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
ZOA No. 2024-02 & AA No. 2024-03: Transit Zoning Code (SD-84) Amendments Second Reading
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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.
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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 ZOA No. 2024-02 & AA No. 2024-03: Transit Zoning Code (SD-84) Amendments Second Reading
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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
ZOA No. 2024-02 & AA No. 2024-03: Transit Zoning Code (SD-84) Amendments Second Reading
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Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager