5 6
2 2
These Salary Schedules are being corrected retroactively pursuant to this Resolution to ensure compliance with CalPERS requirements. CalPERS interprets California Code of Regulations (CCR) Title 2, Section 570.5, as requiring City Council approval of Salary Schedules grouped by employee unit and reflecting classification and compensation changes approved by City Council through official actions, including resolutions and MOU approvals.
Accordingly, the proposed Resolution recommends approval of the updated PMA Salary Schedules for the term of the January 1, 2022 through June 30, 2025 PMA MOU.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Classification and Compensation Plan Resolution
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager
City Council
17 –
2 3/17/2026
Resolution 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUN CIL OF THE CITY OF
SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:
A. Section 1004 of the City Charter requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.
B. It is the City’s practice to assign job titles that reflect the dut ies and responsibilities of classifications and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.
C. The City Council regularly amends the City’s classification and compensation plan for all f ull-time and part-time classifications of employees and officers of the City.
D. Certain clean up issues were identified regarding the Santa Ana Police Management Association (“PMA”) Salary Schedules covering the period of the January 1, 2022 through June 30, 2025 PMA Memorandum of Understanding.
These clean up issues are being addressed as part of this Resolution.
Section 2. Previously, the pay rates for the Jail Administrator (RM) effective November 16, 2022, July 2, 2023, and July 14, 2024 were not listed correctly on the PMA Salary Schedules approved by City Council. The compensation and benefits of the single employee in this classification during this period o f time was not affected as the City’s payroll system accurately reflected the appropriate rates.
Section 3. The Santa Ana City Counc il hereby retroactively approves the updated Salary Schedules for the PMA unit as specified, attached to this resolution as Exhibit A.
The Salary Schedule reflects classification and compensation amendments pursuant to this and previously approved City Council actions, grouped by employee unit as recommended by the California Public Employees’ Retirement System ( CalPERS), and is intended to ensure compliance with CalPERS requirements, including California Code of Regulations (CCR) Title 2, Section 570.5.
City Council
17 –
3 3/17/2026
Resolution 2026-XXX
Section 4. Except as amended by this resolution, all other provisions of the City’s classification and compensation plan shall remain in full force and effect.
Section 5. This resolution is operative from and after the date upon which it is adopted.
ADOPTED this 17th day of March 2026.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council
17 –
4 3/17/2026
Resolution 2026-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026- ___ to be the original resolution adopted by the City Council of the City of Santa Ana on March 17, 2026.
Date: ___________________ ____________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
17 –
5 3/17/2026
EXHIBIT A
SANTA ANA POLICE MANAGEMENT ASSOCIATION (PMA)
MONTHLY WAGE RATE SCHEDULE
REVISED MARCH 17, 2026
Resolution 2026-XXX
SWORN CLASSIFICATIONS
EFFECTIVE NOVEMBER 16, 2022
JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Police Captain (RM) 03360 16,230 17,041 17,893 18,788 19,728 Police Lieutenant (RM) 03350 13,742 14,429 15,150 15,907 16,702
EFFECTIVE JULY 2, 2023
JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Police Captain (RM) 03360 16,976 17,824 18,716 19,652 20,635 Police Lieutenant (RM) 03350 14,508 15,234 15,995 16,794 17,633
EFFECTIVE JULY 14, 2024
JOB TITLE JOB
CODE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Police Captain (RM) 03360 17,660 18,543 19,470 20,444 21,467 Police Lieutenant (RM) 03350 15,092 15,848 16,640 17,471 18,344
City Council
17 –
6 3/17/2026
EXHIBIT A
SANTA ANA POLICE MANAGEMENT ASSOCIATION (PMA)
MONTHLY WAGE RATE SCHEDULE
REVISED MARCH 17, 2026
Resolution 2026-XXX
NON-SWORN CLASSIFICATIONS
EFFECTIVE NOVEMBER 16, 2022
JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Correctional Manager (RM) 01971 9,209 9,670 10,153 10,661 11,194 11,753 Jail Administrator (RM) 03231 14,287 15,002 15,752 16,540 17,367 18,235 Police Administrative Budget Manager (RM) 00181 11,989 12,590 13,219 13,880 14,575 15,304 Police Administrative Manager (RM) 00180 10,713 11,250 11,812 12,402 13,022 13,673 Police Communications Manager (RM) 03370 9,963 10,461 10,984 11,534 12,110 12,715 Police Systems Manager (RM) 02931 11,989 12,590 13,219 13,880 14,575 15,304
EFFECTIVE JULY 2, 2023
JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Correctional Manager (RM) 01971 9,485 9,960 10,458 10,981 11,530 12,106 Jail Administrator (RM) 03231 14,716 15,452 16,225 17,036 17,888 18,782 Police Administrative Budget Manager (RM) 00181 12,349 12,968 13,616 14,296 15,012 15,763 Police Administrative Manager (RM) 00180 11,034 11,588 12,166 12,774 13,413 14,083 Police Communications Manager (RM) 03370 10,262 10,775 11,314 11,880 12,473 13,096 Police Systems Manager (RM) 02931 12,349 12,968 13,616 14,296 15,012 15,763
EFFECTIVE JULY 14, 2024
JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Correctional Manager (RM) 01971 9,770 10,259 10,772 11,310 11,876 12,469 Jail Administrator (RM) 03231 15,157 15,916 16,712 17,547 18,425 19,345 Police Administrative Budget Manager (RM) 00181 12,719 13,357 14,024 14,725 15,462 16,236 Police Administrative Manager (RM) 00180 11,365 11,936 12,531 13,157 13,815 14,505 Police Communications Manager (RM) 03370 10,570 11,098 11,653 12,236 12,847 13,489 Police Systems Manager (RM) 02931 12,719 13,357 14,024 14,725 15,462 16,236
City Council
17 –
7 3/17/2026
City Manager’s Office
www.santa-ana.org/CMO
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management
AGENDA TITLE
Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management
RECOMMENDED ACTION
Adopt a resolution that amends the City’s Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) to update benefits and provide for future salary range adjustments.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESTATING AND AMENDING THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN FOR CLASSIFICATIONS
DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM)
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City Council approved increases to the salary ranges of the Executive Management positions on June 3, 2025, by Resolution 2025-025. This was based on a then-recent salary survey conducted by Human Resources. Adjusting the salary ranges brought the EM classifications to the median of the market. To maintain this placement among the median of comparator agencies, this proposed Resolution includes a provision to increase the salary ranges of the EM annually commensurate with local Consumer Price Index (CPI-U).
The Resolution also provides for adjustments to EM benefits that are comparable to other agencies such as Anaheim, Fullerton, Garden Grove, Huntington Beach, Irvine, Pasadena, and Riverside; including the ability to cash-out earned sick leave upon separation at a scaled rate and the ability for the City Manager to provide severance pay for up to six (6) months upon separation without cause. Allowing for severance pay enhances the City’s ability to attract and retain experienced executive-level talent. It also increases the ability to maintain the City’s competitiveness in recruiting applicants when the organization’s pay ranges are no longer the highest in the region, promoting a sense
City Council
18 –
1 3/17/2026
Resolution Amending the Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management March 17, 2026
2 6
8 2
8 of security and stability within executive leadership. The Resolution also provides longevity pay for the Police Chief to match the Police Management Association sworn employee benefit.
Previously, the Resolution indicated that EM would receive the special compensation benefits of another of the City’s bargaining groups. For example, EM currently receive the same bilingual pay incentive as the City’s management group. Now the Resolution expressly states those benefits, instead of by reference, and this change is consistent with CalPERS regulations.
Current resolution language limits an EM who is near the top of the salary range to receive only the amount that brings them to the top and wait until the following year to receive a merit bonus. This has resulted in EM Members receiving a lower increase than the merit increase they earned. The language has been adjusted to correct this.
Finally, the EM Members would also like to increase employee contributions to their Retirement Health Savings (RHS) plan from 1.25% to 2.5%. There is no cost to the City for this change as the employees will fund this additional contribution.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with these actions.
FISCAL IMPACT
The estimated cost for FY 2025–2026 to add longevity pay for the Police Chief is $7,925. The total estimated annual cost for FY 2026–2027 for salary range adjustments based on the local CPI is $4,085 for those who are at or near the bottom of their salary range. Adoption of this resolution does not result in an immediate pay increase for EMT, as it only provides for future salary increases pursuant to the CPI, not increasing current salaries. The only exception is for one (1) employee who will fall out of the bottom of the range, resulting in the estimated cost of $4,085.
The estimated cost associated with the CPI-based salary range adjustments reflects potential salary adjustments for employees whose current compensation would fall below the revised salary range minimums as a result of the CPI update. There is no immediate fiscal impact associated with earned sick leave cash-outs for employee separations, as such costs are dependent on future separation dates and accrued leave balances and cannot be accurately quantified at this time. Funds are available for expenditure in Fiscal Year 2025–2026, and future fiscal year funding will be included in the proposed budgets for City Council consideration.
EXHIBITS
1. Resolution
2. EM Classifications Rank vs. Market
Submitted By: Alvaro Nuñez, City Manager
City Council
18 –
2 3/17/2026
Resolution 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RESTATING AND AMENDING THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN FOR
CLASSIFICATIONS DESIGNATED AS UNREPRESENTED
EXECUTIVE MANAGEMENT (EM)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana (“City”) hereby finds, determines, and declares as follows:
A. Section 1004 of the City Charter of the City requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.
B. It is the City’s practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.
C. The City Council regularly amends the City’s classification and compensation plan for all f ull-time and part-time classifications of officers and e mployees of the City of Santa Ana.
D. It is now desired to make various clean up changes to the language of the classification and compensation plan for the classifications designated as unrepresented Executive Management (EM).
E. It is also desired to make substantive changes to the classification and compensation plan including the following:
1) Providing for annual increase to the EM classification salary ranges based upon the Consumer Price Index (CPI -U) effective July 1 st of each year and based upon the CPI -U (all urban consumers) for the Los Angeles -Long Beach -Anaheim area from December of the previous year;
2) Adding the ability for EM classifications to cash-out earned sick leave upon separation at a scaled rate t o either (a) their individual Retirement Health Savings (RHS) Account or ( b) 457 Deferred Compensation Account or (c) cash with a cap on total hours;
City Council
18 –
3 3/17/2026
Resolution 2026-XXX
3) Giving the City Manager discretion to provide up to six (6) months of severance pay and allow for the ability to m aintain the City’s competitiveness in recruiting applicants;
4) Providing for longevity pay for the Chief of Police after six consecutive years;
5) Changing the performance based lump sum incentive payment provisions to allow for salary, lump sum payment or a combination when an incentive payment is earned and to remove the requirement that an EM member wait a year to be eligible for consideration for such payment once they have reached the top of their salary range;
6) Providing for an increase in the amount of salary contribution by EM classifications to their RHS account from 1.25% to 2.5%; and
7) Providing for certain sworn educational incentive pays which are provided for Police Management Association Members including Supervisory POST certificate, California Command College or FBI National Academy, and Master’s Degree.
Section 2. The Santa Ana City Council hereby approves the restated and amended EM Classification and Compensation Plan attached as Exhibit A hereto.
Section 3. The Santa Ana City Council hereby also approved the EM unit Salary Schedule attached to this resolution as Exhibit A-1 reflecting classification and compensation amendments as outlined in previous City Council approved resolutions, grouped by employee unit as recommended by the California Public Employees' Retirement System ( “CalPERS”), and in compliance with CalPERS and Title 2 of the California Code of Regulations § 570.5.
Section 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest and certify the vote adopting this resolution.
ADOPTED this 17th day of March 2026.
___________________________
Valerie Amezcua
Mayor
City Council
18 –
4 3/17/2026
Resolution 2026-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall City Clerk, do hereby attest to and certify the attached Resolution No. 2026-___ to be the original resolution adopted by the City Council of the City of Santa Ana on March 17, 2026.
Date: ___________________ ____________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council
18 –
5 3/17/2026
EXHIBIT A
UNREPRESENTED EXECUTIVE MANAGEMENT (EM)
CLASSIFICATION AND COMPENSATION PLAN
EFFECTIVE MARCH 17, 2026
Section 1. Executive Management (EM) Classification and Compensation Plan.
A. Unrepresented Executive Management (EM) Classifications:
Assistant City Manager (EM)
Deputy City Manager (EM)
Chief Technology Innovations Officer (EM)
Library Services Director (EM)
Executive Director of Community Development (EM)
Executive Director of Finance and Management Services (EM) Executive Director of Human Resources (EM)
Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM)
Police Chief (EM)
B. Schedule of Salaries . The Salary R anges for classifications designated as Executive Management (EM) , is attached hereto as “Attachment 1 ” and made a part hereof as though set forth in full herein. The salary within each salary range is shown in monthly amounts and identifies the minimum salary of th e range up to the maximum salary of the range.
Section 2. Special Pay Additives and Additional Compensation Provisions.
A. Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese, or any other language designated by the City Manager will be paid in the highest amount as available to represented management employees. Incumbents of positions where bilingual proficiency is essentia l to the performance of duties and responsibilities of a critical and/or emergency nature, or of positions where bilingual public contact is a major, essential, or integral element of the work being performed, will be paid $175 per month.
1. Employees who re ceive bilingual assignment pay shall recertify their bilingual capability every three (3) years. Employees who do not successfully pass required recertification examinations shall have their bilingual assignment pay removed.
Unsuccessful employees may reta ke the required certification exam every three (3) months.
City Council
18 –
6 3/17/2026
B. Incentive Pay –. The Police Chief will be afforded the following provisions that apply:
1. Educational Incentive Program
a. Supervisory POST Certificate - A sworn employee who obtains their Supervisory POST certificate, shall be five percent (5%) above their then current base monthly salary step.
b. California Command College or FBI Nat ional Academy - A sworn employee who successfully completes the California Command College, FBI National Academy, or equivalent coursework that focuses on developing leadership skills or increasing knowledge of contemporary law enforcement issues of a management/executive nature shall be paid five percent (5%) above their then current base monthly salary step. c. Master’s Degree - A sworn employee who earns their MA/MS Degree shall be paid five percent (5%) above their then current base monthly salary step.
2. Longevity Pay – The Police Chief will be paid at a rate of four and one -half percent (4.5%) above their base monthly salary step for the completion of six (6) consecutive years of service with the City of Santa Ana.
Section 3. Administration and Applicability of the Basic Classification and Compensation Plan for Classifications of Employment Designated as Unrepresented Executive Management (EM).
A. Unless specified otherwise herein, Executive Management (EM) employees will be afforded, and/or subject to , the same provisions and/or changes in compensation (excluding cost of living adjustments) , fringe benefit plans and allowances , and leave provisions including but not limited to : sick, vacation, management vacation , floating holiday(s); bereavement leave; military leave; jury duty; witness leave; catastrophic and industrial injury leave; City observed paid holidays and holiday closures; cash out provisions for: sick leave, vacation, management vacation, floating holiday, and city paid holidays; City’s Section 125 Plan, g roup health, dental, vision, term life, and long-term disability allowances and plans; wellness plan; technology stipend; access to participation in the City’s voluntary benefit plans (e.g., vision, flexible spending accounts, voluntary life insurance, and 457(b) deferred compensation plan ); CalPERS R etirement benefit; Retirement Health Savings Plan (RHS) participation, including any employer contribution to the employee’s individual RHS plan or the same employer contribution to an association’s or union’s retiree health savings or similar plan on behalf of the member; work week schedule s, as provided in the highest amount available to any non-sworn represented employee’s unit.
The salary ranges for each of the classifications covered by this Plan will be increased in the pay period following July 1 of each year at the same rate as the twelve (12) month percentage increase in the Consumer Price Index for All Urban Consumers (CPI -U) for the Los Angeles-Long Beach-Anaheim area from December of the previous year.
City Council
18 –
7 3/17/2026
B. Hiring Pay Policy. A newly hired Executive Management (EM) employee may be appointed and compensated at any monthly salary rate within the assigned salary range for their job classification as authorized by the City Manager.
C. Rates of Pay for Temporary Part-Time Work. When an employee is hired on a temporary part -time basis in an Executive Management (EM) classification, which is defined as employment of twenty (20) hours or less per work week not to exceed a period longer than one hundred eighty (180) calendar days or nine -hundred and sixty (960) hours in a fiscal year, the employee will be paid at a rate per hour as defined by law for actual time spent i n the duties of their employment. Rate per hour will be computed to the nearest whole cent by dividing the monthly rate as defined by law by 173.33. A computation resulting in exactly one-half (1/2) cent will fix the rate at the next higher whole cent.
D. Temporary Upgrade to a n Executive Management (EM) Classification. Regular employees of the City who are temporarily upgraded into a higher classification for a limited duration to a n Executive M anagement (EM) classification due to a current incumbent’s leave of absence or out -of-class temporary appointment as defined in Section 3.E below, shall receive a minimum five percent (5%) temporary upgrade pay as defined by CCR 571(a)(3) as “compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration,” and is intended to meet the definition of “Compensation Earnable” for Classic members of CalPERS as provided by the Public Employees’ Retirement Law (PERL), and Government Code § 20636.
E. Out-of-Class Appointment to an Executive Management (EM) Classification .
Regular employees of the City who are appointed to an “out -of-class appointment” as defined in Government Code § 20480 of the Public Employees’ Retirement Law (PERL) as, “an appointment to an upgraded position or higher classification by an employer or governing body in a vacant position for a limited duration not to exceed nine-hundred sixty (960) hours in a fiscal year.” A “vacant position” refers to “a position that is vacant during recruitment for a permanent appointment.” A vacant position does not refer to a position that is temporarily available due to anothe r employee’s leave of absence. Executive Management (EM) classification shall receive a minimum five percent (5%) temporary upgrade premium as defined by CCR 571(a)(3) as “compensation to employees who are required by their employer or governing body to work in an upgraded position/classification of limited duration ,” and is intended to meet the definition of “Compensation Earnable” for Classic members of CalPERS as provided by the Public Employees’ Retirement Law (PERL), and Government Code § 20636.
Section 4. Health and Welfare Benefits.
The following optional insurance benefits available to Executive Management (EM) employees are provided through the City’s Section 125 Cafeteria Plan adopted in accordance with the provisions of Internal Revenue Code §125.
Under City Council Resolution No. 98 -54, the City elected to be subject to the Public Employees’ Medical & Hospital Care Act (PEMHCA) to provide medical insurance through CalPERS for Executive Management classifications. The City’s contribution for
City Council
18 –
8 3/17/2026
each employee meets the statutory minimum using the “Unequal Method ” California Government Code §22892(c) (AB-2544).
The City will contribute an allowance, which includes the PEMHCA statut ory minimum, towards the employee’s cafeteria plan in the highest amount as available to any represented employees’ unit covered under the PEMHCA plan.
A. Medical insurance. Eligible Executive Management (EM) employees may choose from the eligible medical insurance plan options offered by CalPERS. If an employee waives medical coverage, they must provide proof of current enrollment in a qualified non- City sponsored group health coverage plan.
B. Dental insurance. Eligible Executive Management (EM) employees will have the ability to select either an HMO or PPO dental insurance plan.
C. Vision insurance. Eligible Executive Management (EM) employees will have the ability to select vision insurance coverage through the City’s insurance provider.
