Santa Ana City Council
June 17, 2025

ATTACHMENT B
City Council 18 – 130 6/17/2025
City Council 18 – 131 6/17/2025
City Council 18 – 132 6/17/2025
City Council 18 – 133 6/17/2025
City Council 18 – 134 6/17/2025
City Council 18 – 135 6/17/2025

ATTACHMENT C
Fiscal Year 2024
Emergency Management
Performance Grant (EMPG)
California Supplement to the
Federal Notice of Funding Opportunity
January 2025
City Council 18 – 136 6/17/2025
SECTION 1—OVERVIEW………………………………………………………………………….1
Federal Program Announcement
Information Bulletins
Purpose of the California Supplement
Key Changes to the FY 2024 Emergency Management Performance Grant Grant Management Memoranda
Eligible Subrecipients
Tribal Allocations
Subrecipient Allocations
Supplanting
Public/Private Organizations
Debarred/Suspended Parties
SECTION 2—FEDERAL CHANGES AND INITIATIVES .......................................................5 FY 2024 Program Priorities
National Campaigns and Programs
NIMS Implementation
Match Requirement
Management and Administration
Indirect Costs
Equipment Typing/Identification and Use
Equipment Maintenance and Sustainment
Small Unmanned Aircraft Systems
Telecommunications Equipment or Services Prohibitions
Emergency Operations Plans
Conflict of Interest
Integrated Preparedness Plan
Prohibited and Controlled Equipment
Build America, Buy America Act
SECTION 3—STATE CHANGES AND INITIATIVES.......................................................... 13 California Homeland Security Strategy Goals
“On Behalf Of”
Public Alert and Warning
SECTION 4—REQUIRED STATE APPLICATION COMPONENTS...................................... 14 Financial Management Forms Workbook
Subrecipient Grants Management Assessment
Application Attachments
Standard Assurances
Governing Body Resolution
Authorized Agent Information
City Council 18 – 137 6/17/2025
SECTION 5—THE STATE APPLICATION PROCESS......................................................... 18 Application Submission
Late or Incomplete Application
EMPG Contact Information
Subaward Approval
SECTION 6—POST AWARD REQUIREMENTS ................................................................ 19 Payment Request Process
Semi-Annual Drawdown Requirements
Modifications
Training Requirements
Exercises, Improvement Plans and After Action Reporting Procurement Standards and Written Procedures
Procurement Documentation
Procurement Thresholds
Noncompetitive Procurements
Environmental Planning and Historic Preservation
Construction and Renovation
Inventory Control and Property Management
Equipment Disposition
Performance Reporting
Extension Requests
Progress Reports on Grant Extensions
Monitoring
Failure to Submit Required Reports
Suspension/Termination
Closeout
Records Retention

ATTACHMENTS
A – FY 2024 EMPG Allocations
B – FY 2024 EMPG Timeline
C – FY 2024 EMPG Program Checklist
City Council 18 – 138 6/17/2025
Section 1 ‒ Overview | 2024
Federal Program
Announcement
In April 2024, the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)
issued the Fiscal Year (FY) 2024 Emergency Management
Performance Grant (EMPG), Notice of Funding
Opportunity (NOFO) and FEMA Preparedness Grants
Manual.

Subrecipients must follow the programmatic requirements in the NOFO, FEMA Preparedness Grants Manual, and the
applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2, Code of Federal
Regulations (C.F.R.) Part 200.

Information Bulletins DHS issues Information Bulletins (IBs) to provide updates, clarification, and new requirements throughout the life of the grant.

Purpose of the
California Supplement
The FY 2024 EMPG California Supplement to the NOFO
(State Supplement) is intended to complement, rather
than replace, the NOFO and the FEMA Preparedness
Grants Manual. Applicants are highly encouraged to
thoroughly read the NOFO and the Preparedness Grants
Manual before referring to the State Supplement. The
State Supplement will emphasize differences between the FY 2023 and FY 2024 EMPG and highlight additional
California policies and requirements applicable to the
FY 2024 EMPG.

Key Changes to the
FY 2024 EMPG
The National Priorities for the FY 2024 EMPG Program
continue to be:
• Equity
• Climate Resilience
• Readiness
A detailed description of allowable investments for each national priority is included in the FY 2024 EMPG NOFO. 1 City Council 18 – 139 6/17/2025
Section 1 ‒ Overview | 2024
Key Changes to the
FY 2024 EMPG Cont.

Phase 2 National Qualification System (NQS) for Calendar Year 2024
Subrecipients shall have designed and approved
organizational qualification system procedures,
certification program, and credentialing standards for
incident workforce personnel in alignment with the NIMS Guideline for the NQS.

Additional information regarding the NQS implementation requirements and be found in the FEMA Preparedness
Grants Manual.

Public Alert and Warning Preparedness
Subrecipients shall include exercise objectives centered on practicing and validating their plans and procedures for sending emergency alerts to the public through the
FEMA Integrated Public Alert and Warning System.

Purchasing Under a FEMA Award: 2024 OMB Revisions:

The Office of Management and Budget (OMB) updated
parts of the OMB Guidance for Grants and Agreements in
Title 2 of the Code of Federal Regulations. These updates will apply to FEMA awards with an award date on or after October 1, 2024.

Updates to the federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327, which govern how FEMA award
recipients and subrecipients must conduct purchases
under a FEMA award.

FEMA will update its policy and guidance documents to
incorporate these revisions. For now, please refer to the Purchasing Under a FEMA Award: 2024 OMB Revisions
Fact Sheet. Details on all the 2 C.F.R. revisions can be found on the Federal Register’s Guidance for Federal
Financial Assistance webpage. For additional information on the federal procurement standards, visit Contracting with Federal Funds for Goods and Services Before, During and After Disasters | FEMA.gov.
2 City Council 18 – 140 6/17/2025
Section 1 ‒ Overview | 2024
Grants Management
Memoranda
Cal OES issues Grant Management Memoranda (GMMs)
which provide additional information and requirements
regarding EMPG funds.

Eligible Subrecipients
Tribal Allocations
Eligible Applicants, referred to as Subrecipients, include Counties/Operational Areas (OAs), and federallyrecognized tribes located in California.

The NOFO strongly encourages Cal OES to provide EMPG
funds directly to tribes in California. To implement this requirement, a special Competitive Funding Opportunity
will be issued to California’s federally-recognized tribes. All Subrecipients are encouraged to coordinate with tribal
governments to ensure that tribal needs are considered in their grant applications.

Subrecipient
Allocations
FY 2024 EMPG Subrecipient final allocations are included in Attachment A.

Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been
appropriated for the same purpose. Subrecipients may be required to provide supporting documentation that
certifies a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of
federal funds. Supplanting will result in the disallowance of any activity associated with this improper use of federal grant funds.

Public/Private
Organizations
Subrecipients may contract with any other public or private organizations to perform eligible activities on approved EMPG projects.

Debarred/
Suspended Parties
Subrecipients must not make or permit any award
(subaward or contract) at any tier, to any party, that is debarred, suspended, or otherwise excluded from, or
ineligible for, participation in federal assistance programs.

Subrecipients must obtain documentation of eligibility prior to making any subaward or contract funded by EMPG
funds, and must be prepared to present supporting
documentation to monitors/auditors.
3 City Council 18 – 141 6/17/2025
Section 1 ‒ Overview | 2024
Debarred/
Suspended Parties
Cont.

Before entering into a Grant Subaward, the Subrecipient must notify Cal OES if it knows if any of the principals under the subaward fall under one or more of the four criteria listed at 2 C.F.R. § 180.335. The rule also applies to
Subrecipients who pass-through funding to other local
entities.

If at any time after accepting a subaward, Subrecipients learn that any of its principals fall under one or more of the criteria listed at 2 C.F.R. § 180.335, immediate written notice must be provided to Cal OES and all grant
activities halted until further instructions are received from Cal OES. The rule also applies to subawards passed
through by Subrecipients to local entities.
4 City Council 18 – 142 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
FY 2024 Program
Priorities
DHS/FEMA annually publishes the National Preparedness
Report (NPR) to report national progress in building,
sustaining, and delivering the core capabilities outlined in the goal of a secure and resilient nation. This analysis provides a national perspective on critical preparedness trends for whole community partners to use to inform
program priorities, allocate resources, and communicate with stakeholders about issues of concern.

In developing applications for the FY 2024 EMPG Program, Subrecipients should fund projects that address areas for improvement as they relate to emergency management
capabilities, and projects that fall into the state, regional, and national priority areas, including:
• Planning
• Operational Coordination
• Community Resilience
• Equity
• Climate Resilience
• Readiness
DHS/FEMA does not prescribe a minimum funding amount
for these priorities. However, Subrecipients are required to support local, regional, state, and national efforts in achieving the desired outcomes of these priorities.

National
Campaigns and
Programs
Whole Community Preparedness – Subrecipients should
engage with the whole community to advance individual
and community preparedness and to work as a nation to
build and sustain resilience. In doing so, Subrecipients are encouraged to consider the needs of individuals with access and functional needs and limited English proficiency in the activities and projects funded by the grant.

Subrecipients should utilize established best practices for whole community inclusion and engage with stakeholders to advance individual and jurisdictional preparedness and
resilience. Subrecipients are encouraged to consider the necessities of all Californians in the activities and projects funded by the grant including children, seniors, individuals with disabilities or access and functional needs,
5 City Council 18 – 143 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
National
Campaigns and
Programs Cont.
individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved
populations.

Active Shooter Preparedness – DHS has developed a
comprehensive Active Shooter Preparedness website, which strives to enhance national preparedness through a wholecommunity approach by providing the necessary products, tools, and resources to help all stakeholders prepare for and respond to an active shooter incident. Subrecipients are encouraged to review the referenced active shooter
resources and evaluate their preparedness needs.

Soft Targets and Crowded Places – States, territories, Urban Areas, and public and private sector partners are
encouraged to identify security gaps and build capabilities that address security needs and challenges related to
protecting locations or environments that are easily
accessible to large numbers of people on a predictable or semi-predictable basis that have limited security or
protective measures in place, including town centers,
shopping malls, open-air venues, outside hard
targets/venues perimeters, and other places of meeting and gathering. For more information, please see DHS’s
Hometown Security Program.

Community Lifelines – FEMA created Community Lifelines to reframe incident information and impacts using plain
language and unity of effort to enable the integration of preparedness efforts, existing plans, and identifies unmet needs to better anticipate response requirements. Additional information may be found at the Community Lifelines
Implementation Toolkit website.

Strategic Framework for Countering Terrorism and Targeted Violence – DHS adopted the DHS Strategic Framework for
Countering Terrorism and Targeted Violence, which explains how the department will use the tools and expertise that have protected and strengthened the country from foreign terrorist organizations to address the evolving challenges of today.
6 City Council 18 – 144 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
NIMS
Implementation
Prior to allocation of any federal preparedness awards, Subrecipients must ensure and maintain adoption and
implementation of the National Incident Management
System (NIMS).

Match
Requirement
The FY 2024 EMPG requires a dollar-for-dollar match. This can be cash or third-party in-kind contributions. Refer to
2 C.F.R. § 200.306 for specific details. Utilizing the Financial Management Forms Workbook (FMFW) Match Tab,
Subrecipients will indicate the appropriate Solution Area and Solution Area Subcategory that accurately represents the specific activity(ies) and cost(s) used to meet the match requirement under the FY 2024 EMPG subaward.

Contributions from the Subrecipient should be specifically identified in the match description located on the FMFW Match Tab. The non-federal match contributions have the same eligibility requirements as the federal share. For additional match guidance, see EMPG Clarifying Guidance IB 458.

Management
and
Administration
The Management and Administration (M&A) allowance for
Subrecipients is set at a maximum of five percent for the FY 2024 EMPG.

Indirect Costs Indirect costs are allowable under the FY 2024 EMPG Grant Award.

Subrecipients with an indirect cost rate approved by their cognizant federal agency may claim indirect costs based on the established rate. Indirect costs claimed must be calculated using the base approved in the indirect cost negotiation agreement. A copy of the approved
negotiation agreement is required at the time of
application.

Indirect costs are in addition to the M&A allowance and must be included in the Grant Award application as a
“Project” and reflected in the FMFW on the Indirect Cost category ledger if being claimed under the award.

Indirect costs must be claimed no more than once annually, and only at the end of the Subrecipient’s fiscal year. An exception to this rule applies if there is a mid-year change to the approved indirect cost rate; in this case, costs incurred 7 City Council 18 – 145 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
Indirect Costs
Cont.
to date must be claimed. At that time, a Grant Subaward Modification reflecting the rate change must also be
submitted to Cal OES, along with a copy of the new Indirect Cost Rate Agreement.

The FEMA Preparedness Grants Manual, published by FEMA, states that State and local governments are not permitted to use the de minimis rate. These costs are allowable only when an exception is granted to the SAA by FEMA per 2 C.F.R.

Part 200, Appendix VII, paragraph D.1.b.

Equipment
Typing/
Identification
Allowable EMPG equipment is listed on the FEMA Authorized Equipment List (AEL) website, and includes equipment from the following AEL Sections:
and Use
• Personal Protective Equipment (Category 1)
• Information Technology (Category 4)
• Cybersecurity Enhancement Equipment (Category 5)
• Interoperable Communication Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and
Explosive (CBRNE) Reference Materials (Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Section 21)
Subrecipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances.

Large equipment purchases must be identified and
explained. For more information regarding property
management standards for equipment, refer to 2 C.F.R.
including § 200.310, § 200.313, and § 200.316.

Subrecipients that allocate FY 2024 EMPG funds for
equipment are required to type and identify the capability associated with that equipment. Also, per FEMA policy, the purchase of weapons and weapon accessories are not
allowed with EMPG funds. Special rules apply to critical emergency supplies; refer to the FEMA Preparedness Grants Manual for additional information.
8 City Council 18 – 146 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
Equipment
Maintenance
and Sustainment
Use of EMPG funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable as described in FEMA Ibs 336 and 379, as well as Grant Programs Directorate Policy FP 205-402-125-1.

Small
Unmanned
Aircraft Systems
All requests to purchase Small Unmanned Aircraft Systems (SUAS) with FEMA grant funding must comply with FEMA
Policy 207-22-0002 and include copies of the policies and procedures in place to safeguard individuals’ privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment.

Reference the Presidential Memorandum: Promoting
Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems for additional information. All SUAS purchase requires FEMA approval prior to making purchase.

Telecommunications Equipment
or Services
Effective August 13, 2020, section 889(f)(2)-(3) of the John S. McCain National Defense Authorization Act
for FY 2019 (NDAA), Pub. L. No. 115-232 (2018) and
2 C.F.R. § 200.216, 200.471, and Appendix II to 2 C.F.R.

Part 200 prohibits DHS/FEMA Recipients and Subrecipients (including their contractors and subcontractors) from using any FEMA funds under open or new awards for the following covered telecommunications equipment or services:

Prohibitions
1) Telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities);
2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities);
3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or 9 City Council 18 – 147 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
Telecommunications Equipment
or Services
controlled by, or otherwise connected to, the People’s
Republic of China.

Additional guidance is available in FEMA Policy #405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services.

Prohibitions Cont.

Emergency
Operations Plans
Subrecipients should update their Emergency Operations
Plan (EOP) at least once every two years to remain
compliant with the Comprehensive Preparedness Guide 101 version 2.0. Subrecipients are highly encouraged to include an evacuation plan or annex as part of their EOP as well as plans to exercise and validate the evacuation plan and
capabilities.

Conflict of
Interest
To eliminate and reduce the impact of conflicts of interest in the subaward process, Subrecipients and pass-through
entities must follow their own policies and procedures
regarding the elimination or reduction of conflicts of interest when making subawards. Subrecipients and pass-through
entities are also required to follow any applicable federal, state, local, and tribal statutes or regulations governing conflicts of interest in the making of subawards.

Subrecipients must disclose to their Grants Analyst, in writing, any real or potential conflict of interest as defined by the federal, state, local, or tribal statutes or regulations, which may arise during the administration of the EMPG subaward within five days of learning of the conflict of interest.

Integrated
Preparedness
Plan (IPP)
The IPP is a multi-year plan that identifies preparedness priorities and activities. The IPP needs to be reviewed and updated annually. For FY 2024 EMPG, the IPP needs to cover a minimum of two years, from 2025 through 2026 to qualify as a multi-year plan.

Prohibited and
Controlled
Equipment
Effective May 25, 2022, Executive Order (EO)14074,
Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety, Section 12(a) directs the Department of Homeland Security to review its grants, and consistent with applicable law, prohibits the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial (SLTT) law enforcement agencies (LEAs).
10 City Council 18 – 148 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
Prohibited and
Controlled
Equipment Cont.

For all awards issued on or after January 1, 2023, The policy directly prohibits certain types of equipment outright
(prohibited equipment), whereas other types of equipment may be controlled, or LEAs are required to submit
certifications prior to purchase.

Even if equipment is listed as controlled equipment and is not outright prohibited, that does not automatically make it allowable under a particular FEMA program. Recipients and subrecipients should refer to applicable program guidance or contact your Grants Analyst to determine if a particular type of equipment is allowable under that program.

Additional information regarding Prohibited and Controlled Equipment is available on FEMA Policy 207-22-0002.

Build America,
Buy America Act
(BABAA)
Under FEMA financial assistance programs, the BABAA
requirements apply to:
• New awards made on or after January 2, 2023,
• New funding that FEMA obligates to existing awards or through renewal awards on or after January 2, 2023; and • Infrastructure projects.

Funds provided under this program may not be used for a project for infrastructure unless the iron and steel,
manufactured products, and construction materials used in that infrastructure are produced in the United States.

The Buy America preference only applies to articles,
materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Additionally, the Buy America preference does not apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
11 City Council 18 – 149 6/17/2025
Section 2 ‒ Federal Changes and Initiatives | 2024
Build America,
Buy America Act
(BABAA) Cont.

When necessary, Subrecipients may apply for a waiver from these requirements. Additional information regarding the BABAA can be found on FEMA’s website under
Buy America Preference.
12 City Council 18 – 150 6/17/2025
Section 3 ‒ State Changes and Initiatives | 2024
California The State has prioritized the following California Homeland Homeland Security Strategy Goals for the FY 2024 subawards:

Security Strategy
Goals 1. Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California;

2. Protect Critical Infrastructure and Key Resources from All Threats and Hazards;

3. Strengthen Security and Preparedness Across
Cyberspace;

4. Strengthen Communications Capabilities Through
Planning, Governance, Technology, and Equipment;

5. Enhance Community Preparedness;

6. Enhance Multi-Jurisdictional/Inter-Jurisdictional AllHazards Incident Catastrophic Planning, Response, and Recovery Capabilities;

7. Improve Medical and Health Capabilities;

8. Enhance Incident Recovery Capabilities;

9. Strengthen Food and Agriculture Preparedness;

10. Enhance Homeland Security Exercise, Evaluation, and Training Programs; and

11. Protect Against Effects of Climate Change
“On Behalf Of” Cal OES may, in conjunction with local approval authorities, designate funds “on behalf of” local entities who choose to decline or fail to utilize their subaward in a timely manner.

Public Alert and
Warning
Cal OES encourages Subrecipients to consider use of this funding to assist their jurisdiction’s alignment with the State of California Alert and Warning Guidelines developed pursuant to Senate Bill 833 of the 2018 Legislative Session. 13 City Council 18 – 151 6/17/2025
Section 4 ‒ Required State Application Components | 2024 Financial The FY 2024 Cal OES FMFW includes:

Management
Forms
Workbook
Grant Subaward Face Sheet – Use the Grant Subaward
Face Sheet to apply for grant programs. The Grant
Subaward Face Sheet must be signed and submitted in
portrait format.

Authorized Agent Contact Information – Provides the
contact information of Authorized Agents (AA), delegated via the Governing Body Resolution (GBR) or Signature
Authorization Form, including staff related to grant activities.

More than one person is recommended for designation as
the AA; in the absence of an AA, an alternate AA can sign documents.

Project Ledger – The Project Ledger is used in the
application process to submit funding information and is used for submitting cash requests and Grant Subaward
Modifications, and assists with completion of the Biannual Strategy Implementation Report (BSIR).

Planning Tab – Provides detailed information on grantfunded planning activities with a final product identified.

Organization Tab – Provides detailed information on grantfunded organizational activities.

Equipment Tab – Detailed information must be provided
under the equipment description for all grant-funded
equipment. AEL numbers must be included for all items of equipment. Always refer to the AEL for a list of allowable equipment and conditions, if any.

Training Tab – Provides detailed information on grantfunded training activities. All training activities must receive Cal OES approval prior to starting the event, including a Training Feedback number. The Training Request Form must be submitted and approved to obtain a Training Feedback number and should be submitted at least 30 days in
advance.

Exercise Tab – Provides detailed information on grantfunded exercises. 14 City Council 18 – 152 6/17/2025
Section 4 ‒ Required State Application Components | 2024 Financial M&A Tab – Provides information on grant-funded M&A Management
Forms Workbook
Cont.
activities.

Indirect Costs Tab – Provides information on indirect costs.

Consultant-Contractor Tab – Provides detailed information on grant-funded consultants, and documents
maintenance and sustainment contracts and activities on grant eligible items/equipment.

Personnel Tab – Provides detailed information on grantfunded personnel activities.

Match Tab – Provides detailed information on match
activities.

Authorized Agent Page – The Authorized Agent (AA) Page
must be submitted with the application, all cash requests, and Grant Subaward Modifications. The AA page must
include a valid signature on file with Cal OES and the date.

Subrecipient
Grants
Management
Assessment
Per 2 C.F.R. § 200.332, Cal OES is required to evaluate the risk of non-compliance with federal statutes, regulations, and grant terms and conditions posed by each
Subrecipient of pass-through funding. The Subrecipient
Grants Management Assessment contains questions
related to a Subrecipient organization’s experience in the management of federal grant awards. It is used to
determine, and provide, an appropriate level of technical assistance, training, and grant oversight to Subrecipients during the subaward. The questionnaire must be
completed and returned with the Subrecipient’s grant
application.

Application
Attachments
Indirect Cost Rate Agreement – If claiming indirect costs at a federally-approved rate, please provide a copy of the approved Indirect Cost Rate Agreement.

Federal Funding Accountability and Transparency Act
(FFATA) Financial Disclosure – Use the FFATA Financial
Disclosure to provide information required by the Federal Funding Accountability and Transparency Act of 2006.
15 City Council 18 – 153 6/17/2025
Section 4 ‒ Required State Application Components | 2024 Standard
Assurances
The Standard Assurances list the requirements to which the Subrecipients will be held accountable. All Applicants will be required to submit an electronic signed FY 2024
Standard Assurances as part of their FY 2024 EMPG
application. The required Standard Assurances can be
found only in PDF format on the Cal OES website.

NOTE: Self-created Standard Assurances will not be accepted.

Program
Standard
Assurances
Addendum
The Program Standard Assurances Addendum specifies
additional requirements that Subrecipients must meet.

All Subrecipients must submit an electronic signed Program Standard Assurances Addendum as part of the FY 2024
EMPG application. The required Program Standard
Assurances Addendum can be found only in PDF format on
the Cal OES website.

Governing Body
Resolution
The GBR appoints AAs (identified by the individual’s name or by a position title) to act on behalf of the governing body and the Applicant by executing any actions
necessary for each application and subaward. All
Applicants are required to submit a copy of an approved GBR with their application. Resolutions may be valid for up to three grant years given the following:
• The resolution identifies the applicable grant program (e.g., EMPG and/or HSGP);
• The resolution identifies the applicable grant years, (e.g., FY 2023, FY 2024, FY 2025); and
• Adheres to any necessary elements required by local
protocols, rules, etc., if applicable.

Resolutions that only identify a single grant program will only be valid for that single program. Resolutions that do not identify applicable grant years will only be valid for the grant year in which the resolution was submitted.

Authorized
Agent
Information
For each person or position appointed by the Governing
Body, identify the individual in the AA and Contact
Information page of the FMFW.

All changes in AA and contact information must be
provided to Cal OES in writing. If the GBR identifies the AA by name, a new Resolution is needed when changes are
16 City Council 18 – 154 6/17/2025
Section 4 ‒ Required State Application Components | 2024 Authorized
Agent
Information
Cont.
made. If the GBR identifies the AA by position and/or title, changes may be made by submitting a request on the
entity’s letterhead, signed by an existing AA.

Cal OES will not accept signatures of an AA’s designee, unless authorized by the Governing Body’s resolution. A change to an AA’s designee must be submitted on
agency letterhead and signed by the AA, announcing the
change to their designee.
17 City Council 18 – 155 6/17/2025
Section 5 ‒ The State Application Process | 2024
Application
Submission
Subrecipients must submit an electronic copy of their
completed FMFW to their Grants Analyst for review no later than fourteen calendar days before the final Application due date. After the application is approved, all electronic copies of the FMFW, along with the required documents
must be emailed, with original or electronic signatures, by the application due date. During the application process, if it is determined all allocated funds cannot be expended by the end of the period of performance, inform your
Grants Analyst as soon as possible. The completed
application documents should be received by Cal OES no
later than the date provided in the FY 2024 EMPG Timeline, referenced as Attachment B.

Late or
Incomplete
Application
Late or incomplete applications may be denied. If an
application is incomplete, the Grants Analyst may request additional information. Requests for late submission of applications must be made in writing to the Grants Analyst prior to the application due date. Cal OES has sole
discretion to accept or reject a late or incomplete grant application.

EMPG Contact
Information
Subrecipient questions, comments, and correspondence
should be directed to:

California Governor’s Office of Emergency Services
ATTN: Grants Management (Building F)
Emergency Management Performance Grants Unit
3650 Schriever Avenue
Mather, CA 95655
Brittany Estep – Regions I & VI
Eman Hariri – Region II
Ronak Patel – Region III
(916) 364-4622
(916) 364-4689
(916) 845-8124
Lauren Swearengin – Regions IV & V (916) 845-8950
Subaward
Approval
Subrecipients will receive a formal notification of
subaward. Subaward letters must be signed and the signed copy be returned to Cal OES within 20 calendar days.

Once the completed application along with the signed
subaward letter is received and approved, reimbursement of eligible subaward expenditures may be requested using the Cal OES FMFW.
18 City Council 18 – 156 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Payment Request
Process
The EMPG is a reimbursement program. To request a cash
reimbursement of EMPG funds, Subrecipients must first
complete a payment request using the Cal OES FMFW,
returning it to the appropriate Grants Analyst. Subrecipients who fail to follow the workbook instructions may experience delays in processing the payment request.

Payments can only be made if the Subrecipient has an
approved application.

Semi-Annual
Drawdown
Requirements
All Subrecipients must report expenditures and request funds at least semi-annually throughout the period of
performance. Semi-annual drawdowns should occur in
March and October of each calendar year following final approval of the subaward application, with the exception of the final reimbursement request, which must be submitted within twenty calendar days after the end of the period of performance.

Modifications Post award budget and scope modifications must be requested using the Cal OES EMPG FMFW, signed by the
Subrecipient’s AA, and submitted to the Grants Analyst.

The Subrecipient may implement grant modification
activities, and incur associated expenses, only after
receiving written final approval of the modification from Cal OES.

Subrecipients must provide a written justification with all modification requests. The justification may be included in the body of the e-mail transmitting the request, or a
document attached to the transmittal e-mail. Refer to
GMM 2018-17 for additional information regarding
modification requests.
19 City Council 18 – 157 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Training
Requirements
Training activities supported with EMPG Program funds
should align to NPG core capabilities identified in each Subrecipient’s Training and Exercise Plan. Subrecipients must obtain a Training Feedback Number from Cal OES before
beginning any training activities. This includes project components like travel to, materials for, or attendance in training courses. Training Feedback Numbers should be
obtained no later than 30 days before the first day of the training or related activities. Subrecipients must complete a Training Request Form and submit it electronically to
Cal OES.

For more information on this or other training-related
inquiries, contact the Cal OES Training Branch at
(916) 845-8745 or [email protected].

All EMPG-funded personnel, including M&A staff, and any staff being used for match, must complete either the
Independent Study courses identified in the Professional Development Series (PDS) or the National Emergency
Management Basic Academy. Final reimbursement of
personnel salaries will not be approved until all training requirements have been met. Proof of completion of the
training requirements must be kept on file by the
Subrecipient and be made available for review upon
request. When seeking approval of non-DHS/FEMA
developed courses, course materials must be submitted with the approval requests. Conditional approvals are not
offered.

EMPG TRAINING- PDS
IS 100 (any version), Introduction to Incident Command
System (ICS)
IS 200 (any version), ICS for Single Resources and Initial Action Incident
IS 700 (any version), National Incident Management System, An Introduction
IS 800 (any version), National Response Framework, An
Introduction
20 City Council 18 – 158 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Training
Requirements
Cont.

IS 120.c An Introduction to Exercises
IS 230.e Fundamentals of Emergency Management
IS 235.c Emergency Planning
IS 240.c Leadership and Influence
IS 241.c Decision Making and Problem Solving
IS 242.c Effective Communication
IS 244.b Developing and Managing Volunteers
EMPG TRAINING-Basic Academy
IS 100 (any version), Introduction to the Incident Command System (ICS)
IS 700 (any version), National Incident Management System (NIMS), An Introduction
IS 800 (any version), National Response Framework, An
Introduction
IS 230.e Fundamentals of Emergency Management
E/L101, Foundations of Emergency Management
E/L102, Science of Disaster
E/L103, Planning Emergency Operations
E/L104, Exercise Design
E/L105, Public Information & Warning
In the event that any of the listed courses have been
updated and the required version is no longer available, it is acceptable to take the updated course in place of the
listed course (i.e., since IS-120.a has been replaced with IS-120.c, the latter may be used in the place of the original course). The courses listed above are the minimum
accepted versions for FY 2024 EMPG.
21 City Council 18 – 159 6/17/2025
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Training
Requirements
Cont.

Training activities should align to a current IPP, developed through an annual IPP Workshop. The training should help build core capabilities and fill gaps identified in real-world incidents and exercises. Further guidance can be found in the HSEEP.

EMPG and non-EMPG -funded personnel may claim EMPG
funds for tuition/travel costs for EMPG eligible trainings, provided that the purpose of the travel and training is to accomplish the objectives of the grant.

Exercises, Subrecipients should engage stakeholders to identify longterm training and exercise priorities. These priorities should address capability targets and gaps identified through a Threat and Hazard Identification and Risk Assessment, realworld events, previous exercises, and national areas for improvement identified in the NPR.

Improvement
Plans and After
Action Reporting
Subrecipients must report on all exercises conducted with EMPG grant funds. An After Action Report
(AAR)/Improvement Plan (IP) or Summary Report (for
Seminars, Drills & Workshops) must be completed and
submitted to Cal OES within 90 days after the
exercise/seminar/drill/workshop is conducted.

It is acceptable to submit an Exercise Summary Report for Seminars, drills, and Workshops in lieu of a full AAR/IP.

AAR/Ips and Summary Reports should be e-mailed to:
• [email protected]
• [email protected]
• Your Grants Analyst
All EMPG-funded personnel, including M&A staff and any
staff being used for match, must participate in no less than two exercises between July 1, 2024, and June 30, 2026. These exercises must align to one of the priority areas via the Performance Reports. The Great Shakeout drop, cover, and hold drill is ineligible for the purpose of the two exercise requirement.

Final reimbursement of personnel salaries will not be
approved until all exercise requirements have been met. 22 City Council 18 – 160 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Exercises, Exercises used to meet this requirement during one period of performance cannot be used to meet the requirement in
another. Extensions to the grant do not apply to this
requirement or its due date. There is no specific requirement for level of participation in the exercises and the exercises can be of any type, provided they are related to the
subrecipient’s identified long-term training and exercises priorities. Proof of completion of the exercise requirements must be kept on file by the Subrecipient and be made
available for review upon request.

Improvement
Plans and After
Action Reporting
Cont.

For exercise-related issues and/or questions, email the Cal OES Exercise Team at [email protected].

Exercise costs will not be considered for reimbursement until an AAR/IP is received by Cal OES.

Procurement
Standards and
Written
Subrecipients must conduct procurement using documented local government procurement procedures, or the federal procurement standards found in 2 C.F.R. Part 200, whichever are more strict. Subrecipients must also have written conflict of interest policies governing the actions of its employees engaged in the selection, award and administration of
contracts, including disciplinary actions for violations of such standards.

Procedures
Procurement
Documentation
Non-federal entities, other than states and territories, are required to maintain and retain records sufficient to detail the history of procurements, covering at least the rationale for the procurement method, contract type, contractor
selection or rejection, and the basis for the contract price.

For any cost to be allowable, it must be adequately
documented. Examples of the types of documents that
would meet this requirement include, but are not limited to:
• Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals;
• Responses to solicitations, such as quotes, bids, or
proposals;
• Pre-solicitation independent cost estimates and
Post-solicitation cost/price analyses on file for review by federal personnel, if applicable;
• Contract documents and amendments;
23 City Council 18 – 161 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Procurement
Documentation
Cont.
• Documents demonstrating inclusion of required contract provisions, and
• Other documents required by federal regulations
applicable at the time the grant was awarded to the
Subrecipient.

