Santa Ana City Council
October 7, 2025

offices operated by government, government-subsidized, not- for- profit, or philanthropic entities in the Professional ( P) zoning district hinder the City' s ability to meet the goals expressed in SAMC Section 41- 1 ( Purpose) to implement a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana. The proposed ordinance establishes a decision making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses. The need is urgent as the City has and will continue to receive a higher rate of appeals of the City's permitting process pertaining to these land uses within the P zoning district. Lastly, there have been near daily police and/or code enforcement- related incidents regarding transient populations trespassing on and causing damage to private, non- residential properties abutting railroad rights- of-way in Santa Ana. Options and development standards for the installation of electric fencing types on private property to deter this type of activity are needed. Table 1 below and on the following pages illustrates the existing and proposed regulations to address these immediate needs and issues affecting the community.

Table 1: ZOA No. 2022- 07 Current and Proposed Text Regulations Topic Existing. Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC regulates industrial and 1. Create new" noxious uses" section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However, the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to Sec. 41- 199. 4).
sensitive land uses. 2. Update the Non- Conforming section of the Zoning Code to require a
conditional use permit for noxious
uses whenever an existing nonconforming business changes ownership and requires a new
certificate of occupancy. Additionally,
require businesses with these type of
permits to remain in compliance with
applicable laws or lose their
nonconforming status ( Sec. 41- 683
and Sec. 41- 683.6).

Medical Offices in The Professional( P) zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However, the zoning district does Professional( P) zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not- for- profit, or government- subsidized. philanthropic entities.

Counseling Services The SAMC does not currently define Create" counseling services" definition in Definition counseling services. Division 2( Definitions), Article I of the Zonin Code 5ec. 41- 44. 6 .

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December 12, 2022

Medical Office- The SAMC does not currently define 1, Create" medical office" definition in Definition medical office. Division 2( Definitions), Article I of the Zoning Code( Sec. 41- 121).

2. Update the permitted uses sections
of the Professional ( P), Community
Commercial( Cl), Community
Commercial-- Museum District( ClMD), Arterial Commercial ( C5), and South Main Street Commercial
District( C- SM) to consistently use
medical office."
Professional, The SAMC does not currently define 1. Create" professional, business, and Business, and professional, business, and administrative office" definition in Administrative Office administrative office. Division 2( Definitions), Article I of the Definition Zoning Code( Sec.41- 127. 5)

2. Update the permitted uses sections
of the Professional( P), Community
Commercial( Cl), Community
Commercial-- Museum District( ClMD), Arterial Commercial( C5), and South Main Street Commercial
District( C- SM) to consistently use
professional, business, and
administrative office."
Electric Fences The SAMC is currently silent on electric 1. Create" electric fence" definition in fences. The SAMC neither defines nor Division 2( Definitions), Article I of the regulates electric fences, which have Zoning Code( Sec. 41- 54.5) become more widely used as a means 2. Add new section to regulate zones to secure property from theft and/ or and properties where electric fences vandalism. are permitted ( only in M1 and M2,
and only where abutting a rail rightof-way) subject to a minor exception Sec. 41- 610. 5 .

Noxious Uses
In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justide policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, noxious businesses in close proximity to parks, schools, and residences is of immediate concern as they pose an immediate threat to the health and safety of those recreating, attending school, or residing in their proximity. Additionally, federal, state, and regional permitting agency requirements alone are insufficient to properly protect the health and safety of residents as has been proven through the numerous businesses that continue to be licensed in close proximity to sensitive receptors even when they violate applicable federal and state laws. Staff is proposing to create a new Section 41- 199.4( Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, City Council 39 -- 3 12/ 20/ 2022
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December 12, 2022

state, or federal agency when located within 500 feet of public park, school, or a property used or zoned for residential purposes.

To buttress this new amendment, staff also proposes to create a new Section 41- 683.6 Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty ( 60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety ( 90) days in a one year period.

Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for " professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41- 127. 5 to define professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity.

Chapter 41 of the SAMC currently permits " counseling services" in the General Commercial ( C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a " professional, business, and administrative office" or a medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41- 44, 6 to define " counseling services." Chapter 41 of the SAMC currently does not provide a definition for " medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification on what business uses are categorized as a medical office and where the use is permitted.

Staff is proposing to create a new Section 41- 121 to define " medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also permit medical offices operated by government, government- subsidized, not- for- profit, or philanthropic entities subject to approval of a CUP.

The above referenced definitions and amendment are needed to effectively carry out regulations and provide for their enforcement, without which the City would be in a precarious and untenable position when reviewing applications and making determinations to approve or deny a land use.

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Electrified Security Fences
There have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non- residential properties abutting railroad rights-of-way in Santa Ana. To address this pressing security matter, provide property and business owners another option to protect property from theft or vandalism, staff is proposing to amend Section 41- 610.5 ( Walls and fences) of the SAMC to permit electric fences only in the Light Industrial ( M1) and Heavy Industrial M2) zoning districts, respectively, on properties that abut a railroad right- of-way subject to the issuance of a minor exception. Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act(" CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061( b)( 3) and 15061( b)( 5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022- 123 will be filed upon adoption of this ordinance.

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

EXHIBIT( S)

1. Ordinance for ZOA No. 2022- 07
Submitted By:

Minh Thai, Executive Director of the Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 39 -- 5 12/ 20/ 2022
Case 8: 23- cv-00504 Document 1- 2 Filed 03/ 20/ 23 Page 7 of 18 Page ID #: 55 ORDINANCE NO. NS- XXX

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AMENDING VARIOUS
PORTIONS OF CHAPTER 41 ( ZONING) OF THE SANTA

ANA MUNICIPAL CODE RELATING TO NOXIOUS USES,

MEDICAL OFFICES OPERATED BY GOVERNMENT,

GOVERNMENT- SUBSIDIZED, NOT- FOR- PROFIT, OR

PHILANTHROPIC ENTITIES, AND DEFINITIONS FOR

OTHER OFFICE USES
WHEREAS, pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update due to a number of disadvantaged communities located within the City; and
WHEREAS, the City Council adopted the General Plan Update on April 19, 2022, which included numerous goals, policies, and implementation actions associated with addressing environmental justice; and
WHEREAS, developing, adopting, implementing, and enforcement of environmental laws, regulations, and policies can help address longstanding environmental impacts on communities; and
WHEREAS, Land Use Element action 3. 2 states that the City will undertake updating the zoning code' s development and operational standards to address incompatibility of industrial uses in close proximity to sensitive receptors; and WHEREAS, the absence of clear and consistent use of terms and definitions for professional, business, and administrative office, medical office, and counseling service is inconsistent with the goals expressed by Santa Ana Municipal Code ( SAMC) Section 41- 1 ( Purpose) in that the City cannot effectively carry out regulations and provide for their enforcement without clear and enforceable terms and definitions; and WHEREAS, the absence of a conditional use permit requirement for medical offices operated by government, government- subsidized, not- for-profit, or philanthropic entities is inconsistent with the goals expressed by SAMC Section 41- 1 ( Purpose) in that discretion by the Planning Commission and City Council cannot be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC sections 41- 1 ( a), ( b), ( e), and ( f); and
WHEREAS, AB 358 was adopted August of 2021, authorizing property owners that meet specified requirements to install and operate electrified fences on their property to protect and secure commercial or industrial property, but the absence of locally-adopted standards in the Zoning Code allowing and regulating electrified fences on private property poses a threat to the health, safety, and welfare of property owners and passersby in Santa Ana, leading to potentially dangerous configurations of electrified fences that City Council 39 —6
o r, s xxx

Case 8: 23- cv-00504 Document 1- 2 Filed 03120/ 23 Page 8 of 18 Page ID #: 56 do not meet local development standards that would otherwise ensure the safe design and installation of such fences; and
WHEREAS, there have been near daily police and/ or code enforcement- related incidents regarding transient populations trespassing on and causing damage to private, non- residential properties abutting railroad rights- of-way in Santa Ana; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of conditional use requirements on medical offices operated by government, government-subsidized, not-far-profit, or philanthropic entities in the Professional ( P) zone; the lack of clear land use definitions that may work an adverse impact on existing communities, as well as negatively impact property values, personal privacy, and fire safety; and the lack of standards for the installation of electric fences on private property. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a two- thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two- thirds ( 2/ 3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above.

NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as finding by the City Council.

Section 2. Section 41- 44. 6 ( Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 44. 6. - Counseling services.

A facility where personnel provide counseling sees,in individual orgroup sessions that focus specifically on mental development,„ recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/ or integration in the workplace and community. Fora practice roviding counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis with or without the dispensing of medication onsite. " Counseling services" does not include " Medical office," which is separately defined.

Section 3. Section 41- 54. 5 ( Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows:

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Case 8: 23- cv-00504 Document 1- 2 Filed 03/ 20/ 23 Page 9 of 18 Page ID #: 57 Sec. 41- 54. 5. - Electric fence.

Electric Fence" and " Electrified Fence" shall mean_any_fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property.

Section 4. Section 41- 121 ( Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 121, - Medical office Reserved.

A medical office is a facility providing consultation, diagnosis, therapeutic, preventive surgical, or corrective personal treatment services by doctors or dentists, and their support staff, to support the healing of humans wherein such medical doctors and dentists are licensed. These facilities can be at health centers, individual doctor or dentist offices and exclude practices providing counseling services specializing in substance abuse, homeless support services, and medical research laboratories.

Section 5. Section 41- 127, 5 ( Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 127. 5. - Professional, business, and administrative office.

A professional, business, or administrative office is an establishment providing.,direct over- the- counter" services or business service s to consumers or clients ( e. g., insurance agencies, real estate offices, travel agencies utility company offices, etc.) and office- type facilities occupied by businesses providing professional services and/ or engaged in the production of intellectual property.

Section 6. Section 41- 199. 4 ( Noxious uses) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 199. 4. - Noxious uses.
a) AnV use other than eating establishments listed in Section 41- 472 or 41- 472. 5 of this Chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle store emit or discharge regulated compounds, materials chemicals or substances that is located within 500 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 requires a conditional use permit.

LbA The 500_linear_foot distance shall be measured_from the outermost boundar roof the subject property to the closest„point of any public park. school. or property used or zoned for residential purposes.

LcA The property owner or business operator of a business regulated by subsection a) shall be responsible for notifying the City of anrequirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made City Council 39— 8 OIW-Z9Aq.3 s-xxx

Case 8: 23- cv- 00504 Document 1- 2 Filed 03/20/23 Page 10 of 18 Page ID #: 58 prior to obtaining any permit from a regional, state, , or federal_ agency for the business activities listed in subsection ( a).
d) A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal state or local regulations and conditions established by regulating. and permitting agencies.

Section 7. Section 41- 313 ( Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the P district:
a) Professional, business, and administrative offices where no merchandise is sold. b) Banks, savings and loan offices, credit unions, and mortgage and finance companies.
c) Travel agencies.
d) Medical and dental
e) Art galleries, art and photography studios.
f) Museums and science centers.
g) Print and copy services.
h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities. i) Child care facilities.
j) Non- freestanding commercial and service uses which do not exceed ten ( 10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12: 00 midnight and 5: 00 a. m.
k) Freestanding restaurants, cafes, and eating establishments, excluding drivethrough facilities and excluding any eating establishment specified in section 41- 313. 5.

Section 8. Section 41- 313. 5 ( Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC is hereby amended to read as follows:

City Council 39 -- 9 oI'NPR9.39-xxx

Case 8: 23- cv-00504 Document 1- 2 Piled 03/ 20/ 23 Page 11 of 18 Page ID #: 59 Sec. 41- 313. 5. - Uses subject to a conditional use permit in the P district.

The following may be permitted in the P district, subject to the issuance of a conditional use permit:
a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals.
c. Trade and professional schools,
d. Health clubs and gymnasiums.
e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses ( e), ( f) and ( k) of section 41- 313. f. Ambulance and emergency medical response services.
g. Non- freestanding commercial and service uses which are open at any time between the hours of 12: 00 midnight and 5: 00 a. m., provided that such uses also meet the standards for commercial and service uses permitted under section 41- 313, and further provided that such uses have less than twenty thousand ( 20, 000) square feet of floor area.
h. Eating establishments open at any time between the hours of 12: 00 midnight and 5: 00 a. m. and located within one hundred fifty ( 150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41- 199. 1.
j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.
k. Adult day care facilities.

1. Clubs, fraternities and lodges.
m. Bail bond uses, subject to development and operation standards set forth in section 41- 323.
n. Churches and accessory church buildings.
o. Parking lots and parking structures subject to compliance with the requirements of Section 41- 324.
p. Medical offices operated by government, government- subsidized, not-for- profit, or philanthropic entities.

Section 9. Section 41- 365 ( Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the C1 district:
a) Retail and service uses,
City Council 39— 1 a

Case 8: 23- cv- 00504 Document 1- 2 Filed 03/ 20/ 23 Page 12 of 18 Page ID #: 60 b) Professional, business, and administrative and business- offices. c) Automobile parking lots and parking structures.
d) Automobile sales, but excluding truck, trailer, tractor and boat sales. e) Churches and accessory church buildings.
f) Mortuaries.
g) Theaters.
h) Hospitals, clinics, and sanitariums.
i) Animal hospitals and veterinaries.
j} Plant nurseries.
k) Gymnasiums.
1) Golf courses, both regulation and miniature, and driving ranges. m) Public utility structures, including electric distribution and transmission substations.
n) Restaurants, cafes, and eating establishments, other than those specified in Section 41- 365. 5.
o) Schools and studios operated for commercial or public purposes. p) Childcare facilities.
q) Service stations.
r) Automobile servicing.
s) Tattoo and/ or body art establishments, subject to the development and operational standards set forth in Section 41- 199. 3.
ft Medical offices.

Section 10. Section 41- 375. 1 ( Uses permitted in the CI- MD district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 375. 1. - Uses permitted in the C1- MD district.

The following uses are permitted in the CI- MD district:
a Retail and service uses, other than those specified in section 41- 375. 2.

City Council 39 — 11 oWAR939- xxx

Case 8: 23- cv-00504 Document 1- 2 Filed 03/ 20/ 23 Page 13 of 18 Page lD#: 61 b) Professional, business, and administrative and bassi offices where no merchandise is sold.
c) Medical and aroffices.
d) Theaters and cinemas.
e) Gymnasiums and health clubs.
f) Travel agencies, with no embarking or disembarking of passengers. g) Art galleries and art and photography studios.
h) Museums and science centers.
i) Restaurants, cafes, and eating establishments other than those specified in section 41- 375. 2, excluding eating establishments with drive- thru window service.

O Child care facilities.

Section 11. Section 41- 424 ( Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the C5 district:
a) Professional, business, and Aadministrative and prefess.0nal offices. b) Retail and service uses.
c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used.
d) Churches, chapels, mortuaries, and theaters.
e) Government buildings.
f) Restaurants and cafes, other than those specified in Section 41- 424. 5. g) Schools and studios operated for commercial or public purposes. h) Child care facilities.
i) The printing, publishing, and circulation of a newspaper, including plant and office.

City Council 39 — 12

Case 8: 23- cv-00504 Document 1- 2 Filed 03/ 20/ 23 Page 14 of 18 Page ID #: 62 j} Two- family dwellings not exceeding one ( 1) unit per three thousand ( 3, 000) square feet of lot area, provided such units front on a secondary or local street. k) Gymnasiums and health clubs.

Medical offices.

Section 12. Section 41- 521 ( Uses permitted in the C- SM district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the C- SM district:
a) Retail and service uses.
b) Professional, business, and administrative, and business offices. c) Public parking lots and parking structures.
d) Animal hospitals and veterinarians.
e) Gymnasiums, health clubs, and martial arts studios.
f) Public utility structures, including electric distribution and transmission substations.
g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41- 522, excluding the establishment of drive through service facilities.
h) Schools and studios operated for commercial or public purposes. i) Child care facilities.
0) Art galleries, museums and exhibit balls.
k) Plant nurseries.
1) Theaters.
m) Furniture stores.
n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses.

Lol Medical offices.

City Council 39-- 13 019& 9 93A_xxx

Case 8: 23- cv- 00504 Document 1- 2 Filed 03/ 20/23 Page 15 of 18 Page ID #: 63 Section 13. Section 41- 683 ( Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 683. - Discontinuance of nonconforming building or use.

Except as provided in section 41- 683. 5 and 41- 683. 6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve ( 12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter.

Section 14. Section 41- 683. 6 ( Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41. 683. 6. - Discontinuance of nonconforming noxious use.

Lal If a nonconforming use of a building regulated by Section 41- 199. 4 recluires 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 chapter.
kb If a nonconforming use of a building regulated by Section- 41- 199. 4 is in violation of any applicable_ federal, state, or local regulation for a period of sixty ( 60) consecutive days, receives three noncompliant notices from a federal state or local_re_gulatory agency in a one ( 1 wear period, or is in violation for a total of ninety 94 days in a one 1 year period, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter.

Section 15. Section 41- 610. 5 ( Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 610. 5. - Wall and fence requirements in the industrial and commercial zones. a) In the industrial and commercial zones, walls and fences shall not exceed ten ( 10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five 5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height Iimitations prescribed in subsection ( a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. c) Barbed wire is not permitted as part of a wall or fence except as follows:

City Council 39 -- 14 oMARRA-xxx

Case 8:23- cv- 00504 Document 1- 2 Filed 03/20/ 23 Page 16 of 18 Page ID #: 64 1) In the M 1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter.
2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter.
3) Barbed wire may not be used above the height limitations set forth in subsection ( a) of this section.
4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center.
d Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the requirements set forth in California Civil Code Section 835 and below:

Electric fences shall only be permitted on properties abutting a railroad rightof-way.

Electric fences shall be located at least one hundred and fifty ( 150) linear feet from a property used for residential_or public park use, or any prosy zoned for such a use, or schools ( K- 12) as defined by_Section 11362. 768 of the Health and Safety Code.

Electric fences are only_pe_rmitted in a rear or side yard which is not„viewable from a public street.
fAJ No electric fence shall be permitted, installed, or used unless it is completely surrounded and screened by a nonelectric wall that is at least six 6 feet in height. In no case shall the electric fence encroach into any required setback area.

Electric fences may exceed the height of the surrounding_ nonelectric wall by up to 18 inches.

JQ Any portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angledaway from the property line at a 45- degree upward slope.

Electric fences shall be set back from existing walls and fences in a manner so as to prevent accumulation of debris and to prevent unsafe conditions from forming in any resulting gap from the_setback required by this subsection.

In no case shall._ an electric fence . exceed the maximum fence height established in subsection ( a).

Electric fences shall be installed to be as minimally intrusive as possible.

City Council 39 -- 15....._._. OINAPA9.39-xxx

Case 8: 23- cv- 00504 Document, 1- 2 Filed 03/ 20/ 23 Page 17 of 18 Page ID #: 65 O_OANo electric fence shall be energized during advertised business hours. 11 Electric fences shall be identified by prominent] pjaced warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria:

The warning sins are placed at_each gate and access point, and at intervals along the fence not exceeding thirty (30) feet.

B) The warning signs are adjacent to any other signs relating to chemical radiological, or biological hazards.

LQ The warning signs are marked with written warning or a„ commonly recognized. symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or common recognized symbol about the danger of touching the„fence in wet conditions.

Electric fences equipped with monitored alarm systems may„require an alarm use_permit.

Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Orange County Fire Authority and the Santa Ana Police De artment.

L 4AThe applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever.

Section 16. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act ( CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060( c)( 2) and 15060( c)( 3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a " project", as defined in Section 15378 of the CEQA Guidelines.

Section 17. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare.

Section % This ordinance shall become effective immediately upon its adoption.

Section 19. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validi! Y of the remaining City Council 39 — 16 0092ARg_xxx

Case 8: 23- cv-00504 Document 1- 2 Filed 03/ 20/ 23 Page 18 of 18 Page ID #: 66 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 20. 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 2022.

Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

CERTIFICATE OF ATTESTATION AND ORIGINALITY
Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.

Date:

Clerk of the Council
City of Santa Ana
City Council 39— 17 01922A9.99-Xxx

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 1 of 76 Page ID #: 67 Exhibit
Case 8: 23- cv-00504 Document 1.- 3 Filed 03/ 20/ 23 Page 4 of 76 Page ID #: 70 ZOA No. 2022- 03: Zoning Code Amendments and Updates
January 17, 2023

Urgency Ordinance
At its regular meeting on December 20, 2022, the City Council approved an urgency ordinance (ZOA No. 2022- 07) amending various sections of Chapter 41 related to noxious uses; medical offices operated by government, government- subsidized, not-forprofit, or philanthropic entities; electric fences; and various use definitions. The amendments approved under the urgency ordinance are also included in this ZOA, should there be challenges related to the exigency posed by the threats to public health, safety, or welfare that were demonstrated by the urgency ordinance. In addition, staff has already begun evaluating the appropriate distances for expanding the buffer between noxious uses and sensitive receptors beyond 500 feet as directed by the City Council during the adoption of the urgency ordinance and will present a recommendation to the City Council at a future meeting.

DISCUSSION
Various sections within Chapter 41 of the SAMC have been revised periodically over the last several years to respond to changes in development and business practices, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to comply with changes to state law, establish high- quality development standards, create a user friendly environment for residents and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code.

Table 1 below and on the following pages illustrates the existing and proposed regulations.

The amendments identified are the first of several amendments that will be made to the Zoning Code leading up to the comprehensive update of the Zoning Code. The proposed changes would apply citywide.

Table 1: ZOA No. 2022- 03 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed. Zoning Code Regulations Family Daycare 1. Definition for" Child Care Facility' 1. Update definitions to conform to state Facilities Sec. 41- 42. 5). definition: Family daycare and

2. Uses permitted in the Single- Family Daycare center, respectively.

Residence( R1) section( Sec. 41- 2. Delete references to child care 232) requires approval of a land facilities in various Zoning Code use certificate for a large family sections in which residential uses are daycare facility. permitted, and create a new section

3. Child care facility permitted in the Sec. 41- 192. 6) allowing small and Professional( P), Community large family daycare in residential Commercial( C1), Community districts
Commercial— Museum District( Cl- 3. Delete references to child care MD), Arterial Commercial( C5), facilities in various commercial and Light Industrial ( M1), and South industrial zoning district sections and Main Street Commercial District( C- replace with new term" Daycare SM). center."
Regional Planned Regional institutions such as hospitals Add definition for" regional institution," Sign Programs and institutions of higher learning do such as hospitals and institutions of not benefit from the sign regulation I higher learning, to afford such uses the Case 8: 23- cv-00504 Document .1- 3 Piled 03/ 20/ 23 Page 5 of 76 Page 1D #: 71 ZOA No. 2022- 03: Zoning Code Amendments and Updates
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flexibility afforded by the, Zoning Code' s same benefits as regional commercial regulations on regional planned sign centers, automobile dealerships, and programs( Sec. 41- 885). attractions forthe purposes of flexible on- premises si na e.

Massage The SAMC currently allows massage 1. Revise the uses subject to a Establishments establishments in commercial zoning conditional use permit sections of the districts and plan areas where service Community Commercial (Cl), uses are permitted by right. Community Commercial--, Museum District( CI- MD), General
Commercial( C2), Planned Shopping
Center( C4), Arterial Commercial
C5), and South Main Street
Commercial District( C- SM) to
require a conditional use permit for
massage establishments.

2. Revise massage ordinance( Sec. 41-
1752) to require conditional use for
massage establishments.

3. Revise massage ordinance
definitions ( Sec. 41- 1751) to create
distinct definitions for chair massage
and ancillary massage
establishment, allowing them to be
regulated separately from massage
establishments.

Medical Offices in The Professional( P) zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However, the zoning district does Professional( P) zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not- for-profit, or government-subsidized, not-for-profit, or philanthropic entities, hilanthro is entities.

Retail Use in Industrial zoning districts currently Update the uses permitted section in the Industrial Zoning allow retail uses occupying up to five Light Industrial( M1) district to allow retail Districts percent of a tenant space as an uses by right on properties that front ancillary use Sec. 41- 472. 1 . arterial streets Sec. 41472).

Change of Use The SAMC( Sec. 41- 1309. 1) permits Update the Zoning Code to extend Parking Exceptions change of use in tenant spaces under change of use parking exception to two thousand five hundred ( 2, 500) industrial properties along arterial streets square feet without requiring additional when converted to retail if retail parking and loading spaces, component is equal to or less than 50 percent the gross square footage of the
tenants ace Sec. 41- 1309. 1 .

Trash Bin The SAMC( Sec. 41- 623) provides Update the trash enclosure standards to Enclosures trash bin enclosure standards. align with CalGreen and SB 1383 However, standards have not been requirements and provide use and updated in some time and no longer maintenance standards( Sec. 41- 623). align with changes to state law related
to waste collection.

Urban Lot Splits and The City adopted its Urban Lot Split Provide clarity on the number of units Two- Unit and Two- Unit Development standards and affordability level required for each Developments ( SB ( Sec. 41- 2106 at seq.) in December of type of project/ product. Require all net 9) 2021 in response to California Senate new units created through provision of Bill 9, the California Housing the ordinance be affordable: rental Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 6 of '76 Page ID #: 72 ZOA No. 2022- 03: Zoning Code Amendments and Updates
January 17, 2023

Opportunity and More Efficiency products shall be affordable to very low HOME) Act. The intent was to require or low income households; for-sale all new units created through the products shall be affordable to moderate ordinance be made affordable. income households ( Sec. 41- 2109 and However, the adopted ordinance lacks Sec. 41- 2115).
clarity on the total number of affordable
units required and the affordability
levels.

Noxious Uses The SAMC. regulates industrial and 1. Create new" noxious uses" section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However, the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to Sec. 41- 199. 4).
sensitive land uses. 2. Update the Non- Conforming section of the Zoning Code to require a
conditional use permit for noxious
uses whenever an existing nonconforming business changes ownership and requires a new
certificate of occupancy. Additionally,
require businesses with these types
of permits to remain in compliance
with applicable laws or lose their nonconforming status ( Sec. 41- 683 and Sec. 41- 683. 6).

Counseling Services The SAMC does not currently define Create" counseling services" definition in Definition counseling services. Division 2( Definitions), Article I of the Zoning Code Sec. 41- 44. 6 .

Medical Office- The SAMC does not currently define 1. Create" medical office" definition in Definition medical office. Division 2 ( Definitions), Article I of the Zoning Code( Sec. 41- 121).

2. Update the permitted uses sections
of the Professional( P), Community
Commercial( C1), Community
Commercial— Museum District( ClMD), Arterial Commercial ( C5), and South Main Street Commercial
District( C-SM) to consistently use
medical office."
Professional, The SAMC does not currently define 1. Create" professional, business, and Business, and professional, business, and administrative office" definition in Administrative Office administrative office. Division 2( Definitions), Article i of the Definition Zoning Code( Sec.41- 127. 5)

2. Update the permitted uses sections
of the Professional ( P), Community
Commercial( C1), Community
Commercial— Museum District( ClMD), Arterial Commercial( C5), and South Main Street Commercial
District C- SM to consistent) use
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professional, business, and
administrative office."
Electric Fences The SAMC is currently silent on electric 1. Create" electric fence" definition in fences. The SAMC neither defines nor Division 2( Definitions), Article l of the regulates electric fences, which have zoning Code( Sec. 41- 54. 5) become more widely used as a means 2. Add new section to regulate zones to secure property from theft and/ or and properties where electric fences vandalism.
are permitted ( M1 and M2, where
abutting a rail right- of-way) subject to
a minor exception Sec. 41- 610. 5 .

Light Processing The SAMC ( Sec. 41- 472 and Sec. 41- Amend Section 41- 1251 to explicitly list Facilities 472. 5) requires a conditional use and require a conditional use permit for permit for light processing facilities in light processing facilities, consistent the Light Industrial( M- 1) zoning with Section 41- 472 and Section 41- district. Section 41- 1251 ( Permits 472. 5.
required) in Article XIV. -- Recycling
Facilities does not explicitly state that
a conditional use permit is required
for a light processing facility.

Landscaping— The SAMC ( Sec. 41- 100 and Sec. 41- Amend Section 41- 100 and Section 41- Synthetic Turf 609) currently requires landscape 609 to permit use of synthetic turf for areas be maintained with live plant projects that are not subject to the material and other decorative Water Efficiency Landscape Standards, elements. The code is silent on provided they comply with landscape allowance of synthetic turf for projects guidelines and permitting requirements where the Water Efficiency established by the Director of the Landscape Standards do not apply. Planning and Building A enc .

Family Daycare Facilities
Under the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes. In Santa Ana, a small family daycare home, which may provide care for up to eight children, is considered a residential use of property for purposes of all local ordinances. Large family daycare homes, which provide care for up to 14 children, require approval of a permit.

Senate Bill (SB) 234, effective January 1, 2020, now requires a large family daycare facility to be treated as a residential use of property for purposes of all local ordinances. SB 234 also prevents local jurisdictions from requiring any form of a permit, license, tax, fee, or other clearance to operate a large day care facility on a residential property. Family daycare facilities must be allowed on any property where a residential use is allowed, including single- family residences, duplexes and triplexes, townhomes, and multiple-family dwellings ( apartments), according to Section 1596. 78 of the Health and Safety Code.

The text of various zoning district regulations in the Zoning Code currently require approval of a land use certificate (LUC) application and accompanying fee to operate a large family daycare facility. In addition, SAMC Section 41- 42. 5 contains a definition for" Child Care Facilities." The proposed ordinance would delete references to child care facilities in various Zoning Code sections where residential uses are permitted, and would create a new Section 41- 192. 6 allowing small and large family daycare as an accessory use to Case 8: 23- cv-00504 Document 1.- 3 Filed 03I20/ 23 Page 8 of 76 Page ID#: 74 ZOA No. 2022- 03: Zoning Code Amendments and Updates
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residential uses. The proposed ordinance would also create new definitions for" Family Daycare Facilities" and " Daycare Centers," and replace any reference to " Child Care Facilities" in the permitted uses sections in the commercial and industrial zoning districts with " Daycare Centers." The changes would update the Zoning Code to be consistent with state law.

Regional Planned Sign Programs
The Zoning Code currently affords regional commercial centers, automobile dealerships, and attractions flexibility with their on- premises signage without the need for approval of a variance application. Instead, SAMC Sec. 41- 885 provides for approval of a regional planned sign program ( RSPG) by the Planning Commission; the RSPG contains all location, design, and installation specifications for signage within the scope of a regional commercial centers, automobile dealerships, or attractions. Examples of such regional facilities in Santa Ana with approved RSPGs include MainPlace, Discovery Cube Orange County, McFadden Place, Hutton Centre, and Tom's Truck Center. These regional facilities are approved for a combination of wall signs, banners, monument ( freestanding) signs, mimetic signs, and digital signs for on- premises advertising.

Staff is proposing to amend SAMC Section 41- 885 to define and allow a " regional institution" to submit an application for an RSPG for staff review and subsequent approval by the Planning Commission. This amendment is a proactive response to the effects of the global Covid- 19 pandemic, during which many hospitals and institutions of higher learning began installing community- oriented signage to recognize the contributions of educational and hospital staff during a critical time. As with any other regional facility as defined by SAMC Section 41- 885, these types of facilities would seek Planning Commission approval of an RSPG before installing such signage, along with any other permanent advertising signage they may contemplate in the RSPG package.

Massage Establishments
On March 16, 2009, the City adopted Ordinance Amendment No. 2008- 02 and Zoning Ordinance Amendment No. 2008- 01 to amend Chapter 22 ( Massage Establishments) and Chapter 41 ( Zoning) of the SAMC to regulate massage establishments and massage technicians in response to concerns relating to the impacts of massage establishments and the potential establishment of new locations in the city. Past amendments to Chapter 41 included requirements for a CUP for massage establishments, an LUC for ancillary massage uses, implemented separation criteria similar to adult entertainment uses, and created operational standards specific to the massage use.

Subsequently, in September of 2009, California Senate Bill 731 ( SB 731) became effective, which restricted local governments' ability to regulate massage establishments and massage technicians. The passage of SB 731 exempted massage technicians that possessed a massage technician certificate issued by the California Massage Therapy Council ( CAMTC), a nonprofit public benefit corporation, from regulations and permit requirements that were previously adopted by the City. The new law required that Case 8: 23- cv-00504 Document 1.- 3 Filed 03/ 20/ 23 Page 9 of 76 Page ID #: 75 ZOA No. 2022- 03: Zoning Code Amendments and Updates
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massage establishments and other professional service uses be regulated in a uniform manner, prohibiting local governments from requiring restrooms, showers, or other facilities not required of other professional services. The changes to state law preempted City regulations and made several provisions of the Code inconsistent with state law and resulted in the City being unable to enforce the massage ordinance, and establishments and technicians were able to operate within the City without obtaining a CUP, LUC, or massage establishment permit. The passage of SB 731 had unintended consequences that resulted in the proliferation of massage establishments that engaged in unlawful activity that local governments had to deal with.

On January 1, 2015, California Assembly Bill ( AB) 1147 ( AB 1147) became effective, amending several sections of the Business and Professions Code and of the Government Code relating to massage establishments. By adopting AB 1147, the State Legislature returned broad control over land use in regulating massage establishments to local governments, provided only reasonable and necessary fees and regulations were enacted. Subsequently, the City adopted Ordinance No. NS- 2903, which made changes to Chapter 22 and Chapter 41 of the SAMC, establishing a by-right massage establishment permitting program. The program allowed the establishment and operation of massage establishments with approval of a Certificate of Occupancy issued by the Planning and Building Agency and an annual massage establishment permit issued by the Police Department, provided operating and permit requirements were met.

Despite the existing requirements and development standards in place, massage establishments have proven to present opportunities for acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to require a CUP for massage establishments, which would allow the City to more closely regulate this use and adopt conditions of approval to avoid or mitigate any impacts this use may have on the surrounding properties. The amendments distinguish ancillary massage establishments ( i. e., commonly part of a spa in a hotel, athletic club, or gym), chair massage ( i. e., massage business providing seated massages in an open area), from a massage establishment business, Ancillary massage establishments and chair massage businesses would not require a CUP. The proposed amendments will reduce the burdens on the City' s enforcement agencies and permit the deployment of services to other matters.

Retail Uses in Industrial Zoning Districts
The global Covid- 19 pandemic has resulted in impacts to local communities and businesses alike. It has also resulted in novel business concepts and the manner and types of spaces in which they operate to change. The Chapter 41 of the SAMC currently permits retail uses in the Light Industrial ( Ml) zoning district and Heavy Industrial ( 102) zoning districts when they are ancillary to a primary industrial use and occupy no more than five percent of the gross square footage of the tenant space. To respond to changing business practices and needs, and to allow additional flexibility to allow Case 8: 23- ev- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 10 of 76 Page ID #: 76 ZOA No. 2022- 03: Zoning Code Amendments and Updates
January 17, 2023

business to thrive, staff is proposing to amend Section 41- 472 of the SAMC to permit retail uses in the M1 zoning district on properties that front an arterial street.

Change of Use Parking Exceptions
In September of 2017, the City approved Ordinance No. NS- 2923 amending Chapter 41 of the SAMC to permit a change of use exception to allow the change of certain uses within an existing building up to 2, 500 square feet in size without the need to provide additional parking and loading spaces. For example, a tenant space may change from retail ( five ( 5) parking spaces per 1, 000 gross square feet) to a restaurant use ( eight ( 8) spaces per 1, 000 gross square feet) without providing additional parking. The adopted ordinance allowed more flexibility and facilitated the re-tenanting of commercial, professional, and industrial centers by removing barriers to permit the change in use.

Staff is proposing amending Section 41- 1309. 1 of the SAMC to extend that flexibility and facilitate the change of use in existing industrial centers that front arterial streets from industrial uses to retail when the retail component is equal to or less than 50 percent of the gross square footage of the tenant space. Changes in use that exceed the proposed threshold would be required to provide the minimum off-street parking required by Chapter 41 of the SAMC.

Trash Enclosures
In response to SS 1383, also known as the Short- lived Climate Pollutant Reduction Act of 2016, and other changes to state law related to recycling and waste collection, the City updated Article II ( Solid Waste Collection Regulations) of Chapter 16 ( Garbage, Trash, and Weeds) of the SAMC April of 2022. Staff is proposing amending Section 41- 623 of the SAMC to update the trash bin enclosure and maintenance standards to reflect and be consistent with the new regulations in Chapter 16.

Urban Lot Splits and Two- Unit Developments (SB 9)
The City adopted its Urban Lot Split and Two- Unit Development standards ( Sec. 41- 2105 et seq.) December of 2021 in response to SB 9, also known as the California Housing Opportunity and More Efficiency ( HOME) Act. The intent of the ordinance was to require all new units created through its provisions be deed restricted as affordable. Currently, Chapter 41 of the SAMC requires at least one unit created under the ordinance be deed restricted as affordable. The existing code does not explicitly state the required affordability level of the unit. Additionally, existing code lacks clarity on the total number of affordable units that are required when an urban lot split is proposed. Staff is proposing amending Section 41- 2105 to clarify that any net new units created through the provisions of Division 2 or Division 3 of Article XX be made affordable at the following levels: rental products shall be made affordable to very low or low income households; for-sale products shall be made affordable to moderate income households. Lastly, staff is proposing to correct a typographical error related to front yard setbacks. The existing code states that at least a twenty- five ( 25) foot setback is required, when it should have read twenty ( 20), consistent with the Single Family ( R1) zoning district standards.

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Noxious Uses
In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justice policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, staff will continue to analyze and propose amendments concurrent with the work taking place to comprehensively update the Zoning Code in an effort to immediately address pressing matters. To that end, staff is proposing to create a new Section 41- 199. 4 ( Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, state, or federal agency when located within 500 feet of a public park, school, or a property used or zoned for residential purposes. Additionally, staff proposes to create a new Section 41- 683. 6 ( Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty ( 60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety ( 90) days in a one year period. As previously indicated, staff is reviewing the 500- foot separation from public parks, schools, or properties zoned or used for residential purposes as directed by the Council during the adoption of the urgency ordinance and will return at a future meeting with a recommendation regarding any further changes.

Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for " professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41- 127. 5 to define " professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity.

Chapter 41 of the SAMC currently permits " counseling services" in the General Commercial ( C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a " professional, business, and administrative office" or a medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41- 44. 6 to define " counseling services," Chapter 41 of the SAMC currently does not provide a definition for " medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification Case 8: 23- cv-00504 Document 1- 3 Piled 03/ 20/ 23 Page 12 of 76 Page ID #: 78 ZOA No. 2022- 03: Zoning Code Amendments and Updates
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on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41- 121 to define " medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also address medical offices operated by government, government- subsidized, not- forprofit, or philanthropic entities subject to approval of a CUP.

Electrified Security Fences
The State of California approved AB 358 August of 2021. The bill authorized property owners that meet specified requirements to install and operate electrified fences on their properly to protect and secure commercial or industrial property where a local agency has adopted an ordinance to permit them. To provide property and business owners another option to protect their property from theft or vandalism, staff is proposing to amend Section 41- 610.5 ( Walls and fences) of the SAMC to permit electric fences in the Light Industrial ( Ml) and Heavy Industrial ( M2) zoning districts, respectively, on properties that abut a railroad right- of-way subject to the issuance of a minor exception.

Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained.

Light Processing Facilities
On July 6, 2021, the City Council adopted an Ordinance No. NS- 3007 amending sections 41- 472 and 41- 472.5 of the SAMC to require a CUP for light processing facilities in the Light Industrial ( M1) zoning district. While sections 41- 472 and 41- 472. 5 were amended to require a CUP, Section 41- 1251 ( Permits required) in Article XIV. — Recycling Facilities was not updated to expressly require a CUP for light processing facilities. Staff is proposing to amend Section 41- 1251 to explicitly list and require a CUP for light processing facilities, consistent with sections 41- 472 and 41- 472. 5.

Landscaping-- Synthetic Turf
In response to the extreme drought conditions throughout California, staff is proposing to amend Section 41- 100 and Section 41- 609 to include synthetic turf as a permissible material and to require compliance with landscape guidelines on file with the Planning and Building Agency. The proposed amendments will allow those properties and projects not subject to the Water Efficient Landscape Standards the ability to install synthetic turf as part of the required landscaping and the flexibility needed to adapt guidelines to address the evolving water crisis.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061( b)( 3) and 15061( b)( 5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as Case 8: 23- cv-00504 Document 1- 3 Piled 03/ 20/ 23 Page 13 of 76 Page ID #: 79 ZOA No. 2022- 03: Zoning Code Amendments and Updates
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there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022- 73 will be filed upon adoption of this ordinance.

FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of this ordinance.

EXHIBIT(S)

1. Ordinance for ZOA No. 2022- 03

2. Copy of Public Notice
Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager
Case 8: 23- cv-00504 Document- 1- 3 Filed 03/ 20/ 23 Page 14 of 76 Page iD #: 80 lfili
Dale hlelvi i
Resident, Santa Ana CA 92706iry
January 17, 2023
Mayor Amezcua and Santa Ana City Council members
City of Santa Ana
20 Civic Center Plaza, 8Lh Floor
Santa Ana CA 92702
Subject: January 17th Agenda Item 33— Zoning Ordinance Amendment No, 2022- 03 Section 1 of the Ordinance lists Section 41- 190. 5 ( Prohibited uses) as being changed. However, no reference is made in the ordinance. This should be made known priorto approval.

One of your cleanup items is to conform to state definitions. References used in ordinance vary to describe daycare centers: Adult day care facilities( Ordinance pg. 5 of 54, Exhibit B, pg. 2- 3), Daycare centers (standard that I thinkyou want), Child day care center( Exhibit A, pg. 3- 3, Exhibit B, pg. 2- 3). 1 suggest using a word search and fixing this.

Sec. 41- 623. - Trash bin enclosures.
b)( 1) [ and ( b)( 2)]... shall provide readily accessible recycling areas identified forthe storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three container collection program.

Times change and so could colors, i suggest incorporating terminology that is generic: solid waste ( grey container), recycling ( blue container), organic( green container). You have also listed four colors for a three container collection program.

Thank you for your thoughtful consideration. Stay safe, stay healthy.

Respectfully,
QA. 4. t
Dale A Helvig
Resident, Santa Ana
cc: Kristine Ridge
Steven Mendoza Fabiola zelaya Melicher, City Manager, Santa Ana Assistant City Manager, Santa Ana Manager, Planning
Sonia Carvalho
Minh Thai,
City Attorney, Santa Ana
Executive Director, Planning

2023- 01- 17 Letter to City Council
Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 15 of 76 Page ID #: 81

ORDINANCE NO, NS- XXX
ZONING ORDINANCE AMENDMENT NO. 2022- 03 -- AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41

ZONING) OF THE SANTA ANA MUNICIPAL CODE

RELATING TO FAMILY DAYCARE, REGIONAL PLANNED

SIGN PROGRAM REGULATIONS, MASSAGE

ESTABLISHMENTS, CONDITIONALLY- PERMITTED USES

IN THE PROFESSIONAL ZONING DISTRICT, RETAIL

USES IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES,

URBAN LOT SPLIT AND TWO- UNIT DEVELOPMENT

STANDARDS, NOXIOUS USES, DEFINITIONS FOR

VARIOUS USES, ELECTRIC FENCES, SYNTHETIC TURF,

AND PERMIT REQUIREMENTS FOR LIGHT PROCESSING

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

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

A. Various sections within Chapter 41 ( Zoning) of the Santa Ana Municipal Code SAMC) have been revised periodically over the last several years to respond to changes in development and business practices, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high- quality development standards, create a user friendly environment for residents and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code.

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

C. Zoning Ordinance Amendment No. 2022-03 amends and adds various sections of Chapter 41; including Section 41- 42. 5 ( Child care facilities), Section 41- 44. 6 Counseling services), Section 41- 47.5 ( Daycare center), Section 41- 54.5 ( Electric fence), Section 41- 59 ( Family daycare facilities), Section 41- 100 ( Landscape), Section 41- 121 ( Medical office), Section 41- 127. 5 ( Professional, business, and administrative office), Section 41- 190. 5 ( Prohibited uses), Section 41- 192. 6 ( Small and large family daycare accessory to residential uses), Section 41- 199. 4 ( Noxious uses), Section 41- 232 ( Uses permitted in the R1 district), Section 41- 247 ( Uses Ordinance No. NS-XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 16 of 76 Page ID #: 82 permitted in the R2 district), Section 41- 313 ( Uses permitted in the P district), Section 41- 365 ( Uses permitted in the C1 district), Section 41- 365. 5 ( Uses subject to a conditional use permit in the C1 district), Section 41- 375. 1 ( Uses permitted in the C1- MD district), Section 41- 375. 2 ( Uses subject to a conditional use permit in the C1- MD district), Section 41- 377. 5 ( Uses subject to a conditional use permit in the C2 district), Section 41- 412. 5 ( Uses subject to a conditional use permit in the C4 district), Section 41- 424 ( Uses permitted in the C5 district), Section 41- 424.5 Uses subject to a conditional use permit in the C5 district), Section 41- 472 ( Uses permitted in the M1 district), Section 41- 472. 1 ( Ancillary uses permitted in the M1 district), Section 41- 472. 5 ( Uses subject to a conditional use permit in the M1 district), Section 41- 521 ( Uses permitted in the C- SM district), Section 41- 522 Uses subject to a conditional use permit in the C- SM district), Section 41- 609 Landscape), Section 41- 610. 5 ( Wall and fence requirements in the industrial and commercial zones), Section 41- 623 ( Trash bin enclosures), Section 41- 683 Discontinuance of nonconforming building or use), Section 41- 683. 6 Discontinuance of nonconforming noxious use), Section 41- 885 ( Regional planned sign program), Section 41- 1251 ( Permits required), Section 41- 1309. 1 Change of use, exceptions), Section 41- 1751 ( Definitions), Section 41- 1752 Permitted zones and locations), Section 41- 1753 ( Permits and certificatescontents of application), Section 41- 1754 ( Development and operating standards), Section 41- 2109 ( Requirements), Section 41- 2115 ( Requirements), Table 3- 2 Permitted uses) of the Harbor Mixed Use Transit Corridor Specific Plan, definition of "Personal services— restricted", Table 2A ( Use Standards) of Section 41- 2007 of the Transit Zoning Code, Definition of " Personal Services— restricted" and Section 41- 2080 of the Transit Zoning Code, and Table 3 ( Permitted Land Uses) of Section 4. 1 of the Metro East Mixed- Use Overlay Zone.

D. On December 12, 2022, the Planning Commission held a duly- noticed public Dearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022- 03.

E. On January 17, 2023, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act ( CEQA): Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061( b)( 3) and 15061( b)( 5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2022- 73 will be filed upon adoption of this ordinance.

Section 3. Section 41- 42. 5 ( Child care facilities) of Chapter 41 of the SAMC is hereby amended to read as follows:

See. 41 42.5 Child GaFe f'

6. Ordinance No. N5- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 17 of 76 Page ID#: 83 basis.

Section 4. Section 41- 44. 6 ( Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41_-44. 6. -- Counseling services.

A facility personnel provide counseling services in individual or aroup sessions that focus s ecifically on mental development, recovery, rehabilitative vocational assistance o
mn_t preparation for the purposes of achieving„ independence, and/ or integration n th a workplace and community. For a practice providing counseling services specializing in substance abuse this includes a facility that provides substance abuse counselinapracticed by a licensed professional, on an, outpatient basis, with or without thedis_ en
which is semrat
medication onsite. `° Counseling..services" does not include " Medical defined.

Section 5. Section 41- 47. 5 ( Daycare center) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 47.5Daycare center.

Daycare center" means a child dayeare facility other than a_family daycare facility, and includes infant centerspreschools, extended daycare facilities and schoolacie child care centers and includes child care centers licensed pursuant to Section 1596. 951 of the California Health and Safety Code.

Section 6. Section 41- 54.5 ( Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 54. 5. - Electric fence.

Electric Fence" and " Electrified Fence" shall mean anv fence owered bv an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property.

Section 7. Section 41- 59 ( Family daycare facilities) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 59. - Reserved. Familv da care facilities.

Family daycare facility" means a facility„ that regularly provides care, protection, and supervision for 14 or fewer children in theprovider' s own home for Pgriods of less than 24_hours per day, while the parents or guardians are away. For the purposes of this Chapter, there are Small Family Daycare facilities and Large Family Daycare facilities.

Small Family Daycare facilities provide care to no more than 8 children. Large Family Daycare facilities provide care to no more than 14 children.

Ordinance No. NS- XXX

Case 8: 23- ev- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 18 of 76 Page ID #: 84 Section 8. Section 41- 100 ( Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows:

See. 41- 100. Landscape.

Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/ or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters.

Section 9. Section 41- 121 ( Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 121. - Medical office Reserved.

A_medical office is_a facility providing consultation diagnosis, therapeutic, preventive, surgical, or corrective personal treatment services by doctors or dentists, and their s - r
9 i
medical doctors and u port staff,_ to su ort the healing of humans, wherein such dentists are licensed. These facilities can be at health centers individual doctor or dentist offices, and exclude practices providing_ counseling services specializing in substance abuse, homeless support services, and medical research_laboratories.

Section 10. Section 41- 127. 5 ( Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 127. 5, - Professional business and administrative office.

AA professional, business, or administrative office is„ an establishment providing_ direct, over-the- counter" services or business_ services to consumers or clients ( e. g., insurance agencies_ real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/ or engaged in the production of intellectual ro ert .

Section 11. Section 41- 192. 6 ( Small and large family daycare accessory to residential uses) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 192. 6. - Small and large family daycare accessory to residential uses.

Safety Code Section
Small large family
30 #dhrou hacilEties as defined and rec u„laced by Health and 597.622 as modified from time to time shall be
permitted as an accessory use at any residential property, dwelling, or dwelling unit in the city where residential land uses are
rmitted in anv zoning district, specific development
zone specific plan area or overlay zoning district.

Section 12. Section 41- 199. 4 ( Noxious uses) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41- 199. 4. - Noxious uses.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 page 19 of 76 Page lD #: 85 a Any other than eating establishments listed in Section 41- 472 or 41- 472. 5 of this Chapter, regardless of the zonin district it is established or ro osed to be established in that requires a permit from a regional, state or federal agencygengy to handle, store, emit or discharge regulated compounds, materials. chemicals, or substances that is located within 500 linear feet of a public Dark, school K-12 as defined bySection 11362. 768 of the Health and Safety Code, or property used or zoned for residential purposes requires a conditional use permit.

Lb The 500 linear foot distance shall be measured from the outermost bounds of the subject property to the closest point of any public park, school, or„propertyused or zoned for residential purposes.

De The property_owner or business operator. of a business regulated bysubsection a) shall be responsible for notifying. the City of any„reguirement to obtain a permit from a regional, e mad
prior toobta n n
state. p
permit from an a ional. state, or federal a encb for the business activities listed in subsection ( a).
jdj A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal,, state, or local regulations and conditions. established by„regulating and permitting agencies Section 13. Section 41- 232 ( Uses permitted in the R1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 232. - Uses permitted in the R1 district.

The following uses are permitted in the R1 district:
a) One ( 1) one- family dwelling with six (6) or fewer bedrooms. b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. c) One ( 1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one ( 1) yea r.
d) Accessory buildings and structures, except as otherwise provided in section 41- 232. 5.
e) Ghild eare
fn .' ' tee n GGVk1iA-g-na re tonet me Fe than f. uFt von /' I/ I\ nh Old Pen, nrevirl.-..J i a land must be first
Reserved.
f) Adult day care facilities providing care to not more than six ( 6) adults.

Section 14. Section 41- 247 ( Uses permitted in the R- 2 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 20 of 76 Page 1D #: 86 Sec. 41- 247. - Uses permitted t-e in the R- 2 district.

The following uses are permitted in the R- 2 district:
a) One-family dwellings.
b) Two-family dwellings.
c) Townhouses,
d) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. e) One ( 1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one 1) year.
f) Accessory structures.
g)
that if the numbeF of-e-hildren e)(Geeds eight (8), a land- uGe r_- ertiftate must be first. ti Reserved.
h) Adult day care facilities providing care to not more than six (6) adults.

Section 15. Section 41- 313 ( Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the P district:
a) Professional, business,. and administrative offices where no merchandise is sold. b) Banks, savings and loan offices, credit unions, and mortgage and finance companies.
c) Travel agencies.
d) Medical and deft a offices.
e) Art galleries, art and photography studios.
f) Museums and science centers.
g) Print and copy services.

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document . 1- 3 Filed 03/ 20/ 23 Page 21. of 76 Page ID #: 87 h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities. i) Child Gare faGilitie. Daycare centers.
j) Non- freestanding commercial and service uses which do not exceed ten ( 10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive- through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5: 00 a. m.
k) Freestanding restaurants, cafes, and eating establishments, excluding drivethrough facilities and excluding any eating establishment specified in section 41- 313. 5.

Section 16. Section 41- 313. 5 ( Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 313. 5. Uses subject to a conditional use permit in the P district.

The following may be permitted in the P district, subject to the issuance of a conditional use permit:
a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals.
c. Trade and professional schools.
d. Health clubs and gymnasiums.
e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses ( e), ( f) and ( k) of section 41- 313. f. Ambulance and emergency medical response services.
g. Non- freestanding commercial and service uses which are open at any time between the hours of 12: 00 midnight and 5: 00 a. m., provided that such uses also meet the standards for commercial and service uses permitted under section 41- 313, and further provided that such uses have less than twenty thousand ( 20, 000) square feet of floor area.
h. Eating establishments open at any time between the hours of 12: 00 midnight and 5: 00 a. m. and located within one hundred fifty ( 150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41- 199. 1.
j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.
k. Adult day care facilities.

I. Clubs, fraternities and lodges.

Ordinance No, NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 22 of 76 Page ID #: 88 m. Bail bond uses, subject to development and operation standards set forth in section 41- 323.
n. Churches and accessory church buildings.
o. Parking lots and parking structures subject to compliance with the requirements of Section 41- 324.
p_ Medical offices operated by government govern not-for-profit. or philanthropic entities.

Section 17. Section 41- 365 ( Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the C1 district:
a) Retail and service uses.
b) Professional, business, and administrative and busines oft ces. c) Automobile parking lots and parking structures.
d) Automobile sales, but excluding truck, trailer, tractor and boat sales. e) Churches and accessory church buildings.
f) Mortuaries.
g) Theaters.
h) Hospitals, clinics, and sanitariums.
i) Animal hospitals and veterinaries.
0) Plant nurseries.
k) Gymnasiums.
1) Golf courses, both regulation and miniature, and driving ranges. m) Public utility structures, including electric distribution and transmission substations.
n) Restaurants, cafes, and eating establishments, other than those specified in Section 41- 365.5.
o) Schools and studios operated for commercial or public purposes.

Ordinance pia. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 23 of 76 Page ID #: 89 p) rhildGare faciht Daycare centers.
q) Service stations.
r) Automobile servicing.
s) Tattoo and/ or body art establishments, subject to the development and operational standards set forth in Section 41- 199. 3.

LtJ Medical offices.

Section 18. Section 41- 365. 5 ( Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 365. 5. - Uses subject to a conditional use permit in the C1 district.

The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit:
a. Clubs.
b. Outdoor and indoor recreational or entertainment uses other than those set forth in section 41- 365.
c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. d. Thrift shops, purchase and loan, pawn shops.
e. Eating establishments with drive-through window service. f. Eating establishments open at any time between the hours of 12: 00 a. m. and 5: 00 a. m. and located within one hundred fifty ( 150) feet of residentially zoned or used property, measured from property line to property line. g. Laundromats, subject to the development and performance standards set forth in section 41- 199.
h. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5: 00 a. m. i. Check cashing facilities, as defined by section 41- 42. 7. j. Banquet facilities, subject to development and operational standards set forth in section 41- 1991,
k. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.

I. Adult day care facilities.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 2.4 of 76 Page ID #: 90 m. Superstores.
n. Tattoo and/or body art establishments open at any time between the hours of 12: 00 a. m. and 7: 00 a. m., subject to the development and operational standards set forth in section 41- 199. 3.
o. Massage establishments, subject to development and operational standards set forth in Article KVII. I of this Chapter.

Section 19. Section 41- 375. 1 ( Uses permitted in the C1- MD district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 375. 1. - Uses permitted in the C1- MD district.

The following uses are permitted in the CI- MD district:
a) Retail and service uses, other than those specified in section 41- 375.2. b) Professional, business, and administrative and business, offices where no merchandise is sold.
c) Medical and dental- offices,
d) Theaters and cinemas.
e) Gymnasiums and health clubs.
f) Travel agencies, with no embarking or disembarking of passengers. g) Art galleries and art and photography studios.
h) Museums and science centers.
i) Restaurants, cafes, and eating establishments other than those specified in section 41- 375. 2, excluding eating establishments with drive-thru window service.
j) Child eare faGilities. Daycare centers.

Section 20. Section 41- 375. 2 ( Uses subject to a conditional use permit in the C1- MD district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 375. 2. - Uses subject to a conditional permit in the CI- MD district.

The following uses may be permitted in the C1- MD district subject to the issuance of a conditional use permit:
a) Clubs.

Ordinance No. NS-XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 25 of 76 Page ID #: 91 b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41- 375. 1.
c) Hotels.
d) Eating establishments open at any time between the hours of 12: 00 midnight and 5: 00 a. m. and located within one hundred fifty ( 150) feet of residentially zoned or used property, measured from property line to property line. e) Retail markets having less than twenty thousand ( 20, 000) square feet of floor area which are open at any time between the hours of 12: 00 midnight and 5: 00 a. m. f) Banquet facilities, subject to development and operational standards set forth in section 41- 199. 1.
g) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.

Massage establishments, subject to development and operational standards set forth in Article XVII. I of this Chapter.

Section 21. Section 41- 377. 5 ( Uses subject to a conditional use permit in the C2 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 377. 5. - Uses subject to a conditional use permit in the C2 district.

The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit:
a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41- 365. 5. b) Open- air car washes.
c) Trailer parks and camps.
d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government- subsidized organizations or by public agencies.
e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
f) Superstores,
Massage_establishments subject to development and operational standards set forth in Article XVILI of this Chapter.

Ordinance No. Ns- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 26 of 76 Page ID #: 92 Section 22. Section 41- 412. 5 ( Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 412. 5. - Uses subject to a conditional use permit in the C4 district.

The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit:
a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses.
b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
c) Eating establishments with drive- through window service. d) Eating establishments open at any time between the hours of 12: 00 a. m. and 5: 00 a. m. and located within one hundred fifty ( 150) feet of residentially zoned or used property, measured from property line to property line. e) Laundromats, subject to the development and performance standards set forth in section 41- 199.
f) Retail markets having less than twenty thousand ( 20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5: 00 a. m. g) Check cashing facilities, as defined by section 41- 42.7 of this Code. h) Banquet facilities, subject to development and operational standards set forth in section 41- 199. 1.
i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.
j) Adult day care facilities.
k) Superstores.

