frameworks. The TZC was established in 2010 with mixed -use General Plan designations throughout, but retained an Industrial Overlay Zone (I-OZ) that allowed industrial uses to continue, creating inconsistencies. The West Santa Ana Boulevard Focus Area has its own distinct General Plan designations and does not have an industrial overlay. The proposed ordinance would remove the TZC 's Industrial Overlay Zone, bringing its zoning into alignment with its mixed -use General Plan designations and supporting the area's intended transit-oriented, pedestrian-friendly development pattern.
36. Will this process be applied to other parts of the City? The proposed ordinance amendments will only affect the area zoned as the Transit Zoning Code (SD-84). The City is also underway with a comprehensive Zoning Code Update, which is a separate and ongoing effort to update and modernize the City’s Zoning Code to reflect the goals and values of the General Plan Update from 2022.
37. What type of environmental document pursuant to the California Environmental Quality Act (CEQA) will be prepared for this project? The City, as the Lead Agency, has determined that the proposed ordinance and map amendment are subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000 -21177). An Addendum to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) has been prepared by the City to evaluate the impacts of the proposed ordinance amendments.
28. Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 (“SD-84”), Also Known as the Transit Zoning Code (“TZC”) for Ten (10) Months and Fifteen (15) Days Pursuant to Government Code Section 65858(a) Legal notice published in the Orange County Reporter on May 6, 2024.
Department(s):
Recommended Action:
1. Adopt an urgency ordinance extending a moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within SD-84, by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), for an additional 10 months and 15 days.
UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX entitled AN UNCODIFIED
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
EXTENDING A MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS PURSUANT TO GOVERNMENT CODE SECTION 65858
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84
AGENDA TITLE
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 (“SD-84”), Also Known as the Transit Zoning Code (“TZC”) for Ten (10) Months and Fifteen (15) Days Pursuant to Government Code Section 65858(a)
Legal notice published in the Orange County Reporter on May 6, 2024.
RECOMMENDED ACTIONS
1. Adopt an urgency ordinance extending a moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within SD-84, by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), for an additional 10 months and 15 days.
UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX entitled AN UNCODIFIED
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
EXTENDING A MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS PURSUANT TO GOVERNMENT CODE SECTION 65858
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
GOVERNMENT CODE §84308 APPLIES: No
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
4 2
7 9
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
4 2
7 9
EXECUTIVE SUMMARY
On April 16, 2024, the City Council adopted a Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 Zoning District through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of this Moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods in the Transit Zoning Code (Specific Development No. 84) through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness. During the moratorium, the City is not issuing permits that result in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the Transit Zoning Code (TZC).
Pursuant to Government Code Section 65858, the Moratorium shall have no further force and effect 45-days from the date of its adoption, which was April 16, 2024, unless extended. An extension requires the City Council issue a written report ten days prior to the expiration of the Moratorium, or extension thereof, describing the measures taken to alleviate the condition which led to the adoption of the Moratorium, provide notice pursuant to Government Code Section 65090, and hold a public hearing. Government Code Section 65858(a) allows an extension for 10 months and 15 days and a subsequent extension for one year. An extension also requires a four-fifths (4/5) vote of the City Council.
On May 7, 2024, the City Council issued a report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of the Moratorium.
City staff has determined that an extension of the Moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code is necessary to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to provide a complete analysis and thorough evaluation of the more than 130 industrial businesses within the TZC.
An extension of the Moratorium would provide sufficient time to enable staff to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Such action may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC.
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
4 2
7 9
DISCUSSION
Background
Review of City Department Activities
Immediately following the adoption of the Moratorium, staff conducted an interagency meeting, which included representatives from multiple City departments. These departments include the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Moreover, engagement with additional agencies such as the Police Department, Public Works Agency, and the Community Development Agency’s Economic Development Division has produced critical information illustrating the extent to which industrial activities are intertwined with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods.
Data based on Business License and Economic Development records indicate that the application of the Moratorium affects more than 130 industrial businesses in the TZC. Of these, over one-dozen have active applications for permits, the majority of which are to legalize unpermitted work on industrial properties and address ongoing Code Enforcement Division notices of violation.
City staff continue to gather, review, and analyze information regarding affected industrial businesses within the TZC. Specific data and reporting pertains to applications submitted by industrial businesses for permits, entitlements, certificates of occupancy, business licenses, and other relevant records immediately prior to and following the adoption of the Urgency Interim Ordinance and currently under review by City staff.
Requests for information on calls for service and incident activities responded to by public safety departments of the Santa Ana Police Department (SAPD) and the Orange County Fire Authority (OCFA) are being reviewed by City staff to understand and validate public safety concerns or impacts shared by neighbors in disadvantaged communities with actual calls and emergencies reported.
Initial reports from the SAPD show calls for service in the TZC totaling 18,510 calls between March 2023 and April 2024. These calls for service included patrol checks, car stops, disturbances, alarm activation, trespassing, and many more types of calls for service. Of the 18,510 calls for service, 1,909 incidents reported were related to collisions, impounded vehicles, hit and run collisions, domestic violence, and Santa Ana municipal code violations. Similarly, data from OCFA shows 62 calls for service in 2022 and 66 calls for service for 2023 for a combined 128 calls for service for both 2022 and 2023 for advanced life support-related emergencies. Specifically, 29 of the service calls responded to by OCFA in 2022 were related to health stemming from respiratory concerns to chest pain and cardiac arrest, along with long-term diabetic issues and chest pains. In 2023, there was nearly a seven percent (7%) increase in the number of health-related calls OCFA responded to related to health issues.
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
4 2
7 9
In addition, City staff continue to monitor Code Enforcement Division activities and implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code Enforcement staff will broaden data reports that show enforcement activity beyond the Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the Moratorium, 17 active open cases were issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The amount of active open industrial cases, in close proximity to one another, during a short period of time is creating a public nuisance and harming the public health, safety, and general welfare of the two residential neighborhoods.
Since the adoption of the Moratorium, City staff have received multiple code enforcement complaints from community members about industrial businesses in the TZC area that were also reported previously before the adoption of the Moratorium. City staff have received repeated code enforcement and air emission complaints about facilities in the Logan neighborhood and are working with Code Enforcement Division and SCAQMD staff to obtain responses, investigations, or reports provided by the Code Enforcement Division and SCAQMD to the complaints reported. Recent code enforcement complaints on properties in the Logan neighborhood involve complaints for recurring unpermitted work and land use violations that involve large commercial vehicles blocking street access and impacting nearby residents.
Code Enforcement Division follow-up has resulted in larger administrative citations, continued enforcement, and onsite meetings with business owners. Moreover, air emission complaints have been reported to SCAQMD. These complaints include one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. Part of the jurisdictions that City staff are working with include SCAQMD staff to obtain updates regarding the status of these complaints. SCAQMD staff investigated one complaint that did not result in an enforcement action and is investigating the other complaint. SCAQMD staff has clarified that for air quality complaints they receive, their inspector is required to be physically present to observe the activity from the facility described in the complaint to determine if the complaint warrants further investigation or enforcement action in accordance with South Coast AQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust).
Community members continue to share concerns with City and SCAQMD staff regarding the turnaround time for an SCAQMD inspector to be physically present at an SCAQMD-permitted facility to investigate an air quality complaint, especially if a complaint is reported after working hours or on weekends.
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
4 2
7 9
Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have initiated public records requests from outside regulatory agencies, such as the South Coast Air Quality Monitoring District, Santa Ana Regional Water Quality Control Board, the Department of Toxic Substances Control, and others responsible for issuing supportive permits for industrial uses in the TZC. Such agencies are responsible for permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or other industrial facility-related activities and received current data requests for sites located within SD No. 84 that were initiated by City staff on April 25, 2024.
Data from outside regulatory agencies will assist City staff in further understanding activities between external regulatory agencies and industrial businesses that may place additional impacts on public health, safety, and welfare in affected neighborhoods adjacent to industrial businesses in the TZC. This information would enable City staff to understand the correlation and environmental burdens that may be attributed to permitted activities for industrial businesses in historically environmentally disadvantaged communities, specifically the Logan and Lacy neighborhoods. In response to the City’s request, SCAQMD clarified the need to process the records request by larger geographic areas, such as zip code area as an example, not specifically matching the boundaries of the TZC. The City has not received responses to its Public Records Act requests and once it does, additional time will be needed for City staff to carefully review and analyze the data in order to understand all activities (internal and external) and affected industrial businesses.
Comprehensive Zoning Code Update and Neighborhood Engagement City staff continue to work with Project Consultant MIG to ensure the City’s Zoning Code and General Plan are consistent. In order to maintain compliance with state law, comprehensive amendments to the Zoning Code will likely be required. MIG and City staff have already conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts continue to indicate that there are irreconcilable land use conflicts and land use inconsistencies in the TZC area which are among the most pressing topics to be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.
The Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division continue to coordinate with City departments, outside regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and options for immediate
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
4 2
7 9
solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods. NIES staff also continue to coordinate with residents selected to represent the City’s EJ Clusters to complete the formation of the EJ Action Committee, the community-led EJ advocacy group. This group will help guide the prioritization and resource investments to implement the City’s General Plan EJ Policies and Implementation Actions.
Next Steps
During the Moratorium, staff will evaluate if further, permanent action to address the land use conflicts in the TZC is necessary. Such action may entail a zoning map amendment, zoning text amendment, or both, which would permanently address industrial land uses in the TZC.
Staff continues to receive, analyze, and prepare a thorough evaluation of industrial business uses within the TZC. Staff has determined that an extension of the Moratorium for an additional ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858(a), is recommended to provide the additional staff time and resources needed to implement a comprehensive evaluation of the industrial uses in the TZC utilizing the data reporting and tracking, regulatory research, enforcement reports, and department discussions to fully understand the effects of industrial uses in the TZC and to continue to address current and immediate threats to public health, safety, and welfare, due to growing code enforcement complaints stemming from the irreconcilable land use conflicts within the TZC.
On May 7, 2024, a ten-day report was issued by the City Council pursuant to California Government Code Section 65858(d) and is attached and referenced as Exhibit A to the Ordinance attached to this staff report. The April 16, 2024 City Council Meeting staff report is included in this report as Exhibit 3, providing background on the issues and analysis on the original need for the Moratorium.
ENVIRONMENTAL IMPACT
The extension of the Moratorium is not subject to the California Environmental Quality Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project, as the ordinance will temporarily preclude the approval,
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
4 2
7 9
commencement, establishment, relocation, or expansion of uses in Specific Development No. 84 (the Transit Zoning Code).
FISCAL IMPACTS
There is no fiscal impact associated with this action.
EXHIBITS
1. Uncodified Urgency Ordinance Extending Moratorium for Ten (10) Months and Fifteen (15) Days
2. Urgency Interim Ordinance No. NS-3036 adopted on April 16, 2024
3. April 16, 2024 City Council Staff Report and Exhibits
4. Public Notice
Submitted By: Minh Thai, Planning and Building Agency Executive Director Approved By: Alvaro Nuñez, Acting City Manager
Ordinance No. NS - ____
UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA, E XTENDING A
MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, RELOCATION OR EXPANSION OF
INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT
NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10)
MONTHS AND FIFTEEN (15) DAYS PURSUANT TO
GOVERNMENT CODE SECTION 65858
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended; and
WHEREAS, on April 16, 2024, the City Council adopted a Moratorium on the approval, commencement, establishment, relocation or expansion of industrial uses within Specific Development No. 84 (“SD-84”) also known as the Transit Zoning Code (“TZC”) by adoption of Urgency Ordinance No. NS-3063 to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods in the TZC (SD-84) through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness; and WHEREAS, the Moratorium will expire on June 1, 2024 unless extended; and WHEREAS, Government Code Section 65858 authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the Moratorium for 10 months and 15 days, upon approval by a fourth-fifths vote, and upon making the same findings required for the adoption of the initial forty-five (45) day Moratorium; and
WHEREAS, Government Code Section 65858(d) requires the City Council, ten days prior to the expiration of the Moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Moratorium; and
Ordinance No. NS -XXXX
WHEREAS, on May 7, 2024, City staff prepared, and the City Council issued and filed a report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of the Moratorium; and
WHEREAS, Santa Ana Char ter Sections 415 and 417 expressly authorize the City Coun cil to enact urgency ordinances, which tak e effect immediately upon introduction, for the immediate prese rvation of the public peace, health o r safety, containing a declaration of the facts constituting the urgency; and WHEREAS, G overnment Code Section 65858, authorizes the City Council to adopt an interim urgency ordinance with a four -fifths vote , without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time; and
WHEREAS, in unanimously adopting the Moratorium on April 16, 2024, the City Council of the City of Santa Ana established the following findings , all of which below remain true and applicable and necessary to support extending the Moratorium:
• The TZC, located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and
• Upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use
designations for the areas covered by the TZC to allow for new, mixed-use residential and commercial communities; and
• The goals of the TZC are to provide a transit -supportive, pedestrian-oriented development framework to support the addition of new and enhancement of existing communities through transit infrastructure; to preserve and reinforce the existing character a nd pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of
transportation; to provide zoning for the integration of new infill development into existing neighborhoods; t o provide for a range of housing options; and to allow for the reuse of existing structures; and
Ordinance No. NS - ____
• Industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools prior to th e adoption of the TZC, as far back as the late 19th century, predating modern zoning
practices that take into account irreconcilable land use conflicts among variegated land uses; and
• The TZC provides new mixed -use zoning for properties contained within i ts boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning districts until such time that properties were converted to the mixed-use zones allowed by the TZC; and
• Senate Bill (SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called “disadvantaged communities”, in their jurisdictions and address environmental justice in their gene ral plans through facilitating transparency and public engagement in the planning and decision -making processes, reducing harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options; and
• The City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
• The Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana’s Gener al Plan update complied with all aspects of SB 1000 prior to its adoption; and • As required by SB 1000, update of the General Plan and its associated land use plan identified and addressed long standing environmental justice issues throughout all of its el ements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and
• Numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern o f the TZC. Specifically, these policies include Policy LU -1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU -3.9 (Noxious,
Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU -4.3 (Sustainable Land Use Strategies), Policy LU -4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP -1.9 (Avoid Conflict
Ordinance No. NS -XXXX
of Uses), and Policy CN -1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed
disadvantaged communities; and
• The industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
• The Logan neighborhood is the oldest Mexican and Mexican - American neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Me xican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century; and
• The construction of Santa Ana (I-5) Freeway through Santa Ana in the 1950s resulted in a number of families being displa ced through the demolition of single -family homes in the
northeastern portion of the Logan neighborhood; and
• In the 1970s a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
• The Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and
• Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of
segregation, disinvestment, and planning practices; and • The updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban
Ordinance No. NS - ____
Neighborhood land use designations —both of which are
inconsistent with industrial uses; and
• There are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC.
Specifically, in the Logan and Lacy neighborhoods, the City’s Code Enforcement Division has investigated ove r 33
commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, prop erty and landscape maintenance, unpermitted work, business
license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is h arming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and • In the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD,
Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution exposure to disadvantaged communities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic relea se from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isola tion, housing burden, and education; and
• In the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange
County Health Care Agency – Certified Unified Program
Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities
Ordinance No. NS -XXXX
have caused significant pollution onto disadvantaged
communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations.
Cumulative health impacts in the area include asthma,
cardiovascular disease, and low birth we ight, in this
overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
• There is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples include the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from noise, vibrations, odors, and truck traffic; and the Rafferty mixed -use development with 218 residential units, including 11 onsite units for very -low income households, which is located less than one-fifth of a mile from industrial land uses; and
• There is a marked increase in the pending and active
development applications for industrial land uses in the TZC, including for contractor’s yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing operations,
stemming from shifting economic demands for goods and
services emerging from the Covid-19 pandemic; and
• The City Council approved a contract with Moore, Iacofan o, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
• MIG and City staff have conducted exte nsive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among t he top, most pressing topics that must be addressed as part of the
Ordinance No. NS - ____
comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable
communities that face the impacts of the land use conflicts within the TZC area; and
• The policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and
• Given these concerns, the City Council directed that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and
• Based on the foregoing, the City Council f ound that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City’s completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
• The City Council further found that i f an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
o Adversely impacts surrounding businesses and
neighborhoods;
o Adversely impacts sensitive uses such as residences,
schools, parks, and places where children congregate;
o Conflicts with the goals and policies of th e City's General Plan;
o Long-term incompatibility and inconsistency with
surrounding uses; and
o Risks to the public health, safety and welfare of the City; and
• The City Council also determined t hat prevention of detrimental impacts to residents, the public interest, health, safety and welfare required the immediate enactment of th e urgency
Ordinance No. NS -XXXX
ordinance and that t he absence of th e urgency ordinance will create a serious threat to the orderly and effective
implementation of any code amendments, general plan
amendments or specific plan amendments which ma y be
adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting th e ordinance, found to be unacceptable; and
WHEREAS, Since the adoption of the Moratorium, City staff has begun to gather data and research the impact of these in dustrial uses in the TZC as set forth in the report issued by the City Council on May 7, 2204; and
WHEREAS, there is a need to study further the issues associated with industrial uses in the TZC and the impact that these uses have on the adjacent residential neighborhoods and their residents; and
WHEREAS, City staff, the Planning Commission, and the City Council each require a reasonable period of time to study the existing SD-8 4/TZC and to evaluate if further, permanent action to address the land use conflicts in the TZC is necessary; and WHEREAS, the City Council wishes to extend the Moratorium for a period of ten (10) months and fifteen (15) days, or until the City Council adopts an ordinance addressing the issues raised, whichever occurs first; and WHEREAS, at a duly noticed public hearing on May 21, 2024, the City Council heard testimonial evidence and all other evidence submitted from members of the public that were present and from City staff. The City Council reviewed, analyzed, considered and studied all oral and written testimony and evidence presented at the public hearing, including staff reports and presentations of City staff.
NOW, THEREFORE, the City Council of the City of Santa Ana doe s ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council finds that there is a current and immediate threat to public health, safety and welfare posed by industrial uses in SD-84, also known as, the TZC. If an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare due to adverse impacts on surrounding businesses and neighborhoods; adverse impacts on sensitive uses such as residences, schools, parks, and places where children congregate; conflicts with the goals and policies of the City ’s General
Ordinance No. NS - ____
Plan; and the effect of long t erm inc ompatibility and inconsistency with surrounding uses.
Section 3. In accordance with Government Code Section 65858 (d), on May 7, 2024, the City Council issued a wr itten report describing the measures being taken to alleviate the conditions that lead to the adoption of the Moratorium a nd this extension thereof, attached hereto as Exhibit A and incorporated herein by reference.
Section 4. Government Code Section 65858 authori zes the City Council to adopt an interim Urgency Ordinance, without following the procedures otherw ise required for the adop tion of an ordinance, to pro tect the public safety, healt h and welfare, prohibiting any uses that m ay be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission of the planning department is c onsidering or studying or i ntends to study within a reasonable time.
Section 5. Government Code Section 65858(a) provides that the City Council, after notice and a public hearing, may extend the interim Ordinance for 10 months and 15 days and su bsequently extend the interim ordinance for one year. Any extension requires a four-fifths vote.
Section 6. The City Council, in accordance with Government Code Section 65858 and Santa Ana Charter Sections 415 and 417 hereby adopts this uncodified Urgency Ordinance extending the Moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC for a period of ten (10) months and fifteen (15) days, commencing June 1, 2024 . The Moratorium will now exp ire on April 15, 2025 , or until the City Council adopts an Ordinance a ddressing the issues related to the approval, commencement, establishment, relocation or expansion of industrial uses within SD-84, also known as the TZC. For the purposes of this Urgency Ordinance, “industrial uses” includes those specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal Code, and by Se ction 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific Development No. 84).
Section 7. This Ordinance shall have no further force and effect after a period of ten (10) months and fifteen (15) days, commencing Ju ne 1, 2024 ; unless, however, after public hearing the City Council, by four/fifths (4/5) vote, extend this Ordinance for a period of one more year.
Section 8. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this Ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.
Section 9. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a
Ordinance No. NS -XXXX
direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily precl ude the approval, commencement, establishment, relocation or expansion of uses in the zoning district.
Section 10. If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.
Section 11. This Ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The C ity Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this Ordinance.
Section 12. The City Clerk shall certify to the adoption of this Ordinance a nd cause the same to be published in the manner prescribed by law.
ADOPTED this ___ day of ___________________, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
Ordinance No. NS - ____
AYES: Councilmembers: ________________________________________
NOES: Councilmembers: ________________________________________
ABSTAIN: Councilmembers: ________________________________________
NOT PRESENT: Councilmembers: ________________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________________, 2024.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 7, 2024
TOPIC: Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following the Adoption of Urgency Interim Ordinance No. NS-3063
AGENDA TITLE
Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following Adoption of Urgency Interim Ordinance No. NS-3063, a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
RECOMMENDED ACTION
Issue and file a Council report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of Urgency Interim Ordinance No. NS-3063, on April 16, 2024, regarding a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 (the Transit Zoning Code).
GOVERNMENT CODE §84308 APPLIES:
No
EXECUTIVE SUMMARY
Pursuant to Section 65858(d) of the California Government Code, the purpose of this staff report is to provide a written report no less than ten days prior to the expiration of Urgency Interim Ordinance No. NS-3063 describing the measures City staff has taken to alleviate the condition which led to the adoption of the Ordinance.
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063, which establishes a 45-day moratorium on the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in Specific Development No. 84, also known as the Transit Zoning Code (commonly referred to as the “Transit Zoning Code” or “TZC”) while City staff researches appropriate regulations and determines whether an extension pursuant to the Government Code is necessary.
Urgency Interim Ordinance No. NS-3063 shall have no further force and effect 45 days from the date of its adoption, unless, after a report on the first 45 days and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend the Ordinance Exhibit A
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
4 2
4 4
for an initial extension period of ten (10) months and fifteen (15) days. Based on the adoption date of April 16, 2024, the Ordinance is scheduled to expire on June 1, 2024.
As City staff begins to analyze and prepare an evaluation of industrial business uses within the TZC, the evaluation will enable staff to generate recommendations to the Planning Commission and City Council to determine whether further, permanent action is necessary. Such action may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC.
DISCUSSION
Background
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063 to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent neighborhoods through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness. During the urgency interim moratorium period, the City will not issue permits that result in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC.
Measures Taken
Review of City Department Activities
Immediately following the adoption of the 45-day moratorium, staff conducted an interagency meeting, which included representatives from multiple City departments.
These departments include the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Moreover, engagement with additional agencies such as the Police Department, Public Works Agency, and the Community Development Agency’s Economic Development Division has produced critical information illustrating the extent to which industrial activities are intertwined with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods.
Data based on Business License and Economic Development records indicate that the application of Urgency Interim Ordinance No. NS-3063 affects up to 130 industrial businesses in the TZC. Of these, over one-dozen have active applications for permits, the majority of which are to legalize unpermitted work on industrial properties and address ongoing Code Enforcement Division notices of violation.
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
4 2
4 4
City staff continues to gather, review, and analyze information regarding affected industrial businesses within the TZC. Specific data and reporting pertains to applications submitted by industrial businesses for permits, entitlements, certificates of occupancy, business licenses, and other relevant records immediately prior to and following the adoption of the Urgency Interim Ordinance and currently being reviewed by City staff.
Requests for information on calls for service and incident activities responded to by public safety departments of the Santa Ana Police Department and Orange County Fire Authority (OCFA) are being reviewed by City staff to understand and validate public safety concerns or impacts shared by neighbors in disadvantaged communities with actual calls and emergencies reported.
In addition, City staff continues to monitor Code Enforcement Division activities and implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code Enforcement staff will broaden data reports that show enforcement activity beyond the Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the Urgency Interim Ordinance on April 16, 2024, 17 active open cases were issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The close proximity of active open industrial cases during a short period is creating a public nuisance that is harming public health, safety, and general welfare of the two residential neighborhoods from the concentration of open code enforcement cases nearby.
Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have initiated public records requests of violation records and violation status of outside regulatory agencies, and have contacted staff from external regulatory agencies such as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional Quality Water Control Board, the Department of Toxic Substances Control, and others responsible for issuing supportive permits for industrial uses in the TZC. Specifically, these agencies are responsible for permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or other industrial facility-related activities and have received current data requests for sites located within SD No. 84.
Data from external regulatory agencies would assist City staff in further understanding activities between external regulatory agencies and industrial businesses that may place additional impacts on public health, safety, and welfare in affected neighborhoods adjacent to industrial businesses in the TZC. This information would enable City staff to understand the correlation and environmental burdens that may be attributed to permitted activities for industrial businesses in historically environmentally disadvantaged communities, specifically the Logan and Lacy neighborhoods. In
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
4 2
4 4
response to the City’s request, SCAQMD clarified the need to process the records request by larger geographic areas, not specifically matching the boundaries of the TZC. When reports become available to the City, additional time will be needed for City staff to carefully review and analyze other internal data to understand all activities (internal and external) and affected industrial businesses.
Comprehensive Zoning Code Update and Neighborhood Engagement City staff continues to work with Project Consultant Moore, Iacofano, Goltsman, Inc. (MIG) to ensure the City’s Zoning Code and General Plan are consistent and, to maintain compliance with state law, comprehensive amendments to the Zoning Code are required.
MIG and City staff have already conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.
City staff from the Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division will continue to coordinate with City departments, external regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and immediate solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods. In addition, the NIES team has been working with the residents selected to represent the City’s EJ Clusters to complete the formation of the EJ Action Committee, the community-led EJ advocacy group, to guide the prioritization and resource investments to implement the City’s General Plan EJ Policies and Implementation Actions.
Next Steps
Staff implements the 45-day moratorium established by Urgency Interim Ordinance No.
NS-3063 through ongoing interagency coordination. Moreover, staff will continue to analyze and prepare an evaluation of industrial business uses within the TZC, which will enable staff to generate recommendations to the Planning Commission and City Council to determine whether an extension of the 45-day moratorium is recommended.
If an extension is recommended, it would be placed on the May 21, 2024 City Council agenda as a public hearing item, which is prior to the June 1 expiration date.
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
4 2
4 4
During the 45-day moratorium and any potential extension period, staff will evaluate if further, permanent action to address the land use conflicts in the TZC is necessary.
Such action may entail a zoning map amendment, zoning text amendment, or both, which would permanently address industrial land uses in the TZC.
Meeting Date Display
FISCAL IMPACTS
There is no fiscal impact associated with this action.
EXHIBITS
1. Adopted Urgency Interim Ordinance No. NS-3063
2. April 16, 2024 City Council Staff Report
Submitted By: Minh Thai, Planning and Building Agency Executive Director Approved By: Alvaro Nuñez, Acting City Manager
ORDINANCE NO. NS- 3063
AN URGENCY ORDINANCE OF THE CITY OF SANTA
ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45- DAY MORATORIUM ON THE
APPROVAL, COMMENCEMENT, ESTABLISHMENT,
RELOCATION OR EXPANSION OF INDUSTRIAL USES
WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, GovernmentCode Section 65858 expressly authorizesthe City Council, in order to protect the public health, safety and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planningdepartmentis consideringor studyingor intendsto study within a reasonable time, provided that the urgency measure shall require a four -fifths vote of the legislative bodyfor adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended; and
WHEREAS, Specific Development No. 84 zoning district, also known as the Transit Zoning Code ( TZC), located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and WHEREAS, upon the initial adoption of the TZC in 2010, the General Plan of the Cityof SantaAna was updatedwith newland use designationsfor the areas coveredby the TZC to allow for new, mixed - use residential and commercial communities; and WHEREAS, the goals of the TZC are to providea transit -supportive, pedestrian - oriented development framework to support the addition of new and enhancement of existing communities through transit infrastructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of transportation; to provide zoning for the integration of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
WHEREAS, industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools priorto the adoptionof the TZC, as far back as the late 1gthcentury, predatingmodern Ordinance No. INS - 3063
zoning practicesthat take into account irreconcilableland use conflicts among variegated land uses; and
WHEREAS, the TZC providesnew mixed -use zoning for propertiescontained within its boundarywhile creating industrialoverlay zones allowing propertiesbeing used as industrial uses at the time of its adoption to continue to be governed by industrialzoningdistrictsuntilsuchtimethat propertieswereconvertedto the mixed - use zones allowed by the TZC; and
WHEREAS, Senate Bill ( SB) 1000 went into effect in 2018, requiring local governmentsto identifyenvironmentaljustice communities, called "disadvantaged communities', in theirjurisdictionsand addressenvironmentaljustice in theirgeneral plansthroughfacilitatingtransparencyand publicengagementin the planningand decision -makingprocesses, reducingharmfulpollutantsandthe associatedhealthrisks in disadvantaged communities, and promoting equitable access to health -inducing benefits such as healthy housing options; and
WHEREAS, the City of Santa Ana completeda comprehensiveupdateof its General Plan in April 2022; and
WHEREAS, the Office of the Attorney General of the State of California was activelyinvolvedinensuringSantaAna's GeneralPlanupdatecompliedwithallaspects of SB 1000 priorto its adoption; and
WHEREAS, as required by SB 1000, update of the General Plan and its associatedlanduseplanidentifiedandaddressedlongstandingenvironmentaljustice issues throughout all of its elements, which include 77 implementation actions aimed at reducingharmfulpollutantsand associatedhealthrisksin disadvantagedcommunities; and
WHEREAS, numerous policies of the General Plan are inconsistent with the present, irreconcilablelandusepatternof theTZC. Specifically, thesepoliciesinclude PolicyLU-1.1 (CompatibleUses), PolicyLU-3.8 (SensitiveReceptors), PolicyLU-3.9 Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), PolicyLU-4.3 (SustainableLandUseStrategies), PolicyLU-4.6 (HealthyLiving Conditions), PolicyCM-3.2 (HealthyNeighborhoods), PolicyEP-1.9 (AvoidConflictof Uses), and Policy CN-1.5 ( Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and
WHEREAS, the industrial overlay zones in the TZC perpetuate past planning practicesof locatingindustrialuses, or othernoxiousand unwanteduses, in close proximityto communitiesof color; and
Ordinance No. NS - 3063
WHEREAS, the Logan neighborhood is the oldest Mexican and Mexican - American neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century and
WHEREAS, the construction of Santa Ana ( 1-5) Freeway through Santa Ana in the 1950s resulted in a number of families being displaced through the demolition of single- family homes in the northeastern portion of the Logan neighborhood; and WHEREAS, in the 1970s a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
WHEREAS, the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90thpercentileor greater of census tracts in the State, and identified as " disadvantaged communities" by the Office of Environmental Health Hazard Assessment ( OEHHA) in its CalEnviroScreen model; and WHEREAS, Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of segregation, disinvestment, and planning practices; and WHEREAS, the updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban Neighborhood land use designations — both of which are inconsistent with industrial uses; and
WHEREAS, there are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC. Specifically, in the Logan and Lacy neighborhoods, the City's Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC's existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and WHEREAS, in the Logan neighborhood, 52 industrial facilities ( automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Ordinance No. INS - 3063
Coast AQMD, Orange County Health Care Agency — Certified Unified Program Agencies ( OC CUPA), Santa Ana Regional Water Quality Board ( SARWQB), Orange CountyFireAuthority. Industrialfacilitieshavecausedsignificantpollutionexposureto disadvantaged communities, including lead risk in soil and housing, diesel particulate matterfrom idlingtrucks, toxic releasefromfacilities, trafficimpacts, noisepollution, and airborneparticulatematteror fine inhalableparticlesof 2.5 (PM2.5) micronsor less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanupsites, hazardouswastefacilities, andsolidwastelocations. Cumulativehealth impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguisticisolation, housingburden, andeducation; and WHEREAS, in the Lacy neighborhood, 76 industrial facilities ( automotive, warehouse/storage, towing yards, construction) are presently in close proximity to sensitiveuses monitoredby external regulatoryagencies such as South Coast AQMD, OrangeCountyHealthCareAgency — CertifiedUnifiedProgramAgencies (OCCUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution onto disadvantaged communities, includinglead risk exposure, diesel particulatematterfrom idlingtrucks, toxic release from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2.5 ( PM2.5) microns or less in diameter.
CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantagedcommunityfactored by socioeconomicindicatorsof poverty, linguistic isolation, housing burden, and education; and
WHEREAS, there is a recent surge in residential development activity in the TZC that is exacerbatingthe irreconcilableland use conflictsbetween residentialand industrial land uses. Examples include the Lacy Crossing residential development with over 100ownershipunitsdirectlyadjacentto existingindustrialland uses, for whichthe Cityreceivesregularcomplaintsfromresidentialoccupantsof disturbancesfromnoise, vibrations, odors, and truck traffic; and the Rafferty mixed -use development with 218 residential units, including 11 onsite units for very -low income households, which is located less than one -fifth of a mile from industrial land uses; and WHEREAS, there is a marked increase in the pending and active development applications for industrial land uses in the TZC, including for contractor' s yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing operations, stemming from shifting economicdemandsforgoodsandservicesemergingfromthe Covid-19pandemic; and WHEREAS, The City Council approved a contract with Moore, lacofano, Goltsman, Inc. ( MIG) on October 17, 2023. To ensure the City' s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
Ordinance No. NS - 3063
WHEREAS, MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning -related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistenciesin the TZC area are amongthe top, most pressingtopics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area; and WHEREAS, the policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and WHEREAS, given these concerns, the City Council hereby directs that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceedwith an ordinance amendmentto precludesuch usesfrom the district; and WHEREAS, based on the foregoing, the City Council finds that continuing to issue permits, business licenses, or other applicable entitlements to individualswishing to use their propertylocatedin the TZC for the purposesof industrialbusinessuse, prior to the City's completionof its study of the potentialimpact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
WHEREAS, if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
1) Adversely impacts surrounding businesses and neighborhoods; 2) Adversely impacts sensitive uses such as residences, schools, parks, and places where children congregate;
3) Conflicts with the goals and policies of the City's General Plan; 4) Long-term incompatibilityand inconsistencywith surrounding uses; and 5) Risks to the public health, safety and welfare of the City; and WHEREAS, prevention of detrimental impacts to residents, the public interest, health, safetyand welfare requiresthe immediateenactmentof this urgencyordinance.
The absence of this urgency ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code.
Moreover, permitting such uses during said studies and implementation would create Ordinance No. NS - 3063
impactson the publichealth, safetyand welfarethatthe CityCouncil, in adoptingthis ordinance, has found to be unacceptable; and
WHEREAS, the CityCouncilfinds, determinesanddeclaresthatthe currentand immediatethreat to the public health, safety and welfare of the city and its citizens necessitatesthe immediateenactmentof this urgencyordinanceby a four -fifths vote of the City Council.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (" CEQA") pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonablyforeseeableindirect physicalchange in the environment, as the ordinancewill temporarilyprecludethe approval, commencement, establishment, relocation or expansion of uses in the zoning district.
Section 3. California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, andwelfare, prohibitingany usesthat maybe in conflictwitha contemplatedgeneral plan, specificplan, or zoningproposalthattheCityCouncil, PlanningCommissionor the planningdepartmentis consideringor studyingor intendsto study within a reasonable time.
Section 4. The City Council, in accordancewith GovernmentCode Section 65858, herebyadoptsthis urgencyordinanceestablishinga 45-day moratoriumon the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC while City staff researches appropriate regulations and whetheran extensionpursuantto the GovernmentCodeis necessary. Forthe purposes of this Ordinance, "industrial uses" includes those specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana MunicipalCode, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code ( Specific Development No. 84).
Section 5. This ordinance shall have no further force and effect forty- five ( 45) days from the date of its adoption; unless, however, after public hearingthe City Council members, byfour/fifths (4/5) vote, extendthisordinancefor an initialperiodof ten (10) monthsand fifteen (15) days and subsequently, after public hearing, the City Council members, by four/fifths (4/5) vote, extend this ordinance one more year.
Ordinance No. NS - 3063
Section 6. It shall be unlawfuland a misdemeanorfor any personto violateor fail to complywith any provisionof the ordinance. The violationof any provisionof this ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.
Section 7. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespectiveof the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.
Section 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessaryto protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this ordinance.
Section 9. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law.
ADOPTEDthis 16t' day of April, 2024,
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: CJWAQ-y N - Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernande Lopez
Penaloza Phan. Vazquez ( 7)
NOES: Councilmembers None ( 0)
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers None ( 0)
Ordinance No. NS - 3063
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFERL. HALL, CityClerk, do herebyattestto andcertifythe attachedOrdinance No. NS-3063 to be the original ordinanceadoptedby the City Councilof the City of Santa Ana on April 16, 2024.
Date: 4 k acat-\-
akCity
Ordinance No. NS - 3063
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s):
Recommended Action:
1. Adopt an urgency ordinance by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NS-XXXX entitled AN URGENCY INTERIM ORDINANCE OF
THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45-DAY MORATORIUM ON THE APPROVAL,
COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 16, 2024
TOPIC: Transit Zoning Code Urgency Interim Ordinance (Moratorium)
AGENDA TITLE
Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
RECOMMENDED ACTIONS
1. Adopt an urgency ordinance by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NS-XXXX entitled AN URGENCY INTERIM ORDINANCE OF
THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45-DAY MORATORIUM ON THE APPROVAL,
COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
Staff is recommending adoption of an urgency interim ordinance, pursuant to Government Code Section 65858(a), also known as a moratorium, to address current and immediate threats to public health, safety, and welfare, due to growing code
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
4 1
8 7
enforcement complaints stemming from the irreconcilable land use conflicts within the Specific Development No. 84 zoning district (commonly referred to as the “Transit Zoning Code” or “TZC”). Specifically, in the Logan and Lacy neighborhoods, and surrounding areas, the City’s Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period is creating a public nuisance that is straining City resources and that is harming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods.
If adopted, the urgency ordinance would establish a 45-day moratorium on the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC while City staff researches appropriate regulations and determines whether an extension pursuant to the Government Code is necessary. The urgency ordinance shall have no further force and effect 45-days from the date of its adoption, unless, after a report on the first 45 days and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend this ordinance for an initial extension period of ten (10) months and fifteen (15) days.
DISCUSSION
Background
Specific Development No. 84 (the Transit Zoning Code)
The Specific Development No. 84 zoning district, also known as the Transit Zoning Code (“TZC”), is located in the central urban core of the City and comprises over 100 blocks and 450 acres. The TZC includes the Civic Center, Downtown, and the Logan and Lacy neighborhoods, which are among the City’s most historic in age and in established residential communities. As shown in Exhibit 2, the TZC is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (I-5) Freeway. Prior to the implementation of the TZC, the area consisted of a wide range of civic, commercial, industrial, and residential land uses under a variegated amalgamation of zoning districts and their regulations.
In June 2010, the City Council adopted Ordinance No. NS-2804, adopting various entitlements approving the creation of the TZC. The TZC established a transit- supportive, pedestrian-oriented development framework to support the addition of new transit infrastructure; preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
4 1
8 7
design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures.
Moreover, the TZC provided new zoning for all of the properties contained within its boundary with the exception of those properties zoned Light Industrial (M1) or Heavy Industrial (M2). These M1 and M2 properties retained their existing zoning, but were covered by two overlay zones that allows for the option of future mixed-use development to be exercised at the discretion of the property owner. In support of the TZC, the City Council also approved a General Plan amendment, establishing numerous mixed-use General Plan land use designations for the entirety of the TZC. In these industrial overlay areas, however, the resulting new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts between the new General Plan land use designations and the industrial overlays.
Since 2010, and specifically in the Logan and Lacy neighborhoods, these industrial uses have remained, changed ownership, undergone expansions or intensifications, and created numerous land use conflicts and disturbances that affect surrounding residential communities. Specifically, in the Logan neighborhood alone, these land uses create quality of life, health and safety, and other trespass issues for residential properties that often directly abut these industrial land uses. These issues include odors, dust, traffic, noise, vibrations, and other documented impacts that have taken place for nearly a decade and a half, despite the change in underlying General Plan land use designation.
Comprehensive Zoning Code Update
The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required. Necessary amendments include the creation of new zoning district designations and corresponding development standards; updates to the definitions, signage, nonconforming, and parking sections; reorganization of the entire Zoning Code to a more user-friendly format; and new standards to reflect new land use trends, economic development trends, and land use goals of the City.
MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
4 1
8 7
Historically Disadvantaged Communities
Prior to the adoption of the City’s Transit Zoning Code (TZC), the City permitted industrial uses within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools. By way of context, the Logan neighborhood represents the oldest Mexican and Mexican-American neighborhoods of Santa Ana and one of the oldest barrios in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century. Moreover, as a neighborhood, the area was established before the modern practice of separating impactful land uses, also known as zoning. The Logan neighborhood itself originated as early as 1886 and was largely settled by 1900, before the practice of zoning was enshrined by Village of Euclid v. Ambler Realty Co. in 1926. By then, the neighborhood comprised residential, industrial, commercial, and related land uses, with issues further exacerbated by rail lines, fuel storage depots, and the construction of the Santa Ana Freeway between 1947 and 1956.
Comprehensive data analysis and mapping tools generated by the California EPA (CalEPA), the Center for Diseases Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR), the U.S. EPA (EPA), and California Healthy Places Index (HPI), present concerning information regarding environmental conditions impacting residents in the Logan and Lacy neighborhoods. Exhibit 3 of this report references EJ maps showing rankings of at least 90% or higher in heavy air pollution attributed to indicators describing exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter, Air Toxics Cancer Risk, Toxic Releases to Air, and Hazardous Water Proximity exposures. Multiple sources of environmental exposure and pollution burden into communities of color, including the Logan and Lacy neighborhoods, presents an alarming set of challenges and decline in healthy community conditions that will impact their quality of life and life expectancy with continued heavy industrial uses nearby.
Implementation of Senate Bill (SB 1000), City General Plan Update (GPU), and new Environmental Justice (EJ) Policies and Actions
SB 1000 went into effect in 2016, requiring local governments to address pollution and other hazards that disproportionately impact low-income and communities of color within their jurisdiction as a way to proactively plan for and address environmental concerns when developing and updating components of the General Plan. During this period, the City began and extended its comprehensive public engagement process for the General Plan Update through its adoption in April 2022. The City and community worked to ensure that the new General Plan included SB 1000 requirements of addressing environmental justice in local general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
4 1
8 7
harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options.
Of note, the new General Plan mixed-use land use designations in the TZC area were largely left intact, including those in the Lacy and Logan neighborhoods, when the General Plan Update was adopted in 2022.
Santa Ana’s current General Plan champions implementation policies, including 77 EJ actions that address air quality, noxious uses, water safety, residential lead exposure in the soil, and other environmental public health conditions. City staff, over the past year, have worked on a process to create an EJ Action Committee of EJ cluster area residents, community-based organizations (CBOs), and County and City staff representatives, to guide implementation and resource investments to protect neighborhoods from experiencing any further environmental harm. For the Logan and Lacy neighborhoods, incompatible land uses allowed from past zoning decisions, including the industrial overlay zones, have perpetuated the practices of locating industrial uses or other noxious and unwanted uses, in close proximity to communities of color.
Code Enforcement and Immediate Ongoing Issues
In the Lacy and Logan neighborhoods within the TZC, the Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. These violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The close proximity of active open industrial cases during a short period is creating a public nuisance that is harming public health, safety, and general welfare of the two residential neighborhoods from the concentration of open code enforcement cases nearby.
Since June 2023, the TZC communities have experienced a marked increase in impacts stemming from the irreconcilable industrial and residential land use conflicts in the Logan and Lacy neighborhoods. Residents in the TZC have increased their reporting of complaints and public health concerns to City staff regarding emitted contaminants and zoning violations from industrial businesses in the neighborhoods. Concerns that range from air pollution and smoke, toxic release exposures, idling trucks on residential streets, lead exposure, illegal storage, unpermitted uses, loud noise at night, and other property maintenance pose an immediate public health threat that is straining public resources to continuously investigate and address these matters. Six months ago, a fire incident at Macera Crematory, located at 1020 Fuller Street, alarmed neighbors at 9:18 p.m. on August 29, 2023. Neighbors shared with City officials disturbing video of high flames escaping the stack on the rooftop, the screeching noise that went nonstop for 10 minutes, and what they described as a foul odor attributed to the fire. As City staff
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
4 1
8 7
followed up with external regulatory agencies issuing permits to operate this facility, and quickly, staff observed the limitations from regulatory agencies and their compartmentalized processes to investigate and act on enforcement measures.
Since 2022, the City has enhanced community services by restructuring its Planning Division to contain a Neighborhood Initiatives and Environmental Services (NIES) section, which oversees, among other functions, environmental justice efforts in Santa Ana and regional coordination to address such issues. Despite this restructuring, it is now well documented that the NIES section’s coordination with external regulatory agencies has not resulted in a favorable outcome in enforcement by responsible external agencies such as South Coast Air Quality Management District (SCAQMD), California Department of Consumer Affairs Cemetery and Funeral Bureau (CFB), and Orange County Fire Authority (OCFA) in many of these investigations. In response, the City has adopted new regulations such as a Noxious Uses Ordinance (Ordinance No.