Procurement
Thresholds
Under 2 C.F.R. Part 200, procurement thresholds are defined as follows:
• Micro-purchase threshold: This is the maximum amount for which purchases can be made without requiring competitive quotes or formal procurement processes, provided the price is reasonable. The micro-purchase threshold is set at $10,000. • Simplified acquisition threshold: This sets the maximum amount for which federal procurement procedures may be simplified.

The threshold is $250,000. For purchases at or below this amount, subrecipients may use streamlined methods, such as obtaining competitive price or rate quotations from an
adequate number of qualified sources. Purchases exceeding $250,000 require more formal procurement procedures,
including sealed bids or competitive proposals.

Subrecipients must adhere to these thresholds and, in cases of conflict between local procurement procedures and
federal requirements, must apply the more stringent
threshold.

Noncompetitive
Procurements
All noncompetitive procurements exceeding the simplified acquisition threshold require Cal OES prior written approval to be eligible for reimbursement. This method of procurement must be approved by the local Purchasing Agent prior to submitting a request for Cal OES approval. A copy of the Purchasing Agent’s approval must be included with the
Cal OES Request for Noncompetitive Procurement
Authorization form. Cal OES may request additional
documentation that supports the procurement effort.
24 City Council 18 – 162 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Environmental
Planning and
Historic
DHS/FEMA is required to ensure all activities and programs that are funded by the agency comply with federal
Environmental Planning and Historic Preservation (EHP)
regulations. Subrecipients proposing projects or activities (including, but not limited to, training, exercises, the installation of equipment, and construction or renovation projects) that have the potential to impact the environment or a historic structure must participate in the EHP review process. EHP Screening Memos must include detailed
project information, explain the goals and objectives of the proposed project, and include supporting documentation.

Preservation
DHS/FEMA may also require that the Subrecipient provide a confidential California Historical Resources Information System (CHRIS) report in addition to the EHP Screening Form.

Determination on the necessity of a CHRIS report is based upon information disclosed on the EHP Screening Form.

Grants Analysts will provide additional instructions should this report be required.

EHP requests should be submitted to Cal OES as early as possible. All projects/activities triggering EHP must receive DHS/FEMA written approval prior to commencement of the
funded activity.

Updated information may be referenced in the FEMA GPD
EHP Policy Guidance.

Construction and
Renovation
When applying for construction activity at the time of
application, including communications towers, Subrecipients must submit evidence of approved zoning ordinances,
architectural plans, any other locally required planning permits, and a notice of federal interest. Additionally, Subrecipients are required to submit a SF-424C Budget and Budget Detail that cites the project costs. Communication tower construction requests also require evidence that the Federal Communications Commission’s Section 106 review
process has been completed.

Subrecipients using funds for construction projects must comply with the Davis-Bacon Act. Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a
25 City Council 18 – 163 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Construction and
Renovation Cont.
character like the contract work in the civil subdivision of the state in which the work is to be performed.

Written approval for construction must be provided by
DHS/FEMA prior to the use of any EMPG funds for construction or renovation. No construction activities (including site preparation, utility installations, and any groundbreaking activities) or equipment installations on existing structures, may begin until the EHP review process is complete.

Inventory Control
and Property
Management
Subrecipients must use standardized resource management concepts for resource typing and credentialing, in addition to maintaining an inventory by which to facilitate the
effective identification, dispatch, deployment, tracking and recovery of resources.

Subrecipients must have an effective inventory
management system, to include:
• Property records that document description, serial/ID number, fund source, title information, acquisition date, cost, federal cost share, location, use, condition, and ultimate disposition;
• A physical inventory conducted at least every two years; • A control system to prevent loss, damage, and theft of grant purchased equipment and supplies; and
• Adequate maintenance procedures must be developed
to keep the property in good condition.

Equipment
Disposition
When original or replacement equipment acquired under
the EMPG is no longer needed for program activities, the Subrecipient must contact their Grants Analyst to request disposition instructions. See 2 C.F.R. § 200.313(e).

Performance
Reporting
BSIR – Subrecipients must complete a BSIR each Winter and Summer using the DHS/FEMA Grants Reporting Tool (GRT) for the duration of the subaward period of performance or until all grant activities are completed and the subaward is
formally closed by Cal OES. Failure to submit a BSIR could result in subaward reduction, suspension, or termination.

Access to the BSIR may be obtained through the GRT. To
create a new account, click the link that reads, “Register for an account” and follow the instructions provided. The
26 City Council 18 – 164 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Performance
Reporting Cont.

Subrecipient will be required to ensure up-to-date project information is entered. The Project Ledger in the FMFW may assist with the BSIR data entry process. For additional assistance with the GRT, contact the appropriate Grants Analyst.

Quarterly Performance Reports – Subrecipients must prepare and submit Performance Reports to the State for the
duration of the subaward period of performance, or until all grant activities are completed and the subaward is formally closed by Cal OES. The quarterly reports must include the progress made on identified activities, as well as other required information. Failure to submit a quarterly
Performance Report could result in subaward reduction,
suspension, or termination.

In order to ensure that mandated performance metrics and other data required under the subaward is reported
accurately, all EMPG Performance Reports must be
submitted electronically, via email, to their Cal OES Grants Analyst for review and vetting. Electronic documents
submitted for Cal OES review and vetting should be
submitted as soon as possible, but no later than, seven calendar days before the identified due date(s) associated with the Performance Report. Submission of the electronic copy is only to occur after their Cal OES Grants Analyst’s review has concluded and the Subrecipient is directed by their Cal OES Grants Analyst to submit the signed electronic copy.

Extension
Requests
Extensions to the initial period of performance identified in the subaward will only be considered through formal, written requests to the Subrecipient’s Grants Analyst. Upon receipt of the extension request, Cal OES will:

1. Verify compliance with performance reporting
requirements by confirming the Subrecipient has
submitted all necessary performance reports;

2. Confirm the Subrecipient has provided sufficient
justification for the request; and

3. If applicable, confirm the Subrecipient has demonstrated sufficient progress in past situations where an extension was authorized by Cal OES.
27 City Council 18 – 165 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Extension
Requests Cont.

Extension requests will be granted only due to compelling legal, policy, or operational challenges, must be project specific, and will only be considered for the following reasons:

1. Contractual commitments with vendors that prevent
completion of the project within the period of
performance;

2. The project must undergo a complex environmental
review which cannot be completed within this timeframe;

3. Projects are long-term by design and therefore;
acceleration would compromise core programmatic
goals; and

4. Where other special circumstances exist.

To be considered, extension requests must be received no later than 60 days prior to the end of the Subrecipient’s period of performance and must contain specific and
compelling justifications as to why an extension is required.

All extension requests must address the following:

1. Grant program, fiscal year, and award number;

2. Reason for delay;

3. Current status of the activity/activities;

4. Approved period of performance termination date and
new project completion date;

5. Amount of funds drawn down to date;

6. Remaining available funds, both federal and non-federal;

7. Budget outlining how remaining federal and non-federal funds will be expended;

8. Plan for completion, including milestones and timeframes for each milestone and the position/person responsible
for implementing the plan for completion; and

9. Certification that the activity/activities will be completed within the extended period of performance without any
modification to the original Statement of Work.

General questions regarding extension requirements and the Extension Request form should be directed to your Grants Analyst. Subrecipients are expected to complete all grantfunded personnel activity by the end of the subaward period of performance. Indirect Cost project may not be extended.
28 City Council 18 – 166 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Progress Reports
on Grant
Extensions
All Subrecipients that receive Cal OES approval to extend their FY 2024 grant subaward period of performance will be required to submit progress reports indicating completed and future project milestones on all extended projects.

Progress reports must be submitted electronically to their Grants Analyst. Deadlines for the submission of progress reports will be established at the time of extension approval.

Monitoring Cal OES Grants Monitoring actively monitors Subrecipients, through day-to-day communications, programmatic site
visits, and desk and on-site compliance assessments. The purpose of the compliance assessment is to ensure
Subrecipients are in compliance with applicable state and federal regulations, grant guidelines, and programmatic requirements. Monitoring activities may include, but are not limited to:
• Verifying that entries recorded on the FMFW categories are properly supported with source documentation;
• Eligibility of and support for expenditures, typically covering two to three years of data;
• Comparing actual Subrecipient activities to those
approved in the grant application and subsequent
modifications, including the review of timesheets and
invoices as applicable;
• Procurements and contracts;
• Ensuring equipment lists are properly maintained and
physical inventories are conducted;
• Ensuring advances have been disbursed in accordance
with applicable guidelines; and
• Confirming compliance with:
o Standard Assurances, and
o Information provided on performance reports and
payment requests
NOTE: It is the responsibility of all Subrecipients that pass down grant funds to other entities, to maintain and utilize a formal process to monitor the grant activities of their subawards. This requirement includes, but is not limited to, on-site verification of grant activities, as required. It is common for Subrecipients to receive findings in a
programmatic site visit or compliance assessment, which 29 City Council 18 – 167 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Monitoring Cont. require a Corrective Action Plan (CAP) to be submitted by Subrecipients. Those Subrecipients who fail to submit a CAP, as required, shall have a “hold” placed on any future
reimbursements until the “finding”or an “advisory” is
resolved.

Failure to Submit
Required Reports
Periodic reporting is required by the grant. Subrecipients who miss a single reporting due date may receive a letter
addressed to their Board of Supervisors informing them of the failure to report. County OAs and tribes who fail to report twice in a row may have subsequent awards reduced by
ten percent until timely reporting is reestablished.

Suspension/
Termination
Cal OES may suspend or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory
progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or Special Conditions.
• Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or other document. • Failure to adequately manage, monitor, or direct the
grant funding activities of their Subrecipients.

Before taking action, Cal OES will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to informally resolve the problem.

Closeout Cal OES will close-out Subrecipient awards when it determines all applicable administrative actions and all required work of the federal award have been completed. 30 City Council 18 – 168 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Closeout Cont. Subawards will be closed after:
• Receiving any applicable Subrecipient Performance
Report indicating all approved work has been
completed, and all funds have been distributed;
• All funds have been requested and reimbursed, or
disencumbered;
• Completing a review to confirm the accuracy of
reported information;
• Reconciling actual costs to subawards, modifications and payments; and
• Verifying the Subrecipient has submitted a final BSIR showing all grant funds have been expended.

Records
Retention
The records retention period is three years from the date of the Cal OES Grant Closeout letter, or until any pending litigation, claim, or audit started before the expiration of the three-year retention period has been resolved and final action is taken. The Cal OES Grant Closeout Letter will notify the Subrecipient of the start of the records retention period for all programmatic and financial grant-related records.

Documents related to equipment purchased must be
retained for three years after it has been disposed, per 2 CFR 200.313.

For indirect cost rate proposals, cost allocation plans, or other rate computation records, the start of the record retention period is dependent on whether the proposal,
plan, or other computation is required to be submitted to the federal government (or to the pass-through entity) for
negotiation purposes. See 2 C.F.R. § 200.334(f).

In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g).

If the State Administrative Agency award remains open after the Subrecipient’s submission of the final BSIR, Cal OES will complete any additional BSIR reporting required under the award on behalf of the Subrecipient.

Closed grants may still be monitored and audited. Failure to maintain all grant records for the required retention period could result in a reduction of grant funds, and an invoice to return costs 31 City Council 18 – 169 6/17/2025
Section 6 ‒ Post Award Requirements | 2024
Records associated with the unsupported activities.

Retention Cont.

If documents are retained longer than the required retention period, FEMA, the DHS Office of Inspector General, Government Accountability Office, and pass-through entity have the right to access these records as well. See Title 2 C.F.R § 200.334 and 200.337.
32 City Council 18 – 170 6/17/2025
Attachment A ‒ FY 2024 EMPG Allocations | 2024
Operational Area Total Award Operational Area Total Award

ALAMEDA
ALPINE
AMADOR
BUTTE

CALAVERAS
COLUSA

CONTRA COSTA

DEL NORTE

EL DORADO
FRESNO
409,218 PLACER 196,272
128,300
548,711
398,146
136,406
504,038
692,978
269,472
261,559
173,350
253,134
201,528
452,624
170,520
156,169
125,555
132,565
202,082
208,062
219,833
142,188
136,165
127,768
207,522
134,483
268,421
163,369
139,361
188,021
125,205 PLUMAS
131,920 RIVERSIDE
160,713 SACRAMENTO
132,798 SAN BENITO
128,781 SAN BERNARDINO
324,355 SAN DIEGO
129,621 SAN FRANCISCO
157,831 SAN JOAQUIN
300,704 SAN LUIS OBISPO
129,975 SAN MATEO
148,285 SANTA BARBARA
156,176 SANTA CLARA
128,282 SANTA CRUZ
282,635 SHASTA
151,232 SIERRA
136,604 SISKIYOU
129,912 SOLANO
1,820,586 SONOMA
152,472 STANISLAUS
168,940 SUTTER
127,942 TEHAMA
140,488 TRINITY
174,565 TULARE
126,481 TUOLUMNE
127,286 VENTURA
199,757 YOLO
148,388 YUBA
142,496 TRIBAL NATIONS
669,946
GLENN

HUMBOLDT

IMPERIAL
INYO
KERN
KINGS
LAKE
LASSEN

LOS ANGELES
MADERA
MARIN

MARIPOSA

MENDOCINO
MERCED
MODOC
MONO

MONTEREY
NAPA
NEVADA
ORANGE
Total 14,202,196
City Council 18 – 171 6/17/2025
Attachment B ‒ FY 2024 EMPG Timeline | 2024
DHS Announcement of FY 2024 EMPG NOFO April 16, 2024
June 24, 2024
July 1, 2024
Cal OES Application due to DHS
Subrecipient period of performance begins
DHS/FEMA Award to California
Integrated Preparedness Plan (IPP) due
Notification of Subrecipient Award
Subrecipient Workshops
September 25, 2024
September 30, 2024
October 28, 2024
October 2024
FY 2024 California Supplement release January 2025
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2024 – 9/30/2024
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2024 – 12/31/2024
Subrecipient Final Applications due to Cal OES
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2023 – 3/31/2025
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2024 – 6/30/2025
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2024 – 9/30/2025
All FY 2024 EMPG EHP-related documents must
be received by Grants Analyst
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2024 – 12/31/2025
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2023 – 3/31/2026
Subrecipient period of performance ends
Submission of the FY 2024 EMPG Performance
Report for the period of 7/1/2023 – 6/30/2026
Final Request for Reimbursement due
October 14, 2024
January 14, 2025
February 10, 2025
April 14, 2025
July 14, 2025
October 14, 2025
December 31, 2025
January 14, 2026
April 14, 2026
June 30, 2026
July 14, 2026
Within 20 calendar days of
the subaward expiration date
Cal OES’s period of performance ends September 30, 2026 City Council 18 – 172 6/17/2025
Attachment C ‒ FY 2024 EMPG Program Checklist | 2024
Subrecipient: FIPS#:

Grants Analyst:

Financial Management Forms Workbook:

Grant Subaward Face Sheet
Authorized Agent and Contact Tab
Project Ledger Tab
Planning Tab
Organization Tab
Equipment Tab
Training Tab
Exercise Tab
Management and Administration Tab
Indirect Cost Tab
Consultant-Contractor Tab
Personnel Tab
Match Tab
Indirect Cost Rate Summary (If Applicable)
Authorized Agent Sheet
Required Documents:

Counter-signed Award Letter
EHP Screening Form (If Applicable)
FFATA Financial Disclosure
Governing Body Resolution
Subrecipient Grants Management Assessment form
2024 EMPG Standard Assurances
Program Standard Assurances Addendum
Indirect Cost Rate Agreement (If Applicable)
City Council 18 – 173 6/17/2025

ATTACHMENT D
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

City Council 18 – 174 6/17/2025
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

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(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);

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(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in
6 C.F.R. Part 19;
(l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

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6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);

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(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

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12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

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17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

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19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

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24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).

However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviationpolicy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

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29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the

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government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

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(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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Finance and Management Services
www.santa-ana.org/finance
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 17, 2025
TOPIC: Adopt a Resolution Establishing the Appropriations Limit for 2025-26

AGENDA TITLE
Resolution Establishing the Appropriations Limit of the City of Santa Ana For FY 2025-26

RECOMMENDED ACTION
Adopt a resolution establishing the appropriations limit of the City of Santa Ana for Fiscal Year 2025-26, as required by state law.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2025-2026
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The State of California Constitution imposes a limit (“the Gann Limit”) on tax proceeds to be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with the California constitution for the fiscal year ending June 30, 2026.

Furthermore, Section 13-90 of the Santa Ana Municipal Code requires the creation of a Reserve Fund for Excess Proceeds of Taxes (Reserve Fund), as a separate accounting of taxes received in a fiscal year prior to the period of expenditure. The City appropriates the expenditure of tax revenue in the same fiscal year of receipt, and therefore creation of the Reserve Fund is not necessary for the fiscal year 2025-26. In fiscal year 2023-24, the Proceeds of Taxes were $322,141,522 and the actual General Fund expenditures were $394,675,261.

Using the formula provided by the state, staff calculated the spending limitation from “Proceeds of Taxes” as $1,522,518,198 (Exhibit 1) for fiscal year 2025-26, which is the FY24-25 limit increased by 6.66%. The funds constrained by the appropriations limit include the General Fund, the Capital Outlay Fund, and Special Revenue Funds.

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Adopt a Resolution Establishing the Appropriations Limit for 2025-26 June 17, 2025

Exhibit 1 identifies the factors used to determine the allowable inflationary increase from the prior year. Exhibit 2 categorizes FY 2025-26 anticipated revenues from “Proceeds of Taxes” and “Non-Proceeds of Taxes”. Exhibit 3 computes the FY 2025-26 appropriations subject to this limitation, and identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit 3, the City’s anticipated fiscal year 2025-26 appropriations subject to limitation is $321,251,348, which is $1,201,266,850 less than the allowable Gann Limit.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

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

EXHIBIT(S)

1. Computation of Appropriation Limit

2. Schedule to Categorize Anticipated Revenues

3. Appropriation Subject to Limitation

4. Resolution
Submitted By: Alex Trinidad, Acting Executive Director, Finance and Management Services Agency
Approved By: Alvaro Nuñez, City Manager
City Council 19 – 2 6/17/2025
Fiscal Year 2024-25 Appropriations Limit $ 1,427,985,554 California Per Capita Personal Income: 6.440% *
Converted into a Factor 1.0644
Population Growth: 0.17% *
Converted into a Factor: 1.0017
Calculation of factor for fiscal year 2024-25 (1.0362 x 1.00310): 1.0662 Fiscal Year 2025-26 Appropriations Limit $ 1,522,518,198 * Source: State of California, Department of Finance, Price and Population Information - FY 2025-26 EXHIBIT 1

COMPUTATION OF APPROPRIATION LIMIT
FOR FISCAL YEAR ENDING JUNE 30, 2026
EXHIBIT 1
City Council 19 – 3 6/17/2025

REVENUE

PROCEEDS OF
TAXES

NON-PROCEEDS OF

TAXES TOTALS
TAXES:

Property Tax $ 110,300,910 $ - $ 110,300,910
Sales Tax 146,662,070 - 146,662,070
Hotel Visitors' Tax 9,500,000 - 9,500,000
Business Tax 17,500,000 - 17,500,000
Documentary Stamp Tax 1,200,000 - 1,200,000
Utility Users' Tax 29,250,000 - 29,250,000
Medical Marijuana/Cannabis Tax 12,651,460 - 12,651,460
Total Taxes 327,064,440 - 327,064,440
FROM STATE:

State Motor Vehicle License 400,000 - 400,000
Homeowner Prop Tax Subvention 180,000 - 180,000
State Gas Tax - 16,930,360 16,930,360
SB90 Reimbursements - 150,000 150,000
State Grants - 3,646,580 3,646,580
Standards Training for Corrections Reimbursement - 55,760 55,760 Total State 580,000 20,782,700 21,362,700
OTHER GOVERNMENT:

Community Development (CDBG) - 4,776,100 4,776,100
Urban Area Security Initiative Grant - 537,910 537,910
Social Services Agency Grant - - -
Housing (Section 8) - 71,279,220 71,279,220
Workforce Investment Act - 2,298,100 2,298,100
Measure M, Street Grants - 14,628,320 14,628,320
Civic Center and Park - 3,776,860 3,776,860
Program Income - 1,082,670 1,082,670
Other Federal Grants - 5,226,380 5,226,380
Total Other Government - 103,605,560 103,605,560
EXHIBIT 2

SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES
FOR FISCAL YEAR ENDING JUNE 30, 2026
EXHIBIT 2
City Council 19 – 4 6/17/2025
Exhibit 2
Continued

PROCEEDS NON-PROCEEDS

REVENUE OF TAXES OF TAXES TOTALS
LOCALLY RAISED:

Licenses and Permits - 6,147,280 6,147,280
Franchise Fees - 13,600,000 13,600,000
Fines and Forfeitures - 5,599,300 5,599,300
Charges for Services - 32,098,540 32,098,540
From Use of Property - 12,527,640 12,527,640
Others - 210,000 210,000
Others - Inter-Agency - 1,678,600 1,678,600
Total Locally Raised - 71,861,360 71,861,360
OTHER MISCELLANEOUS:

Donation - 219,050 219,050
Expense Reimbursements - 2,041,900 2,041,900
Indirect Cost Recovery - 11,375,920 11,375,920
Interfund Transfers - 22,405,380 22,405,380
Opioid Settlements - 1,403,450 1,403,450
Total Other Miscellaneous - 37,445,700 37,445,700
FROM USE OF MONEY:

Earnings on Investment 2,010,320 1,524,620 3,534,940
TOTAL REVENUES $ 329,654,760 $ 235,219,940 $ 564,874,700 City Council 19 – 5 6/17/2025
Proceeds of taxes $ 329,654,760
Less: Exclusions (8,403,412)
Appropriation subject to limitation $ 321,251,348
Current year limit 1,522,518,198
Over(under) limit $ (1,201,266,850)
EXHIBIT 3

APPROPRIATION SUBJECT TO LIMITATION
FOR FISCAL YEAR ENDING JUNE 30, 2026
EXHIBIT 3
City Council 19 – 6 6/17/2025
Resolution No. 2025-XXX

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT

OF THE CITY OF SANTA ANA FOR FISCAL YEAR
2025-2026

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in 1979, imposes upon State and local government the obligation to limit each fiscal year’s appropriations to those established in fiscal year 1978-79 as adjusted for by inflation and population, together with other specified changes required or permitted.

B. In June of 1990, the voters of the State of California approved Proposition 111, which amended Article XIIIB to establish the limit originally calculated for fiscal year 1986-87 as a new adjustment base, and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction.

C. Proposition 111 further modified Article XIIIB requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit, and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year.

D. The City of Santa Ana has opted to use as the inflation adjustment factor the percentage change in the California per capita personal income from the preceding year.

E. The City of Santa Ana has opted to use as the population adjustment factor the County’s percentage change in population from the preceding year.

F. Section 7910 of the Government Code of the State of California requires the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California EXHIBIT 4
City Council 19 – 7 6/17/2025
Resolution No. 2025-XXX

Constitution at a regularly scheduled meeting or noticed special meeting.

Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public.

G. This matter came before the City Council at its regularly scheduled meeting of June 17, 2025.

H. The Executive Director of the Finance and Management Services Agency of the City of Santa Ana has determined the City’s appropriation limit for fiscal year 2025-2026 in accordance with said provisions of the Constitution and laws of the State of California, and the documentation used in the determination has been available to the public since not later than June 2, 2025, in the office of the Executive Director of the Finance and Management Services Agency.

Section 2. Based upon the above referenced facts, and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2025-2026 is hereby found and determined to be $1,522,518,198.

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this _____ day of ______________, 2025.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
Andrea Garcia-Miller
Assistant City Attorney
City Council 19 – 8 6/17/2025
Resolution No. 2025-XXX

AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025-______ to be the original resolution adopted by the City Council of the City of Santa Ana on June 17, 2025.

Date: ____________ ___________________________
City Clerk
City of Santa Ana
City Council 19 – 9 6/17/2025
Planning and Building Agency
www.santa-ana.org/pb
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 17, 2025
TOPIC: Second Reading of Amendments to the Transit Zoning Code (SD-84) Zoning District and Citywide Zoning Map

AGENDA TITLE
Approve a Second Reading of Zoning Ordinance Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03 Amending Certain Sections of Article XIX (The Transit Zoning Code, Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Addressing Industrial Land Uses, Nonconformities, and Operating Standards, and Amending the City of Santa Ana Zoning Map to Remove the Light Industrial (M1) and Heavy Industrial (M2) Suffixes from Certain Properties Within the SD-84 District Boundary
First reading June 3, 2025 City Council Meeting, approved by a vote of (6-0-1) (Councilmember Phan recusal).

RECOMMENDED ACTIONS

1. Conduct a second reading and adopt an ordinance to approve Zoning Ordinance Amendment (ZOA) No. 2024-02 amending certain sections of Article XIX (The Transit Zoning Code, Specific Development No. 84 (SD-84)) of Chapter 41 (Zoning) of the Santa Ana Municipal Code including amendments to the regulations, overlay districts and maps in the zoning district; modifying the authorized land uses and permit types; establishing revised non-conforming use regulations, including the addition of an amortization/termination of use process and adding operational standards for certain permitted and non-conforming uses.

ORDINANCE NO. NS-3081 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ZONING ORDINANCE AMENDMENT NO. 2024-02, AMENDING CERTAIN SECTIONS OF CHAPTER 41 (ZONING) OF

ARTICLE XIX OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE

REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT; MODIFYING THE AUTHORIZED LAND USES AND PERMIT TYPES; ESTABLISHING REVISED

NONCONFORMING USE REGULATIONS, INCLUDING THE ADDITION OF AN

AMORTIZATION/TERMINATION OF USE PROCESS AND ADDING OPERATIONAL

STANDARDS FOR CERTAIN PERMITTED AND NONCONFORMING USES

2. Conduct a second reading and adopt an ordinance to approve Amendment Application (AA) No. 2024-03 amending the zoning by removing the M1 (Light City Council 20 – 1 6/17/2025
ZOA No. 2024-02 & AA No. 2024-03: Transit Zoning Code (SD-84) Amendments Second Reading
June 17, 2025

Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the SD-84 zoning district boundary as designated on the City of Santa Ana Zoning Map.

ORDINANCE NO. NS-3082 entitled 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 FROM CERTAIN PROPERTIES WITHIN THE SD-84 ZONING DISTRICT

BOUNDARY
GOVERNMENT §84308 CODE APPLIES: Yes

DISCUSSION
On June 3, 2025, the City Council held a duly noticed public hearing to consider a Resolution to make findings and adopt an Addendum to the Transit Zoning Code (TZC)/SD-84 Final EIR and Ordinances for ZOA No. 2024-02 and AA No. 2024-03. Upon hearing all testimony, the City Council closed the public hearing, held discussion, and unanimously voted 6:0:0:1 (Councilmember Phan abstaining) to approve the Resolution to make findings and adopt an Addendum to TZC SD-84 Final EIR, and the first readings of ZOA No. 2024-02 and AA No. 2024-03 with minor revisions to Sections 4 (Organization), 5 (Nonconforming Buildings, Structures, and Uses), 9 (Uses Permitted), and 10 (Operational Standards) of ZOA No. 2024-02 (Exhibit 1). The City Council’s approval of ordinances for ZOA No. 2024-02 and AA No. 2024-03 require a second reading. A copy of the ordinances for second reading are attached to this report as Exhibit 2 and Exhibit 3.

ENVIRONMENTAL IMPACT
The California Environmental Quality Act (CEQA) requires public agencies and local governments to measure the environmental impacts of development projects or other major land use decisions, and to limit or avoid those impacts if possible. CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR:
a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.

City Council 20 – 2 6/17/2025
ZOA No. 2024-02 & AA No. 2024-03: Transit Zoning Code (SD-84) Amendments Second Reading
June 17, 2025

e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

Additionally, CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the following with respect to a Subsequent EIRs:
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C)Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D)Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.

ZOA No. 2024-02 and AA No. 2024-03 are considered a project as defined by the CEQA.

The City, as the Lead Agency, has determined that it is subject to CEQA guidelines and City Council 20 – 3 6/17/2025
ZOA No. 2024-02 & AA No. 2024-03: Transit Zoning Code (SD-84) Amendments Second Reading
June 17, 2025

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. Based on its independent review and analysis, and the administrative record as a whole, and, in exercising its independent judgement, hereby finds that pursuant to CEQA Guidelines Section 15162, no subsequent EIR would be required for the proposed project; and pursuant to CEQA Guidelines Section 15164, an addendum to the Transit Zoning Code EIR is required for the adoption of the Ordinances.

Specifically, pursuant to CEQA Guidelines Section 15162, the City finds on the basis of substantial evidence in light of the whole record, that: (1) no substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: (A) the project will have one or more significant effects not discussed in the EIR; (B) significant effect previously examined will be substantially more severe than shown in the EIR; (C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternative which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Additionally, the proposed Ordinances are consistent with numerous General Plan goals and policies that were evaluated as part of the General Plan Update Program EIR. The proposed Ordinances also satisfy and further implementation actions of the General Plan Update.

On June 9, 2025, a Notice of Determination was filed for the project.

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

EXHIBITS

1. Ordinance for ZOA No. 2024-02 (with June 3, 2025 City Council Revisions)

2. Ordinance for ZOA No. 2024-02 (clean, final copy)

3. Ordinance for AA No. 2024-03
City Council 20 – 4 6/17/2025
ZOA No. 2024-02 & AA No. 2024-03: Transit Zoning Code (SD-84) Amendments Second Reading
June 17, 2025

Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council 20 – 5 6/17/2025
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING ZONING ORDINANCE
AMENDMENT NO. 2024-02, AMENDING CERTAIN
SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX

OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE

REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE

TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD)
NO. 84 ZONING DISTRICT; MODIFYING THE
AUTHORIZED LAND USES AND PERMIT TYPES;

ESTABLISHING REVISED NONCONFORMING USE

REGULATIONS, INCLUDING THE ADDITION OF AN

AMORTIZATION/TERMINATION OF USE PROCESS AND

ADDING OPERATIONAL STANDARDS FOR CERTAIN

PERMITTED AND NONCONFORMING USES
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council has, by separate action taken on June 3, 2025, adopted an Addendum to the Transit Zoning Code 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 Addendum 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. Thus, 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 adopts the findings contained in the attached Exhibit “A” to this Ordinance as if fully set forth herein.

Section 3. Section 41-2001 (Application of Article) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2001. Application of Article
(a) The Transit Zoning Code, as authorized by Chapter 41, Article III, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code (SAMC), is subject to the standards and regulations contained in this Article for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this Article. All terms contained herein shall be defined by the SAMC, unless specifically defined in this Article.

City Council 20 – 6 6/17/2025
Ordinance No. NS-XXX

(b) Proposed development, including the construction, reconstruction or structural alteration of a structure, subdivisions, and new and existing land uses, whether conforming or nonconforming, as defined in Section 41-126 of the SAMC, within the specific development area shall comply with all the applicable regulations established by this Article.
(c) The regulations contained in this Article shall also apply to:

1. A change in land use within an existing building; and

2. A change in tenancy within an existing building requiring issuance of a new Certificate of Occupancy.”
Section 4. Section 41-2001.5 (Organization) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2001.5 Organization
(a) Regulating Plan and Zones Established: Sections 41-2006 through 2008 2009 of this Article defines the zones within the Specific Development (SD) boundaries of SD-84, the parcels included within each zone, and describes, zone by zone, the standards for building placement, design, and use consistent with the permitted uses identified in Table 2A.
(b) Use Standards: Table 2A identifies the land use types allowed by the City in each of the zones established by the Regulating Plan. A parcel within SD-84 boundaries shall be occupied only by land uses identified as allowed within the applicable zone and the type of City approval required by Table 2A.
(c) Urban Standards by Zone: Sections 41-2010 through 2015 of this Article regulates the features of buildings that affect the public realm. The urban standards regulate building and parking placement, height, and profile, and vary according to the parcel's zone applied by the Regulating Plan. Standards for items not explicitly described in this section, including but not limited to, walls and fences, mechanical equipment, trash bin enclosures, heliport and helipad, underground utility, installation of dish antennas, loading areas, parking lot design standards, refer to other Sections of Chapter 41 of the SAMC and the Citywide Design Guidelines. (d) Architectural Standards: Sections 41-2020 through 2039 regulates the manner in which individual parcels and blocks are developed to create diverse and pedestrian-oriented development, through the use of three main components:
(1) Sections 41-2020 through 2032 building types (e.g., duplex, rowhouse, courtyard housing)
(2) Sections 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop, arcade, shopfront)
City Council 20 – 7 6/17/2025
Ordinance No. NS-XXX

(3) Section 41-2040 (Table 4.3A) architectural styles (e.g., Main Street Commercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, California Contemporary).
(e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries to be consistent with the character described for each zone. (f) Subdivision Guidelines: Establishes guidelines for the creation and maintenance of a finely grained and walkable network of blocks punctuated by integral and varied open spaces.
(g) Street Network Concepts: identifies conceptual location and guidelines for the street network. This section provides guidelines for the rights-of-way alignment, and width in plan and section with the corresponding details. (h) Definitions: Sections 41-2080 identifies and defines the terms used in this Code.” Section 5. Section 41-2002 (Nonconforming Buildings, Structures and Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2002. Nonconforming Buildings, Structures and Uses (a) A nonconforming building, structure or use shall comply with Article VI of this Chapter, except as provided below:
(1) A building or structure that does not conform to the architectural style or story height requirements of this Article shall not cause the structure to be nonconforming. (2) A nonconforming building, structure or use shall not be required to conform to current zoning regulations based solely upon a change in ownership of the property, except as otherwise provided in this Article. (3) A sale, lease or other transfer of a property containing a nonconforming building, structure or use does not trigger the loss of nonconforming status, except as otherwise provided in this Article.
(4) Sections 41-681.1 through 41-681.4 and 41-683.6 of Article VI of this Chapter shall not apply to buildings, structures and uses addressed within this Article or building, structures, and uses within SD-84, nor to existing accessory dwelling units (ADUs) permitted by the City of Santa Ana before the amendment to this Article.