Massage establishments subject to development and operational standards set forth in Article XVII. I of this Chapter.

Section 23. Section 41- 424 ( Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the C5 district:
a) Professional business and Aadministrative and profess ie aE offices.

Ordinance No. NS-XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 27 of 76 Page ID#: 93 b) Retail and service uses.
c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used.
d) Churches, chapels, mortuaries, and theaters.
e) Government buildings.
fi) Restaurants and cafes, other than those specified in Section 41- 424.5. g) Schools and studios operated for commercial or public purposes. h) Child care faGilitles Da Cale Centers.
i) The printing, publishing, and circulation of a newspaper, including plant and office.
j) Two- family dwellings not exceeding one ( 1) unit per three thousand ( 3, 000) square feet of lot area, provided such units front on a secondary or local street. k) Gymnasiums and health clubs.

Medical offices.

Section 24. Section 41- 424.5 ( Uses subject to a conditional use permit in the C5 district) of Chapter of Chapter41 of the SAMC is hereby amended to read as follows:

Sec. 41- 424. 5. - Uses subject to a conditional use permit in the C5 district.

The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit:
a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses.
b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. c) Hospitals.
d) Public utility structures, including electric distribution and transmission substations.
e) Eating establishments with drive-through or walk- up window service. f) Service stations and automobile servicing.

Ordinance No. N5- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 28 of 76 Page ID #: 94 g) Car wash establishments, provided they are wholly enclosed. h) Laundries.
i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
j) Eating establishments open at any time between the hours of 12: 00 a. m. and 5: 00 a. m. and located within one hundred fifty ( 150) feet of residentially zoned or used property, measured from property line to property line. k) Laundromats, subject to the development and performance standards set forth in section 41- 199.
1) Retail markets having less than twenty thousand ( 20, 000) square feet of floor area which are open at any time between the hours of 12: 00 midnight and 5:00 a. m. m) Banquet facilities, subject to development and operational standards set forth in section 41- 199. 1.
n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.
o) Adult day care facilities.
p) Superstores.

LM Massage establishments, subject to development and operational standards set forth in Article XVII. 1 of this Chapter.

Section 25. Section 41- 472 ( Uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 472. - Uses permitted in the M1 district.

The following uses are permitted in the M1 district:
a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in section 41- 489. 5.
b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41- 489. 5.
c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41- 489.5.
d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41- 489.5.

Ordinance No. NS- XXX

Case 8, 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 29 of 76 Page ID#: 95 e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment.
f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure.
g) Machine shop or other metal working shops.
h) Warehousing.
i) Impound yards ( storage only) with no office or dispatching operations. j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises.
k) Eating establishments not specified in section 41- 472. 5. 1) Research laboratories that do not generate hazardous waste materials. m) Service stations with no more than two thousand ( 2, 000) square feet of the gross floor area devoted to non- automotive related product sales. n) Truck, boat and heavy equipment sales, rental, and service. o) Movie, photography, musical or video production studios. p) Bulk products sales (twenty-five ( 25) cubic feet or greater) when such products are the primary sales activity.
q) Public utility structures.
r) Blueprinting, photoengraving, screen printing and other reproduction processes. s) Wholesale nursery and plant storage.
t) Contractor' s yard.
u) Automotive repair and service, including body and fender repair, painting, and engine replacement.
v) Home improvement warehouse store.
w) Sales of industrial products, supplies and equipment used for final product manufacture.
x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 30 of 76 Page ID #: 96 y) Recycling facilities not in excess of forty-five thousand ( 45,000) gross square feet and in compliance with section 41- 1253 of this Code including:
1) Small collection facilities.
2) Large collection facilities.
z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.
aa) Storage and distribution of hazardous materials.
bb) Passenger transportation services.

LccJ Retail
circulation
uses
element.
properties that front an arterial street, as defined in the Section 26. Section 41- 472. 1 ( Ancillary uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 472. 1 - Ancillary uses permitted in the M1 district.

The following uses are permitted when ancillary to any use permitted by section 41- 472 or to any use permitted subject to a conditional use permit:
1) Administrative office use occupying up to thirty ( 30) per cent of the gross floor area;
2) Product sales or service uses occupying up to five (5) per cent of the gross floor area;
3) GMd- Ear-e
facilities occupying up to thirty ( 30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty ( 30) per cent of the gross floor area. 4) The outside storage of Class I and Class II liquids ( as defined in the fire code of the City of Santa Ana) in above- ground fixed storage tanks when properly screened pursuant to section 41- 622 of the Code, as it may be amended from time to time. As used herein, " tank" means a vessel containing more than sixty 60) gallons.
5) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty ( 30) per cent.

Section 27. Section 41- 472. 5 ( Uses subject to a conditional use permit in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Ordinance No. NS,XXX
ago 16 of 54
Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 31 of 76 Page iD #: 97 Sec. 41- 472. 5. - Uses subject to a conditional use permit in the M1 district.

The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit:
a) Principal industrial uses if occupying less than seventy ( 70) per cent of the gross floor area with the remainder of the floor area allocated to office use only, e, xcept as permitted in Section 41- 472 ( cc).
b) Storage of new or used buildings or houses.
c) rh,w ^. ire faG*Imtje& a care centers other than as permitted by section 41- 472. 1. d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops.
e) Kennels for the temporary care and lodging of dogs and other domesticated household animals.
f) Eating establishments permitted in section 41- 472 which operate between 12: 00 and 5: 00 a. m. and which are within one hundred fifty ( 150) feet of a residential use.
g) Eating establishments with drive- through window service. h) Petroleum and gas storage.
i) Freight, bus and truck terminal.
0) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays.
k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area.
1) Light processing facilities and heavy processing facilities. m) Car wash facility.
n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41- 199. 1. o) Commercial storage not within five hundred ( 500) feet of an arterial street ( as defined in the city' s circulation element) or freeway or within one thousand 1, 000) feet of a freeway intersection.
p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is Ordinance No. N5- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 32 of 76 Page iD #: 98 not within five hundred ( 500) feet of an arterial street ( as defined in the city' s circulation element) or freeway, or within one thousand ( 1, 000) feet of a freeway intersection.
q) Recreational vehicle, vehicle and/ or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred ( 500) feet of an arterial street ( as defined in the city' s circulation element) or freeway, or within one thousand ( 1, 000) feet of a freeway intersection.
r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred ( 500) feet of an arterial street ( as defined in the city's circulation element) or freeway, or within one thousand ( 1, 000) feet of a freeway intersection,
s) Indoor sport facility, subject to development and operational standards set forth in section 41- 482.

Section 28. Section 41- 521 ( Uses permitted in the C- SM district) of Chapter 41 of the SAMC is hereby amended to read as follows:

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

The following uses are permitted in the C- SM district:
a) Retail and service uses.
b) Professional, business, and administrative, and businanr offices c) Public parking lots and parking structures.
d) Animal hospitals and veterinarians.
e) Gymnasiums, health clubs, and martial arts studios.
f) Public utility structures, including electric distribution and transmission substations.
g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41- 522, excluding the establishment of drive through service facilities.
h) Schools and studios operated for commercial or public purposes. i) Child care faGilities. Day-care centers.

Q} Art galleries, museums and exhibit halls.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 33 of 76 Page ID #: 99 k) Plant nurseries.
1) Theaters.
m) Furniture stores.
n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses.
fol Medical offices.

Section 29, Section 41- 522 ( Uses subject to a conditional use permit in the CSM district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 522. - Uses subject to a conditional use permit in the C-SM district.

The following uses may be permitted in the C- SM district subject to the issuance of a conditional use permit:
a. Clubs, lodges and fraternal organizations.
b. Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41- 521.
c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses.
d. Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses.
e. Eating establishments open at any time between the hours of 12: 00 midnight and 5: 00 a. m. and located within one hundred fifty ( 150) feet of residentially zoned or used property, measured from property line to property line. f. Laundromats.
g. Ancillary outdoor dining facilities located in the front yard area. h. Banquet facilities, subject to development and operational standards set forth in section 41- 199. 1.
i. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.
j. Automobile repair and automobile servicing.
k. Retail markets having less than twenty thousand ( 20, 000) square feet of floor area which are open at any time between the hours of 12: 00 midnight and 5: 00 a. m.

Ordinance No. NS-XXX

Case 8: 23- cv-00504 Document 1.- 3 Piled 03/ 20/ 23 Page 34 of 76 Page ID #: 1. 00

1. Churches and accessory church buildings.
m. Massage establishments, subject to development and operational standards set forth in Article_XVII. I of this Chapter.

Section 30, Section 41- 609 ( Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 609. - Landscape.

Where a landscape, as defined in section 41- 100, is required by the provisions of this chapter, said landscape shall comply with the landscape guidelines and ermittin guirements established by the Director of„the Planning and Building Agency, which may be amended from time to time and be continuously maintained by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants.

Section 31. Section 41- 610.5 ( Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 610. 5. - Wall and fence requirements in the industrial and commercial zones. a) In the industrial and commercial zones, walls and fences shall not exceed ten ( 10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five 5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection ( a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. c) Barbed wire is not permitted as part of a wall or fence except as follows:
1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter.
2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter.
3) Barbed wire may not be used above the height limitations set forth in subsection ( a) of this section.
4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center.

Ordinance No. N5- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 35 of 76 Page ID #: 101 Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the-requirements set forth in California Civil Code Section 835 and below:

Electric fences shall only be permitted on properties abutting a railroad rightof-way, Electric fences shall be located at least one hundred and fifty ( 150) linear feet from a property used for residential or public park use, or any property zoned for such a use, or schools ( K- 12) as defined by Section 11362. 768 of the Health and Safety Code.

LI Electric fences are only permitted in a rear or side yard which is not viewable from a public street.

No electric fence„ shall be permitted, installed, or used Unless it is completely surrounded and screened by a nonelectric wall that is at least six ( 6] feet in height. In no case shall the electric.fence encroach into any_reauired setback area.

J, Electric fences may exceed the height of the surrounding nonelectric wall b up to 18 inches.

LI 6. portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled awayfrom the property line at a 45- degree upward slope.

Q Electric fences shall be set back from existing walls and fences in a manner so as to Drevent accumulation of debris and to prevent unsafe conditions from forming in any resulting a from the setback re uired bv this subsection.

In no case shall anelectric fence exceed the maximum fence height established in subsection
9I Electric fences shall be installed to be as minimally intrusive as-possible.

LOINo electric fence shall be energized during advertised business hours.

L11IElectric fences shall be identified by prominently placed warning signs that are legible from both sides of the i., fence. At minimum, the warning signs shall meet all of the foliowb criteria:
fffi The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty(30) feet The_warning signs are adjacent to any signs relating to chemical, radiological. or biological hazards.

Ordinance No. NS-XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 36 of 76 Page ID #: 1D2 LQ The warning signs are marked with written warning or a common) recognized symbol for shock, a written warning ora commonly recognized symbol to warn people with pacemakers, and a written or commonly recognized symbol„ about the danger of touching the fence in wet conditions.

LL2A(= lectric fences equipped„ with monitored alarm systems may require an alarm use permit.
kl3lAccessibilitv to emer enc ersonnel and first res onders must be maintained through the use of a knox _box or other access feature as determined by the Orange County Fire Authority and the, Santa Ana Police Department.
14 The applicant and property owner„ shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the o erati n of th elecfirified fence. Th
Santa Ana be recorded with the e
property y
and shall release the City afi bih whatsoever.

Section 32. Section 41- 623 (Trash bin enclosures) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 623. - Trash bin enclosures.
a) An enclosure forthe storage of„discarded material containers that are serviced by_ the city' s solid_waste collection contractor is required - Owe-(1) tFa la- bon enGleSUM shall be pFevided for each commercial or industrial establishment and for each residential buMiIg- deyalopment consisting of three ( 3) or more dwelling units; except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, eee414 a shared trash bin nclosure may be provided for each group of four ( 4) or less such establishments, provided that any such shared 4ranW„- enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on- site.

Persons applying for a permit from the city for. new construction and building additions and alterations shall comply with the requirement that enclosures have ade u
ate space forthe city' s three- collection container recycling program. Permit applicants for the Prolect types described below must as a condition of the cit ' s permit approval, comply with the following enclosure requirements and comply with the enclosure desi n ouidelines pursuant to subsections ( c)_and ( d?.

M New commercial construction or additions resultin in an increase of 30 percent or more of the floor area shall provide readily accessible_ recycling areas identified forthe stora a and collection of-grey container, blue container, and preen container or brown container materials, consistent with the threecontainer collection program offered by the city pursuant to Chapter 16. Article II of this code and shall COMDIY with provision of adequate space for recycling ordinance No. NS-XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 37 of 76 Page 1D #: 103 for commercial premises pursuant to section 5. 410. 1 of the California Green Building Standards Code 24 CCR Part 11 as amended.

Q New multifamily construction with , more than three ( 3) units shall provide readily accessible recycling areas identifiers for the storage and collection of grey container, blue _ container, and green container or brown container materials, consistent with the three- container collection program offered by the cily pursuant to Chapter 16. Article 11 of this code, and shall comps with provision of adequate space for regycling for multifamily premises pursuant to sections 4 410. 2 o
tithe California Green Building Standards Code, ,24 CCR Part
cla)AII trash and utility areas shall be screened from public streets and alleys and adjacent properties. Trash and utility areas shall be physically integrated into the project and shall include an off- street loading area of three hundred ( 300) square feet with no single dimension less than ten ( 10) feet. do)The director of GeMMUnity development planningand building, shall issue standards for the construction of trash- bon enclosures required by this section, and maintain such standards on file in the department of planning. All trash bin enclosures required by this section shall be constructed and maintained in accordance with such standards.

Lel Ongoing Waste Enclosure Use and Maintenance. At a minimum,_the following best management practices shall be adhered to:

JL The enclosure shall only be used for storage of solid waste, recycling, organic waste and used fats, oils, and r
ease, as defined in Section 39- 50 of this code.

Storage of hazardous waste or any other items inside the enclosure is strictly prohibited.

Q All solid waste and used fats, oils,, and grease, as defined in Section 39- 50 of this code, shall always be contained within appropriate water-tight, covered containers including„ secondary_ containment „ A supply of spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure.

M Locks can be used for enclosures to avoid contamination and illegal dumping.

Overfilling solid waste, recycling and/ or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid( s) to close fully. Establishments that have more than three (3) instances of overflowing containers within six ( 6) months mat/ have their service level increased pursuant to Chapter 16. Article 11 of this code M Solid waste enclosures shall be maintained in good working_condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day-to- day responsibility of the occupant or owner of the premises.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 38 of 76 Page ID #: 104 Washing out the solid waste enclosure or waste receptacles to the storm drain system, street or gutter is prohibited. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary,, sewer only.

Improper r methods methods of wash ter disposal shall be subject to violations of the sh water City s Water Quality Ordinance.

Section 33, Section 41- 683 ( Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 683. - Discontinuance of nonconforming building or use.

Except as provided in section 41- 683. 5 and 41- 683. 6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve ( 12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter.

Section 34. Section 41- 683. 6 ( Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41. 683. 6. - Discontinuance of nonconforminq noxious use. al If a nonconforming use of a building regulated by Section 41 A 99. 4,requires anew 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 eve respect to the orovisions of this chapter
If a nonconforming use of a building. regulated by__Section 41- 199. 4 is in violation of any applicable federal, state, or , local regulation for a_ period of sixty ( 60) consecutive days, receives three noncompliant not-ices from a federal, state, or local regulatory agency in a one ( 1) year period, or is in violation for a total of ninety ( 90) days in a one ( 1) year period, legal nonconforming status shall be lost g building shall conform in every respect to the
provisions_ of this chapter.
a_ subse ue t se of the
Section 36. Section 41- 885 ( Regional planned sign program) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 885. - Regional planned sign program.
a) Definitions:

1. Regional commercial center - A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and/or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or Ordinance No. NS-XXX

Case 8: 23- cv- 00504 Document l-3 tiled 03/ 20/ 23 Page 39 of 76 Page ID #: 1.05 more freeways. Said center must be located on a site of no less than fifteen 15) acres.

2. Regional automobile dealership - An automobile dealership licensed by the state that sells new or used automobiles or other motor vehicles in conjunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred ( 300) feet of the point where a freeway exit centerline intersects with a city street.

3. Regional attraction - A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education, entertainment, and/ or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five ( 5) acres.

4. Regional institution - An institution providing higher education such as a college or universes with minimum school year average enrollment of at least 1, 000 students", a healthcare institution such as a medical office building complex or hospital on a site of no less than five 5 acres, or an other facilily determined by the Executive Director of the Plannin and Building Agency to provide an educational, community assembly that is not commercial in nature, or medical use to the community.
b) Eligibility for a regional planned sign program:

1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction, or a regional institution.
2L. The site does not abut property zoned or u6ed for Fesidential uses, c) Signage and other on- premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signage shall be limited to only advertising on- site business activities. All signage must comply with the provisions of sections 41- 860 and 41- 861 of this chapter except as noted within those sections pursuant to approval of a regional planned sign program described in this section. d) The provisions of this section shall be applied in conjunction with chapter41, article XI, " On- Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article XI, " On- Premise Signs," the provisions of this section shall prevail.
e) Electronic message displays may be permitted in regional planned sign programs subject to the following conditions:

Ordinance No. N5- XXX

Case 8: 23- cv- 00504 Document 1- 3 Rfed 03/20/ 23 Page 40 of 76 Page ID#: 106

1. Any electronic message displays may not be located within 300 feet of pLoperty property zoned or used for residential purposes, as measured from the face of the electronic message display to the nearest property line of the residential ro ert . The display( s) shall comply with the following requirements:

A. Be oriented in a way that:
i. Minimizes visual and light- emitting intrusion onto properties zoned or used for residential purposes; and,
ii. Maximizes visibility from adjacent or nearby freeway corridors.

B. Produce a maximum 0. 3 foot- candles over ambient light levels.

C. Include a means of ensuring additional flexibility in reducing light levels upon request by the city,
D. Provide a means of limiting excessive light or glare.

E. Have automatic diming capabilities.

2. The sign copy shall comply with the following requirements:

A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement.

B. Each sign copy shall be displayed for a minimum of eight ( 8) seconds.

3. No electronic message display shall be located on a ground sign within fifty 50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians, or cyclists as determined by the public works agency.

4. The property owner shall comply with Santa Ana Municipal Code section 41- 638. 2, establishing standards for graffiti abatement.

5. The property owner shall provide the city and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week.

6. In addition to their on- premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the city of Santa Ana. Such minimum time will be established as a condition of approval for the regional planned sign program.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 41 of 76 Page ID #: 107

7. The sign shall comply with any and all federal, state and local laws, regulations and permitting requirements.
f) A regional planned sign program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics.
g) Applications for regional planned sign programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal.
h) Every application under this chapter for a regional planned sign program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department.
i) An application to permit a regional planned sign program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code:

1. 41- 633, requiring forms, descriptions, notification of surrounding property owners, and signature( s) from recorded property owner( s), as applicable;

2. 41- 635 through 41- 637, scheduling for public hearing, providing notice of hearing, and continuances;

3. 41- 642, reviewing the decision of the planning commission by the city council;

4. 41- 645 and 41- 646, processing appeals;

5. 41- 647 and 41- 647. 5, utilizing such permits and violations of such permits;

6. 41- 649, modifying such permits; and
7, 41- 651, revoking of such permits.

J
In granting or denying a regional planned sign program, the- lanning commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are being maintained. Findings shall be made and conditions may be imposed to confirm that:

Ordinance No. NS- XXX

t
Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/23 Page 42 of 76 Page ID #: 108

1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities.

2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on city streets or freeways.

3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by:

A. Height of existing or proposed buildings on- site;
B. Quantity of freestanding buildings, facades, and street frontages; C. Scale of buildings as they relate to pedestrian and vehicular access, surrounding land uses, and transportation corridors;
D. Visibility from streets, highways, pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces; E. Architecture, color( s), material( s), illumination, and other site characteristics; and nature of business activities conducted on- site; and, F. Visibility from any property used or zoned for residential purposes. k) Appeals from decisions of the planning commission, extensions, time limits, and modifications to such regional planned sign programs must be conducted in a manner in accordance with chapter 41, article v, division 1 of the Santa Ana Municipal Code,
Section 36. Section 41- 1251 ( Permits required) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 1251. - Permits required.
a) No person shall cause or permit the placement, construction, or operation of any small collection facility which is not located on property within a commercial zoning district and designated as a convenience zone where such uses are permitted by this section and which has not been issued either a land use certificate or a conditional use permit as required by this section and has produced documentation verifying certification by the State of California Department of Conservation. Applicants must also provide written proof of possession of State of California Workman' s Compensation coverage and be in possession of a current Weighmaster' s License. b) Small collection facilities may be permitted on any property which is zoned and used for commercial and designated as a convenience zone or on property within an industrial zoning district. Light processing facilities and heavy Heavy processing Ordinance Na. NS- XXX

Case 8: 23- ev- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 43 of '76 Page ID #: 109 1 facilities are permitted only in the M1 and M2 zoning districts with the approval of a conditional use permit.
c) A land use certificate shall be issued for any small collection facility which complies with the applicable standards set forth in this article.

Section 37, Section 41- 1309. 1 ( Change of use, exceptions) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 1309. 1. - Change of use, exceptions.

Upon the change of use of an existing building, lot, or a portion of a building or lot, additional parking and loading spaces shall be provided for the new use as required by this chapter over and above the number of parking and loading spaces required by this chapter for the prior use only, with the following exceptions:
1) Change of use in a historic district or registered historic property. Any change of use permitted in a historic resource shall not be required to provide additional parking to that legally required prior to the change of use. 2) Change of use in a space under two thousand five hundred ( 2, 500) square feet.

The occupancy of any tenant space of less than two thousand five hundred 2, 500) square feet in all zones, may be interchanged among the below land uses without the need to provide additional parking beyond that currently provided on- site or in covenanted off-site spaces. The prior use must have been established with a valid business license and certificate of occupancy. Required parking shall be determined by the last occupancy that did not use this subsection in a space under two thousand five hundred ( 2,500) square feet in all zones. Parking will be determined by section 41- 1300.

Professional, business, and administrative offices
Service uses
Medical aiqd dental offices
Restaurants/ eating establishments
Retail and service activities
Live/ work spaces
Banks and financial institutions
Gymnasiums and studios operated for commercial or public purposes Change in use from industrial to retail as permitted in section 41- 472 of this code stall not be required to provide additional parking spaces beyond that provided Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Piled 03/ 20/ 23 Page 44 of 76 Page ID #: 1. 10 on- site or in covenanted off-site spaces when the retail component of the use is equal to or less than 50 percent of the gross square footage of the tenant space, Section 38, Section 41- 1751 ( Definitions) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 1751. Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:
a) " California Massage Therapy Council' or "CMTC" means the state-organized, non- profit organization created to regulate the massage industry as set forth in Chapter 10. 5 of Division 2 of the California Business and Professions Code commencing with Section 4600, as amended).

Chair massage„ service" means where a patron receives a_massage while fully clothed in a public or semipublic area. The areas massaged are the head, neck, back, arms, and feet only.
gla) " Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part-time, full- time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment.
de) " Manager" means the owner or operator of the massage establishment, or any persons) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies.
gel) " Massage" means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice.
fe) " Massage certificate" means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code ( Chapter 10. 5 commencing with section 4600, as amended).
gf} " Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or Ordinance No. Ns- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 45 of 76 Page ID #: 111 combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions.

Massage establishment, ancillary" means a massage establishment that is operated as an_ancilla[ y use in coniunction with an approved health club, athletic club, gym, or hotel or in conjunction_with a medical office. For the purpose of this definition an ancillary use shall mean a use that is not more than twenty- five ( 25) percent of the floor area of the related health or athletic activities of the primary use.

Qg) " Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever.

A massage technician may be an employee or independent contractor.

Section 39, Section 41- 1752 ( Permitted zones and locations) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 1752. - Permitted zones and locations.

No massage establishment may be 19- ated. within the- eity uR es s- tt- meets the fall, v.,"i; g
a) Achair massage service may,be located in commercial zoning districts where retail and service uses are permitted.

An ancillary massage establishment„ may only be„located in zoning districts that permit health clubs, athletic clubs, gyms hotels, or where medical services. are permitted. c) Massage establishments may be located within the following_zoning districts subject to the issuance of a conditional use permit:
1) Massage establishments may be permitted on parcels in the C1, Cl- MD, C2, C4, C5, or CSM zoning districts.
2) Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which massage establishments retail 6erviee us are defined and permitted,
3) 1 - G- Massage establishments is are not permitted in any other zoning district.

Section 40. Section 41- 1753 ( Permits and certificates- contents of application) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec, 41- 1753. - Permits and certificates- contents of application.

No massage establishment may be operated or established in the city without first obtaining the following:

Ordinance No. N5-XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 46 of 76 Page ID #: 112 A(
1•'2) _ l r city issued business li.+ ens
3) Approved massage establishment permit issued by the ehief of peliGe, as set fedtv i
n_seG ien ` 2- 2 of this Code.
a) No chair massage service or ancillary massage establishment may be operated or established in the city without first obtaining the following_ 1) Approved certificate of occupancy.
2 A cityissued business license.

QLApproved massage establishment permit issued by the chief of police, as set, forth in Section 22- 2 of this Code,
No massage_establishment may be operated or established in the city without first obtaining the fallowing.
1) Approved conditional use permit.
2 Approved certificate of occu anc .
3) A city issued business license.
4 Approved massage establishment permit issued by the chief of police, as set forth in section 22- 2 of this Code.

Section 41. Section 41- 1754 ( Development and operating standards) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 1754. Development and operating standards.
a) The following development and operating standards shall be applied to the operation of any chair massage, ancillary massage establishment. or massage establishment:
1) The owner must advise the city, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a chair massage, ancillary massage establishment or massage establishment or administer a massage in any massage establishment between the hours of 10:00 p. m. and 8:00 a. m. A massage begun any time before 10: 00 p. m., must nevertheless terminate at 10: 00 p. m.

All customers, patrons and visitors shall be excluded from the chair massage. anc_ illary massage establishment or massage establishment during these hours and be advised of these hours.

Ordinance No, NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 47 of 76 Page ID #: 113 2) All exterior signs identifying the premises as a chair massage, ancillary massage establishment, or massage establishment shall comply with the sign requirements of the city.
3) Each operator and/ or on- duty responsible employee shall display the massage establishment permit in a conspicuous public place in the lobby of the mewsag establoshmen+ business.
4) The hours of operation must be posted in the front window and clearly visible from the outside.
5) The operator and/ or on- duty responsible employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/ or on- duty responsible employee as well as all on- duty massage technicians.
6) " No loitering" signs shall be posted at the front and rear of the business. No outside waiting or seating area is permitted in accordance with section 602 of the Penal Code.
7) Employees shall be at least eighteen ( 18) years of age. There shall be a minimum of one ( 1) employee managing the business- ass-- e establishment
during all working hours. During each employee' s working hours, the employee shall wear a city issued badge identifying the business and the employee' s full name.
8) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance.
9) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times.
10) Lighting levels on the premises within sixty ( 60) feet of the use and in all required parking areas shall be maintained at a minimum one ( 1) foot-candle of light.
11) No exterior pay phones shall be permitted.
12) Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware.
13) No person shall be employed or permitted to act as a massage technician who is not in possession of a valid, un- revoked massage certificate and a photo identification card prepared and issued by the city as required in chapter 22 of this Code.

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 48 of 76 Page ID #: 114 14) It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. 15) Residing in a chair massage, ancillary massage establishment, or massage establishment is prohibited. No person or persons shall be allowed to live, reside or dwell inside the business massage
o
ce at anytime. No food
of any kind shall be prepared for sale or sold in the establishment. 16) No interior doors may be locked during operating hours.

Section 42. Section 41- 2109 ( Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 2109. - Requirements.

An urban lot split must satisfy each of the following requirements:
a) Map Act Compliance.
1) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act ( Gov. Code section 66410 et. seq., " SMA") and implementing requirements in this Code, except as otherwise expressly provided in this division.
2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement:

A) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.

B) The city has all the remedies available to it under the SMA, including, but not limited to, the following:
i) An action to enjoin any attempt to sell, lease, or finance the property.
ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one ( 1) year, by a fine of up to ten thousand dollars ($ 10, 000. 00), or both; or a misdemeanor. iv) Record a notice of violation.
v) Withhold any or all future permits and approvals.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 49 of 76 Page ID #: 115 3) Notwithstanding section 66411. 1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split. b) Zone. The lot to be split is in a zoning district that allows single-family residences. c) Lot Location.
1) The lot to be split is not located on a site that is any of the following:

A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

B) A wetland.

C) Within a very high fire hazard severity zone, unless the site complies with all fire- hazard mitigation measures required by existing building standards.

D) A hazardous waste site that has not been cleared for residential use.

E) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

F) Within a 100- year flood hazard area, unless the site has either:
i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
ii) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

G) Within a regulatory floodway, unless all development on the site has received a no- rise certification.

H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
1) Habitat for protected species.

J) Land under conservation easement.
2) The applicant must provide evidence that the requirements of Government Code section 65913. 4( a)( 6)( B)-( K) are satisfied.