NS-3044, adopted June 20, 2023), which amends Zoning Ordinance No. 2023-01 that includes: a notification requirement to the City by the property owner to obtain a permit from a regulatory public agency; a requirement of a 1,000 linear foot distance buffer measured from the outermost boundary of the subject property; and a conditional use permit requirement from a regulatory public agency to handle, store, emit, or discharge particulate materials, exhaust emissions, or regulated compounds, or chemicals near a public park, school (K-12), or property zoned for residential purposes.
City staff have also researched commercial real estate acquisition data and current for sale properties to identify any trends that could potentially generate an increase in the application of the City’s Noxious Uses Ordinance for proposed or expanded industrial uses. From September 2022 to date, seven properties, primarily industrial businesses, sold and three of those businesses (800-808 E. Washington Avenue, 1045 Fuller Street, and 923 N. Logan Street) are located in the Logan neighborhood. Currently, two large properties are in the market for multifamily and land types located in the TZC.
Environmental Justice (EJ)/Disadvantaged Communities (DACs) Profile: Logan and Lacy neighborhood impacts
A demographic profile of the Lacy and Logan neighborhoods combined represent a population of 5,907, which encompass 1,564 households, a median household income of $56,864, average household size is nearly four persons, median age is 27 years, per- capita income is $23,495, and 74% comprise renter-occupied units based on demographic forecasts for 2023. Nearly 25% of the population is under 14 years of age and 14% are 55 years of age and older. Nearly 3% of the population attended up to 12th grade with no diploma, over 31% are high school graduates, and nearly 97% of the working population over 16 years of age are employed.
This data illustrates that the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90% or
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
4 1
8 7
greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model. Failure to address ongoing irreconcilable land use conflicts that are the target of this moratorium will further exacerbate the ongoing demographic and environmental justice challenges that these two neighborhoods within the TZC have grappled with since their founding.
General Plan Inconsistency with Present Land Uses
Numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities.
The purpose of the interim ordinance is to immediately offer protection of public health, safety, and welfare from these irreconcilable land use conflicts in the TZC, during the time that City staff analyzes and prepares an evaluation of industrial business uses within the TZC. Such an evaluation will enable staff to generate recommendations to the Planning Commission and City Council to determine whether industrial uses should be permitted in the zoning district, and, if not, proceed with an ordinance and zoning map amendment to the district. During the interim moratorium period, City staff will not issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property for the purposes of industrial business use in the TZC.
ENVIRONMENTAL IMPACT
This ordinance is not subject to the California Environmental Quality Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation, or expansion of uses in the zoning district.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
4 1
8 7
EXHIBITS
1. Interim Ordinance (Moratorium)
2. Transit Zoning Code (TZC) Map
3. Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps City General Plan Environmental Justice Implementation Actions
4. City General Plan Environmental Justice (EJ) Implementation Actions Submitted By: Ali Pezeshkpour, AICP, Planning Manager
Approved By: Alvaro Nuñez, Acting City Manager
Ordinance No. NS - ____
ORDINANCE NO. NS-XXXX
AN URGENCY ORDINANCE OF THE CITY OF SANTA
ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45 -DAY MORATORIUM ON THE
APPROVAL, COMMENCEMENT, ESTABLISHMENT,
RELOCATION OR EXPANSION OF INDUSTRIAL USES
WITHIN SPECIFI C DEVELOPMENT NO. 84 ZONING
DISTRICT
WHEREAS, the City of Santa Ana has the police power pursuant to Art icle XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Sect ion 65858 expressly authorizes the City Council, in order to protect the public heal th, safety and welfare , to adopt an interim urgency ordinance prohibiting a us e that is in conflict with a contemplated general plan, specific plan, or zoning proposal t hat the legi slative body, planning commission, or the planning department is considering or st udying or intends to st udy within a reasonable time, provided that the urgency measure shall require a f our-fifths vote of the legislative body for adoption, and shall be of no further force and effect forty -five (45) days from its date of adoption, unless duly extended; and
WHEREAS, Specific Development No. 84 zoning district, also known as the Transit Zoning Code (TZC), located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and
WHEREAS, upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use designations for the areas covered by the TZC to allow for new, mixed-use residential and commercial communities; and
WHEREAS, the goals of the TZC are to provide a transit -supportive, pedestrian- oriented development framework to support the addition of new and enhancement of existing communities through transit infr astructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of transportation; to provide zoning for the integr ation of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
WHEREAS, industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools prior to the adoption of the TZC , as far back as the late 19 th century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and
Ordinance No. NS -XXXX
WHEREAS, the TZC provide s new mixed -use zoning for properties contained within its boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning distri cts until such time that properties were converted to the mixed - use zones allowed by the TZC; and
WHEREAS, Senate Bill (SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called “disadvantaged communities”, in their jurisdictions and address environmental justice in their general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing harmful pollutants and the associated health risks in dis advantaged communities, and promoting equitable access to health -inducing benefits such as healthy housing options; and
WHEREAS, the City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
WHEREAS, the Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana’s General Plan update complied with all aspects of SB 1000 prior to its adoption; and
WHEREAS, as required by SB 1000, update of the General Plan and its associated land use plan i dentified and addressed long standing environmental justice issues throughout all of its elements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities ; and
WHEREAS, numerous p olicies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU -1.1 (Compatible Uses), Policy LU -3.8 (Sensitive Receptors), Policy LU -3.9 (Noxious, Hazardous, Dangero us, and Polluting Uses), Policy LU -3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM -3.2 (Healthy Neighborhoods), Policy EP -1.9 (Avoid Conflict of Uses), a nd Policy CN -1.5 (S ensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and
WHEREAS, the industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
WHEREAS, the Logan neighborhood is the oldest Mexican and Mexican - American neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy
Ordinance No. NS - ____
land due to restrictions and covenants based on race during the first half of the 20 th century and
WHEREAS, the cons truction of Santa Ana (I -5) Freeway through Santa Ana in the 1950s resulted in a number of families being displaced through the demolition of single-family homes in the northeastern portion of the Logan neighborhood; and
WHEREAS, in the 1970s a proposed expa nsion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
WHEREAS, the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana , each with a composite score of 90 percent or greater, ranking in the 90 th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and
WHEREAS, Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of segregation, disinvestment, and planning practices; and
WHEREAS, the updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban Neighborhood land use designations —both of which are inconsistent with industrial uses; and
WHEREAS, there are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC. Specifically, in the Logan and Lacy neighborhoods, the City’s Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close pr oximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and
WHEREAS, in the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by ex ternal regulatory agencies such as South Coast AQMD, Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significa nt pollution exposure to
Ordinance No. NS -XXXX
disadvantaged communities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable pa rticles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardio vascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
WHEREAS, in the Lacy neighborhood, 76 industrial facilities (autom otive, warehouse/storage, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution onto disadvantaged communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter.
CalEnviroScreen reports higher environmental effects from active facility cleanup s ites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, l inguistic isolation, housing burden, and education; and
WHEREAS, there is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples inc lude the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from noise, vibrations, odors, and tr uck traffic; and the Rafferty mixed -use development with 218 residential units, including 11 onsite units for very -low income households, which is located less than one-fifth of a mile from industrial land uses; and
WHEREAS, there is a marked increase in t he pending and active development applications for industrial land uses in the TZC, including for contractor’s yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing oper ations, stemming from shifting economic demands for goods and services emerging from the Covid-19 pandemic; and
WHEREAS, The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
WHEREAS, MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning -related codes and policies in
Ordinance No. NS - ____
Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area; and WHEREAS, the policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and WHEREAS, given these concerns, the City Council hereby directs that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and WHEREAS, based on the foregoing, the City Council finds that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City’s completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
WHEREAS, if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
(1) Adversely impacts surrounding businesses and neighborhoods; (2) Adversely impact s sensitive uses such as residences, schools, parks, and places where children congregate;
(3) Conflicts with the goals and policies of the City's General Plan; (4) Long-term incompatibility and inconsistency with surrounding uses; and (5) Risks to the public health, safety and welfare of the City; and WHEREAS, prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this urgency ordinance.
The absence of this urgency ordinance will cr eate a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated u pdates and revisions to the Code.
Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable; and
Ordinance No. NS -XXXX
WHEREAS, the City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of th is urgency ordinance by a four-fifths vote of the City Council.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council finds and determi nes that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation or expansion of uses in the zoning district.
Section 3. California Government Code Section 65858 authorizes the City Council to adopt an in terim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time.
Section 4. The City Council, in accordance with Government Code Section 65858, hereby adopts this urgency ordinance establishing a 45 -day moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC while City staff researches appropriate regulations and whether an extension pursuant to the Government Code is necessary. For the purposes of this Ordinance, “industrial uses” includes those specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific Development No. 84).
Section 5 . This ordinance shall have no further force and effect forty -five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four/fifths (4/5) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and subsequently, after public hearing, the City Council members, by four/fifths (4/5) vote, extend this ordinance one more year.
Section 6. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.
Ordinance No. NS - ____
Section 7 . If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have pas sed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.
Section 8 . This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this ordinance.
Section 9. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law.
ADOPTED this ___ day of ___________________, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers: ________________________________________
Ordinance No. NS -XXXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________________, 2024.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
H
H
H
WASHINGTON AV WASHINGTON AV WASHINGTON AV
FLOWER ST
FLOWER ST
CIVIC CENTER DR CIVIC CENTER DR
CIVIC CENTER DR
CIVIC CENTER DR
1ST ST 1ST ST 1ST ST 1ST ST 1ST ST 1ST ST
1ST ST
4TH ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH ST
GARNSEY ST
MAIN ST
MAIN ST
MAIN ST
MAIN ST
BROADWAY
BROADWAY
BROADWAY
BROADWAY
PARTON ST
PARTON ST
SANTA ANA BLVD SANTA ANA BLVD
SANTA ANA BLVD
SANTA ANA BLVD
ROSS ST
ROSS ST
ROSS ST
ROSS ST
HALLADAY STHICKORY ST
FRUIT ST
GRAND AV
GRAND AV
GRAND AV
STANDARD AV
ORANGE AVCYPRESS AV
6TH ST
DURANT ST
SYCAMORE ST
GRAND AV
6TH ST
BIRCH ST
SYCAMORE ST
SYCAMORE ST
SYCAMORE ST
FRENCH ST
FRENCH ST
BUSH ST
BUSH ST
BUSH
ST
BUSH ST
SPURGEON
ST
FRENCH ST
M
ORTIMER
ST
FLOW
ER
ST
FLOWER ST
LINCOLN AV
6TH ST
10TH ST
WELLINGTON AV
HATHAWAY ST
STAFFORD ST
BIRCH ST
14TH ST
VAN NESS AV
PENN WY
3RD ST 3RD ST 3RD ST 3RD ST 3RD ST 3RD ST
SPURGEON ST
SPURGEON ST
10TH ST
PORTER ST
HALESWORTH ST
LACY ST
5TH ST 5TH ST 5TH ST
SANTA ANA BLVD
LIME ST
WASHINGTON AV
14TH ST
6TH ST
SANTA FE ST
VANCE ST
BROWN ST
LACY ST
HATHAWAY ST
GARFIELD ST
GARFIELD ST
MINTER ST
MARTHA LN
STAFFORD ST
11TH ST
12TH ST
LOGAN ST
10TH ST
GARFIELD ST
LACY ST
14TH ST
8TH ST
9TH ST
MINTER ST
POINSETTIA ST
10TH ST
2ND ST
FRUIT ST
EASTWOOD AV
BREEDEN ST
PARTON ST
14TH ST
2ND ST
3RD ST
POINSETTIA ST
POINSETTIA ST
SANTA FE ST
RIVERINE AV
FULLER ST
LACY ST
5TH ST
CUSTER ST
2ND ST
SANTIAGO ST TERMINAL ST
SPURGEON ST
EASTWOOD AV
TERMINAL ST
BIRCH ST
SANTIAGO ST
0 550 1,100 1,650 2,200 2,750275
Feet
/
Transit Zoning Code SD-84
District Boundary
Corridor (CDR)
Downtown (DT)
Government Center (GC)
Open Space (OS)
Transit Village (TV)
Urban Center (UC)
Urban Neighborhood (UN-1)
Urban Neighborhood (UN-2)
Industrial Overlay M-1 (OZ)
Industrial Overlay M-2 (OZ)
SD-84
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The Community Summary infographic data are from ESRI 2023 forecasts, U.S. Census Bureau, and prior year American Community Survey results. Data references population, race and ethnicity, income, age, employment, homeownership, and a population density greater than the City’s population density of 12,471.5 people per square mile.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The CalEnviroScreen 4.0 provides an insight into vulnerable communities that are most affected by pollution burdens, with special consideration on race and ethnicity. The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana at 90% or above as being burdened by pollution.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Disadvantaged Communities (DACs) within the City of Santa Ana, with both Logan and Lacy neighborhoods falling into that category. The CalEPA has responsibility for identifying those communities and CalEPA’s designation of disadvantaged communities must be based on “geographic, socioeconomic, public health, and environmental hazard” criteria. CalEPA DACs affect an entire or a portion of thirty-three of Santa Ana’s neighborhoods.
The Center for Diseases Control (CDC) Environmental Justice Index Map uses data from the U.S. Census Bureau, and other federal agencies to rank the cumulative impacts of environmental injustices on health for every census tract.
The map below shows the census tract that includes part of the Lacy neighborhood, which appears to rank HIGH in air pollution due to exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter from idling trucks, and Air Toxics Cancer Risk indicators.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below shows the census tract that includes the Logan neighborhood, which appears to rank HIGH in air pollution related to exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter from idling trucks, and Air Toxics Cancer Risk indicators.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The EPA’s Environmental Justice map and screening tool uses national consistent data combining environmental and demographic indicators in maps and reports. The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Air Toxics Cancer Risk, reflecting at 90% or higher.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Diesel Particulate Matter indicating percentiles above 90%.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Hazardous Water Proximity, showing a percentile of 95% or above.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Particulate Matter (PM) 2.5 reflecting a heavy burden of 95% and above in the percentile score.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana’s ranking as it relates to Lead Paint showing that the percentile is within 80% and 90%.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below indicates the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Toxic Releases to Air showing a high percentile score of 90%.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The Healthy Places Index (HPI) comprises a data and policy platform to advance equitable community investments, develop critical programs and policies and advance health equity through open and accessible data. The map below captures the City of Santa Ana, which indicates that the majority of the City of Santa Ana’s neighborhoods rank on the LOW scale of the healthy community conditions, as seen in the dark blue and light blue layers.
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
Using the HPI mapping tool, the Lacy
neighborhood ranks at a 9.6% of the
least healthy community conditions.
Using the HPI mapping tool, the Logan
neighborhood ranks on the LOW end,
showing nearly 11% of the least healthy
community conditions.
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 1.1 Yes
Engage EJ communities on recreation and cultural programs. Incorporate community stakeholders from environmental justice communities to form an Environmental Justice Action Committee to guide the identification of recreational and cultural programing needs and desires.
PRCSA / PBA 2023
Community 1.2 Yes
Community conversation. Plan for and conduct a community survey every two years related to community health, pollution concerns, parks, community engagement, and community service needs, with focused outreach to environmental justice priority areas utilizing various platforms, such as social media and school events, to encourage substantial survey participation.
CMO Every two
years
Community 1.3 Yes
Collaboration. Develop intentional, strategic partnerships with public, private, and nonprofit entities to improve health outcomes by leveraging capacity, resources, and programs around mutually beneficial initiatives that promote health, equity, and sustainability in neighborhoods within environmental justice area boundaries. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization.
PBA/PRCSA 2022 -2024
Community 1.4 Yes
Community coordination on underutilized spaces. Coordinate with community residents, property owners, and other stakeholders to identify vacant and potentially underutilized properties and strategize how such properties could be repurposed into public parks or commercial recreation facilities.
PBA/PRCSA 2022 &
ongoing
Community 1.5 Yes
Alternative facilities. In park deficient and environmental justice areas, identify facilities that are viable alternatives to public parks and municipal facilities for recreational, cultural, and health and wellness programs, including but not limited to school facilities, facilities of faith-based and civic organizations, and privately owned recreation and entertainment facilities. Identify, inventory, and rank other resources for potential park system acquisition, expansion to existing parks, and/or parks development opportunity within the community.
PRCSA 2022
Community 1.6 Yes
Program accessibility. To ensure residents of environmental justice area boundaries have access to recreational, cultural, and health and wellness programs, establish accessibility corridors that provide attractive, comfortable, and safe pedestrian and bike access to public recreational facilities in the Parks Master Plan (an implementation action of the Open Space Element). Identify public realm improvements needed to create these accessibility corridors. Prioritize investments for accessibility corridors in the city's capital investment program; include investments for accessibility corridors when investments are made in new parks and recreation facilities within environmental justice area boundaries.
PRCSA/PWA 2022
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 1.7 Yes
Rental property outreach. Augment the Proactive Rental Enforcement Team and Residential Response Team with additional outreach geared toward absentee owners of rental properties. Create and periodically distribute outreach materials in order to educate absentee owners about legal obligations to maintain and upkeep rental properties. Distribute information to tenants about their rights and protection, so they are not penalized for reporting or living in a dwelling unit that does not meet health and safety standards. Translate outreach efforts into Spanish, Vietnamese, and other appropriate languages. Prioritize such outreach for properties within environmental justice area boundaries.
PBA 2022 &
Ongoing
Community 1.8 Yes
Neighborhood rehabilitation. Continue to seek state and federal funding for neighborhood rehabilitation projects and collaborate with community-based organizations to identify housing issues and improvements needed, especially for housing within environmental justice area boundaries.
CDA Ongoing
Community 2.1 Yes
Facilities to support lifelong learning. For areas within park deficient and environmental justice areas , conduct, maintain, and publicize an inventory of public, nongovernmental, and private facilities that can be used by organizations to support early childhood education, after school activities, libraries and learning centers, and other meetings and educational opportunities.
CMO 2024
Community 2.2 Yes
Public realm. Identify areas in need of a public realm plan to provide attractive, comfortable, and safe walking corridors to promote accessibility to community programs or activity centers, in conjunction with the City's Active Transportation Plan.
PWA/PBA Ongoing
Community 3.1 Yes
Community health care facilities. Evaluate options to support existing and potential community health care facilities in environmental justice focus areas through a variety of mechanisms such as reduced permit fees, reduced impact fees, and tax incentives.
PBA/CMO 2023
Community 3.2 Yes
Pedestrian access to health facilities. Ensure that new or redeveloped health care facilities include pedestrian-friendly site amenities. In areas where mobile clinics are stationed, ensure the location is safe and accessible for pedestrians, cyclists, and transit users.
PBA Ongoing
Community 3.3 Yes
Health metrics. Engage with the Orange County Health Care Agency and other stakeholders to monitor key health indicators to measure the success of the outcome of General Plan policies and the implementation plan, including reduction in incidence in asthma and low birth weight of infants.
PBA/CMO 2022
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 3.4 Yes
Prevention activities. Coordinate with the County Health Care Agency to identify the root causes of health disparities and inequities in Santa Ana, with additional detail for residents living within environmental justice area boundaries. Identify potential programmatic changes and resources to better address the root causes.
PBA/CMO 2022 - 2024
Community 3.5 Yes
Environmental education. Encourage all education institutions in Santa Ana to include curriculum regarding environmental justice and local efforts to promote clean business operations, environmental quality, and the health in our community.
PBA/CMO 2022 - 2024
Community 3.6 Yes
Fresh and healthy foods. Pursue programs, incentives, and/or grants to encourage urban agriculture and small grocery or convenience stores to sell fresh foods in the city, especially those within environmental justice area boundaries. Examples include grants or loans to purchase updated equipment, publicity, or directories of healthy food outlets, or connecting stores to wholesale sources of healthy, local, or organic food.
CDA 2022
Community 3.6A Yes Food Deserts. Collaborate with Orange County Health Care Agency (OCHCA) to gather and map food desert data, and share publicly through the City's Environmental Quality webpage.
PBA 2024
Community 3.7 Yes
Public health and wellness collaboration summit. Collaborate with health care providers, health and wellness advocates, and other public health stakeholders to identify ways to improve the provision of and access to health and wellness services throughout the city. Include a discussion on areas within environmental justice area boundaries and other areas underserved by parks, programs and services that support health and wellness.
PRCSA 2022 &
ongoing
Community 3.8 Yes
Environmental soil and human health screening measures. Collaborate with Orange County Health Care Agency, and local stakeholders such as Orange County Environmental Justice and UC Irvine Public Health, in efforts to provide increased healthcare services (i.e., blood lead testing, treatment) for residents, especially those that reside in environmental justice communities. Additionally, collaborate to advocate for adjustment of the County and State policies for health and environmental screening levels to promote healthy outcomes related to lead contamination as recommended by health experts.
PBA Ongoing
Community 3.9 Yes
Environmental Justice Staff. Identify funding and hire a full-time Environmental Justice staff member to collaborate with the community to implement the environmental justice policies and actions including community outreach, collaboration on environmental health studies, pursuing grants, and coordination with federal, state, and local agencies regarding environmental concerns in the City.
CMO 2022
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.1 Yes
Air quality planning. Review existing and monitor the development of new air monitoring and emissions reduction plans prepared by the South Coast Air Quality Management District. Gather and evaluate measures and strategies in such plans for their applicability to and feasibility for Santa Ana.
PBA 2022 &
annually
Conservation 1.2 Yes
Community identification. Coordinate with the South Coast Air Quality Management District and local stakeholders to pursue a priority community designation for eligible environmental justice areas of the city , with focus on areas with unique needs and highest pollution burden as identified in the CalEnviroScreen tool. If such designation is not awarded, seek grant funds for activities such as local air quality monitoring.
PBA 2022 &
Ongoing
Conservation 1.3 Yes
Proactive engagement. Collaborate with the South Coast Air Quality Management District and local stakeholders in environmental justice areas experiencing local air pollutions issues to outline objectives and strategies for monitoring air pollution in advance of the establishment of a community emissions reduction and/or air monitoring plan.
PBA 2022 &
Ongoing
Conservation 1.4 Yes
Health risk criteria. Establish criteria for requiring health risk assessments for existing and new industries, including the type of business, thresholds, and scope of assessment. Review existing and establish new regulation to reduce and avoid increased pollution near sensitive receptors within environmental justice area boundaries.