City Council 20 – 8 6/17/2025
Ordinance No. NS-XXX

(5)Rehabilitation, enlargement or structural alterations of any nonconforming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be made as follows:
a. Rehabilitation, limited to structural or non-structural alterations without any building expansion and without any intensification of a nonconforming use, is permitted if:

1. The operational standards contained in Ssections 41-2008 and 41-2009, as applicable, of this Article are met.

2. All signage on the structure and the site on which it is located is brought into conformity with the signage requirements of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee.

3. All outdoor storage is screened by a solid screen wall not to exceed eight (8) feet in height. Outdoor storage shall not exceed the height of the screen wall.

4. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street parking and open space requirements of this Chapter.

5. Architectural massing, features and detailing shall be modified to bring the structure into closer compliance with the architectural standards of this Article, as approved by the Executive Director of the Planning and Building Agency, or designee.
b. Rehabilitation may include expansion of floor area without intensification of the nonconforming use when the total floor area does not exceed ten (10) percent of the floor area as it legally existed as permitted and constructed as of April 15, 2025, provided that the following standards are met:

1. The existing use is not a nonconforming industrial use. Nonconforming industrial uses may not be expanded.

2. The operational standards contained in Section 41-2008 are met.

3. All signage on the structure and the site on which it is located shall be brought into conformity with the requirements of this Chapter as approved by the Executive Director of the Planning and Building Agency, or designee.

4. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am.

City Council 20 – 9 6/17/2025
Ordinance No. NS-XXX

5. All outdoor storage is screened by a solid screen wall not to exceed eight (8) feet in height. Outdoor storage shall not exceed the height of the screen wall.

6. There shall be no enlargement which would intrude into any required setback area required by this Article.

7. There shall be no enlargement which would result in a new nonconforming condition in violation of the requirements of this Chapter.

8. Off-street parking shall be provided in conformance with the requirements of this Chapter.

9. Landscaping shall be improved to bring the site on which the structure is located into closer compliance with the landscaping requirements of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee.

10.Architectural massing, features and detailing, shall be modified to bring the structure into closer compliance with the architectural standards of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee.
(6)Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject to the following:
a. Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of that five-year period, provided the number of dwelling units is not increased; and no new non-conformances with the requirements of this Chapter are created.
b. Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met:

1. Off-street parking shall be provided in conformance with the requirements of this Chapter.

2. No new nonconformities with the requirements of this Chapter are created.

3. A minimum of eight hundred (800) square feet of usable, continuous, non-front yard open-space, excluding driveways and parking areas is City Council 20 – 10 6/17/2025
Ordinance No. NS-XXX

provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. c. Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback and is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter.
d. An existing two-car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered conforming. e. Remodeling shall mean to reconstruct, or to make over in structure or style, but shall exclude re-roof, window replacement, exterior finish replacement and repair or similar modifications, as determined by the Executive Director of the Planning and Building Agency, or designee.
f. No provision contained in this Article shall be interpreted or implemented in a manner inconsistent with State law addressing accessory dwelling units, as contained in Government Code Section 66310, et. seq. as amended from time to time.
(7) Discontinuance of Nonconforming Uses, Generally. Nonconforming uses shall be discontinued pursuant to Sec. 41-683 (Discontinuance of nonconforming building or use) of this Chapter, regardless of intent, except as provided below:
a. Discontinuance of Noxious Use.

1. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this Article.

2. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article is determined to be in violation of any applicable Federal, State, or local regulation, as provided below, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this Chapter:

A. The violation lasts a period of thirty (30) consecutive days; or B. The violation(s) are observed and documented for a total period of sixty (60) days in a one-year period; or
C. Three noncompliant notices from a Federal, State, or local regulatory agency relating to or arising from the nonconforming use are sent in a one-year period.

City Council 20 – 11 6/17/2025
Ordinance No. NS-XXX

3. For the purpose of this subsection (7) a. 2.:

A. The thirty (30) consecutive day time period shall be measured from the date of the first observed and documented violation.

B. A one-year period shall be the twelve (12) consecutive months of time preceding the sixtieth (60th) day of total violations; or the twelve (12) consecutive months of time preceding the issuance of the third (3rd) noncompliant notice.

C. Local regulations mean the SAMC, including, but not limited to, the operational standards contained in Section 41-2008 (m) 41-2009 of this Article.

D. A local regulatory agency includes the City, County of Orange, special districts, or any other local government agency charged with regulating noxious uses.

E. Noncompliant notices may include, but are not limited to, Notice to Comply and Notice of Violation as issued by the South Coast Air Quality Management District (SCAQMD), Department of Toxic Substances Control (DTSC), California Environmental Protection Agency (CalEPA), Certified Unified Program Agency (CUPA), and Santa Ana Regional Water Quality Control Board (SARWQB). (8) Elimination of Nonconforming Noxious Uses and Structures. a. Elimination of Nonconforming Noxious Uses and Structures, Generally.

1. The City Council has determined that elimination of nonconforming noxious uses and structures by amortization may be considered based upon one or more of the following factors:

A. The threat to the public health, safety, and welfare posed by the continuance of the nonconforming noxious use or structure; B. Adaptability of the land and improvements to a currently permitted use;
C. Compatibility with the existing land use patterns and densities of the surrounding neighborhood;
D. Excessive calls for service to applicable response agencies related to the operation of the nonconforming noxious use; and
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E. Failures to remedy notices of violation, administrative warnings, or other notices of noncompliance issued by a Federal, State, or local agency, including the City.

2. The Executive Director of the Planning and Building Agency, or designee, in conjunction with other City Departments and Agencies, may establish, and periodically update, a list or data resource that identifies categories of nonconforming noxious uses or structures with specific metrics and operational characteristics, to develop a ranking system for use in the consideration of eliminating nonconforming noxious uses or structures through amortization.

3. The determination of an appropriate amortization period for termination of a nonconforming noxious use pursuant to this Article shall be made by a Hearing Officer retained by the City and who has professional legal and land use experience to address amortization. The Hearing Officer shall order nonconforming noxious uses and structures to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection b (Establishment of Amortization Periods), and consider the following:

A. If the nonconforming noxious user has not made a substantial investment in furtherance of the use or structure, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require a nonconforming noxious use or structure to be discontinued and removed from their site within a minimum of one year after the date of the order.

B. If the nonconforming noxious user has made a substantial investment in furtherance of the use or structure, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the discontinuation and removal of the nonconforming noxious use or structure within a longer reasonable amount of time.

C. Nonconforming Noxious uses or structures that are determined to be an imminent threat to the public health or safety may be subject to immediate cessation and removal, pursuant to Chapter 1 (General Provisions) of the SAMC.

4. Nonconforming Noxious uses and structures may also, upon order from the City or a court order, be subject to immediate cessation and removal of the nonconforming use or structure.
b. Establishment of Amortization Periods. Where a period during which a nonconforming noxious use or structure is to be discontinued and removed from a site or sites is required pursuant to this Article, such period shall be established as follows:

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1. The Executive Director of the Planning and Building Agency, or designee, shall submit the nonconforming noxious use or structure and a recommended amortization period, based on subsection 4. herein, to a Hearing Officer pursuant to Chapter 3 of the SAMC for review;

2. The Hearing Officer shall hold a noticed hearing to consider the recommended amortization period. Notice of the hearing shall be provided to the owner or operator of the nonconforming noxious use or structure and the property owner at least ten (10) days prior to the hearing. Additional notice may also be provided to surrounding property owners and/or tenants, at the discretion of the Executive Director of the Planning and Building Agency, or designee.

3. The Hearing Officer shall consider the recommendations submitted by the Executive Director of the Planning and Building Agency, the General Plan of the City, and any testimony or evidence provided during the hearing, in order to determine the amortization schedule for elimination of the nonconforming noxious use or structure.

4. The Hearing Officer shall establish a maximum amortization period during which the nonconforming noxious use or structure shall be permitted to continue after considering the following in relation to the use or structure:

A. The amount of investment or original cost of the use or structure; B. The present actual or depreciated value of the use or structure; C. The remaining useful life of the use or structure;
D. The remaining term of the lease (if applicable);
E. The date or dates of construction;
F. Amortization of the business or structure for tax purposes; G. The salvage value;
H. Adaptability of the land and improvements to a currently permitted use;
I. Cost of moving and reestablishing the use elsewhere; J. Compatibility with the existing land use patterns and densities of the surrounding neighborhood;
K. The threat to the public health, safety, and welfare posed by the continuance of the nonconforming noxious use or structure; City Council 20 – 14 6/17/2025
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L. Calls for service to applicable response agencies;
M. Notices of violation, administrative warnings, or other notices of noncompliance arising from or related to the nonconforming noxious use issued by a Federal, State, or local agency, including the City; and
N. Other factors as appropriate.
c. Hearing Officer Determination and Compliance. The determination of the Hearing Officer shall be made in writing and shall be final.

1. Notice of Amortization and Termination of Use. The Executive Director of the Planning and Building Agency, or designee, shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Article, in those instances where an amortization period has been determined pursuant to this Article. Such notice shall be sent within ten (10) days of the determination of the Hearing Officer. If the amortization period ends before or less than six (6) months after providing such notice, the notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof and the approved amortization term. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article. The Executive Director of the Planning and Building Agency, or designee, shall be authorized record a Notice of Amortization Term & Termination of Use with the County Recorder, as provided for in California Government Code Section 27201(a).

2. Notice of Termination and Order to Comply and Conclusion of Amortization Period. Notice of Termination of a nonconforming noxious use and order to comply shall be served by the Executive Director of the Planning and Building Agency, or designee, at the end of the amortization period upon the owner of record whose property contains such nonconforming noxious use. In those instances, where the Executive Director of the Planning and Building Agency, or designee, is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming noxious use.

3. Request for a Continuance of Nonconformities a Noxious Use Beyond Period of Amortization Period. A request for a continuance of City Council 20 – 15 6/17/2025
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nonconformities a noxious use beyond the period of amortization may be granted as follows:

A. Grounds for Continuance. A nonconforming noxious use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Executive Director of the Planning and Building Agency, or designee, makes the following determinations:
i. Special Circumstances. That special circumstances apply to any such use or structure that do not apply generally to others affected hereby; and
ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with, and not detrimental to, the use of adjacent properties.

B. Application Process for Continuance. Any application for a continuance of a nonconforming noxious use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use.

Fees shall be required in accordance with this Code.

C. Determination by Executive Director of the Planning and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, or designee, shall investigate the matter, give proper notice to the applicant, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Executive Director of the Planning and Building Agency, or designee. The Executive Director of the Planning and Building Agency, or designee, may impose such conditions, including additional time extensions not to exceed two (2) additional years, as may be deemed necessary for the compatibility of such nonconformity a noxious use with adjacent properties.

D. Appeals. Appeals shall be filed in accordance with Chapter 3 of the Santa Ana Municipal Code.

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4. Failure to Comply with Hearing Officer’s Determination. Failure to comply with the Hearing Officer’s determination to discontinue a nonconforming noxious use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC.

5. Failure to Terminate Use at Conclusion of Amortization Period. The failure to terminate a nonconforming noxious use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law.
d. Additional Administrative Policies and Procedures. The Executive Director of the Planning and Building Agency, or designee, may enact and shall publish any additional administrative policies and procedures to effectuate the purposes of this Chapter, including, but not limited to, administrative policies and procedures to govern the selection of a neutral hearing officer and the conduct of hearings for the Establishment of Amortization Periods in order to implement the provisions of this Article.
(9) Abatement. The provisions of this Section are in addition to authority existing under State law to declare and abate a public nuisance pursuant to California law and other applicable provisions of the SAMC. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate and alternative action may be taken by the City pursuant to Chapter 1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this Chapter).
(10) Exception. The provisions of this section shall not apply to multifamily dwellings damaged or destroyed by fire in accordance with Government Code Section 65852.2.
(11) Voluntary Compliance Agreement. The Executive Director of the Planning and Building Agency, or designee, is hereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to establish terms for compliance with the provisions of this Article.” Section 6. Section 41-2004 (The Industrial Overlay (I-OZ) Zone) of Chapter 41 of the SAMC is hereby amended to read as follows:
“Sec. 41-2004 Reserved.”
Section 7. Section 41-2005 (Application for Discretionary Approvals) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:

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“Sec. 41-2005. Application for Discretionary Approvals
(a) Site Plan Review shall mean specific development plan and shall comply with Sections 41-593.4 through 41-593.6. Sections 41-593.4 through 41-593.6 shall only apply to structures over four (4) stories in height. (b) Conditional use permits, variances and minor exceptions. Conditional use permits, variances and minor exceptions shall be subject to Article V of this Chapter, except for the permit thresholds for minor exceptions shall be as identified in Table 1B of this Article.
(c) Effect of amendments to this Article on applications in progress shall apply as follows:
(1) Discretionary Applications Submitted and Determined Complete. All discretionary permit applications that are active and that have been determined to be complete before the effective date of the Article or any amendment, shall be processed in compliance with the requirements in effect when the application was deemed complete, and pursuant to all requirements of Sections 41-2008 and 41-2009.
(2) Approved Projects Not Yet Under Construction. Any structure authorized by a discretionary permit or approval of a land use as allowed by this Article for which a Building Permit application has been submitted or a Building Permit has been issued may be constructed in compliance with the permit or approval, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension.
(3) Project Under Construction. A project for which a Building Permit has been issued may be continued and completed in compliance with the plans and specifications upon which the permit was issued.”
Section 8. Section 41-2006 (Zones Established) of Chapter 41 of the Santa Ana Municipal Code is hereby amended, including the replacement of Figure 2.1, to read as follows:
“Sec. 41-2006. Zones Established
(a) Purpose. This section establishes the zones applied to property within the plan area by the Regulating Plan. The Regulating Plan divides the plan area into separate zones that are based on a transect of intensity within the plan area that ranges from the most urban types of development and land use to the least urban types, with most zones providing for a significant mixture of land uses within them.

This approach differs from conventional zoning maps that typically divide cities into zones that rigidly segregate residential, commercial, industrial, and institutional uses into separate areas, and thereby require residents to drive for nearly all daily activities. The use of zones based on development intensity (instead of land use City Council 20 – 18 6/17/2025
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zones) as the spatial basis for regulating development, directly reflects the functions of, and interrelationships between, each part of the plan area. The zones also effectively implement the City’s urban design objectives for each part of the plan area, to establish and maintain attractive distinctions between each zone. This is why some parcels are zoned with more than one zone. In such cases, the zoning is divided along a clear boundary such as the middle of a block.

The zones of this Regulating Plan allocate architectural types, frontage types, and land uses within the plan area, as well as providing detailed standards for building placement, height and profile. Figure 2.1 identifies the eight (8) zones applied within the plan area as they relate to existing rights-of-way and parcels. (b) Zones established. The following zones are applicable to this specific plan, and applied to property within the boundary as shown on the Regulating Plan. (1) Transit Village (TV) Zone.

The Transit Village zone is intended to provide standards for compact transitsupportive mixed-use/residential development. This zone is characterized by a wide range of building intensity, including mixed-use tower-on-podium buildings, flex blocks, liners, stacked flats, and courtyard housing. The zone accommodates retail, restaurant, entertainment, and other pedestrian-oriented uses at street level, with offices and flats above in the mixed-use building types, at high intensities and densities. The landscape palette is urban, with shading and accent street trees in parkway strips along Santa Ana Boulevard, and in sidewalk tree wells where on-street parking is provided. Parking is accommodated on-street, in structures with liner buildings, and underground. (2) Government Center (GC) Zone.