Ordinance No. N5- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 50 of 76 Page ID #: 116 d) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district. e) No Prior Urban Lot Split.
1) The lot to be split was not established through a prior urban lot split. 2) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
f) No Impact on Protected Housing.
1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

A) Housing that is income- restricted for households of moderate, low, or very low income.

B) Housing that is subject to any form of rent or price control through a public entity' s valid exercise of its policy power.

C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act ( Gov. Code sections 7060- 7060. 7) at any time in the fifteen ( 15) years prior to submission of the urban lot split application.

D) Housing that has been occupied by a tenant in the last three ( 3) years. 2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection ( f)( 1) above is satisfied.

A) The sworn statement must state the following:
i) No housing that is income- restricted for households of moderate, low, or very low income will be demolished or altered.
ii) No housing that is subject to any form of rent or price control will be demolished or altered.
iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen ( 15) years will be demolished or altered.

Ordinance No. NS-XXX

Case 8: 23- cv-00504. Document 1- 3 Filed 03/ 20/ 23 Page 51 of 76 Page ID #: 117 iv) No housing that has been occupied by a tenant in the last three ( 3) years will be demolished or altered.

B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
g) Lot Size.
1) The lot to be split must beat least two thousand four hundred ( 2, 400) square feet.
2) The resulting lots must each be at least one thousand two hundred ( 1, 200) square feet.
3) Each of the resulting lots must be between forty (40) percent and sixty (60) percent of the original lot area.
h) Easements.
1) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
2) Each easement must be shown on the tentative parcel map. 3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41- 2108( b).
4) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. i) Lot Access.
1) Each resulting loft must adjoin a public street right-of-way that meets the established standards for is designated street classification as specified in the Mobility Element of the General Plan.
2) Each resulting lot must have frontage on the public street right-of-way of at least twelve and one- half( 12. 5) feet.
3) Vehicle access easement serving a maximum of two ( 2) units shall be a minimum of twelve ( 12) feet in width and shall have a minimum length of twenty (20) feet.

Ordinance No. NS- XXX

Case 8: 23- cv- 00504. Document 1- 3 Filed 03/ 20/ 23 Page 52 of 76 Page 1D #: 118 j) Unit Standards.
1) Quantity. No more than two ( 2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, " unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU. 2) Unit Size.

A) The total floor area of each primary dwelling that is developed on a resulting lot must be.
i) Less than or equal to eight hundred ( 800); and
4) More than five hundred ( 500) square feet.

B) A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

C) A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred ( 800) square feet may be expanded to eight hundred ( 800) square feet after the urban lot split. 3) Height Restrictions.

A) On a resulting lot that is smaller than two thousand (2, 000) square feet, no new primary dwelling unit may exceed two ( 2) stories or twenty- two 22) feet in height, measured from finished grade to peak of the structure. Any portion of a new primary dwelling that exceeds one ( 1) story must be stepped back by an additional five ( 5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
4) Lot Coverage. The maximum building coverage of net lot area shall be thirty-five ( 35) percent. If new structures are proposed to be one- story and be deed restricted to be maintained as one- story structures in perpetuity, a fifty ( 50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two ( 2) primary dwelling units on the lot at eight hundred ( 800) square feet each.
5) Open Space. Private open space shall be provided for each unit at a minimum of one hundred ( 100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent Ordinance No. N5- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 53 of 76 Page ID #: 119 that it does not prevent two ( 2) primary dwelling units on the lot at eight hundred ( 800) square feet each.
6) Setbacks.

A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

B) Exceptions. Notwithstanding subsection j( 6)( A) above:
i) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
ii) Eight hundred ( 800) sf, four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two ( 2) units from being at least eight hundred ( 800) square feet in floor area; but in no event may any structure be less than four ( 4) feet from a side or rear property line.

C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty-five (20M) feet from the front property lines. The front setback areas must:
i) Be kept free from all structures greater than three ( 3) feet high; ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and
iii) Allow for vehicular and fire- safety access to the front structure. 7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one ( 1) off-street parking space per unit unless one ( 1) of the following applies:

A) The lot is located within one- half('/ z) mile walking distance of either:
i) A corridor with fixed route bus service with service intervals no longer than fifteen ( 15) minutes during peak commute hours; or
ii) A site that contains:
ia) An existing rail or bus rapid transit station; or
Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/23 Page 54 of 76 Page ID #: 120 k
ib) The intersection of two ( 2) or more major bus routes with a frequency of service interval of fifteen ( 15) minutes or less during the morning and afternoon peak commute
periods.

B) The site is located within one ( 1) block of a car- share vehicle location.

A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.
8) Architecture.

A) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B) If there is no legal primary dwelling on the lot before the urban lot split, and if two ( 2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C) All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this article.

D) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than three ( 3) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be ( for windows) clerestory with the bottom of the glass at least sax ( 6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
9) Landscaping.

A) The project shall be designed meeting all the landscaping standards of the Banta Ana Municipal Code set forth in section 41- 240.

B) Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots ( but not rights- of-way) as follows:
i) At least one 15- gallon size plant shall be provided for every five ( 5) linear feet of exterior wall. Alternatively, at least one 1) 24- inch box size plant shall be provided for every ten ( 10) linear feet of exterior wall.
ordinance No. N5-XXX

Case 8: 23- cv-00504 Document 7.- 3 Filed 03/ 20/ 23 Page 55 of 76 Page ID #: 121. ii) Plant specimens must be at least six ( 6) feet tall when installed. As an alternative, a solid fence of at least six ( 6) feet in height may be installed.
iii) All landscaping must be drought-tolerant.
iv) All landscaping must be from the city' s approved plant list. 10) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. 11) Utilities.

A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

B) Notwithstanding subsection j( 11)( A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five ( 5) years or, if the percolation test has been recertified, within the last ten ( 10) years.

C) All utilities must be underground.
12) Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. k) Separate Conveyance.
1) Within a resulting lot.

A) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

B) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

C) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

D) No timeshare, as defined by state law or this Code, is permitted. This includes any co- ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. 2) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures ( such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 56 of 76 Page ID #: 122 separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC& Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two ( 2) lots. l) Regulation of Uses.
1) Residential- only. No non- residential use is permitted on any lot created by urban lot split.
2) No short- term vacation rentals ( STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty 30) days.
3) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one ( 1) of the dwelling units on one ( 1) of the resulting lots as the applicant's principal residence for a minimum of three ( 3) years after the urban lot split is approved. m) Notice of Construction.
1) At least thirty ( 30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

A) Notice that construction has been authorized;
B) The anticipated start and end dates for construction; C) The hours of construction;
D) Contact information for the project manager ( for construction- related complaints); and
E) Contact information for the Building & Safety Department. 2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. n) Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Piled 03/ 20/ 23 Page 57 of 76 Page ID #: 123 1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty ( 30) days.
2) Expressly prohibits any non- residential use of the lots created by the urban lot split.
3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4 Expressly requires that any r et new a
boas+ „ no r .,,,.., p Y req unit created as a
result of the provisions of this Division be deed restricted for affordable housing at the following levels:- e+th very low, I^,, or moderate Levels
JL Rental products shall be made affordable to ve low or low income households.

LBI For-sale products shall be made affordable to moderate income households.
5) States that:

A) The lot is formed by an urban lot split and is therefore subject to the city' s urban lot- split regulations, including all applicable limits on dwelling size and development.

B) Development on the lot is limited to development of residential units under Divisions 2 and 3 of this article, except as required by State law.

Section 43. Section 41- 2115 ( Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41- 2115. - Requirements.

A two- unit project must satisfy each of the following requirements:
a) Map Act Compliance. The lot must have been legally subdivided. b) Zone. The lot is in a single- family residential zone. c) Lot Location.
1) The lot is not located on a site that is any of the following:

A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

B) A wetland.

Ordinance No. NS- XXX

k.

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 58 of 76 Page ID #: 124 C) Within a very high fire hazard severity zone, unless the site complies with all fire- hazard mitigation measures required by existing building standards.

D) A hazardous waste site that has not been cleared for residential use.

E) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

F) Within a 100- year flood hazard area, unless the site has either:
i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
ii) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

G) Within a regulatory floodway, unless all development on the site has received a no- rise certification.

H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
1) Habitat for protected species.

J) Land under conservation easement.
2) The applicant must provide evidence that the requirements of Government Code section 65913. 4( a)( 6)( B)-( K) are satisfied.
d) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district, or a structure of merit. A structure of merit is defined as meeting one or more of the following:
1) It is associated with events that have made a significant contribution in our past.
2) It is associated with the lives of persons significant in our past. 3) It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or Ordinance No. NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 59 of 76 Page ID #: 125 possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction.
4) It yields, or may be likely to yield, information important in prehistory or history.
5) Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood. e) No Impact on Protected Housing.
1) The two- unit project must not require or include the demolition or alteration of any of the following types of housing:

A) Housing that is income- restricted for households of moderate, low, or very low income.

B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act ( Gov. Code sections 7060- 7060. 7) at any time in the fifteen ( 15) years prior to submission of the urban lot split application.

D) Housing that has been occupied by a tenant in the last three (3) years. 2) As part of the two- unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection ( e)( 1) above is satisfied.

A) The sworn statement must state the following:
i) No housing that is income- restricted for households of moderate, low, or very low income will be demolished or altered.
ii) No housing that is subject to any form of rent or price control will be demolished or altered.
iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen ( 15) years will be demolished or altered.
iv) No housing that has been occupied by a tenant in the last three ( 3) years will be demolished or altered.

Ordinance No. NS-XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 60 of 76 Page ID #: 126 B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
f) Unit Standards.
1) Quantity.

A) No more than two ( 2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.

B) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city' s ADU ordinance.
2) Unit Size.

A) The total floor area of each primary dwelling built that is developed under this section must be:
i) Less than or equal to eight hundred ( 800); and
ii) More than five hundred ( 500) square feet.

B) A primary dwelling that was legally established on the lot prior to the two- unit project and that is larger than eight hundred ( 800) square feet is limited to the lawful floor area at the time of the two- unit project. The unit may not be expanded.

C) A primary dwelling that was legally established prior to the two- unit project and that is smaller than eight hundred ( 800) square feet may be expanded to eight hundred ( 800) square feet after or as part of the twounit project. 3) Height Restrictions.

A) On a lot that is smaller than two thousand ( 2, 000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one ( 1) story must be stepped back by an additional five ( 5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

Ordinance No. NS-XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 61 of 76 Page ID #: 127 4) Demo Cap. The two- unit project may not involve the demolition of more than twenty- five ( 25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three ( 3) years. 5) Lot Coverage. The maximum building coverage of net lot area shall be thirty- five ( 35) percent. If new structures are proposed to be one- story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two ( 2) primary dwelling units on the lot at eight hundred ( 800) square feet each.
6) Open Space. Private open space shall be provided for each unit at a minimum of one hundred ( 100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two ( 2) primary dwelling units on the lot at eight hundred ( 800) square feet each.
7) Setbacks.

A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

B) Exceptions. Notwithstanding subsection (f)(7)( A) above:
i) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
ii) Eight hundred (800) sf,- four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two ( 2) units on the lot or either of the two ( 2) units from being at least eight hundred ( 800) square feet in floor area; but in no event may any structure be less than four ( 4) feet from a side or rear property line.

C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least twenty ( 20) feet from the front property lines. The front setback area must:
i) Be kept free from all structures greater than three ( 3) feet high; ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and
Ordinance No. NS-XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 62 of 76 Page ID #: 128 iii) Allow for vehicular and fire-safety access to the front structure.

D) Interior Side Yard and Rear Yard Setbacks. Dwelling units must provide a minimum of four-foot interior side yard and rear yard setbacks for the property line.

E) Corner Lot Setbacks for side yards abutting a street. Dwellings that are constructed pursuant to Divisions 2 and 3 of this article must provide setbacks at least ten ( 10) feet from the side yard abutting the street.

F) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
8) Parking. Each new primary dwelling unit must have at least one ( 1) off-street parking space per unit unless one ( 1) of the following applies:

A) The lot is located within one- half ('/ 2) mile walking distance of either:
i) A corridor with fixed route bus service with service intervals no longer than fifteen ( 15) minutes during peak commute hours; or
ii) A site that contains:
ia) An existing rail or bus rapid transit station; or
ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen ( 15) minutes or less during the morning and afternoon peak commute
periods.

B) The site is located within one ( 1) block of a car-share vehicle location.

A car- share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.
9) Architecture.

A) If there is a legal primary dwelling on the lot that was established before the two- unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B) If there is no legal primary dwelling on the lot before the two- unit project, and if two ( 2) primary dwellings are developed on the lot, the dwellings Ordinance No. NS-XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 63 of 76 Page ID #: 129 must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C) New roofing and siding materials that are shiny, mirror- like, or of a glossy metallic finish are prohibited.

D) All exterior lighting must be limited to down- lights.

E) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

F) If any portion of a dwelling is less than thirty ( 30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be ( for windows) clerestory with the bottom of the glass at least six ( 6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

G) New skylights shall have flat glass panes. " Bubble" or dome type skylights are prohibited.

FI) The roof pitch/ slope and roof style ( e. g. hip, gable, mansard) of the proposed unit addition shall be the same as the primary dwelling. 1) If a garage is converted to new unit, the garage door opening shall be replaced with exterior wall coverings, or residential window and doors, to match the existing exterior garage wall covering and detailing.

J) Additions or new construction shall comply with the following:
i) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but the limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.
ii) If residential development is propped on a lot where not residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.
iii) The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc. must be equal to, or greater than, the square footage of bedrooms provided.

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/20/ 23 Page 64 of 76 Page ID #: 130 iv) Direct exterior accOss from a first- floor bedroom to the exterior of the dwelling unit shall be through a sliding door or double French door.
v) Upper story unenclosed landings, decks, and balconies greater than twenty ( 20) square feet that face or overlook an adjoining property, shall be located a minimum of fifteen ( 15) feet from the interior lot lines.
vi) Water heaters ( excluding tank less water heaters) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit.
vii) Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to
orientation or topography, may be located at the located at the minimum as allowed by the underlying zone interior setback line if an architectural screening element such as enclosing walls, trellises, awning, or perimeter planters with a five- foot minimum height is incorporated into the unenclosed landing, deck, or balcony.
viii) Lipper story windows located within fifteen ( 15) feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of forty-two ( 42) inches above finish floor.
10) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

A) At least one ( 1) 15- gallon size plant shall be provided for every five ( 5) linear feet of exterior wall. Alternatively, at least one ( 1) 24- inch box size plant shall be provided for every ten ( 10) linear feet of exterior wall.

B) Plant specimens must be at least six ( 6) feet tall when installed. As an alternative, a solid fence of at least six ( 6) feet in height may be installed.

C) All landscaping must be drought-tolerant.

D) All landscaping must be from the city' s approved plant list. 11) Nonconforming Conditions. A two- unit project may only be approved if all nonconforming zoning conditions are corrected.
12) Utilities.

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 65 of 76 Page ID #: 131 A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

B) Notwithstanding paragraph subsection ( f)(12)( A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten ( 10) years.

C) All utilities must be underground.
13) wilding and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city' s current code.
g) Separate Conveyance.
1) Primary dwelling units on the loft may not be owned or conveyed separately from each other.
2) Condominium airspace divisions and common interest developments are not permitted within the lot.
3) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

A) No timeshare, as defined by state law or this Code, is permitted. This includes any co- ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. h) Regulation of Uses.
1) Residential- only. No non- residential use is permitted on the lot. 2) No short term rentals ( STRs). No dwelling unit on the lot may be rented for a period of less than thirty ( 30) days.
3) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two- unit project must occupy one 1) of the dwellings on the lot as the owners' principal residence and legal domicile.
i) Notice of Construction.

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/ 23 Page 66 of 76 Page ID #: 132 1) At least thirty ( 30) business days before starting any construction of a twounit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

A) Notice that construction has been authorized.

B) The anticipated start and end dates for construction.

C) The hours of construction.

D) Contact information for the project manager ( for construction- related complaints).

E) Contact information for the Building and Safety Department. 2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this article. This notice requirement is purely to promote neighborhood awareness and expectation. j) Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:
1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty ( 30) days.
2) Expressly prohibits any non- residential use of the lot. 3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one ( 1) of the dwelling units on the lot as the owners' primary residence and legal domicile.
5) Expressly requires that any net newest least
one, new unit created be
deed restricted for affordable housing at the following levels: either very IGWloans 9F ry ederato Rental products shall be made affordable to very low or low income households.

JBA For- sale products shall be made affordable to moderate income households.

Ordinance No. NS- XXX

Case 8: 23- cv-00504 Document 1- 3 Filed 03/ 20/23 Page 67 of 76 Page ID #: 133 6) Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

Section 44. Table 3- 2 ( Permitted Uses) of the Harbor Mixed Use Transit Corridor Specific Plan ( Specific Plan No. 2) is hereby amended as per Exhibit A of this Ordinance to delete reference to " Child day care - more than 8 and up to 14 children" in its entirety.

Section 45. The definition of "Personal services — restricted" as appearing in the Harbor Mixed Use Transit Corridor Specific Plan ( Specific Plan No. 2)" Definitions" section is hereby amended as per Exhibit A of this Ordinance to clarify the use, the section referenced in the SAMC, and applicable standards.

Section 46. Table 2A ( Use Standards) of Section 41- 2007 of the Transit Zoning Code ( Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to delete reference to " Child day care - more than 8 and up to 14 children" in its entirety.

Section 47. The definition of " Personal Services — restricted" as appearing in Section 41- 2080 of the Transit Zoning Code ( Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to clarify the use, section referenced in the SAMC, and applicable standards.

Section 48. Table 3 ( Permitted Land Uses) of Section 4. 1 of the Metro East Mixed- Use Overlay Zone is hereby amended as per Exhibit C of this Ordinance to replace all references to" Child care facilities" with " Daycare centers," and to expressly permit and require a conditional use permit for massage establishments in two districts within the plan area.

Section 49, Table 3 ( Permitted Land Uses) of Section 4. 1 of the Metro East Mixed- Use Overlay Zane is hereby amended as per Exhibit C of this Ordinance to include a reference to "Massage establishments" and to permit them subject to a conditional use permit in the Village Center and Active Urban districts of the overlay.

Section 50. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 51. This ordinance shall become effective thirty ( 30) days after its adoption.

Section 52, The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

Ordinance No. NS-XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/20/23 Page 68 of 76 Page ID #: 1.34 ADOPTED this day of 2023.

Valerie Amezcua
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:

John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

CERTIFICATE OF ATTESTATION AND ORIGINALITY
Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.

Date:

Clerk of the Council
City of Santa Ana
Ordinance No, NS- XXX

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/23 Page 69 of 76 Page ID #: 135 CHAPTER 3: Land Use Plan and Development Standards
Permitted Uses
Table 3- 2 shall regulate land uses within the Harbor Corrldor Plan area. The table provides uses by district The uses are indicated by abbreviation: permitted P), not permitted( N), permitted by Conditional Use Permit( CUP), permitted by Land Use Certificate( LUC), and permitted through Site plan Review( SPR). The Transit Node District is divided Into two areas basd on their proximity to the transit stops.

Transit Node North: Permitted uses shall apply to properties In the Transit Node District adjacent to the North Transit Stop as depicted in Figure 3- 1.

Transit Node South: Permitted uses shall apply to properties In the Transit Node District adjacent to the South Transit Stops as depleted In Figure 3- 1.

Table 3- 2. Permitted Uses
NEIGH TRANSITIONAL +•
Joint living-working quarters p(777 p( 2) CUP N
Care homes_ N CUp CUP N
Single family dwelling —.

Y-_ --_-----__
N P — P N --
Multi- family dwellings
In building types other than a House or Live- Work) P( 1) P( 1) P P N.. tl p R
Community assemblyor religious facility p( 1) P( 1) P CUP N Library, museum P P P P SPR
Park or recreation facility( outdoor) P p p P
Commercial recreationlhealthtfitness( indoor) clip CUP - N. N p school P( 1) P( 1) P CUP N. -
Studio p( 3) P P CUP N
Theater, cinema or performing arts P P P N IN
General retail P I P P P( 2) N'.

Grocery, food market P( 3) P P( 3) P( 2) N
Eating establishment P( 3) P p P( 2) _ N -
Auto or motor vehicle sales N N CUP N N
Auto or motor vehicle service N. N - CUp N N
Banquet faculty/ catering- subject to 41. 199. 1 of the SAW CUP( 1) CUP( 1) CUP( 1) N N Child day care- more than 8 and up to 14 children P( 1) P P LUG N Child day care center( 15 or more children) P( 1) P P CUP Hotel, excluding transient residential hotel and long-term stay P P p Personal services P( 3) P P P( 2)<. -- N _
Personal services- restricted N N CUP CUP N
A A
Bank, financial services P( 3) P P N N
Clinic, urgent care N N - P
Y
N - --- N —
Doctor, dentist, chiropractor office P( 1) P P N N
Professional/ administrative/ service office P( 1) P P P( 2) N R
Parking facility- public or commercial
p p sPR N stand- alone parking structures are prohibited)( 4) N Transit station or terminal P P p N SPR
Public utility structure, excludingwireless communication facilities N;.:: N N CUP SpR — R p
Any structure over three( 3) stories in height SPR SPR SPR SPR SPR Businesses operating between 12 am and 7 am CUP CUP CUP CUP N Alcoholic beverage sales or consumption CUP CUP CUP CUP IN Adult business N N N N N
Light ar heavy industrial N N N N N
1) Use permitted only on second or upper floors, or behind retail or service ground floor use. P Use is permuted subject to coin pllance with all appllcable provisions of the Santa 2) Permitted use as part of a vertical mixed use program, with upper floor residential Ana Municipal Code
3) Perm litcd only as part of a mixed use project with a commercial or residential component LUC Use is permitted subject to the approval of a Land Use Certificate 4) Parking facilities must comply with building frontage standards CUP Use is permitted subject to the approval of a Conditional Use Permit SPR Use is permitted subject to the approval of a Site Plan Review N use not permitted In district
October 2C14 EXHIBIT A 3- 3
i
Case 8: 23- cv 00504 Document 1- 3 Filed 03/ 20/ 23 Page 70 of 76 Page ID #: 136 CHAPTER 7: Administration and Implementation
Accounting, auditing and bookkeeping services Setback: The area of a lot measured from a lot line to a building facade or Advertising agencies elevation that must be maintained clear of permanent structures excepting Attorneys galleries, fences, garden walls, arcades, porches, stoops, balconies, bay Business associations, chambers of commerce windows, and terraces which are permitted to encroach Into the setback Commercial art and design services
subject to the standards established in Chapter 3 of this Specific Plan.

Construction contractors( office facilities only) Shared parking( joint use or park- once policy): An accounting for parking r Counseling services spaces that are available to more than one function. The requirement is based Court reporting services on a range of parking demand found in mature, mlxed- use centers. The shared Detective agencies and similar services parking ratio varies according to multiple functions In close proximity unlikely Design services including architecture, engineering, landscape to require the spaces at the same time. This approach to parking uses the architecture, urban planning following types of parking In combination to achieve a balanced and distributed Educational, scientific and research organizations supply of parking: off-street( surface lots and garages), on- street( parallel and Financial management and investment counseling
diagonal).
n
Literary and talent agencies Shopkeeper: A unit that contains space on the ground floor for use and Management and public relations services operation by a retail merchant or tradesman along with residential space on Media postproduction services the upper floor( s) that can be occupied by the same shop operator or a different News services resident. The residential and commercial components each have separate, u Photographers and photography studios dedicated entrances. See also' Live-Work' m Political campaign headquarters
Shopfront: See' Frontage Types'
Psychologists
Secretarial, stenographic, word processing, and temporary clerical Single family dwelling. A residential building containing one ormorehabitable employee services rooms with only one kitchen, designed for occupancy by one independent u Security and commodity brokers household unitwith common access to, and common use of all living, kitchen Writers and artists offices and bathroom areas.

Paseo: a
public place or path designed for walking; promenade, Stacked Dwellings: See' Building Types' Pedestrian- friendly: The practice of addressing the needs of people, once Stoop, See' Frontal Types' out of their automobiles, through a series of Interdependent urban design and streetscape principles( e. g., wide sidewalks, street trees and shade, en- street Story: A habitable level within a building from finished floor to finished ceiling:
parking, outdoor dining, inviting storefronts, the feeling of being In an' outdoor Attics and basements, as defined by the California Building Code( CBC) are room', short crosswalk distances, interconnected and short blocks). 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 Personal services: Establishments providing non- medical services to when the finished floor level directly above a basement or cellar is more than Individuals as a primary use. Examples of these uses include: six feet above grade, such basement or cellar shall be considered a story.

Barber, nail salons and beauty shops Streetscape: The urban element that provides the major part of the public w Clothing rental realm as well as paved lanes for vehicles. A streetscape Is endowed with two N Dry cleaning pick- up stores with limited equipment attributes: capacity and context. Capacity Is the number of vehicles that can Home electronics and small appliance repair move safely through a segment within a given time period. It Is physically Locksmiths manifested by the number of lanes and their width, and by the curb radius.

Pet grooming with no boarding studio: A workplace of one or more individuals who are engaged in the Shoe repair shops production of art, such as fine and fiber arts, lithography, calligraphy, Tailors 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 These uses may also Include accessory retail sales of products related to the use, as defined on Section 41- 191 of the SAMC is not allowed. Uses meeting Services provided. the definition of artisan/ craft product manufacturing shall be deemed an Personal services- restricted: Personal services that may tend to have a artisan/ craft product manufacturing use.
blighting and/ or deteriorating effect upon surrounding areas and which may Tandem parking stall: Two or more parking spaces arranged one behind the need to he dispersed to minimize their adverse impacts. Examples of these other. uses include:

Thoroughfare: A vehicular way incorporating moving lanes and parking lanes Laundromats ( self- service laundries), which shall comply with the ( except alleys/ lanes which have no parking lanes) within a right- of- way. development and performance standards set forth in Section 41- 199 of the SAMC Traffic calming: A set of techniques which serves to reduce the speed of Massage establishments( licensed, thorapeutic) as defined on Section traffic. Such strategies include lane- narrowing, on- street parking, chicanes, 41- 1751. 1 of the SAMC. Mgssac, eestablishments shall comnlvwith Article yield points, sidewalk bulge- outs, speed bumps, surface variations, mid-block XVILI of Chapter41 of the SAMC. deflections, and visual clues. Traffic calming is a retrofit technique unnecessary Pawnshops when thoroughfares are correctly designed for the appropriate speed at initial Planter: The layer of the streetscape which accommodates street trees. construction.

Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood. Transit- oriented development: Compact, higher intensity development that includes uses supportive to transit; i. e„ residential uses that increase ridership Podium: A continuous raised platform supporting a building, er a large block and transit efficiency or commercial uses that serve transit users. Its structure of two or three stories beneath a multi- layer block of a smaller area, creates nodes at an efficient spacing for mass transit. These nodes are mixedPorch: see' Frontage Types' use areas limited in extent by walking distance to the transit stop.

Transition line: A horizontal line, the full width of a facade expressed by a Religious facility: see' Community Assembly' material change or by a continuous horizontal articulation such as a cornice Residential development: The addition of new residential units or the cr a balcony.
conversion of apartments to condominiums.

Tuck- Under Housing: See' Building Types'
Residential unit: Any single- family home; any separate occupancy unit in Zaguan: A covered pedestrian passage between courts of one to two rooms in a two- family or multifamily dwelling building; any live- work unit; and any depth and one story in height, other structure designed for human occupancy which contains a kitchen.

However, this excludes any other building or structure designed or intended to he occupied or used for business or commercial purposes, such as sleeping roams In hotels and motels without kitchens or kitchen facilities.

Rowhouse: See' Building Types'
October 2014 7- 5
Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 71 of 75 Page ID #: 137 TRANSIT ZONING CODE Uses Permitted
Sec. 41- 2007. Uses Permitted. Table 2A- Use Standards
a) Allowable Land Use Types. A parcel or bul Id
Ing within the Specific Development area shall Permif Required. by Zone be occupied by only the land uses allowed by Land Use Type the table entitled Use Standards ( hereinafter
Use Standards Table) within the zone applied to
UN- 2 UN- 1
the site by the Regulating Plan.

Re erYo Key to Zone ym o s to eon ollowing page for zone description and use notations b) Garage sales are allowed in compliance wlth
Section 41- 193.

RESIDENTIAL
c) Temporary outdoor activities are allowed In
compliance with Section 41- 195. 5. Live- Work Use/ Joint living- working quarters P( 2) P( 2) P( 2) P( 2) CUP TrUPup d) Youth amusement rides are permitted in
Ls -
µwm
m
CUP CUP- CUP CUP- CUPL.

W
compliancewlth Section 41- 366 for C1 districts. Single Dwelling N ry Y - m- _ -- µ- p ! P
MulYl- Family Dwelhngs•- -_ P( 1)_ P( 1) P( 1) - P( 1)• " P `. P e) Drive- through facilities shall not be permit- ..
uI ellln
ted.

Sec. 41- 2008. Operational Standards.

RECREATION, EDUCATION AND ASSEMBLY
a) All property shall be maintained In a safe,
1 Y
CU .
sanitaryand attractive condition Including, but Community assembly P( 1) P( 1) P( 1) - P CUP CUP not limited to, structures, landscaping, parkin Health/ fitness facility P T_

P P P P -
areas, walkways, and trash enclosures.

Library,
e_
mAe-^^ __..