PBA 2022 - 2027
Conservation 1.5 Yes
Agency permits. Monitor the South Coast Air Quality Management District permitting and inspection process and the Orange County Health Care Agency to identify businesses in Santa Ana with potential hazardous materials or by-products, with a special focus on environmental justice communities. Serve as a liaison for residents to identify potential emission violations. Share information and data with the community on the City’s Environmental Quality web page.
PBA 2022 &
Ongoing
Conservation 1.6 Yes Emissions monitoring. Coordinate with the South Coast Air Quality Management District to monitor existing air measurements and recommend new air measurements and locations.
PBA 2022 &
Ongoing
Conservation 1.7 Yes
Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas PBA/PD 2022 - 2024
Conservation 1.8 Yes
Improve older trucks. Promote the City’s Vehicle Replacement Plan and explore the replacement of older trucks through City participation in regional incentive programs and education of Santa Ana private fleet owners of program opportunities.
PWA 2022
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.9 Yes
Indirect source rules. Support the development of indirect source rules, drayage truck rules, advanced clean truck routes, and heavy-duty low NOx rules by the South Coast Air Quality Management District.
CMO Ongoing
Conservation 1.10 Yes
Interagency team. Establish an environmental quality interagency team to evaluate, monitor, and make recommendations to address air quality and environmental hazard issues, with a special focus on environmental justice areas. Publish results and information on the City’s website through a dedicated Santa Ana Environmental Quality web page.
PBA 2022 &
Ongoing
Conservation 1.11 Yes
Public education. Augment existing outreach programs to improve public awareness of State, regional and local agencies’ roles and resources to identify, monitor, and address air quality and other environmental hazards in the community.
PBA/PWA Ongoing
Conservation 1.12 Yes
Data collection for emissions plans. Coordinate with the South Coast Air Quality Management District to explore ways to initiate data collection efforts for a community emissions reduction and/or community air monitoring plan, including the identification of information needed (new or updated), potential data sources and needed resources, and strategies to engage residents and collect information.
PBA 2022
Conservation 1.13 Yes
Community survey on healthy lifestyles. Plan for and conduct a community survey of residents every two years related to community health, pollution, parks, community engagement, and community services, with focused outreach for environment justice concerns and priority areas (tie into other City efforts like Strategic Plan, park and recreation planning, community benefits, etc.).Report findings of survey through the various media platforms and utilize input to inform periodic evaluation and update of General Plan.
CMO Every two
years
Conservation 1.14 Yes
Expanded interactions. Identify opportunities to expand regular attendance and support neighborhood associations and community groups to hold regular meetings with City staff and decision-makers in neighborhoods within environmental justice communities, so that residents, community organizations and businesses can communicate their unique issues and needs, as well as their recommendations on how best to implement environmental quality, environmental health, and environmental justice policies. Arrange for language interpretation services as needed at these meetings so that all residents can participate.
PBA/CMO Ongoing
Conservation 1.15 Yes
Expanded representation. Expand representation of residents from neighborhoods within environmental justice area boundaries by extending residents from such areas to become board, commission, and task force members as openings occur
PBA/CMO Ongoing
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.16 Yes
City budget. Evaluate the City’s budget and financial policies to include direction for prioritizing public services and improvements within environmental justice area boundaries. Augment budget meeting presentations to include a section dedicated to the status of actions and improvements to address the needs of residents within environmental justice area boundaries.
CMO Annually
Economic
Prosperity 3.5 Yes
Green business incentives. Continue to promote and market the Recycling Market Development Zone. Develop an incentive program to encourage nonpolluting industry and clean green technology companies that reduce environmental impacts and the carbon footprint to locate to the city.
Encourage existing businesses to invest in technology and best practice to transition to sustainable business practices.
CDA Ongoing
Historical
Preservation 3.8 Yes Equitable access. Establish a fee reduction or waiver program for low-income applicants to ensure equitable access and participation in the Mills Act Program.
PBA 2023
Land Use 2.10 Yes
Open space requirements. Evaluate public open space and park requirements in the zoning code for residential and nonresidential uses. Consider requirements and/or incentives to aggregate public open space areas required by two or more uses to form larger and more usable areas and facilities.
PBA/PRCSA 2022 - 2027
Land Use 3.2 Yes
Design guidelines and standards. Update the zoning code's development and operational standards for industrial zones to address incompatibility with adjacent uses, including minimum distance requirements to buffer heavy industrial uses from sensitive receptors. Conduct a study to evaluate and establish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences, schools, day care, and public facilities.
PBA 2022 - 2027
Land Use 3.3 Yes Healthy lifestyles. Collaborate with residents and industry stakeholders to create a program to incentivize and amortize the removal of existing heavy industrial uses adjacent to sensitive uses.
PBA 2022
Land Use 3.4 Yes
Funding for air filtration. Seek funding from South Coast Air Quality Management District and other regional sources for the installation of high-efficiency air filtration systems in buildings, homes, and schools located in areas with high levels of localized air pollution, especially for those within environmental justice area boundaries.
PBA 2022
Land Use 3.5 Yes
Business incentive. Explore economic development incentives and grant funding to encourage existing or draw new business investments in the industrial zones to incorporate more environmentally sustainable practices.
CDA Ongoing
Land Use 3.6 Yes
Lead paint abatement. Coordinate with County of Orange Health Care Agency and community organizations to strengthen local programs and initiatives to eliminate lead-based paint hazards, with priority given to residential buildings located within environmental justice area boundaries.
CDA / PBA 2021 &
Ongoing
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.14 Yes Sunshine ordinance. Update City Sunshine Ordinance, incorporating best practices for outreach in environmental justice areas in Santa Ana
CMO 2022
Land Use 3.15 Yes Communication tools. Explore tools for communication with residents and sensitive receptors when new industrial uses are proposed in their areas
PBA 2022 - 2024
Land Use 3.16 Yes Health in corridors. Require a Health Risk Assessment to identify best practices to minimize air quality and noise impacts when considering new residential uses within 500 feet of a freeway.
PBA 2022 - 2027
Land Use 3.17 Yes
Training for safe practice. Pursue the EPA Renovate Right Program to train local residential contractors for certification as lead renovators to promote safe work practices and prevent lead contamination.
PBA 2022
Land Use 3.18 Yes
Renovations and lead prevention. Evaluate the feasibility of requiring contractor training and/or certification for safe work practices to conduct residential renovations for pre-1978 structures that may contain existing lead paint.
PBA & CDA Ongoing
Land Use 3.19 Yes
Promote health. Partner with local organizations (e.g., OC Health Care Agency, Latino Health Access, Santa Ana Unified School District, Garden Grove Unified School District, Orange County Environmental Justice, and the Coalition of Community Health Centers) to increase blood lead testing, outreach, education, and referral services through a ‘promotora’ or community peer outreach model that addresses the root causes of elevated blood lead levels impacting Santa Ana residents, with special focus in environmental justice communities and for children living in pre-1978 housing.
PBA 2022 - Ongoing
Land Use 3.20 Yes
Safe housing. Require all residential rehabilitation projects that use local, or HUD federal funds to comply with the Lead Safe Housing Rule, to remove lead paint hazards, depending on the nature of work and the dollar amount of federal investment in the property CDA Ongoing
Land Use 3.21 Yes
Prevention education. Collaborate with local organizations such as Orange County Health Care Agency, State Environmental Protection Agency, and community-based environmental justice organizations to identify funds and create a Santa Ana Prevent Lead Poisoning Education Program, with special focus on disadvantaged communities and pre-1978 housing stock.
PBA 2022 - Ongoing
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.22 Yes
Public health outcomes. Support the Orange County Health Care Agency in their role in investigating public complaints regarding unsafe lead work practices and lead hazards wherein children are present,
through enforcement of local housing standards to assure healthy outcomes, including for individuals and households presenting with concerns about lead exposure and/or with confirmed lead levels of >3.5ug/dL, which the Centers for Disease Control and Prevention indicates as the threshold for follow- up and case management in children.
PBA 2022 &
Ongoingng
Land Use 3.23 Yes
Agency permits. Work with South Coast Air Quality Management District and Orange County Health Care Agency to evaluate existing special permit process and criteria for approval, and identify potential policy changes to minimize issuance of special permits with potential health impacts.
PBA 2022
Land Use 3.24 Yes
Public health. Partner with Orange County Health Care Agency and community serving organizations to evaluate best practices and benefits of preparing a Public Health Plan to address environmental hazards in Santa Ana, with special focus in environmental justice communities. Conduct public meetings to gather information and present preliminary findings.
PBA 2022 - 2024
Land Use 3.25 Yes
Engage EJ communities. Work with community serving organizations, neighborhood leaders, and residents to form an Ad Hoc Committee to develop ongoing EJ Community Engagement programs for existing and new disadvantaged EJ communities, including multilingual communication protocols.
Host quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of environmental justice policies.
PBA 2022
Land Use 3.26 Yes Health conditions. Work with state agencies including the Department of Toxic Substances Control and South Coast Air Quality Management District, Orange County Health Care Agency and local stakeholders including Orange County Environmental Justice and UC Irvine Public Health to identify PBA Ongoing
Land Use 3.27 Yes
Groundwater practice. Coordinate with the State Department of Toxic Substances Control (DTSC) to monitor the Santa Ana Southeast Groundwater Clean Up Project and identify measurable progress to remediate groundwater contamination. Share information with the community on the City’s Environmental Quality web page.
PBA Ongoing
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.28 Yes
Tenant protections. Provide information to residential tenants regarding Landlord Tenant Laws in the State, such as AB 1481, and Santa Ana’s Just Cause for Tenant Eviction and Rent Stabilization ordinance that provide protections against evictions for those who seek action to improve substandard housing and hazardous conditions.
PBA 2022 &
Ongoing
Land Use 3.29 Yes
Development site history. Update the City’s Development Review application process to require developers to provide information regarding the prior use of the site and history of hazardous materials on the property, in order to identify potential for site contamination from hazardous materials or soil lead contamination to be remediated.
PBA 2022
Land Use 4.6 Yes
Fireworks and environmental pollution. Study the data available to understand the health effects and environmental exposure, including air quality and noise impacts, from airborne sources such as fireworks shows and displays, with special focus on environmental justice areas.
PBA/CMO/PD 2022 - 2024
Land Use 4.7 Yes
Construction improvements. Identify best practices and communication tools to monitor mitigation measures and oversight of private and public construction improvements to protect the health and safety of health of the community, with focus on environmental justice areas.
PWA/PBA Ongoing
Mobility 3.5 Yes Safe routes to schools and parks. Develop and pursue implementation of a Safe Routes to School Plan and a Safe Routes to Parks Plan
PWA/PRCSA Ongoing
Mobility 4.5 Yes
Citywide Design Guidelines update. Update the Citywide Design Guidelines to strengthen pedestrian and cyclist linkages to development centers and residential neighborhoods and coordinate on-site landscape with public realm landscaping. PBA/PWA 2022 - 2027 Mobility 5.8 Yes Air quality improvements. Participate in inter-jurisdictional efforts to promote improvements in air quality and to meet state and federal mandates through advanced technology and TDM programs PBA/PWA 2021-2035
Open Space 1.2 Yes
Interagency Forum. Convene an interagency forum to take a coordinated approach to evaluating the feasibility for converting City-owned properties to parkland, with special focus in park deficient and environmental justice areas.
PRCSA 2022
Open Space 1.7 Yes
Public parkland requirements for residential projects. Update the Residential Development Fee Ordinance for large residential projects, which include projects of 100 residential units or more, to require public parkland within the City limits and a 10-minute walking distance of the new residential projects.