D. Cash-in-Lieu of Benefits. Executive Management (EM) employees will be eligible to receive cash (subject to taxation as wages) through the City’s cafeteria plan if they either waive/opt-out of receiving group health and/or dental benefits after providing proof of other gro up medical and/or dental coverage under a spouse or registered domestic partner’s non-City sponsored plan, or if the premium of the City medical and dental plans they elect do not cost as much as the maximum allowance they receive toward such benefits. To exercise the opt -out choice, an employee must affirm their commitment to maintaining minimum essential coverage throughout the opt -out period by signing a statement. This affirmation should be submitted by the employee during the open enrollment of each pl an year. However, if the City acquires evidence that the employee lacks the specified alternate coverage or if the necessary conditions are not met, the opt- out payment will not be disbursed and the City will not process the payment. In cases where suffici ent documentation or a signed attestation as required is not on record, retroactive payment will not be provided.
1. Employees will possess minimum essential coverage from an alternative source (excluding coverage obtained through the individual market, irrespective of its origin, including Covered California) for the relevant plan year of the opt-out arrangement.
E. Employee Contributions for Benefits. If an Executive Management (EM) employee chooses group or voluntary benefits whose aggregate premium cost exceeds the maximum City contributions to the cafeteria p lan, the City will automatically deduct the excess premium amount on a pre-tax basis (through the City’s Section 125 plan) from the employee’s regular paycheck.
F. Disability Insurance. The City will pay one hundred percent (100%) of the premium cost for a long-term disability insurance plan under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees a monthly benefit plan as provided to the highest amount as available to any represented employees’ unit covered by the City’s plan.
City Council
18 –
9 3/17/2026
G. Life Insurance and Accidental Death & Dismemberment (AD&D). The City will pay one hundred percent ( 100%) of the premium cost for term life and AD&PL D insurance coverage under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees with life and AD&PL D insurance coverage in an amount equal to three times the employee’s annual rate of salary to a maximum of $300,000, subject to carrier contract, terms, and conditions .
In the event an Executive Management (EM) employee is determined to be ineligible for the full benefit of said insurance coverage, the amount of life insurance will be equal the amount for which the employee is eligible for without having to provide evidence of insurability.
Section 5. Leave Accruals and Cash-Out Provisions.
Unless otherwise provided, the highest leave accrual, maximum accrual, and cash-out provisions provided to any represented employee’s unit (Santa Ana Management Association, Confidential Association of the City of Santa Ana, Service Employees International Union Local 721) (Police Management Association for Chief of Police (EM) only), will also be offered to the classifications listed in thi s resolution exhibit including, but not limited to: paid holidays, floating holidays, holiday closures, vacation, “must-use” vacation, management vacation, and “must use” management vacation.
A. Management Vacation Leave.
Executive Management (EM) employees listed in this Resolution meet the definition of “exempt” under §13(a)(1) of the Fair Labor Standards Act (FLSA).
1. Executive Management (EM) employees will be granted one hundred (100) hours of management vacation per calendar year in additi on to regular vacation accrual provisions applicable to represented employees of the City.
2. The City Manager is authorized to grant, at their discretion, additional management vacation leave hours per calendar year.
B. Vacation and Sick Leave Credits for New Hires. The City Manager is authorized to grant a newly appointed Executive Management (EM) employee vacation and sick leave credits up to an amount equal to any earned but unused vacation or sick leave credits available to such appointee at the time of their separation from their most recent previous employer.
C. Vacation Leave Rate of Accrual. The City Manager is authorized to provide longevity credits towards the rate of vacation hours’ accrual for a newly appointed Executive Management (EM) employee. The longevity credit can only be used for the purpose of rate of vacation accrual and is up to, or less than, the accrual level at the time of their separation from their most recent previous employer.
City Council
18 –
10 3/17/2026
D. Paid or unpaid Administrative Leave Policy. The City Manager is authorized to grant, at their discretion, a paid or unpaid leave of absence for Executive Management (EM) employees.
E. Payment for Unused Sick Leave. For all Executive Management (EM) employees employed by the City in a full-time position, except in cases of disability retirement, upon non-disciplinary termination of employment:
1. Payment Up to Five (5) Years. Employees with less than five (5) years of cumulative, consecutive service with the City, each quali fied employee shall be entitled to payment for fifty percent (50%) of the total accrued sick leave benefit credited into either: 1) their individual Retirement Health Savings (RHS) account, or 2) their individual 457 deferred compensation account, or 3) ca sh upon the effective date of such termination, not to exceed a maximum limit of six hundred forty (640) hours, at the base rate of pay effective on the date of such termination.
2. Payment After Five (5) Years. After five (5) years of cumulative, consecutive full- time service with the City, each qualified employee shall be entitled to payment for one hundred percent (100%) of the total accrued sick leave benefit credited into either: 1) their individual RHS account, or 2) their individual 457 defer red compensation account, or 3) cash, not to exceed a maximum limit of one thousand six hundred hours (1,600) hours, at the base rate of pay effective on the date of such termination.
Section 6. Retirement Plan Contributions.
A. The terms of the existing contract between the City and California Public Employees’ Retirement System (CalPERS) governing the City retirement benefits of Executive Management (EM) employees covered by this Resolution are incorporated by reference herein. The City will make contributions to CalPERS in accordance with its contract with CalPERS for employees covered by said contract as amended.
B. The California Public Employees’ Pension Reform Act (PEPRA) went into effect on January 1, 2013. Based on consideration of various eligibility factors, PEPRA defines each employee as either a “classic” or “new” member of CalPERS.
C. 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Miscellaneous Members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit.
D. Payment of 2.7% at 55 Service Retirement Benefit . Classic Miscellaneous Executive Management (EM) employees covered by this Resolution will contribute eight percent (8%) of CalPERS reportable compensation earnable toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment will be implemented as cost- sharing pursuant to Government Code § 20516(f).
1. Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this eight percent ( 8%) employee contribution will be implemented through payroll deductions on a pre-tax basis.
City Council
18 –
11 3/17/2026
E. 2.0% at 62 Service Retirement Benefit for New Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit.
F. Payment of 2.0% at 62 Service Retirement Benefit. Executive Management (EM) employees defined in 6.E. (above) will contribute 50% of normal cost of the 2.0% at 62 retirement benefit. This amount is determined annually by CalPERS.
1. Pre-Taxable Benefit . To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions.
G. 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Safety Members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013, with the 3% at 50 Service Retirement benefit.
H. Payment of 3.0% at 50 Service Retirement Benefit . Classic Safety Executive Management (EM) employees defined in 6.G. (above) will contribute nine percent (9%) of CalPERS reportable compensation earnable toward the employer cost of the 3.0% at 50 enhanced retirement formula. This payment will be implemented as cost -sharing pursuant to Government Code § 20516(f).
1. Pre-Taxable Benefit . To the extent permitted by CalPERS and Internal Revenue Service regulations, this nine percent (9%) employee contribution will be implemented through payroll deduction on a pre-tax basis.
I. 2.7% @ 57 Retirement Benefit for New Safety Members . The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees’ Pension Reform Act (PEPRA) of 2013, with the 2.7% @ 57 Service Retirement benefit.
J. Payment of 2.7% at 57 Service Retirement Benefit. Executive Management (EM) employees defined in 6.I. (above) will contribute 50% of normal cost of the 2. 7% at 57 retirement benefit. This amount is determined annually by CalPERS.
1. Pre-Taxable Benefit . To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions.
K. Final Compensation for Pension C alculation. Final compensation for Classic Safety and Classic Miscellaneous Members will be based on the highest annual average compensation earnable during the 12 consecutive months immediately preceding the effective date of their retirement, or some other 12 consecutive month period designated by the member.
City Council
18 –
12 3/17/2026
Final compensation f or Safety and Miscellaneous Members who are defined as New Members under PEPRA will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of their retirement, or some other 36 consecutive month period designated by the member.
L. Deferred Retirement for Classic Safety and Classic Miscellaneous Members as defined in Section D and H (above). The City will continue to make payments to CalPERS on behalf of each eligible affected employee in an amount necessary to pay one hundred percent (100%) of each employee’s member contribution and report it to CalPERS as special compensation [Government Code § 20636(C)(4)]. This contribution is known as Employer Paid Member Contribution (EPMC), w hich is equal to eight percent (8%) of reportable compensation for Classic Miscellaneous Members and nine percent (9%) for Classic Safety Members . Such payments will be credited to the individual employee’s CalPERS account.
Such payments are not an increase in base salary and no salary range applicable to any of the employees covered by this Resolution will be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus will not withhold federal or state income tax from said payments. The City previously received a ruling from the Internal Revenue Service confirming that such payments are deferred compensation and not ordinary income. In the event that the City receives a new ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City’s obligation to make such payments will discontinue and in place thereof the reportable compensation of each Classic Miscellaneous Member eligible for the 2.7% at 55 Benefits Formula will be increased by eight percent (8%) and each Classic Safety Member eligible for the 3% at 50 Benefits Formula will be increased by nine percent (9%).
For the purpose of reporting an employee’s compensation to CalPERS, the City will include these payments as if they were a part of the employee’s reportable compensation earnable.
Section 7. Tuition Reimbursement.
Executive Management (EM) employees are eligible to participate in the Training and Education Assistance Program provided for all regular, full -time employees of the City .
Reimbursement will be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks and related material for each course. Maximum tuition reimbursement will be paid in the highest amount as available to other represented employees.
Section 8. Retirement Health Savings (RHS) Plan.
A. Employees participate in the Retirement Health Savings Plan (RHS), with the City’s contracted plan administrator. The City shall make contributions into the individual accounts of Executive Management (EM) employees as provided to the highest represented non-sworn employees’ unit.
City Council
18 –
13 3/17/2026
1. Executive Management (EM) employees will contribute one and one - quarter percent (1.25%) of base pay into their individual RHS account each pay period.
a. Effective May 1, 2026 , Executive Management (EM) employees will contribute two an d one half percent ( 2.5%) of base pay into their individual RHS account each pay period.
Section 9. Auto Allowance.
With the exception of the Police Chief who receives a City vehicle, the City will contribute five hundred dollars ($500) per month to each Executive Management (EM) employee to offset reasonable and necessary expenses for the operation, maintenance, and insuring of an automobile. In lieu of receiving five hundred dollars ($500) per month, the employee may request and be provided with a vehicle.
Section 10. Deferred Compensation.
The City has established and maintains a deferred compensation plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code. Executive Management (EM) employees covered under this resolution , at their sole discretion, may defer to have deposited into the City’s 457(b) plan a portion of their compensation up to the maximum amount permitted by law.
All contributions into the 457(b) plan are voluntary employee contributions and will meet the requirements of the Internal Revenue Code.
Section 11. Executive Management (EM) Compensation Determination and Performance-Based Evaluation System.
The provisions of the Executive Management (EM) compensation determination and performance-based evaluation system are as follows:
A. Specific Compensation Determination.
1. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto, and to make appointments at any salary within the established salary range for all Executive Management (EM) positions for which the City Manager is the appointing authority.
2. The City Manager may establish performance criteria and appraisal guidelines to be utilized in determining individual compensation for Executive Management (EM) employees.
3. After the salary of an employee has been first established and fixed under this plan, salary advancement through the salary range will be at the discretion of the City Manager.
City Council
18 –
14 3/17/2026
B. Performance-Based Evaluation Purpose. The basic purpose of the performance- based evaluation system is to help attract, retain , and motivate highly competent Executive Management (EM) employees and to provide them with a strong incentive to excel.
1. Evaluation System Components. The evaluation system will be comprised of the following components:
a. Objectives. The system will include a list of outcome -based, measurable objectives to be achieved which have been mutually agreed upon between the City Manager or authorized appointing authority and each individual Executive Management (EM) employee.
b. Managerial Behaviors. In addition to their performance in achieving agreed upon objectives, each Executive Manage ment (EM) employee will also be evaluated for their managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision-making and judgment, planning and organization, management control, leadership, interpersonal relations, time -management, tec hnical knowledge, handling of stress, etc.
C. Performance Evaluation Guidelines.
1. The City Manager will evaluate the performance of each of their Executive Management (EM) employees to determine their individual eligibility for a performance increase and how much, if any, increase will be given, but such increase cannot exceed the salary range maximum assigned . Such performance evaluation will be for a determined period preceding the date of the performance evaluation.
2. Performance Ratings . Each Executive M anagement (EM) employee ’s performance in relation to their agreed upon objectives and managerial behaviors will be evaluated for an identified period according to the following performance rating scale:
Point Rating Performance Levels
3 Significantly Exceeds Expectations:
Consistently exceeds all objectives requirements and
expectations by a wide margin.
2 Exceeds Expectations:
Consistently meets all objectives and requirements
and exceeds several.
1 Meets Expectations:
Meets objectives and requirements.
City Council
18 –
15 3/17/2026
0 Does not Meet Expectations
3. Performance-Based Incentive Lump Sum Payment . Each Executive Management (EM) employee may receive a lump sum payment in lieu of a salary increase, or a combination of salary increase and lump sum payment, granted by the City Manager for performance if they are at the top of their salary range or the proposed salary increase brings them to the top of their salary range.
D. Application of Guidelines.
1. The incentive lump sum payment granted under this plan is not an increase in base salary and no salary range applicable to any Executive Management (EM) employee covered by this Resolution will be changed or deemed to have been changed by reason of such incentive pay.
2. The lump sum incentive payment defined for overall Extremely Meritorious Performance listed above in Section C.3. is not intended to meet the definition of Special C ompensation under Government Code §20636(c)(1- 7) and, therefore, is not included in calculating final compensation.
3. The City Manager will be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the Executive M anagement (EM) performance-based evaluation system. Suc h procedures and guidelines will define h ow performance objectives, measures , and standards are developed; when and how performance reviews are to be carried out; how performance component ratings and composite ratings will be scored; and how performance incentive lump sum payments are to be exercised.
Section 12. Miscellaneous Provisions.
A. Catastrophic Leave Donation . Executive Management (EM) employees will be eligible to donate and receive catastrophic leave donations as provided to all other represented employees.
B. Technology Device Stipend . Executive Management (EM) employees who use their own personal electronic devices for City business in lieu of r eceiving a City owned device will be eligible to receive a stipend at a level mat ching that provided to all other represented employees.
C. At-Will Employment Relationship. Classifications listed in Section 1.A. are defined as excepted from the Civil Service System as defined in §1002 of the City of Santa Ana Charter Article X – Civil Service and are considered to be employed “at -will” as defined by the California Labor Code §2922. Excepted from Civil Service Executive Management (EM) e mployees are appointed by, and serve at the pleasure of, the City Manager.
Nothing in this Resolution Exhibit shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate employment of an employee at any time, with or without cause.
City Council
18 –
16 3/17/2026
D. Discretion to Provide Severance Pay . The City Manager retains the discretion to provide up to six (6) months of severance pay equal to their monthly CalPERS reportable income plus the value of all City provided pension and medical benefits to any Executive Management (EM) employee who is terminated without cause or subject to lay off from City employment.
City Council
18 –
17 3/17/2026
ATTACHMENT 1
UNREPRESENTED EXECUTIVE MANAGEMENT (EM)
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE MAY 4, 2025
JOB TITLE JOB
CODE MINIMUM MAXIMUM
Assistant City Manager (EM) 00090 19,231 25,000
Chief Technology Innovations Officer (EM) 01701 16,570 21,667 Deputy City Manager (EM) 01791 16,570 21,667
Executive Director of Community Development (EM) 02870 16,570 21,667 Executive Director of Finance and Management Services (EM) 01190 16,570 21,667 Executive Director of Human Resources (EM) 01830 16,570 21,667 Executive Director of Parks, Recreation, and Community Services (EM) 05400 16,570 21,667
Executive Director of Planning and Building Safety (EM) 02490 16,570 21,667 Executive Director of Public Works (EM) 02170 16,570 21,667 Library Services Director (EM) 01561 16,570 21,667
Police Chief (EM) 03390 22,064 27,916
City Council
18 –
18 3/17/2026
Santa Ana Executive Management Classifications Ranked vs. Market
Title
Rank
vs.
Market
# of Market
Matches
% vs.
Median % vs. Top 3
Executive Director of Planning and Building Safety (EM) 4 10 3.80% -8.57% Deputy City Manager (EM) 5 15 6.30% -6.12%
Library Services Director (EM) 5 12 11.50% -3.97%
Police Chief (EM) 5 15 7.40% -9.69%
City Clerk (EM) 7 14 2.50% -37.82%
Chief Technology Innovations Officer (EM) 7 14 5.50% -3.97% Executive Director of Community Development (EM) 9 15 -3.70% -11.79% Executive Director of Parks, Recreation, and Community Services (EM) 9 18 4.80% -9.42% Executive Director of Finance and Management Services (EM) 10 18 -3.40% -19.29% Executive Director of Human Resources (EM) 10 18 -2.20% -13.06% Executive Director of Public Works (EM) 10 17 -2.50% -15.66% Assistant City Manager (EM) 11 17 -1.80% -10.02%
City Council
18 –
19 3/17/2026
City Clerk’s Office
www.santa-ana.org/cityclerk
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Resolution Acknowledging Judgment in a Case Challenging the Rent Stabilization and Just Cause Eviction Ordinance
AGENDA TITLE
Resolution Acknowledging Judgment in a Case Challenging the Rent Stabilization and Just Cause Eviction Ordinance
RECOMMENDED ACTION
Adopt a resolution acknowledging judgment and order by the Court to sever the last sentence of Section 8-3180(a) of the Santa Ana Municipal Code, as provided in Ordinance No. NS-3073, establishing the composition of the Rental Housing Board.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ACKNOWLEDGING JUDGMENT IN CASE
CHALLENGING THE RENT STABILIZATION AND JUST CAUSE EVICTION
ORDINANCE
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On November 5, 2024, 57.63% of the voters of Santa Ana approved Measure CC, titled “An Ordinance of the People of the City of Santa Ana Adopting a Rent Stabilization and Just Cause Eviction Ordinance,” Ordinance No. NS-3073 (“Ordinance”).
On February 4, 2026, the Superior Court of California, County of Orange entered an Amended Judgment (“Judgment”) in the Orange County Apartment House Association, Inc. dba Apartment Association of Orange County v. City of Santa Ana, et al. case, Case No. 30-2023-01308094-CU-JR-CXC (“Litigation”), a case whereby plaintiff challenged the Ordinance on various constitutional grounds alleging four causes of action. The Judgment was entered as follows: 1) the Court granted plaintiff’s motion for summary adjudication on plaintiff’s first cause of action, and 2) the Court granted the City’s motion for summary adjudication as to the second, third, and fourth causes of action.
City Council
19 –
1 3/17/2026
Resolution Acknowledging Judgment in a Case Challenging the Rent Stabilization and Just Cause Eviction Ordinance
March 17, 2026
5 6
3 8
In granting summary adjudication as to plaintiff’s first cause of action, the Court ordered the last sentence of Santa Ana Municipal Code Section 8-3180(a) as stated in the Ordinance, establishing the composition of the Rental Housing Board, be severed from the Ordinance and the remainder of the Ordinance remain in effect.
The Resolution will direct the City Clerk to update City records acknowledging the Court’s Amended Judgment in the Litigation and, as required by the Court, severing the last sentence of Section 8-3180(a) which reads: “The Board Members of the Rental Housing Board shall be comprised of: 1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and 3) Two (2) at-large Members with no financial interest in and no ownership of income-generating rental housing.”
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
2. Ordinance with the severed language in strikethrough font
3. Ordinance with the severed language removed/deleted
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager
City Council
19 –
2 3/17/2026
Resolution No. 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA ACKNOWLEDGING JUDGMENT IN CASE CHALLENGING
THE RENT STABILIZATION AND JUST CAUSE EVICTION
ORDINANCE
WHEREAS, on November 5, 2024, 57.63 percent of the voters of Santa Ana approved Measure CC, titled “An Ordinance of the People of the City of Santa Ana Adopting a Rent Stabilization and Just Cause Eviction Ordinance ,” Ordinance No. NS- 3073 (“Ordinance”); and
WHEREAS, on February 4, 2026, the Superior Court of California, County of Orange entered an Amended Judgment (“Judgment”) in the Orange County Apartment House Association, Inc. dba Apartment Association of Orange County v. City of Sa nta Ana, et al. case, Case No. 30-2023-01308094-CU-JR-CXC (“Litigation”), a case whereby plaintiff challenged the Ordinance on various constitutional grounds alleging four causes of action. The Judgment was entered as follows: 1) the Court granted plaintiff’s motion for summary adjudication on plaintiff’s first cause of action, and 2) the Court granted the City’s motion for summary adjudication as to the second, third, and fourth causes of action; and
WHEREAS, in granting summary adjudication as to plaintiff’s first cause of action, the Court ordered the last sentence of Section 8-3180(a) of the Santa Ana Municipal Code as stated in the Ordinance, establishing the composition of the Rental Housing Board, be severed from the Ordinance and the remainder of the Ordinance remain in effect;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. City Council hereby acknowledges the Judgment entered on February 4, 2026 in the Litigation referenced above. A true and correct copy of Measure CC, Ordinance NS-3073, with strikethrough font as to the severed provision as ordered by the Court in the Judgment is attached hereto as Exhibit A. A true and correct copy of Measure CC, Ordinance NS -3073, with deletion of the severed provision as ordered by the Court in the Amended Judgment is attached hereto as Exhibit B.
Section 2. The City Clerk is hereby directed to update City records acknowledging the Court’s Amended Judgment in the Litigation and, as required by the Court, severing the last sentence of Section 8-3180(a) which read: “The Board Members of the Rental Housing Board shall be comprised of: 1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and 3) Two (2) at-large Members with no financial interest in and no ownership of income-generating rental housing.” .
City Council
19 –
3 3/17/2026
Resolution No. 2026-XXX
Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this _____ day of ____________, 2026.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Andrea N. Garcia
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, JENNIFER L HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________.
Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council
19 –
4 3/17/2026
Exhibit A
1 ORDINANCE NO. NS-3073
MEASURE “CC”
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
SANTA ANA ADOPTING A RENT STABILIZATION AND
JUST CAUSE EVICTION ORDINANCE
THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS:
Section 1. The People of the City of Santa Ana herby adopt a Rent Stabilization and Just Cause Eviction Ordinance and it shall read as follows:
ARTICLE XIX. – RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE DIVISION 1. – GENERALLY
Section 8-3100 – Title
This Article shall be known in its entirety as the “City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance” and, for the sake of convenience, as the “Rent Stabilization and Just Cause Eviction Ordinance.” Section 8-3101 – Reserved.
Section 8-3102 – Definitions
a) For purposes of this Article, the words and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended. b) Words and phrases used in this Article, which are not specifically defined, shall be construed according to their context and the customary usage of the language. c) Words and phrases defined:
“Annual Allowable Rent Adjustment” means the limit on the Maximum Allowable Rent Increase, which a Landlord may charge on any Rental Unit each year.
“Capital Improvement” means an improvement, addition or major repair to a Rental Unit that were paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance), provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the
City Council
19 –
5 3/17/2026
2 useful life of the improvement, such as: structural, electrical, plumbing, or mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children’s play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto and determined by the Rental Housing Board. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of completion or after a Notice of Violation by a government agency ordering repairs.
“City” means the City of Santa Ana.
"Hearing Officer” means a person who has been appointed by the Program Administrator to perform the duties set forth in this Article. “Housing Services” means those services provided and associated with the use or occupancy of a Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Rental Unit is located and/or of the property on which such Rental Unit is located. “Landlord” or “Owner” means an owner of record, lessor, sublessor or any person, partnership, corporation, family trust, or any other business entity, or any successor in interest thereto, offering for rent or lease any Rental Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the City and shall include the employee, agent or representative of the Landlord if the agent or representative has the full authority to answer for the Landlord and enter into binding agreements on behalf of the Landlord. "Mediator” means a person whom the Program Administrator determines meets all of the following criteria:
1) Has received forty (40) to eighty (80) hours of formal training in mediation, including training in anti-racism, elimination of bias, diversity, equity, inclusion, and cultural competency; and,
City Council
19 –
6 3/17/2026
3 2) Has mediated Rent disputes and/or has had other experience or training showing a capability to mediate the issues which arise in landlord/tenant disputes.
“Mobilehome” means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a Mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
“Mobilehome Space” means the rental of a spot for a Mobilehome within a Mobilehome Park by a homeowner, as defined in Civil Code section 798.9, or a resident, as defined in Civil Code section 798.11. “Mobilehome Park” means an area of land where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used for human habitation.
“Net Operating Income” means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses).
“Operating Expenses” means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs.
“Program Administrator” is a person designated by the City Manager to administer the provisions of this Article.
“Rental Registry Fee” or “Fee” means the fee the City imposes on each Rental Unit to cover the costs to administer the provisions of this Article. “Rent” means all periodic compensation, including all non-monetary consideration, that a Tenant provides to a Landlord concerning the use or occupancy of a Rental Unit, including any amount included in the Rent for utilities (unless separately billed to the Tenant by the utility company), parking, storage, pets or for any other fee or charge associated with the Tenancy for the use or occupancy of a Rental Unit and related Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rent, fees, and costs included within the Mobilehome
City Council
19 –
7 3/17/2026
4 Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rent, as applicable.
“Rent Increase” means any additional Rent demanded of or paid by a Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit.
“Rental Agreement” means a lease, sublease, or other agreement, written, oral or implied, between a Landlord and a Tenant for the use and/or occupancy of a Rental Unit and for Housing Services. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rental agreements or leases within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rental Agreement, as applicable.
“Rental Housing Board” or “Board” means the Rental Housing Board established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana Municipal Code.
“Rental Registry” means the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee.
“Rental Unit” means any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article.
“Residential Real Property” or “Residential Property” means any housing unit, including a room or group of rooms designed and intended for occupancy by one or more persons, including a Rental Unit and a Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent or lease in the City.
“Tenancy" means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park.
“Tenant” means any renter, tenant, subtenant, lessee, sub-lessee, roommate with Landlord’s consent, or any other person or entity entitled under the terms of a Rental Agreement, or by sufferance, or by state or
City Council
19 –
8 3/17/2026
5 federal law, to the use or occupancy of any Rental Unit and (i) has the legal responsibility for the payment of Rent for a Rental Unit or (ii) has agreed to pay the Rent for a Rental Unit.
Section 8-3103 – Implementing Regulations, Policies and Procedures The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures.
Section 8-3104 – Mobilehome Residency Law
The provisions of this Article shall not supersede the regulations of the state Mobilehome Residency Law, Civil Code section 798, et seq., as applicable. If there is any conflict between the terms of this Article and the Mobilehome Residency Law, the Mobilehome Residency Law shall prevail.
Secs. 8-3105 - 8-3119. Reserved.
DIVISION 2. – JUST CAUSE EVICTIONS
Section 8-3120 – Restrictions on Termination of Tenancy without Just Cause (a) After a Tenant has continuously and lawfully occupied a Residential Real Property for thirty (30) days, the Owner of the Residential Real Property shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code section 798.56, as applicable.
1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of Tenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the property. The notice shall be written in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
City Council
19 –
9 3/17/2026
6 2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any Residential Real Property or Mobilehome Space, is required to provide written notice to Tenants of their rights under this Division as follows:
A. The notice required by this Division must be on a form prescribed by the City and include the following information:
i. The existence and scope of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and,
ii. The right to relocation assistance in limited
circumstances pursuant to subsection (d)(2) herein.
B. The Owner must provide Tenant with the notice upon serving any notice of change in terms of Tenancy.
C. The Owner must provide the notice on or before the
commencement of all Tenancies initiated after the effective date of this Division.
(b) For purposes of this section, “just cause” includes either of the following:
1) At-fault just cause, which is any of the following:
A. Default in the payment of Rent.
B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A “breach of a material term” shall not include:
i. The obligation to limit occupancy, provided that the additional occupant who joins the Tenant of the
Residential Real Property thereby exceeding the limits on occupancy set forth in the lease is:
I. A dependent under age 18, or
II. A replacement Tenant who moved in after an
approved Tenant vacated the Residential Real
Property, so long as the addition does not exceed
the Uniform Housing Code.
City Council
19 –
10 3/17/2026
7 i. The Owner shall have the right to approve
or deny the prospective additional or
replacement Tenant, who is not a minor
dependent child, provided that the Owner
does not unreasonably withhold approval. If
the Owner fails to respond to the Tenant in
writing with a description of the reasons for
the denial of the request within a
reasonable amount of time of receipt of the
Tenant’s written request, the Tenant’s
request shall be deemed approved by the
Owner if the lease is for a period of one (1)
year or less.
ii. A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a Tenant’s written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner
from providing legally required notice of a change in the terms of the Tenancy.
C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
E. The Tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
F. Criminal activity by the Tenant on the Residential Real Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Real Property, that is directed at any Owner or agent of the Owner of the Residential Real Property or members of Tenant’s household or other Tenants of the Residential Real Property. This at-fault, just cause provision
City Council
19 –
11 3/17/2026
8 shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault, just cause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real Property is available.
G. Assigning or subletting the premises in violation of the Tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
i. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy
based on a Tenant’s sublease of the Residential Real
Property if all the following requirements are met:
I. The Tenant requests permission from the Owner
in writing to sublease the Residential Real
Property;
II. The Tenant continues to reside in the Residential
Real Property as their primary residence;
III. The sublease replaces one or more departed
Tenants under the lease on a one-for-one basis;
and
IV. The Owner fails to respond to the Tenant in writing within a reasonable amount of time of the receipt
of the Tenant’s written request. If the Owner fails
to respond to the Tenant’s written request, the
request shall be deemed approved by the Owner if
the lease is for a period of one (1) year or less. An
Owner’s reasonable refusal of the Tenant’s written
request may be based on, but is not limited to, the
ground that the total number of occupants in a
Residential Real Property exceeds the maximum
number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor
provision.
H. The Tenant’s refusal to allow the Owner to enter the Residential Real Property as authorized by Sections 1101.5 and 1954 of the
City Council
19 –
12 3/17/2026
9 Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
J. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K. When the Tenant fails to deliver possession of the Residential Real Property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
2) No-fault just cause, which includes any of the following:
A.
i. Intent to occupy the Residential Real Property by the Owner or their spouse, domestic partner, children,
grandchildren, parents, or grandparents.
ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a
provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner,
children, grandchildren, parents, or grandparents
unilaterally decides to occupy the Residential Real
Property for a period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City.
Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed Rental Agreement or fixed-term lease constitutes a
similar provision for the purposes of subparagraph (E) of paragraph (1).
B. Withdrawal of the Residential Real Property from the rental market for an anticipated period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City.
City Council
19 –
13 3/17/2026
10 i. The Owner complying with any of the following:
I. An order issued by a government agency or court
relating to habitability that necessitates vacating
the Residential Real Property.
II. An order issued by a government agency or court
to vacate the Residential Real Property.
III. A local ordinance that necessitates vacating the
Residential Real Property.
ii. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the Tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
D.
i. Intent to demolish or to substantially remodel the
Residential Real Property.
ii.
I. The Owner shall provide advance notice to the
Tenant of the ability to reoccupy the unit upon
completion of the repairs, or if requested by the
Tenant, the right of first refusal to any comparable
vacant Rental Unit which has been offered at
comparable Rent owned by the Owner; and
II. In the event the Owner seeks to rent the
remodeled unit within six (6) months following the
completion of the remodeling work, the evicted
Tenant shall have the right of first refusal to
reoccupy and rent the unit, unless the Owner
provides a written waiver by the Tenant of their
right to reoccupy the premises pursuant to this
subsection.
iii. For purposes of this subparagraph, “substantially
remodel” means the replacement or substantial
modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a
governmental agency, or the abatement of hazardous
materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, State, and local
City Council
19 –
14 3/17/2026
11 laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Residential Real Property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a substantial remodel. (c) Before an Owner of Residential Real Property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.
1) Any written notice to cease or correct must:
A. Be dated and served upon the Tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended;
B. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings;
C. Inform the Tenant of the right to request a reasonable accommodation;
D. Inform the Tenant of the contact number for the Program Administrator; and
E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and
circumstance(s) that support the reason(s) for the eviction. (d)
1) For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (a), if an Owner of Residential Real Property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the Tenant’s income, at the Owner’s option, do one of the following:
City Council
19 –
15 3/17/2026
12 A. Assist the Tenant to relocate by providing a direct payment to the Tenant as described in paragraph 3; or
B. Waive in writing the payment of Rent for the final three (3) months of the Tenancy, prior to the Rent becoming due.
2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the Tenant of the Tenant’s right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Owner elects to waive the Rent for the final three (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy.
3)
A. The amount of relocation assistance or Rent waiver shall be equal to three (3) months of the Tenant’s Rent that was in effect when the Owner issued the notice to terminate the Tenancy.
Any relocation assistance shall be provided within 15 calendar days of service of the notice.
B. If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
C. The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
4) An Owner’s failure to strictly comply with this section shall render the notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code.
2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
City Council
19 –
16 3/17/2026
13 3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 4) Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Real Property.
5) Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
6) A duplex in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy.
7) Housing that has been issued a certificate of occupancy within the previous 15 years.
8) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
B.
i. The Tenants have been provided written notice that the Residential Property is exempt from this section using the following statement: “This property is not subject to the just cause requirements of Santa Ana Municipal Code
Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8- 3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
City Council
19 –
17 3/17/2026
14 ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the Rental Agreement. iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the Rental Agreement.
iv. Addition of a provision containing the notice required under clause (i) to any new or renewed Rental
Agreement or fixed-term lease constitutes a similar
provision for the purposes of subparagraph (E) of
paragraph (1) of subdivision (b).
9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An Owner of Residential Real Property subject to this section shall provide notice to the Tenant as follows:
1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.
2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or Rental Agreement.
3) The notification or lease provision shall be in no less than 12-point type, and shall include the following: “The Santa Ana Municipal Code provides that after all of the Tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy.
See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information.”
(g) It shall be a defense to an action for possession of a Rental Unit under this Division if a trier of fact determines that:
City Council
19 –
18 3/17/2026
15 1) Both of the following provisions apply:
A. The Tenant or Tenant’s household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one of the following:
i. A temporary restraining order, emergency protective
order, or protective order issued within the last 180 days pursuant to law that protects the Tenant or a household member from domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or
stalking; or
ii. The Tenant or a member of their household has filed a police report within the previous 180 days alleging that they are a victim of domestic violence, elder or
dependent adult abuse, sexual assault, human
trafficking, or stalking.
B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise,
disturbances, or repeated presence of police.
2) Notwithstanding this Section, an Owner may terminate the Tenancy if:
A. The Tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or
B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Tenants, guests, invitees, or to a Tenant’s right to quiet
City Council
19 –
19 3/17/2026
16 enjoyment and the Owner previously gave the Tenant a three (3) day written notice to cease and correct this violation.
3) The provisions of this Division shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. (h) It shall be a defense to a no fault just cause action for possession of a Rental Unit under this Division if a person under the age of 21 is a resident of the subject Rental Unit, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term. (i) At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner shall provide notice of such proposed sale to the Mobilehome Park residents and prepare a report on the impact of the sale of the Mobilehome Park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the Mobilehome Park to be sold to find adequate housing in a Mobilehome Park, as applicable.
(j) Any waiver of the rights under this section shall be void as contrary to public policy.
Section 8-3121 – Notice of Termination of Tenancy.
(a) When terminating a Tenancy either at-fault or no-fault, an Owner must comply with all of the following:
1) The Owner must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the Tenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one at-fault or no-fault just cause reason as provided in section 8-3120(b); and 2) The Owner has not accepted and will not accept Rent or any other consideration in return for the continued use of the Residential Property beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and
3) The Owner qualifies the termination as at-fault or no-fault just cause, as specified in section 8-3120(b); and
City Council
19 –
20 3/17/2026
17 4) The Owner has submitted to the City, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant, through the City’s Rental Registry portal. The Owner shall maintain proof of service to the City as evidence that the Owner has complied with this section. 5) The Owner must provide the notice in the language that the Owner and Tenant used to negotiate the terms of the Tenancy, in addition to English.
Section 8-3122 – Retaliatory Eviction and Anti-Harassment. (a) Retaliatory Eviction.
1) If the main intent of the Owner in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent, then the Owner may not terminate the Tenancy or refuse to renew the Tenancy or cause the Tenant to quit involuntarily.
2) A Tenant may assert retaliation affirmatively or as a defense to the Owner’s action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Article and the alleged act of retaliation.
3) Retaliation against a Tenant because of the Tenant's exercise of rights under this Article is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Article in evaluating a claim of retaliation.
(b) Anti-Harassment. No Owner, or any person, acting as a principal or agent, offering Residential Real Property for rent, or any contractor, subcontractor or employee of the Owner shall, with respect to Residential Real Property under any Rental Agreement or other Tenancy or estate at will, however created, do any of the following:
1) Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3.
A. ‘Interrupt, terminate, or fail to provide Housing Services’ in this provision does not include interruptions, terminations, or failure
City Council
19 –
21 3/17/2026
18 to provide Housing Services as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner’s control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to Tenants as required by a signed Rental Agreement.
2) Take any of the following actions in bad faith:
A. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws;
B. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
C. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
D. Conduct elective renovation or construction of unit for the purpose of harassing a Tenant;
E. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit; F. Refuse to cash or process a Rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered;
G. Fail to maintain a current address for delivery of Rent payments; H. Violate a Tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a Tenancy;
I. Release information protected by the Tenant's right to privacy except as required or authorized by law; or
J. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable
accommodation.
City Council
19 –
22 3/17/2026
19 3) Abuse the right of access into Residential Real Property as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the Tenant agrees otherwise; entries contrary to a Tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a Rental Unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing Residential Real Property. 4) Influence or attempt to influence a Tenant to vacate Residential Real Property through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.
5) Threaten the Tenant, by word or gesture, with physical harm, or abuse Tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications.
6) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 7) Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Owner. No Owner shall be liable under this subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action. 8) Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy. 9) Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False
City Council
19 –
23 3/17/2026
20 information includes, without limitation, requesting or demanding a Tenant:
A. Sign a new Rental Agreement not in the Tenant's primary language if:
i. Rental Agreement negotiations were conducted in the
Tenant's primary language;
ii. The existing Rental Agreement is in the Tenant's primary language; or
iii. Owner is otherwise aware that the new Rental
Agreement is not in Tenant's primary language.
B. Enter into a Rent repayment plan if the Owner states, misrepresents, suggests, or implies, that the Tenant should or must do so to take advantage of Tenant protection laws that do not in fact require such plans.
10)Offer payments to:
A. A Tenant to vacate more than once in six (6) months, after the Tenant has notified the Owner in writing that the Tenant does not desire to receive further offers of payments to vacate; B. Attempt to coerce Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.
11)Communicate with Tenant in a language other than Tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying Tenant.
12)Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.
13)Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.
City Council
19 –
24 3/17/2026
21 14)Remove a housing service for the purpose of causing the Tenant to vacate the Residential Real Property. For example, taking away a parking space knowing that a Tenant cannot find alternative parking and must move.
15)Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature informing other Tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards.
16)Threatening or intimidating a Tenant based on their immigration or citizenship status or otherwise disclosing a Tenant’s immigration or citizenship status in violation of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended.
Secs. 8-3123 - 8-3139. - Reserved.
DIVISION 3. – RENT STABILIZATION
Section 8-3140 – Prohibited Increases.
(a) Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City’s calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in Rent.
City Council
19 –
25 3/17/2026
22 (b) No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable Rent Increase based on subsection (a) herein, which shall be effective as of September 1 of that year.
Section 8-3141 – Reasonable Rate of Return.
This ordinance allows for an annual adjustment of Residential Real Property or Mobilehome Space Rent of up to three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less. A Consumer Price Index-based increase is found and determined to provide a just and reasonable return on an Owner’s property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive Rents and rental increases. Notwithstanding the foregoing, however, any Owner of Residential Real Property or a Mobilehome Park who contends that the limit on rental increases set forth in Section 8-3140 above will prevent the Owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 8-3140 pursuant to the procedures set forth in this Division.
Section 8-3142 – Fair Return Petition for Rent Increase. (a) A Landlord may submit a Fair Return Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a Rent Increase in excess of that provided in this Division in order to obtain a fair and reasonable return on the Rental Unit.
(b) Standard of Review. All relevant factors shall be considered when evaluating a Fair Return Petition, including, but not limited to, the following:
1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics;
2) The Rent lawfully charged for comparable Rental Units in the City; 3) The length of time since the last determination on a Fair Return Petition, or the last Rent Increase if no previous Fair Return Petition has been made;
4) The completion of any rehabilitation work related to the Rental Unit, and the cost thereof, including materials, labor, construction interest, permit fees, and other items deemed appropriate; 5) Changes in property taxes or other taxes related to the Rental Unit; 6) Changes in the Rent paid by the Landlord for the lease of the Rental Unit;
City Council
19 –
26 3/17/2026
23 7) Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of reimbursement from the Tenants;
8) Changes in reasonable Operating Expenses;
9) Changes in Net Operating Income;
10) The need for repairs caused by circumstances other than ordinary wear and tear;
11) The amount and quality of Housing Services provided by the Landlord to the Tenants;
12) Compliance with any existing Rental Agreement lawfully entered into between the Landlord and Tenants; and
13) Landlord’s substantial compliance with this Article and applicable housing, health and safety codes.
Section 8-3143 – Capital Improvement Petition
(a) Effective July 1, 2023, or as modified by resolution of the City Council, a Landlord may submit a Capital Improvement Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a pass-through cost to the Tenants to cover expenses incurred by the Landlord to complete Capital Improvements for the Rental Unit pursuant to the following provisions:
1) The Capital Improvement was paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance);
2) The Capital Improvement was paid for and completed prior to the filing of the Capital Improvement Petition;
3) A Capital Improvement Petition must be initiated by the Landlord within two (2) years of completion of the Capital Improvement; 4) A Capital Improvement Petition shall not apply to Rental Units or new Tenants whose initial Rent was established after the Landlord completed the Capital Improvement;
5) The Landlord may not require a Tenant to pay any amount of any cost that is attributable to any period of time that the Tenant was not entitled to use and occupy the Rental Unit;
6) The Landlord may not require a Tenant to pay more than the Tenant’s share of the cost attributable to that Tenant’s Rental Unit that is permitted to be passed through to the Tenant;
7) If the Capital Improvement inures solely to the benefit of one or more of the Rental Units, but to less than all, the surcharge shall be so annualized, but shall be applied and/or prorated only with respect to the one or more Rental Units actually so benefited;
City Council
19 –
27 3/17/2026
24 8) Equipment otherwise eligible as a Capital Improvement will not be considered if a “use fee” is charged (i.e. – coin operated washer and dryers); and,
9) Pass through costs for Capital Improvements shall not be considered Rent and shall not be increased when Rent Increases, nor shall they be considered Rent for purposes of calculating a Rent Increase.
(b) Calculating Capital Improvements. Any Capital Improvement pass- through cost must be calculated according to the following:
1) Capital Improvement costs must be amortized over the useful life of the Capital Improvement, not to exceed ten percent (10%) of the current Rent; for the purposes of such computation, the current Rent for any time period shall not include any Capital Improvement pass-through amounts;
2) For mixed-use structures and Landlord-occupied Rental Units, only the percent of residential square footage will be applied in the calculations;
3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. – insurance, court-awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluating a Capital Improvement Petition, including the following:
1) Capital Improvement completed;
2) Landlord’s Petition made within two (2) years of completion of Capital Improvement;
3) Distinguished from ordinary repair or maintenance;
4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit;
6) No “use fee” or other charge imposed on Tenants for its use; and, 7) Cost-factored and amortized.
Section 8-3144 – Tenant Petition
City Council
19 –
28 3/17/2026
25 (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Tenant may submit a Petition to the Program Administrator in accordance with the procedures set forth in this Division on any one (1) or more of the following grounds:
1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase;
2) To request a reduction in Rent based on decreased Housing Services;
3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations;
4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or,
5) For any other violation of this Article by the Landlord. (b) Tenant’s time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits:
1) Tenant receiving a notice of Rent Increase shall have thirty (30) days after service of such notice to file a Petition for review of Rent; 2) In instances where notice is not provided as required, the Tenant shall file a Petition for review of Rent within thirty (30) days after Tenant knew of the alleged failure to comply with the requirements of this Article; and,
3) For any other violation(s) of this Article by the Landlord, the Tenant shall file a Petition within one hundred and eighty (180) days of the alleged violation(s).
(c) Standard of Review. All relevant factors shall be considered when evaluating a Tenant Petition, including the following:
1) Landlord allows violations of this Article or other applicable state and local statutes to persist;
2) Any reduction of Housing Services, living space, or amenities; 3) Substantial deterioration of the Rental Unit other than as a result of ordinary wear and tear;
4) Landlord’s failure to provide adequate Housing Services; 5) Tenant provided Landlord with reasonable notice and opportunity to correct the conditions that provide the basis for the petition; and, 6) Landlord’s failure to comply substantially with this Article or applicable housing, health and safety codes.
City Council
19 –
29 3/17/2026
26 (d) Restoration of Rent Decrease. Where a Rent decrease has been ordered pursuant to this Division due to a decrease in Housing Services or failure to maintain habitability, the amount of Rent decreased (return of excess Rent) may be restored in accordance with procedures set out in the regulations when the former Housing Services or maintenance levels are reinstated.
Section 8-3145 – Petition Process
A Landlord or a Tenant may file Petitions with the Program Administrator, as provided in this Division. For purposes of this Petition process, the Landlord and each Tenant of a Rental Unit that is the subject of a Petition shall be a “party” to the Petition.
The Program Administrator shall promulgate regulations regarding procedures for Petitions filed under this Article. Petitions shall be governed by such regulations and by the provisions of this Section. Petitions shall be available in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
(a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall notify the petitioner of the acceptance or denial of the Petition based on the completeness of the submission. The Program Administrator shall not assess the merits of the Petition, and shall only refuse acceptance of a Petition that does not include required information or documentation or comply with the requirements of this Division.
(b) Filing Fee. Fees for the filing of any Petition shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule. (c) Prior Petition. Notwithstanding any other provision of this Division, no Petition shall proceed if a decision has been made with regard to a prior Petition based on the same or substantially the same grounds within the previous one hundred and eighty (180) days.
(d) No Landlord Petition or upward adjustment of Rent shall be authorized under this Division if the Landlord:
1) Has continued to fail to comply, after order of the Board, with any provisions of this Article and/or orders or regulations issued thereunder by the Board; or,
2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability.
(e) Notice of Petition. As soon as possible after acceptance of a Petition, the Program Administrator shall provide written notice to the Landlord, if the Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt of such a Petition. The written notice shall inform the parties of the Petition process, the
City Council
19 –
30 3/17/2026
27 right to respond, and include a copy of the completed Petition and supportive documents. Any response submitted by the responding party will be made available to the petitioning party.
(f) Hearing Officer. An impartial Hearing Officer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers:
1) To make a determination on a Petition; and
2) Any other powers delegated to the Hearing Officer by the Board. (g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its own motion, in the Board’s sole discretion, may hold a hearing on a Petition without the Petition first being heard by a Hearing Officer.
(h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the time, date, and place of the hearing.
(i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying the same building shall be consolidated for hearing, unless the Program Administrator or Hearing Officer finds good cause not to consolidate such Petitions. (j) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, or any other persons designated by said parties.
(k) Rules of Evidence. Formal rules of evidence shall not be applicable to hearings on Petitions. At such a hearing, the parties may offer any documents, testimony, written declarations, or other evidence that, in the opinion of the Hearing Officer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer.
(l) Evidence. Any party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The Hearing Officer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The Hearing Officer may request the City to conduct a current building inspection if the Hearing Officer finds good cause to believe the current information does not reflect the current condition of the Rental Unit. All documents required under
City Council
19 –
31 3/17/2026
28 this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied.
(m) Quantum of Proof. The party who files the Petition shall have the burden of proof. No Petition shall be granted unless supported by the preponderance of the evidence submitted at the hearing.
(n) Time for Decision. The policies and procedures adopted by the Board shall provide for final action on any Petition within a reasonable time. (o) Notice of Decision. The Hearing Officer shall make a determination on the merits of the Petition and shall provide a written statement of decision, including findings upon which the determination is based. The Hearing Officer’s decision on a Petition may be reasonably conditioned in any manner necessary to effectuate the purposes of this Article. Additionally, the parties to the hearing shall also be notified of their right to any appeal allowed by the Board and/or to judicial review of the decision pursuant to this Division.
(p) Hearing Record. The record of the hearing shall include: the Petition; all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. (q) Appeal. Any person aggrieved by the decisions of the Hearing Officer may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) days after receipt of the notice of the decision of the Hearing Officer. On appeal, the Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the Board elects to conduct a de novo hearing, Board review of the Hearing Officer’s decision shall be based on the hearing record without holding a new hearing. The Board may consider additional evidence for good cause, including evidence which did not exist at the time of the hearing or which could not be discovered using due diligence by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the Santa Ana Municipal Code.
(r) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the Board in the event of no appeal to the Board. The decision of the Hearing Officer shall not be stayed pending appeal; however, in the event that the Board on appeal reverses or modifies the decision of the Hearing Officer, the Board shall order the appropriate party to make retroactive payments, as applicable, to restore the parties to the position they would have occupied had the Hearing Officer’s decision been the same as that of the Board.
City Council
19 –
32 3/17/2026
29 Section 8-3146 – Voluntary Mediation
(a) Voluntary mediation services shall be provided by the City. Upon request, the Program Administrator shall appoint a Mediator and set a date for a mediation no later than thirty (30) days after the acceptance of the subject Petition, unless the Program Administrator determines that additional time is required under the circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in writing of the date, time, and place of the mediation hearing at least ten (10) days prior to the mediation. This notice shall be served either in person or through ordinary mail or electronic correspondence.
(b) It is the intent and purpose of mediation to provide a process in which Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process.
(c) Mediation is a voluntary collaborative process wherein the Landlord and Tenant(s) who have a disagreement can develop options, consider alternatives, and develop a consensual agreement. The role of the Mediator is to facilitate open communication to resolve a dispute in a non-adversarial and confidential manner. (d) If the Landlord and Tenant agree to a resolution, the Mediator may assist the parties in preparing a written settlement agreement for the signature of the Landlord and the Tenant, provided that in doing so the Mediator confines the assistance to stating the settlement as determined by the parties. Such agreement shall constitute a legally enforceable contract.
(e) Should the parties fail to agree to a resolution, or the Mediator determines that the parties have reached an impasse, the Mediator may refer the Petition back to the Program Administrator to continue the Petition review process detailed in this Division.
(f) All documents and results related to mediations and facilitations held pursuant to this Article shall be kept confidential and shall be inadmissible as evidence in any subsequent administrative or judicial proceeding. (g) The Mediator and/or Program Administrator shall provide documentation and translation services in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
City Council
19 –
33 3/17/2026
30 Section 8-3147 – Exemptions.
(a) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following: any Residential Real Property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa-Hawkins Rental Housing Act addressing exemptions, as applicable.
(b) Pursuant to the Mobilehome Residency Law, the provisions of this ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to a long term (more than one year) Rental Agreement (California Civil Code section 798.17); any newly constructed Mobilehome Space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as a person’s primary residence that are not being leased to someone else (California Civil Code section 798.21); and, any other provisions of the Mobilehome Residency Law addressing exemptions, as applicable.
(c) Pursuant to the Tenant Protection Act of 2019, Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following:
(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (3) Housing that has been issued a certificate of occupancy within the previous 15 years.
(4) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code.
City Council
19 –
34 3/17/2026
31 ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
B.
i. The Tenants have been provided written notice that the Residential Real Property is exempt from this section
using the following statement:
“This property is not subject to the Rent limits
imposed by Santa Ana Municipal Code section 8-
3140 and the Owner is not any of the following: (1) a
real estate investment trust, as defined by section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one
member is a corporation.”
ii. For a Tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to be provided in the Rental Agreement. iii. For a Tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the Rental Agreement.
(5) A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
Section 8-3148 – Rent Increase Ineffective.
No Rent Increase shall be effective if the Owner:
(a) Fails to substantially comply with all provisions of this Division, including but not limited to the failure to provide notices as required; or (b) Fails to maintain the Residential Real Property or Mobilehome Space in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health
City Council
19 –
35 3/17/2026
32 and Safety Code section 18000, et seq.; or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as applicable; or
(c) Fails to make repairs ordered by the City or court of competent jurisdiction.
(d) No Rent Increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
Section 8-3149 – Notice Requirements.
(a) An Owner of any Residential Real Property or Mobilehome Space subject to this provision shall, on or before the date of commencement of a Tenancy, give the Tenant a written notice in a form prescribed by the City which must include the following information:
(1) The existence and scope of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and
(2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division.
(b) As part of any notice to increase Rent, an Owner must include:
(1) Notice of the existence of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and
(2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division, unless such Rent Increase is pursuant to an approved Fair Return Petition.
(3) No Rent Increase shall take effect until the requirements of this Division have been met.
(c) The Owner must give notices to the Tenant in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) as well as English. (d) Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal.
City Council
19 –
36 3/17/2026
33 Secs. 8-3150 - 8-3159. - Reserved.
DIVISION 4. – RENTAL REGISTRY AND RENTAL REGISTRY FEE
Section 8-3160 – Rental Registry
Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following:
(a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article.
Registration of a Rental Unit shall not be complete until an Owner has:
1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management.
1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new Owner, within thirty (30) days of the close of escrow.
2) The new Owner is required to file a Registration Form with the City within sixty (60) days of such change. The new Owner’s Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new Owner and of the new Owner’s property manager or representative, and a declaration that the new Owner served the written notification on all the Tenants.
3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the Owner or authorized agent changes.
(c) Re-Registration Following a Vacancy. A Landlord shall, in the manner described herein, re-register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re-rented.
City Council
19 –
37 3/17/2026
34 (d) Claim of Exemption. Any Landlord that is claiming any exemption from this Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by the Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures. (e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status. (f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date.
(g) Contents of Registration Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form:
1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current Owners, authorized representatives and property managers;
4) Date of assumption of ownership by current Owners;
5) Current Rent;
6) Date and amount of last Rent Increase; and
7) Move-in date of current Tenant(s).
The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in furtherance of the objectives of this Article.
(h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information provided in the Rental Registration Form is true and correct.
(i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including,
City Council
19 –
38 3/17/2026
35 but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal.
(j) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has:
1) Paid all fees and penalties owed to the City with respect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and,
2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures adopted by the Board and/or Program Administrator.
(k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise for rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no Rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
Section 8-3161 – Rental Registry Fee
Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City’s cost to implement, administer, monitor, support, and enforce the provisions of this Article. (a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord’s Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City’s Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council’s findings in this regard shall be final.
(b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit.
(c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid- year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The
City Council
19 –
39 3/17/2026
36 amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City.
(d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass-through shall not be considered part of the Rent in calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration Fee pass-through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass- through cost overpayment.
1) No Pass-Through for Subsidized Tenants. No portion of the Registration Fee may be passed through to Tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
Section 8-3162 – Education and Outreach.
The Program Administrator shall have the authority to contract with community- based organizations for them to assist in the education and outreach related to this Article.
Secs. 8-3163 - 8-3179. - Reserved.
DIVISION 5. – RENTAL HOUSING BOARD
Section 8-3180 – Rental Housing Board
There is hereby created and established a Rental Housing Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the following:
(a) Membership of Board. The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to
City Council
19 –
40 3/17/2026
37 be approved by the City Council, in an equitable order based upon a random lottery process. The Board Members of the Rental Housing Board shall be comprised of:
1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and
3) Two (2) at-large Members with no financial interest in and no ownership of income-generating rental housing.
(b) Chairperson. The Board shall elect annually one of its Members to serve in the capacity as Chairperson.
(c) Eligibility. Residents of the City are eligible to serve as members of the Board.
(d) Full Disclosure of Holdings. Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property, including, but not limited to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations. (e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest.
(f) Training Required. All Board members shall attend training as designated by the Program Administrator.
Section 8-3181 – Rental Housing Board Member Term and Compensation (a) Term. Board Members shall serve for a term of four (4) years or until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the Board Member is appointed to by the City Council. However, the City Council may remove a Board Member at any time for any reason.
(b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance.
Section 8-3182 – Rental Housing Board Powers and Duties (a) The Rental Housing Board shall have the following powers and duties:
City Council
19 –
41 3/17/2026
38 1) To hold regular meetings at least once each calendar month, or as needed, as fixed by the by-laws of the Board.
2) Conduct hearings on petitions, applications, and appeals of hearings determined by a Hearing Officer submitted by Landlords or Tenants under this Article. Any fees for such hearings shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule.
3) Promulgate and implement policies and procedures for the administration and enforcement of this Article. Make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 4) Review and assess yearly that sufficient number of staff are employed, including a Program Administrator, Hearing Officers, housing counselors and legal staff, as may be necessary to perform its function efficiently in order to fulfill the purpose of this Article. 5) Any other duties as necessary to administer and enforce this Article.
6) Such other duties as are designated by resolution of the City Council.
Section 8-3183 – Rental Housing Board Policies and Procedures The Board shall issue and follow such policies and procedures, including those which are contained in this Article, as will further the purposes of the Article.
Section 8-3184 – Rental Housing Board Meetings
(a) The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely performance of its duties under this Article. All regular and special meetings shall be called and conducted in accordance with state law. (b) Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of business.
(c) Voting. The affirmative vote of four (4) members of the Board is required for a decision, including all motions, rules, regulations, and orders of the Board.
Section 8-3185 – Judicial Review
Any decision of the Rental Housing Board shall be final unless judicial review is sought in a court of competent jurisdiction within thirty (30) days of the date of the
City Council
19 –
42 3/17/2026
39 Board’s decision. The Board decision shall take effect immediately unless provided otherwise in the decision, regardless of whether a party seeks judicial review.
Secs. 8-3186- 8-3199. Reserved.
DIVISION 6. – ENFORCEMENT AND REMEDIES
Section 8-3200 – Violations
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this Article. The violation of any provision of this Article shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8. (b) Civil Action. Any aggrieved person, including the City and the People of the State of California, may bring a civil action for damages for any violation of this Article or the rules, regulations, orders and decisions of the Rental Housing Board. The burden of proof in such cases shall be by a preponderance of the evidence. No administrative remedy need be exhausted prior to filing a civil suit pursuant to this section.
(c) Injunctive Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Division, or the policies, procedures, regulations, rules, orders and decisions of the Rental Housing Board, may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, including the City and People of the State of California. No administrative remedy need be exhausted prior to filing an action for injunctive relief pursuant to this section. (d) Affirmative Defense. A Landlord’s failure to comply with any requirement of this Article may be asserted as a complete affirmative defense in an unlawful detainer or any other action brought by the Landlord to recover possession of the Rental Unit.
Additionally, any attempt to recover possession of a Rental Unit in violation of this Article shall render the Landlord liable to the Tenant for damages in a civil action for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys’ fees.
(e) Public Nuisance. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Article shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (f) Non-Exclusive. The remedies provided in this Article are not exclusive, and nothing in this Article shall preclude any person from seeking any other remedies,
City Council
19 –
43 3/17/2026
40 penalties or procedures provided by law, nor is exhaustion of remedies under this section a prerequisite to the assertion of any other such right.
Secs. 8-3201 - 8.3299. - Reserved.
Section 2. 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 People of the City of Santa Ana hereby declare that they 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 3. Pursuant to California Elections Code Section 9222, this Ordinance must approved by a majority of the eligible voters of the City of Santa Ana voting at the General Municipal Election of November 5, 2024.
Section 4. This Ordinance shall become effective ten days (10) days after the City Council has certified the results of the General Municipal Election by resolution.
Section 5. Following the City Clerk’s certification that the qualified voters of Santa Ana have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered into the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.
City Council
19 –
44 3/17/2026
Exhibit B
1 ORDINANCE NO. NS-3073
MEASURE “CC”
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
SANTA ANA ADOPTING A RENT STABILIZATION AND
JUST CAUSE EVICTION ORDINANCE
THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS:
Section 1. The People of the City of Santa Ana herby adopt a Rent Stabilization and Just Cause Eviction Ordinance and it shall read as follows:
ARTICLE XIX. – RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE DIVISION 1. – GENERALLY
Section 8-3100 – Title
This Article shall be known in its entirety as the “City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance” and, for the sake of convenience, as the “Rent Stabilization and Just Cause Eviction Ordinance.” Section 8-3101 – Reserved.
Section 8-3102 – Definitions
a) For purposes of this Article, the words and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended. b) Words and phrases used in this Article, which are not specifically defined, shall be construed according to their context and the customary usage of the language. c) Words and phrases defined:
“Annual Allowable Rent Adjustment” means the limit on the Maximum Allowable Rent Increase, which a Landlord may charge on any Rental Unit each year.
“Capital Improvement” means an improvement, addition or major repair to a Rental Unit that were paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance), provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the
City Council
19 –
45 3/17/2026
2 useful life of the improvement, such as: structural, electrical, plumbing, or mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children’s play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto and determined by the Rental Housing Board. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of completion or after a Notice of Violation by a government agency ordering repairs.
“City” means the City of Santa Ana.
"Hearing Officer” means a person who has been appointed by the Program Administrator to perform the duties set forth in this Article. “Housing Services” means those services provided and associated with the use or occupancy of a Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Rental Unit is located and/or of the property on which such Rental Unit is located. “Landlord” or “Owner” means an owner of record, lessor, sublessor or any person, partnership, corporation, family trust, or any other business entity, or any successor in interest thereto, offering for rent or lease any Rental Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the City and shall include the employee, agent or representative of the Landlord if the agent or representative has the full authority to answer for the Landlord and enter into binding agreements on behalf of the Landlord. "Mediator” means a person whom the Program Administrator determines meets all of the following criteria:
1) Has received forty (40) to eighty (80) hours of formal training in mediation, including training in anti-racism, elimination of bias, diversity, equity, inclusion, and cultural competency; and,
City Council
19 –
46 3/17/2026
3 2) Has mediated Rent disputes and/or has had other experience or training showing a capability to mediate the issues which arise in landlord/tenant disputes.
“Mobilehome” means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a Mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
“Mobilehome Space” means the rental of a spot for a Mobilehome within a Mobilehome Park by a homeowner, as defined in Civil Code section 798.9, or a resident, as defined in Civil Code section 798.11. “Mobilehome Park” means an area of land where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used for human habitation.
“Net Operating Income” means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses).
“Operating Expenses” means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs.
“Program Administrator” is a person designated by the City Manager to administer the provisions of this Article.
“Rental Registry Fee” or “Fee” means the fee the City imposes on each Rental Unit to cover the costs to administer the provisions of this Article. “Rent” means all periodic compensation, including all non-monetary consideration, that a Tenant provides to a Landlord concerning the use or occupancy of a Rental Unit, including any amount included in the Rent for utilities (unless separately billed to the Tenant by the utility company), parking, storage, pets or for any other fee or charge associated with the Tenancy for the use or occupancy of a Rental Unit and related Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rent, fees, and costs included within the Mobilehome
City Council
19 –
47 3/17/2026
4 Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rent, as applicable.
“Rent Increase” means any additional Rent demanded of or paid by a Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit.
“Rental Agreement” means a lease, sublease, or other agreement, written, oral or implied, between a Landlord and a Tenant for the use and/or occupancy of a Rental Unit and for Housing Services. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rental agreements or leases within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rental Agreement, as applicable.
“Rental Housing Board” or “Board” means the Rental Housing Board established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana Municipal Code.
“Rental Registry” means the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee.
“Rental Unit” means any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article.
“Residential Real Property” or “Residential Property” means any housing unit, including a room or group of rooms designed and intended for occupancy by one or more persons, including a Rental Unit and a Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent or lease in the City.
“Tenancy" means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park.
“Tenant” means any renter, tenant, subtenant, lessee, sub-lessee, roommate with Landlord’s consent, or any other person or entity entitled under the terms of a Rental Agreement, or by sufferance, or by state or
City Council
19 –
48 3/17/2026
5 federal law, to the use or occupancy of any Rental Unit and (i) has the legal responsibility for the payment of Rent for a Rental Unit or (ii) has agreed to pay the Rent for a Rental Unit.
Section 8-3103 – Implementing Regulations, Policies and Procedures The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures.
Section 8-3104 – Mobilehome Residency Law
The provisions of this Article shall not supersede the regulations of the state Mobilehome Residency Law, Civil Code section 798, et seq., as applicable. If there is any conflict between the terms of this Article and the Mobilehome Residency Law, the Mobilehome Residency Law shall prevail.
Secs. 8-3105 - 8-3119. Reserved.
DIVISION 2. – JUST CAUSE EVICTIONS
Section 8-3120 – Restrictions on Termination of Tenancy without Just Cause (a) After a Tenant has continuously and lawfully occupied a Residential Real Property for thirty (30) days, the Owner of the Residential Real Property shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code section 798.56, as applicable.
1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of Tenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the property. The notice shall be written in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
City Council
19 –
49 3/17/2026
6 2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any Residential Real Property or Mobilehome Space, is required to provide written notice to Tenants of their rights under this Division as follows:
A. The notice required by this Division must be on a form prescribed by the City and include the following information:
i. The existence and scope of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and,
ii. The right to relocation assistance in limited
circumstances pursuant to subsection (d)(2) herein.
B. The Owner must provide Tenant with the notice upon serving any notice of change in terms of Tenancy.
C. The Owner must provide the notice on or before the
commencement of all Tenancies initiated after the effective date of this Division.
(b) For purposes of this section, “just cause” includes either of the following:
1) At-fault just cause, which is any of the following:
A. Default in the payment of Rent.
B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A “breach of a material term” shall not include:
i. The obligation to limit occupancy, provided that the additional occupant who joins the Tenant of the
Residential Real Property thereby exceeding the limits on occupancy set forth in the lease is:
I. A dependent under age 18, or
II. A replacement Tenant who moved in after an
approved Tenant vacated the Residential Real
Property, so long as the addition does not exceed
the Uniform Housing Code.
City Council
19 –
50 3/17/2026
7 i. The Owner shall have the right to approve
or deny the prospective additional or
replacement Tenant, who is not a minor
dependent child, provided that the Owner
does not unreasonably withhold approval. If
the Owner fails to respond to the Tenant in
writing with a description of the reasons for
the denial of the request within a
reasonable amount of time of receipt of the
Tenant’s written request, the Tenant’s
request shall be deemed approved by the
Owner if the lease is for a period of one (1)
year or less.
ii. A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a Tenant’s written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner
from providing legally required notice of a change in the terms of the Tenancy.
C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
E. The Tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
F. Criminal activity by the Tenant on the Residential Real Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Real Property, that is directed at any Owner or agent of the Owner of the Residential Real Property or members of Tenant’s household or other Tenants of the Residential Real Property. This at-fault, just cause provision
City Council
19 –
51 3/17/2026
8 shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault, just cause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real Property is available.
G. Assigning or subletting the premises in violation of the Tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
i. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy
based on a Tenant’s sublease of the Residential Real
Property if all the following requirements are met:
I. The Tenant requests permission from the Owner
in writing to sublease the Residential Real
Property;
II. The Tenant continues to reside in the Residential
Real Property as their primary residence;
III. The sublease replaces one or more departed
Tenants under the lease on a one-for-one basis;
and
IV. The Owner fails to respond to the Tenant in writing within a reasonable amount of time of the receipt
of the Tenant’s written request. If the Owner fails
to respond to the Tenant’s written request, the
request shall be deemed approved by the Owner if
the lease is for a period of one (1) year or less. An
Owner’s reasonable refusal of the Tenant’s written
request may be based on, but is not limited to, the
ground that the total number of occupants in a
Residential Real Property exceeds the maximum
number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor
provision.
H. The Tenant’s refusal to allow the Owner to enter the Residential Real Property as authorized by Sections 1101.5 and 1954 of the
City Council
19 –
52 3/17/2026
9 Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
J. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K. When the Tenant fails to deliver possession of the Residential Real Property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
2) No-fault just cause, which includes any of the following:
A.
i. Intent to occupy the Residential Real Property by the Owner or their spouse, domestic partner, children,
grandchildren, parents, or grandparents.
ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a
provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner,
children, grandchildren, parents, or grandparents
unilaterally decides to occupy the Residential Real
Property for a period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City.
Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed Rental Agreement or fixed-term lease constitutes a
similar provision for the purposes of subparagraph (E) of paragraph (1).
B. Withdrawal of the Residential Real Property from the rental market for an anticipated period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City.
City Council
19 –
53 3/17/2026
10 i. The Owner complying with any of the following:
I. An order issued by a government agency or court
relating to habitability that necessitates vacating
the Residential Real Property.
II. An order issued by a government agency or court
to vacate the Residential Real Property.
III. A local ordinance that necessitates vacating the
Residential Real Property.
ii. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the Tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
D.
i. Intent to demolish or to substantially remodel the
Residential Real Property.
ii.
I. The Owner shall provide advance notice to the
Tenant of the ability to reoccupy the unit upon
completion of the repairs, or if requested by the
Tenant, the right of first refusal to any comparable
vacant Rental Unit which has been offered at
comparable Rent owned by the Owner; and
II. In the event the Owner seeks to rent the
remodeled unit within six (6) months following the
completion of the remodeling work, the evicted
Tenant shall have the right of first refusal to
reoccupy and rent the unit, unless the Owner
provides a written waiver by the Tenant of their
right to reoccupy the premises pursuant to this
subsection.
iii. For purposes of this subparagraph, “substantially
remodel” means the replacement or substantial
modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a
governmental agency, or the abatement of hazardous
materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, State, and local
City Council
19 –
54 3/17/2026
11 laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Residential Real Property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a substantial remodel. (c) Before an Owner of Residential Real Property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.
1) Any written notice to cease or correct must:
A. Be dated and served upon the Tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended;
B. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings;
C. Inform the Tenant of the right to request a reasonable accommodation;
D. Inform the Tenant of the contact number for the Program Administrator; and
E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and
circumstance(s) that support the reason(s) for the eviction. (d)
1) For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (a), if an Owner of Residential Real Property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the Tenant’s income, at the Owner’s option, do one of the following:
City Council
19 –
55 3/17/2026
12 A. Assist the Tenant to relocate by providing a direct payment to the Tenant as described in paragraph 3; or
B. Waive in writing the payment of Rent for the final three (3) months of the Tenancy, prior to the Rent becoming due.
2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the Tenant of the Tenant’s right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Owner elects to waive the Rent for the final three (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy.
3)
A. The amount of relocation assistance or Rent waiver shall be equal to three (3) months of the Tenant’s Rent that was in effect when the Owner issued the notice to terminate the Tenancy.
Any relocation assistance shall be provided within 15 calendar days of service of the notice.
B. If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
C. The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
4) An Owner’s failure to strictly comply with this section shall render the notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code.
2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
City Council
19 –
56 3/17/2026
13 3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 4) Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Real Property.
5) Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
6) A duplex in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy.
7) Housing that has been issued a certificate of occupancy within the previous 15 years.
8) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
B.
i. The Tenants have been provided written notice that the Residential Property is exempt from this section using the following statement: “This property is not subject to the just cause requirements of Santa Ana Municipal Code
Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8- 3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
City Council
19 –
57 3/17/2026
14 ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the Rental Agreement. iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the Rental Agreement.
iv. Addition of a provision containing the notice required under clause (i) to any new or renewed Rental
Agreement or fixed-term lease constitutes a similar
provision for the purposes of subparagraph (E) of
paragraph (1) of subdivision (b).
9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An Owner of Residential Real Property subject to this section shall provide notice to the Tenant as follows:
1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.
2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or Rental Agreement.
3) The notification or lease provision shall be in no less than 12-point type, and shall include the following: “The Santa Ana Municipal Code provides that after all of the Tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy.
See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information.”
(g) It shall be a defense to an action for possession of a Rental Unit under this Division if a trier of fact determines that:
City Council
19 –
58 3/17/2026
15 1) Both of the following provisions apply:
A. The Tenant or Tenant’s household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one of the following:
i. A temporary restraining order, emergency protective
order, or protective order issued within the last 180 days pursuant to law that protects the Tenant or a household member from domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or
stalking; or
ii. The Tenant or a member of their household has filed a police report within the previous 180 days alleging that they are a victim of domestic violence, elder or
dependent adult abuse, sexual assault, human
trafficking, or stalking.
B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise,
disturbances, or repeated presence of police.
2) Notwithstanding this Section, an Owner may terminate the Tenancy if:
A. The Tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or
B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Tenants, guests, invitees, or to a Tenant’s right to quiet
City Council
19 –
59 3/17/2026
16 enjoyment and the Owner previously gave the Tenant a three (3) day written notice to cease and correct this violation.
3) The provisions of this Division shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. (h) It shall be a defense to a no fault just cause action for possession of a Rental Unit under this Division if a person under the age of 21 is a resident of the subject Rental Unit, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term. (i) At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner shall provide notice of such proposed sale to the Mobilehome Park residents and prepare a report on the impact of the sale of the Mobilehome Park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the Mobilehome Park to be sold to find adequate housing in a Mobilehome Park, as applicable.
(j) Any waiver of the rights under this section shall be void as contrary to public policy.
Section 8-3121 – Notice of Termination of Tenancy.
(a) When terminating a Tenancy either at-fault or no-fault, an Owner must comply with all of the following:
1) The Owner must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the Tenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one at-fault or no-fault just cause reason as provided in section 8-3120(b); and 2) The Owner has not accepted and will not accept Rent or any other consideration in return for the continued use of the Residential Property beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and
3) The Owner qualifies the termination as at-fault or no-fault just cause, as specified in section 8-3120(b); and
City Council
19 –
60 3/17/2026
17 4) The Owner has submitted to the City, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant, through the City’s Rental Registry portal. The Owner shall maintain proof of service to the City as evidence that the Owner has complied with this section. 5) The Owner must provide the notice in the language that the Owner and Tenant used to negotiate the terms of the Tenancy, in addition to English.
Section 8-3122 – Retaliatory Eviction and Anti-Harassment. (a) Retaliatory Eviction.
1) If the main intent of the Owner in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent, then the Owner may not terminate the Tenancy or refuse to renew the Tenancy or cause the Tenant to quit involuntarily.
2) A Tenant may assert retaliation affirmatively or as a defense to the Owner’s action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Article and the alleged act of retaliation.
3) Retaliation against a Tenant because of the Tenant's exercise of rights under this Article is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Article in evaluating a claim of retaliation.
(b) Anti-Harassment. No Owner, or any person, acting as a principal or agent, offering Residential Real Property for rent, or any contractor, subcontractor or employee of the Owner shall, with respect to Residential Real Property under any Rental Agreement or other Tenancy or estate at will, however created, do any of the following:
1) Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3.
A. ‘Interrupt, terminate, or fail to provide Housing Services’ in this provision does not include interruptions, terminations, or failure
City Council
19 –
61 3/17/2026
18 to provide Housing Services as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner’s control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to Tenants as required by a signed Rental Agreement.
2) Take any of the following actions in bad faith:
A. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws;
B. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
C. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
D. Conduct elective renovation or construction of unit for the purpose of harassing a Tenant;
E. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit; F. Refuse to cash or process a Rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered;
G. Fail to maintain a current address for delivery of Rent payments; H. Violate a Tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a Tenancy;
I. Release information protected by the Tenant's right to privacy except as required or authorized by law; or
J. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable
accommodation.
City Council
19 –
62 3/17/2026
19 3) Abuse the right of access into Residential Real Property as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the Tenant agrees otherwise; entries contrary to a Tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a Rental Unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing Residential Real Property. 4) Influence or attempt to influence a Tenant to vacate Residential Real Property through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.
5) Threaten the Tenant, by word or gesture, with physical harm, or abuse Tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications.
6) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 7) Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Owner. No Owner shall be liable under this subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action. 8) Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy. 9) Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False
City Council
19 –
63 3/17/2026
20 information includes, without limitation, requesting or demanding a Tenant:
A. Sign a new Rental Agreement not in the Tenant's primary language if:
i. Rental Agreement negotiations were conducted in the
Tenant's primary language;
ii. The existing Rental Agreement is in the Tenant's primary language; or
iii. Owner is otherwise aware that the new Rental
Agreement is not in Tenant's primary language.
B. Enter into a Rent repayment plan if the Owner states, misrepresents, suggests, or implies, that the Tenant should or must do so to take advantage of Tenant protection laws that do not in fact require such plans.
10)Offer payments to:
A. A Tenant to vacate more than once in six (6) months, after the Tenant has notified the Owner in writing that the Tenant does not desire to receive further offers of payments to vacate; B. Attempt to coerce Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.
11)Communicate with Tenant in a language other than Tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying Tenant.
12)Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.
13)Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.
City Council
19 –
64 3/17/2026
21 14)Remove a housing service for the purpose of causing the Tenant to vacate the Residential Real Property. For example, taking away a parking space knowing that a Tenant cannot find alternative parking and must move.
15)Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature informing other Tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards.
16)Threatening or intimidating a Tenant based on their immigration or citizenship status or otherwise disclosing a Tenant’s immigration or citizenship status in violation of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended.
Secs. 8-3123 - 8-3139. - Reserved.
DIVISION 3. – RENT STABILIZATION
Section 8-3140 – Prohibited Increases.
(a) Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City’s calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in Rent.
City Council
19 –
65 3/17/2026
22 (b) No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable Rent Increase based on subsection (a) herein, which shall be effective as of September 1 of that year.
Section 8-3141 – Reasonable Rate of Return.
This ordinance allows for an annual adjustment of Residential Real Property or Mobilehome Space Rent of up to three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less. A Consumer Price Index-based increase is found and determined to provide a just and reasonable return on an Owner’s property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive Rents and rental increases. Notwithstanding the foregoing, however, any Owner of Residential Real Property or a Mobilehome Park who contends that the limit on rental increases set forth in Section 8-3140 above will prevent the Owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 8-3140 pursuant to the procedures set forth in this Division.
Section 8-3142 – Fair Return Petition for Rent Increase. (a) A Landlord may submit a Fair Return Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a Rent Increase in excess of that provided in this Division in order to obtain a fair and reasonable return on the Rental Unit.
(b) Standard of Review. All relevant factors shall be considered when evaluating a Fair Return Petition, including, but not limited to, the following:
1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics;
2) The Rent lawfully charged for comparable Rental Units in the City; 3) The length of time since the last determination on a Fair Return Petition, or the last Rent Increase if no previous Fair Return Petition has been made;
4) The completion of any rehabilitation work related to the Rental Unit, and the cost thereof, including materials, labor, construction interest, permit fees, and other items deemed appropriate; 5) Changes in property taxes or other taxes related to the Rental Unit; 6) Changes in the Rent paid by the Landlord for the lease of the Rental Unit;
City Council
19 –
66 3/17/2026
23 7) Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of reimbursement from the Tenants;
8) Changes in reasonable Operating Expenses;
9) Changes in Net Operating Income;
10) The need for repairs caused by circumstances other than ordinary wear and tear;
11) The amount and quality of Housing Services provided by the Landlord to the Tenants;
12) Compliance with any existing Rental Agreement lawfully entered into between the Landlord and Tenants; and
13) Landlord’s substantial compliance with this Article and applicable housing, health and safety codes.
Section 8-3143 – Capital Improvement Petition
(a) Effective July 1, 2023, or as modified by resolution of the City Council, a Landlord may submit a Capital Improvement Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a pass-through cost to the Tenants to cover expenses incurred by the Landlord to complete Capital Improvements for the Rental Unit pursuant to the following provisions:
1) The Capital Improvement was paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance);
2) The Capital Improvement was paid for and completed prior to the filing of the Capital Improvement Petition;
3) A Capital Improvement Petition must be initiated by the Landlord within two (2) years of completion of the Capital Improvement; 4) A Capital Improvement Petition shall not apply to Rental Units or new Tenants whose initial Rent was established after the Landlord completed the Capital Improvement;
5) The Landlord may not require a Tenant to pay any amount of any cost that is attributable to any period of time that the Tenant was not entitled to use and occupy the Rental Unit;
6) The Landlord may not require a Tenant to pay more than the Tenant’s share of the cost attributable to that Tenant’s Rental Unit that is permitted to be passed through to the Tenant;
7) If the Capital Improvement inures solely to the benefit of one or more of the Rental Units, but to less than all, the surcharge shall be so annualized, but shall be applied and/or prorated only with respect to the one or more Rental Units actually so benefited;
City Council
19 –
67 3/17/2026
24 8) Equipment otherwise eligible as a Capital Improvement will not be considered if a “use fee” is charged (i.e. – coin operated washer and dryers); and,
9) Pass through costs for Capital Improvements shall not be considered Rent and shall not be increased when Rent Increases, nor shall they be considered Rent for purposes of calculating a Rent Increase.
(b) Calculating Capital Improvements. Any Capital Improvement pass- through cost must be calculated according to the following:
1) Capital Improvement costs must be amortized over the useful life of the Capital Improvement, not to exceed ten percent (10%) of the current Rent; for the purposes of such computation, the current Rent for any time period shall not include any Capital Improvement pass-through amounts;
2) For mixed-use structures and Landlord-occupied Rental Units, only the percent of residential square footage will be applied in the calculations;
3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. – insurance, court-awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluating a Capital Improvement Petition, including the following:
1) Capital Improvement completed;
2) Landlord’s Petition made within two (2) years of completion of Capital Improvement;
3) Distinguished from ordinary repair or maintenance;
4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit;
6) No “use fee” or other charge imposed on Tenants for its use; and, 7) Cost-factored and amortized.
Section 8-3144 – Tenant Petition
City Council
19 –
68 3/17/2026
25 (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Tenant may submit a Petition to the Program Administrator in accordance with the procedures set forth in this Division on any one (1) or more of the following grounds:
1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase;
2) To request a reduction in Rent based on decreased Housing Services;
3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations;
4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or,
5) For any other violation of this Article by the Landlord. (b) Tenant’s time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits:
1) Tenant receiving a notice of Rent Increase shall have thirty (30) days after service of such notice to file a Petition for review of Rent; 2) In instances where notice is not provided as required, the Tenant shall file a Petition for review of Rent within thirty (30) days after Tenant knew of the alleged failure to comply with the requirements of this Article; and,
3) For any other violation(s) of this Article by the Landlord, the Tenant shall file a Petition within one hundred and eighty (180) days of the alleged violation(s).
(c) Standard of Review. All relevant factors shall be considered when evaluating a Tenant Petition, including the following:
1) Landlord allows violations of this Article or other applicable state and local statutes to persist;
2) Any reduction of Housing Services, living space, or amenities; 3) Substantial deterioration of the Rental Unit other than as a result of ordinary wear and tear;
4) Landlord’s failure to provide adequate Housing Services; 5) Tenant provided Landlord with reasonable notice and opportunity to correct the conditions that provide the basis for the petition; and, 6) Landlord’s failure to comply substantially with this Article or applicable housing, health and safety codes.
City Council
19 –
69 3/17/2026
26 (d) Restoration of Rent Decrease. Where a Rent decrease has been ordered pursuant to this Division due to a decrease in Housing Services or failure to maintain habitability, the amount of Rent decreased (return of excess Rent) may be restored in accordance with procedures set out in the regulations when the former Housing Services or maintenance levels are reinstated.
Section 8-3145 – Petition Process
A Landlord or a Tenant may file Petitions with the Program Administrator, as provided in this Division. For purposes of this Petition process, the Landlord and each Tenant of a Rental Unit that is the subject of a Petition shall be a “party” to the Petition.
The Program Administrator shall promulgate regulations regarding procedures for Petitions filed under this Article. Petitions shall be governed by such regulations and by the provisions of this Section. Petitions shall be available in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
(a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall notify the petitioner of the acceptance or denial of the Petition based on the completeness of the submission. The Program Administrator shall not assess the merits of the Petition, and shall only refuse acceptance of a Petition that does not include required information or documentation or comply with the requirements of this Division.
(b) Filing Fee. Fees for the filing of any Petition shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule. (c) Prior Petition. Notwithstanding any other provision of this Division, no Petition shall proceed if a decision has been made with regard to a prior Petition based on the same or substantially the same grounds within the previous one hundred and eighty (180) days.
(d) No Landlord Petition or upward adjustment of Rent shall be authorized under this Division if the Landlord:
1) Has continued to fail to comply, after order of the Board, with any provisions of this Article and/or orders or regulations issued thereunder by the Board; or,
2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability.
(e) Notice of Petition. As soon as possible after acceptance of a Petition, the Program Administrator shall provide written notice to the Landlord, if the Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt of such a Petition. The written notice shall inform the parties of the Petition process, the
City Council
19 –
70 3/17/2026
27 right to respond, and include a copy of the completed Petition and supportive documents. Any response submitted by the responding party will be made available to the petitioning party.
(f) Hearing Officer. An impartial Hearing Officer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers:
1) To make a determination on a Petition; and
2) Any other powers delegated to the Hearing Officer by the Board. (g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its own motion, in the Board’s sole discretion, may hold a hearing on a Petition without the Petition first being heard by a Hearing Officer.
(h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the time, date, and place of the hearing.
(i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying the same building shall be consolidated for hearing, unless the Program Administrator or Hearing Officer finds good cause not to consolidate such Petitions. (j) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, or any other persons designated by said parties.
(k) Rules of Evidence. Formal rules of evidence shall not be applicable to hearings on Petitions. At such a hearing, the parties may offer any documents, testimony, written declarations, or other evidence that, in the opinion of the Hearing Officer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer.
(l) Evidence. Any party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The Hearing Officer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The Hearing Officer may request the City to conduct a current building inspection if the Hearing Officer finds good cause to believe the current information does not reflect the current condition of the Rental Unit. All documents required under
City Council
19 –
71 3/17/2026
28 this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied.
(m) Quantum of Proof. The party who files the Petition shall have the burden of proof. No Petition shall be granted unless supported by the preponderance of the evidence submitted at the hearing.
(n) Time for Decision. The policies and procedures adopted by the Board shall provide for final action on any Petition within a reasonable time. (o) Notice of Decision. The Hearing Officer shall make a determination on the merits of the Petition and shall provide a written statement of decision, including findings upon which the determination is based. The Hearing Officer’s decision on a Petition may be reasonably conditioned in any manner necessary to effectuate the purposes of this Article. Additionally, the parties to the hearing shall also be notified of their right to any appeal allowed by the Board and/or to judicial review of the decision pursuant to this Division.
(p) Hearing Record. The record of the hearing shall include: the Petition; all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. (q) Appeal. Any person aggrieved by the decisions of the Hearing Officer may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) days after receipt of the notice of the decision of the Hearing Officer. On appeal, the Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the Board elects to conduct a de novo hearing, Board review of the Hearing Officer’s decision shall be based on the hearing record without holding a new hearing. The Board may consider additional evidence for good cause, including evidence which did not exist at the time of the hearing or which could not be discovered using due diligence by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the Santa Ana Municipal Code.
(r) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the Board in the event of no appeal to the Board. The decision of the Hearing Officer shall not be stayed pending appeal; however, in the event that the Board on appeal reverses or modifies the decision of the Hearing Officer, the Board shall order the appropriate party to make retroactive payments, as applicable, to restore the parties to the position they would have occupied had the Hearing Officer’s decision been the same as that of the Board.
City Council
19 –
72 3/17/2026
29 Section 8-3146 – Voluntary Mediation
(a) Voluntary mediation services shall be provided by the City. Upon request, the Program Administrator shall appoint a Mediator and set a date for a mediation no later than thirty (30) days after the acceptance of the subject Petition, unless the Program Administrator determines that additional time is required under the circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in writing of the date, time, and place of the mediation hearing at least ten (10) days prior to the mediation. This notice shall be served either in person or through ordinary mail or electronic correspondence.
(b) It is the intent and purpose of mediation to provide a process in which Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process.
(c) Mediation is a voluntary collaborative process wherein the Landlord and Tenant(s) who have a disagreement can develop options, consider alternatives, and develop a consensual agreement. The role of the Mediator is to facilitate open communication to resolve a dispute in a non-adversarial and confidential manner. (d) If the Landlord and Tenant agree to a resolution, the Mediator may assist the parties in preparing a written settlement agreement for the signature of the Landlord and the Tenant, provided that in doing so the Mediator confines the assistance to stating the settlement as determined by the parties. Such agreement shall constitute a legally enforceable contract.
(e) Should the parties fail to agree to a resolution, or the Mediator determines that the parties have reached an impasse, the Mediator may refer the Petition back to the Program Administrator to continue the Petition review process detailed in this Division.
(f) All documents and results related to mediations and facilitations held pursuant to this Article shall be kept confidential and shall be inadmissible as evidence in any subsequent administrative or judicial proceeding. (g) The Mediator and/or Program Administrator shall provide documentation and translation services in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
City Council
19 –
73 3/17/2026
30 Section 8-3147 – Exemptions.
(a) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following: any Residential Real Property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa-Hawkins Rental Housing Act addressing exemptions, as applicable.
(b) Pursuant to the Mobilehome Residency Law, the provisions of this ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to a long term (more than one year) Rental Agreement (California Civil Code section 798.17); any newly constructed Mobilehome Space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as a person’s primary residence that are not being leased to someone else (California Civil Code section 798.21); and, any other provisions of the Mobilehome Residency Law addressing exemptions, as applicable.
(c) Pursuant to the Tenant Protection Act of 2019, Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following:
(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (3) Housing that has been issued a certificate of occupancy within the previous 15 years.
(4) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code.
City Council
19 –
74 3/17/2026
31 ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
B.
i. The Tenants have been provided written notice that the Residential Real Property is exempt from this section
using the following statement:
“This property is not subject to the Rent limits
imposed by Santa Ana Municipal Code section 8-
3140 and the Owner is not any of the following: (1) a
real estate investment trust, as defined by section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one
member is a corporation.”
ii. For a Tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to be provided in the Rental Agreement. iii. For a Tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the Rental Agreement.
(5) A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
Section 8-3148 – Rent Increase Ineffective.
No Rent Increase shall be effective if the Owner:
(a) Fails to substantially comply with all provisions of this Division, including but not limited to the failure to provide notices as required; or (b) Fails to maintain the Residential Real Property or Mobilehome Space in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health
City Council
19 –
75 3/17/2026
32 and Safety Code section 18000, et seq.; or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as applicable; or
(c) Fails to make repairs ordered by the City or court of competent jurisdiction.
(d) No Rent Increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
Section 8-3149 – Notice Requirements.
(a) An Owner of any Residential Real Property or Mobilehome Space subject to this provision shall, on or before the date of commencement of a Tenancy, give the Tenant a written notice in a form prescribed by the City which must include the following information:
(1) The existence and scope of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and
(2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division.
(b) As part of any notice to increase Rent, an Owner must include:
(1) Notice of the existence of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and
(2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division, unless such Rent Increase is pursuant to an approved Fair Return Petition.
(3) No Rent Increase shall take effect until the requirements of this Division have been met.
(c) The Owner must give notices to the Tenant in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) as well as English. (d) Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal.
City Council
19 –
76 3/17/2026
33 Secs. 8-3150 - 8-3159. - Reserved.
DIVISION 4. – RENTAL REGISTRY AND RENTAL REGISTRY FEE
Section 8-3160 – Rental Registry
Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following:
(a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article.
Registration of a Rental Unit shall not be complete until an Owner has:
1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management.
1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new Owner, within thirty (30) days of the close of escrow.
2) The new Owner is required to file a Registration Form with the City within sixty (60) days of such change. The new Owner’s Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new Owner and of the new Owner’s property manager or representative, and a declaration that the new Owner served the written notification on all the Tenants.
3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the Owner or authorized agent changes.
(c) Re-Registration Following a Vacancy. A Landlord shall, in the manner described herein, re-register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re-rented.
City Council
19 –
77 3/17/2026
34 (d) Claim of Exemption. Any Landlord that is claiming any exemption from this Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by the Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures. (e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status. (f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date.
(g) Contents of Registration Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form:
1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current Owners, authorized representatives and property managers;
4) Date of assumption of ownership by current Owners;
5) Current Rent;
6) Date and amount of last Rent Increase; and
7) Move-in date of current Tenant(s).
The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in furtherance of the objectives of this Article.
(h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information provided in the Rental Registration Form is true and correct.
(i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including,
City Council
19 –
78 3/17/2026
35 but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal.
(j) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has:
1) Paid all fees and penalties owed to the City with respect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and,
2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures adopted by the Board and/or Program Administrator.
(k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise for rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no Rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
Section 8-3161 – Rental Registry Fee
Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City’s cost to implement, administer, monitor, support, and enforce the provisions of this Article. (a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord’s Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City’s Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council’s findings in this regard shall be final.
(b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit.
(c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid- year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The
City Council
19 –
79 3/17/2026
36 amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City.
(d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass-through shall not be considered part of the Rent in calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration Fee pass-through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass- through cost overpayment.
1) No Pass-Through for Subsidized Tenants. No portion of the Registration Fee may be passed through to Tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
Section 8-3162 – Education and Outreach.
The Program Administrator shall have the authority to contract with community- based organizations for them to assist in the education and outreach related to this Article.
Secs. 8-3163 - 8-3179. - Reserved.
DIVISION 5. – RENTAL HOUSING BOARD
Section 8-3180 – Rental Housing Board
There is hereby created and established a Rental Housing Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the following:
(a) Membership of Board. The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to
City Council
19 –
80 3/17/2026
37 be approved by the City Council, in an equitable order based upon a random lottery process.
(b) Chairperson. The Board shall elect annually one of its Members to serve in the capacity as Chairperson.
(c) Eligibility. Residents of the City are eligible to serve as members of the Board.
(d) Full Disclosure of Holdings. Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property, including, but not limited to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations. (e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest.
(f) Training Required. All Board members shall attend training as designated by the Program Administrator.
Section 8-3181 – Rental Housing Board Member Term and Compensation (a) Term. Board Members shall serve for a term of four (4) years or until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the Board Member is appointed to by the City Council. However, the City Council may remove a Board Member at any time for any reason.
(b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance.
Section 8-3182 – Rental Housing Board Powers and Duties (a) The Rental Housing Board shall have the following powers and duties:
1) To hold regular meetings at least once each calendar month, or as needed, as fixed by the by-laws of the Board.
2) Conduct hearings on petitions, applications, and appeals of hearings determined by a Hearing Officer submitted by Landlords
City Council
19 –
81 3/17/2026
38 or Tenants under this Article. Any fees for such hearings shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule.
3) Promulgate and implement policies and procedures for the administration and enforcement of this Article. Make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 4) Review and assess yearly that sufficient number of staff are employed, including a Program Administrator, Hearing Officers, housing counselors and legal staff, as may be necessary to perform its function efficiently in order to fulfill the purpose of this Article. 5) Any other duties as necessary to administer and enforce this Article.
6) Such other duties as are designated by resolution of the City Council.
Section 8-3183 – Rental Housing Board Policies and Procedures The Board shall issue and follow such policies and procedures, including those which are contained in this Article, as will further the purposes of the Article.
Section 8-3184 – Rental Housing Board Meetings
(a) The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely performance of its duties under this Article. All regular and special meetings shall be called and conducted in accordance with state law. (b) Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of business.
(c) Voting. The affirmative vote of four (4) members of the Board is required for a decision, including all motions, rules, regulations, and orders of the Board.
Section 8-3185 – Judicial Review
Any decision of the Rental Housing Board shall be final unless judicial review is sought in a court of competent jurisdiction within thirty (30) days of the date of the Board’s decision. The Board decision shall take effect immediately unless provided otherwise in the decision, regardless of whether a party seeks judicial review.
Secs. 8-3186- 8-3199. Reserved.
City Council
19 –
82 3/17/2026
39 DIVISION 6. – ENFORCEMENT AND REMEDIES
Section 8-3200 – Violations
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this Article. The violation of any provision of this Article shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8. (b) Civil Action. Any aggrieved person, including the City and the People of the State of California, may bring a civil action for damages for any violation of this Article or the rules, regulations, orders and decisions of the Rental Housing Board. The burden of proof in such cases shall be by a preponderance of the evidence. No administrative remedy need be exhausted prior to filing a civil suit pursuant to this section.
(c) Injunctive Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Division, or the policies, procedures, regulations, rules, orders and decisions of the Rental Housing Board, may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, including the City and People of the State of California. No administrative remedy need be exhausted prior to filing an action for injunctive relief pursuant to this section. (d) Affirmative Defense. A Landlord’s failure to comply with any requirement of this Article may be asserted as a complete affirmative defense in an unlawful detainer or any other action brought by the Landlord to recover possession of the Rental Unit.
Additionally, any attempt to recover possession of a Rental Unit in violation of this Article shall render the Landlord liable to the Tenant for damages in a civil action for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys’ fees.
(e) Public Nuisance. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Article shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (f) Non-Exclusive. The remedies provided in this Article are not exclusive, and nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law, nor is exhaustion of remedies under this section a prerequisite to the assertion of any other such right.
Secs. 8-3201 - 8.3299. - Reserved.
City Council
19 –
83 3/17/2026
40 Section 2. 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 People of the City of Santa Ana hereby declare that they 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 3. Pursuant to California Elections Code Section 9222, this Ordinance must approved by a majority of the eligible voters of the City of Santa Ana voting at the General Municipal Election of November 5, 2024.
Section 4. This Ordinance shall become effective ten days (10) days after the City Council has certified the results of the General Municipal Election by resolution.
Section 5. Following the City Clerk’s certification that the qualified voters of Santa Ana have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered into the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.
City Council
19 –
84 3/17/2026
Community Development Agency
www.santa-ana.org/cd
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Application for Prohousing Incentive Program Grant Funds
AGENDA TITLE
Application for the State of California Department of Housing and Community Development Prohousing Incentive Program Grant Funds
RECOMMENDED ACTION
1. Adopt a Resolution authorizing the City Manager to apply for up to $1.42 million in grant funding from the State of California Department of Housing and Community Development (HCD) Prohousing Incentive Program.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR, AND
RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS
2. If awarded Prohousing Incentive Program grant funding from HCD, authorize the City Manager to execute an agreement with the State of California for receipt of the Prohousing Incentive Program grant funding for an amount up to $1.42 million, and any other documents required by HCD to secure the grant, approved as to form by the City Attorney.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City of Santa Ana (City) is one of only two cities in Orange County designated by HCD as a Prohousing city. The City received this designation on May 27, 2025 and, as a Prohousing city, is eligible to apply for HCD’s Prohousing Incentive Program (PIP).
The PIP is intended to increase participation in HCD’s Prohousing Designation Program by pairing the designation with an impactful award grant.
On September 30, 2025, HCD issued a Notice of Funding Availability for the fourth round of the HCD PIP (PIP Round 4). To be eligible for the PIP Round 4, jurisdictions must have received their Prohousing designation by March 31, 2026. The application deadline for the PIP Round 4 is March 31, 2026. Afterward, HCD will evaluate applicants who meet the program’s threshold requirements and rank them based on their Prohousing Designation score.
City Council
20 –
1 3/17/2026
Application for Prohousing Incentive Program Grant Funds March 17, 2026
5 6
4 0
For this round, approximately $8 million in funding is available, and awards can be used for planning and implementation activities related to housing and community development. Eligible applicants will receive a base award based on population size (for cities with populations between 300,000 and 749,999, this amount is $1,000,000). In addition, applicants may qualify for a bonus award of up to $500,000, calculated by multiplying their Prohousing Designation score by $10,000. Santa Ana received a score of 42, yielding a bonus award of $420,000. As such, the City is eligible to receive up to $1,420,000 in grant funds.
For PIP Round 4, the City is applying for $1.42 million in funding to support the ongoing operations of the City’s emergency shelter and to support the provision of basic daily needs and supportive services that help individuals experiencing homelessness move toward stable housing while in shelter (Exhibit 1). The City aims to strengthen its homelessness response system by ensuring that emergency shelter operations remain accessible while expanding pathways to transitional and longer-term housing solutions.
These one-time funds will help sustain critical shelter operations and housing assistance efforts while the City continues to invest in long-term housing strategies. A total of $71,000, or 5% of the award amount, may be used for administrative costs. The application for the PIP program must include a resolution approved by the City Council (Exhibit 2).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this item at this time.
EXHIBIT(S)
1. Application
2. Resolution
Submitted By: Michael L. Garcia, Executive Director, Community Development Agency Approved By: Alvaro Nuñez, City Manager
City Council
20 –
2 3/17/2026
Prohousing Incentive Program
(PIP)
2025 Application for Local Governments
State of California
Governor, Gavin Newsom
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
Final Filing Date: March 31, 2026
651 Bannon Street, Suite 400 Sacramento, CA 95811
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing- incentive-program
Email: [email protected]
EXHIBIT 1
City Council
20 –
3 3/17/2026
X
X
X
X
X
X
Demonstration of meeting threshold criteria shall be determined by the Department in its sole and absolute discretion. No documentation of meeting threshold requirements is required in the application unless requested by the Department.
Housing Element Annual Progress Report submittal pursuant to Government Code Section 65400 for the current or prior year, as applicable.
Prohousing Designation: An awarded or completed Prohousing Designation Application with an authorizing resolution must be submitted prior to or in conjunction with the Applicant’s PIP Application. PIP Awards cannot be made until a Prohousing Designation is awarded.
A complete application as determined by the Department.
An authorizing resolution authorizing submittal of the application to the Program that materially comports with the Program’s requirements and is legally sufficient as determined in the Department’s reasonable discretion, including an authorized representative. See Attachment B of the PIP Guidelines for required resolution format.
Compliance with state and federal housing laws as determined by the sole discretion of HCD.
Prohousing Incentive Program (PIP) Application Instructions The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized under the provisions pursuant to Health and Safety Code Section 50470(2)(C)(i). PIP is designed to encourage cities and counties to achieve Prohousing Designation. Please refer to the PIP Guidelines and September 2024 Notice of Funding Availability (NOFA) for detailed information on eligible uses and awards. If you have questions regarding this application or the PIP Program, email [email protected].
If approved for funding, the PIP application is incorporated as part of your Standard Agreement with the Department. To be considered for funding, all sections of this application, including attachments if required, must be complete and accurate.
In order to be considered for funding, all applicants must submit a complete, signed application to [email protected] by March 31, 2026. Pursuant to Section 202 of the PIP Guidelines, all applicants must meet the following threshold requirements to be eligible for funding:
An adopted housing element in substantial compliance, as determined by the Department, pursuant to Housing Element Law (Article 10.6 of Gov. Code) in accordance with Government Code section 65585, subdivision (h).
Threshold Requirements
EXHIBIT 1
City Council
20 –
4 3/17/2026
Applicant
Applicant Agency Type
Mailing Address
City Zip Code
County
Website
TIN
Authorized Representative Name
Authorized Representative Title
Phone
Fax
Email
Contact Person Name
Contact Person Title
Phone
Fax
Email
Signature Date
Name Title
Orange County
www.santa-ana.org
As the official designated by the governing body (authorized representative above and in resolution), I hereby certify that, if approved by HCD for funding through PIP, the applicant assumes the responsibilities specified in the NOFA and certifies that the information, statements, and other contents contained in this application are true and correct. (714) 647-6549
Housing Division Manager
(714) 667-2241
[email protected]
95-6000785
Applicant Information
City of Santa Ana
City
20 Civic Center Plaza
Santa Ana 92701
Alvaro Nuñez
City Manager
(714) 647-5200
[email protected]
Judson Brown
EXHIBIT 1
City Council
20 –
5 3/17/2026
Jurisdiction Name Eligible Base Award
Geographic Category Bonus Award Amount:
Prohousing Designation Application
Score Total Award42 1,420,000$
Award Amount
Santa Ana 1,000,000$
Southern California
Click the dropdown menu to choose a jurisdiction. The geographic category and base award will auto-populate. If the jurisdiction has obtained Prohousing Designation at the time of PIP application submittal, enter in the Prohousing Designation applicant score. Population projections are based on the Department of Finance E-1 January 1, 2025 estimates. https://dof.ca.gov/Forecasting/Demographics/estimates-e1/ 420,000$
EXHIBIT 1
City Council
20 –
6 3/17/2026
X
Eligible Applicants must use award funds towards any planning or implementation activities related to housing and community development including, but not limited to, any eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D), as described below. Please indicate which of the following the applicant will use award funds toward:
Eligible Uses
Objective
(v) Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014. (vi) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. (i) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low-, and moderate-income households, including necessary operating subsidies. (ii) Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas. (iii) Matching portions of funds placed into local or regional housing trust funds. (vii) Accessibility modifications.
(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes. (ix) Homeownership opportunities, including, but not limited to, downpayment assistance. (x) Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households. (iv) Matching portions of funds available through the Low and Moderate Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.
Responsible Party
Summary of Proposed Activities
Housing Opportunities
for Homeless
Notes
Services include, but are not limited to, supporting
emergency shelter operations, expanding pathways to
Eligible Use Category
vi
End
6/30/2029City of Santa Ana
Est. Cost
$1,420,000
Begin
7/1/2026
Statement of Work Plan
Sustain critical operations at the City’s emergency
shelter and provide housing assistance to individuals
EXHIBIT 1
City Council
20 –
7 3/17/2026
Resolution No. 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING APPLICATION FOR, AND
RECEIPT OF, PROHOUSI NG INCENTIVE PROGRAM
FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. seq., the California Department of Housing and Community Development (“Department”) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and WHEREAS, the City Council of the City of Santa Ana (“City” or “Applicant”) desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on September 30, 2025 in the approximate amount of $8 million for PIP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA RESOLVES AS FOLLOWS:
SECTION 1. The City Manager or the City Manager’s des ignee is hereby authorized and directed to submit an Application to the Department in response to the NOFA and to apply for the PIP grant funds in a total amount not to exceed $1,420,000, including the potential bonus award;
SECTION 2. In connection wit h the PIP grant, if the Application is approved by the Department, the City Manager or the City Manager’s Designee is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (“Standard Agreeme nt”) for the amount of $1,420,000, including the potential bonus award , and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable EXHIBIT 2
City Council
20 –
8 3/17/2026
Resolution No. 2026-XXX
through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and identified in the approved Application.
SECTION 4. This Resolution shall take effect immediate ly upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this 17th day of March, 2026.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Andrea N. Garcia
Senior Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2026.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
EXHIBIT 2
City Council
20 –
9 3/17/2026
Planning and Building Agency
www.santa-ana.org/pb
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Smoke Shop Ordinance – Second Reading
AGENDA TITLE
Second Reading and Adoption of Zoning Ordinance Amendment No. 2026-01 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Smoke Shops
First reading March 3, 2026 City Council Meeting and approved by a vote of (7-0). Legal notice published in the OC Reporter on March 6, 2026.
RECOMMENDED ACTIONS
1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 2026-01 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to definitions, location, permitting, development standards, and operational requirements for smoke shop establishments; and
ORDINANCE NO. NS-3091 entitled 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 SMOKE
SHOP ESTABLISHMENTS AND FINDING THE ACTION TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2), SECTION 15060(c)(3), AND SECTION 15061(b)(3)
2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines.
GOVERNMENT CODE §84308 APPLIES: No
City Council
21 –
1 3/17/2026
Smoke Shop Ordinance – Second Reading
March 17, 2026
5 6
4 9
DISCUSSION
On March 3, 2026, City Council conducted a first reading of an ordinance, Zoning Ordinance Amendment No. 2026-01, to amend Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to the location, permitting, development standards, and operational standards for smoke shops and related definitions. The ordinance, approved 7:0, requires a second reading and adoption to become effective April 16, 2026.
No changes to the ordinance were made by the City Council. However, following the meeting, staff identified and corrected a typographical error. On page six, Section 13 of the Ordinance, the reference to the definition of “Tobacco retailer” has been changed from Section 18-90(f) to Section 18-90(h). A copy of the ordinance for second reading is attached to this report as Exhibit 1.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), because the activity is not a “project” as defined in Section 15378; and Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the adoption of this ordinance, which establishes land use and zoning regulations for smoke shops to protect public health and safety, may have a significant effect on the environment. These amendments are administrative and regulatory in nature, do not authorize specific development projects, and are intended to prevent the over-concentration and proliferation of smoke shops near sensitive uses. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-08, will be filed for this Project.
FISCAL IMPACT
The proposed ordinance has a net neutral fiscal impact, as the passage of the ordinance would generate fiscal impacts to the City in the form of additional expenditures offset by new revenues. A new smoke shop CUP application would generate a base cost of $13,691. Application fees include those for processing a Conditional Use Permit, Development Project Review, and an Environmental Review. In 2026, staff estimates conducting 38 inspections for existing smoke shops operating with permits and Certificates of Occupancy, resulting in approximately $47,000 in total inspection fees.
Therefore, an appropriation adjustment is not required.
EXHIBIT
1. Ordinance for Second Reading
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council
21 –
2 3/17/2026
Ordinance No. NS-####
ORDINANCE NO. NS-XXXX
Z
ONING ORDINANCE AMENDMENT NO. 2026 -01 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 SMOKE SHOP ESTABLISHMENTS AND
FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2),
SECTION 15060(c)(3), AND SECTION15061(b)(3)
W
HEREAS, the City of Santa Ana, under its police power, has the authority to enact and enforce regulations to promote the public health, safety, and general welfare of its residents and to regulate the use of land within the City; and W
HEREAS, the City’s powers to regulate and enforce laws in the area of tobacco sales and distribution are reflected in various State laws, including California Health and Safety Code Section 118950(e), California Business and Professions Code Section 22960(c), 22961(b), 22962(e), and 22963; and
W
HEREAS, about 77% of Santa Ana’s population is Latino, a population which has been systematically pursued through predatory marketing and cultural exploitation by the tobacco industry 1 and about 10% of the City’s population is Asian American, a population within which Vietnamese- American men have historically exhibited some of the highest smoking prevalence rates in California2; and W
HEREAS, roughly 13 % of the population of the City lives below the federal poverty line3 and suffers from disproportionately high density of tobacco retailers in lower- income census tracts compared to more affluent Orange County cities, a disparity that creates an “inequity of exposure” by saturating the local retail environment with point -of- sale advertising and cheap tobacc o products that facilitate higher rates of nicotine dependence in marginalized neighborhoods
4,5; and
1 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Hispanic or Latino: 76.7%).
Census.gov; Acevedo-Garcia, D., Et al. (2004). “The Hispanic Market: Tobacco Industry Targeting and Surveillance.” American Journal of Public health.
2 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, Califonia (Asian alone: 10.3%). Census.gov ; Tong, E.K., et al. (2010). “Smoking Prevalence and Factors Associated with Smoking Status Among Vietnamese in California. Nicotine & Tobacco Research.
3 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Persons in poverty: 12.6%).
Census.gov.
4 California Department of Public Health (CDPH). (2017). "Density of Tobacco Retailers in California." CDPH Tobacco Control Program.
5 Centers for Disease Control and Prevention (CDC). (2024). "Health Equity: Socioeconomic Status and Tobacco." CDC Tobacco Office.
City Council
21 –
3 3/17/2026
Ordinance No. NS-####
WHEREAS, Santa Ana’s status as one of the most densely populated cities in the United States results in a high concentration of tobacco retailers within walking distance of schools, parks, and residential land uses
6,7; and
WHEREAS, smoke shops are a type of tobacco retailer and are distributed citywide primarily along commercial corridors in close proximity to schools, parks, and residential land uses; and
WHEREAS, nearly sixty (60) percent of smoke shops are located within 1,000 feet of youth-centered uses such as schools, parks, and childcare facilities, and about ninety- six (96) percent of smoke shops are located within 500 feet of residences; and
WHEREAS, the City Council has observed a significant increase in the number of smoke shops in the City and, since January 1, 2024, the number of smoke shops in Santa Ana has more than doubled from seventeen (17) to forty-three (43); and
WHEREAS, on December 2, 2025, the City Council directed City staff to prepare an ordinance to regulate the establishment and permitting of smoke shops to restrict their proximity to sensitive uses such as schools, parks, childcare facilities, and residences to address public health, public safety, and enforcement concerns; and
WHEREAS, smoke shops have historically been treated as ordinary retail under the Santa Ana Municipal Code (SAMC), which has limited the City’s ability to assess their cumulative impact on community character and public safety; and
WHEREAS, there exists a compelling interest in reducing the exposure of minors to tobacco products, electronic cigarettes, and related paraphernalia, consistent with the goals of the City’s Tobacco Retail Licensing program and recent prohibitions on flavored tobacco products; and
WHEREAS, the City recently prohibited the sale of nitrous -oxide for recreational use via local ordinance in 2025 to close loopholes in State law and address the illicit distribution of inhalants often found in smoke shop environments; and
WHEREAS, in 2025, Santa Ana Police Department personnel served twelve (12) search warrants and, as a result of the search warrants , they discovered narcotics, loitering, and violations related to the sale of nitrous-oxide and flavored tobacco; and
WHEREAS, in 2025, Santa Ana Police Department personnel received 989 calls for service for illegal and nuisance activities at smoke shops; and
6 Campaign for Tobacco-Free Kids. (2023). "The Impact of Retailer Density on Youth Smoking." TobaccoFreeKids.org.
7 U.S. Department of Health and Human Services. (2024). "Tobacco-Related Health Disparities: A Report of the Surgeon General." HHS.gov.
City Council
21 –
4 3/17/2026
Ordinance No. NS-####
WHEREAS, Code Enforcement and Police Department enforcement have observed unlawful activities at smoke shops that directly impact community character, public health, and public safety; and
WHEREAS, unlawful nuisance activities observed at smoke shop establishments include, but are not limited to, storage of banned substances such as nitrous oxide, whippets, and flavored tobacco; illegal gambling operations; sale of unregulated goods such as psychedelic mushrooms, kratom, and hemp; loitering; littering; and crime linked to cash-based operations; and
WHEREAS, between August 2025, when Code Enforcement data specific to smoke shops was first collected, and January 2026, Code Enforcement personnel issued two (2) Notices and Orders, five (5) Notices of Violation, and ten (10) administrative citations for unpermitted work, unpermitted substance sales, and operation without licensing and/or certification; and
WHEREAS, Zoning Ordinance Amendment No. 2026-01 is consistent with various goals and policies of the General Plan, specifically, this action is consistent with Land Use (LU) Element Goal LU -3 (Compatibility of Uses) , which is intended to preserve the character and integrity of existing neighborhoods; Policy LU -3.3 (Enforcement of Standards), which aims to maintain a robust and proactive code enforcement program that partners with community stakeholders and is responsive to community needs; Policy LU-3.8 (Sensitive Receptors) , which endeavors to avoid placing noxious or hazardous uses in close proximity to sensitive land uses; Policy LU -4.6 (Healthy Living Conditions) which encourages land use decisions that promote healthy lifestyles; Community (CM) Element Goal CM -3 (Active Living and Well -Being), which promotes the health and wellness of all residents; Policy CM -3.2 (Healthy Neighborhoods) , which supports the creation of healthy neighborhoods by addressing public safety, land use conflicts, and incompatible uses ; a nd Economic Prosperity (EP) Element Policy EP -2.3 (Complementary Businesses), which encourages the development of mutually beneficial and complementary business clusters within the community; and
WHEREAS, on February 9 , 2026, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2026- 01, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance with direction that staff evaluate certain definition(s) and location requirements and revise the proposed ordinance accordingly; and
WHEREAS, on March 3, 2026, the City Council held a duly-noticed public hearing and considered the staff report, r ecommendations by staff, and public testimony concerning the proposed ordinance.
City Council
21 –
5 3/17/2026
Ordinance No. NS-####
THE CITY COUNCIL OF THE CITY OF SANTA ANA HERBY ORDAINS AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), because the activity is not a “project” as defined in Section 15378; and Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the adoption of this ordinance, which establishes land use and zoning regulations for smoke shops to protect public health and safety, may have a significant effect on the environment. These amendments are administrative and regulatory in nature, do not authorize specific development projects, and are intended to prevent the over - concentration and proliferation of smoke shops near sensitive uses.
Section 3. Section 41-44.5.1. (Convenience store) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-44.5.1. – Convenience store.
A convenience store means a retail establishment that sells a variety of products for consumption off-premises, including, but not limited to , food and beverages, household goods, over-the-counter medicines, magazines and other printed publications, and other similar items.
Section 4. Section 41-42.9. (Cigarette) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-42.9. - Cigarette.
Cigarette shall have the same meaning as Section 30003 of the Revenue & Taxation Code, including any amendments or successor statutes thereto.
Section 5. Section 41- 65.6. (Grocery store) of Chapter 41 of the SAMC is hereby added to read as follows:
Section. 41-65.6. – Grocery store.
A grocery store means a retail establishment that typically stocks a range of items, including fresh produce, meats, dairy products, canned and packaged goods, over-the- counter medicines, and household supplies like cleaning products and paper goods. It can serve a neighborhood or the wider community, and while offering items of convenience, is not considered a Convenience Store. Attributes of such establishment
City Council
21 –
6 3/17/2026
Ordinance No. NS-####
often include multiple entrances, loading docks, and interior food service such as bakeries and butcher counters.
Section 6. Section 41-54.6. (Electronic cigarette) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-54.6. - Electronic cigarette.
Electronic cigarette, or e-cigarette, shall have the same meaning as Section 31001(c) of the Revenue & Taxation Code, including any amendments or successor statutes thereto.
Section 7. Section 41-152.6. (Smoke and vapor products) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-152.6. - Smoke and vapor products.
Smoke and vapor products include, but may not be limited to, tobacco products and smoking paraphernalia.
Section 8. Section 41- 152.6.1. (Smoke shop) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-152.6.1. - Smoke shop.
A smoke shop means any business located in a permanent, fully -enclosed building that primarily sells or offers for sale any smoke and vapor products, but shall not include:
establishments whose business includes the incidental sale of smoke and vapor products (such as convenience stores and grocery stores as defined by this Chapter ); establishments that sell smoke and vapor products principally for onsite consumption (such as private smokers’ lounges); or establishments operating under a commercial cannabis business under Chapter 40 (Regulation of Commercial Cannabis Activities).
Section 9. Section 41- 152.6.2. (Smoke shop operator) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-152.6.2. - Smoke shop operator.
A smoke shop operator means all persons who own and/or operate a smoke shop. An owner is any person who owns 5 percent or more of the smoke shop.
Section 10. Section 41-152.6.3. (Smoking) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-152.6.3. - Smoking.
City Council
21 –
7 3/17/2026
Ordinance No. NS-####
Smoking shall have the same meaning as Section 22950.5(c) of the Business and Professions Code, including any amendments or successor statutes thereto.
Section 11. Section 41-152.6.4. (Smoking paraphernalia) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-152.6.4. - Smoking paraphernalia.
Smoking paraphernalia means any device, substance, or accessory intended for the smoking of tobacco, cannabis, vaping, or electronic cigarette, or illicit drug use.
Section 12. Section 41-159.7. (Tobacco product) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-159.7. - Tobacco product.
Tobacco product shall have the same meaning as provided in 22950.5(d) of the Business and Professions Code, including any amendments or successor statutes thereto.
Section 13. Section 41-159.8. (Tobacco retailer) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-159.8. - Tobacco retailer.
Tobacco retailer shall have the same meaning as that in Section 18-90(h) of this Code.
Section 14. Section 41-683.8. (Discontinuance of nonconforming smoke shops) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-683.8. - Discontinuance of nonconforming smoke shops.
(a) All smoke shops that have a valid certificate of occupancy and tobacco retailer license pursuant to Article III of Chapter 18 of this Code prior to the effective date of this section, shall be deemed a nonconforming smoke shop.
(b) If a nonconforming smoke shop, as smoke shop is defined in Section 41- 152.6.1, is discontinued for a period of six (6) consecutive months, any subsequent use must conform in every respect to the provisions of this C hapter.
Section 15. Article XXIV (Smoke Shops) of Chapter 41 of the SAMC is hereby added to read as follows:
ARTICLE XXIV. SMOKE SHOPS
Sec. 41-2408. - Specific purposes.
City Council
21 –
8 3/17/2026
Ordinance No. NS-####
(a) In addition to the general purposes listed in section 41-1, the specific purposes of this article are to:
(1) Establish regulations for smoke shops, as defined in 41-152.6.1 of this Code.
(2) Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that smoke shops may have upon the residents of the city and preserve the integrity of existing commercial and residential areas of the city, which are in close proximity to such commercial areas.
Sec. 41-2409. - Permitted zones and locations.
(a) Smoke shops may be located on parcels in the C1, C1-MD, C2, C4, C5, or C-SM zoning districts subject to the issuance of a conditional use permit.
(1) No smoke shop shall be located within one thousand (1,000) feet of another smoke shop, as measured from the primary entrance of the smoke shop to the primary entrance of the nearest smoke shop.
(2) No smoke shop shall be located on a parcel located within one thousand (1,000) feet, as measured from the primary entrance of the smoke shop to the outermost boundary of the nearest parcel line whereon any of the following is located:
i. A public park, playground, recreational area including a trail that is immediately adjacent to a public park, or youth facility, including, but not limited to, a boys and girls club, nursery school, preschool, or day care facility;
ii. A school (K-12) as defined by Section 11362.768 of the Health and Safety Code; or
iii. An alcohol or other drug abuse recovery or treatment facility.
(3) No smoke shop shall be located on a parcel located within five hundred (500) feet of a property zoned or used for residential purposes, as measured from the primary entrance of the smoke shop to the outermost boundary of the nearest parcel line of the property zoned or used for residential purposes.
(4) No smoke shop shall be permitted within a building or tenant space where any storefront, signage, or pedestrian entrance is oriented toward or visible from the public right-of-way of an arterial street, as defined and designated in the Mobility Element of the City's General Plan.
City Council
21 –
9 3/17/2026
Ordinance No. NS-####
Sec. 41-2410. - Permits and certificates.
(a) No tobacco retailer, as defined in Section 18- 90 of this Code, where the sale of tobacco is incidental to its primary use (such as a grocery store or convenience store) shall be operated or established in the city without first obtaining the following:
(1) An approved certificate of occupancy.
(2) A city issued business license.
(3) An approved Tobacco Retailer License issued by the Chief of the Santa Ana Police Department, as set forth in Section 18-91 of this Code.
(b) No smoke shop may be operated or established in the city without first obtaining the following:
(1) An approved conditional use permit.
(2) An approved certificate of occupancy.
(3) A city issued business license.
(4) An approved Tobacco Retailer License issued by the Chief of the Santa Ana Police Department, as set forth in Section 18-91 of this Code.
Sec. 41-2411. - Development and operating standards.
The following development and operating standards shall be applied to the operation of any smoke shop:
(a) Display. A maximum of twenty -five (25) percent of the floor area of the premises may display smoking paraphernalia for sale or viewing.
(b) Age Restriction. No person under the age of 21 years shall enter, be in, or remain in or on the premises of any smoke shop at any time. It shall be the affirmative duty of the business operator to verify the age of every person entering the establishment.
(c) Lighting. The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the s moke shop , shall be illuminated in accordance with the lighting req uirements of the underlying zoning district, and applicable Conditions of Approval.
City Council
21 –
10 3/17/2026
Ordinance No. NS-####
(d) Litter and Graffiti.
(1) Trash and recycling receptacles shall be provided near public entrances to and exits from the building.
(2) The smoke shop operator shall provide for daily removal of trash, litter, and debris from the premises and on all sidewalks that abut the premises, including the smoke shop's parking areas.
(3) The owner of a property where a smoke shop is located shall remove graffiti in accordance with the requirements of Sec. 10-228 of this Code.
(e) Vending Machines. Interior and exterior vending machines are prohibited.
(f) Video Surveillance.
(1) Smoke shops must equip a fully functional color digital video camera surveillance system.
(2) The video camera surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the Santa Ana Police Department or their designee on request.
(3) The video camera surveillance system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.
(4) The video camera surveillance system shall maintain the correct date and time stamped onto the image at all times.
(5) The video camera surveillance system’s camera storage capacity should be for at least 90 calendar days. Such cameras must be capable of producing a retrievable and identifiable image that can be made a permanent record and that can be enlarged through projection or other means.
(6) The video camera surveillance system shall be capable of producing a digital playback as a system feature. The Santa Ana Police Department may request immediate viewing of surveillance footage and may request digital media in relation to a criminal investigation; in such case, the digital media shall be provided to an authorized representative of the Santa Ana Police Department, upon request, within 24 hours of the request.
City Council
21 –
11 3/17/2026
Ordinance No. NS-####
(7) There shall be a minimum of three surveillance cameras placed so as to record activities in the primary customer areas of the business; such cameras must, at minimum, provide surveillance for all entry and exit areas, customer parking, and the cash register. These cameras should be located on the interior and, in some instances, the exterior of the building if necessary to provide adequate surveillance of an exterior area. Cameras shall be of sufficient quality to be able to identify persons and/or vehicles utilizing the business parking lot.
(8) The interior of the business mus t have at least one surveillance camera placed to focus on each cash register transaction with the view to include the clerk as well as the customer waiting area.
(9) All interior surveillance cameras shall record in color.
(10) All exterior surveillance cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior surveillance cameras shall be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.
(11) An inoperable video camera surveillance system may be cause for revocation of the Conditional Use Permit.
(12) In the event of a security breach, vandalism, theft, or other offense, the smoke shop operator must ensure preservation of the relevant security footage beyond the required 90 days in coordination with the Santa Ana Police Department.
(13) A sign shall be posted inside and at the entrance to the smoke shop indicating that the premises are under video surveillance.
(g) Signage, Glazing, Obstructions.
(1) The provisions specified under Article XI (On- Premises Signs), and this subsection shall apply. Where conflict may occur between the provisions of Article XI (On -Premises Signs) and this subsection, the more restrictive provisions shall govern.
(2) In addition to the requirements found in the California Cigarette and Tobacco Products Licensing Act of 2003 and all updated and related state and federal laws, including any amendments and successor statutes thereto, including any state or Federal regulations, the following copy is required to be prominently posted in a readily visible manner on an interior wall or fixture and not on windows:
City Council
21 –
12 3/17/2026
Ordinance No. NS-####
i. "California State Law Prohibits the Sale of Tobacco Products to Persons Under 21 Years of Age."
ii. "No Persons Under the Age of 21 May Enter These
Premises."
iii. "No Loitering is Allowed On or In Front of These Premises."
iv. "No Smoking or Vaping Allowed on These Premises."
(3) At least 50 percent of any street-facing facade must be glazed with a clear, non-tinted material and may not be obstructed through interior placement of any temporary sign taped or otherwise affixed to a window or shelves, racks, furniture, or other storage or display of products.
(4) Any signage required by law shall not exceed twenty-five (25) percent of the area of each window.
(5) Doors must be free from signs regardless of door type or material.
(6) Advertising and signage on windows shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.
(7) Any smoke sho p located within 1,000 feet of a sensitive use, as listed in Subsection 41-2409(a) shall not advertise tobacco or vapor sales in a manner visible from th e outside of the smoke shop, such as from a public thoroughfare, sidewalk, or parking lot.
(h) Loitering and Other Nuisance Activities.
(1) The operation of a smoke shop shall not result in repeated nuisance activities on the property, which may include, but are not limited to, disturbances of the peace, illegal drug activity, public intoxication, drinking in public, s moke and vapor product sales to minors, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours) , traffic violations, curfew violations, lewd conduct, or other violations of local , state, or federal laws, especially when contributing to a proportionally high rate of police reports and arrests to the area. Any violation of this section shall be considered an egregious violation of this ordinance and a public nuisance
City Council
21 –
13 3/17/2026
Ordinance No. NS-####
that is imminently dangerous to life, health, safety or adjacent property such that it requires immediate correction or elimination. Such a violation shall subject the smoke shop operator to immediate suspension pursuant to Section 41-650.5 or to revocation of the smoke shop's Conditional Use Permit pursuant to Section 41-651 of this Code.
(2) The smoke shop operator shall post the property with the appropriate signs advising that consumption of alcoholic beverages, gambling, trespassing, or loitering on private property is a violation of the SAMC . The smoke shop operator shall ensure that a form is submitted to the Santa Ana Police Department, notarized, signed, and dated by the property owner(s) every 12 months, that authorizes Santa Ana Police Department peace officers to enter the smoke shop premises and remove trespassers when the business is closed to the public, in accordance with Section 602(o) of the California Penal Code, including any amendments or successor statutes thereto.
(i) Training.
(1) Initial Training. The s moke shop operator and all employees of the smoke shop who are involved in the sale of s moke and v apor products must complete approved course(s) in training of sm oke and v apor product sales and handling within 60 days after approval of the Conditional Use Permit, or for employees hired after the approval of the Conditional Use Permit, within 60 days from the date of hire. Existing smoke shop operators and employees shall have 60 days from the effective date of this ordinance to come into compliance with the training requirement, and thereafter new operators and employees shall obtain the necessary training within 60 days of the date of hire or from the date of ownership. To satisfy this requirement, a program must meet the standards of the California Department of Public Health, or other certifying or licensing body designated by the State of California, in the Stop Tobacco Access to Kids Enforcement (STAKE) Act. If the s moke shop operator is a legal entity, the manager or executive responsible for the smoke shop shall obtain the requisite training, as well as all employees.
(2) Annual Training. The s moke shop operator and all employees shall also be required to complete annual trainings , which comply with state standards, including changes to tobacco sales laws and regulations. Smoke shops shall be required to keep up- to-date records, such as certificates of completion, which prove that all individuals listed above have completed the requisite annual trainings and shall furnish these records to the City during inspections and upon a reasonable request from the City.
(j) Compliance with Laws. The smoke shop must remain in compliance with all local, state, and federal laws, regulations, and orders, as well as all Conditions of Approval imposed on the use.
City Council
21 –
14 3/17/2026
Ordinance No. NS-####
(k) Posting of Conditions. A copy of all conditions of approval and training requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the s moke shop or posted in an employee area and provided upon request (e.g., via flyer or brochure) to patrons and enforcement officials.
(l) Prohibited Products. The sale or distribution of one or more of the following is prohibited.
(1) Cannabis or Cannabinoid products. Sale of this product shall immediately subject the smoke shop to Conditional Use Permit revocation proceedings pursuant to Section 41-651 of this Code.
(2) Drug paraphernalia not directly related to legal smoke and vapor products.
(3) Nitrous oxide.
(4) Any kratom product.
(5) Flavored tobacco. Sale of this product shall immediately subject the smoke shop to Conditional Use Permit revocation proceedings pursuant to Section 41-651 of this Code. Should flavored tobacco products be found during an inspection of the smoke shop, the Santa Ana Police Department may seize and destroy said products.
(6) Other products prohibited by law.
(7) Alcoholic beverages, unless otherwise permitted by a valid City issued permit that is in existence prior to the date of the adoption of this ordinance.
(m) Hours of Operation. All smoke shops may only conduct business transactions between the hours of 7:00 a.m. and 11:00 p.m. daily.
(n) Additional Requirements.
(1) Smoke shop operators and/or applicants shall submit a security plan consistent with Santa Ana Police Department policy on the sale of age- restricted materials. Prior to the approval of a Conditional Use Permit, the applicant shall prepare and submit for review by the Chief of the Santa Ana Police Department, or designee, a security plan for approval. Approval of the security plan by the Chief or their designee shall not be unreasonably denied. The contents of the s ecurity plan shall be incorporated as Conditions of Approval to the Conditional Use Permit. As a part of the
City Council
21 –
15 3/17/2026
Ordinance No. NS-####
annual inspection process conducted pursuant to Sec. 41- 2411(n)(5), the security plan shall be resubmitted for approval by the Chief or designee.
(2) The Director or designee may require the smoke shop operator and/or applicant to submit additional information, of such type and in such form as the Director may specify, as the Director may deem relevant to the application, including, but not limited to, an operational statement, floor plans, architectural renderings, and technical studies, as appropriate.
(3) The Director or designee may refer an application to other City departments to determine whether the s moke shop's location will comply with building, health, zoning, and fire ordinances or other applicable ordinances or laws.
City departments may conduct an inspection of the premises to determine compliance with the ordinances and other laws they administer, and may subsequently prepare reports summarizing their inspections.
(4) Additional security measures such as reduced hours of operation, security guards, door monitors, and/or burglar alarm systems may be required if nuisance or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Santa Ana Police Department.
(5) Smoke shops shall be subject to routine unannounced inspections at least annually, to ensure compliance with this section and any additional conditions of the Conditional Use Permit. The smoke shop operator shall reimburse the City for the cost of such inspection(s) pursuant to the City's Miscellaneous Fee Schedule. If an annual inspection results in a finding that a smoke shop operator is not in compliance with this section or the specific conditions of the Conditional Use Permit, that finding may be used as a basis for amending or revoking the Conditional Use Permit, pursuant to Section 41-651 this Code.
i. If a smoke shop is determined to be out of compliance with its Conditions of Approval, the person or entity acting as the smoke shop operator shall be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1 of this Code, as set by City Council resolution. The fine structure shall consist of progressively higher fines for violations occurring within one year of a prior violation. In addition, upon a fourth violation being upheld within a three (3) year period of the first violation, the Conditional Use Permit for the business may be subject to revocation. F ines shall be levied in accordance with the Miscellaneous Fee Schedule.
Sec. 41-2412. - Existing Smoke Shops.
City Council
21 –
16 3/17/2026
Ordinance No. NS-####
Smoke shops that are in existenc e upon the effective date of this article and that do not have a conditional use permit to operate shall have six (6) months from the effective date of this article to comply with the standards in Section 41-2411 of this Article.
Sec. 41-2413. - Applicability to other regulations.
The provisions of this article are not intended to provide exclusive regulation of the regulated smoke shop uses. Such uses must comply with any and all applicable regulations imposed in other articles of Chapter 41 of this Code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail.
Section 16. 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 17. The City Council of the City of Santa Ana hereby adopts an ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code pertaining to smoke shop establishments . This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated March 3, 2026, and exhibits attached thereto; and the public testimony, all which are incorporated herein by reference.
Section 18. This ordinance shall become effective thirty (30) days after its adoption.
Section 19. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2026.
_________________________
Valerie Amezcua
Mayor
City Council
21 –
17 3/17/2026
Ordinance No. NS-####