P( 1}
w _
P _ museum »_. _.__.____
W..._ _ ___

P P P P P CUP
b) All business activities shall be conducted Schools p(1) P( 1) _ P CUPand located with In an enclosed bu ild Ing, except _....»...:_....-."...........__.,.._. CUP11 as allowed by Section 41- 195 of he SAMC Studio
Ate, e _ •,
P
m
P
vP P - CUP- CUP
and except that the following business activiTheater, cinema or performing arts P P r v
P P
ties may be conducted outside of an enclosed d•-.d."•= ---•___-. _ __- - -_•_ - building: Commercial Recreation( lndoor) CUP CUP CUP
1) Newsstands
2) Flower Stands
c) There shall be no manufacturing, processing,
compounding, assembling or treatment of any RETAIL
material or product, other than that which Is
dearlylncldentaltoaparticularretail and serGeneral retail, except with anyofthefollowingfeatures P P PI . P P( 2) vice general enterprise, and where such goods -
Eating
l _.-.., _
A e'
g
Floor area over 20,400 per tenant CUP CUP P --- CUP --- are sold an the premises.
r.._..__.....
establishments P P P P P( 2)(
d) There shall be no work Inside of a structure rvice
that generates nose that exceeds 60 dB CNEL
Auto ormoYorvehidese ,• -.,_
WYu-.... me_ _.__-"•
measured at the exterior wall of the unit,
e) Storage of goods and supplies shall be limIted to those sold at retail on the premises or utilized In the course of business. SERVICE GENERAL
f) Public utility structures, Including electric
Banquet facillty/ catering- sub. to41. 199. 1( a) through( dl_ CUP CUP CUP CUP( 1) Y distribution and transmission substations shall Child day care- more than 8 and up to 14 children P( 3) ^ P( 3) _ P P LUC( 2) LUC be screened by a solid wall at least eight( 8) feet ---•-------'--"'-"-"'""-"""""'-'""""'-"' -"""""" high, except as restricted by Sections 36- 45, Child day care center P( 3)- P( 3) P P CUP CUP 36- 46, and 36- 47. Adult day care center- subject to 41. 199.22 of the SAMC P( 3) P( 3) p P P --- g) Any activity permitted shall be conducted Hotel, excl. transient residential hotel and long term stay _ P _ .. P P W _-
P
s - -
In such a manner as not to have a detrimental Mortuaries, funeral homes CUP P --- effect on permitted adjacent uses by reason of -- - - ------ --- refuse matter, noise, light, or vibration.

Personal services _
M _......_®__._.. m_._........_ P _P P-_ . wP . P( 2) P( 2) Personal services- restricted CUP CUP CUP ---
h) Small scale industry uses shall require a
Tattoo/ Body Art Establishments- subject to41. 1993oF soild wall or fence not less than eight( 8) feet In P P P P the SAMC
heightalong any rear or side lot line. m,..._____. u.._...»....... :..........._.____..._..®...__.-.. __.._._..._.....,_._,...... ._.._....... . m.:_.-.. __.._..__._._._.__...
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.
2: 3 TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT 34 EXHIBIT B
City of Santa Ana, California
Case 8:23- cv- 00504 Document 1- 3 Filed 03/20/ 23 Page 72 of 76 Page 1D #: 138 Uses Peemitted, cont' d
TWe 2A- Use Standards
Permit Required by Zone k) No business activity that generates noise or Land Use Type vSb vat ion shall be conducted between 8: 00 p. m. and UC R°' UN- 2 UN- 1 7: 00 a. m. Monday through Friday and 8:00 p.m, and 10:00 a. m. Saturday and Sunday.
1) Operational standards for automobile servicing.

SERVICES- B US INES S- FINANCIAL-PRO F ESS IONAL
r -----
w- -
r 1) No automobile servicing shalt be con4Rank, financial services P P P I P ducted before 7:00 a. m, or after Be00 p.m.

Buslnesssupportservlce
mm
Monday through Friday and before 10: 00 P P P P P( 2) P( 2) a. m. or after 13: 00 p. m. Satruday and Sunday,
Doctor, deent
Cllnic, care urg

CUP P --- ---
A... 2) All work shall be conducted Inside an
cto ntlst, chiropractor, etc, office PO) W) P{ 1) P enclosed structure.

Extended care , P ., P P P .._ CUP.
3) Outdoor or overnight vehicle storage Is not
Professional/ administrative/ service office P( 1} P( 1) M
P( 1} - ~ P P( 2) P( 2) permitted.

SMALL SCALE INDUSTRY
Artisan/ craft product manufacturing CUP YCUP CUP CUP --- Furniture and fixture manufacturing, cabinet shop P( 3)- --- ® P( 3) Laboratory- medical- analytical .. _
m, m -
P( 1)
W z
P( 1) P - ---
Manufacturing- IIghY P( 3) - P( 3) y-- CUP- ---
Media production- office or storefront type( no sound stage) P P P( 1) --- -- --- Printing and publishing P{ 1} P
Research and development--
YWW1_
P( 3) --- _ P( 3) -
aCUP --

TRANSPORTATION, COMMUNICATION,

INFRASTRUCTURE
Heil5tops •
y® -
CUP CUP — -- - FParking facility- public or commercial TTT._. _ _ ...
p._ P P P
Transit station or terminal CUP -- -- CUP --- ---
Public utility structure, excluding wireless comunica- _- _ __- --_

CUP ---
tion facilities

MISCELLANEOUS
Any structure over four( 4) stories in height _ SPR SPR SPR_ SPR SPR m ---
Businesses operating between 12 and 7 am _ CUP CUP CUP vCUP aCUP CUPm Alcoholic beverage sales or consumption CUP CUP _ CUP - CUP CUP --_ Key to Zone Symbols
TransitVlliage_____ Corridor
Downtown UN- 2 Urban Neighborhood 2
i
Urban Center UN- 1 Urban Neighborhood 1
Key
P use is permitted subject to compliance with all appli1) Use permitted only an second or cable provisions the Santa Ana Municipal Cade
upper floors, or behind retail or service ground floor use. LUC use Is permitted subject to the approval of a Land Use Certificate.
2) Permitted only as part of a vertical
mixed use project, with upper floor CUP use is permitted subject to the approval of a residential Conditional Use Permit.
3) Permitted only as part of a mixed use SPR use is permitted subject to the approval of Site Plan project with a commercial or res) den- Review.
tial component
use not permitted In particular zones.

TRANSIT ZONING CODE 2:4
SPECIFIC DEVELOPMENT 84
City of Santa Ana, California
Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 73 of 76 Page ID # J39 TRANSIT ZONING CODE: l] efinition5, cont' d.

Light Manufacturing: The manufacture or assembly of products from previously Paseo: a public place or path designed for walking; promenade. treated material where no impact is created to the adjacent uses and no hazardous materials are used in the production of such products. The maximum number of Pedestrian First: The practice of addressing the needs of people, once out of their employees shall be 10. Examples of light manufacturing include: automobiles, through a series of interdependent urban design and streetscape principles( e. g., wide sidewalks, street trees and shade, on- street parking, outdoor athletic equipment
dining, inviting storefronts, the feeling of being in an` outdoor room', short crossbakeries walk distances, interconnected and short blocks). camera, photo equipment
clothing Pedestrian Shed: An area defined by the average distance that may be traversed at electronics
an easy pace from its edge to its center in approximately 5 minutes. This distance musical instruments is used to determine the size of a neighborhood. This dimension averages one optical goods quarter of a mile or approximately 1, 400 feet for generally flat terrain, woodworking( limited)
Personal Services: Establishments providing non- medical services to individuals Lined Block: See' Building Types'
as a primary use. Examples of these uses include:

Live/ Work: See' Building Types'
barber, nail salons and beauty shops
clothing rental
Lot Width: The frontage of a parcel whichan is used to identify the parcel for street dry cleaning pick stores with limited equipment
address purposes.
home electronics and small appliance repair
locksmiths
Media production: An establishment dedicated to the production ofvisual pet rooms s
with no boarding
shoeg repair shops
and audio mass media, including television, films, videos, video games, tailors mobile devices, Internet and digital Interactive media, but excludes magazines, These uses may also include accessory retail sales of products related to the sernewspapers, and periodicals. vices provided.

Mixed- Use Building: A structure lawfully containing residential and non- residential Personal Services- Restricted: Personal services that may tend to have a blighting uses, and/ or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples ofthese uses include:

Multi- Family Builcing: A residential structure lawfully containing two or more dwell- laundromats( self- service laundries). Laundromats shall complywith the leveling units. opment and performance standards set forth in Section 41- 199. massage establishments( licensed, therapeutic) as defined on Section Net Developable Area: The private area defined by blocks which is not to remain 41. 1751. 1 ofthe SAMC Massageestabliahments shrill cornulv with Article XVfLI for public uses such as Plazas, Greens, Squares, Thoroughfares or Streetscapes. ofChai41 of the SA2v1C.

Office: These do not include medical offices( see Clinic, Urgent Care," and" Doctor, Pawnshops
dentist, chiropractor, etc, office.") Planter: The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within 1, Service. Establishments providing direct services to consumers. Examples the neighborhood. ofthese uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, Podium: A continuous raised platform supporting a building, or a large block of etc. This use does not include" Bank, Financial Services," which is separately two or three stories beneath a multi-layer block of a smaller area. defined.

Porch: see' Frontage Types'

2. Administrative. Office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other private Frontage: The privately held layer between the frontage line and the princomputer- dependent or telecommunications- based activities. Examples of cipal building facade. The structures and landscaping within are held to specific these uses include: standards. The variables of Private Frontage are the depth of the setback and the airline, lodging chain, and rental car company reservation centers, not combination of architectural elements such as fences, stoops, porches and gallerincluding retail travel agencies ies. These elements influence social behavior in the public realm. The Frontage computer software and hardware design and development layer may overlap the public streetscape in the case of awnings, Galleries and consumer credit reporting
Arcades.
data processing services
health management organization( HMO) offices where no medical services Research and Development: A quasi- industrial facility where creative work is are provided undertaken on a systematic basis in order to increase the stock of knowledge geninsurance claim processing erally in the fields of medicine, scientific instruments, safety- critical mechanism or mail order and electronic commerce transaction processing high technology. These facilities may include pilot plant operations as an ancillary telecommunications facility design and management use, which shall not exceed 25 percent of the floor area. A facility providing full telemarketing scale production shall be deemed a manufacturing use. 3, Professional. Office-type facilities occupied by businesses that provide Rowhouse: See` Building Types' professional services, or are engaged in the production of intellectual property.

Examples of these uses include: Setback: The area of a lot measured from a lot line to a building facade or elevation accounting, auditing and bookkeeping services that must be maintained clear of permanent structures excepting galleries, fences, advertising agencies garden walls, arcades, porches, stoops, balconies, baywindows, and terraces which attorneys are permitted to encroach into the setback subject to the standards established in business associations, chambers cf commerce
Division 3 of this Article.
commercial art and design services
construction contractors( office facilities only) Shared Parking( Park- Once Policy): An accountingfor parking spaces that are availcounseling services able to more than one function. The requirement is based on a range of parkingcourt reporting services demand found in mature, mixed- use centers. The Shared Parking ratio varies detective agencies and similar services according to multiple functions in close proximity unlikely to require the spaces design services including architecture, engineering, landscape architce at the same time. This approach to parking uses the following types of parking ture, urban planning in combination to achieve a balanced and distributed supply of parking; off-street educational, scientific and research organizations surface lots and garages), on- street( parallel and diagonal). financial management and investment counseling
literary and talent agencies
Shopfront: see' Frontage Types'
management and public relations services
media postproduction services Stacked Dwellings: See' Building Types' news services
photographers and photography studios Stoop: see` Frontage Types' political campaign headquarters
psychologists Story: A habitable level within a building from finished floor to finished ceiling:
secretarial, stenographic, word processing, and temporary clerical Attics and basements, as defined by the California Building Cade ( CBC) are not employee services considered a story for the purposes of determining building height and are subsecurity and commodity brokers ject to the applicable requirements of this code and the CBC, except for when the writers and artists offices 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. 7; 3 TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT A4
City of Santa Ana, California
Case 8, 23- cv-00604 Document 1- 3 Piled 03/ 20/ 23 Page 74 of 76 Page ID #; 140

EXHIBIT C

4. 1 LAND USES
The MEMU Overlay Zone sets forth specific uses to made by the Executive Director of Planning that the be allowed within each district, as shown in Table 3, proposed use is compatible with the overall intent and subject to a MEMU Site Plan Review approval by the character of the MEMU Overlay Zone as specified in Planning Commission. Any use that is not specified as Section 41- 601( c) of the Santa Ana Municipal Code permitted or conditionally permitted within the MEMU ( SAMC).

Overlay Zone is prohibited unless a determination is
a_ ® e .• e x
C
om .a of Special Provisions( references to other
0: 1C a
applicable code sections or
2 e
o
O limitations)
z > a
Residential Uses
Live/ Work Units P P P N Subject to Sec. 4. 1. 2 of this division Multiple- Family Residential P P P N Subject to Sec. 4. 1. 3 of this division Non- Residential Uses
Art galleries and studios including, but not limited to:
photography; fine art; fiber art, printing, lithography, and P P P P calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments,( cafes, restaurants) P P P P CUP for liquor sales, after hours operation Bakeries P P P P
Retail and Service uses P P P P
Medical and Dental offices P P P P
Professional, administrative and business offices P P P P Child care faclliiles Dovcore centers P P P P
Gymnasiums and health clubs N P P CUP
Hotels N P P CUP
Indoor/ outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious institutions CUP CUP CUP CUP
Schools N P P N
Message estabEshments N CUP CUP N Suhieci to Article XVII. I of Chapter 41 of the SAMC Tattoo establishments N P P N Subject to Sec. 41- 199. 3 of the SAMC Temporary outdoor activities LUC LUC LUC LUC I
Subjectto Sec. 41- 195. 5 ofthe SAMC
Theaters and cinemas N P P P
Use/ Operational Standards
Drive through establishments N N N N
Q-Se' o
oneI„
8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page ' 75 of 76 Page ID # 141 OW

CITY OF SANT'A ANA
Planning and Building Agency
20 Civic Center Plaza. P. O. Box 1988
Santa Ana, Cal' lfornia 92702
www. santa- ana. org/ pba

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

The City of Santa Ana encourages the public to participate in the decision- making process.

The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.

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

Proposed Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2022- 03 to update various sections of Chapter 41 ( Zoning) of the Santa Ana Municipal Code ( SAMC) related to family daycare, regional planned sign program regulations, massage establishments, medical offices operated in the professional zone, retail uses in industrial zones, trash bin enclosures, Urban Lot Split and Two- Unit Developments standards, various use definitions, regulation of noxious uses, regulation of electric fences, synthetic turf, and clarifications to permitting standards for light processing facilities.

Environmental Impact: Pursuant to the California Environmental Quality Act (" CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061( b)( 3) and 15061( b)( 5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022- 73 will be filed upon adoption of this ordinance.

Meeting Details: This matter will be heard on Tuesday, January 17, 2023, at 5: 45 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.or / cc/city- meetings.

Written Comments: If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e- mail at ecomments Santa- ana. or ( reference " City Council meeting") by 12: 0.0 p. m. on Monday, the day before the meeting; a- mails received after said time will be on file for public viewing the day after the meeting.

Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City' s website the Tuesday before a Council meeting at: https:// www. santaana. orqlcc/ city- me tin s.

Case 8: 23- cv- 00504 Document 1- 3 Filed 03/ 20/ 23 Page 76 of 76 Page ID # A42 Who To Contact For Questions: Should you have any questions, please contact Ricardo Soto with the Planning and Building Agency by phone at ( 714) 667-2793 or by email at RSotoCcDsantaana. org.

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

Si tiene preguntas on espanol, favor de Ilamar a Kelly Arcadia-Tajonar all ( 714) 647-5881.

Neu can lien lac bang tieng Vi6t, An dien thoai cho Tony Lai so- (714) 565- 2627.

Norma Orozco
Acting Clerk of the Council
Publish Orange County Reporter- Legals Section;
Date: January 6, 2023
Case 8: 23- cv- 00504 Document 1- 4 Filed 03/ 20/ 23 Page 1 of 10 Page ID #: 143 Exhibit
Case 8: 23- cv-00504 Document 1- 4 Filed 03/ 20/ 23 Page 2 of 10 Page ID #: 144 February 8, 2023
Via Hand Delivery hare
Han. Valerie Amezcua, Mayor Our
Hon. Members of City Council Selves
Ms. Normal Orozco, City Clerk
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Proposed Ordinance 2022- 03
Dear Mayor, Members of the Council, and Ms. Clerk,
I currently serve as the chairperson of the board of directors of Share Our Selves SOS"). On behalf of SOS, and medical providers impacted by this matter, I would respectfully request that the City Council not proceed today to provide final approval of Ordinance 2022- 03 ( the " Ordinance").

For the reasons stated below, we at SOS believe that the Ordinance is flawed and needs to be sent back to staff for further review and revision to eliminate its unfair and discriminatory treatment of federally funded, non- profit community health centers, such as SOS and the predominantly Hispanic and Latino individuals it serves in Santa Ana.

In this regard, I would kindly ask that the public hearing on the Ordinance be reopened so that I and others supporting SOS be allowed a meaningful opportunity to present our concerns regarding the Ordinance to the Council. As explained below, SOS does not believe that the public notice for the Ordinance was adequate because, among other things, the notice did not alert either non- profit or for-profit medical offices in the City's Professional district that they might be considered to be " government-subsidized" entities that would be subject to the new CUP requirement in the Ordinance if they accepted any federal funds for treating patients on Medicare, for example.

We believe that, if that message had been communicated to the public at large, there would have been a lot more people speaking in opposition to the Ordinance on January 17, 2023. As it was, not a single person from the public spoke either in favor of or in opposition to the Ordinance on January 17. That underscores the fact the notice was deficient and helps to explain why representatives of SOS were not in attendance at the hearing on the 17th.

Although we believe that the Ordinance should be reworked to eliminate the deficiencies listed below, it should, at a minimum, be clarified to provide that it will not Case 8: 23- cv-00504 Document 1- 4 Filed 03/ 2.0/ 23 Page 3 of 10 Page ID #: 145 apply to any planning application that has been submitted before the Ordinance takes effect, such as the Major Remode[ Application ( the "Application") that SOS' s working partner, Turner Healthcare Facilities Acquisition LL.0 ("Turner"), initially submitted to the City on December 22, 2022, and then resubmitted on February 6, 2023, relating to the proposed remodeling of the commercial office building located at 2670 North Main Street in Santa Ana (the "Property") to provide SOS with a new, expanded outpatient clinic (the "Project").

Unless the Ordinance is clarified so that Turner' s Application is grandfathered in, and the. new CUP requirement for government- subsidized, non- profit medical offices will not apply to that Application, the benefits of the Project will be lost because the seller of the Property is not willing to provide additional extensions of time to close escrow on the purchase of the Property for the time that it will flake to obtain a CUP for the Project. To lose the Project-- which will bring $ 34 million in construction jobs and resources into the City and will generate at least 120 permanent jobs at the new clinic---would be a tragic outcome for SOS, the City, and its residents,
Over the past year, from March 2022 to the present, Turner and SOS have spent hundreds of hours and hundreds of thousands of dollars in preparing plans and meeting with City staff regarding the Project. Now, however, the very life of the Project hangs in the balance and SOS implores the Council to save the Project by either sending the Ordinance back to staff to be revised or clarifying that the Ordinance, in its present farm, will not apply to Turner' s Application relating to the Project.

Facts Regarding SOS And Its Status As A Regulated Acient of the Federal Government.

SOS is a non-profit corporation and community health center that was founded in 1978 for the express purpose of implementing the Directives of the Catholic Bishops of the United States in offering a broad spectrum of services and resources to help those in need. For the past 53 years, has delivered high- quality, accessible, and affordable health care services to individuals and families throughout Orange County.

In 201. 2, SOS was designated as a Federally Qualified Health Center(" FQHC") and it currently provides health services to children, adults, and seniors as well as comprehensive care at its four medical locations in Costa Mesa, Santa.Ana, Mission Viejo, and Newport Beach. For the last 13 years, SOS has been serving the Santa Ana community at its FI Sol Wellness Center located at 1014 North Broadway. Last year in Orange County, SOS provided care to over 14, 000 unique patients in connection with approximately 43, 000 medical and dental visits.

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Case 8: 23- cv-00504 Document 1- 4 Filed 03/ 20/ 23 Page 4 of 10 Page 1D #: 146 Of the patients served by SOS, over 79% are of racial and/ or ethnic minority backgrounds. 67% percent identify as Hispanic or Latino, 97% percent of SOS' patients are at or below 200% of the Federal Poverty Guideline, while 53% are at or below 100% of the Federal Poverty Guideline. Additionally, 57% of patients are covered by Medi-Cal and/ or Medicare, and 24% of the patient population is uninsured.

FQHCs are regulated by the Health Resources and Services Administration HRSA) of the United States Government. FQHCs receive an annual grant from HRSA for each approved site at which services are provided. In addition, FQHCs receive a higher reimbursement rate for seeing Medicaid ( MediCal) patients than do hospitals, non- FQHCs, or practitioners.

In exchange for the HRSA grant and higher reimbursement rate, FQHCs must provide cradle to grave primary care services and must accept all patients regardless of insurance status or ability to pay. F" QHC' s are also required to establish " sliding scale" fees for uninsured patients based on an assessment of the patient' s income relative to federally adjusted poverty line which takes into consideration the size of the individual' s household among other factors. FQHCs are required to charge at least a" nominal fee" regardless of how low an individual' s income may be_
The Public Health Service Act provides that eligible community health centers and their employees are employees of the federal Public Health Service (" PHS") for certain purposes. The Secretary of Health and Human Services deems a community health center to be a PH employee after the center has qualified for certain federal assistance. Once a community health center is deemed a PHS employee, it enjoys immunity from those acts that relate to its employment, and any actions against it are treated as actions against the United States. Furthermore, for an FQHC receiving funds under 42 U. S. C. § 254b, any officer, governing board member, or employee of such an entity . . . shall be deemed to be an employee of the Public Health Service for purposes such as immunity from liability for medical malpractice, etc.

There is, therefore, a direct agency relationship between FQHCs, such as SOS, and the federal government. An Ordinance being considered for adoption by the Council would interfere and conflict with the accomplishment and execution of the full purposes and objectives of Congress, particularly with respect to providing health care to underserved populations. This fact alone presents serious issues concerning the Ordinance.

Facts Regard in SOS' s Proposed Expansion Proiect.

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Case 8: 23- cv-00504 Document 1- 4 Filed 03/ 20/ 23 Page 5 of 10 Page ID #: 147 In the fail of 2021, SUS identified significant unmet need for its services in Santa Ana, where it currently operates the El Sol Wellness Center on Broadway. Given the unmet demand, SOS decided to expand its outpatient clinic capacity by replacing its existing facility with a larger one. In February 2022, Turner and SOS signed a Term Sheet outlining the business terms for a longterm " triple net" lease of the Property to SOS as the tenant to operate a healthcare facility.

In March 2022, Turner entered into a purchase and sale agreement to acquire the Property and to lease it to SOS upon approval of remodeling plans by the City. The intended lease between Turner and SOS would include a purchase option which would provide SOS with the right to purchase Turner's interest in the Property.

The Property is improved with an 18% occupied three-story, 44,066 square foot commercial office building with 139 surface- parking spaces. The proposed Project involves interior tenant improvements to accommodate medical office uses, including primary care, dental, vision, and pharmacy services. The Property is located in Zone P:

Professional, which, according to the January 17, 2023 Staff Report for the Ordinance allows for-profit medical offices "lay right,"
The Unintended @t Seriou Cc sr quencea Of,,,,,,,._ Tho Ordinance, The City has not given due consideration to the implications and potential consequences of the Ordinance. First, on its face, the Ordinance purports to subject medical offices operated by" government entities," i. e., by the United States Government or the State .of California, to the City's zoning regulations, but the use of land owned by the U. S; or any state, such California, is never subject to the land use regulations of a city or county. This protection also extends to the agents of state and federal governments that are.directly implementing the goals, objectives, and programs of such governments.

Secondly, the Ordinance purports to require a CUP for any medical offices that are operated by any entities that the Ordinance refers to by the overly- broad and vague term "government- subsidized." As such, any medical office that accepts Medicare, Medicaid, Medl- Cal, or government= subsidized insurance would appear to qualify as a government- subsidized" entity under the current language of the Ordinance. The same would be true of any office that accepted any PPP loans, any Small Business Association loans, any government subsidized malpractice insurance, or any other Kind of grants or loans from the state or federal governments.

Unless they were willing to apply for a CUP, the Ordinance would essentially prevent and discourage the owners of any for-profit medical offices in the Professional Share Our Selves 4 1 P a g e
Case 8: 23- cv-00504 Document 1- 4 Filed 03120I23 Page 6 of 10 Page ID #: 148 district from applying for or accepting these sorts of grants or subsidized loans, or from accepting payment from patients eligible for Medicare, Medicaid, Medi- Cal, or state subsidized insurance, Since it is hard to imagine that there are any medical offices in the P district that do not accept at least one of these forms of government subsidies, the Ordinance as currently drafted would have an immediate and devastating impact can the ability of medical offices in Santa Ana to serve the City's residents, particularly senior citizens.

This would appear to be one of the many" unintended consequences" of approving the Ordinance and it clearly requires the Ordinance to be sent back to staff for further review and revision. Indeed, in the spreadsheet on page 3 of the January 17, 2023 Staff Report for the Ordinance, it appears that staff intended to distinguish between for-profit and non-profit medical offices and did not anticipate that the CUP requirement would apply to for-profit medical offices simply because they might, for example, serve patients covered by Medicare. This ambiguity caused by the vague language of the Ordinance is fatal to its enforcement, and the Ordinance needs to be sent back for further analysis and resolution_
Moreover, because the Ordinance as presently drafted could potentially sweep in all medical offices and discourage them from receiving federal subsidies in order to avoid the CUP requirement, the Ordinance would impermissibly frustrate the purpose of the various state and federal government programs that provide all these farms of financial assistance.

This Ordinance will likely have even more severe consequences that the City has not considered. Notably, the City receives millions of dollars of government grants and subsidies; The Staff Report and City Council discussions to date have not considered whether or not explicit discrimination against government medical programs might jeopardize the funding that the City receives itself. SOS submits that, when state and federal agencies learn that the City is directly interfering with the implementation of their health and welfare programs, they may withheld andlor cancel any more funds provided to the City.

Additional Deficiencies Invalidating the Ordinance.

In addition to the infirmities discussed above, the Ordinance is subject to the following deficiencies that render the Ordinance invalid:

1. Without any rational basis, the Ordinance unlawfully discriminates between forprofit and non- profit medical offices, allowing the former to operate " by right," but requiring the latter to apply for a discretionary CUP which could be denied following a Share Our Selves 6 1 P a g e
Case 8: 23- cv- 00504 Document 1- 4 Filed 03I20123 Page 7 of 10 Page ID #: 149 public hearing. As such, the Ordinance violates the equal protection clauses of both the U. S. and California Constitutions to the extent that it discriminates between similarlysituated medical offices (for-profit and non-profit) for the illegitimate purpose of regulating how, when, and where non- profit FQHC' s, like SOS, can serve poor and homeless minority clients.

2. The Ordinance' s unequal treatment of for-profit and non-profit medical offices clearly shows that the ordinance improperly targets the client base served by non- profit entities like SOS. A neutral law found to have a disproportionately adverse effect upon a minority classification will be deemed unconstitutional if that impact can be traced to a discriminatory purpose, i. e., an intent to discriminate against a. particular individual or class of individuals. Discrimination that involves a suspect class requires the City to show a compelling governmental interest to justify such action and the Ordinance points to no such interest.

3. City staff has publicly reported to the Council that the reason for requiring a nonprofit medical office to obtain a CUP is so that the City can "ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods." Obviously, the City does not feel that forprofit medical offices raise the same kinds of concerns and thus such businesses do not need to apply for a CUP. The clear implication, therefore, is that non- profit medical offices tend to attract a certain type of" clientele" that the City views as not being compatible" with "character" of surrounding neighborhoods. That implication has racial and ethnic overtones, considering that the clients that would potentially be served by SUS at the new location in Santa Ana would be mainly persons identifying as Hispanic/ Latino; African- American, or other ethnic minorities. Those overtones, in turn, would constitute invidious discrimination in violation of the U. S. and California Constitutions,

4. As a community health center, SOS is one of the intended beneficiaries of a multi-million, multi-year grant from the U. S. Department of Health and Human Services, Office of Minority Health for" Advancing Health Literacy to Enhance Equitable Community Responses to COVID- 10." The City also receives funds from the federal government relating to various federal programs, including, but not limited to, the Community Development Block Grant Program, and the Home Investment Partnerships Program. The express terms of these federal grants, as well as other federal laws, including 42 USC §2000d (" Title VI") and the Civil Rights Remedies Equalization Act Share Our Selves 6 1 p a g
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Case 8: 23- cv-00504 Document 1- 4 Filed 03/ 20/ 23 Page 8 of 10 Page ID #: 150 prohibit the City, as a recipient of federal funding, from engaging in discriminatory conduct. The Ordinance is discriminatory on its face in that it subjects FQHCs, like SOS, to unlawful disparate treatment based on the fact that it primarily serves racial and ethnic minority patients. In. that regard, the Ordinance is also discriminatory in that it will have a disparate impact on such racial and ethnic minority populations served by SOS.

5. A local police power ordinance is invalid if it is arbitrary, discriminatory, unreasonable, oppressive, not substantially related to the public health, safety or welfare or only marginally serves legitimate purposes while infringing on personal interests protected under due' process standards_ Federal and state law provides that cities and counties may not, gnder the guise of the police power, impose restrictions that are unnecessary and unreasonable upon the use of private property or the pursuit of useful activities. Given that the operation and control of FQHCs are legitimate activities in which the federal and state have a considerable interest, the City' s unilateral efforts to restrict those activities pursuant to the Ordinance is an improper exercise of its police power and amounts to bad faith.

6. The Ordinance impermissibly discriminates on the basis of disability and violates the Americans with Disability Act in at least three ways: ( a) by distinguishing between medical offices specializing in treatment of addiction and all other forms of medical treatment, and imposing special burdens on medical treatment for addiction not applicable to other forms of medical treatment, ( b) by preventing disabled individuals who, due to their disability, are reliant on government or charitable assistance from accessing health care on the same terms and in the same medical offices as other patients, and ( c) by effectively prohibiting medical offices that have not obtained CUPS from assisting disabled patients who, due to their disability, are reliant on government subsidized forms of payment.

7. The Ordinance impermissibly discriminates on the basis of age, because individuals over 65 qualify for Medicare, and the Ordinance imposes special burdens on facilities that will accept Medicare payments, and prevents medical offices that have not obtained a CUP from serving patients paying through Medicare ( i. e. virtually everyone over 65).

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Case 8: 23- cv-00504 Document 1.- 4 Filed 03/ 20/ 23 Page 9 of 10 Page ID #: 1. 51

8. The Ordinance impermissibly discriminates on the basis of source of payment, and is subject to state and federal preemption, because there are numerous state and federal statutes and regulations forbidding payment discrimination in health care contexts, establishing a clear public policy against source of payment discrimination This gives rise to unlawful discrimination under the U. S, and California Constitutions, as well as state and federal statutes.

9. The Ordinance is internally inconsistent and violates CEQA. Specifically, the Ordinance relies on Sections 15060( c)( 2) and 15060( c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a" project", as defined in Section 15378 of the CEQA Guidelines. However, contrary to these conclusions, the Staff Report for the ordinance indicates that the changes are intended to" create a user friendly environment," and recognizes that the changes duplicate those made in the City' s 12/ 20/ 2022 Urgency Ordinance. The Staff Report for that ordinance explained that the changes were required to "address current and immediate threats to the public health, safety, or welfare," and that the absence of a conditional use permit requirement for government and philanthropic medical offices " hinder the City' s ability to [... I implement
a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana." The Staff Report then explicitly acknowledges the fact that this portion of the ordinance will have an impact on the environment: " The proposed ordinance establishes a decision- making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses." These admissions by the City belie the notion that the Ordinance will not result in any foreseeable direct or indirect physical changes in the environment and preclude the use of the CEQA exemptions relied upon by the City.

10. The Ordinance is a violation of due process and equal protection and freedom of association under the U. S. and California Constitutions in that it impermissibly discriminates ( a) against FQHCs and their patients on the basis of homelessness, income, source of income, and reliance on government or charitable assistance and ( b) against entities providing medical services on the basis of non- profit status, philanthropic purpose, and receipt of government subsidies.

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Case 8: 23- cv-00504 Document 1- 4 Piled 03/ 20/ 23 Page 10 of 10 Page ID #: 152

11. The public notice for the first reading of the Ordinance was defective in that it constituted a denial of due process and violated applicable provisions of the Government Code because, among other things, the notice did not reference the Planning Commission' s recommendation regarding the Ordinance, diet not indicate the staff was recommending additional changes not included in that recommendation, did not provide any hint or suggestion that non- profit medical offices were going to be treated differently than for-profit medical offices or that for- profit offices might be subject to the Ordinance if they accepted any federal subsidies or reimbursements, and, most importantly, the notice did not indicate that applications that had been duly submitted before the Ordinance took effect were not going to be grandfathered in which is the normal custom and practice with new zoning ordinances.

Conclusion.

In light of the above-listed problems underlying the Ordinance, SOS respectfully requests that Ordinance either be sent back to staff to cure its deficiencies or that it at least be clarified so that it will not apply to Turner' s Application. Thank you.

Ernest W. ("Will") Klatte
Chair, SOS Board of Directors
Share Our Selves 9 P e g e
Case 8: 23- cv-00504 Document 1- 5 Filed 03/ 20/ 23 Page 1 of 2 Page Ill #:153 Exhibit
Case 8: 23- cv-00504 Document 1- 5 Filed 03/ 20/ 23 Page 2 of 2 Page ID#: 154 Sec. 41- 313. 5. - Uses subject to a conditional use permit in the P district.

The following may be permitted in the P district, subject to the issuance of a conditional use permit:
a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals.
c. Trade and professional schools.
d. Health clubs and gymnasiums.
e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses ( e), ( f) and ( k) of section 41- 313.
f. Ambulance and emergency medical response services.
g. Non-freestanding commercial and service uses which are open at anytime between the hours of 12: 00 midnight and 5: 00 a. m., provided that such uses also meet the standards for commercial and service uses permitted under. section 41- 13, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5: 00 a. m. and located within one hundred fifty( 150) feet of residentially zoned or used property, measured from property line to property line.
i. Banquet facilities, subject to development and operational standards set forth in section 41- 199. 1.
j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41- 199. 1.
k. Adult day care facilities,
I. Clubs, fraternities and lodges.
m. Bail bond uses, subject to development and operation standards set forth in section 41- 323. in. Churches and accessory church buildings.
o. Parking lots and parking structures subject to compliance with the requirements of Section 41- 324.
p. Medical offices operated by government, government- subsidized, not-for-profit, or philanthropic entities.

Ord. No. NS- 1732, § 20, 6- 25- 84; Ord. No. NS- 2035, § 2, 11- 20- 89; Ord. No. NS- 2296, § 2, 10- 7- 96; Ord. No.

NS- 2445, § 4, 9- 18- 00; Ord, No. NS- 2446, § 13, 9- 18- 00; Ord. No. NS- 2473, § 4, 6- 18- 01; Ord. No. NS- 2661, § 4, 9- 20- 04; Ord. No. NS- 2938 § 3 2- 20- 18 ; Ord. No. NS- 2987 , § 4, 4- 21- 20; Ord. No. NS- 3035 , § 8, 12- 20- 22) Case 8: 23- cu- 00504 Document 1- 6 Filed 03/ 20/ 23 Page 1 of 3 Page ID #: 155 Exh * ltbi
Case 8: 23- cv-00504 Document 1- 6 Filed 03/ 20/ 23 Page 2 of 3 Page lD #: 156 Dou Hedelnkamp
From: Pezeshkpour, Ali < APezeshkpour@santa- ana. org>
Sent: Wednesday, February 8, 2023 8: 05 AM
To: Kate Hirsh
Cc: Matsler, Sean; Paul Simonds
Subject: RE: 2670 N. Main Street- Major Remodel Application External Sender]
Hi Kate,
ThankI you Y for your Y email. The urgency g
y ordinance remains in effect, as the Clty s charter provides that such ordinances take immediate and lasting effect. Therefore, the development project and conditional use permit processes are still applicable to the subject project. If you' d like me to resend that information, please let me know.

Thank you,
Ali Pezeshlcpour, AICP
Planning Manager, Planning Division
City of Santa Ana I Planning and Building Agency( M- 20) r t 20 Civic Center Plaza I P. O. Box 1988 I Santa Ana, CA 92702 x 714) 647- 58821 APezeshkpour@santa- ana. org I ( He/ Him/ His) The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events.

Download the App:

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

From: Kate Hirsh < khirsh@turnerimpact. com>
Sent: Monday, February 6, 2023 9: 47 AM
To: Pezeshkpour, Ali< APezeshkpour@santa- ana. org>
Cc: Matsler, Sean< SMatsler@coxcastle. com>; Paul Simonds< paul@curtpringle. com> Subject: 2670 N. Main Street- Major Remodel Application All,
I hope all is well. Please see below for a link to drawings for a Major Commercial Remodel Application at 2670 Main Street. I understand that Urgency Ordinance No. 2022- 07 is no longer in effect and therefore our application process reverts to the Major Commercial Remodel application. Please review and let me know if you have any questions. Can you please send me an online link so I can pay the fee associated with this submittal? In the drawings you will see that we have reduced the existing building SF to align with the medical office parking requirements. The drawings show that we are significantly reducing the Vt floor building space and replacing it with parking stalls. We are maintaining the 21d and 3rd floors and overall fagade aesthetics. To comply with parking code, we removed a portion of the 3rd floor SF.
1 Case 8: 23- cv-00504 Document 1.- 6 Filed 03/ 20/ 23 Page 3 of 3 Page ID #: 157 2670 Main Street- architectural drawings & photo to
Sincerely,
Kate
Kate Hirsh
Director
Turner Impact Capital
1702 Olympic Boulevard
Santa Monica, CA 90404
D: 310. 752, 9623 J C: 310. 658. 3219
www. turnerimpact. com
2 Case 8: 23- cv- 00504 Document 1- 7 Filed 03/ 20/ 23 Page 1 of 3 Page ID#: 158 Exhibit
Case 8: 23- cv-00504 Document 1- 7 Filed 03/ 20/ 23 Page 2 of 3 Page ID #: 159 From: Arias, Fernanda< farias@santa- ana. org>
Sent: Wednesday, March 15, 2023 1: 20 PM
To: Kate Hirsh< khirsh@turnerimpact. com>
Cc: Pezeshkpour, Ali< APezeshkpour@santa- ana. org>
Subject: 2670 North Main Street( Application Number NONR- 2023- 73- ALT) External Sender]
Good morning,
This email is in response to application number NONR- 2023- 73- ALT for the property located at 2670 North Main Street, Santa Ana, CA 92705 submitted on February 7, 2023.
1 had previously requested a completed certificate of occupancy application to continue with plan check. However, upon further review that application will no longer be required for this review.

Please note that the proposed project will require a Development Project( DP) Review application followed by a Conditional Use Permit( CUP). Instructions and submittals requirements were also provided by the Planning Manager in separate emails on February 8 and March 14 of 2023.

Therefore, application number NONR- 2023- 73- ALT has been closed. In order to request a refund for the application, please provide the following information:

1. Name of refund check recipient( should match original check)

2. Mailing address for check( should match original invoice)

3. Recipient' s contact information
When you are ready to submit the Development Project Review application, please contact Planning Santa- a„na. org.to request a case planner.

Lastly, I have included links to the aforementioned applications for your reference below:
o
Initial Step( DP):
o Development Project Review: htt s: www. santa- ana. or documents develo ment- ro' ect- reviewpdcka e . Once the DP process is complete, the Discretionary Phase, below, can commence. o Fees ( may be subject to change):

DP base fee: $ 5, 216. 38
1 Case 8: 23- cv- 00504 Document 1- 7 Filed 03/ 20/ 23 Page 3 of 3 Page ID #: 160 Environmental determination fee:$ 706
Orange County Fire Authority( OCFA) service request fee: $ 538 o Discretionary Phase. The items below will be required once the DP phase, above, is completed:
o Conditional Use Permit( CUP): https:// www. santa- ana. org/ docum nts/ conditiongl- use- permitA lication . o Submittal Checklist for CUP: htt s: www, santa- ana. or documents submittal- checklist . o Fee:$ 6, 366. 00
Please consider this email as official correspondence regarding the outcome of application number NONR- 2023- 73- ALT.

Thank you,
Fernanda Arias
Assistant Planner I, Planning Division
r City of Santa Ana I Planning and Building Agency( M- 20) eF' 20 Civic Center Plaza I P. O. Box 1988 1 Santa Ana, CA 92702 714) 667- 2792J FArias santa- ana. or I ( She/ Her)
2 Case 8: 23- cv- 00504 Document 1- 8 Filed 03/ 20/ 23 Page I of 5 Page 1D #: 161 w
Exhibl" t
Do6uSign Envelope fDa4 7 6 8 P_ E 3C 6 _ 8 Filed 03/ 20/ 23 Page 2 of 5 Page I D #: 162

ASSIGNMENT OF CLAIMS AGREEMENT
This Assignment of Claims Agreement( the" Agreement") is made and entered into as of March 15, 2023, by and between ( 1) Turner Healthcare Facilities Acquisition LLC (" Turner" or the" Assignor") and ( 2) Share Our Selves Corporation, a California nonprofit corporation (" SOS" or the " Assignee") [ hereinafter, Turner and SOS shall collectively be referred to as the" Parties" and individually as the " Party"] with respect to the following facts and intentions:

RECITALS
A. On or about February 25, 2022, Turner and SOS executed a term sheet the" Terra Sheet"), setting forth that Turner may purchase the real property located at 2670 North Main Street in Santa Ana( the " Main Street Property" or the" Property"), and the parties intention to enter into a 20- year triple- net lease of the Property, with two fiveyear options to extend, and an option to purchase the Property (the" Lease") which Lease would include the obligation for Turner to renovate the Property into a healthcare facility for SOS ( the" Project").

B. On or about March 7, 2022, Turner entered into a Purchase and Sale Agreement and Joint Escrow Instructions ( the" PSA") to purchase the Main Street Property from the Himy Family Limited Partnership 11, LP ( the" Seller"). The PSA provided Turner with a period of 90 days ( the " Inspection Period") to conduct all due diligence of the property, including any attempts to obtain entitlements, approvals, permits, and private party consents necessary for the Project.

C. Under the PSA, Turner was required to, and did, place a$ 270, 000 refundable deposit( the" Deposit") into escrow( the" Escrow"), a portion of which was anon-refundable payment of$ 100. 00 in" Independent Consideration" to the Seller.

D. In May, July, and November 2022 and February 2023, Turner and the Seller entered into amendments to the PSA( collectively, the " Amendments") to provide for various extensions of the Inspection Period to and including February 10, 2023.

E. As consideratioi-r for the extensions contemplated under the Amendments collectively, the " Extensions"), Turner paid various extension fees ( collectively, the Extension Fees") and released a portion of the funds in the Escrow( the" Released Funds"), totaling $ 185, 000 in Extension Fees and Released Funds.

F. During the period from approximately February 2022 to and including the present date, Turner has incurred various costs and expenses in connection with various planning, purchase, development, entitlement, legal, and other activities relating to the Project( collectively, the " Project- Related Costs"), including costs incurred in connection with the minor exception application and the major remodel applications that Turner submitted to the City of Santa Ana( the" City").

G. In December 2022, the City adopted Santa Ana Zoning Ordinance Amendment No. 2022- 07 ( the " Urgency Ordinance") and, in February 2023, the City 1 Doi: uSign Envelope f 61 A57e,"6" P &-' M3bt3ctU Wf'f-3 Filed 03/ 20/ 23 Page 3 of 5 Page ID # 163 adopted Zoning Ordinance Amendment No. 2022- 03 ( the" Non- Urgency Ord inance")[ col lectively the " Ordinances"]. Both of the Ordinances have provisions that allow Medical Offices in the City' s " Professional" Zoning District( the" P District") as a matter of right, but the Ordinances also provide that Medical Offices " operated by government, government-subsidized, not-for-profit, or philanthropic entities" are prohibited in the P District unless a conditional use permit is obtained ( the" CUP Requirement").

H. Despite a series of communications and meetings with City staff and members of the City Council in which Turner and SOS informed the representatives of the City that, unless the Ordinances were amended to eliminate the CUP Requirement, or Turner and SOS were otherwise exempted from the CUP Requirement, the Seller of the Main Street Property would not agree to any further extensions of time and, as such, not only would the ability to acquire the Property be lost, but the Project would be lost as well.

I. The City refused to relent in insisting that the CUP Requirement applied to the Project and that resulted in the termination of the PSA and the cancellation of the Escrow.

J. SOS intends to file a lawsuit( the" Action") against the City for compensatory damages and declaratory and equitable relief as a result of the Ordinances and the CUP Requirement.

K. Pursuant to this Agreement, Turner intends to assign to SOS all of Turner' s claims and causes of action against the City arising out of the matters referenced above.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and in light of the foregoing Recitals which are incorporated herein, the Parties agree as follows:

1. Effective Date. This Agreement shall become effective on the date on which this Agreement has been executed and delivered by both Parties and, upon that occurrence, the " Effective Date" of this Agreement shall be the date first set forth above.

2. Assignment. As of the Effective Date, Assignor hereby sells, conveys, transfers, and assigns to Assignee, and Assignee' s successors and assigns, all of Assignor' s right, tide, and interest in and to any and all claims, causes of action, demands, rights, privileges, or entitlements, of any kind whatsoever, which Assignor has, or may hereafter have, as against the City, or any of its past, present, or future councilmembers, commissioners, committee members, officers, employees, agents, representatives, attorneys, or insurers ( collectively, the City' s Related Persons"), based upon any acts or omissions on the part of the City, or on the part of any of the City' s Related Persons, occurring prior to the Effective Date of this Agreement, and directly or indirectly arising out of, relating to, resulting from, or in any way connected to, the Project, the Term Sheet, the Main Street Property, the potential Lease, the PSA, the 2 docuSign Envelope@ V 60s2tqS9Wg?)43cM Wf'f_3 Piled 03/ 20/ 23 Page 4 of 5 Page ID #: 164 Seller, the Inspection Period, the Escrow, the Deposit, the Independent Consideration, the Amendments, the Extensions, the Extension Fees, the Released Funds, the ProjectRelated Costs, the Ordinances, or the CUP Requirement( collectively, the " Assigned Claims"). The Assigned Claims are being assigned to Assignee" as- is" without representation or warranty.

3. Assignee' s Discretion. Assignee, in its own name and for its own benefit, shall be entitled to prosecute, collect, settle, compromise, dismiss, release, abandon, or otherwise discharge any or all ofthe Assigned Claims in any manner as Assignee in its sole discretion deems advisable. Assignee' s discretion shall include the decision of whether or not to file the Action, whether or not to settle the Action at any time, including following the entry of judgment, and whether or not to collect any amount awarded in the Action. Assignee agrees that it shall indemnify, protect and hold Assignor harmless for any out- of-pocket, discovery- related or trial- related attorney' s fees or costs incurred by Assignor in connection with the Action.

3. Recovery. In the event that SOS obtains any monetary recovery in the Action ( the " Recovery"), the first of the Recovery funds shall be distributed to reimburse SOS and Turner for any actual attorney' s fees and costs incurred in connection with the Action. In the event the Recovery is not sufficient to fully reimburse both SOS and Turner' s actual attorney' s fees and costs, the Recovery shall be divided between the Parties on a pro rata basis, based on the percentage of the total amount of attorney' s fees and costs that each Party incurred. In the event there are any remaining Recovery funds after reimbursement of the Parties' actual attorney' s fees and costs, the Recovery shall be used to satisfy any obligations for cost reimbursement under the Term Sheet that have not been satisfied as of the date of the Recovery( but for the avoidance of doubt, nothing in this Agreement shall modify any obligations under the Terra. Sheet). Thereafter, SOS shall receive a litigation bonus from the Recovery consisting of twenty-five percent 25%) of the total remaining Recovery ( net of the Parties' attorney' s fees and costs and unsatisfied Term Sheet obligations), to compensate SOS for taking on the risk and cost of pursuing the Action. In the event there are any Recovery funds remaining after payment of the litigation bonus to SOS, those funds will be divided equally between SOS and Turner.

4. Refresentations and Warranties. Each of the Parties represents to the other that: ( a) such Party has the sole legal power, right and authority to enter into this Agreement; ( b) all requisite corporate action has been taken by such Party in connection with entering into this Agreement; (c) no additional consent of any individual, officer, director, shareholder, partner, member, manager, trustee, trustor, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other Party shall be required for such party to consummate the transaction contemplated by this Agreement; and ( d) the individuals executing this Agreement on behalf of such Party have the legal power, right and actual authority to bind such Party to the terms and conditions hereof.

5. Counterparts. This Agreement may be executed electronically and any number of counterparts and shall constitute an agreement binding on both Parties, notwithstanding that both Parties are not signatories to the original or the same 3 Do u$ ttgn Envelope#EA' 4'91 -V2-'Otg?343CtM8ifi RP61- 8 Filed 03/ 20/ 23 Page 5 of 5 Page ID #: 165 counterpart provided that all parties are furnished a copy or copies thereof reflecting the signature of all Parties.

The Parties have executed this Agreement as of the date first set forth above.

ASSIGNOR:

TURNER HEALTHCARE FACILITIES ACQUISITION LLC
Docu5lgned by:

By:

Name: Daniel Millman
Title: Vice President
Date:
3/ 16/ 2023
ASSIGNEE:

SHARE OUR SELVES CORPORATION
By: rDocu5lgned
by:
t VI! ( Por .

Name: Christy Ward
Title: Chili Executive Officer
Date:
4 Case 8: 23- 94ATP!PffifflElf 2ollRT, 1E6RQ2/ 911TR1ffWFWAAiq e ID #: 166 CIVIL COVER SHEET 8: 23- CV- 00504
I.( a) PLAINTIFFS ( Check box if you are representing yourself[] ) DEFENDANTS ( Check box if you are representing yourself ) SHARE OUR SELVES CORPORATION, a California non- CITY OF SANTA ANA, a municipal corporation, and profit corporation DOES 1 through 10, inclusive
b) County of Residence of First Listed Plaintiff Orange County of Residence of First Listed Defendant Santa Ana_ EXCEPT IN U.S. PLAINTIFF CASES) IN U.S. PLAINTIFF CASES ONLY) c) Attorneys( Firm Name, Address and Telephone Number) If you are Attorneys( Firm Name, Address and Telephone Number) If you are representing yourself, provide the same information. representing yourself, provide the same information. Edmond M, Connor( SBN 65515) 2211 Michelson Drive, Suite 1100
Irvine, CA 92612
II. BASIS OF JURISDICTION( Place an X in one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES- For Diversity Cases Only Place an X in one box for plaintiff and one for defendant) PTF DEF 1. U. S. Government 3. Federal Question( U, S. PTF DEF Citizen of This State 1 1
Incorporated or Principal Place
Plaintiff 4 4
Government Not a Party) of Business in this State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5 of Business In Another State 2. U. S. Government 4. Diversity( Indicate Citizenship Citizen or subject of Defendant of Parties in Item 111) Foreign Country 3 3 Foreign Nation 6 b IV. ORIGIN( Place an X in one box only.)
7, Original 2. Removed from 3. Remanded from 4. Reinstated or S. Transferred from Another

6. Multidistrict 8. Multidistrict
ProceedingState Court A Eraser - Direct€ it -
ppellateCourY Reopened District { specify} Transfer Direct file V. REQUESTED IN COMPLAINT: JURY DEMAND: 0 Yes No ( Check" Yes" only if demanded in complaint.) CLASS ACTION under F. R.Cv. P. 23: Yes 0 No K MONEY DEMANDED IN COMPLAINT: $ 500, 000. 00 VI. CAUSE OF ACTION( Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not c€tejurisdictional statutes unless diversity.) 42 U. S. C. § 1983 Violation of Due Process and Equal Protection Under 14th Amendment VII. NATURE OF SUIT( Place an X in one box only).

OTHER STATUTES. CONTRACT REAL PRI] ERTY CONT, IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS 375 False Claims Act 1101nsurance 240 Torts to Land 462 Naturalization Habeas Corpus:
820 Copyrights
376 Qui Tam 245 Tort Product Application 463 Alien Detainee 120 Marine 31 USC 3729( a)) 830 Patent Liability 465 Other Sentence10Motions to Vacate 400 State 830 Patent Abbreviated 130 Miller Act 290 All Other Real Immigration Actions Reapportionment' 140 Negotiable
Propert TORTS 530 General New Drug Application
410 Antitrust Instrument TORTS PERSONAL PROPERTY 535 Death Penalty 840 Trademark 150 Recovery of PERSONAL IN' L Other: 430 Banks and Banking n' 370 Other Fraud Overpayment& 880 Defend Trade Secrets Act 310Airpiane 540 Mandamus/Oth er of 2016( pT5A) Rat
Commerce/ ICC Enforcementof 371 Truth in Lending
Judgment 315 Airplane
I] 460 Deportation Product Liability 380 Other Personal 550CivIl Rig hts SOCIAL SECURITY 151 Medicare Act 320 Assault, Libel& Property Damage El555 Prison Condition 861 HI ( I395$) 470 Racketeer Influ- Slander enced& Corrupt Org. 152 Recovery of 385 Property Damage 330 Fed. Employers' 560 Civil Detainee 862 Black Lung( 923) 490ConsumerCredit Defaulted Stu dent Product Liability
B63DIWC/ DIWW( 405 Liability Conditions of
485 Tel ephone
Loan{ ExcLVet,} 9} J
340 Marine
BANKRUPTCY. Confinement
Consumer Protection Act 153 Recovery of 422 Appeal FORFEITUREIPENALTY 864 SSID Title XVl 345 Marine Product
490 Cable/ Sat N Overpayment of USC 158
Vet. Benefits Liability 625 Drug Related 865 RSI( 405( g}} 850 423 Withdrawal 28 Seizure of Proper 21
Sles/ E changm modities/
350 Motor Veh€cle USC$ 81 Exchange 160 Stockholders' USC 1 S7 FEDERAL TAX SUITS 890 Other Statutory
Suits 355 Motor Vehicle CIVICRIGHTS 690Other
Y 870 Taxes( U. S. Plaintiff or
Actions Product Liability
190 Other Defendant)
360 Other Personal 0 440 Other Civil Rights LABOR
891 Agricultural Acts Contract 871 IRS- Third Party 26 USC C g injury 441 Voting 7710 Fair Labor Standards 7609
893 Environmental 195 Contract 362 Personal Injury Act
Liability p
442 Employment 720 Labor/ Mgmt. Product Liabili Med Mal ratite 895 Freedom of Info. 196 Franchise 365 Personal Injury- 443 Housing/ Relations Act Product Liability Accommodations
740 Railway Labor Act
896 Arbitration 367 Health Care/
Disabilities 751 Family and Medical
Co
Land Pharmaceutical Y
899 Admin. Procedures Condemnation Personal Injury Employment Leave Act Act/ Review of Appeal of 220 Foreclosure Product Liability 446 American with 790 Other Labor Agency Decision
368 Asbestos Disabilities- Other Litigation
950 Constitutionality of 230 Rent Lease& Personal injury 791 Employee Ret. Inc. State Statutes E' ectment J rY 448Education
ProductLiabilit Security Act
FOR OFFICE USE ONLY: Case Number:

CY-71( 10/ 20) CIVIL COvt_R SHEET Page 1 of 3
Case 8: 23_
ti R4,& n17I? AY/gATRIP FidltiF 6RPf-Me I U 4:167

CIVIL COVER SHEET
Vlll. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be Initially assigned. This Init}al assignment is subject to change, in accordance with the Court' s General Orders, upon review by the Court of your Complaint or Notice of Removal.

QUESTION A: Was this case removed
from state court? STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL blV15101a IN CACD 15:

Yes I] No
if" no," skip to Question B. If" yes," check the
Las Angeles, Ventura, Santa Barbara, or San Luis Obispo Western box to the right that applies, enter the Orange
Southern
corresponding division In response to
Questlon E, below, and continue from there. Riverside or San Bernardino Eastern
QUESTION B: Is the United States, or B. 1. Do 50% or more of the defendants who reside in one of its agencies or employees, athe district reside In orange Co.? YES. Your case will initially be assigned to the Southern Division.

PLAINTIFF in this action? Enter" Southern" in response to Question E, below, and continue from there. check one ofthe boxes to the right °
Yes 0 No
NO. Continue to Question B.2.

8. Do or more of the defendants who reside in If" no," skip to Question C. If" yes," answer thee districtict rere YES. Your case will initially be assigned to the Eastern Division. side in Riverside and/ or San Bernardino Question B. 1, at right, Counties? ( Consider the two counties together) E] Enter" Eastern" in response to Question E, below, and continue from there.
check one ofthe boxes to the right NO. Your case will initially be assigned to the Western OivWon.

Enter" Western" In response to Question E, below, and continue from there.

QUESTION C: is the United States, or C. 1. Do 50% or more of the plaintiffs who reside in the one of its agencies or employees, YES. Your case will initially be assigned to the Southern Division. a district reside in Orange Co.?
DEFENDANT in this Enter" Southern" In response to Question E, below, and continue action? from there. check one ofthe boxes to the right ",
Yes x No
NO. Continue to Question C.2.

If" no," skip to Question D. If" yes," answer
C. 2, Do 50% or more of the plaintiffs who reside In the district reside in Riverside and/ YES. Your case will initially be assigned to the Eastern Division. or San Bernardino g Question C. 1, at right. Counties? ( Consider the two counties together.) Enter" Eastern" in response to Question E, below, and continue from there.
check one of the boxes to the right NO. Your case will Initially be assigned to the Western Division.

Enter" Western" in response to Question E, below, and continue from there.

A. B. C.

QUESTION D: Location of plaintiffs and defendants? Riverside or San Los Angeles, Ventura, Orange County Bernardino County Santa Barbara; or San.

Luis Obispo County
Indicate the location(s) in which 50% or more ofplaintiffs who reside in this district reside. ( Check up to two boxes, or leave blank if none of these choices apply.) 0 Indicate the location( s) in which 50% or more of defendants who residein this district reside. ( Checkup to two boxes, or leave blank if none of these choices apply) 0 El
D. I. Is there at least one answer in Column A? D. 2. Is thereat least one answer in Column B? 0 Yes No Yes No
If" yes," your case will Initially be assigned to the If" yes," your case will initially be assigned to the SOUTHERN DIVISION, EASTERN DIVISION.

Enter" Southern" in response to Question E, below, and continue from there. Enter" Eastern" in response to Question E, below.

If" no," go to question D2 to the right. " r" I
If" no," your case will be assigned to the WESTERN DIVISION.

Enter" Western" in response to Question E, below.

QUESTION E: Initial Division?
INITIAL DIVISION iN CACI]
Enter the initial division determined by Question A, B, C, or D above: SOUTHERN QUESTION F: Northern Counties?
Do 50% or more of plalntiffs or defendants in this district reside in Ventura, Santa Barbara, or San Luis Obispo counties? Yes 0 No CVai( 70i20) CIVIL COVER SHEET

Case 8: 23-' kR2 giATPffiliM & 1FR& @ 6?AY1911TR' I ' AlfIA3EtRPe ID #: 168

CIVIL COVER SHEET
IX( a). IDENTICAL CASES: Has this action been previously flied in this court? Q NO YES If yes, list case number( s):

IX(b). RELATED CASES: Is this case related( as defined below) to any civil or criminal case( s) previously filed in this court? NO 0 YES
If yes, list casenumber( s): 8: 23- cV- 00183- DOC- KES; SA CV 20- 00069- DOC ( KESx) ; 8: 18- CV- 00155- DOC- KES Civil cases are related when they( check all that apply):

A, Arise from the same or a closely related transaction, happening, or event; B. Call for determination of the same or substantially related or similar questions of law and fact; or XL C. For other reasons would entail substantial duplication of labor if heard by different judges.

Note: That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem cases related.

A civil forfeiture case and a criminal case are related when they( check all that apply):

A. Arise from the same or a closely related transaction, happening, or event; B. Call for determination of the same or substantially related or similar questions of law and fact; or C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of labor if heard by different judges.

X. SIGNATURE OF ATTORNEY
OR SELF- REPRESENTED LITIGANT): DATE: 03/ 20/ 2023
Notice to Counsel/ Parties: The submission his Civil Cover Sheet is required by Local Rule 3- 1, This Form CV- 71 and the information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. For more detailed instructions, see separate instruction sheet( CV- 071 A).

Key to Statl stical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation Substantive Statement of Cause of Action All claims for health insurance benefits( Medicare) under Title 18, Part A, of the Social Security Act, as amended, Also, 861 HIA nclude claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program, f42 U. S. C. 1935FF( b))
862 BL All claims for" Black Lung" benefits under Title 4, Part B, of the Federal Coal Mina Health and Safety Act of 1969.( 30 U. S. C. 923)
863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child' s insurance benefits based on disability. ( 42 U. S. C. 405( g)) 863 Dlww All claims filed for widows or widowers Insurance benefits based on disability under Title 2 of the Social Security Act, as amended.( 42 U. S.C. 40S( g))
864 SSID All claims for supplemental security income payments based upon disabilityfled under Title 16 of the Social Security Act, as amended.
865 RSI All claims for retirement( old age) and survivors benefits under Title 2 of the Social Security Act, as amended. 42 U. S. C. 405( g))
CV- 71( 10/ 20) CIVIL COVER SHEET Page 3 of 3 _
Case 8: 23- cv-00504 Document 4 Filed 03/ 20/ 23 Page .1 of 1 Page ID #: 171

NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY( S)

OR OP PARTY APPEARING IN PRO PER
Connor Fletcher and Hedenkamp LLP
Edmond M. Connor
Douglas A. Hedenkamp
2211 Michelson Drive, Suite 1100
Irvine, CA 92612
econnor@businesslit. conn; service@businesslit. com;
dhedenkamp@businesslit. com 949- 622- 2600
ATTORNEY( s) FOR! Plaintiff: Share Our Selves Corporation

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
SHARE, OUR SELVES CORPORATION, a
CASE NUMBER.

California non-profit corporation 8: 23- cv- 00504
Plaintiff(s),
v.

CITY OF SANTA ANA, a municipal corporation,
and DOES 1 through 10, inclusive

CERTIFICATION AND NOTICE

OF INTERESTED TE PARTIES
Defendant(s) Local Rule 7. 1- 1)
TO: THE COURT AND ALL PARTIES OF RECORD:

The undersigned, counsel of record. for Plaintiff, Share Our Selves Corporation a California non- profit corporation or party appearing in pro per, certifies that the following listed party or parties may have a pecuniary interest in the outcome of this case. These representations are made to enable the Court to evaluate possible disqualification or recusal.

List the names of all such parties and identify their connection and interest. Use additional sheet if necessary.)

PARTY CONNECTION I INTEREST
SHARE OUR SELVES CORPORATION, a California non- Plaintiff profit corporation
Turner Healthcare Facilities Acquisition LLC Assignor of Claims to Plaintiff CITY OF SANTA ANA, a municipal corporation, and Defendants DOES 1 through 10, inclusive
March 20, 2023
Date Signature
Attorney of record for( or name ofparty appearing in pro per):

Plaintiff- Share Our Selves Corporation
CV 30( O51i 3) NOTICE OF INTERESTED PARTIES
Case 8; 23- cv-00504- DOC- DFM Document 5 Filed 03/ 21/ 23 Page 1 of 1 Page ID #: 172

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES
This case has been assigned to:

District Judge David (), Carter
Magistrate Judge D!anglas F. McCormick
The case number on all documents tiled with the Court should read as follows:
8; 23—sv- 00504 DOC MMxl
District judges in the Central District of California refer all discovery-related motions to the assigned magistrate judge pursuant to General Order No. 05- 07. Discovery- related motions should be noticed for hearing before the assigned magistrate judge. Please refer to the assigned judges' Procedures and_Schedules, available on the Court' s website at www. cacd. uscourts. gov/judges- requirements, for additional information.

Clerk, U.S. District Court
March 21; 2023 By Is/ Geneva Hunt
Date Deputy Clerk

ATTENTION
The party thatfiled the case- initiating document in this case (for example, the complaint or the notice ofremoval) must serve a copy ofthis Notice on all parties served with the case- initiating document. In addition, ifthe case- initiating document in this case was electronically filed, the party that filed it must, upon receipt ofthis Notice, promptly deliver mandatory chambers copies ofall previously filed documents to the newly assigned- districtjudge. See L.R. 5- 4.5. A copy of this Notice should be attached to the first page of the mandatory chambers copy of the case- initiating document.

CV- 18( 08/ 19) NOTICE Or,ASSIGNMENT TO UNITED STATES JUDGES Case 8: 23- cv-00504- DOC- DFM Document 7 Filed 03/ 21/ 23 Page 1 of 1 Page 1D #: 175

UNITED ,STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
SHARE OUR SELVES CORPORATION CASE NUMBER.:

PLAINTIFF( S), 8. 23—cv- 00504DOC—DFM
V.

CITY OF SANTA ANA, et al.

Notice to Counsel Re Consent to Proceed
DEFENDANT( s). Before a United States Magistrate Judge
The parties are advised they may consent to proceed before any available magistrate judge participating in the Voluntary Consent to Magistrate Judges Program to conduct all further proceedings in the case pursuant to 28 U.S. C. § 636( c) and Federal Rules of Civil Procedure 73, The consent list and consent form are available on the court's website at ht : cd. uscourts. goyJLidges- re ements c - ro ams to - onsen - magistrate judges-pr, gram. To confirm a particular magistrate judge's availability to schedule the trial in the time frame desired by the parties and/ or willingness to accommodate any other special requests of the parties, please contact the magistrate judge' s courtroom deputy prior to filing the consent.

Since magistrate judges do not handle felony criminal trials, civil trial dates are not at risk of being preempted by a felony criminal trial, which normally has priority. Further, in some cases, the magistrate judge may be able to assign an earlier trial date than a district judge. The parties can select a participating Magistrate Judge from any of the three divisions in the Central District of California. There may be other advantages or disadvantages which you will want to consider.

The plaintiff or removing party must serve this Notice on each named party in the case.

Case 8: 23- cv-00504- DOC- DFM Document 6 Filed 03/ 21/ 23 Page 1 of 2 Page ID #: 173

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:

SHARE OUR SELVES CORPORATION
8: 23—cv- 00504—DOC--DFM
Plaintiff( s)
V.

CITY OF SANTA ANA, et al.

NOTICE TO PARTIES OF
Defendant( s).

COURT-- DIRECTED ADR PROGRAM
NOTICE TO PARTIES:

It is the policy of this Court to encourage settlement of civil litigation when such is in the best interest of the parties. The Court favors any reasonable means, including alternative dispute resolution (ADR), to accomplish this goal. See L.R. 16- 15. Unless exempted by the trial judge, parties in all civil cases must participate in an ADR process before trial. See L.R. 16- 15. 1.

The district judge to whom the above- referenced case has been assigned is participating in an ADR Program that presumptively directs this case to either the Court Mediation Panel or to private mediation. See General Order No. 11- 10, § 5. For more information about the Mediation Panel, visit the Court website, www. caed.uscourts. gov, under" ADR." Pursuant to L.R. 26- 1( c), counsel are directed to furnish and discuss with their clients the attached ADR Notice To Parties before the conference of the parties mandated by Fed. R. Civ.P. 26( f). Based upon the consultation with their clients and discussion with opposing counsel, counsel must indicate the following in their Joint 26( f) Report: 1) whether the case is best suited for mediation with a neutral from the Court Mediation Panel or private mediation; and 2) when the mediation should occur. See L.R. 26- 1( c).

At the initial scheduling conference, counsel should be fully prepared to discuss their preference for referral to the Court Mediation Panel or to private mediation and when the mediation should occur. The Court will enter an Order/ Referral to ADR at or around the time of the scheduling conference.

Cleric, U.S. District Court
rc 21. 2023 By Zsl Geneva Hunt
Date Deputy Clerk
ADR- 08( 04118) NOTICE TO PARTi s OF COURTDIRIEC UD ADR PROGRAM Case 8: 23- cv- 00504- DOC- DFM Document 6 Filed 03/ 21/ 23 Page 2 of 2 Page ID # 174

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT

AND USE OF ALTERNATIVE DISPUTE RESOLUTION ( ADR)
Counsel are required to furnish and discuss this Notice with their clients.

Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases, litigation has become an often lengthy and expensive process. For this reason, it is this Cow' s policy to encourage parties to attempt to settle their disputes, whenever possible, through alternative dispute resolution ( ADR).

ADR can reduce both the time it takes to resolve a case and the costs oflitigation, which can be substantial. ADR options include mediation, arbitration ( binding or non-binding), neutral evaluation ( NE), conciliation, inini-trial and fact-finding. ADR can be either Court-directed or privately conducted.

The Court' s ADR Program offers mediation through a panel of qualified and impartial attorneys who will encourage the fair, speedy and economic resolution of civil actions, Panel Mediators each have at least ten years of legal experience and are appointed by the Court. They volunteer their preparation time and the first three hours of a mediation session. This is a cost- effective way for parties to explore potential avenues of resolution.

This Court requires that counsel discuss with their clients the ADR options available and instructs them to come to the initial scheduling conference prepared to discuss the parties' choice of ADR option. The ADR options available are: a settlement conference before the magistrate judge assigned to the case or the magistrate judge in Santa Barbara, the Court Mediation Panel, and private mediation. Counsel are also required to indicate the client' s choice ofADR option in advance of the initial scheduling conference. See L.R. 26- 1( c) and Fed.R.Civ.P. 26( f).

Clients and their counsel should carefully consider the anticipated expense of litigation, the uncertainties as to outcome, the time it will take to get to trial, the time an appeal will take if a decision is appealed, the burdens on a client' s time, and the costs and expenses of litigation in relation to the amounts or stakes involved.

Each year thousands of civil cases are filed in this district, yet typically no more than one percent go to trial. Most cases are settled between the parties, voluntarily dismissed, resolved through Court- directed or other forms ofADR, or dismissed by the Court as lacking in merit or for other reasons provided by law.

For more information about the Court' s ADR Program, the Mediation Panel, and the profiles of mediators, visit the Court website, www.caed.uscourts. gov, under " ADR." ADR- 08( 04/ 18) NOTICE TO PARTIES OF COURT- DIRECTED ADR PROGRAM CLERK. FILED
US. DISTRICT COUNT
1 2
AUG
3 N CIS I

F CALIFORNIA
DEPUTY
4 5
7 8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 I I IN THE MATTER OF GENERAL ORDER NO. I I- 10
12 ALTERNATIVE DISPUTE Supersedes General Orders
13 RESOLUTION (ADR) PROGRAM No. 04-01 and No. 07- 01)
14 15 1. SCOPE AND PURPOSE
16 1 1. 1 Scone. This General Order(" Order") governs the elective and 17 presumptive referral of certain actions to the Alternative Dispute Resolution ( ADR) 18 Program for mediation with a neutral from the Mediation Panel ( previously known 19 as the Attorney Settlement Officer Panel) appointed by the Court. The Order shall 20 be effective on December 1, 2011 and applies to actions which fall within the scope 21 of this Order, regardless of when the actions commenced. 22 1. 2 Purpose. The Court finds that the number of criminal and civil cases 23 in this District, together with the adoption of Congressional requirements for the 24 priority scheduling of criminal trials and the shortage of Judges in this District, have 25 placed significant pressures on litigants, counsel, and the Court. The purpose of the 26 ADR Program is to alleviate some of these pressures and to encourage the fair, 27 speedy, and economical resolution of controversies by referring suitable cases to an 28 impartial neutral who is experienced in one or more designated areas oflaw and in General Order No. 11- 10
1 the process of alternative dispute resolution.
2 3 2. ADMINISTRATION
4 2. 1 ADR Judge. A district judge shall be appointed by the Chief Judge 5 to serve as Chair of the ADR Committee. That judge will also serve as the ADR 6 Judge of this Court. The ADR Judge shall serve as the primary liaison between the 7 Court and ADR Program staff, consulting with staff on matters of policy, program S design and evaluation, education, training and administration. 9 2. 2 Appointment of the ADR Program Director. The ADR Program 10 shall be coordinated by an ADR Program Director at the direction of the Clerk of 11 Court.
12 2. 3 Duties of the ADR Program Director. The duties ofthe ADR 13 Program Director shall be established by the Court, and shall include the following:
14 a) Maintain, on the Court website, the current list of panel members 15 available to act as mediators;
16 b) Report to the Court on the status and effectiveness of the ADR 17 Program, and maintain records, including disposition and 18 success rates, for this purpose;
19 c) Serve as a neutral in selected cases;
20 d) Perform any additional duties as the Court may direct which are 21 necessary for the efficient administration of the ADR Program. 22 2.4 Duties of the Bar. The Central District' s Lawyer Representatives' 23 Mediation Panel Selection Committee will assist the Court with the ADR Program 24 in the following ways:
25 a) Recruit suitable candidates for the Mediation Panel; 26 b) Review candidate applications for the Mediation Panel and 27 provide advice to the Court in connection with the selection and 28 appointment of panel members; and
2 General Order No. 11- 10
1 c) Perform such additional duties as the Court may direct which are 2 necessary for the efficient administration of the ADR Program. 3 4 3. MEDIATOR QUALIFICATIONS AND SELECTION
5 3. 1 Qualifieations. A person may serve as a member of the Mediation 6 Panel if7 a) the person has been a United States Appellate, District, S Magistrate or Bankruptcy Judge, or a California Judicial Officer; 9 or
10 b) the person is currently a member in good standing of the Bar of 11 the United States District Court, Central District of California, 12 with at least 10 years legal practice experience, substantial 13 experience with or knowledge of civil litigation in federal court, 14 and significant expertise in one or more of the following areas:
15 1) Admiralty
16 2) Americans with Disabilities Act
17 3) Antitrust
18 4) Bankruptcy
19 5) Business/ Commercial Litigation
20 6) Civil Rights
21 7) Class Actions
22 8) Consumer Credit
23 9) Copyright/Trademark
24 10) Employment/ Discrimination/ Wrongful Termination 25 11) Environmental
26 12) ERISA
27 13) Foreclosure
28 14) Insurance Coverage/ Bad Faith
3 General Order No. 11- 10
1 15) Labor
2 16) Patent
3 17) Personal Injury
4 18) Products Liability
5 19) Real Estate/ Construction
6 20) Securities
7 21) Tax
8 The Court may modify these and other minimum requirements in individual 9 circumstances for good cause. The Court shall only make such modification upon a 10 determination that the applicant has demonstrated satisfactory evidence of sufficient 11 education, training, skills and/ or experience.
12 3. 2 Training Requirements. In order to qualify for appointment to the 13 Mediation Panel, an applicant shall successfully complete a court- conducted 14 training course in mediation or provide proof that he or she has successfully 15 completed a court- approved training course in mediation. In order to qualify for 16 subsequent reappointments to the Mediation Panel, an applicant shall agree to 17 periodically participate in court- conducted or court- approved refresher or advanced 18 training. The Court may, in its discretion, waive the training requirements upon 19 application by the individual.
20 3. 3 Application for Appointment to Mediation Panel. An application 21 for appointment to the Mediation Panel may be obtained from the ADR Program 22 Director or downloaded from the Court' s website, www. cacd.uscourts. gov. The 23 application shall be submitted to the ADR Program Director. 24 3. 4 Appointment of Mediators to Panel. Mediators shall be appointed to 25 the Mediation Panel by the Court. A panel member may ask the ADR Program 26 Director at any time to have his or her name removed from the panel roster. The 27 Court may, in its sole discretion, remove any person from the Mediation Panel who 281 violates this Order, see Section 11, or is unable to commit sufficient time to, or

4. General Order No. 11- 10
1 otherwise meet the requirements of, panel membership. 2 3. 5 "Perm ofAppointment. Appointment to the Mediation Panel shall be 3 for a term of two years. The term may be renewed at the discretion of the Court 4 upon the consent and re- application of the panel member. Panel members who do 5 not reapply for appointment at the expiration of the two- year term will be removed 6 from the panel roster.
7 3. 6 Oath Required. Every mediator appointed to the Mediation Panel shall 8 take the oath or affirmation prescribed in 28 U.S. C. § 453. 9 3. 7 Minimum Case Requirement. Panel members are expected to mediate 10 a minimum oftwo cases per appointment term. At least one case per term shall be a 11 case that has been assigned by the Court. Panel members who do not meet the 12 minimum case requirement will not be reappointed at the end of their term unless 13 they contact the ADR Program Director and establish good cause for reappointment. 14 3. 8 Compensation.
15 a) Volunteer time. Panel members shall volunteer their preparation 16 time and the first three hours of a mediation session. After three hours of a 17 mediation session, the panel member may ( 1) give the parties the option of 18 concluding the mediation; ( 2) continue the mediation and volunteer his or her time; 19 or (3) continue the mediation on such terms and rates as the panel member and all 20 parties agree. The mediation session will continue beyond three hours only if all 21 parties and the panel member agree.
22 b) Payment. Ifthe mediation session continues beyond three hours, 23 the terms and conditions of payment must be clearly communicated in writing to the 24 parties. The parties may agree to pay the fee in other than equal portions. The 25 parties must pay the mediator directly, or the mediator' s law firm or employer, as 26 directed by the mediator. On a form survey provided by the Court ( in the form 27 attached as " Exhibit r", see section 8. 8 below), the mediator must promptly report to 28 the ADR Program the amount of payment received.
5 General Order No. 11- 10
1 3. 9 Limits on hole of Mediator. The panel member has no authority to 2 render a decision or to dictate a settlement.
3 3. 10 Immunities. Panel members are performing quasi-judicial functions 4 and are entitled to the inununities and protections that the law accords to persons 5 serving in such capacity.
6 3. 11 Disqualification of Mediators.
7 a) Applicable Standards. No person may serve as a neutral in a 8 case in the Court' s ADR Program in violation of:
9 1) the standards set forth in 28 U.S. C. § 455; or
10 2) any applicable standard ofprofessional. responsibility or 11 rule of professional conduct; or
12 3) other guidelines adopted by the Court concerning
13 disqualification ofneutrals.
14 b) Mandatory Disqualification and Notice ofRecusal. A 15 prospective neutral who discovers a circumstance requiring disqualification must 16 immediately notify the parties and the ADR. Program Director in writing. The 17 parties may not waive a basis for disqualification that is described in 28 U.S. C. § 18 455( b).
19 c) Disclosure and Waiver ofNon- Alandatory Grounds for 20 Disqualification. If a prospective neutral discovers a circumstance that would not 21 compel disqualification under an applicable standard ofprofessional responsibility 22 or rule ofprofessional conduct or other guideline, or under 28 U.S. C. § 455( b), but 23 that might be covered by 28 U.S. C. § 455( a) ( impartiality might reasonably be 24 questioned), the neutral shall promptly disclose that circumstance in writing to all 25 parties and the ADR Program Director. A party who has an objection to the neutral 26 based upon an allegation that the neutral has a conflict of interest must present this 27 objection in writing to the ADR Program Director within 10 calendar days of 28 learning the source of the potential conflict or shall be deemed to have waived 6 General Order No. I I A 0
1 objection.
2 d) Objections Not Based on Disclosure By Neutral. Within 7 days 3 of learning the identity of a proposed neutral, a party who objects to service by that 4 neutral must deliver to the ADR Program Director and to all other counsel a writing 5 that specifies the bases for the objection. The ADR Program Director shall 6 determine whether the proposed neutral will serve or whether another neutral should 7 be appointed.
8 3. 12 Related Cases/ Multiple Cases with Common Party. A panel 9 member may conduct a mediation for a group of related cases or a group of cases 10 with one common party if( 1) all parties to all cases agree, in writing, ( 2) all parties 11 to all cases agree, in writing, to compensation terms and rates of the mediator, 12 subject to the limitations of section 3. 8 above, and ( 3) the panel member discloses to 13 all parties the number of cases in which the panel member has previously conducted 14 mediations involving any of the parties participating in the current proceeding. 15 3. 13 Members of Mediation Panel. All attorneys who are serving on the 16 Court' s Attorney Settlement Officer Panel as ofthe date this Order becomes 17 effective shall automatically be appointed as members of the Mediation Panel after 18 they have taken the oath or affirmation prescribed in 28 U.S. C. § 453. 19 20 4. ADR PROGRAM GENERAL PROVISIONS
21 4.1 Referral to the Court' s Mediation Panel. Cases may be referred to 22 the ADR Program for mediation with a neutral from the Mediation Panel in one of 23 two ways: 1) through the Court-Directed ADR Program, as described in section 5 24 below; and 2) under Civil L.R. 16- 15, as described in section 6 below. 25 4. 2 Description: Mediation. Mediation is a flexible, non- binding, 26 confidential process in which a neutral person ( the mediator) facilitates settlement 27 negotiations. The mediator improves communication across party lines, helps 28 parties articulate their interests and understand those of their opponent, probes the 7 General Order No, 11- 10
1 strengths and weaknesses of each party' s legal positions, identifies areas of 2 agreement and helps generate options for a mutually agreeable resolution to the 3 dispute. A hallmark of mediation is its capacity to expand traditional settlement 4 discussion and broaden resolution options, often by exploring litigant needs and 5 interests that may be formally independent of the legal issues in controversy. 6 _ __ 4. 3 Status of Discovery, Motions and Trial During the ADR Process. 7 Any case referred to the ADR Program continues to be subject to management by 8 the judge to whom it is assigned. Selection of a case for ADR has no effect on the 9 normal progress of the case toward trial. Referral of a case to ADR is not grounds 10 for avoiding or postponing any deadline or obligation imposed by the case 11 management order, unless so ordered by the Court.
12 4. 4 Cases Assigned to a Magistrate Judge Pursuant to 28 U. S. C. 13 _ 636 c and the .Local Civil Rules. The provisions of this Order are applicable to 14 those cases that are assigned to a magistrate judge pursuant to 28 U.S. C. § 636( c) 15 and the Civil Local Rules if the magistrate judge determines that the case would 16 benefit from participation in the ADR Program.
17 4. 5 Case Types Exempted.
18 The following case types shall not be referred to the Mediation Panel:
19 a) habeas corpus and extraordinary writs;
20 b) immigration and naturalization;
21 c) prisoner civil rights;
22 d) social security;
23 e) petitions to enforce IRS summonses.
24 4. 6 Cases Involving a Self-Represented Party. The Court, in its 25 discretion, may order a case involving a self-represcnted party to the Mediation 26 Panel. In such cases, within seven ( 7) days of the Order/ Referral to ADR, the party 27 proceeding without a lawyer and the opposing counsel must arrange for a phone 28 conference with the ADR Program Director to discuss ADR options. 8 General Order No. 114 0
1 5. REFERRAL, OF CASES TO THE COURT-DIRECTED ADR
2 PROGRAM
3 5. 1 Court-Directed ADR Program. With the exception of those case 4 types exempted in section 4. 5 above and cases involving a party who is not 5 represented by counsel ( see section 4.6), all civil cases which are assigned to judges 6 participating in the Court-Directed ADR Program are presumptively referred to the 7 Mediation Panel or a private dispute resolution process. The participating judges 8 are listed on the court website, www.caed.uscourts.gov, ADR section, under " List of 9 District Judges Participating in the ADR Program." In all such cases, a " Notice to 10 Parties of Court-Directed ADR Program" in the form attached as " Exhibit C" will 11 be provided to counsel at the time of the filing of the complaint or notice of removal 12 for service on all parties. Counsel are required to furnish and discuss with their 13 clients the " Notice to Parties: Court Policy on Settlement and Use ofAlternative 14 Dispute Resolution" ( the " ADR Notice to Parties") and the ADR options available 15 to them before the conference described in section 5. 2 below. 16 5.2 The Parties' Duty to Consider ADR, Confer and Report. Unless 17 otherwise ordered, at the conference of the parties held pursuant to Fed. R. Civ. P. 18 26( f) and Civil L.R. 26- 1, counsel shall meet and confer about whether their case is 19 best suited to a mediation with a neutral selected from the Mediation Panel or a 20 private mediation, and when the mediation should occur. See Civil L.R. 26- 1( c). 21 The parties shall include their shared or separate views regarding the appropriate 22 ADR procedure and proposed date ofthe session in the written report required by 23 Fed. R. Civ. P. 26( f) and Civil L.R. 26- 1.
24 5. 3 Order/Referral to ADR. After considering the parties' written report 25 required by Fed. R. Civ. P. 26( f) and Civil L.R. 26- 1, the assigned judge will file an 26 Order/Referral to ADR, in the form attached as " Exhibit B." 27 5.4 Discretionary Referral. For cases that do not meet the criteria of 281 section 5. 1 of this Order but which the assigned judge determines would benefit 9 General Order No, 11- 10
1 from participation in this Program, the assigned judge may file an " Order/Referral to 2 ADR," in the form attached hereto as " Exhibit B."
3 5. 5 Cases Transferred to a Judge Participating in the Court-Directed 4 ADR Program. For cases that are transferred to a judge participating in the 5 Court-Directed ADR Program, a " Notice to Parties of Court-Directed ADR 6 Program" in the form attached as " Exhibit C" will be provided to counsel at the time 7 of the transfer by the courtroom deputy clerk for the judge receiving the case. 8 5. 6 Cases Transferred From a Judge Participating in the Court9 Directed ADR Program to a Judge Not Participating in the Court- Directed 10 ADR Program. The provisions of this section are applicable to those cases that 11 are transferred to a judge who is not participating in the Court- Directed ADR 12 Program but who determines that the case would benefit from and should. remain in 13 the Court-Directed ADR Program. If the judge who is not participating in the 14 Court-.Directed ADR Program determines that the transferred case would not benefit 15 from mediation with a neutral selected from the Mediation Panel or private 16 mediation, then an order vacating the referral in the form attached hereto as " Exhibit 17 D" will be prepared and filed by the courtroom deputy clerk for the judge receiving 18 the case.
19 5. 7 Change in Ordered ADR Procedure. If all parties wish to request a 20 change from the ordered.ADR Procedure — from the Mediation Panel to private 21 mediation or from private mediation to the Mediation Panel —the parties shall file a 22 Request: ADR Procedure Selection ( Exhibit A). In such instances, counsel shall 23 also notify the ADR Program Director of this change. 24 25 6. REFERRAL OF CASES TO ADR PROGRAM PURSUANT TO CIVIL 26 LOCAL RULE 16s-15.2
27 6. 1 Cases Referred Pursuant to the Court-Directed ADR Program 28 Excepted. Nothing in this section shall apply to cases referred to the ADR 10 General Order No. 11- 10
1 Program pursuant to the Court- Directed ADR Program. Rules for the Court2 Directed ADR Program are found in section five of this Order. 3 6. 2 The Parties' Duty to Consider ADR, Confer, and Report. Unless 4 otherwise ordered, at the conference of the parties held pursuant to Fed. R. Civ. P. 5 26( f) and Civil L.R. 26- 1, counsel shall meet and confer about which of the three 6 ADR procedures specified in Civil L.R. 16- 15. 4 ( a settlement proceeding before the 7 assigned district judge or magistrate judge, the Mediation Panel or private 8 mediation) is best suited to the case and when the ADR session should occur. See 9 Civil L.R. 26- 1( c). The parties shall include their shared or separate views 10 regarding the appropriate ADR procedure and proposed date of the session in the 11 written report required by Fed. R. Civ. P. 26( f) and Civil L.R. 26- 1. This report 12 must be accompanied by a Request: ADR Procedure Selection, in the form attached 13 as " Exhibit A." See Civil L.R. 16- 15. 2.
14 6. 3 Order/Referral to ADR. After considering the parties' written report 15 and Request: ADR Procedure Selection, the assigned judge will file an Order/ 16 Referral to ADR, in the form attached as " Exhibit B." 17 6. 4 Referral to or Change in ADR at Any Time After Issuance of Initial 18 Case Management or Scheduling Order. At any time after issuance of the initial 19 case management or scheduling order and before entry of final judgment, if all 20 parties agree that referral to a particular ADR procedure is appropriate, or wish to 21 request a change to the ordered ADR procedure, the parties shall file a Request:
22 ADR Procedure Selection (Exhibit A).
23 24 7. SELECTION AND ASSIGNMENT OF MEDIATOR
25 7. 1 Selection of Mediator.
26 a) By Stipulation. The parties may stipulate to a mediator from the 27 Mediator Panel list maintained by the ADR Program Director and made available on 28 the Court' s website. Upon obtaining the consent of the selected mediator, the 11 General Order No. 11- 10
1 parties shall file a Stipulation Regarding Selection of Mediator, in the form attached 2 hereto as " Exhibit E." Ifthe parties have not filed a Stipulation Regarding Selection 3 of Mediator within twenty- one ( 21) days from the Order/ Referral to ADR, the ADR 4 Program Director will assign a mediator.
5 b) By Assignment. If the parties are unable to stipulate to a 6 mediator, they may ask that the ADR Program Director assign a mediator from the 7 Panel list. Such request for assignment shall be made by filing a Stipulation 8 Regarding Selection of Mediator, in the form attached hereto as " Exhibit E." 9 7. 2 Notice of Assignment of Mediator. A "Notice of Assignment of 10 Mediator" in the form attached hereto as " Exhibit F" shall be filed by the ADR 11 Program in every case in which a mediator from the Mediation Panel is selected by 12 the parties or assigned by the ADR Program Director. The ADR Program will 13 provide the panel member with a copy of the Notice ofAssignment, a copy of the 14 current docket sheet and copies of any documents from the case file identified by 15 the panel member as being necessary for his or her preparation for the mediation. 16 17 8. ] PROCEDURES FOR SCHEDULING AND CONDUCTING THE 18 MEDIATION
19 8. 1. Mediator' s Initial Communication with Counsel. Within thirty (30) 20 days ofthe Notice ofAssignment of Mediator, the panel member must communicate 21 with counsel to schedule the mediation session. The communication may take the 22 form of a briefjoint telephone conference with counsel, as described below, or in 23 writing, at the mediator' s discretion. A joint telephone conference with counsel 24 would likely include a discussion of the following matters:
25 a) fixing a mutually convenient date, time and place for the 26 mediation;
27 b) the procedures to be followed during the mediation; 28 c) who shall attend the session on behalf of each party; 12 General Order No. 11- 10
1 d) what material or exhibits shall be provided to the mediator prior 2 to the mediation or brought by the parties to the mediation; 3 e) any issues or matters that the mediator would like the parties to 4 address in their written mediation statements;
5 f) page limitations for mediation statements;
6 g) whether the parties are likely to want to continue beyond the 7 three pro bono hours offered by the panel member and, if so, the 8 terms and rates of the panel member ( see section 3. 8 above); and 9 h)
any other matters that might enhance the quality of the 10 mediation.
11 8.2 ' Notice: Date and Location of Mediation. Within thirty- five ( 35) days 12 of the Notice ofAssignment of Mediator, the mediator shall advise the ADR 13 Program of the scheduled date of the mediation by filing a Notice of Mediation 14 Date, in the form attached as " Exhibit G," or by other communication. The 15 mediator shall strive to schedule the mediation for the earliest possible date after the 16 parties have had reasonable time to evaluate their case, thus minimizing the expense 17 of the litigation. The mediation must be completed within the time- frame ordered 18 by the assigned judge or, if no completion date has been ordered, no later than forty19 five ( 45) days before the Final Pretrial Conference. See Civil L.R. 16- 15. 2. 20 Counsel may seek a continuance of the ADR deadline from the assigned judge for 21 good cause. The Court shall provide suitable space for the mediation if a request is 22 made to the ADR Program Director. if, for any reason, the mediator is unable, 23 within thirty-five ( 35) days of the Notice of Assignment, to set a mediation date, the 24 mediator shall notify the ADR Program Director that a mediation could not be 25 scheduled.
26 8. 3 Continuances and Rescheduling. No continuance or rescheduling 27 of the mediation shall be granted except upon agreement of the mediator. The ADR 28 1 Program Director shall be notified of any continuance or rescheduling of the 13 General Order No, 11- 10
1 mediation. Any continuance ofthe mediation beyond the completion date ordered 2 by the judge or imposed by local rule must be approved by the assigned judge. 3 8. 4 Mediation Statements.
4 a) Content and Timing. At the request of the mediator, each party 5 shall submit directly to the mediator a confidential mediation statement no later than 6 seven ( 7) calendar days before the session. The mediation statement shall outline 7 the underlying facts ofthe dispute, the key legal issues in the case, possible areas of 8 agreement and options for settlement, and the settlement history of the dispute, if 9 any. The mediation statement shall also identify, by name, and title or status:
10 1) the person( s) with decision-making authority who, in 11 addition to counsel, will attend the mediation on behalf of 12 the party; and
13 2) person( s) connected with either party (including insurer 14 1 representatives) whose presence at the mediation might 15 substantially improve the productivity ofthe mediation or 16 the prospects for settlement.
17 b) Confidential Nature ofStatement. Mediation statements shall 18 be subject to the protection afforded by the confidentiality provisions contained in 19 section 9 below. Mediation statements must not be Filed and the assigned judge 20 shall not have access to them. The mediator may, with the consent of the parties, 21 request that counsel serve the statements on other parties to the lawsuit. 22 8. 5 Appearance b, Party Representative. Each party shall appear at the 23 mediation in person or by a representative with final authority to settle the case, 24 which in the case of lawsuits brought against the United States or any of its agencies 25 as a party, shall involve the attendance of an attorney charged with responsibility for 26 the conduct of the case and who has final settlement authority as provided by his or 27 her superiors. A corporation or other non- governmental entity satisfies this 28 attendance requirement ifrepresented by a person who has final settlement authority 14 General Order No. 11- 10
1 and who is knowledgeable about the facts of the case. Representatives of insurers 2 with decision- making authority are required to attend mediation sessions, unless 3 personal attendance is excused by the mediator. At the discretion of mediator, and 4 only with the mediator' s express authorization, parties residing outside the Central 5 District may have a representative with final settlement authority available by 6 telephone during the entire proceeding, in lieu of personal appearance. See Civil 7 L.R. 16- 15. 5( b).
8 8. 6 Attendance of Trial,Attorney. Each party shall be represented at 9 the mediation by the attorney who is expected to try the case, unless excused for 10 good cause by the mediator, in accordance with Civil L.R. 16-- 15. 5( c). 11 8. 7 Participant Surveys. At the time of the mediation, the mediator shall 12 distribute to each litigant and attorney an " ADR Program Participant Survey" in the 13 form attached hereto as Exhibit J, to be returned directly to the ADR Program. The 14 Participant Surveys are not to be fled with the Court. 15 8. 8 Attendance Sheet and ` Survey for Mediators and Report of 16 Payment.' The mediator shall collect contact information from each mediation 17 participant on the Mediation Attendance Record in the form attached hereto as 18 " Exhibit H." The mediator shall submit the completed form directly to the ADR 19 Program, with the " Survey for Mediators and Report of Payment," in the form 20 attached hereto as " Exhibit 1." The Mediation Attendance Record and Mediator 21 Survey are not to be filed with the court. The ADR Program will use the 22 Attendance Record to follow up with those participants of the mediation session 23 who have not yet returned an " ADR Program Participant Survey," in the form 24 attached hereto as " Exhibit J."
25 8. 9 Report to the Court. Within five days after the conclusion of the 26 mediation session, the mediator shall electronically file with the Court a " Mediation 27 Report" in the form attached hereto as " Exhibit K," advising the Court as to whether 28 the parties appeared at the mediation as required by Civil L.R. 16- 15. 5( b) and 15 General Order No. 11- 10
1 whether or not the case settled. Regardless of the outcome of the mediation session, 2 the mediator will not provide the judge with any details of the substance of the 3 mediation session. With the tiling ofthe Mediation Report, the parties are advised 4 that they must notify the trial judge' s courtroom deputy clerk of the fact of 5 settlement and promptly file documents regarding the final disposition ofthe case. 6 See Civil L.R. 16- 15. 7.
7 If no mediation was held, the mediator shall electronically file with the Court 8 a Mediation Report, indicating that a mediation did not take place. Ifthe case did 9 not settle at the mediation session but is later settled with the assistance of the 10 mediator, the mediator shall file a subsequent Mediation Report. 11 12 9. CONFIDENTIALITY
13 9. 1 Confidential ' Treatment. Except as provided in section 9. 2 below, this 14 Court, the mediator, all counsel and parties, and any other persons attending the 15 mediation shall treat as " confidential information" the contents ofthe written 16 mediation statements, any documents prepared for the purpose of, in the course of, 17 or pursuant to the mediation, anything that happened or was said relating to the 18 subject matter of the case in mediation, any position taken, and any view of the 19 merits of the case expressed by any participant in connection with any mediation. 20 " Confidential information" shall not be:
21 a) disclosed to anyone not involved in the litigation; 22 b) disclosed to the assigned judges; or
23 c) used for any purpose, including impeachment, in any pending or 24 future proceeding in this court or any other foram.
25 9. 2 Limited Exceptions to Confidentiality. This rule does not prohibit:
26 a) disclosures as may be stipulated by all parties and the mediator; 27 b) disclosures as may be stipulated by all parties, without the 28 consent of the mediator, for use in a subsequent confidential 16 General Order No. 11- 10
1 ADR or settlement proceeding;
2 c) a report to or an inquiry by the ADR Judge pursuant to sections 3 10 and 11 below, regarding a possible violation of policies and 4 procedures governing the ADR Program;
5 d) the mediator from discussing the mediation process with the 6 ADR Program. staff, who shall maintain the confidentiality ofthe 7 process;
8 e)
any participant or the mediator from responding to an
9 appropriate request for information duly made by persons 10 authorized by the Court to monitor or evaluate the Court' s ADR 11 program;
12 f) disclosures as are required by this Order, related ADR forms, 13 and as otherwise required by law; or
14 g) in an action or proceeding to enforce a settlement, the admission 15 of a written settlement agreement or a settlement placed on the 16 record, reached as a result ofmediation.
17 9. 3 Confidentiality Agreement. The mediator may ask the parties and all 18 persons attending the mediation to sign a confidentiality agreement on a form 19 provided by the Court and attached as " Exhibit L." The confidentiality provisions 20 of this section apply regardless ofwhether a confidentiality agreement is signed. 21 9. 4 Sc op Nothing in this rule is intended to limit any applicable privilege 22 or rule of evidence designed to protect mediation confidentiality, and any such 23 broader protection shall control if applicable. See Civil L.R. 16- 15. 8. 24 25 10. VIOLATIONS OF THIS ORDER BY COUNSEL OR A PARTY 26 10. 1 Informal Resolution. Without prejudice to the use of more formal 27 procedures set forth in sections 10. 2 and 10. 3 below, a complaint alleging that any 28 person or party has materially violated this Order may be presented informally to the 17 General Order No. 11- 10
1 ADR Program Director, who will attempt to resolve the matter to the satisfaction of 2 all concerned.
3 4 10. 2 Reporting_Violation.
5 A formal complaint alleging that any person or party has materially violated 6 this Order must be presented in writing ( not electronically) to the ADR Program 7 Director, who will refer the matter to the ADR Judge. The letter of complaint must 8 be accompanied by a competent declaration. Copies of the letter and declaration 9 must be sent contemporaneously to all other parties. If the assigned judge is the 10 ADR Judge, the ADR Program Director will refer the letter of complaint and 11 declaration to the Vice Chair of the ADR Committee or the Vice Chair' s designee. 12 The declaration must be marked " Confidential-Not to be Filed" and must neither be 13 filed nor disclosed to the assigned judge.
14 10. 3 Proceeding in Response to Complaint or Report of Violation and 15 Sanctions. If, upon receiving an appropriately presented and supported complaint 16 or report of a material violation of this Order, the ADR Judge determines that the 17 matter warrants further proceedings, the ADR Judge may refer the matter to the 18 ADR Program Director to explore the possibility of resolving the complaint 19 informally in accordance with section 10. 1 above. If no such referral is made, or if 20 the matter is not resolved informally, the ADR Judge for this matter shall take 21 appropriate action. The ADR Judge may issue an order to show cause why 22 sanctions should not be imposed. Any such sanctions proceedings shall be 23 conducted on the record but under seal. The ADR Judge will afford all interested 24 parties an opportunity to be heard before deciding whether to impose sanctions. 25 26 11. VIOLATION OF THIS ORDER BY A PANEL MEMBER
27 111 General Provision. This rule is intended to promote the fair and 28 timely resolution of complaints related to a mediator' s performance in discharging 18 General Order No. I 1- 10
1 his or her duties as a panel member, This section shall not limit the Court' s 2 authority to, in its sole discretion, determine who may be included on or removed 3 from the panel or to take any other action not specifically contemplated by this 4 section, in order to ensure that the quality of services provided by the Court 5 Mediation Panel is commensurate with the Court' s expectations and consistent with 6 the Court' s role in the administration ofjustice.
7 11. 2 Confidentiality of Complaint Proceedin s. No information or 8 record concerning the receipt, investigation or resolution of any complaint made 9 under this section may be open to the public. The Court shall maintain sufficient 10 information about each complaint and its disposition to identify any history or 11 patterns of complaints submitted under this section. 12 11. 3 Informal Complaints. Informal complaints regarding a panel 13 member' s performance shall be brought to the attention of the ADR Program 14 Director, who will conduct a preliminary review to determine whether the complaint 15 can be informally resolved or merits a formal investigation. 16 11. 4 Formal Complaint Set Forth in Writing. Any complaint regarding a 17 panel member' s performance that cannot be resolved informally shall be submitted 18 in writing to the ADR Program Director. The complaint is not to be filed nor 19 presented to the assigned judge. The complaint shall describe with particularity the 20 matter, conduct and circumstances triggering the complaint. The ADR Program 21 Director shall send the complainant a written acknowledgment that the complaint 22 has been received.
23 11. 5 Proceedings in Response to Formal Complaint. The ADR 24 Committee shall promptly review the complaint to determine whether the matter 25 warrants further investigation. If the ADR Committee determines that further 26 investigation is warranted, the ADR Judge shall conduct an investigation, or appoint 27 a subcomnuttee of ADR Committee members to conduct an investigation, and 281 present a report of the investigation to the full committee. As part of such 19 General Order No. 11- 10
1 investigation, the panel member shall be afforded an opportunity to respond to the 2 complaint. Upon conclusion of the investigation and receipt of the report, the ADR 3 Committee shall make a final determination as to what, if any, action shall be taken. 4 11. 6 Notice of Final Action in Response to Formal Complaint. The 5 Court shall notify the complainant and the panel member, in writing, of the final 6 disposition of the complaint.
7 8 12. EFFECTIVE DATE
9 This General Order shall become effective on December 1, 2011. 10 11 IT IS SO ORDERED.
12 13
14 CHIEF UNITED STATES DISTRICT JUDGE
15 16 Date ofApproval by the Court: August 12, 2011
17 18 Date ofFiling by the Clerk: August 15, 2011
19 20
21 22
23 24
25 26
27 28
20 Exhibit A
Name, Address and Telephone Number ofAttorney(s):

UNITED STATES DISTRICT COURT
CENTRAL; DISTRICT OF CALIFORNIA

CASE NUMBER
V.

Plaintiff( s)
REQUEST:

ADR PROCEDURE SELECTION
Defendant( s).

Pursuant to Civil L.R.16- 15, the parties request that the Court approve the following ADR procedure:

ADR PROCEDURE NO. 1 - The parties shall appear before the district) edge or magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct.

ADR PROCEDURE NO. 2 - The parties shall appear before a neutral selected from the Court' s Mediation Panel for mediation.

ADR PROCEDURE NO. 3 - The parties shall participate in a private dispute resolution proceeding.

Dated:

Attorney for Plaintiff
Dated:

Attorney for Plaintiff
Dated:

Attorney for Defendant
Dated:

Attorney for Defendant
NOTE: If additional signatures are required, attach an additional page to this request.

ADR- 01 ( 01/ 12) REQUEST: ADR PROCEDURE SELECTION page 1 of 1 Exhibit B

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER
Plaintiff( s)
V.

ORDER/ REFERRAL TO ADR
Defendant( s},
The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court- Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26( f) and Civil L.R. 26- I, hereby:

ORDERS this case referred to:

ADR PROCEDURE NO. 1: ( district judge or magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct).

ADR PROCEDURE NO. 2: This case is referred to the ADR Program. Within twentyone ( 21) days, plaintiff shall obtain the consent of a neutral listed on the Court' s Mediation Panel who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. If the parties have not selected and obtained the consent of a Panel Mediator within twenty- one ( 21) days, the ADR Program ( 213- 894.2993) will assign one, Forms and a list of the Panel Mediators are available on the Court website, www.cacd. uscourts. gov. Absent extraordinary circumstances, parties cannot request a continuance within three ( 3) business days of a scheduled mediation.

ADR PROCEDURE NO. 3 : ( Private mediation).

The ADR proceeding is to be completed no later than:

The Court further sets a status conference for:

For ADR Procedure Nos. I and 3, counsel are responsible. for contacting the judge or private mediator at the appropriate time to arrange for further proceedings.

Dated:

United Sfates District Judge/ Magistrate Judge
ADR- 12( 01112) ORDER/ REFERRAL TO ADR Page 1 of 1
Exhibit C

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER

PLAINTIFFS)
V.

NOTICE TO PARTIES OF

COURT- DIRECTED ADR PROGRAM
DEFENDANT( S).

NOTICE TO PARTIES:

It is the policy of this Court to encourage settlement of civil litigation when such is in the best interest of the parties. The Court favors any reasonable means, including alternative dispute resolution ADR), to accomplish this goal. See Civil L.R 16- 15. Unless exempted by the trial judge, parties in all civil cases must participate in an ADR process before trial. See Civil L.R. 16- 15. 1.

The district judge to whom the above- referenced case has been assigned is participating in an ADR Program that presumptively directs this case to either the Court Mediation Panel or to private mediation. See General Order No. 11- 10, § 5. For more information about the Mediation Panel, visit the Court website, www.cacd. uscourts. gov, under " ADR." Pursuant to Civil L.R. 26- 1( c), counsel are directed to furnish and discuss with their clients the attached ADR Notice To Parties before the conference of the parties mandated by Fed.R.Civ.P. 26( f).

Based upon the consultation with their clients and discussion with opposing counsel, counsel must indicate the following in their Joint 26( f) Report; 1) whether the case is best suited for mediation with a neutral from the Court Mediation Panel or private mediation; and 2) when the mediation should occur. See Civil L.R. 26- 1( c).

At the initial scheduling conference, counsel should be fully prepared to discuss their preference for referral to the Court Mediation Panel or to private mediation and when the mediation should occur. The Court will enter an Order/Referral to ADR at or around the time ofthe scheduling conference.

Clerk, U.S. District Court
Dated; By.

Deputy Clerk
ADR 03( 05113) 1NOTICE TO PARTIES OF COURT- DIRECTED ADR PROGRAM

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT

AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR)
Counsel are required to furnish and discuss this Notice with their clients.

Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases, litigation has become an often lengthy and expensive process. For this reason, it is this Court' s policy to encourage parties to attempt to settle their disputes, whenever possible, through alternative dispute resolution (ADR).

ADR can reduce both the time it talces to resolve a case and the costs of litigation, which can be substantial. ADR options include mediation, arbitration (binding or non-binding), neutral evaluation ( NE), conciliation, mini- trial and fact- finding. ADR can be either Court- directed or privately conducted.

The Court's ADR Program offers mediation through a panel of qualified and impartial attorneys who will encourage the fair, speedy and economic resolution of civil actions.

Panel Mediators each have at least ten years of legal experience and are appointed by the Court. They volunteer their preparation time and the first three hours of a mediation session. This is a cost-effective way for parties to explore potential avenues of resolution.

This Court requires that counsel discuss with their clients the ADR options available and instructs them to come prepared to discuss the parties' choice of ADR option ( settlement conference before a magistrate judge; Court Mediation Panel; private mediation) at the initial scheduling conference. Counsel are also required to indicate the client' s choice of ADR option in advance of that conference. See Civil L.R. 26- 1( c) and Fed.R.Civ.P. 26( f).

Clients and their counsel should carefully consider the anticipated expense of litigation, the uncertainties as to outcome, the bane it will take to get to trial, the time an appeal will take if a decision is appealed, the burdens on a client' s time, and the costs and expenses of litigation in relation to the amounts or stakes involved.

With more than 15, 000 civil cases filed in the Distract in 2012, less than 1 percent actually went to trial. Most cases are settled between the parties; voluntarily dismissed; resolved through Court- directed or other forms of ADR; or dismissed by the Court as lacking in merit or for other reasons provided by law.

For more information about the Court' s ADR Program, the Mediation Panel, and the profiles of mediators, visit the Court website, www.cacd.uscourts.gov, under" ADR." ADR- 03( 05113) NOTICE TO PARTIES OF COURT- DIRECTED ADR PROGRAM Exhibit D

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:

V.

PLAINTIFFS)

NOTICE TO PARTIES OF COURT- DIRECTED
DEFF.NDANT( 5),

ADR PROGRAM- VACATING REFERRAL
TO: ALL PARTIES OF RECORD
Reference of the above- captioned case to the Court- Directed ADR Program, General Order No. 11- I0, § 5, is vacated. All further ADR procedures in this action shall be pursuant to General Order No.

II- 10, § 6, and Civil L. R. 16- 15,
Clerk, U.S. District Court
Dated: By:

Deputy Clerk
A.DR- 14 01I12) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM- VACATING REFERRAL Page e1of1 Exhibit E

UNITED STATES DISTRICT COURT
CENTRAI. DISTRICT OF CALIFORNIA
CASE NUMBER:

Plaintiff(s)
V.

STIPULATION REGARDING

SELECTION OF PANEL MEDIATOR
Defendant( s).

CHECK ONLY ONE SOX:

The parties stipulate that
may serve as the Panel
Mediator in the above- captioned case. Plaintiff has obtained the Panel Mediator' s consent to conduct the mediation,
The parties request that the ADR Program staff assign to the above- captioned case a Panel Mediator with expertise in the following area of law :

Dated:

Attorney For Plaintiff
Dated:

Attorney For Plaintiff
Dated:

Attorney For Defendant
Dated:

Attorney For Defendant
1 Attorney for Plaintiff to electronically file original document.

ADR- 02( 01/ 12) STIPULATION REGARDING SELECTION OF PANEL MEDIATOR Page 1 of 1 Exhibit F

UNITED STATES DISTRICT COURT

CENTRAL, DISTRICT OF CALIFORNIA

CASE NUMBER
V.

Plaintiff( s)

NOTICE, OF ASSIGNMENT

OF PANEL MEDIATOR
Defendant( s).
is assigned to serve as the Panel Mediator in the above captioned case. This assignment is made because:

The parties have stipulated to appointment of the Panel Mediator.

The ADR Program staff has assigned the Panel Mediator.

The mediation in this case is to be completed no later than:
as ordered by the assigned judge.
forty-five days prior to the final pretrial conference, consistent with Civil L.R. 16- 15. 2.

Counsel shall familiarize themselves with the requirements of General Order No. 11- 10 which governs the ADR Program. Within thirty( 30) days of this Notice, the Mediator will communicate with counsel to set the date ofthe mediation within the time requirements set forth above. See General Order No. 11- 10, § 8. 1.

Counsel are reminded that the written mediation statements which may be required by the Mediator see General Order No. 11- 10, § 8. 4) shall NOT be filed with the Court. Counsel are further reminded that each party shall appear at the mediation in person or by a representative with final authority to settle the case. See General Order No. 11- 10, § 8. 5.

Clerk, U.S. District Court
Dated: By:

ADR Program Director
ADR Program Office to electronically file original and cc: Mediator ADR- 11( 01/ 12) NOTICE OF ASSIGNMENT" OF PANEL MEDIATOR Page 1 of I Exhibit G

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:

V. Plaintiff( s)

NOTICE OF

MEDIATION DATE
Defendant( s).

YOU ARE HEREBY NOTIFIED THAT THE PANEL MEDIATOR HAS SCHEDULED A MEDIATION

IN THE ABOVE- CAPTIONED CASE
for at a.m, / p.m,
LOCATION:

The mediation session must be completed and an ADR- 03 Report must be filed on or before the Court- ordered Withpletion date.

Continuances are not favored and can only be granted by the Mediator up to the Court- ordered completion date. Absent extraordinary circumstances, parties cannot request a continuance within three ( 3) business days of a scheduled mediation,
Dated: _ Panel Mediator:

Address:

Phone:

ADR- 13( 01112) NOTICE OF MEDIATION DATE Page I of 1
Exhibit H
Form ADR-18: Mediation Attendance Form.

Deleted 8/ 29/ 13
The Court deleted form ADR-18. Mediation Attendance Form.

Exhibit I
Form ADR- 16: Survey for Mediators and Report of Payment Deleted 8/ 29/ 13
The Court deleted and replaced the form ADR- 16, Survey for Mediators and Report ofPayment, with an online system ( Survey Monkey) to capture the responses to surveys from Panel Mediators. The survey is available on the ADR page of the Court website.

Exhibit J
Form ADR- 15: ADR Program Participant Survey
Deleted 8/ 29/ 13
The Court deleted and replaced the form ADR- 15, ADR Program Participant Survey, with an online system ( Survey Monkey) to capture the responses to surveys from mediation participants. The survey is available on the ADR page of the Court website.

Exhibit K

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER
Plaintiff( s)
V.

MEDIATION REPORT
Defendant( s),
Instructions: The mediator shallfile this Report within 5 days after the conclusion of a mediation session even ifthe negotiations continue. Ifthe case later settles with the assistance of the mediator, the mediator shall file a subsequent Report.

1. A mediation was held on ( date):

A mediation did not take place because the case settled before the session occurred,

2. The individual parties and their respective trial counsel, designated corporate representatives, and/ or representatives of the party's insurer:

Appeared as required by Civil L.R. 16- 15. 5( b).

Did not appear as required by Civil L.R. 16- 15( b).

Plaintiff or plaintiffs representative failed to appear.

Defendant or defendant' s representative failed to appear.

Other:
3, Did the case settled?
Yes, fully.

Yes, partially, and further facilitated discussions are expected. ( See No. 4 below.) Yes, partially, and further facilitated discussions are not expected.

No, and further facilitated discussions are expected. ( See No. 4 below.) No, and further facilitated discussions are not expected,

4. Iffurther facilitated discussions are expected, by what date will you check in with the parties? date:)
Dated:

Signature of Mediator
Name of Mediator( print)
The Mediator is to electronically file original document.

ADR- 03( 03/ 12) MEDIATION REPORT Page Iof1
Exhibit L

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:

Plaintiff( s)
V.

MEDIATION

CONFIDENTIALITY AGREEMENT
Defendant( s).

THIS AGREEMENT IS NOT TO BE FILED WITH THE COURT.

Consistent with Central District of California Civil L.R. 16- 15, General Order 11- 10, related Federal Rules of Evidence and to the extent applicable, California Evidence, Code Sections 703. 5 and 1115- 1128, the participants in mediation in the above- captioned case agree that:

1. No written or oral communication made by any party, attorney, mediator or other participant in a mediation in the above- named case may be used for any purpose in any pending or future proceeding unless all parties, including the mediator, so agree.

2. The parties agree that evidence admissible or subject to discovery or disclosure shall not be inadmissible or protected from disclosure solely by reason of its introduction or use in the mediation. Disclosure of information that otherwise is privileged shall not alter its privileged character.

3. The parties shall not subpoena the mediator or any documents submitted to or prepared by the mediator in connection with or during the mediation. The mediator shall not testify voluntarily on behalf of a party.

4. This agreement shall not preclude the reporting of information to the Central District of California ADR Program Office pursuant to General Order 11- 10.

5. In an action or proceeding to enforce a settlement, this agreement shall not render inadmissable a written settlement agreement, or a settlement placed on the record, reached as a result of the mediation.

Dated:

Print Name Print Name
Signature Signature
Email address Email address
Describe Role in Mediation Describe Role in Mediation
ADR-- 17 ( WO) MEDIATION CONIIDENAAGREEMENT Aage 1 of 2 Print Name
Print Name
Signature
Signature
Email address
Email address
I
Describe Role in Mediation
Describe Role in Mediation
Print Naive
Print Name
Signature
Signature
Email address Email address
Describe Role in Mediation
Describe Role in Mediation
Print Name
Print Name
Signature
Signature
Email address
Email address
Describe Role in Mediation Describe Role in Mediation
Print Name
Print Name
Signature
Signature
Email address
Email address
Describe Role in Mediation
Describe Role in Mediation
NOTE: If additional signatures are required, attach an additional page to this request.

ADRADR- 17 ( 6( 07/ 13) MEDIATION CONFIDENTIAL ITY AGREEMENT