PBA/PRCSA 2022
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Open Space 1.7A Yes
Open space and park land incentives. Allow developers a reduction in on-site open space by giving credits for park land for public use. Establish a process and program to incentivize developers to provide additional on-site and/or publicly accessible open space to create public park land and open space. Research and collaborate with residents, developers, and community organizations to design and implement an open space density bonus to incentivize the creation of additional on-site open space in exchange for more density in the project.
PBA & PRCSA 2022-2027
Open Space 1.10 Yes
New parkland collaborative. Coordinate with property owners to explore options to provide public access and programming on privately-owned open space in park deficient areas, including options to acquire land through purchase, land dedication, easements, and land leases that would allow for permanent or temporary public use of land for open space and recreational opportunities.
PRCSA 2022 &
Ongoing
Open Space 1.11 Yes
Joint-use agreements. Coordinate with public school districts, private schools, and other community organizations to provide community members with access to additional open space and recreational resources.
PRCSA 2022 &
Ongoing
Open Space 1.13 Yes
New programming in underserved areas. Partner with community organizations to offer new programs that are accessible to residents who live in areas underserved by open space and recreational facilities. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization.
PRCSA 2022
Open Space 1.14 Yes
Community partnerships. Continue building partnerships with community-based organizations that administer social services to the elderly, youth, and other special needs groups; create use agreements for these providers to use public park facilities to meet the recreational and educational needs of these groups.
PRCSA Ongoing
Open Space 1.15 Yes
Community input. Identify and utilize multilingual and interactive community engagement tools, initiated through the Parks and Recreation Master Plan, for residents and facility users to provide ongoing input about open space needs, park design, facility improvements, and programming PRCSA 2022
Open Space 1.16 Yes
Acquisitions to meet park standard. Using the Park Master Plan as guidance, identify and acquire property within the City for park and open space use which will focus on bringing the park and recreation system to three acres of land per 1,000 residents with a plan to keep pace with future urban growth.
PRCSA 2022 &
ongoing
Public
Services 1.4 Yes
Fiscal priority for public improvements. Identify City fiscal and operational procedures and potential thresholds involved in the prioritization of general funds for public programming, service, or infrastructure improvements for residents living within environmental justice area boundaries.
CMO 2021 &
annually
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF # EJ
policy IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Safety 2.4 Yes
Lead contamination. Work with local and regional partners, such as Orange County Environmental Justice, Orange County Health Care Agency and University of California at Irvine Public Health, to understand the prevalence, sources, and implications of lead contamination of soil across Santa Ana.
Collaborate with environmental justice stakeholders in proposing solutions to remove hazardous lead- contaminated soils in the city and with benchmarks to measure and track effectiveness of proposed programs.
PBA/CDA Ongoing
Safety 2.5 Yes
Business education. Collaborate with state and county agencies and trade organizations to educate and inform industrial business owners about permit regulations required for safe facility operations and about best practices.
PBA/CDA Ongoing
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 an ordinance extending Ordinance No.
NS-3063 for 10 months and 15 days pursuant to Section 65858(a) of the California Government Code continuing a moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Section 15060(c)(2) and 15060(c)3. The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Furthermore, the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential for resulting in physical change to the environment, directly or indirectly.
Meeting Details: This public hearing will be held on Tuesday, May 21, 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 Margarita Macedonio with the Planning and Building Agency by phone at (714) 667-2288 or by email at [email protected].
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 Margarita Macedonio (714) 667-2288.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
CALIFORNIA NEWSPAPER SERVICE BUREAU
CNS
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REGISTER. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Daily Journal Corporation
Serving your legal advertising needs throughout California. Call your local Mailing Address : 915 E 1ST ST, LOS ANGELES, CA 90012
Telephone (213) 229-5300 / Fax (213) 229-5481
Visit us @ WWW.LEGALADSTORE.COM
NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING
AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
SD-84
01/31/2025
Publication
ONLINE
NetTotal
$2204.80
$551.20
$2756.00
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:
Ad Description:
COPY OF NOTICE
3891625
!A000007012806!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
NOTICE OF STUDY SESSION
&
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 provided consistent with
applicable State and local law, in
addition to being provided to those
persons who have expressed an
interest in the proposed action. We
encourage those with questions or
comments to contact us prior to
either or both the Study Session
and/or Public Hearing.
Please be advised that the City will
hold a Study Session concerning
the following, more fully described
below: Zoning Ordinance
Amendment (ZOA) No. 2024-02 and
Amendment Application (AA) No.
2024-03 to amend the Transit Zoning
Code (Specific Development (SD)
No. 84) zoning district of Chapter 41
(Zoning) during the regular
meeting of the Planning
Commission on the following date
and time:
Study Session Date: Monday,
February 10, 2025 Time: 5:30 PM
Further, NOTICE IS HEREBY
GIVEN that the Planning
Commission of the City of Santa Ana
will hold a public hearing to receive
public testimony and take action on
Zoning Ordinance Amendment
(ZOA) No. 2024-02 and Amendment
Application (AA) No. 2024-03 to
amend the Transit Zoning Code
(Specific Development (SD) No. 84)
zoning district of Chapter 41
(Zoning).
Public Hearing Date:
Monday,
February 24, 2025 Time: 5:30 PM
Project Location : The area within
the Transit Zoning Code/Specific
Development (SD) No. 84 Zoning
District, as depicted in the attached
map.
Project Applicant:
City of Santa
Ana
Proposed Project: Planning
Commission recommendation that
the City Council adopt Zoning
Ordinance Amendment (ZOA) No.
2024-02 and Amendment Application
(AA) No. 2024-03 to amend the
Transit Zoning Code (Specific
Development (SD) No. 84) zoning
district of Chapter 41 (Zoning) of the
Santa Ana Municipal Code and to
amend the City's Zoning Map. The
proposed amendments include
removal of industrial uses from the
permitted uses table, updates to the
nonconforming regulations, a new
amortization process, and new
operational standards applicable to
businesses within the zoning district.
The proposal also includes removing
the Light Industrial (M 1)and Hea vy
Industrial (M2) suffixes from
certain properties within the SD -84
zoning district, as show n on the
City'sZo ning Ma p.
Env ironmental Impact: In
accorda nce with CEQA and the
CEQA Guidelines,an addendum has
been prepare d to the City of Sa nta
Ana's Trans it Zoning Code (SD -84)
En vironmental Im pact Report
(EIR) to demonstrate that,pursu an t
to the standards con tained in CEQA
Guid eline s Section 15162, this project
is wi thin the scope of the Tr ansit
Z oning Code (SD -84)EIR N o. 2006 -
02, State C learinghouse ( SCH) No.
2006071100,certified by the City of
Sant a Ana on June 7, 2010. Th e
Transi t Zoning Code (SD -84)EIR
fully analyz ed the potent ial impa cts
associated with the proposed code
am endments. Thi s is cons istent with
Section 8.06 of the City's Lo cal
Guideline s for Implementing CEQA.
Me eting Details: This matter w ill
be he ard in the City Counc il
Cham bers, 2 2 Civic Cent er Plaza,
Sant a Ana, CA 927 01.Memb ers of
the pub lic m ay atten d this meet ing
in per son or join via Z oom. Fo r the
most up -to -dat e inform ation on ho w
to part icipate virtually in this
meeti ng, pleas e visit
https://www. san ta -
ana. org /planning -and -building -
meeti ng -participatio n/.
Writ ten C omments : If you are
unabl e to participate in the me eting,
you may send wr itten comment s by
e-ma il to P BAeComm ents@san ta -
ana. org (reference the Agenda Item
# in the subject line)or by mai l to
Nu via Ocampo, R ecording
Secret ary, C ity of Santa An a, 20
Civic Center Plaza -- - M 20, Sa nta
Ana, CA 92701. Deadl ine to sub mit
written comm ents is 3:30 p.m. on
the day of the m eeting. Comments
received after the deadl ine may not
be distributed to the Commission bu t
wi llbe made part of the record.
Wh ere To Get M ore Information :
Addi tional details regar ding the
proposed action( s),including the
full text of the discretionary item,
may be found on the City w ebsite 72
hou rs prior to the public hea ring at
https://santa -
ana. prim egov.com /public/portal.
Wh o To C on tac t For Quest ions:
Shou ld you have any project
questions, please cont act Princip al
Community Planner M argarita
Macedonio with the Pla nning
Di vision by phone at (714)667 -2288 or
by ema il at MM acedonio@san ta -
ana. org .
No te : If you challenge the decision
on the abo ve matt er, you may be
limited to raising only those issues
you or someone else raised at the
publ ic hearing described in this
notice, or in w ritten correspo nden ce
delivered to the Pla nning
Commi ssion or City Coun cil of the
City of Santa Ana at,or prio r to,the
publ ic hearing.
N u c n liên l c b ng ti ng Vi t,xin
i n tho i cho Kr istieHa ( 714)667 -
2 206.
1/31/25
CNS -3891625#
OR A NGE CO UN TY RE GIST ER
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 STUDY SESSION
&
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 provided consistent with applicable State and local law, in addition to being provided to those persons who have expressed an interest in the proposed action. We encourage those with questions or comments to contact us prior to either or both the Study Session and/or Public Hearing.
Please be advised that the City will hold a Study Session concerning the following, more fully described below: Zoning Ordinance Amendment (ZOA) No. 2024- 02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning) during the regular meeting of the Planning Commission on the following date and time:
Study Session Date: Monday, February 10, 2025 Time: 5:30 PM
Further, NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Santa Ana will hold a public hearing to receive public testimony and take action on Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning).
Public Hearing Date: Monday, February 24, 2025 Time: 5:30 PM
Project Location: The area within the Transit Zoning Code/Specific Development (SD) No. 84 Zoning District, as depicted in the attached map.
Project Applicant: City of Santa Ana
Proposed Project: Planning Commission recommendation that the City Council adopt Zoning Ordinance Amendment (ZOA) No. 2024- 02 and Amendment Application (AA) No. 2024- 03 to amend the Transit Zoning Code (Specific Development (SD) No. 84) zoning district of Chapter 41 (Zoning ) of the Santa Ana Municipal Code and to amend the City’s Zoning Map. The proposed amendments include removal of industrial uses from the permitted uses table, updates to the nonconforming regulations, a new amortization process, and new operational standards applicable to businesses within the zoning district. The proposal also includes removing the Light Industrial (M1) and Heavy Industrial (M2) suffixes from certain properties within the SD-84 zoning district, as shown on the City’s Zoning Map.
Environmental Impact: In accordance with CEQA and the CEQA Guidelines, an addendum has been prepared to the City of Santa Ana’s Transit Zoning Code (SD -84) Environmental Impact Report (EIR) to demonstrate that, pursuant to the standards contained in CEQA Guidelines Section 15162, this project is within the scope of the Transit Zoning Code (SD -84) EIR No. 2006-02, State Clearinghouse
(SCH) No. 2006071100, certified by the City of Santa Ana on June 7, 2010. The Transit Zoning Code (SD-84) EIR fully analyzed the potential impacts associated with the proposed code amendments. This is consistent with Section 8.06 of the City’s Local Guidelines for Implementing CEQA.
Meeting Details: This matter will be heard 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://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any project questions, please contact Principal Community Planner Margarita Macedonio with the Planning Division by phone at (714) 667-2288 or by email at [email protected].
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Kristie Ha (714) 667-2206.
City of Santa Ana
Transit Zoning Code Area