Planning and Building Agency
www.santa-ana.org/pb
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
Topic: Amendment Application No. 2026-02 (Zone Change) for 2101 and 2109 East Santa Clara Avenue
AGENDA TITLE
Public Hearing - Amendment Application No. 2026-02 for the Santa Clara Avenue Zone Change (2101 and 2109 East Santa Clara Avenue)
Legal notice published in the OC Reporter on March 20, 2026 and notices mailed on the March 26, 2026.
RECOMMENDED ACTIONS
1. Adopt the environmental determination for Amendment Application (Zone Change) No. 2026-02, finding that the Project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087) and is exempt from further environmental review pursuant to CEQA Guidelines Sections 15162 and 15061(b)(3); and
2. Adopt an ordinance approving Amendment Application (Zone Change) No. 2026-
02. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2026-02 AMENDING THE ZONING FOR THE PROPERTIES LOCATED AT 2101 AND 2109 EAST SANTA CLARA AVENUE (APNS: 396-261-26 AND 396-261-38) FROM GENERAL AGRICULTURAL (A1) TO ARTERIAL COMMERCIAL (C5); read by title only and waive further reading.
GOVERNMENT CODE §84308 APPLIES: Yes
EXECUTIVE SUMMARY
The City of Santa Ana is proposing to change the zoning district designation of two properties located at 2101 and 2109 East Santa Clara Avenue (“Site”) from General Agricultural (A1) to Arterial Commercial (C5) (“Project”). This zone change is to bring the zoning of the subject properties into consistency with the City’s General Plan, in
AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change April 7, 2026
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accordance with Government Code Section 65860, which requires that zoning regulations be consistent with the adopted General Plan.
The proposed C5 zoning designation establishes consistency with the General Plan’s land use policies and objectives, supports commercial activation along Santa Clara Avenue, maintains consistency with the adjacent commercial center’s C5 zoning designation, and facilitates economic development, local-serving businesses, and employment opportunities while maintaining compatibility with surrounding uses. The requested action does not authorize any new development and is not tied to any development project application. CEQA review is satisfied by the 2022 General Plan EIR (SCH No. 2020029087) and the zone change is exempt from further environmental review under CEQA Guidelines Sections 15162 and 15061(b)(3).
Planning Commission Action
On February 23, 2026, the Planning Commission held a public hearing for the Project and voted 5:0:2 (Commissioners Oliva and Pham absent) to recommend that the City Council:
(1) adopt the environmental determination for Amendment Application (Zone Change) No. 2026-02, finding that the Project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087) and is exempt from further environmental review pursuant to CEQA Guidelines Sections 15162 and 15061(b)(3); and (2) approve Amendment Application (AA) No. 2026-02.
DISCUSSION
Project Description
The proposed Project consists of a City-initiated Amendment Application (AA) No. 2026- 02 to amend the City of Santa Ana Zoning Map by changing the zoning district designation of two properties located at 2101 and 2109 East Santa Clara Avenue from General Agricultural (A1) to Arterial Commercial (C5). The requested action does not authorize any development on the site, which would be subject to separate review by the City for any administrative or discretionary actions.
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 2101 and 2109 East Santa Clara Avenue – Ward 3 Nearest Intersection Tustin Avenue and Santa Clara Avenue General Plan Designation General Commercial (GC) – No change Existing Zoning Designation General Agricultural (A1)
Proposed Zoning Designation Arterial Commercial (C5)
North Commercial center
East Drive-through restaurant Surrounding Land Uses
South Multi-family residential (Woodlyn North
Condominiums), preschool/kindergarten,
AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change April 7, 2026
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Item Information
commercial center
West Parking and vehicular access for Horizon
Apartments multi-family residential community
Property Size 0.81-acres (35,400 square feet)
Existing Site Development
The subject sites contain two one-story, single-family
residences approximately 2,530 and 3,904 square feet
in size, with associated accessory structures.
Existing Site Uses Single-family residences (2)
Zoning Code Sections Affected SAMC Sections 41-665 and 41-667 Project Background
The project site encompasses approximately 0.81 acres (35,400 square feet) and is currently developed with two legal nonconforming single-family residences. The earliest aerial imagery from 1938 shows that the subject properties appeared to be first developed as an orchard. No buildings or structures were present on site at this time and most of the surrounding area was used for orchards, with some houses and agricultural buildings in the vicinity. The single-family residence addressed as 2101 East Santa Clara Avenue was constructed at an unknown date and moved to the site in 1967. The single-family residence addressed as 2109 East Santa Clara Avenue was constructed circa 1957 and included the main house and garage. The now-commercial shopping center to the north of the Project site remained undeveloped until 1972. Today, the two subject properties are legal non-conforming, as they do not meet most of the development standards for the underlying zone and were constructed prior to 1960.
Based on permit and title records, both 2101 and 2109 East Santa Clara Avenue were owned by the Newcomb family until they were sold to SRP Stater Bros, LLC in February 2021. In March 2023, the property owners submitted a voluntary lot merger application (No. 2023-02) to consolidate 2101 and 2109 East Santa Clara Avenue into a single legal lot. The lot merger application was executed and recorded in June 2023.
In April 2022, Development Project (DP) Review No. 2022-06 was submitted for a 3,975- square-foot McDonald’s with drive-through operations at 2101 and 2109 East Santa Clara Avenue. To facilitate the project, the applicant requested an amendment application (zone change) from General Agricultural (A1) to Arterial Commercial (C5) and a Conditional Use Permit (CUP) for the drive-through operations. On February 26, 2024, the Planning Commission held a public hearing and recommended City Council approval of the requested zone change and CUP. On April 2, 2024, the City Council held a public hearing for the requested entitlements. However, the applicant verbally withdrew their application prior to any action by the City Council. Therefore, no project was considered by the City Council and the Site retained its current zoning designation.
AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change April 7, 2026
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Government Code Section 65860
Government Code Section 65860 was first enacted in the early 1970s as part of California’s Planning and Zoning Law to ensure that local zoning ordinances align with adopted General Plans. Under the original law, cities and counties were required to make their zoning consistent with their General Plan by January 1, 1974, and to amend inconsistent zoning within a reasonable time after a General Plan amendment. The statute established the General Plan as the foundational policy document for land use decisions and obligated local agencies to bring zoning into conformity with that plan.
In 2023, the Legislature passed Assembly Bill 821 (AB 821), which amended Section 65860 and became effective January 1, 2024. AB 821 strengthened and clarified the consistency requirement by setting firm timelines and procedures for addressing inconsistencies. For example, when a development application is consistent with the General Plan but inconsistent with zoning, a local agency must either amend the zoning ordinance within 180 days or process the application under applicable law and objective General Plan standards without relying on inconsistent zoning. The amendment also expands enforcement provisions, reaffirming that outdated zoning may not be used to delay or block development that is otherwise allowed under the General Plan.
The purpose of the proposed zone change is to bring the Site into consistency with the City’s General Plan, which was adopted in 2022, in compliance with Government Code Section 65860. Government Code Section 65860 requires that zoning regulations be consistent with the adopted General Plan, including its land use designations, goals, and policies. As a result of the 2022 General Plan Update, the subject properties were designated General Commercial (GC). However, the underlying zoning remained A1, creating an inconsistency between the General Plan and the Zoning Code.
Project Analysis
In accordance with Section 41-667 of the Santa Ana Municipal Code (SAMC) and Government Code Section 65860, staff recommends that the City Council adopt an ordinance approving AA No. 2026-02 to change the zoning designation of the subject properties from A1 to C5. The zone change is a corrective, policy-implementing action intended to resolve the existing inconsistency between land use policy and zoning regulations and does not authorize any specific development project. Moreover, no construction, demolition, or change in use is proposed as part of this action. Lastly, the proposed zone change implements the 2022 General Plan Land Use Element, supports orderly and planned development along a designated commercial corridor, and ensures ongoing compliance with State law governing General Plan and zoning consistency.
The C5 zoning designation reflects the established commercial character of the surrounding area, including the adjacent shopping center to the north and east and the broader commercial corridor along Tustin Avenue. The GC land use designation is AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change April 7, 2026
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intended to accommodate highly visible, arterial-oriented commercial uses that support employment opportunities and complementary services near established residential neighborhoods. Accordingly, the proposed C5 zoning designation is appropriate for the subject properties and fulfills the City’s obligation to maintain consistency between the Zoning Code and the General Plan. This proposed zoning amendment brings the properties into consistency with the GC land use designation adopted as part of the City’s 2022 General Plan Update and is compatible with the General Plan’s objectives, policies, and land use framework. Lastly, any future development or redevelopment of the site would be subject to separate discretionary review, environmental analysis, and permitting in accordance with applicable City regulations, including the SAMC, CEQA, and adopted design standards (if applicable).
Existing Zoning District Designation Proposed Zoning District Designation General Plan Consistency
The City of Santa Ana General Plan Update (GPU) was adopted in April 2022 following a seven-year public outreach and engagement process that included more than 60 community meetings and workshops, online surveys, direct mailers, study sessions, and individual meetings with the Planning Commission and City Council. This inclusive process informed the updated Land Use Element, which establishes the City’s long-term land use vision and development policies and reflects community goals related to growth, livability, and economic vitality (Goal LU-1; Policy LU-1.1).