This area accommodates a wide variety of civic uses, including Federal, State, and local government offices and services, libraries, museums, community centers, and other civic assembly facilities and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41.

Building types vary according to their public purpose, are programmed by the various government agencies for their specific sites, and therefore are not coded by this Article. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells, and in landscaped public plazas. (3) Downtown (DT) Zone.

This zone is applied to the historical shopping district of Santa Ana, a vital, pedestrian-oriented area that is defined by multi-story urban building types (flex blocks, live-work, stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light service, and residential uses. The standards of this zone are intended to reinforce the form and character represented by pre-World War II buildings and recognized as a National Historic District, through restoration, rehabilitation, and contextsensitive infill. The standards also facilitate the replacement or improvement of post-war development that eliminated the pedestrian orientation of various downtown blocks (for example, parking structures with no features of pedestrian interest along their entire lengths). The landscape style is urban, City Council 20 – 19 6/17/2025
Ordinance No. NS-XXX

emphasizing shading and accent street trees in sidewalk tree wells. Parking is accommodated on-street and may also be in structures with liner buildings, underground, and within block centers in surface lots not visible from streets. (4) Urban Center (UC) Zone.

This zone is applied to the area surrounding the Downtown, which serves as a transitional area to the surrounding lower intensity neighborhoods and to other areas where mixed-use and multi-unit residential buildings create a pedestrianoriented urban fabric. The zone provides for a variety of non-residential uses and a mix of housing types at medium intensities and densities. Besides accommodating community serving businesses, this zone may also serve the daily convenience shopping and service needs of nearby residents. Building types include mixed-use Flex Blocks, stacked flats, live-work, row- houses, and courtyard housing. The landscape is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on-street and may also be in structures with liner buildings and underground in areas adjacent to the DT zone, and in surface lots away from street frontages.
(5) Corridor (CDR) Zone.

This zone is applied to properties fronting existing commercial corridors and provides standards to improve pedestrian-orientation in a transit-supportive, mixed-use area. Mixed-use flex block and live-work building types are at or near the sidewalk, and accommodate street level retail, service, and office uses, with office and residential above. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on-street, and in screened surface lots between buildings, or away from streets, with no more than half the site frontage occupied by parking. (6) Urban Neighborhood 2 (UN-2) Zone.

This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live-work, neighborhoodserving retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and livework. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties (see Regulating Plan). The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow- depth landscaped front yards separating buildings from sidewalks. Parking is onstreet, and in garages located away from street frontages. (7) Urban Neighborhood 1 (UN-1) Zone.

This zone is applied to existing primarily residential areas and is intended to strengthen and stabilize the low intensity nature of these neighborhoods.

Appropriate building types include single dwellings, duplexes, triplexes, and quadplexes, and live-work. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips and landscaped front yards separating buildings from sidewalks. Parking is on-street, and in garages located away from street frontages.

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(8) Open Space (O) Zone.

This zone identifies areas reserved for community parks and other open spaces and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. Allowable structures in this zone are limited to those necessary to support the specific purposes of the particular open space area (e.g., sport-court enclosures and multi-purpose buildings in active parks, and trails within passive parks).”
Figure 2.1 Regulating Plan with Existing R.O.W.

Section 9. Section 41-2007 (Uses Permitted) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2007. Uses Permitted.
(a) Allowable Land Use Types. A parcel or building within the SD-84 area shall be occupied by only the land uses allowed by the table entitled Use Standards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan.
(b) No building shall be erected, constructed, reconstructed or structurally altered except in conformance with the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in City Council 20 – 21 6/17/2025
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this Article, not expressly permitted in any district enumerated in Table 2A, are prohibited.
(c) Garage sales are allowed in compliance with Section 41-193. (d) Temporary outdoor activities are allowed in compliance with Section 41-195.5. (e) Youth amusement rides are permitted in compliance with Section 41-366 for C1 districts.
(f) Drive-through facilities shall not be permitted.
(g) The conversion of existing structures containing residential land uses to nonresidential land uses is prohibited in the UN-1 and UN-2 zones.

Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

RESIDENTIAL
Live-Work Use / Joint living-working quarters P (2) P (2) P (2) P (2) CUP CUP Care Homes CUP CUP CUP CUP CUP CUP
Single Dwelling --- --- --- --- P P
Multi-Family Dwellings P (1) P (1) P (1) P (1) P P
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

RECREATION, EDUCATION AND ASSEMBLY
Community assembly P (1) P (1) P (1) P CUP CUP
Health/fitness facility P P P P CUP ---
Library, museum P P P P P CUP
Schools P (1) P (1) P (1) P CUP CUP
Studio P P P P CUP CUP
Trade School P (1) P (1) P (1) P (1) CUP ---
Theater, cinema or performing arts P P P P CUP ---
Commercial Recreation (Indoor) up to 5,000
square feet maximum floor area per tenant

P P P --- P ---
Commercial Recreation (Indoor) > 5,000
square feet floor area per tenant

CUP CUP CUP --- CUP ---
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Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
RETAIL
General retail, except with any of the following
features
P P P P P (2) ---
• Floor area over 20,000 per tenant CUP CUP P --- CUP --- Artisan/craft product – limited on-site
production

CUP CUP CUP --- CUP ---
Eating establishments P P P P P (2) ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

SERVICE GENERAL
Banquet facility/catering-sub. to 41.199.1(a)
through (d)

CUP CUP CUP CUP
(1)

CUP ---
Day care center P (3) P (3) P P CUP CUP
Adult day care center-subject to 41.199.2 of the
SAMC
P (3) P (3) P P P ---
Hotel, excludes transient residential hotel and
long-term stay

P P P P --- ---
Personal services P P P P P (2) P (2)
Personal services - restricted --- --- CUP CUP CUP ---
Pet day care facility CUP CUP CUP CUP CUP ---
Tattoo/Body Art Establishments - subject to

41.199.3 of the SAMC

P P P P --- ---
Craft and specialized automotive restoration
service
--- P P P CUP ---
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Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

BUSINESS-FINANCIAL-PROFESSIONAL-TECHNOLOGY
Bank, financial services P P P P --- ---
Business support service P P P P P (2) P (2)
Clinic, urgent care --- --- CUP P --- ---
Doctor, dentist, chiropractor, etc., office P (1) P (1) P (1) P --- --- Laboratory – medical – analytical --- P (1) P (1) P CUP --- Media production – office or storefront type (no
soundstage)
P P P (1) --- P ---
Professional / administrative/service office P (1) P (1) P (1) P P (2) P (2) Research and development P (3) --- P (3) --- CUP ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE
Helistops CUP CUP --- --- --- ---
Parking facility - public or commercial, inclusive
of ancillary recharging spaces for electric
vehicles

P P P P --- ---
Transit station or terminal CUP --- --- CUP --- ---
Public utility structure, excluding wireless
communication facilities
--- --- --- --- CUP ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

MISCELLANEOUS
Any structure over four (4) stories in height SPR SPR SPR SPR SPR --- City Council 20 – 24 6/17/2025
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Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
Businesses operating between 12 and 7 am CUP CUP CUP CUP CUP CUP Alcoholic beverage sales or consumption CUP CUP CUP CUP CUP --- Expansion of existing, legally established selfstorage facility--- --- --- --- CUP --- Drive-thru facility --- --- --- --- --- ---
Section 10. Section 41-2008 (Operational Standards) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2008. Operational Standards for Permitted Uses. Section 41-2008 outlines the general operational standards applicable to all permitted or conditionally permitted nonresidential uses listed in Table 2A-Use Standards of Section 41-2007 (Uses Permitted).
(a) All property shall be maintained in a safe, sanitary and attractive condition including, but not limited to, structures, landscaping, parking areas, walkways, and trash enclosures.
(b) All business activities shall be conducted and located within an enclosed building, except as allowed by Section 41-195 of the SAMC and except that the following business activities may be conducted outside of an enclosed building:
(1) Newsstands
(2) Flower Stands
(c) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product.

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(d) There shall be no work inside of a structure that generates noise that exceeds 60 dB CNEL measured at the exterior wall of the individual tenant unit of a structure. (e) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business.
(f) Public utility structures, including electric distribution and transmission substations shall be screened by a solid wall at least eight (8) feet high, except as restricted by Sections 36-45, 36-46, and 36-47.
(g) Any activity permitted shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, or vibration.
(h) Artisan/craft product - limited on site production and research and development land uses shall require a solid wall or fence not less than eight (8) feet in height along any rear or side lot line.
(i) 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. No ancillary vehicle maintenance or repair shall be allowed on site.
(j) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line. (k) No business activity that generates noise or vibration shall be conducted between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 10:00 a.m. Saturday and Sunday.
(l) Automobile servicing uses including nonconforming establishments, shall comply with the following operational standards:
(1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m.

Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Saturday and Sunday.
(2) All work shall be conducted inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not permitted.” Section 11. Section 41-2009 (Operational Standards for Nonconforming Industrial Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby added in its entirety to read as follows:

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“Sec. 41-2009 Operational Standards for Nonconforming Industrial Uses. (m) (a) In addition to the operational standards listed above in Sec. 41-2008, with the exception of subsection (c) of Sec. 41-2008, the following shall apply to nonconforming industrial uses:
(1) The purpose of these operational standards is to protect and improve the living and working environment, the appearance of the community, reduce or eliminate nuisance conditions, and minimize the impacts of industrial uses on adjacent properties.
(2) These standards are in addition to the operational standards established in Sec. 41-2008, except as noted above, and shall apply to all nonconforming industrial uses, including those existing industrial uses that become nonconforming at the effective date of any implementing ordinance. (3) Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.
(4) If any nonconforming use that operates in an unlawful manner, including but not limited to: frequent code violations, police calls, or loitering complaints relating to the nonconforming use; or is not in good standing with the City, including, but not limited to violations of Chapter 16 of the Santa Ana Municipal Code or public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code,; or lapses in Business License renewal, will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including initiating a hearing to consider business license revocation and/or terminating utility services or connections. For the purposes of this section, “frequent” is defined as more than one (1) violation, call, or complaint per month during any twelve (12) month period, and “constant service calls” is defined as more than one (1) service call per month relating to or arising from the nonconforming use during any twelve (12) month period. (5) (b) Enclosed Operations.
a. (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.
b. (2) No automobile service or repair of any kind shall be allowed outdoors on site.
(6) (c) Air Emissions and Dust
a. (1) No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere.

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b. (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.
(7) (d) Light, Glare, and Heat
a. (1) No direct or indirect glare or heat, whether from floodlights or from high-temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. b. (2) To ensure that industrial development does not create light and glare nuisances, the following performance standards shall be observed:

1. 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.

2. 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
determined by the Executive Director of the Planning
and Building Agency, or designee.
c. (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.
d. (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.
(8) (e) Ground Vibration
a. (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.

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b. (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. (9) (f) Materials or Waste Storage
a. (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.
b. (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.
(10) (g) Hazardous Materials
a. (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 equipment 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.
b. (2) No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed.
c. (3) No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or 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.
(11) (h) Liquid and Solid Waste
a. (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.

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b. (2) The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes, is prohibited. c. (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.
(12) (i) Site Maintenance. All 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). (13) (j) Truck Parking and Loading
a. (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.
b. (2) Trucks idling is prohibited.
c. (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.

Section 1112. Section 41-2080 (Definitions) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2080 - Definitions
(a) 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 definitions 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. (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.

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(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 - limited on-site production: 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 engines 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 funds. Excludes check cashers as defined by California Civil Code section 1789.31.

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(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. g. Lined Block: A building that conceals a public 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.

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h. Live/Work: An integrated residence and working space, occupied 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 frontage.

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: a 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. Medical offices with five or more licensed practitioners or medical specialties
b. Out-patient care facilities, urgent care facilities.

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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.),
d. Pool, billiards, escape room, mystery games
e. Skating sports (ice, roller, board)
This use does not include adult businesses. Four or more electronic games or coinoperated amusements in any establishment, or a premises where 50 percent or more of the floor area 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 including meeting rooms, snack bars, and equipment rental or sales are permitted within an indoor recreation facility, provided that the 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. Nonresidential 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 business 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, paint and bodywork, and interior, aiming to preserve their historical authenticity and aesthetic appeal.
(24) Doctor, dentist, chiropractor, etc. office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care City Council 20 – 34 6/17/2025
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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. (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'
(31) Forecourt: See ‘Frontage Types’
(32) 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.
(33) Frontage Type: The architectural 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. For Building Code considerations, this frontage type cannot cover the public right- of-way.

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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 windows 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. (34) Front yard/Porch: See 'Frontage Types'
(35) Gallery: see ‘Frontage Types’
(36) 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
c. Bicycles,
d. Books, magazines, and newspapers
e. Cameras and photographic supplies
f. Clothing, shoes, and accessories
g. Department stores
h. Drug stores and pharmacies
i. Dry goods
j. Fabrics and sewing supplies
k. Florists and houseplant stores with indoor sales only l. Furniture and home décor stores
m. Hardware and building supply stores
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n. Hobby materials
o. Jewelry
p. Luggage and leather goods
q. Musical instruments (small), parts and accessories, large instruments are under “Furniture, Furnishings, and Appliance Store”
r. Orthopedic supplies
s. Small wares
t. Specialty shops
u. Sporting goods and equipment
v. Stationery
w. Toys and games
x. Variety stores
y. 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.
(37) Ground Floor/ Footprint: The area resulting from 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." (38) Ground Floor Residential: Dwellings with their primary entrance and habitable space at grade.
(39) 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. (40) Hotel (land use): A facility offering lodging accommodations, as defined and regulated by the SAMC, to the general public and which may include City Council 20 – 37 6/17/2025
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additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. (41) House: See 'Building Types'
(42) House Scale: Multi-family building form that is derivative of and compatible with surrounding single-family houses and that can be applied in 1 to 4 directaccess assemblies of units to form larger buildings from duplex up to and including Courtyard Housing.
(43) Hybrid Court: See 'Building Types'
(44) 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
(45) Lined Block: See 'Building Types'
(46) Live/Work: See 'Building Types'
(47) Lot Width: The frontage of a parcel which is used to identify the parcel for street address purposes.
(48) 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.
(49) Mixed-Use Building: A structure lawfully containing residential and nonresidential uses. (50) Multi-Family Building: A residential structure lawfully containing two or more dwelling units.
(51) 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.
(52) 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.

The terms “nonconforming use” and “legal nonconforming use” have the same meaning in the implementation of this Article.

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(53) 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. (54) 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 Services," 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:

1. airline, lodging chain, and rental car company reservation centers, not including retail travel agencies

2. computer software and hardware design and development

3. consumer credit reporting

4. data processing services

5. health management organization (HMO) offices where no medical services are provided

6. insurance claim processing

7. mail order and electronic commerce transaction processing

8. telecommunications facility design and management

9. telemarketing
c. Professional. Office-type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include:

1. accounting, auditing and bookkeeping services

2. advertising agencies

3. attorneys

4. business associations, chambers of commerce

5. commercial art and design services
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6. construction contractors (office facilities only)

7. counseling services

8. court reporting services

9. detective agencies and similar services

10. design services including architecture, engineering, landscape architecture, urban planning

11. educational, scientific and research organizations

12. financial management and investment counseling

13. literary and talent agencies

14. management and public relations services

15. media postproduction services

16. news services

17. photographers and photography studios

18. political campaign headquarters

19. psychologists

20. secretarial, stenographic, word processing, and temporary clerical employee services

21. security and commodity brokers

22. writers and artists offices
(55) Paseo: a public place or path designed for walking; promenade. (56) 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). (57) 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.
(58) 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
b. clothing rental
c. dry cleaning pick-up stores with limited equipment
d. home electronics and small appliance repair
e. locksmiths
f. pet grooming with no boarding
g. shoe repair shops
h. tailors
These uses may also include accessory retail sales of products related to the services provided.

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(59) Personal Services - Restricted: Personal services that may tend to have a blighting and/or deteriorating effect upon 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.
c. Pawnshops.
(60) 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.
(61) 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.
(62) 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. (63) Porch: see ‘Frontage Types’
(64) Primary Use: 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.
(65) 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 influence social behavior in the public realm. The Frontage layer may overlap the public streetscape in the case of awnings, Galleries and Arcades.
(66) Research and Development: A 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 percent of the floor area. A facility providing full scale production shall be deemed a manufacturing use and shall be prohibited.
(67) Rowhouse: See 'Building Types'
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(68) 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 which are permitted to encroach into the setback subject to the standards established in Division 3 of this Article. (69) 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 according 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).
(70) Shopfront: see ‘Frontage Types’
(71) Stacked Dwellings: See 'Building Types'
(72) Stoop: see ‘Frontage Types’
(73) 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
(74) 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. (75) 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.
(76) Tandem Parking Stall: Two or more parking spaces arranged one behind the other.
(77) Thoroughfare: A vehicular way incorporating moving lanes and parking lanes (except alleys/lanes which have no parking lanes) within a right-of-way.

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(78) Tower-on-Podium: See 'Building Types'
(79) 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.
(80) 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 correctly designed for the appropriate speed at initial construction.
(81) 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.
(82) 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.
(83) 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.
(84) Tuck-under Housing: See 'Building Types'
(85) Zaguan: A covered pedestrian passage between courts of one to two rooms in depth and one story in height.”
Section 123. 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 134. 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 corrections for typographical error, and shall be considered the same as if adopted at the time of this Ordinance.

Section 145. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any City Council 20 – 43 6/17/2025
Ordinance No. NS-XXX

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 156. This Ordinance shall become effective thirty (30) days after its adoption. Upon the effective date of this Ordinance, Ordinance Nos. NS-3063 and NS3064 shall be automatically repealed and rescinded as of that date.

Section 167. 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.

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Ordinance No. NS-XXX

Date: ______________________ ________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
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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 residential 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 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).

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
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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, pedestrianoriented 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

4. 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 19th 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 facilitating transparency and public engagement in the planning and decisionmaking 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 City Council 20 – 47 6/17/2025
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
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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 designated 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 conflicts 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 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

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 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 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 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 City Council 20 – 49 6/17/2025
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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 by
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 noise, vibrations, odors, and truck traffic; and the Rafferty mixed-use development with 218 residential units, including 11 onsite units for verylow 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 storage 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 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

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 City Council 20 – 50 6/17/2025
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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 nonconforming 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 inconsistent 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 (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-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 nonresidential land uses within the TZC to enhance livability and promote healthier lifestyles, and improve public health and quality of life; City Council 20 – 51 6/17/2025
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 irreconcilable 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.

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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 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 related to housing and community development are administered 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 District, 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 for Permitted Uses), 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 after closing the public hearing, continued taking any action on this Ordinance to a special meeting held on March 6, 2025, whereby the Planning Commission recommended approval of the Ordinance to the City Council.

N. On April 1, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, but the item was not heard and was continued to a date certain, May 6, 2025;
O. On May 6, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, but the item was not heard and was continued to a date certain, June 3, 2025; and
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P. On June 3, 2025, the City Council held a duly noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard.

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ORDINANCE NO. NS-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING ZONING ORDINANCE
AMENDMENT NO. 2024-02, AMENDING CERTAIN
SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX

OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE

REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE

TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD)
NO. 84 ZONING DISTRICT; MODIFYING THE
AUTHORIZED LAND USES AND PERMIT TYPES;

ESTABLISHING REVISED NONCONFORMING USE

REGULATIONS, INCLUDING THE ADDITION OF AN

AMORTIZATION/TERMINATION OF USE PROCESS AND

ADDING OPERATIONAL STANDARDS FOR CERTAIN

PERMITTED AND NONCONFORMING USES
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council has, by separate action taken on June 3, 2025, adopted an Addendum to the Transit Zoning Code 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 Addendum 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. Thus, 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 adopts the findings contained in the attached Exhibit “A” to this Ordinance as if fully set forth herein.

Section 3. Section 41-2001 (Application of Article) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2001. Application of Article
(a) The Transit Zoning Code, as authorized by Chapter 41, Article III, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code (SAMC), is subject to the standards and regulations contained in this Article for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this Article. All terms contained herein shall be defined by the SAMC, unless specifically defined in this Article.

Exhibit 2 - Ordinance for ZOA No. 2024-02 (clean, final copy) City Council 20 – 55 6/17/2025
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(b) Proposed development, including the construction, reconstruction or structural alteration of a structure, subdivisions, and new and existing land uses, whether conforming or nonconforming, as defined in Section 41-126 of the SAMC, within the specific development area shall comply with all the applicable regulations established by this Article.
(c) The regulations contained in this Article shall also apply to:

1. A change in land use within an existing building; and

2. A change in tenancy within an existing building requiring issuance of a new Certificate of Occupancy.”
Section 4. Section 41-2001.5 (Organization) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2001.5 Organization
(a) Regulating Plan and Zones Established: Sections 41-2006 through 2008 of this Article defines the zones within the Specific Development (SD) boundaries of SD84, the parcels included within each zone, and describes, zone by zone, the standards for building placement, design, and use consistent with the permitted uses identified in Table 2A.
(b) Use Standards: Table 2A identifies the land use types allowed by the City in each of the zones established by the Regulating Plan. A parcel within SD-84 boundaries shall be occupied only by land uses identified as allowed within the applicable zone and the type of City approval required by Table 2A.
(c) Urban Standards by Zone: Sections 41-2010 through 2015 of this Article regulates the features of buildings that affect the public realm. The urban standards regulate building and parking placement, height, and profile, and vary according to the parcel's zone applied by the Regulating Plan. Standards for items not explicitly described in this section, including but not limited to, walls and fences, mechanical equipment, trash bin enclosures, heliport and helipad, underground utility, installation of dish antennas, loading areas, parking lot design standards, refer to other Sections of Chapter 41 of the SAMC and the Citywide Design Guidelines. (d) Architectural Standards: Sections 41-2020 through 2039 regulates the manner in which individual parcels and blocks are developed to create diverse and pedestrian-oriented development, through the use of three main components:
(1) Sections 41-2020 through 2032 building types (e.g., duplex, rowhouse, courtyard housing)
(2) Sections 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop, arcade, shopfront)
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(3) Section 41-2040 (Table 4.3A) architectural styles (e.g., Main Street Commercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, California Contemporary).
(e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries to be consistent with the character described for each zone. (f) Subdivision Guidelines: Establishes guidelines for the creation and maintenance of a finely grained and walkable network of blocks punctuated by integral and varied open spaces.
(g) Street Network Concepts: identifies conceptual location and guidelines for the street network. This section provides guidelines for the rights-of-way alignment, and width in plan and section with the corresponding details. (h) Definitions: Sections 41-2080 identifies and defines the terms used in this Code.” Section 5. Section 41-2002 (Nonconforming Buildings, Structures and Uses) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2002. Nonconforming Buildings, Structures and Uses (a) A nonconforming building, structure or use shall comply with Article VI of this Chapter, except as provided below:
(1) A building or structure that does not conform to the architectural style or story height requirements of this Article shall not cause the structure to be nonconforming. (2) A nonconforming building, structure or use shall not be required to conform to current zoning regulations based solely upon a change in ownership of the property, except as otherwise provided in this Article. (3) A sale, lease or other transfer of a property containing a nonconforming building, structure or use does not trigger the loss of nonconforming status, except as otherwise provided in this Article.
(4) Sections 41-681.1 through 41-681.4 and 41-683.6 of Article VI of this Chapter shall not apply to buildings, structures and uses addressed within this Article or building, structures, and uses within SD-84, nor to existing accessory dwelling units (ADUs) permitted by the City of Santa Ana before the amendment to this Article.
(5)Rehabilitation, enlargement or structural alterations of any nonconforming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be made as follows:

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a. Rehabilitation, limited to structural or non-structural alterations without any building expansion and without any intensification of a nonconforming use, is permitted if:

1. The operational standards contained in Section 41-2008, as applicable, of this Article are met.

2. All signage on the structure and the site on which it is located is brought into conformity with the signage requirements of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee.

3. All outdoor storage is screened by a solid screen wall not to exceed eight (8) feet in height. Outdoor storage shall not exceed the height of the screen wall.

4. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street parking and open space requirements of this Chapter.

5. Architectural massing, features and detailing shall be modified to bring the structure into closer compliance with the architectural standards of this Article, as approved by the Executive Director of the Planning and Building Agency, or designee.
b. Rehabilitation may include expansion of floor area without intensification of the nonconforming use when the total floor area does not exceed ten (10) percent of the floor area as it legally existed as permitted and constructed as of April 15, 2025, provided that the following standards are met:

1. The existing use is not a nonconforming industrial use. Nonconforming industrial uses may not be expanded.

2. The operational standards contained in Section 41-2008 are met.

3. All signage on the structure and the site on which it is located shall be brought into conformity with the requirements of this Chapter as approved by the Executive Director of the Planning and Building Agency, or designee.

4. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am.

5. All outdoor storage is screened by a solid screen wall not to exceed eight (8) feet in height. Outdoor storage shall not exceed the height of the screen wall.

6. There shall be no enlargement which would intrude into any required setback area required by this Article.

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7. There shall be no enlargement which would result in a new nonconforming condition in violation of the requirements of this Chapter.

8. Off-street parking shall be provided in conformance with the requirements of this Chapter.

9. Landscaping shall be improved to bring the site on which the structure is located into closer compliance with the landscaping requirements of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee.

10.Architectural massing, features and detailing, shall be modified to bring the structure into closer compliance with the architectural standards of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or designee.
(6)Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject to the following:
a. Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of that five-year period, provided the number of dwelling units is not increased; and no new non-conformances with the requirements of this Chapter are created.
b. Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met:

1. Off-street parking shall be provided in conformance with the requirements of this Chapter.

2. No new nonconformities with the requirements of this Chapter are created.

3. A minimum of eight hundred (800) square feet of usable, continuous, non-front yard open-space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. c. Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback and is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter.

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d. An existing two-car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered conforming. e. Remodeling shall mean to reconstruct, or to make over in structure or style, but shall exclude re-roof, window replacement, exterior finish replacement and repair or similar modifications, as determined by the Executive Director of the Planning and Building Agency, or designee.
f. No provision contained in this Article shall be interpreted or implemented in a manner inconsistent with State law addressing accessory dwelling units, as contained in Government Code Section 66310, et. seq. as amended from time to time.
(7) Discontinuance of Nonconforming Uses, Generally. Nonconforming uses shall be discontinued pursuant to Sec. 41-683 (Discontinuance of nonconforming building or use) of this Chapter, regardless of intent, except as provided below:
a. Discontinuance of Noxious Use.

1. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this Article.

2. If a nonconforming industrial use that meets the definition of a Noxious Use as defined in this Article is determined to be in violation of any applicable Federal, State, or local regulation, as provided below, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this Chapter:

A. The violation lasts a period of thirty (30) consecutive days; or B. The violation(s) are observed and documented for a total period of sixty (60) days in a one-year period; or
C. Three noncompliant notices from a Federal, State, or local regulatory agency relating to or arising from the nonconforming use are sent in a one-year period.

3. For the purpose of this subsection (7) a. 2.:

A. The thirty (30) consecutive day time period shall be measured from the date of the first observed and documented violation.

B. A one-year period shall be the twelve (12) consecutive months of time preceding the sixtieth (60th) day of total violations; or the twelve City Council 20 – 60 6/17/2025
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(12) consecutive months of time preceding the issuance of the third (3rd) noncompliant notice.

C. Local regulations mean the SAMC, including, but not limited to, the operational standards contained in Section 41-2008 (m) of this Article.

D. A local regulatory agency includes the City, County of Orange, special districts, or any other local government agency charged with regulating noxious uses.

E. Noncompliant notices may include, but are not limited to, Notice to Comply and Notice of Violation as issued by the South Coast Air Quality Management District (SCAQMD), Department of Toxic Substances Control (DTSC), California Environmental Protection Agency (CalEPA), Certified Unified Program Agency (CUPA), and Santa Ana Regional Water Quality Control Board (SARWQB). (8) Elimination of Noxious Uses and Structures.
a. Elimination of Noxious Uses and Structures, Generally.

1. The City Council has determined that elimination of noxious uses and structures by amortization may be considered based upon one or more of the following factors:

A. The threat to the public health, safety, and welfare posed by the continuance of the noxious use or structure;
B. Adaptability of the land and improvements to a currently permitted use;
C. Compatibility with the existing land use patterns and densities of the surrounding neighborhood;
D. Excessive calls for service to applicable response agencies related to the operation of the noxious use; and
E. Failures to remedy notices of violation, administrative warnings, or other notices of noncompliance issued by a Federal, State, or local agency, including the City.

2. The Executive Director of the Planning and Building Agency, or designee, in conjunction with other City Departments and Agencies, may establish, and periodically update, a list or data resource that identifies categories of noxious uses or structures with specific metrics and operational characteristics, to develop a ranking system for use in City Council 20 – 61 6/17/2025
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the consideration of eliminating noxious uses or structures through amortization.

3. The determination of an appropriate amortization period for termination of a noxious use pursuant to this Article shall be made by a Hearing Officer retained by the City and who has professional legal and land use experience to address amortization. The Hearing Officer shall order noxious uses and structures to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection b (Establishment of Amortization Periods), and consider the following:

A. If the noxious user has not made a substantial investment in furtherance of the use or structure, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require a noxious use or structure to be discontinued and removed from their site within a minimum of one year after the date of the order.

B. If the noxious user has made a substantial investment in furtherance of the use or structure, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the discontinuation and removal of the noxious use or structure within a longer reasonable amount of time.

C. Noxious uses or structures that are determined to be an imminent threat to the public health or safety may be subject to immediate cessation and removal, pursuant to Chapter 1 (General Provisions) of the SAMC.

4. Noxious uses and structures may also, upon order from the City or a court order, be subject to immediate cessation and removal of the nonconforming use or structure.
b. Establishment of Amortization Periods. Where a period during which a noxious use or structure is to be discontinued and removed from a site or sites is required pursuant to this Article, such period shall be established as follows:

1. The Executive Director of the Planning and Building Agency, or designee, shall submit the noxious use or structure and a recommended amortization period, based on subsection 4. herein, to a Hearing Officer pursuant to Chapter 3 of the SAMC for review;

2. The Hearing Officer shall hold a noticed hearing to consider the recommended amortization period. Notice of the hearing shall be provided to the owner or operator of the noxious use or structure and the property owner at least ten (10) days prior to the hearing. Additional notice may also be provided to surrounding property owners and/or City Council 20 – 62 6/17/2025
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tenants, at the discretion of the Executive Director of the Planning and Building Agency, or designee.

3. The Hearing Officer shall consider the recommendations submitted by the Executive Director of the Planning and Building Agency, the General Plan of the City, and any testimony or evidence provided during the hearing, in order to determine the amortization schedule for elimination of the noxious use or structure.

4. The Hearing Officer shall establish a maximum amortization period during which the noxious use or structure shall be permitted to continue after considering the following in relation to the use or structure:

A. The amount of investment or original cost of the use or structure; B. The present actual or depreciated value of the use or structure; C. The remaining useful life of the use or structure;
D. The remaining term of the lease (if applicable);
E. The date or dates of construction;
F. Amortization of the business or structure for tax purposes; G. The salvage value;
H. Adaptability of the land and improvements to a currently permitted use;
I. Cost of moving and reestablishing the use elsewhere; J. Compatibility with the existing land use patterns and densities of the surrounding neighborhood;
K. The threat to the public health, safety, and welfare posed by the continuance of the noxious use or structure;
L. Calls for service to applicable response agencies;
M. Notices of violation, administrative warnings, or other notices of noncompliance arising from or related to the noxious use issued by a Federal, State, or local agency, including the City; and N. Other factors as appropriate.
c. Hearing Officer Determination and Compliance. The determination of the Hearing Officer shall be made in writing and shall be final.

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1. Notice of Amortization and Termination of Use. The Executive Director of the Planning and Building Agency, or designee, shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Article, in those instances where an amortization period has been determined pursuant to this Article. Such notice shall be sent within ten (10) days of the determination of the Hearing Officer. If the amortization period ends before or less than six (6) months after providing such notice, the notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof and the approved amortization term. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article. The Executive Director of the Planning and Building Agency, or designee, shall be authorized record a Notice of Amortization Term & Termination of Use with the County Recorder, as provided for in California Government Code Section 27201(a).

2. Notice of Termination and Order to Comply and Conclusion of Amortization Period. Notice of Termination of a noxious use and order to comply shall be served by the Executive Director of the Planning and Building Agency, or designee, at the end of the amortization period upon the owner of record whose property contains such noxious use. In those instances, where the Executive Director of the Planning and Building Agency, or designee, is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the noxious use.

3. Request for a Continuance of a Noxious Use Beyond Period of Amortization Period. A request for a continuance of a noxious use beyond the period of amortization may be granted as follows:

A. Grounds for Continuance. A noxious use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Executive Director of the Planning and Building Agency, or designee, makes the following
determinations:
i. Special Circumstances. That special circumstances apply to any such use or structure that do not apply generally to others affected hereby; and
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ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with, and not detrimental to, the use of adjacent properties.

B. Application Process for Continuance. Any application for a continuance of a noxious use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with this Code.

C. Determination by Executive Director of the Planning and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, or designee, shall investigate the matter, give proper notice to the applicant, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Executive Director of the Planning and Building Agency, or designee. The Executive Director of the Planning and Building Agency, or designee, may impose such conditions, including additional time extensions not to exceed two (2) additional years, as may be deemed necessary for the compatibility of such a noxious use with adjacent properties.

D. Appeals. Appeals shall be filed in accordance with Chapter 3 of the Santa Ana Municipal Code.

4. Failure to Comply with Hearing Officer’s Determination. Failure to comply with the Hearing Officer’s determination to discontinue a noxious use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC.

5. Failure to Terminate Use at Conclusion of Amortization Period. The failure to terminate a noxious use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law.

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d. Additional Administrative Policies and Procedures. The Executive Director of the Planning and Building Agency, or designee, may enact and shall publish any additional administrative policies and procedures to effectuate the purposes of this Chapter, including, but not limited to, administrative policies and procedures to govern the selection of a neutral hearing officer and the conduct of hearings for the Establishment of Amortization Periods in order to implement the provisions of this Article.
(9) Abatement. The provisions of this Section are in addition to authority existing under State law to declare and abate a public nuisance pursuant to California law and other applicable provisions of the SAMC. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate and alternative action may be taken by the City pursuant to Chapter 1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this Chapter).
(10) Exception. The provisions of this section shall not apply to multifamily dwellings damaged or destroyed by fire in accordance with Government Code Section 65852.2.
(11) Voluntary Compliance Agreement. The Executive Director of the Planning and Building Agency, or designee, is hereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to establish terms for compliance with the provisions of this Article.” Section 6. Section 41-2004 (The Industrial Overlay (I-OZ) Zone) of Chapter 41 of the SAMC is hereby amended to read as follows:
“Sec. 41-2004 Reserved.”
Section 7. Section 41-2005 (Application for Discretionary Approvals) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2005. Application for Discretionary Approvals
(a) Site Plan Review shall mean specific development plan and shall comply with Sections 41-593.4 through 41-593.6. Sections 41-593.4 through 41-593.6 shall only apply to structures over four (4) stories in height. (b) Conditional use permits, variances and minor exceptions. Conditional use permits, variances and minor exceptions shall be subject to Article V of this Chapter, except for the permit thresholds for minor exceptions shall be as identified in Table 1B of this Article.
(c) Effect of amendments to this Article on applications in progress shall apply as follows:
(1) Discretionary Applications Submitted and Determined Complete. All discretionary permit applications that are active and that have been determined City Council 20 – 66 6/17/2025
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to be complete before the effective date of the Article or any amendment, shall be processed in compliance with the requirements in effect when the application was deemed complete, and pursuant to all requirements of Section 41-2008.
(2) Approved Projects Not Yet Under Construction. Any structure authorized by a discretionary permit or approval of a land use as allowed by this Article for which a Building Permit application has been submitted or a Building Permit has been issued may be constructed in compliance with the permit or approval, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension.
(3) Project Under Construction. A project for which a Building Permit has been issued may be continued and completed in compliance with the plans and specifications upon which the permit was issued.”
Section 8. Section 41-2006 (Zones Established) of Chapter 41 of the Santa Ana Municipal Code is hereby amended, including the replacement of Figure 2.1, to read as follows:
“Sec. 41-2006. Zones Established
(a) Purpose. This section establishes the zones applied to property within the plan area by the Regulating Plan. The Regulating Plan divides the plan area into separate zones that are based on a transect of intensity within the plan area that ranges from the most urban types of development and land use to the least urban types, with most zones providing for a significant mixture of land uses within them.

This approach differs from conventional zoning maps that typically divide cities into zones that rigidly segregate residential, commercial, industrial, and institutional uses into separate areas, and thereby require residents to drive for nearly all daily activities. The use of zones based on development intensity (instead of land use zones) as the spatial basis for regulating development, directly reflects the functions of, and interrelationships between, each part of the plan area. The zones also effectively implement the City’s urban design objectives for each part of the plan area, to establish and maintain attractive distinctions between each zone. This is why some parcels are zoned with more than one zone. In such cases, the zoning is divided along a clear boundary such as the middle of a block.

The zones of this Regulating Plan allocate architectural types, frontage types, and land uses within the plan area, as well as providing detailed standards for building placement, height and profile. Figure 2.1 identifies the eight (8) zones applied within the plan area as they relate to existing rights-of-way and parcels. (b) Zones established. The following zones are applicable to this specific plan, and applied to property within the boundary as shown on the Regulating Plan. (1) Transit Village (TV) Zone.

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The Transit Village zone is intended to provide standards for compact transitsupportive mixed-use/residential development. This zone is characterized by a wide range of building intensity, including mixed-use tower-on-podium buildings, flex blocks, liners, stacked flats, and courtyard housing. The zone accommodates retail, restaurant, entertainment, and other pedestrian-oriented uses at street level, with offices and flats above in the mixed-use building types, at high intensities and densities. The landscape palette is urban, with shading and accent street trees in parkway strips along Santa Ana Boulevard, and in sidewalk tree wells where on-street parking is provided. Parking is accommodated on-street, in structures with liner buildings, and underground. (2) Government Center (GC) Zone.

This area accommodates a wide variety of civic uses, including Federal, State, and local government offices and services, libraries, museums, community centers, and other civic assembly facilities and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41.

Building types vary according to their public purpose, are programmed by the various government agencies for their specific sites, and therefore are not coded by this Article. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells, and in landscaped public plazas. (3) Downtown (DT) Zone.

This zone is applied to the historical shopping district of Santa Ana, a vital, pedestrian-oriented area that is defined by multi-story urban building types (flex blocks, live-work, stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light service, and residential uses. The standards of this zone are intended to reinforce the form and character represented by pre-World War II buildings and recognized as a National Historic District, through restoration, rehabilitation, and contextsensitive infill. The standards also facilitate the replacement or improvement of post-war development that eliminated the pedestrian orientation of various downtown blocks (for example, parking structures with no features of pedestrian interest along their entire lengths). The landscape style is urban, emphasizing shading and accent street trees in sidewalk tree wells. Parking is accommodated on-street and may also be in structures with liner buildings, underground, and within block centers in surface lots not visible from streets. (4) Urban Center (UC) Zone.

This zone is applied to the area surrounding the Downtown, which serves as a transitional area to the surrounding lower intensity neighborhoods and to other areas where mixed-use and multi-unit residential buildings create a pedestrianoriented urban fabric. The zone provides for a variety of non-residential uses and a mix of housing types at medium intensities and densities. Besides accommodating community serving businesses, this zone may also serve the daily convenience shopping and service needs of nearby residents. Building types include mixed-use Flex Blocks, stacked flats, live-work, row- houses, and courtyard housing. The landscape is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on-street and may also be in structures with liner buildings and underground in areas adjacent to the DT zone, and in surface lots away from street frontages.

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(5) Corridor (CDR) Zone.

This zone is applied to properties fronting existing commercial corridors and provides standards to improve pedestrian-orientation in a transit-supportive, mixed-use area. Mixed-use flex block and live-work building types are at or near the sidewalk, and accommodate street level retail, service, and office uses, with office and residential above. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells. Parking is accommodated on-street, and in screened surface lots between buildings, or away from streets, with no more than half the site frontage occupied by parking. (6) Urban Neighborhood 2 (UN-2) Zone.

This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live-work, neighborhoodserving retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and livework. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties (see Regulating Plan). The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow- depth landscaped front yards separating buildings from sidewalks. Parking is onstreet, and in garages located away from street frontages. (7) Urban Neighborhood 1 (UN-1) Zone.

This zone is applied to existing primarily residential areas and is intended to strengthen and stabilize the low intensity nature of these neighborhoods.

Appropriate building types include single dwellings, duplexes, triplexes, and quadplexes, and live-work. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips and landscaped front yards separating buildings from sidewalks. Parking is on-street, and in garages located away from street frontages.
(8) Open Space (O) Zone.

This zone identifies areas reserved for community parks and other open spaces and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. Allowable structures in this zone are limited to those necessary to support the specific purposes of the particular open space area (e.g., sport-court enclosures and multi-purpose buildings in active parks, and trails within passive parks).”
Figure 2.1 Regulating Plan with Existing R.O.W.

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Section 9. Section 41-2007 (Uses Permitted) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2007. Uses Permitted.
(a) Allowable Land Use Types. A parcel or building within the SD-84 area shall be occupied by only the land uses allowed by the table entitled Use Standards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan.
(b) No building shall be erected, constructed, reconstructed or structurally altered except in conformance with the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in this Article, not expressly permitted in any district enumerated in Table 2A, are prohibited.
(c) Garage sales are allowed in compliance with Section 41-193. (d) Temporary outdoor activities are allowed in compliance with Section 41-195.5. (e) Youth amusement rides are permitted in compliance with Section 41-366 for C1 districts.
(f) Drive-through facilities shall not be permitted.

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(g) The conversion of existing structures containing residential land uses to nonresidential land uses is prohibited in the UN-1 zone.

Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

RESIDENTIAL
Live-Work Use / Joint living-working quarters P (2) P (2) P (2) P (2) CUP CUP Care Homes CUP CUP CUP CUP CUP CUP
Single Dwelling --- --- --- --- P P
Multi-Family Dwellings P (1) P (1) P (1) P (1) P P
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

RECREATION, EDUCATION AND ASSEMBLY
Community assembly P (1) P (1) P (1) P CUP CUP
Health/fitness facility P P P P CUP ---
Library, museum P P P P P CUP
Schools P (1) P (1) P (1) P CUP CUP
Studio P P P P CUP CUP
Trade School P (1) P (1) P (1) P (1) CUP ---
Theater, cinema or performing arts P P P P CUP ---
Commercial Recreation (Indoor) up to 5,000
square feet maximum floor area per tenant

P P P --- P ---
Commercial Recreation (Indoor) > 5,000
square feet floor area per tenant

CUP CUP CUP --- CUP ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
RETAIL
General retail, except with any of the following
features
P P P P P (2) ---
• Floor area over 20,000 per tenant CUP CUP P --- CUP --- Artisan/craft product – limited on-site
production

CUP CUP CUP --- CUP ---
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Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
Eating establishments P P P P P (2) ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

SERVICE GENERAL
Banquet facility/catering-sub. to 41.199.1(a)
through (d)

CUP CUP CUP CUP
(1)

CUP ---
Day care center P (3) P (3) P P CUP CUP
Adult day care center-subject to 41.199.2 of the
SAMC
P (3) P (3) P P P ---
Hotel, excludes transient residential hotel and
long-term stay

P P P P --- ---
Personal services P P P P P (2) P (2)
Personal services - restricted --- --- CUP CUP CUP ---
Pet day care facility CUP CUP CUP CUP CUP ---
Tattoo/Body Art Establishments - subject to

41.199.3 of the SAMC

P P P P --- ---
Craft and specialized automotive restoration
service
--- P P P CUP ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

BUSINESS-FINANCIAL-PROFESSIONAL-TECHNOLOGY
Bank, financial services P P P P --- ---
Business support service P P P P P (2) P (2)
Clinic, urgent care --- --- CUP P --- ---
Doctor, dentist, chiropractor, etc., office P (1) P (1) P (1) P --- --- Laboratory – medical – analytical --- P (1) P (1) P CUP --- City Council 20 – 72 6/17/2025
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Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
Media production – office or storefront type (no
soundstage)
P P P (1) --- P ---
Professional / administrative/service office P (1) P (1) P (1) P P (2) P (2) Research and development P (3) --- P (3) --- CUP ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE
Helistops CUP CUP --- --- --- ---
Parking facility - public or commercial, inclusive
of ancillary recharging spaces for electric
vehicles

P P P P --- ---
Transit station or terminal CUP --- --- CUP --- ---
Public utility structure, excluding wireless
communication facilities
--- --- --- --- CUP ---
Table 2A – Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1

MISCELLANEOUS
Any structure over four (4) stories in height SPR SPR SPR SPR SPR --- Businesses operating between 12 and 7 am CUP CUP CUP CUP CUP CUP Alcoholic beverage sales or consumption CUP CUP CUP CUP CUP --- Expansion of existing, legally established selfstorage facility--- --- --- --- CUP --- Drive-thru facility --- --- --- --- --- ---
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Section 10. Section 41-2008 (Operational Standards) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2008. Operational Standards for Permitted Uses. Section 41-2008 outlines the general operational standards applicable to all permitted or conditionally permitted nonresidential uses listed in Table 2A-Use Standards of Section 41-2007 (Uses Permitted).
(a) All property shall be maintained in a safe, sanitary and attractive condition including, but not limited to, structures, landscaping, parking areas, walkways, and trash enclosures.
(b) All business activities shall be conducted and located within an enclosed building, except as allowed by Section 41-195 of the SAMC and except that the following business activities may be conducted outside of an enclosed building:
(1) Newsstands
(2) Flower Stands
(c) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product.
(d) There shall be no work inside of a structure that generates noise that exceeds 60 dB CNEL measured at the exterior wall of the individual tenant unit of a structure. (e) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business.
(f) Public utility structures, including electric distribution and transmission substations shall be screened by a solid wall at least eight (8) feet high, except as restricted by Sections 36-45, 36-46, and 36-47.

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(g) Any activity permitted shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, or vibration.
(h) Artisan/craft product - limited on site production and research and development land uses shall require a solid wall or fence not less than eight (8) feet in height along any rear or side lot line.
(i) 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. No ancillary vehicle maintenance or repair shall be allowed on site.
(j) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line. (k) No business activity that generates noise or vibration shall be conducted between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 10:00 a.m. Saturday and Sunday.
(l) Automobile servicing uses including nonconforming establishments, shall comply with the following operational standards:
(1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m.

Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Saturday and Sunday.
(2) All work shall be conducted inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not permitted.” (m) In addition to the operational standards listed above, with the exception of subsection (c), the following shall apply to nonconforming industrial uses:
(1) The purpose of these operational standards is to protect and improve the living and working environment, the appearance of the community, reduce or eliminate nuisance conditions, and minimize the impacts of industrial uses on adjacent properties.
(2) These standards are in addition to the operational standards established above, and shall apply to all nonconforming industrial uses, including those existing industrial uses that become nonconforming at the effective date of any implementing ordinance.
(3) Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

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(4) If any nonconforming use that operates in an unlawful manner, including but not limited to: frequent code violations, police calls, or loitering complaints relating to the nonconforming use; or is not in good standing with the City, including, but not limited to violations of Chapter 16 of the Santa Ana Municipal Code or public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including initiating a hearing to consider business license revocation and/or terminating utility services or connections. For the purposes of this section, “frequent” is defined as more than one (1) violation, call, or complaint per month during any twelve (12) month period, and “constant service calls” is defined as more than one (1) service call per month relating to or arising from the nonconforming use during any twelve (12) month period.
(5) Enclosed Operations.
a. 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.
b. No automobile service or repair of any kind shall be allowed outdoors on site.
(6) Air Emissions and Dust
a. No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere.
b. 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.
(7) Light, Glare, and Heat
a. No direct or indirect glare or heat, whether from floodlights or from high-temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. b. To ensure that industrial development does not create light and glare nuisances, the following performance standards shall be observed:

1. 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 City Council 20 – 76 6/17/2025
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of light and glare that will impact drivers or pedestrians on the public streets, on-site activities, and adjoining or nearby properties.

2. 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
determined by the Executive Director of the Planning
and Building Agency, or designee.
c. 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.
d. 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.
(8) Ground Vibration
a. No use shall generate ground vibration perceptible without instruments at any point along the property line of the site except for motor vehicle operations.
b. 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. (9) Materials or Waste Storage
a. 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.
b. 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.
(10) Hazardous Materials
a. Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities City Council 20 – 77 6/17/2025
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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 equipment 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.
b. No activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed.
c. No use, activity or process shall cause electromagnetic interference with normal radio and television reception, or 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.
(11) Liquid and Solid Waste
a. 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.
b. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes, is prohibited. c. 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.
(12) Site Maintenance. All 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). (13)Truck Parking and Loading
a. 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.

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b. Trucks idling is prohibited.
c. 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.

Section 11. Section 41-2080 (Definitions) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
“Sec. 41-2080 - Definitions
(a) 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 definitions 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. (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 - limited on-site production: 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, City Council 20 – 79 6/17/2025
Ordinance No. NS-XXX