Prior to adoption of the GPU, the subject properties were designated with a split land use of Institutional (INS) and GC. The GPU updated the designation to GC in its entirety, consistent with adjacent commercial center properties and the surrounding arterial corridor. However, the underlying zoning designation remained A1 and necessitates a zone change to resolve the inconsistency between the General Plan and the Zoning Code.
The proposed C5 zoning amendment is consistent with the GC land use designation and satisfies Government Code Section 65860, which requires zoning regulations to be compatible with General Plan objectives, policies, and land use designations. The GC Site Site
AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change April 7, 2026
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designation is intended to accommodate highly visible, arterial-oriented commercial uses that support employment, local-serving retail, and complementary commercial activities near established residential neighborhoods (Goal LU-2; Policies LU-2.1 and LU-2.2). The proposed zone change resolves the zoning inconsistency with the 2022 GPU and supports reinvestment and business development consistent with the surrounding commercial corridor (Policies LU-2.6 and LU-2.7).
Existing General Plan Land Use Designation
By aligning zoning with adopted land use policy, the amendment promotes compatibility with adjacent development and preserves neighborhood integrity through the future application of City design and development standards (Goal LU-3; Policies LU-3.4 and LU-3.7). Any future development would be subject to applicable City review processes to ensure compatible scale, massing, and site design, contributing to a safe, attractive, and economically viable commercial environment.
The proposed zoning amendment is also consistent with the General Plan’s Economic Prosperity goals related to job creation and retention (Goal EP-1; Policy EP-1.2), economic diversification and support for high-growth and complementary businesses (Goal EP-2; Policies EP-2.1 and EP-2.3), and the promotion of a business-friendly environment that facilitates investment and balanced land use decisions (Goal EP-3; Policies EP-3.7 and EP-3.8). By resolving existing zoning inconsistencies and enabling commercial activation of underutilized land along an arterial corridor, the proposed zone change supports long-term economic vitality, employment opportunities, and fiscally productive land uses consistent with the adopted General Plan.
Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided attached hereto as Exhibit 6. The project site is not located within the boundaries of a neighborhood association. However, prior to the Planning Commission public hearing, representatives of nearby neighborhood associations were contacted to identify any potential concerns related to the proposed request. No issues or concerns were identified during this outreach effort.
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In addition, no written or verbal public comments were received prior to or during the Planning Commission public hearing. As of the preparation of this report, no public concerns have been raised regarding the proposed zone change.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is not subject to additional environmental review pursuant to CEQA Guidelines Section 15162, as it is within the scope of the 2022 City of Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087), which was certified in conjunction with adoption of the General Plan Update. Section 15162 prohibits preparation of a subsequent or supplemental EIR unless substantial changes are proposed to the project, substantial changes occur in the circumstances under which the project is undertaken, or new information of substantial importance becomes available that was not known and could not have been known at the time the prior EIR was certified.
The proposed zone change is a City-initiated corrective action that aligns zoning with the GC land use designation adopted through the 2022 General Plan Update and does not authorize any new development, construction, or change in intensity beyond what was previously analyzed in the General Plan EIR. The land use designation and development assumptions associated with the proposed zoning were fully evaluated in the certified General Plan EIR. No substantial changes to the project, no changes in circumstances, and no new information requiring major revisions to the EIR have been identified.
Accordingly, no subsequent or supplemental EIR is required pursuant to CEQA Guidelines Section 15162.
In addition, the proposed zoning amendment is exempt from further environmental review under CEQA Guidelines Section 15061(b)(3) (the “Common Sense Exemption”), as it can be determined with certainty that the action will not result in a significant effect on the environment. The zone change is administrative and policy-implementing in nature, serves to maintain consistency between the Zoning Code and the General Plan pursuant to Government Code Section 65860, and does not, by itself, enable or approve physical development. Any future development would be subject to separate discretionary review and project-level CEQA analysis, as applicable. Therefore, the environmental effects of the proposed action have already been adequately analyzed in the 2022 General Plan EIR, and no further environmental review is required. A Notice of Determination and Notice of Exemption, Environmental Review No. 2026-05, will be filed for the project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
AA No. 2026-02 for 2101 and 2109 East Santa Clara Avenue Zone Change April 7, 2026
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EXHIBITS
1. Ordinance Approving AA No. 2026-02
2. Vicinity Zoning and Aerial View
3. Site Photos
4. Certified General Plan Update Environmental Impact Report (hyperlink)
5. February 23, 2026 Planning Commission Staff Report and Exhibits (hyperlink)
6. Copy of Public Hearing Notice
Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager