homeland security and preparedness grant funding in California and serves as the State Administrative Agency for grant programs funded by the U.S. Department of Homeland Security. In January 2026, Cal OES issued a Notice of Funding Opportunity for the Federal Fiscal Year 2024 State and Local Cybersecurity Grant Program (SLCGP). The SLCGP provides up to $250,000 to state and local governments to address cybersecurity risks and strengthen the security and resilience of information systems and critical infrastructure.
In March 2026, PWA submitted a Notice of Interest to Cal OES requesting $250,000 in SLCGP to support cybersecurity upgrades to the City’s water system network. The grant requires the City to provide a minimum of 30% in matching funds. Based on the total project cost of $357,143, the City’s required match is $107,143 which will be provided from the City’s Water Enterprise Fund.
In August 2026, the City received notification of the successful grant subaward. As a condition of the award, the City must adopt a resolution formally accepting the Cal OES grant award and designate an Authorized Agent to execute the Grant Subaward agreement. Staff recommends that the City Council adopt the resolution accepting the $250,000 SLCGP grant award for Water Systems Cybersecurity Upgrades and authorize the City Manager to serve as the City’s Authorized Agent for purposes of executing the grant agreement and related documents necessary to receive and administer the grant funds.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action. A separate staff report will be presented to the City Council at a later date to recognize and appropriate grant funds.
EXHIBIT(S)
1. Resolution: California Governor’s Office of Emergency Services Grant Funding Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
City Council 20 – 2 9/15/2026
Resolution No. 2026-XX
RESOLUTION NO. 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE GRANT OF FUNDS FROM
THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES
(Cal OES) TO ACCEPT AN AWARD FOR THE FISCAL
YEAR 2024 STATE AND LOCAL CYBERSECURITY GRANT
– LOCAL AND TRIBAL (SL) PROGRAM
WHEREAS, the California Governor's Office of Emergency Services (Cal OES) oversees the administration of federal homeland security and preparedness grant funding in California, serving as the State Administrative Agency for grant programs funded through the U.S. Department of Homeland Security; and
WHEREAS, in January 2026, Cal OES issued a Notice of Funding Opportunity for the Federal Fiscal Year 2024 State and Local Cybersecurity Grant Program (SLCGP).
The SLCGP provides up to $250,000 in funds to assist state and local government agencies in addressing cybersecurity risks and threats to information systems and improve security of critical infrastructure and resilience of the services these entities provide to their communities; and
WHEREAS, in March 2026, the Public Works Agency submitted a Notice of Interest to Cal OES to request $250,000 in funding for proposed security upgrades to the water system network and per the terms of the grant program, the City is required to contribute a minimum of 30% matching funds, which would equal $107,143; and WHEREAS, on August 4 2026, the City received notification of the successful grant subaward; and
WHEREAS, as a condition of the grant, the City is required to adopt a resolution formally accepting the Cal OES grant award and appoint an Authorized Agent to act on behalf of the City by executing any actions necessary to execute the Grant Subaward agreement.
NOW, THEREFORE, be it resolved that the grantee hereby:
Section 1. The award of grant funding from Cal OES for the SLCGP is hereby approved in an amount not to exceed $250,000.
Section 2. Grantee is hereby authorized to execute for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California for the Federal Fiscal Year 2024 State and Local Cybersecurity Grant Program (SLCGP).
Section 3. Grantee agrees to be bound by all terms and conditions of the grant City Council 20 – 3 9/15/2026
Resolution No. 2026-XX
subaward agreement and any other agreement or instrument as may be required by Cal OES and as may be necessary to fulfill the terms of the grant subaward agreement and to complete the Project.
Section 4. Grantee authorizes the City Manager, or designee, to act as a representative of the Grantee, to negotiate and execute on behalf of the Grantee all agreements and instruments necessary to complete the Project, and to comply with the Cal OES’s grant requirements, including, without limitation, the grant subaward agreement.
Section 5. 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 15th day of September 2026.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Kyle Nellesen
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 20 – 4 9/15/2026
Resolution No. 2026-XX
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 September 15, 2026.
Date: ___________________ ____________________________
City Clerk
City of Santa Ana
City Council 20 – 5 9/15/2026
Planning and Building Agency
www.santa-ana.gov/pba
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
AGENDA TITLE
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
RECOMMENDED ACTIONS
1. Adopt a resolution approving Density Bonus Agreement No. 2026-01; and RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026- 01 TO ALLOW DEVELOPMENT OF A 274-UNIT MIXED-USE RESIDENTIAL
DEVELOPMENT, INCLUDING FOURTEEN UNITS PROPOSED AS AFFORDABLE TO EXTREMELY LOW-INCOME HOUSEHOLDS, AND APPROXIMATELY 20,714
SQUARE FEET OF GROUND-FLOOR COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 2101 EAST FOURTH STREET (APN: 400-041-03)
2. Authorize the City Manager to execute a Density Bonus Agreement with Think Together, a California nonprofit corporation, for a 55-year covenant term, for a mixed-use residential development consisting of 274 residential units, including fourteen (14) units designated as affordable to extremely low-income households, and approximately 20,714 square feet of ground-floor commercial space at 2101 East Fourth Street (Agreement No. A-2026-XXX); and
3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further environmental review under CEQA Guidelines Section 15168 (Program EIR).
GOVERNMENT CODE §84308 APPLIES: Yes
BACKGROUND
Randy Barth with Think Together, a California nonprofit corporation (“Applicant” and “Property Owner”), represented by Christine Saunders (application-listed contact person), is requesting City Council approval of Density Bonus Agreement (DBA) No. 2026-01 pursuant to Article XVI.I (Density Bonus) of the Santa Ana Municipal Code (SAMC) and City Council 21 – 1 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
Government Code Section 65915 to facilitate redevelopment of an existing office campus at 2101 East Fourth Street within the Metro East Mixed-Use Overlay Zone (MEMU).
The Project consists of demolition of two existing office buildings and construction of a seven-story mixed-use development containing 274 residential units, including 14 units affordable to extremely low-income households, and approximately 20,714 square feet of ground-floor commercial space.
The Project qualifies for benefits under State Density Bonus Law by reserving 14 units, or five percent (5%) of the Project’s base density, for extremely low-income households. As part of the Density Bonus Agreement, the Applicant is requesting one incentive/concession and two waivers or reductions of development standards. Specifically, the Applicant is requesting: (1) an incentive/concession to allow a maximum setback of 14.25 feet along Parkcenter Drive, where the MEMU permits a maximum setback of 10 feet; (2) a waiver to provide approximately 10,666 square feet (eight percent (8%) of the gross site area) of publicly accessible open space, where 12,977 square feet (10 percent/10%) is otherwise required; and (3) a waiver to allow a seven-story building throughout the site, where the MEMU permits up to 10 stories within 150 feet of the street and six stories thereafter. These Density Bonus Law benefits were approved by the Planning Commission on May 28, 2026.
In accordance with the regulations promulgated by Government Code Section 65915, the City’s discretion and ability to deny a Density Bonus Agreement are severely limited if the project satisfies the objective standards set out by the State. The Planning Commission has evaluated the requested Density Bonus Agreement and has determined that the project meets all applicable requirements set out by State regulations.
Planning Commission and City Council Actions
On May 28, 2026, following a duly noticed public hearing, the Planning Commission voted 5:0:2 (Commissioners Oliva and Benninger absent) to approve Site Plan Review (SPR) No. 2026-01 and one incentive/concession and two waivers or reductions of development standards pursuant to State Density Bonus Law, to be memorialized in DBA No. 2026-01.
The requested deviations address the maximum setback along Parkcenter Drive, the amount of publicly accessible open space, and building height. The Planning Commission also determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15168.
On June 3, 2026, Supporters Alliance for Environmental Responsibility filed Appeal Application No. 2026-01 challenging the Planning Commission’s approval and CEQA determination. On August 4, 2026, following a duly noticed public hearing, the City Council voted 5:0:1:1 (Councilmember Lopez absent and Councilmember Phan recused) to deny the appeal, thereby upholding the Planning Commission’s approval of SPR No. 2026-01, the requested density bonus incentive/concession and waivers, and the determination that no additional environmental review is required.
City Council 21 – 2 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
Therefore, approval of DBA No. 2026-01 is the remaining City Council action necessary to memorialize the Project’s affordable housing obligations and the density bonus deviations previously approved and upheld by the City Council.
DENSITY BONUS REQUEST AND ANALYSIS
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 2101 East Fourth Street – Ward 3 Nearest Intersection East Fourth Street and Parkcenter Drive General Plan Designation District Center – Medium High (DC – 3) Zoning Designation Professional (P); Village Center District (VCD) within the Metro East Mixed Use Overly Zone (MEMU)
North Office
East Office
South Office Surrounding Land Uses
West Medical Office and Trade School
Property Size 129,767 square feet (2.98 acres)
Existing Site Development Two 14,400-square-foot office buildings Use Permissions Mixed-Use (ground floor commercial and residential) Zoning Code Sections Affected
Uses Article XVI.I (Density Bonus) and Village Center
District within the Metro East Mixed Use Overlay
Zone (MEMU).
Project Description
The proposed Project involves redevelopment of an existing office site with construction of a new seven-story mixed-use residential building. The existing two office buildings and associated surface parking would be demolished to accommodate the Project. The development would include a total of 274 residential dwelling units, consisting of a mix of unit types to accommodate a range of household sizes.
Table 2: Residential Unit Summary
Unit Floor Type Number of Bedrooms Size in Square Feet Number of Units A2 1 699 63
A3 1 713 42
B1 2 1,039 130
B2 2 1,033 28
C1 3 1,384 11
Total 274
Table 3: Affordable Residential Unit Summary
Unit Floor Type Number of Bedrooms Size in Square Feet Number of Units A2 1 699 3
A3 1 713 2
B1 2 1,039 7
B2 2 1,033 1
C1 3 1,384 1
Total 14
City Council 21 – 3 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
As shown in Table 3 above, 14 units (five percent/5%) will be reserved for extremely lowincome households in accordance with State Density Bonus Law and integrated throughout the development. The Project also includes approximately 20,714 square feet of groundfloor commercial space intended to activate the street frontage and support neighborhoodserving retail, dining, or service uses, consistent with the mixed-use character envisioned in the MEMU.
The site plan provides defined pedestrian pathways, building entrances, and publicly accessible open space to support pedestrian activity and separate pedestrian and vehicular circulation. Vehicular access to the parking structure is provided from Parkcenter Drive. The contemporary architectural design incorporates varied massing, articulated façades, balconies, recessed building planes, transparent ground-floor storefronts, and a coordinated palette of stucco, metal, glass, and other durable materials to reduce the perceived scale of the building and create an active, pedestrian-oriented streetscape.
The Project also includes frontage and off-site improvements along Fourth Street and Parkcenter Drive, including sidewalks, curbs, gutters, parkway landscaping, and other improvements required by the Public Works Agency. Enhanced sidewalks, landscaping, and hardscape treatments would improve pedestrian connectivity and complement the ground-floor commercial frontage. Existing public improvements would be protected where feasible, with damaged or noncompliant improvements reconstructed in accordance with City standards.
Approximately 38,619 square feet of private and common open space would be provided through courtyards, rooftop terraces, landscaped gathering areas, and other resident amenities. An additional approximately 10,666 square feet of publicly accessible open space would be provided primarily along Parkcenter Drive, including a publicly accessible dog park with controlled access, landscaping, hardscape, and pedestrian amenities. Collectively, the site planning, architecture, parking, open space, and public improvements support the pedestrian-oriented mixed-use environment envisioned by the MEMU Overlay Zone.
Density Bonus
The California Density Bonus Law establishes mandatory benefits for qualifying housing developments that provide specified levels of affordable housing. When a housing development satisfies the applicable affordability requirements, the City is required to grant the density bonus and other benefits provided by State law, including applicable parking ratios and, when requested and supported by the statutory requirements, incentives or concessions and waivers or reductions of development standards. Accordingly, the Density Bonus Law does not provide a local jurisdiction with general discretion to deny these benefits based on policy preferences or because a project does not comply with development standards that are subject to an authorized incentive, concession, or waiver.
The City’s authority to deny a requested incentive or concession is expressly limited by Government Code Section 65915(d)(1). The City must grant a qualifying incentive or City Council 21 – 4 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
concession unless it makes a written finding, based upon substantial evidence, that: (1) the incentive or concession does not result in identifiable and actual cost reductions consistent with State Density Bonus Law; (2) the incentive or concession would have a specific adverse impact upon public health and safety or on property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid that impact without rendering the development unaffordable to low- and moderate-income households; or (3) the incentive or concession would be contrary to State or federal law.
The City bears the burden of proof to support denial of a requested incentive or concession.
Similarly, Government Code Section 65915(e) prohibits the City from applying a development standard that would physically preclude construction of a qualifying development at the densities or with the incentives or concessions permitted under State Density Bonus Law. A requested waiver or reduction may be denied only under the limited circumstances specified by State law, including where the waiver would result in a specific adverse impact upon health or safety for which there is no feasible method to satisfactorily mitigate or avoid the impact, would adversely affect property listed in the California Register of Historical Resources, or would be contrary to State or federal law.
State law also limits the information a local jurisdiction may require from an applicant in connection with a density bonus request. Government Code Section 65915(a)(2) provides that a local government shall not condition the submission, review, or approval of a density bonus application on preparation of an additional report or study that is not otherwise required by State law. The City may require reasonable documentation necessary to establish the Project’s eligibility for the requested density bonus and applicable parking ratios. In addition, reasonable documentation may be required to establish eligibility for an incentive or concession or to demonstrate that the requested incentive or concession satisfies the statutory definition. However, the City may not shift its statutory burden to the Applicant by requiring additional studies or analyses merely to establish that the City should approve a benefit that State law otherwise requires it to grant.
Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 90 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 4 below, the base density for the
2.98-acre site at 90 du/ac is 269 units. Of the total units in the development, 14 units are proposed to be affordable. Therefore, the Project would have a five-percent (5%) affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of 20 percent (20%).
City Council 21 – 5 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
Table 4: Density Bonus Calculation
Affordable Unit – 5% (14 units – Extremely
Low Income)
Density Bonus Calculation Units Allowed
Base Density – District Center – Medium High
(DC – 3) 2.98 acres x 90 du/ac 269 Units
20-Percent State Density Bonus (269 units x 0.2) +54 units Total Units
323 units allowed
with density bonus;
274 proposed
*All density bonus calculations resulting in fractions are rounded up to the next whole number. **Affordable unit percentage is calculated excluding units added by a density bonus.
Due to the Project’s five-percent (5%) affordability rate, the developer can seek one density bonus incentive/concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing.
The City has analyzed the Project and has identified several areas of potential impacts.
However, the conditions of approval proposed for the Project are intended to address the Project’s potential impacts. Under the Density Bonus Law, the developer sought one concession and two waivers from the MEMU and SAMC standards to facilitate project development. Table 5 outlines the concession and waivers requested by the Applicant and approved by the Planning Commission on May 28, 2026.
Table 5: Requested Concession (1) and Waivers (2)
Standard Required by MEMU Provided
Setbacks
(Concession)
Adjacent to Public ROW or Street: 10
feet (max.)
MEMU Section 4.7
Adjacent to Park Center Drive: 14.25
feet provided.
Publicly Accessible
Open Space
(Waiver)
Ten-percent (10%) of the gross site
area (12,977 square feet)
MEMU Section 4.5
10,666 square feet provided
(8-percent/8%).
Building Height
(Waiver)
Up to 10 stories for a depth of 150
feet from the street and 6 stories
thereafter
MEMU Section 4.2.2. Village Center
District
7 stories throughout the site
provided.
As applied to this Project, the requested setback concession and waivers from the publicly accessible open space and building height standards were reviewed under these statutory standards. The Planning Commission approved the requests on May 28, 2026, and the City Council subsequently upheld that approval when it denied the appeal on August 4, 2026.
The City has not identified substantial evidence supporting any of the findings authorized by Government Code Section 65915 to deny the requested concession or waivers.
Accordingly, State Density Bonus Law requires the City to recognize the approved City Council 21 – 6 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
deviations from the otherwise applicable MEMU development standards. DBA No. 2026-01 memorializes those Density Bonus Law benefits together with the Project's corresponding affordable housing obligations.
Onsite Parking
The Project proposes to utilize the State’s parking ratios for qualifying affordable housing projects pursuant to Government Code Section 65915(p). Based on the Project’s unit mix, the applicable State Density Bonus Law parking ratios require one parking space for each one-bedroom unit and 1.5 parking spaces for each two- and three-bedroom unit. The use of these parking ratios is permitted by State Density Bonus Law and does not constitute an incentive/concession or waiver.
The Project will provide a total of 439 structured parking spaces for residents, guests, and commercial patrons, exceeding the minimum State Density Bonus Law requirement of 359 spaces by 80 spaces. The 359-space requirement is based on the Project’s 274 residential units, consisting of 105 one-bedroom units, 158 two-bedroom units, and 11 three-bedroom units.
Under the otherwise applicable MEMU parking standard, mixed-use developments with less than 10 percent (10%) of the gross floor area devoted to commercial activity are required to provide a minimum of 2.0 parking spaces per residential unit, inclusive of guest parking and parking for nonresidential uses. Based on 274 residential units, the MEMU standard would require 548 parking spaces. However, because the Project qualifies for the parking ratios established under State Density Bonus Law, the State standard applies to the Project. Table 6 below provides a comparison on the required parking.
Table 6: Required Parking Comparison
Standard Parking Ratio Parking Calculation Spaces Required State Density Bonus Ratios
Residential
One-Bedroom 1.0 space 1 × 105 units 105
Two-Bedroom 1.5 space 1.5 × 158 units 237
Three-Bedroom 1.5 space 1.5 × 11 units 16.5
Total Required 359*
Total Provided 439
Parking Above Requirement 80
Standard Parking Ratio Parking Calculation Spaces Required MEMU Mixed-Use Standard
Residential Units,
Guest Parking, and
Nonresidential Uses
2.0 spaces per
residential unit 2.0 × 274 units 548
Total Required 548
Total Provided 439
Difference from MEMU Standard 109 fewer spaces
*Parking calculation results in 358.5 spaces, rounded to 359 spaces.
City Council 21 – 7 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
The parking structure is designed to separate residential parking from designated guest and commercial parking areas. Residential parking levels would be secured through a controlled-access gate requiring a key fob, remote, or access code for entry, while designated guest and commercial parking areas would remain accessible to visitors and commercial patrons.
To proactively address potential neighborhood parking impacts, the conditions of approval require parking management practices to be incorporated into the final recorded CC&Rs and maintained throughout the life of the Project, including:
• Requiring onsite parking permits, such as stickers or hang-tags, for vehicles using guest parking spaces;
• Establishing maximum time limits for vehicles parked in guest parking spaces; • Establishing towing provisions for unauthorized vehicles, vehicles parked in unauthorized locations such as fire lanes, vehicles parked in guest spaces without the required parking permit or other identifier, and vehicles exceeding established guest parking time limits; and
• Conducting routine parking structure inspections to ensure parking spaces remain available for vehicle parking.
Collectively, the provision of parking above the minimum State Density Bonus Law requirement, controlled access to residential parking, and required parking management measures are intended to accommodate the Project’s parking demand while minimizing potential spillover parking impacts to surrounding properties.
Affordable Housing Opportunity and Creation Ordinance
The Project meets the affordable housing goal for the rental category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing 14 onsite units designated for households earning 30 percent (30%) of the AMI (extremely low-income), which is currently set at $50,750 for a four-person household, significantly enhancing the opportunity for income eligible Santa Ana households to rent a home in the City at a lower cost. The units will be dispersed throughout the community. These affordable units will consist of five one-bedroom, eight two-bedroom, and one three-bedroom units, ranging from 699 to 1,384 in size and will be indistinguishable from the market-rate units. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.
Public Notification and Community Outreach
As the City Council’s approval of this agreement does not constitute a public hearing, no public notification or community outreach is required under applicable state law or local ordinances prior to Council action. However, staff notes that project notifications were posted, published, and mailed in accordance with City and State regulations for the required Planning Commission public hearing. In addition, staff contacted the provided contacts for City Council 21 – 8 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
the Saddleback View, Maybury Park, Lyon Street, and Zoo District neighborhoods to ensure they were aware of the Project and Planning Commission public hearing.
In addition to the required public noticing, the Applicant also held two community meetings in compliance with the City’s Sunshine Ordinance (Ordinance No. NS-3040). The first meeting was held on October 15, 2024. Approximately 20 members of the community were in attendance and posed questions related to the unit count, unit type, parking availability, finishes on the interior, pricing, affordable units, and when the units would be available for sale. No issues of concern were raised regarding the proposed development.
The second meeting was held on September 4, 2024. Five members of the community were in attendance and posed questions related to the affordable housing units and when they would become available, but raised no issues related to the development. Materials from both meetings are posted to the Project’s City webpage at: https://santa-ana.gov/thinktogether-residential-development/.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required.
A CEQA Section 15168 Consistency Memorandum was prepared by the Applicant with support from Ganddini Group Inc., the Applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed Project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was peer reviewed by City staff. Upon review, it was determined that the Project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review.
Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the Project. Based on this analysis, the Project qualifies for an exemption under CEQA, and no further environmental documentation is necessary. Therefore, a Notice of Exemption, Environmental Review No. 2025-01, will be filed for the Project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council 21 – 9 9/15/2026
Density Bonus Agreement No. 2026-01 – Think Together Mixed-Use Development (2101 East Fourth Street)
September 15, 2026
EXHIBITS
1. Resolution – Density Bonus Agreement
2. Draft Density Bonus Agreement
3. May 28, 2026 – Planning Commission Staff Report and Exhibits
4. August 4, 2026 – City Council Staff Report and Exhibits Submitted By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency, and
Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager
City Council 21 – 10 9/15/2026
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2026-01 TO ALLOW DEVELOPMENT OF A 274-UNIT
MIXED-USE RESIDENTIAL DEVELOPMENT, INCLUDING
FOURTEEN UNITS PROPOSED AS AFFORDABLE TO
EXTREMELY LOW-INCOME HOUSEHOLDS, AND
APPROXIMATELY 20,714 SQUARE FEET OF GROUNDFLOOR COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 2101 EAST FOURTH STREET (APN: 400-
041-03)
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. Randy Barth with Think Together, a California nonprofit corporation (“Applicant” and “Property Owner”), represented by Christine Saunders (application-listed contact person), is requesting approval of Density Bonus Agreement Application No. 2026-01 to facilitate the development of a seven-story mixed-use residential development consisting of 274 residential dwelling units, including 14 units proposed as affordable to extremely low-income households, and approximately 20,714 square feet of ground-floor commercial space for the property located at 2101 East Fourth Street (“Project”).
B. The California Density Bonus Law generally allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law also generally allows developers to seek incentives/concessions or waivers of, or reductions in, development standards.
C. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a deviation (incentives/concessions and/or waivers or reductions) to be approved by the Planning Commission.
D. On May 28, 2026, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and, at that time, considered all testimony, written and oral, and approved Site Plan Review No. 2026-01 and, pursuant to State Density Bonus Law, one (1) incentive/concession and two (2) waivers or reductions of development standards, to be memorialized in Density Bonus Agreement No. 2026-01. The incentive/concession and City Council 21 – 11 9/15/2026
waivers relate to the maximum building setback along Parkcenter Drive, publicly accessible open space, and building height.
E. On June 3, 2026, Supporters Alliance for Environmental Responsibility timely filed Appeal Application No. 2026-01, challenging the Planning Commission’s approval of Site Plan Review No. 2026-01, the density bonus incentive/concession and waivers, and the Planning Commission’s determination that the Project is exempt from further environmental review pursuant to Section 15168 of the California Environmental Quality Act (“CEQA”) Guidelines.
F. On August 4, 2026, the City Council held a duly noticed public hearing on Appeal Application No. 2026-01 and, following consideration of the administrative record and all written and oral testimony, denied the appeal, thereby upholding the Planning Commission’s approval of Site Plan Review No. 2026-01, the one (1) incentive/concession and two (2) waivers or reductions of development standards, and the Planning Commission’s environmental determination.
G. The Project provides 439 structured parking spaces for residents, guests, and commercial patrons, exceeding the minimum 359 parking spaces required pursuant to State Density Bonus Law. The Project also includes ongoing parking management measures to be incorporated into the recorded Covenants, Conditions, and Restrictions (“CC&Rs”), including guest parking permit requirements, parking time limitations, towing enforcement provisions, and routine inspections to ensure parking spaces remain available for vehicle parking.
H. The Project provides 14 on-site units designated for extremely low-income households earning 30 percent of area median income. The affordable units will be dispersed throughout the development and will be indistinguishable from the market-rate units. The Project thereby satisfies the rental affordable housing requirements of the City’s Affordable Housing Opportunity and Creation Ordinance.
I. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2026-01 is within the purview of the City Council.
J. On September 15, 2026, the City Council of the City of Santa Ana held a regular meeting and considered approval of Density Bonus Agreement No. 2026-01.
K. The City Council hereby approves Density Bonus Agreement No. 2026-01.
The Agreement allows for construction of the proposed Project in accordance with State Density Bonus Law and the SAMC and memorializes the Project’s affordable housing obligations, the one (1) incentive/concession and two (2) waivers or reductions of development City Council 21 – 12 9/15/2026
standards previously approved by the Planning Commission and upheld by the City Council, and other terms necessary to implement the Project in accordance with Site Plan Review No. 2026-01, as conditioned.
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15168 (Program EIR). The Project is within the scope of the certified 2007 Metro East Mixed-Use Overlay Zone (“MEMU”) Program Environmental Impact Report (“EIR”) and the certified 2018 MEMU Subsequent EIR. A CEQA Guidelines Section 15168 Consistency Memorandum was prepared for the Project to determine whether the Project would result in new or more severe environmental effects beyond those previously identified or whether substantial changes in the Project, surrounding circumstances, or available information would require additional environmental review.
The Consistency Memorandum was peer reviewed by City staff, which determined that the Project would not result in new or more severe environmental effects beyond those previously identified and that no substantial changes in environmental circumstances require further environmental review. All applicable mitigation measures from the MEMU Program EIR and Subsequent EIR shall be incorporated into the Project.
On May 28, 2026, the Planning Commission determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15168. On August 4, 2026, the City Council denied Appeal Application No. 2026-01 and upheld the Planning Commission’s environmental determination. Accordingly, no additional environmental review is required in connection with the City Council’s approval of Density Bonus Agreement No. 2026-01. Environmental Review No. 2025-01 applies to the Project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
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Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2026-01 and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney. This approval is based on the written materials submitted, including: the Request for Planning Commission Action dated May 28, 2026; the Request for City Council Action dated August 4, 2026, concerning Appeal Application No. 2026-01; and the Request for City Council Action dated September 15, 2026, and their respective exhibits.
Section 5. 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:________________________
Melissa M. Crosthwaite
Senior 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-XX 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
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1 2101 E. 4th Street Density Bonus Agreement
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: Clerk of the Council
Free Recording pursuant to
Government Code 27383
DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
2101 E. 4th Street, Santa Ana, California (APN: 400-041-03) This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (“Agreement”), is made and entered into this day of , 2026, for reference purposes only, by and between the City of Santa Ana, California, a charter city and municipal corporation of the State of California (“City”), and Think Together, a California nonprofit corporation (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.”
RECITALS
A. Developer is the owner of that certain property located at and commonly known as 2101 E. 4th Street, Santa Ana, California, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”).
B. Developer is proposing to develop a housing development project with a total of two hundred seventy four (274) residential apartment units, with related improvements and amenities, including mixed use commercial, as more particularly set forth in Density Bonus Application No. DBA-2026-01 (“Project”).
The Project will include fourteen (14) units restricted for occupancy by Extremely Low Income Households for an Affordable Rent, on terms and conditions further set forth herein.
C. Santa Ana Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who restrict a portion of their residential development to low income, very-low income, seniors or other qualified households, as specified. These regulations are intended to materially assist the housing industry in providing Exhibit 2 - Draft Density Bonus Agreement
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2 2101 E. 4th Street Density Bonus Agreement
adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very-low income, low income, seniors and other qualified households throughout the City.
D. The allowable base density for the Property under the City's Municipal Code is ninety (90) dwelling units per acre. The Project site is 2.89 acres, resulting in a maximum allowable density for the Project of two hundred sixty one (261) units.
The Project proposes restricting fourteen (14) units for Extremely Low Income Households, which results in a density bonus up to twenty percent (20%) of the base density.
E. The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing.
F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915(d)(1)(2)(C), the City has determined that the Project is eligible for a density bonus, one (1) incentive or concession, and waivers as prescribed by the State Density Bonus Law.
G. By providing affordable housing for Extremely Low Income Households in accordance with this Agreement, the Project will also comply with the City's Affordable Housing Opportunity and Creation Ordinance, as set forth in Article XVIII.1 of the Santa Ana Municipal Code.
H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein.
NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:
1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h).
1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed the amount of Affordable Rent authorized by California Health and Safety Code Section 50053 and pursuant to implementing regulations City Council 21 – 16 9/15/2026
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published by the California Department of Housing and Community Development, as determined from the Median Income for Orange County, as defined below in Section 1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi-Family Housing Utility Allowance Schedule, and shall be updated no less than annually.
1.1.3 “Affordable Rent Schedule” means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Eligible Households. The Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit (“Initial Rent Schedule”) and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area (“PMSA”) as published by the California Department of Housing and Community Development (“HCD”), adjusted for family size, and shall be updated no less than annually.
1.1.4 "Affordable Units(s)" means the fourteen (14) unit(s), which shall comply with the Affordable Unit Mix set forth in Section 2.6.2. Any change to the number, bedroom size, or distribution of Affordable Units is subject to City Manager approval.
1.1.5 "Agreement" means this Density Bonus Housing Agreement.
1.1.6 "City" means the City of Santa Ana, California
1.1.7 "City Council" means the City Council of the City of Santa Ana.
1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana.
1.1.9 "City Manager" means the City Manager for the City of Santa Ana.
1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana.
1.1.11 “Density Bonus Application” shall mean the Density Bonus Application No. DBA-2026-01 for the Project.
1.1.12 "Developer" means and its permitted successors and assigns to all or any part of the Property, Project or this Agreement.
1.1.13 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to section 4.1 herein.
1.1.14 "Eligible Household" means a Household whose income does not exceed the qualifying limits for an Extremely Low Income Household, as defined below.
1.1.15 "Extremely Low Income Household(s)" means a Household whose income does not exceed the limits for "extremely low income households" as defined in California City Council 21 – 17 9/15/2026
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4 2101 E. 4th Street Density Bonus Agreement
Health and Safety Code section 50106. An Extremely Low Income Household is within the meaning of a "very low income household" under State Density Bonus Law.
1.1.16 "Household" means all persons residing in a Unit.
1.1.17 "Median Income" means the Orange County, California area median income, adjusted for family size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD.
1.1.18 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge.
1.1.19 "Official Records" means the Official Records for the County of Orange, where the Property is located.
1.1.20 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement.
1.1.21 "Project Approvals" means the entitlements for the Project approved by the City's Planning Commission or about May 11, 2026, and any subsequent approvals of the Project by the City Council.
1.1.22 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon.
1.1.23 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date.
1.1.24 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below.
1.1.25 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement.
1.1.26 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
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1.2.1 Exhibit A – Legal Description of the Property
1.2.2 Exhibit B – Tenant Verification
1.2.3 Exhibit C – Annual Tenant Recertification
1.2.4 Exhibit D – Annual Rental Housing Compliance Report
1.2.5 Exhibit E – Notice of Affordability Restrictions on Transfer of Property
2. DEVELOPMENT OF THE PROPERTY
2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as two hundred seventy four (274) unit rental residential community, with fourteen (14) Affordable Units for Eligible Households.
2.2 Density Bonus. The Project shall be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that the number of Units allowed herein represents a density bonus of thirteen (13) Units. Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional residential units on the Property under this Agreement.
2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application:
2.3.1 Concession/Incentive. In accordance with Government Code Section 65915(d), Developer is entitled to one (1) concession or incentive, as follows:
(a) The Project is within the City's Metro East Mixed Use Overlay Zone (hereafter, the "MEMU"). Section 4.7 of the MEMU establishes a ten (10) foot maximum setback adjacent to the public right of way or a street. This requirement of the MEMU is increased as follows: the maximum setback adjacent to Park Center Drive shall be 14.25 feet.
2.3.2 Waivers. Provided that the Project complies with all other requirements of this Agreement and the Project Approvals, the City agrees to the following waivers:
(a) Section 4.5 of the MEMU requires ten percent (10%) of the gross area of the Project site (125,952 square feet) to provide publicly accessible open space. This requirement of the MEMU is reduced as follows: The Project shall provide 10,666 square feet of publicly accessible open space.
(b) Section 4 of the MEMU provides that developments located within the Village Center Core may develop up to 10 stories for a depth of 150 feet from the street and 6 stories thereafter (the “MEMU Height Limitation”). The requirement of the MEMU is modified to 7 stories for the entire depth of the building.
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6 2101 E. 4th Street Density Bonus Agreement
2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p) as follows: The Project shall provide four hundred thirty nine (439) parking spaces available on the Property to residents of the Project.
2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that no further concessions, incentives, waivers or parking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City’s obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project.
2.6 Unit Mix.
2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than two hundred sixty (260) Unrestricted Units, inclusive of one (1) manager's unit, as set forth in sub-paragraph 2.6.3, below, and pursuant to the terms and conditions of this Agreement.
Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval.
2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than fourteen (14) Affordable Units, for Eligible Households, as set forth in sub-paragraph
2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5).
2.6.3 Affordable Unit Mix.
UNIT MIX
Income Level Extremely Low Income Households
# of Units 5 8 1
# Bedrooms 1 2 3
# of Units as
a % of Total 1.8% 2.9% .3%
Sq Ft 3,523 8,306 1,384
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7 2101 E. 4th Street Density Bonus Agreement
2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project.
2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.
2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project.
2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer.
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3. AFFORDABILITY
3.1 Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by Eligible Households for a term of not less than fifty-five (55) years ("Affordability Term"). The Affordability Term shall commence on the date when an Affordable Unit receives all required occupancy permits from the City and expire on the date that is fifty-five (55) years after the date when the Affordable Unit is first made available for occupancy to Eligible Households pursuant to this Agreement. The Affordability Term shall be determined for each individual Affordable Unit.
3.2 Memorializing Commencement of Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control.
3.3 Levels of Affordability.
3.3.1 Affordable Rent. Developer covenants that all Affordable Units in the Project shall at all times during the Affordability Term be rented to, or held vacant and available for immediate occupancy by, an Eligible Household at an Affordable Rent.
3.3.2 Affordable Rent for Eligible Households. The Affordable Rent for Eligible Households shall not exceed the limits set forth in California Health and Safety Code Section 50053 and implementing regulations, which provide that the Affordable Rent shall not exceed thirty percent (30%) times thirty percent (30%) of the Median Income, as adjusted for family size appropriate to the unit. Affordable Rent shall comply with implementing regulations by HCD.
3.3.3 Affordable Rent Schedule. Prior to issuance of a Certificate of Occupancy for the Project, and on each anniversary of the issuance of the initial Certificate of Occupancy for the Project, Developer shall provide to the City the Affordable Rent Schedule, which City shall have not less than thirty (30) days to review and approve or disapprove, which approval shall not be unreasonably withheld.
4. OPERATION OF THE PROJECT BY DEVELOPER
4.1 Payment of Density Bonus Setup Fee. Developer shall pay a Density Bonus Setup Fee in the amount of $50,552.37 on or before building permit issuance. The City shall have no obligation to issue a building permit for the Project unless and until the Density Bonus Setup Fee is paid in full.
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4.2 Recording of Documents; Priority.
4.2.1 The terms and conditions of this Agreement are a condition for issuance of a building permit, and this Agreement is recorded to ensure that the Developer and subsequent successors in interest have notice of and comply with the requirements herein. Prior to issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and Project for the Term of this Agreement. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement.
4.2.2 The Agreement shall be recorded against the Property and have priority over those matters of public record, except as approved in writing by the City. For purposes of this paragraph, Developer shall provide the City with a preliminary title report for the Property dated not less than thirty (30) days, and updated as the City may reasonably request, prior to building permit issuance. Developer agrees and warrants that it will exercise reasonable efforts to obtain the consent or approval to a subordination agreement with any senior lienholders and that failure to obtain such consent or approval may constitute a default of this Agreement.
4.2.3 Notwithstanding the foregoing, the Developer may request the City approve subordination of certain provisions of this Agreement for a mortgage, deed of trust, or other form of secured financing to be obtained by Developer and necessary to finance all or any portion of the Project (each, a “Mortgage”), for the benefit of a beneficiary of the Mortgage (each, a “Mortgagee”). The Mortgage shall have priority over this Agreement only as set forth in a subordination agreement that complies with the requirements of this Section 4.2.3 and the conditions set forth herein (a "Permitted Subordination Agreement"). (a) A Permitted Subordination Agreement shall only be allowed if: (i) the Mortgagee requires a subordination agreement to provide the financing, (ii) the Mortgage is secured prior to issuance of a certificate of occupancy or, for conversion of a construction loan to permanent financing, the Mortgage is secured within one (1) year from issuance of a certificate of occupancy, provided the City Manager can approve an extension of time for conversion to permanent financing of one (1) additional year; (iii) Developer or the Mortgagee obtains the written approval of the City Manager (or the City Manager's designee), which shall not be unreasonably withheld, delayed or conditioned, prior to executing the Mortgage, and (iv) Developer, the Mortgagee, and City execute in recordable form a written subordination agreement (or other necessary document) that only subordinates those provisions in this Agreement that are not required to remain senior pursuant to this Section and acknowledges the Affordability Covenants, defined below, shall remain in senior priority. (b) Notwithstanding any provision to the contrary, no Permitted Subordination Agreement shall subordinate, impair, or otherwise affect any covenant, restriction, City Council 21 – 23 9/15/2026
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or obligation relating to the following (collectively, the "Affordability Covenants"): (i) the affordability, occupancy, resale, or rent restrictions applicable to the Affordable Units or the Project and the Affordable Units; (ii) the City’s rights to enforce such restrictions, including all remedies; or (iii) any provision required to be included in this Agreement pursuant to applicable local, state, or federal law.
(c) A Permitted Subordination Agreement shall explicitly provide that the Affordability Covenants remain senior to any Mortgage, shall run with the land, and shall be binding upon any Mortgagee and any purchaser or successor owner following foreclosure or deedin-lieu of foreclosure. (d) The City Manager (or the City Manager's designee) shall have the authority on behalf of City to execute a Permitted Subordination Agreement in such form as reasonably approved by the City Attorney. The City shall have not less than sixty (60) days to review a proposed Permitted Subordination Agreement, and any agreements or instruments for the Mortgage, and shall provide the Developer with written notice of the approval or disapproval within sixty (60) days of receipt a proposed Permitted Subordination Agreement, or the request shall be deemed approved if the Permitted Subordination Agreement meets the requirements of this Section 4.2.3.
(e) In the event of any conflict between a Permitted Subordination Agreement and this Agreement, this Agreement shall control with respect to the Affordability Covenants.
4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit to Eligible Households for the Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Affordability Term.
4.4 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. If an Eligible Household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Developer shall provide written notification informing the household that: it is over-occupancy; has been placed on a waiting list for up to one-hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable.
4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the Term of this Agreement be used in compliance with the Project Approvals as rental housing, along with commercial space, amenity space, and parking. None of the Affordable Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, City Council 21 – 24 9/15/2026
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fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project.
4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Developer shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants of the Affordable Unit which will be inspected, or (ii) at least 48 hours’ notice to Developer, which shall promptly give notice to Tenants of the Affordable Unit to be inspected.
4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement for the Affordable Unit (“Affordable Unit Lease Agreement”) for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household’s right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement.
4.8 Selection of Tenants.
4.8.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement.
4.8.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in leasing the Affordable Units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority.
4.8.3 All applicants for Affordable Units will be screened and “lotterized.” A waiting list will be created from a lottery generated from the initial pool of rental applications.
The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein.
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4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein.
4.8.5 The Developer may rent or lease an Affordable Unit(s) to a nonprofit organization or an entity affiliated with a nonprofit organization, provided that the nonprofit organization or entity is required as a condition of that lease (a "Master Lease") to sublease the Affordable Unit to an Eligible Household. The Master Lease shall be provided to the City, which shall have thirty (30) days to review and approve, which approval shall not be unreasonably withheld. Prior to the rental or lease of an Affordable Unit under a Master Lease, Developer shall require the lessee thereunder to require each prospective sub-tenant to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the resident(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit under this Agreement. If an Affordable Unit subject to a Master Lease is not rented within thirty (30) days, then the City shall have the right to require termination of the Master Lease or declare a default under this Agreement for failure to fully utilize the Affordable Unit. The Master Lease shall require compliance with this Agreement, and nothing in this paragraph or the Master Lease shall relieve Developer from compliance with the obligations of this Agreement.
4.9 Income Verification and Certification.
Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant’s current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification.
4.9.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914.
4.9.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report (“Annual Compliance Report”) shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City’s review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the City Council 21 – 26 9/15/2026
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commencement of the Affordability Term, which is the date that each building receives all required occupancy permits from the City.
4.9.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously Eligible Household’s gross household income exceeds the allowed Median Income for the Affordable Unit, the Developer will be considered in compliance with this agreement so long as one of the following pertinent actions from the following list is taken:
(a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household.
(b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit, or, at Developer’s election, any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Housing Agreement and has the same number of bedrooms as the vacated unit, shall be rented as an Affordable Unit to an Eligible Household.
(c) Developer may proceed to terminate the tenancy and pursue any and all remedies in accordance with law or contract.
4.10 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City’s obligation to monitor Developer’s compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to three (3) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each such record, including the five-year period following the expiration of the Term of this Agreement.
Developer shall allow the City to conduct annual inspections of the Affordable Unit on the Property after the date of construction completion, with reasonable notice, which shall be at least twenty four (24) hours in advance, unless a shorter time is required in an emergency, to Developer of the Affordable Unit. Developer shall commence to cure or cause the commencement City Council 21 – 27 9/15/2026
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to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) business days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City.
Notwithstanding the foregoing in this Section 4.10, the City shall not charge a monitoring fee to the extent any such fee is not permitted under Government Code Section 65915.3.
4.11 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project, during the Term of this Agreement, the City and the Developer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, to be executed by the City and Developer in a form substantially similar to Exhibit E, which is attached hereto and must be executed by the parties prior to any transfer of the Property.
4.12 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies:
(a) Police Department
(b) Fire Department
(c) Planning and Building Agency
(d) Community Development Agency
4.13 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the “CFH Plan”), which includes the following provisions:
(a) Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras;
(b) Requiring routine unit inspections;
(c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and
(d) Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., welllit, kept clean, etc.).
Developer shall submit and obtain approval from the City’s Planning and Building Agency (“PBA”) that the CFH Plan meets the requirements of this Subsection 4.13 prior to City Council 21 – 28 9/15/2026
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issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager.
4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site.
Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way.
(a) Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; (b) Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and
(c) Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.
Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the “PMP”) including those measures above.
The approved PMP shall be adhered to and be enforced by the Project at all times.
4.15 Marketing and Resident Selection Plan.
4.15.1 Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City’s approval of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project (“Marketing Program”). The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City’s prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units.
4.15.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program.
5. TERM OF THIS AGREEMENT
5.1 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall continue until the expiration of the Affordability Term for all Affordable Units, as set forth in Section 3.1, above.
City Council 21 – 29 9/15/2026
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6. DEFAULT AND TERMINATION; INDEMNIFICATION
6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired.
Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
Notwithstanding the above, should the Developer elect to not proceed with the Project prior to commencement of construction, the Developer shall submit written notice of such termination (“Termination Letter”) to the City, which Developer, for itself, its successors and assigns, states that it waives, forfeits, and relinquishes any and all benefits under this Agreement.
Upon City’s receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 6.4, if any, shall survive termination. Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party, but it shall result in a termination of the Agreement as provided for herein.
6.2 City's Remedies. In the event of a Default, the City shall have all rights and remedies available at law, and may seek any or all of the following remedies:
6.2.1 Any individual who sells or rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to City all monetary amounts so obtained.
6.2.2 City may exercise any rights or institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to:
(a) Actions to revoke, deny or suspend any permits and/or certificate of occupancy; and
(b) Actions for injunctive relief or damages.
6.3 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party.
City Council 21 – 30 9/15/2026
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6.4 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any claims, demands, or causes of action arising from or related to this Agreement, including the approval thereof, except to the extent caused by the active negligence or willful misconduct of Indemnitees.
7. ASSIGNMENT; COVENANTS RUN WITH THE LAND
7.1 Assignment by Developer.
7.1.1 Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 7. If Developer seeks to sell, transfer, or assign the Property or Project, or any rights and obligations in this Agreement, Developer shall provide City with written notice of such proposed sale, transfer, or assignment not less than sixty (60) days prior to the proposed closing date, together with reasonable documentation demonstrating that the proposed transferee or assignee has the qualifications and financial capacity to perform the obligations of the Agreement. City shall have sixty (60) days from receipt of such notice and documentation to review the proposed sale, transfer, assignment, or other action requiring City's approval hereunder. City may object to the proposed transfer only if the proposed transferee or assignee lacks the qualifications or financial capacity to perform the obligations of this Agreement, or if Developer is in default of the obligations under this Agreement. Any objection by City must be delivered to Developer in writing within the sixty (60) day period, specifying with reasonable particularity the basis for such objection. City’s failure to respond to the notice within sixty (60) days shall be deemed approval of the proposed transfer. In connection with any such sale, transfer, or assignment, Developer shall pay City’s reasonable fees as compensation for the City’s review of the request.
7.1.2 Sale of Property. Developer agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of fifty five (55) consecutive years commencing upon the date that the Project is first occupied.
City Council 21 – 31 9/15/2026
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7.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement.
7.1.4 Unpermitted Sale, Transfer, or Assignment. City shall have the right to pursue any right or remedy at law or in equity regarding sales, transfers, or assignments in violation of this Agreement, including an order for rescission or termination of the actions in violation of this Agreement.
7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.
8. MISCELLANEOUS
8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein.
No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
8.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager, or its designee, as detailed herein, and signed on behalf of each party. Subject to and consistent with the Santa Ana Municipal Code and the Project Approvals, the City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. In accordance with the Santa Ana Municipal Code, or as set forth in the Project Approvals, the City Council or, as applicable, the Planning City Council 21 – 32 9/15/2026
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Commission, shall approve an amendment to this Agreement for any change to the Project that would be inconsistent with or in conflict with the Project Approvals, including but not limited to any request to change the number of Affordable Units or the affordability requirements set forth in Sections 3, 4 and 5 of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City’s review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records.
8.3 Notices.
8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient’s reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows:
If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.0. Box 1988
Santa Ana, California 92702
Attention: Housing Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Developer: Think Together, a California nonprofit corporation 2101 East 4th Street, Suite #200B
Santa Ana, CA 92705
With a copy to: Randy Barth, Chief Executive Officer
Think Together, a California nonprofit corporation
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2101 East 4th Street, Suite #200B
Santa Ana, CA 92705
8.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
8.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.
8.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.
8.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
8.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.
8.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers.
8.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
8.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.
8.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
City Council 21 – 34 9/15/2026
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8.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, gender, gender identity, gender expression, marital status, sexual orientation, familial status, source of income, veteran or military status, age, national origin, ancestry, disability or genetic information, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
8.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement.
8.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party.
If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.
8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.
8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.
8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or to the extent allowed by law, in the federal court district covering the City, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
City Council 21 – 35 9/15/2026
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8.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property.
8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.
8.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party.
8.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the duration of the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof.
Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.
Notwithstanding the foregoing, the City Manager may approve a Subordination Agreement based on the limited terms and conditions set forth in Section 4.2.3.
8.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this City Council 21 – 36 9/15/2026
55394.00101\44900944.3
23 2101 E. 4th Street Density Bonus Agreement
Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party.
8.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.
{Signatures on following page}
City Council 21 – 37 9/15/2026
City Council 21 – 38 9/15/2026
55394.00101\44900944.3
Exhibit A to
2101 E. 4th Street Density Bonus Agreement
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 744, FILED IN BOOK 46, PAGE 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 400-041-03
City Council 21 – 39 9/15/2026
55394.00101\44900944.3
Exhibit B to
2101 E. 4th Street Density Bonus Agreement
EXHIBIT B
TENANT VERIFICATION
[SEE FOLLOWING PAGES]
City Council 21 – 40 9/15/2026
55394.00101\44900944.3
Exhibit C to
2101 E. 4th Street Density Bonus Agreement
EXHIBIT C
ANNUAL TENANT RECERTIFICATION
[SEE FOLLOWING PAGES]
City Council 21 – 41 9/15/2026
55394.00101\44900944.3
Exhibit D to
2101 E. 4th Street Density Bonus Agreement
EXHIBIT D
ANNUAL RENTAL HOUSING COMPLIANCE REPORT
[SEE FOLLOWING PAGES]
City Council 21 – 42 9/15/2026
55394.00101\44900944.3
Exhibit E to
2101 E. 4th Street Density Bonus Agreement
EXHIBIT E
FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF
PROPERTY
RECORDING REQUESTED BY, )
AND WHEN RECORDED MAIL TO: )
)
)
City of Santa Ana )
20 Civic Center Plaza, 6th Floor )
Santa Ana, California 92702 )
Attn: Executive Director )
This document is exempt from
payment of a recording fee
pursuant to Government Code
Sections 27383 and 6103.
NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY
This Notice of Affordability Restrictions on Transfer of Property (or “Notice of Affordability Restrictions”) is executed and recorded pursuant to Section 65915 of the California Government Code, and affects that certain real property generally located at [ADDRESS], California (APN XXXXXX) (hereafter, the "Property") as legally described in Exhibit A hereto (“Property”). The City of Santa Ana, a charter city and municipal corporation of the State of California (referred to hereafter as “City”), and ______________ (“Developer/Property Owner”) have entered into that certain Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions, dated as of ______, 2026 (“Density Bonus Housing Agreement”).
1. The Density Bonus Housing Agreement provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Density Bonus Housing Agreement. A copy of the Density Bonus Housing Agreement is on file with City as a public record and is deemed incorporated herein. Reference is made to the Density Bonus Housing Agreement with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Property.
City Council 21 – 43 9/15/2026
55394.00101\44900944.3
Exhibit E to
2101 E. 4th Street Density Bonus Agreement
2. For a period commencing upon the date on which the Affordable Unit receives all required occupancy permits from the City and terminating on the fiftyfifth (55th) anniversary thereof, the Property must comply with the affordability covenants limiting the occupancy and rental of the Affordable Units as set forth in the Density Bonus Housing Agreement; such restrictions are set forth at greater length in the Density Bonus Housing Agreement, which is expected to be recorded substantially concurrently herewith among the Official Records of Orange County, California.
3. Section 4.11 of the Density Bonus Housing Agreement provides as follows:
“Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of an Affordable Unit during the Total Affordability Term, the City and the transferor shall execute and deposit into escrow, or record against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee.”
In the event that Developer/Property Owner desires to Transfer the Property during the Affordability Period, prior to the Transfer the owner shall notify City by delivering a Notice of Intent to Transfer to City, which shall indicate the identity of the proposed Transferee who desires to purchase the Property, and an assignment and assumption of the terms and conditions of the Density Bonus Housing Agreement. The following procedure shall apply:
a. Notice to City. Developer/Property Owner shall send the Notice of Intent to Transfer to City at the address set forth in the Density Bonus Housing Agreement. The Notice of Intent to Transfer shall include the identity of the proposed Transferee and any other information reasonably necessary for the City to evaluate the proposed Transfer.
b. Qualification of Proposed Transferee. The City shall have the right to review the qualifications of the proposed Transferee for the limited purpose of determining whether the proposed Transferee has the financial capacity and operational experience to comply with the affordability and maintenance obligations under the Density Bonus Housing Agreement. City shall complete its review and notify Developer/Property Owner of its determination within 60 days after receipt of all information reasonably requested by City. If City fails to notice City Council 21 – 44 9/15/2026
55394.00101\44900944.3
Exhibit E to
2101 E. 4th Street Density Bonus Agreement
Developer/Property Owner of its determination within such 60- day period, the proposed Transferee shall be deemed qualified.
c. Developer/Property Owner shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with Section 7 of the Density Bonus Housing Agreement. If Developer seeks to sell, transfer, or assign the Property or Project, or any rights and obligations in the Density Bonus Housing Agreement, Developer shall provide City with written notice of such proposed sale, transfer, or assignment not less than 60 days days prior to the proposed closing date, together with reasonable documentation demonstrating that the proposed transferee or assignee has the qualifications and financial capacity to perform the obligations of the Density Bonus Housing Agreement. City shall have 60 days from receipt of such notice and documentation to review the proposed sale, transfer, assignment, or other action requiring City's approval hereunder. City may object to the proposed transfer only if the proposed transferee or assignee lacks the qualifications or financial capacity to perform the obligations of this Agreement, or if Developer is in default of the obligations under this Agreement. Any objection by City must be delivered to Developer in writing within the 60-day period, specifying with reasonable particularity the basis for such objection. City’s failure to respond to the notice within sixty (60) days shall be deemed approval of the proposed transfer. In connection with any such sale, transfer, or assignment, Developer shall pay City’s reasonable fees as compensation for the City’s review of the request.
d. Certificates from Parties. Developer/Property Owner and proposed Transferee each shall certify in writing, in a form reasonably acceptable to City, that the Transfer shall be closed in accordance with the terms of the approved assignment and assumption agreement. The written certificate shall also include a provision that in the event a Transfer is made in material violation of the terms of the Density Bonus Housing Agreement, or materially false or misleading statements are knowingly made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right, after providing written notice and a reasonable opportunity to cure, to file an action seeking remedies available at law or in equity.
d. Delivery of Documents. Upon the close of the proposed Transfer, Developer/Property Owner and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, City Council 21 – 45 9/15/2026
55394.00101\44900944.3
Exhibit E to
2101 E. 4th Street Density Bonus Agreement
all certificates required by this Section 3 and any other documents the City may request.
4. The restrictions contained in the Density Bonus Housing Agreement commence upon the date on which the Affordable Unit receives all required occupancy permits from the City and terminate on the fifty-fifth (55th) anniversary thereof.
5. The commonly known addresses for the Property [ADDRESS].
6. The assessor’s parcel numbers for the Property is _______
7. The legal description of the Property is attached hereto as Attachment No. 1 and is incorporated herein by reference.
8. The Density Bonus Housing Agreement, which includes the affordability restrictions referenced above, is expected to be submitted for recordation in the Office of the Orange County Recorder contemporaneously with this Notice of Affordability Restrictions.
9. The Density Bonus Housing Agreement remains in full force and effect and is not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions.
10. Capitalized terms shall have the meaning established under the Density Bonus Housing Agreement (including all Attachments thereto) excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions.
11. Persons having questions regarding this Notice of Affordability Restrictions, the Density Bonus Housing Agreement or the Attachments thereto should contact the City at its offices (20 Civic Center Plaza, Santa Ana, California 92701, or such other address as may be designated by the City from time to time).
City Council 21 – 46 9/15/2026
55394.00101\44900944.3
Exhibit E to
2101 E. 4th Street Density Bonus Agreement
DEVELOPER/ PROPERTY OWNER:
Think Together, a California nonprofit
corporation
By:
Printed Name: Randy Barth
[Signature to be acknowledged]
THE CITY OF SANTA ANA,
By:________________________________
Executive Director
ATTEST:
______________________________
APPROVED AS TO FORM:
SONIA R. CARVALHO, City Attorney
By: ________________________
Dated:
City Council 21 – 47 9/15/2026
Planning and Building Agency
www.santa-ana.gov/pba
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup – ALUC Overrule Initiation (Citywide)
AGENDA TITLE
Authorize the Planning Division to Prepare and Provide the Airport Land Use Commission (ALUC) for Orange County and the State of California Department of Transportation (Caltrans) Department of Aeronautics a Notice of the Potential of the City Council to Overrule the ALUC’s Determination of Inconsistency by a Two-Thirds Vote of the Governing Body for the Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup in Accordance with Public Utilities Code Section 21676(b)
RECOMMENDED ACTION
Adopt a resolution authorizing the Planning Division to provide the ALUC for Orange County and the Caltrans Department of Aeronautics a notice of intent of the potential for the City Council to overrule the ALUC’s Determination of Inconsistency associated with the proposed citywide Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup, by a two-thirds vote of the governing body, in accordance with Public Utilities Code Section 21676(b).
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING THE PLANNING AND BUILDING AGENCY
TO PROVIDE THE AIRPORT LAND USE COMMISSION OF ORANGE COUNTY AND
THE CALTRANS DIVISION OF AERONAUTICS WITH THE PROPOSED DECISION
AND FINDINGS TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE CITY’S COMPREHENSIVE ZONING CODE UPDATE (ZONING ORDINANCE AMENDMENT NO. 2026-03, ZONE CHANGE NO. 2026-0004, AND ORDINANCE AMENDMENT NO. 2026-04) AND RELATED GENERAL PLAN AMENDMENT NO. 2026-02 ARE INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT AT LEAST 45
DAYS PRIOR TO THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED
OVERRULE BY THE CITY COUNCIL PURSUANT TO PUBLIC UTILITIES CODE SECTION 21676(b)
GOVERNMENT CODE §84308 APPLIES: No
City Council 22 – 1 9/15/2026
Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup – ALUC Overrule Initiation (Citywide)
September 15, 2026
DISCUSSION
The Planning Division is preparing the comprehensive Zoning Code Update, including a new Zoning Map, to implement the community vision as expressed in the General Plan.
Through the project, the City seeks to:
• Encourage economic, environmentally-friendly, inclusive, and sustainable development;
• Modernize and update the existing zoning districts;
• Simplify, streamline, and incorporate flexibility into land use entitlement processes; • Draw upon successes of newer Specific Plans and Specific Developments to develop standards for the General Plan Focus Areas;
• Absorb as many built-out Specific Developments as possible and assign zoning districts consistent with the General Plan Land Use designations; • Create objective design standards presented in clear, simple language to ensure clarity and avoid, whenever possible, disputed interpretations; • Present information in a user-friendly format with tables and graphics to improve readability;
• Reflect recent changes resulting from legal decisions and changes to state laws, especially in the areas of signage, permit streamlining, and density bonus; • Create a transparent, predictable, and consistent process for City staff and stakeholders;
• Establish a format that can accommodate future updates within an organized and systematic structure that can be translatable into digital formats, such as a webbased zoning code or tools to help individuals “visualize” the regulations and hypothetical developments.
The project also includes a General Plan Land Use Map cleanup to apply consistent land use designations across entire lots or sites where properties currently have split land use designations and to assign the Open Space designation to a proposed public park at Flower and Tenth streets.
Pursuant to Public Utilities Code (PUC) Section 21676(b), prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the ALUC for Orange County, the City shall first refer the proposed action to ALUC. If ALUC determines that the proposed action is inconsistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, the City Council may, after a public hearing, overrule the Commission’s determination by a two-thirds vote of the City Council if it makes specific consistency findings in accordance with PUC Section 21670.
Adhering to this procedure, it is standard practice for the City to refer projects governed by PUC Section 21676(b) under the AELUP to the ALUC for their review and determination during the project review phase. The City referred the Comprehensive City Council 22 – 2 9/15/2026
Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup – ALUC Overrule Initiation (Citywide)
September 15, 2026
Zoning Code Update and General Plan Land Use Map Cleanup to ALUC for their review and determination because portions of the project are located within the AELUP. On August 20, 2026, the ALUC held a public hearing on the project and found the Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup to be inconsistent with the AELUP for John Wayne Airport pursuant to AELUP Sections 2.1.1 (Aircraft Noise), 2.1.2 (Safety Compatibility Zones), 2.1.3 (Building Height Restrictions),
3.2.1 (General Policy), and 3.2.6 (Height Restriction Zone).
These sections empower the ALUC “to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses” and “to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare.” As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC’s decision by following the procedures established in PUC sections 21676 and 21676.5. Before the decision to overrule the ALUC’s Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process.
The first step in the overrule process is to provide notice to the ALUC and the Caltrans Division of Aeronautics of the City’s intention to overrule the ALUC’s determination by providing the two agencies with a Notice of Intent at least 45 days in advance of the overruling action by the City Council. In turn, ALUC and/or the Caltrans Division of Aeronautics may provide comments to the City Council within 30 days of receiving the Notice of Intent. If their comments are not available within this time limit, the City Council may act without them. The comments by ALUC and the Caltrans Division of Aeronautics are advisory. However, should comments be received, the City Council must include the comments in the public record of any final decision to overrule ALUC.
The second step in the overrule process is to conduct a public hearing through which the City Council makes specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670.
The City Council’s adoption of this resolution is procedural and does not constitute the approval of the comprehensive Zoning Code Update and associated cleanups, nor does it predispose the City’s future action on the project or the decision to overrule or not.
Following the date of adoption of the resolution, there is no maximum time limit by which the City Council must hold the public hearing on the proposed project and overrule the ALUC’s determination. As a result, the recommendation to approve the resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the ALUC’s Determination of Inconsistency does not set forth any required timeframes for future hearing dates and actions.
City Council 22 – 3 9/15/2026
Comprehensive Zoning Code Update and General Plan Land Use Map Cleanup – ALUC Overrule Initiation (Citywide)
September 15, 2026
ENVIRONMENTAL IMPACT
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines, as the proposed action will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378 of the CEQA Guidelines
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution Authorizing Staff to Provide Notice of Intent to Overrule Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council 22 – 4 9/15/2026
Resolution No. 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE PLANNING AND
BUILDING AGENCY TO PROVIDE THE AIRPORT LAND
USE COMMISSION OF ORANGE COUNTY AND THE
CALTRANS DIVISION OF AERONAUTICS WITH THE
PROPOSED DECISION AND FINDINGS TO OVERRULE
THE ORANGE COUNTY AIRPORT LAND USE
COMMISSION’S DETERMINATION THAT THE CITY’S
COMPREHENSIVE ZONING CODE UPDATE (ZONING
ORDINANCE AMENDMENT NO. 2026-03, ZONE CHANGE
NO. 2026-0004, AND ORDINANCE AMENDMENT NO. 2026-
04) AND RELATED GENERAL PLAN AMENDMENT NO.
2026-02 ARE INCONSISTENT WITH THE AIRPORT
ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT
AT LEAST 45 DAYS PRIOR TO THE FUTURE PUBLIC
HEARING DATE FOR THE PROPOSED OVERRULE BY
THE CITY COUNCIL PURSUANT TO PUBLIC UTILITIES
CODE SECTION 21676(b)
WHEREAS, Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City of Santa Ana to prepare and adopt a comprehensive, long-term general plan for the physical development of the City, and to maintain zoning regulations consistent with that general plan; and WHEREAS, the General Plan includes Implementation Action Reference No. 1.1 of the Land Use Element to prepare a Comprehensive Zoning Code Update (Zoning Ordinance Amendment No. 2026-03, Zone Change No. 2026-0004, and Ordinance Amendment No. 2026-04) to implement the City’s General Plan Golden City Beyond (2045), adopted by the City Council in April 2022; and
WHEREAS, the Comprehensive Zoning Code Update is accompanied by the related General Plan Amendment No. 2026-02 to change the General Plan Land Use Designation for six parcels located throughout the City to correct land use designation mapping errors and address historical split land use designations (“General Plan Amendment”); and
WHEREAS, the Comprehensive Zoning Code Update and General Plan Amendment are collectively referred to as the “Project”; and WHEREAS, the Project is a legislative, regulatory framework that establishes permitted uses, development standards, and airport-compatibility regulations, and does not, by itself, site, entitle, or authorize construction of any specific building; and WHEREAS, California Public Utilities Code Section 21674 empowers the Airport Land Use Commission for Orange County (ALUC) “to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the City Council 22 – 5 9/15/2026
Resolution No. 2026-XXX
vicinity of those airports is not already devoted to incompatible uses,” and “to coordinate planning at the state, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare; and”
WHEREAS, the City of Santa Ana is located partially within the area contained within the scope of the Airport Environs Land Use Plan for John Wayne Airport (AELUP); and
WHEREAS, California Public Utilities Code Section 21676(b) requires the City to refer projects that include a general plan amendment or a zoning ordinance amendment within the AELUP planning area to the ALUC for a determination of consistency with the AELUP prior to adoption; and
WHEREAS, the City submitted the Project to the ALUC for consistency review, most recently in its revised submittal on July 31, 2026, and the ALUC considered the Project on August 20, 2026; and
WHEREAS, on August 20, 2026, the ALUC, by a vote of 4 in favor and 0 against, acting on the recommendation contained in its staff report for Agenda Item 1, found the Project inconsistent with the AELUP pursuant to AELUP Sections 2.1.1 (Aircraft Noise),
2.1.2 (Safety Compatibility Zones), and 2.1.3 (Building Height Restrictions), Section 3.2.1 (General Policy), and Section 3.2.6 (Height Restriction Zone); and WHEREAS, pursuant to Public Utilities Code Section 21676(b), the City Council may overrule the ALUC by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of the State Aeronautics Act as stated in Public Utilities Code Section 21670; and WHEREAS, at least 45 days prior to any decision to overrule the ALUC, Public Utilities Code Section 21676(b) requires the City to provide the ALUC and the California Department of Transportation Division of Aeronautics (Division) a copy of the proposed decision and the findings supporting the proposed overrule; and WHEREAS, the City has prepared proposed Findings of Fact demonstrating that the Project is consistent with the purposes of the State Aeronautics Act as stated in Public Utilities Code Section 21670 and consistent with the AELUP, which proposed findings are attached hereto and incorporated herein as Exhibit A; and WHEREAS, on September 15, 2026, the City Council considered a resolution to authorize staff to provide the ALUC and the California Department of Transportation Division of Aeronautics (Division) a copy of the proposed decision and findings, as contained in Exhibit A, to overrule the ALUC’s determination of inconsistency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The above recitals are true and incorporated herein by reference.
Section 2. The City Council hereby declares its intention to overrule the Orange County ALUC’s determination that the City’s Comprehensive Zoning Code Update and City Council 22 – 6 9/15/2026
Resolution No. 2026-XXX
related General Plan Amendment (Land Use Map cleanup) are inconsistent with the Airport Environs Land Use Plan for John Wayne Airport.
Section 3. Pursuant to Public Utilities Code Section 21676(b), the City Council directs staff to provide the ALUC and the Caltrans Division of Aeronautics with a copy of this Resolution and the proposed Findings of Fact attached as Exhibit “A” at least 45 days prior to the City Council’s decision on whether to overrule the ALUC’s determination of inconsistency.
Section 5. The ALUC and the Division may provide comments to the City Council within 30 days of receiving the proposed decision and findings. Any comments received from the ALUC and the Division, while advisory, shall be included in the public record of the City Council’s final decision to overrule. If the ALUC or the Division does not provide comments within the 30-day period, the City Council may act without them.
Section 6. This Resolution declaring the City Council’s intention to overrule does not constitute the final decision to overrule. Following expiration of the 45-day notice period and consideration of any advisory comments received, the City Council will consider a separate resolution making the specific findings required by Public Utilities Code Section 21676(b) and, by a two-thirds vote, after a public hearing, determine whether to overrule the ALUC’s determination of inconsistency.
Section 7. The City Council finds that the requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15061(b)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the City's proposal to overrule the ALUC's determination and does not commit the City to approve the Project. Concurrent with the review of the proposed Comprehensive Zoning Code Update and General Plan Amendment, the City is preparing an addendum to the General Plan Final Environmental Impact Report, which will be presented to the City Council for consideration, along with the requested zoning ordinance amendment and general plan amendment, at a future hearing date.
Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
Section 8. The documents and materials that constitute the record of proceedings on which this Resolution and the proposed findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Clerk of the Council is the custodian of records for the record of proceedings. [Signatures on the following page]
City Council 22 – 7 9/15/2026
Resolution No. 2026-XXX
ADOPTED this 15th day of September, 2026.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 22 – 8 9/15/2026
Resolution No. 2026-XXX
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: ___________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 22 – 9 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
DRAFT FINDINGS OF FACT
IN SUPPORT OF THE CITY OF SANTA ANA CITY COUNCIL
DECISION TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S
DETERMINATION OF INCONSISTENCY FOR THE CITY’S COMPREHENSIVE
ZONING CODE UPDATE AND GENERAL PLAN AMENDMENT
I. Introduction and Summary
The City of Santa Ana (City) is required to provide findings supporting the overrule of a determination of the Orange County Airport Land Use Commission (ALUC) as required by California Public Utilities Code (PUC) Section 21676(b). Based on the following Findings of Fact and the substantial evidence in the public record, the proposed action by the City on its Comprehensive Zoning Code Update and related General Plan Amendment (collectively, the Project) is consistent with the purposes of the State Aeronautics Act (SAA) as stated in PUC Section 21670, and is consistent with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA or AELUP).
Specifically, the Project provides for the orderly development of John Wayne Airport (JWA) and its surrounding area and promotes the overall goals and objectives of the State airport noise standards by avoiding new noise and safety problems and by protecting the public health, safety, and welfare through the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards, to the extent this area is not already devoted to incompatible uses. The Project is a legislative, regulatory framework that implements the City’s General Plan Golden City Beyond (2045), adopted by the City Council in April 2022. It establishes permitted uses, development standards, and airport-compatibility regulations; it does not, by itself, site, entitle, or authorize construction of any specific building.
On August 20, 2026, the ALUC, acting on the recommendation contained in its staff report for Agenda Item 1, found the Project inconsistent with the AELUP for JWA. As set forth below, that determination is not supported by substantial evidence, rests upon factual inaccuracies in Exhibit 8 and an outdated AELUP that does not reflect current airport plans or federal airspace procedures, and misapplies the very guidance on which it relies.
The City Council therefore overrules the ALUC’s determination.
II. Legal Framework and Authority
A. Municipal police power. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., Art. XI, § 7.) This constitutional authority is acknowledged in State law (PUC §§ 21670, 21676) and in the ALUC process (AELUP § 4.11), which expressly allows a local agency to overrule an ALUC finding of inconsistency.
City Council 22 – 10 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
B. Referral requirement. Because the Project includes an amendment to the General Plan and the adoption of a zoning ordinance amendment within the AELUP planning area, PUC Section 21676(b) and AELUP Sections 4.3 and 4.4 required the City to refer the Project to the ALUC for a consistency determination prior to adoption. The City made that referral, most recently in its revised submittal, and the ALUC considered the Project on August 20, 2026.
C. Referral and ALUC Finding. On August, 20, 2026, the ALUC, by a vote of 4 in favor and 0 against, acting on the recommendation contained in its staff report for Agenda Item 1, found the Project inconsistent with the AELUP pursuant to AELUP Sections 2.1.1 (Aircraft Noise), 2.1.2 (Safety Compatibility Zones), and 2.1.3 (Building Height Restrictions), Section 3.2.1 (General Policy), and Section 3.2.6 (Height Restriction Zone).
D. Overrule authority and vote. Pursuant to PUC Section 21676(b), the City Council may overrule the ALUC by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of the SAA as stated in PUC Section 21670. A two-thirds vote of the members constituting a quorum is sufficient. (See 1992 Cal. Atty. Gen. Opinion.) E. Notice procedure. At least 45 days prior to the decision to overrule, the City must provide the ALUC and the Caltrans Division of Aeronautics (Division) a copy of the proposed decision and findings. The ALUC and the Division may provide advisory comments within 30 days of receipt; those comments, while advisory, must be included in the public record of any final decision to overrule. The City provided the required notice on September 16, 2026, and conducted a duly noticed public hearing on November 17, 2026.
F. Standard for findings. The findings must bridge the analytic gap between the raw evidence and the ultimate decision, demonstrating that the proposed action is consistent with the purposes stated in PUC Section 21670. (See Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506). These findings, together with the substantial evidence in the record identified herein, satisfy that standard.
G. Purposes of the Act. The purposes of the SAA, as stated in PUC Section 21670, are to (1) provide for the orderly development of each public-use airport and the area surrounding it; (2) promote the overall goals and objectives of the California airport noise standards; and (3) prevent the creation of new noise and safety problems. The findings below are organized to demonstrate the Project’s consistency with each of these purposes.
City Council 22 – 11 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
III. Findings of Fact
A. Nature of the Proposed Action
1. Legislative, implementing framework. The Project consists of (i) a Comprehensive Zoning Code Update (ZCU) including Zoning Ordinance Amendment No. 2026-03 and Zoning Change No. 2026-0004 and Ordinance Amendment No. 2026-04, that repeals and replaces Chapter 27 (Planning) and Chapter 41 (Zoning) with a new Chapter 41 (Planning and Zoning) and (ii) General Plan Amendment No. 2026-02 (GPA) that aligns the Land Use Element map with the General Plan the City Council adopted in April 2022 by applying consistent land use designations across entire lots where properties currently carry split designations (the “Cleanup Sites”). The Project implements land uses already adopted in the 2022 General Plan; the maximum density is not increased by the Project.
2. Permissive standards do not determine the location of development. The ZCU establishes permissive uses, maximum development standards, and airportcompatibility regulations. It does not specify the exact location, height, or configuration of any implementing development. As with the analogous specificplan actions the City Council has previously found consistent with the AELUP, a legislative framework that establishes maximum permissible envelopes does not, by itself, place people or structures in any particular location relative to airport noise or safety features.
3. Self-implementing airport safeguards. The ZCU independently protects JWA airspace through the City’s adopted General Plan. As revised, ZCU Article III, Division 4 (Airport Land Use Compatibility), would direct that development within the Airport Influence Area “shall comply with relevant policies and implementation actions of the City of Santa Ana General Plan, the California Public Utilities Code (PUC) Section 21670 et seq., and the 14 Code of Federal Regulations (CFR) Part 77) (also known as Federal Aviation Regulations (FAR) Part 77 standards), as amended” thereby incorporating the airport-compatibility policies of the General Plan and making them operative and enforceable through the Zoning Code. The controlling requirements are therefore those established in the General Plan itself:
The General Plan Safety Element (Policies S-4.1 and S-4.2) and the Noise Element (Policy N-3.3) reinforce these requirements, and the City requires projectspecific acoustical studies as warranted. a. Safety Element Policy S-4.1 — for any development that includes structures higher than 200 feet above existing grade, the City must inform the ALUC and submit materials for review, and the project must file FAA Form 7460-1;
City Council 22 – 12 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
b. Safety Element Policy S-4.2 — the City shall not approve structures that would penetrate the FAR Part 77 imaginary obstruction surfaces unless the FAA determines that the structure would pose no hazard to air navigation, consistent with PUC Section 21240, and applicants proposing structures that penetrate the 100:1 Notification Surface must file FAA Form 7460-1 and provide the FAA determination to the City and the ALUC; and c. Noise Element Policy N-3.3 and Table N-1 — including the 45 dB CNEL interior standard for residential and other noise-sensitive uses and the requirement for project-specific acoustical studies where warranted by a project’s location and characteristics.
Under these General Plan policies — as the source expressly incorporated by the revised Zoning Code — no structure penetrating an applicable Part 77 surface or exceeding 200 feet above ground level may be approved without an FAA Form 7460- 1 filing and a Determination of No Hazard to Air Navigation prior to permit issuance, and each noise-sensitive project remains subject to the General Plan’s interior-noise and acoustical-study requirements. These General Plan policies are the operative and controlling airport-compatibility standards that govern individual development within the Airport Influence Area.
B. Airport Planning Area and Geographic Findings
The three “Project Areas” below are geographic areas that ALUC staff themselves delineated for this consistency review (staff report, Attachment 3); they do not follow the ZCU framework.
1. ALUC Staff Report Project Area 1 — 55 Freeway / Dyer Road.1 This area comprises non-contiguous properties along SR-55 and Dyer Road between Warner Avenue and MacArthur Boulevard, currently zoned Light Industrial (M1), proposed for Community Commercial (CCM), District Center (DC-2), and Industrial/Flex (FLEX-3). The staff report states that this area is outside the JWA safety compatibility zones but beneath the Runway 20R departure/arrival corridor; DC-2 would permit multifamily residential by right at up to 90 dwelling units per acre. Ground elevation is approximately 41 feet above mean sea level (AMSL); the FAA 100:1 Notification Surface would be reached at approximately 125′ AMSL and the Obstruction Imaginary Surface at approximately 200′ AMSL. Many parcels 1ALUC “Project Area 1” (55 Freeway / Dyer Road) corresponds to the City’s adopted 2022 General Plan 55 Freeway/Dyer Road Focus Area. In its 2021 Findings of Fact overruling the ALUC on the General Plan Update Golden City Beyond (2045), the City Council found this Focus Area to be located entirely within the JWA AELUP planning area, and the City Council adopted its land use designations in April 2022 following that overrule. The Zoning Code Update merely implements those previously adopted designations.
City Council 22 – 13 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
carry the Height Exemption (H) supplemental-standards designation and are directly beneath the JWA approach corridor.
2. ALUC Staff Report Project Area 2 — MacArthur Boulevard / Dyer Road. This area (shown as “Project Area 2A and 2B” on the proposed zoning maps) consists of non-contiguous properties generally along MacArthur Boulevard and Dyer Road between Main Street, currently zoned Specific Development No. 43, Specific Development No. 76, and Light Industrial (M1). Additional properties located near Flower Street and Sunflower Avenue are zoned Open Space (OS) and Specific Development No. 94. The Project would designate these properties District Center (DC-1, DC-1.5, or DC-2), Urban Neighborhood-Medium High (UN-50), or Institutional (INS). The District Center districts would permit multifamily residential by right at up to 90 dwelling units per acre, with libraries, religious facilities, schools, adult day care facilities, hospitals, and residential care facilities by CUP and childcare centers by Minor CUP; UN-50 would permit residential by right at up to 50 dwelling units per acre, with libraries, religious facilities, schools, adult day care facilities, and residential care facilities by CUP; and INS would permit no residential development but would allow schools by CUP and adult day care facilities by MCUP. Because the INS district establishes no maximum height in most locations, the staff report asserts a potential to penetrate the JWA Horizontal Surface. This area lies within Safety Zone 6 (Traffic Pattern Zone).
3. ALUC Staff Report Project Area 3 — South Bristol Street.3 This area extends along Bristol Street between East Alton Avenue and Sunflower Avenue, currently zoned Community Commercial (C1), General Commercial (C2), Commercial Residential (CR), Single-Family Residence (R1), Suburban Apartment (R4), or Open Space (O), proposed for Urban Neighborhood–Medium (UN-40), District Center–High (DC-5), and related designations. The proposed DC-5 zoning would establish a maximum height of 255 feet above ground level. Portions of this area lie beneath the JWA Horizontal Surface at 206 feet AMSL; with existing ground elevations of approximately 34 feet AMSL, a structure of approximately 172′ AMSL could penetrate the Horizontal Surface. This is the same South Bristol Street area, and substantially the same DC-5 land use, that the City Council previously adopted in the 2022 General Plan after overruling the ALUC’s 2021 determination of inconsistency.
3ALUC “Project Area 3” (South Bristol Street) corresponds to the City’s adopted 2022 General Plan South Bristol Focus Area. In its 2021 Findings of Fact, the City Council found this Focus Area to be located entirely within the JWA AELUP planning area and expressly overruled the ALUC’s determination of inconsistency as to the South Bristol area’s District Center–High (DC5) land use, which the Council then adopted in April 2022. The Zoning Code Update’s DC-5 zoning implements that adopted designation.
City Council 22 – 14 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
4. GPA “Cleanup Sites.” The General Plan Amendment aligns split land use designations across five sites. Only Sites 2 and 4 lie within the JWA Notification Area (Site 2 at 1319 South Sycamore Street and 1322 and 1344 South Main Street; Site 4 at 2141 South Sycamore Street), where the amendment would replace Low Density Residential (LR-7) with Urban Neighborhood-Low (UN-20) at up to 20 dwelling units per acre. The staff report expressly states that the Cleanup Sites are not within the Safety Zones for JWA and are not within the Obstruction Imaginary Surfaces for JWA. The Cleanup Sites make only conforming, map-alignment changes and introduce no new incompatible land use within any airport noise contour, safety zone, or Part 77 surface.
C. Consistency with the Purposes of the State Aeronautics Act (PUC § 21670)
1. Orderly development of the airport and surrounding area. The Project promotes orderly development by requiring, through the General Plan policies S4.1 and S-4.2 incorporated by the ZCU’s Airport Land Use Compatibility division, an FAA Form 7460-1 filing and Determination of No Hazard for any development within the Airport Influence Area that exceeds 200 feet above ground level or penetrates an applicable Part 77 surface. This ensures that individual projects — which the legislative framework does not itself authorize — will each be evaluated against current federal airspace standards before approval.
2. Promotion of State airport noise-standard goals. The General Plan Noise Element establishes an interior noise standard of 45 dB CNEL for residential uses and noise-sensitive uses, and the City requires project-specific acoustical studies where warranted by a project’s location and characteristics. These measures advance the goals of the California airport noise standards by ensuring that noisesensitive uses are designed to mitigate aircraft noise to acceptable interior levels.
3. Prevention of new noise and safety problems. The Project does not add any new residential or commercial use to the JWA 65 dBA CNEL noise-impact area that is not already devoted to urban uses, and it does not authorize any structure without a subsequent, project-level compatibility and federal airspace review.
Conditional Use Permit requirements for high-occupancy sensitive uses allow the City to impose conditions of approval — including building-occupancy limits and avigation easement dedications — to avoid new safety problems, consistent with the California Airport Land Use Planning Handbook (2011) (“Handbook”).
D. The ALUC’s Determination Rests on an Outdated AELUP
1. The AELUP has not been updated to reflect current conditions. The AELUP for JWA was last amended April 17, 2008, and is built upon the JWA Airport Layout Plan (ALP) approved in March 2005. It has not been updated to incorporate: (i) the 2011 California Airport Land Use Planning Handbook; (ii) the September 30, 2014 JWA Settlement Agreement Extension; (iii) the June 2019 General Aviation City Council 22 – 15 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
Improvement Program (GAIP) and its certified EIR; or (iv) the FAA-approved ALP. The safety-zone exhibit relied upon in the staff report (Attachment 8) is itself derived from the outdated January 2002 edition of the Handbook.
2. Current federal airspace procedures are not reflected. In 2009, the FAA implemented precision Global Positioning Satellite (GPS) procedures using Area Navigation (RNAV) technology at JWA, which account for existing tall structures in the airport vicinity and high terrain north of the airport for the entire fleet of aircraft using the airport. The 2008 AELUP predates and does not reflect these procedures. A determination of inconsistency premised on a plan that does not reflect the current airport layout or current federal airspace management is not supported by substantial evidence of an actual, current airport-compatibility conflict.
E. Response to the Three Grounds Recommended in the ALUC Staff Report (August 20, 2026)
The ALUC staff report recommended a determination of inconsistency on three grounds.
Each is addressed and rebutted below.
1. AELUP § 2.1.1 (Aircraft Noise). The staff report asserts that the Project would allow high-density residential within the 60 dBA CNEL contour and additional noise-sensitive uses within the 65 dBA CNEL contour beneath the primary JWA approach path.
a. The Project is a legislative framework that does not itself site any dwelling unit; each residential project remains subject to the General Plan Noise Element’s 45 dB CNEL interior standard and to project-level acoustical study, which mitigate aircraft-noise exposure to acceptable interior levels. b. The areas identified are within the larger, already-urbanized environs of JWA and are not “not already devoted” to urban uses; the Project introduces no new noise problem that the record establishes with substantial evidence, as distinct from the theoretical maximum of a permissive standard. c. Flight-track exhibits reflecting four summer-2026 days do not constitute substantial evidence that any actual future development authorized under the framework will be incompatibly exposed, particularly where each project is separately reviewed.
2. AELUP § 2.1.2 (Safety Compatibility Zones). The staff report asserts that the use tables would allow children’s schools, large day care centers, hospitals, residential care facilities, and comparable sensitive uses within Safety Zone 6, where such uses should be avoided.
City Council 22 – 16 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
a. The staff report is internally self-defeating. The report acknowledges that the Handbook identifies Safety Zone 6 (Traffic Pattern Zone) as a low-risk area in which residential uses are “normally allowed,” subject to consideration of noise and overflight. A determination of inconsistency premised on uses the governing guidance treats as normally allowed in that zone is not supported by substantial evidence.
b. The most intensive sensitive uses (hospitals, residential/nursing care, and comparable high-occupancy uses) require a CUP or Minor CUP, preserving the City’s ability to impose conditions of approval — including careful review of actual proposed uses for compatibility, occupancy limits and avigation easement dedications — consistent with the Handbook’s infill guidance. c. The Safety Zone 6 boundary relied upon (staff report Attachment 8) is expressly derived from the January 2002 edition of the Handbook and is not an objective standard adopted in Section 2.1 of the 2008 AELUP; the Commission is effectively importing Handbook safety zones that its own adopted compatibility plan never incorporated. Further, Attachment 8 depicts the Project Areas identified by ALUC staff incorrectly. If ALUC Project Areas 1, 2b, and 3 were depicted correctly, these areas are completely outside of the JWA safety zones. A portion of ALUC Staff Report Area 2a is within the Safety Zone 6 boundary but all of the proposed land uses comply with the Safety Zone 6 allowed land uses.
d. The City’s own submittal confirms that the highest-density districts in the Traffic Pattern Zone (UN-50 and DC-1, -1.5, and -2) are permitted by right as infill of existing development, consistent with the Handbook, and that high-occupancy uses such as hospitals, schools, and community assemblies are regulated through Conditional Use Permits precisely so the City may carefully review actual proposed uses for their compatibility and impose appropriate safety conditions during entitlement.
3. AELUP § 2.1.3 (Building Height Restrictions). The staff report asserts that the proposed DC-5, Height Exemption (H), and uncapped INS standards would allow structures that may penetrate the Part 77 Obstruction Imaginary Surfaces, and that an FAA Determination of No Hazard does not automatically establish ALUC consistency.
a. Obstruction is not hazard. Penetration of a Part 77 imaginary or notification surface triggers only a federal duty to notify the FAA; only the FAA determines whether a structure is a hazard to air navigation. The City’s General Plan Safety Element (Policy S-4.2), as incorporated by the ZCU’s Airport Land Use Compatibility division, already prohibits City approval of City Council 22 – 17 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
any structure that would penetrate the FAR Part 77 imaginary obstruction surfaces unless the FAA determines the structure would pose no hazard — requiring an FAA Form 7460- 1 filing and a Determination of No Hazard before a building permit is issued. b. The FAA is the sole authoritative source of airspace-impact information. On the analogous project records previously before this Council, the ALUC identified no aeronautical study, and no petition for discretionary review under 14 C.F.R. § 77.37, refuting the FAA’s determinations. A bare assertion that the Commission “may still find” a project inconsistent on an obstruction theory, without evidence of a substantial adverse effect on the safe and efficient use of navigable airspace, is not substantial evidence. c. The height concern is directed at maximum permissive envelopes (DC-5 at 255′ AGL; H-designated and uncapped INS parcels), not at any actual proposed structure. Because no structure may be permitted without the federal review the ZCU mandates, the framework does not create a present airspace conflict.
d. Finality and consistency. The South Bristol Street DC-5 land use was adopted by the City Council in the 2022 General Plan after the Council lawfully overruled the ALUC’s 2021 determination on that same land use, in part because the project received an FAA determination of no hazard. The ZCU merely implements that adopted designation; principles of consistency and finality weigh in favor of the City.
F. No Basis Exists to Find the GPA “Cleanup Sites” Inconsistent
1. As the staff report itself concedes, the GPA “Cleanup Sites” are not located within any JWA Safety Zone and are not located within the Part 77 Obstruction Imaginary Surfaces. The Cleanup Sites make only conforming map-alignment changes and introduce no new incompatible use within any airport noise contour, safety zone, or airspace surface. There is accordingly no evidentiary basis to find the General Plan Amendment inconsistent with the AELUP, and the City finds the GPA consistent with the purposes of the SAA.
IV. Conclusion
Based on the foregoing Findings of Fact and the substantial evidence in the public record, the City Council of the City of Santa Ana finds that the Project — the Comprehensive Zoning Code Update and the related General Plan Amendment — is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, and is consistent with the AELUP for JWA. The ALUC’s determination of inconsistency is not supported by substantial evidence, rests on an outdated 2008 AELUP that does not reflect the FAACity Council 22 – 18 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
approved 2005-superseding ALP or current RNAV/GPS airspace procedures, and misapplies the Handbook guidance on which it relies.
Recommendation. The City Council:
1. Finds that the Project is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670 and consistent with the AELUP for JWA;
2. Overrules the ALUC’s determination that the Project is inconsistent with the AELUP for JWA, by a two-thirds vote of the City Council pursuant to PUC Section 21676(b); and
3. Directs staff to provide notice of the decision to overrule to the ALUC and the Caltrans Division of Aeronautics, and to include any advisory comments received in the public record.
V. Reserved — Responses to ALUC and Caltrans Advisory Comments [Reserved. To be completed after the Notice of Intent to Overrule is transmitted to the ALUC and the Caltrans Division of Aeronautics and the 30-day advisory comment period closes. This section will summarize and respond to each advisory comment received, consistent with PUC Section 21676(b). The City’s record will include any comments received from the ALUC and Caltrans.]
VI. Principal Record Materials Relied Upon
The following list of record materials have been relied upon, as applicable, to assemble the foregoing Findings of Fact.
• ALUC for Orange County, Staff Report and Recommendation, Agenda Item 1 — City of Santa Ana Comprehensive Zoning Code Update and General Plan Amendment (August 20, 2026), including Attachments 8–12. • Airport Environs Land Use Plan for John Wayne Airport (amended April 17, 2008), including Section 2.1 objective standards and Appendix D (2005 ALP). • FAA-approved JWA Airport Layout Plan.
• California Airport Land Use Planning Handbook (Caltrans Division of Aeronautics, 2011), Chapter 5 (Responsibilities of Local Agencies; Overrule Process and Findings).
• City of Santa Ana General Plan Golden City Beyond (2045), adopted April 2022, including Land Use, Noise, and Safety Elements; and the certified Final Program EIR (April 2022) and Addendum.
City Council 22 – 19 9/15/2026
EXHIBIT A
DRAFT Findings of Fact in Support of ALUC Overrule
Exhibit A - DRAFT Findings of Fact in Support of ALUC Overrule
• City of Santa Ana Comprehensive Zoning Code Update (Public Hearing Draft, June 2026), Article III, Division 4 (Airport Land Use Compatibility), Section 41-391; Division 6 (Height Exemption).
• City Council Resolution No. 2022-031 overruling the ALUC re: General Plan Update Golden City Beyond (2045), and supporting Findings of Fact (Exhibit A). • Caltrans Division of Aeronautics comment letter (December 6, 2021) on the prior General Plan Update overrule.
City Council 22 – 20 9/15/2026
Planning and Building Agency
www.santa-ana.gov/pba
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Ordinance Amendment No. 2026-01 to Amend Portions of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Amendments of an Administrative Nature – Second Reading
AGENDA TITLE
Second Reading and Adoption of Ordinance No. NS-3098 Ordinance Amendment No. 2026-01 to Amend Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Administrative Amendments First reading at the August 4, 2026 City Council Meeting and approved by a vote of 6-0.
Published in the OC Reporter on August 21, 2026.
RECOMMENDED ACTIONS
1. Conduct a second reading of and adopt an ordinance approving Ordinance Amendment No. 2026-01 to amend portions of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and other amendments of an administrative nature; and ORDINANCE NO. NS-3098 entitled ORDINANCE AMENDMENT NO. 2026-01 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING PORTIONS OF CHAPTER 30 (PLACES OF HISTORICAL AND
ARCHITECTURAL SIGNIFICANCE) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO THE MODIFICATION OF HISTORIC PROPERTIES,
DEMOLITION BY NEGLECT, HISTORIC PROPERTY TRANSFER
DISCLOSURE, AND OTHER ITEMS OF AN ADMINISTRATIVE NATURE, 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), read by title only and waive further reading
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review City Council 23 – 1 9/15/2026
Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) – Second Reading
September 15, 2026
under state CEQA Guidelines Section 15060(c)(2), Section 15060(c)(3), and Section15061(b)(3).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On August 4, 2026, the City Council conducted a first reading of Ordinance Amendment No. 2026-01 to amend portions of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code (SAMC) relating to modification of historic properties, demolition by neglect, historic property transfer disclosure, and other amendments of an administrative nature. Following staff’s presentation, public testimony, and City Council discussion, the City Council introduced the ordinance for first reading by a 6:0 vote (Councilmember Lopez absent). The ordinance requires a second reading and adoption to become effective October 15, 2026.
During discussion of the proposed ordinance, the City Council directed staff to revise Section 30-10(f) to clarify that decisions of the Planning Commission on appeal from decisions of the Executive Director shall be subject to the appeal procedures set forth in Section 30-9 of Chapter 30, thereby allowing such decisions to be appealed to the City Council.
This change was deemed to be included in the first reading and has been incorporated into the ordinance attached as Exhibit 1. No other substantive changes have been made to the ordinance following first reading.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adoption of the proposed ordinance is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility the action may have a significant effect on the environment.
The ordinance establishes administrative and regulatory requirements related to the modification, maintenance, and transfer of historic properties and does not authorize physical construction or development.
Additionally, the action is not a project pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-19, will be filed for this Project.
FISCAL IMPACT
There is no direct fiscal impact associated with the proposed ordinance. The amendments are administrative and regulatory in nature and do not authorize physical improvements, require additional appropriations, or amend Division 1 (Historic Property Preservation Agreements) of Chapter 30, which governs the City’s Mills Act Program. Accordingly, City Council 23 – 2 9/15/2026
Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) – Second Reading
September 15, 2026
adoption of the ordinance will not affect property tax revenues or result in a fiscal impact to the City.
EXHIBIT(S)
1. Ordinance Amendment No. 2026-01 – Redline (Second Reading)
2. Ordinance Amendment No. 2026-01 – Clean (Second Reading) Submitted By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council 23 – 3 9/15/2026
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXXX
ORDINANCE AMENDMENT NO. 2026-01 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING PORTIONS OF CHAPTER 30 (PLACES OF
HISTORICAL AND ARCHITECTURAL SIGNIFICANCE) OF
THE SANTA ANA MUNICIPAL CODE RELATING TO THE
MODIFICATION OF HISTORIC PROPERTIES,
DEMOLITION BY NEGLECT, HISTORIC PROPERTY
TRANSFER DISCLOSURE, AND OTHER ITEMS OF AN
ADMINISTRATIVE NATURE, 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)
WHEREAS, on November 7, 2024, the Historic Resources Commission (HRC) established an Ad-Hoc Committee to assist staff with the Committee in preparing an ordinance establishing procedures for the modification of historic properties and regulations addressing demolition by neglect and historic property disclosure; and WHEREAS, on April 19, 2022, the City Council adopted the comprehensive General Plan Update, including the Historic Preservation Element, which supports the ongoing preservation, protection, and enhancement of the City’s historic and cultural resources; promotes the identification, designation, and stewardship of historic properties and districts; encourages rehabilitation and adaptive reuse consistent with the Secretary of the Interior’s Standards; and integrates historic preservation into the City’s broader land use, housing, economic development, and community planning efforts to maintain Santa Ana’s unique architectural character and sense of place; and WHEREAS, Ordinance Amendment No. 2026-01 amending Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code (SAMC) is consistent with the goals and policies of the City of Santa Ana General Plan, including Historic Preservation Goal HP-1 (Historic Areas and Resources) and Policies HP-1.1 (Architectural and Design Standards), HP-1.2 (Federal Standards for Rehabilitation), HP1.3 (Historic Districts and Design Standards), HP-1.4 (Protecting Resources), and HP-2.1 (Resource Stewardship); and
WHEREAS, the proposed ordinance is necessary for the preservation, maintenance, and long-term protection of designated historic properties and historic districts within the City; to establish clear and objective procedures and standards for the review of modifications to historic resources, including alterations to internal settings; to prevent demolition by neglect and the deterioration of historic fabric; and to require disclosure of historic designation during real property transactions in order to promote awareness and stewardship; and
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WHEREAS, the ordinance is consistent with the City’s adopted General Plan and Historic Preservation Element and reflects best practices used by other Certified Local Governments and jurisdictions with established historic preservation programs, thereby strengthening the City’s ability to safeguard its cultural, architectural, and historic resources for current and future generations; and
WHEREAS, on March 5, 2026, the Historic Resources Commission conducted a duly noticed public hearing to consider Ordinance Amendment No. 2026-01, received public testimony, and thereafter recommended that the City Council approve the proposed ordinance; and
WHEREAS, on June 2, 2026, the City Council approved for first reading Ordinance No. NS-3096 adopting the Fiscal Year 2026-27 Budget, which included direction to dissolve the Historic Resources Commission and reassign its duties to the Planning Commission; and
WHEREAS, on June 16, 2026, the City Council introduced for first reading an ordinance amending the Santa Ana Municipal Code to dissolve the Historic Resources Commission, reassign its duties to the Planning Commission, and amend Chapter 30 (Places of Historical and Architectural Significance) to replace references to the Historic Resources Commission with the Planning Commission; and
WHEREAS, on July 7, 2026, the City Council adopted Ordinance No. NS-3097 on second reading, which upon its effective date will dissolve the Historic Resources Commission and reassign its historic preservation powers and duties to the Planning Commission; and
WHEREAS, the amendments contained herein are intended to maintain continuity in the administration of Chapter 30 of the Santa Ana Municipal Code, ensure that historic preservation regulations continue to be administered without interruption, and align Ordinance Amendment No. 2026-01 with the City Council’s actions dissolving the Historic Resources Commission and reassigning its responsibilities to the Planning Commission; and
WHEREAS, on August 4, 2026, the City Council conducted a duly noticed public meeting to consider Ordinance Amendment No. 2026-01, received public comment, and introduced the ordinance, with direction that the City Clerk deem amended for first reading Section 30-10(f) to clarify that decisions of the Planning Commission made pursuant to Section 30-10 are subject to the appeal procedures set forth in Section 30-9 of Chapter 30 of the Santa Ana Municipal Code.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
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Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adoption of the proposed ordinance is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility the action may have a significant effect on the environment. The ordinance establishes administrative and regulatory requirements related to the modification, maintenance, and transfer of historic properties and does not authorize physical construction or development. Additionally, the action is not a project pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 3. Section 30-1 (Register of historical properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-1. Register of historical properties.
The planning commission may, by resolution and at a public hearing noticed in accordance with Section 30-2.5, designate as historic property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in section 30-2. The commission secretary shall maintain a register which shall consist of copies of each such resolution and which shall be known as the city register of historical properties (“register”). The planning commission may at any time repeal, revise, or modify any such resolution upon reconsideration of the historical or architectural importance of the places therein described. For CEQA purposes, consistent with State law, properties listed on the register shall be presumed to be historical resources under Public Resources Code Section 21084.1 unless otherwise determined by the lead agency.
Section 4. Section 30-1.5 (Definitions) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-1.5. Definitions.
(a) Buyer means a transferee in a real property transaction, and includes, but is not limited to, a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent with the object of entering into a real property transaction.
(b) Certificate of appropriateness means the method by which modifications to a historic property are approved pursuant to Section 30-6, which may be issued administratively by the planning department staff or by action of the planning commission, as required by code.
(c) Character-defining feature means any physical element, material, form, spatial arrangement, architectural detail, or environmental characteristic that conveys City Council 23 – 6 9/15/2026
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the historic, cultural, or architectural significance of a historic property or historic district. Character-defining features may include, but are not limited to, building form and massing; roof shape and materials; exterior cladding and finishes; window and door configurations; porches, balconies, fences, and other architectural details; workmanship and materials; associated landscape features, hardscaping, vegetation, and spatial relationships between structures and their setting. Character-defining features shall be those identified in the California Department of Parks and Recreation (DPR) 523 series forms prepared for the designation of the property, or as otherwise documented by planning department staff or the City’s consultants who meet the Secretary of the Interior’s Professional Qualification Standards for Architectural History or Historic Architecture.
(d) Dangerous building shall have the same definition as the Uniform Code for the Abatement of Dangerous Buildings which may from time to time be amended. (e) Demolition by neglect means a condition in which a historic property has not been physically razed or removed, but through the property owner’s willful or negligent acts or omissions, including failure to maintain the property in accordance with the minimum maintenance standards of this code, has deteriorated to the point that it is unsafe, uninhabitable, or incapable of reasonable rehabilitation or preservation as a historic resource, such that the resulting loss of structural or historic integrity, or character-defining features is functionally equivalent to demolition.
(f) Hardscaping means such features, including, but not limited to, driveways (including ribbon or Hollywood-style driveways), walking paths, planters, patios, playing courts, parking areas, and internal circulation systems, typically constructed with concrete, asphalt, paving stones, tiles, or wood. (g) Historic property shall include a building, structure, object or site designated as having historical significance and listed on the federal, state or local register of historical properties, as well as those contributing properties located in an historic district. A historic property shall include its internal setting, as defined in this section.
(h) Internal setting means the portion of a parcel or parcels containing a historic property that lies outside the footprint or footprints of existing building(s) and that contributes to the property’s historic character through its spatial organization, landscaping, hardscaping, fencing, or relationship to the principal structure. The internal setting includes those areas that are visible from the public right-of-way, including front yard areas subject to fencing regulations of this Code, or are otherwise identified as character-defining in the property’s designation record, California Department of Parks and Recreation (DPR) 523 series forms, or other documentation accepted by the City.
(i) Landscape feature means a constructed or fabricated accessory item added to a landscape, such as a pool, trellis, fountain, planter, or other landscape accessory.
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(j) Landscaping means the collective or component live vegetation plantings on a property, including but not limited to, grass, plants, shrubs, hedges, and trees. (k) Local historic district means a collection or group of historic properties within a defined area.
(l) Modification means any change, alteration, restoration, remodeling, rehabilitation, construction, or relocation of the physical exterior of a historic property. Modification shall not include ordinary repainting of previously painted surfaces in the same or substantially similar color and finish; provided, however, that repainting, overpainting, restoration, alteration, concealment, removal, relocation, or destruction of a designated object shall constitute a modification subject to this chapter.
(m) Owner means any person, co-partnership, association, corporation, or fiduciary having legal or equitable title or any interest in real property. (n) Primary facade means the principal exterior elevation of a historic property that was intentionally designed to face a public street or other prominent public space and that contains the primary entrance or the most architecturally significant composition of doors, windows, and character-defining features. A historic property may have more than one primary facade where multiple elevations were designed to function as principal elevations, including corner buildings or buildings with dual street frontages. The determination of a primary facade shall be based on historic documentation, architectural design, orientation, and the property’s historic relationship to the public right-of-way. (o) Real property transaction means the sale or exchange of any real property. (p) Register of historical properties means the official list of historic properties in the city.
(q) Routine maintenance means actions to preserve historic features without changing design, materials, or appearance (e.g., patching roof, repainting in like color, caulking). Work characterized as routine maintenance are actions that do not require a building permit; maintenance work requiring a building permit may be considered a minor exterior modification, for which an applicant must obtain a certificate of appropriateness.
(r) Secondary elevation means an exterior elevation of a historic property that is subordinate to the primary facade and was not intentionally designed to serve as a principal public-facing elevation. Secondary elevations are typically located along the side or rear of a historic property and generally contain fewer or less prominent character-defining features than the primary facade. A secondary elevation may nevertheless contain character-defining features and shall not be presumed to lack historic significance solely because it is not a primary facade. (s) Substantially obstruct means to significantly diminish or block the visibility of a historic property or its character-defining features from a public street or sidewalk in a manner that alters the property’s historic setting or public presence. In determining whether a view is substantially obstructed, the City may consider factors including, but not limited to, the height, massing, and density of City Council 23 – 8 9/15/2026
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landscaping; distance from the public right-of-way; location relative to key architectural features; seasonal and long-term vegetation growth; and the degree to which the proposed landscaping interferes with the ability to perceive the historic property as a whole.
(t) Substantially visible from the public right-of-way means that a structure or modification would be visible from a public street or sidewalk without obstruction by existing buildings, fencing, or existing mature landscaping and would be of sufficient height, mass, or location to affect the visual character of the historic property or its setting.
Section 5. Section 30-2 (Criteria for selection) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-2. Criteria for selection.
(a) Any person or group may request a building, or part thereof, structure, object or site, to be designated to be included on the register. The applicant must submit documentation that demonstrates how the nominated building, structure, object or site satisfies the criteria for designation. A building, structure, object, or site may be designated for inclusion on the register if the building, structure, object or site is fifty (50) or more years old and if the planning commission finds that one (1) or more of the following conditions are present:
(1) Buildings, structures or objects with distinguishing characteristics of an architectural style or period, that exemplify a particular architectural style or design features;
(2) Works of notable architects, builders, or designers whose style influenced architectural development;
(3) Rare buildings, structures, or objects of original designs; (4) Buildings, structures, objects or sites of historical significance which include places:
a. Where important events occurred;
b. Associated with famous people, original settlers, renowned organizations and businesses;
c. Which were originally present when the city was founded; or d. That served as important centers for political, social, economic, or cultural activity.
(5) Sites of archaeological importance;
(6) Buildings or structures that were connected with a business or use which was once common, but is now rare.
(b) The owner of a property(s) must be notified of its nomination upon receipt of an application by the Planning and Building Agency. Upon adoption of a resolution of designation and placement of the property on the register, such resolution City Council 23 – 9 9/15/2026
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shall be recorded with the county recorder’s office pursuant to California Public Resources Code Section 5029, as it may be amended from time to time. (c) Designation decisions of the planning commission shall be subject to the appeal procedures provided in section 30-9.
Section 6. Section 30-2.3 (Removal from the city register of historical properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-2.3. Removal from the city register of historical properties. (a) Any owner of a historic property may apply to the city for removal from the city register of historical properties. The planning commission shall by adoption of a resolution, following a public hearing noticed in accordance with Section 30-2.5, remove the historic property from the register if the historic property meets one or more of the following:
(1) The building, structure, object or site no longer meets the criteria for being placed on the register, as contained in Section 30-2; or (2) Discovery of information subsequent to placement on the register regarding the significance of the building, structure, object or site, such that the criteria for placement on the register is not met; or
(3) The building, structure, object or site has been substantially damaged or destroyed by a catastrophic event such that it no longer meets the criteria for placement on the register; or
(4) There has been a loss of the integrity of the building, structure, object or site, provided the loss of integrity was not the result of any illegal act or willful neglect by the owner or agent of the owner; or
(5) The owner proves that he/she would have no economically viable use of the property unless the building, structure, object or site is removed from the register.
(b) The planning commission shall give notice of its decision, which shall be final unless timely appealed pursuant to section 30-9.
Section 7. Section 30-2.5 (Notice of public hearing.) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-2.5. Notice of public hearing.
(a) Notice of any public hearing required pursuant to this chapter shall be provided to all property owners, and at least one (1) occupant per tenant space having a valid United States Postal Service address, within a five hundred-foot (500-foot) radius of the subject property within the city boundary.
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(b) Such notice shall be mailed not less than ten (10) calendar days prior to the scheduled public hearing and shall include the date, time, place, and a general description of the matter to be considered.
(c) Failure of any person to receive notice shall not affect the validity of any action taken pursuant to this chapter.
Section 8. Section 30-3 (Application of state historical building code) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-3. Application of state historical building code.
Any building or structure designated as having historical or architectural importance by inclusion in the register of shall be deemed a “qualified historical building or structure” for purposes of applying the state historical building code, as set forth in Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code of the State of California and Part 8 of Title 24 of the California Administrative Code. The city’s building official is authorized to apply said state historical building code to any such building or structure.
Section 9. Section 30-4 (Local historic districts) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-4. Local historic districts.
(a) The planning commission, after public hearing noticed, may recommend that the city council designate an area within the city as a local historic district. Notice of the public hearing shall:
(1) Be mailed by first-class mail to the owner of record of each property proposed for inclusion within the local historic district, as shown on the latest available Orange County assessment roll, not less than ten (10) calendar days prior to the hearing;
(2) Be mailed by first-class mail, not less than ten (10) calendar days prior to the hearing, to the owners of record and at least one occupant of each tenant space of all real property located, in whole or in part, within five hundred (500) feet of the proposed local historic district boundaries, as shown on the latest available Orange County assessment roll; (3) Be published in a newspaper of general circulation in the city in accordance with applicable state law;
(4) State the date, time, and place of the public hearing, identify the proposed local historic district, describe the purpose and effect of the proposed designation, and advise that interested persons may appear and be heard; and
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(5) Be supplemented by any additional notice the executive director or designee determines appropriate to provide meaningful public participation. (b) A local historic district shall be designated only if it meets one or more of the following standards:
(1) The area constitutes a distinct section of the city and has special character, historical, architectural, or aesthetic interest and value. (2) The area provides significant examples of architectural values of the past or landmarks in the history of architecture.
(3) The area serves as a reminder of past eras, events, or persons important in the history of the city, the county, the state or the United States of America or illustrates past living styles for future generations to observe, study, or inhabit.
(4) The area is the site of a historically or culturally significant ground, garden, or object.
(c) The city council, after receiving the recommendation from the planning commission, may by resolution designate the recommended area as a local historic district. At the time of the creation of the local historic district, the city council shall, by ordinance, adopt design and development standards for the district which shall include objective standards for review, maintenance expectations, and permitted alterations for the local historic district. (d) Following designation of a local historic district by the city council, the city clerk shall provide notice of the action to the owners of record of all properties within the designated district and shall cause the designation to be reflected in the city’s official records.
Section 10. Section 30-6 (Modification of historic properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-6. Modification of historic properties.
(a) Administrative Review.
(1) Except for modifications expressly requiring Planning Commission review, modifications to historic properties shall be reviewed and acted upon administratively by the Executive Director of the Planning and Building Agency, or designee. The Executive Director, or designee, shall issue a Certificate of Appropriateness pursuant to this subsection upon finding that the proposed modification is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and does not substantially impair the characterdefining features, historic setting, or integrity of the historic property. Issuance of a Certificate of Appropriateness pursuant to this subsection shall not require a public hearing.
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(2) Minor exterior modifications to a historic property are subject to administrative review and approval by the Executive Director, or designee, and may include, but are not limited to:
a. Like-for-like repairs or replacements using the same material and style as the original;
b. Restoration of original architectural features that are documented through pictorial evidence;
c. Skylights, light tubes, or solar panels that are located on rearfacing roof slopes and are not visible from the public right-of-way; d. Mechanical equipment, such as HVAC units or water heaters, that satisfies the Uniform Code requirements and the Santa Ana Municipal Code;
e. Structural, seismic, fire, accessibility, or other alterations required by the building official, Fire Marshal, or other applicable regulatory authority to address life-safety, accessibility, or code compliance, provided that such work is designed to minimize impacts to character-defining features and is consistent, to the extent feasible, with the Secretary of the Interior’s Standards;
f. New and replacement exterior light fixtures;
g. New and replacement signs or sign repairs that do not affect a sign identified as a character-defining feature;
h. Structural or foundation repairs; and
i. Patio shade structures that are not visible from the public right-ofway j. Creation of new window or door openings, enlargement or modification of existing openings, or installation of replacement windows or doors on elevations that are not substantially visible from the public right-of-way, provided the work is consistent with the Secretary of the Interior’s Standards and does not substantially impair character-defining features, the historic setting, or the integrity of the historic property.
(3) Minor modifications to the internal setting of a historic property are subject to administrative review and approval by the Executive Director, or designee, and may include, but are not limited to:
a. Construction of a new accessory building, excluding accessory dwelling units and junior accessory dwelling units, that would not be substantially visible from the public right-of-way. Administrative review under this subsection shall be limited to the architectural design, scale, massing, materials, placement, and compatibility of the structure with the historic property and its internal setting in order to preserve character-defining spatial relationships and historic City Council 23 – 13 9/15/2026
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context. Such review shall be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. b. Like-for-like replacement of a hardscaping feature, including a driveway, walkway, or parking lot, that is character-defining, or installation of a permanent landscape feature that would not substantially alter the historic setting of the property; c. Removal or replacement of a landscape feature, such as a pool, fountain, or trellis, that is not character-defining or addition of new landscape features; or
d. Changes to character-defining landscaping on a historic property categorized as Key or Contributive, or minor changes to the landscaping of a property categorized as Landmark that would not substantially alter the form or character of the landscaping. (b) Planning Commission Review
(1) No major exterior physical modifications or major modifications to the internal setting of a historic property identified in subsections (c) and (d) shall be permitted with respect to an historic property until the planning commission approves such request by resolution at a public hearing noticed in accordance with Section 30-2.5 and issues a Certificate of Appropriateness. The planning commission shall issue the Certificate of Appropriateness upon finding that the proposed modification(s) does not substantially change the character and integrity of the historic property. A project consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties will not substantially change a character-defining feature of the property or the general character and integrity of the historic property. The Secretary of the Interior’s Standards shall be the primary criteria for evaluating proposed modifications. Where local guidelines exist, they shall supplement but not conflict with the Secretary’s Standards. The minutes of the planning commission meeting shall serve as the official record.
(c) The following major exterior physical modifications shall require Planning Commission approval of a Certificate of Appropriateness:
(1) Demolition of a character-defining feature or portion of a historic property; (2) Construction of a new attached addition that:
a. Is located on, attached to, or substantially alters a primary facade, except that on a property containing more than one primary facade, the Executive Director, or designee, may administratively approve an addition on an additional primary facade upon finding that the addition is subordinate in height, scale, and massing and does not substantially impair the character-defining features, historic setting, or integrity of the historic property; or
b. Is substantially visible from the public right-of-way and is not subordinate in height, scale, and massing to the historic property. For City Council 23 – 14 9/15/2026
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purposes of this section, an addition is subordinate when it is visually secondary and smaller in scale, massing, and prominence than the historic property such that the addition does not overwhelm, obscure, or compete with the historic property or its character-defining features.
(3) Creation of new window or door openings, enlargement or infill of existing openings, or modifications that substantially alter the historic pattern of fenestration on a primary facade or other elevation identified as characterdefining in the property’s designation record and is substantially visible from the public right-of-way;
(4) Alteration, relocation, concealment, removal, overpainting, or destruction of a designated object;
(5) Any modification not otherwise identified in this section that the Executive Director determines, based upon substantial evidence in the record, would result in the demolition or substantial impairment of a character-defining feature of the historic property.
(d) Major modifications to the internal setting of historic property that require planning commission approval of a Certificate of Appropriateness may include, but are not limited to:
(1) Construction of a new detached accessory building, excluding accessory dwelling units and junior accessory dwelling units, or relocation of an existing building such that the new or relocated building would be substantially visible from the public right-of-way. Review by the planning commission shall be limited to the architectural design, scale, massing, materials, placement, and compatibility of the structure with the historic property and its internal setting in order to preserve character-defining spatial relationships, views, and the historic context of the site. Such review shall be consistent with the powers and duties of the planning commission as set forth in Section 2-350 of this Code and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(2) Changes to landscaping, hardscaping, and landscape features where:
a. The feature has been specifically identified as character-defining in the property’s California Department of Parks and Recreation Series 523 form prepared at the time of the property’s historic listing; or
b. The proposed work would substantially alter the historic setting of a property categorized as Landmark.
(e) An application for exterior modification of a historic property or a modification to the internal setting of a historic property shall be accompanied by payment of an application fee set in such amounts as shall be established by resolution of the city council.
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(f) The building official may determine a historic property is a dangerous building.
Modifications as determined necessary by the building official to correct the dangerous building shall not require a Certificate of Appropriateness.
Modifications shall be consistent with the overall architectural design and historic character of the structure and blend in with the surrounding environment. (g) The planning commission may impose and/or recommend conditions of approval deemed reasonable and necessary on applications that are subject to review and approval or recommendation by the planning commission. (h) Routine maintenance of historic properties, as defined by this chapter, shall be exempt from the modifications requirements of section 30-6.
Section 11. Section 30-7 (Demolition of historic properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-7. Demolition of historic properties.
(a) An application of intent to demolish an historic property shall be submitted to the Planning and Building Agency. The planning commission, at a public hearing noticed in accordance with Section 30-2.5, shall review all applications for demolition permits for historic properties. The commission shall investigate all feasible alternatives to demolition. These alternatives include, but are not limited to:
(1) Seeking private citizens, local trusts, and other financial sources who may be willing to purchase the structure for restoration or relocation. (2) Publicizing the availability of the structure for purchase for restoration or relocation purposes.
(3) Exploring possible sites for relocation of the historic building if on-site preservation is not possible. Any structure relocated under this section shall not require a residential relocation permit, pursuant to section 41-620 of this Code.
(4) Suggesting to the city council that the city purchase the structure when private preservation or relocation is not feasible.
(b) All of the above items are to be completed within two hundred and forty (240) days from the date of application submittal. After two hundred and forty (240) days, or at the conclusion of the environmental review period, whichever is longer, a demolition permit must be issued. Prior to the issuance of the demolition permit, the applicant shall provide, to the reasonable satisfaction of the commission, and at the applicant’s sole cost, a salvage/mitigation plan, complete photo-documentation of archival quality and historical profile of the structure to be demolished, prior to the scheduling of the demolition. (c) The building official may determine a historic property is a dangerous building.
Such determination allows the waiver of planning commission review and the City Council 23 – 16 9/15/2026
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required review period for demolition if the historic property is declared a dangerous building.
A determination that a historic property is dangerous shall not preclude a finding that demolition by neglect, as defined in this chapter, has occurred. If the dangerous condition is a result of the owner’s willful or negligent acts or omissions, including failure to comply with the minimum maintenance standards set forth in Section 30-8, the owner shall remain subject to the remedies and enforcement provisions of this chapter, including but not limited to the construction and planning prohibition identified in subsection (d). (d) If the building official determines the historic property meets the definition of demolition by neglect as set forth in this chapter, or that a historic property has been wholly or partially demolished, removed, or materially altered without the required permits or approvals, and further determines that the property is a dangerous building and must be removed as a result of the owner’s or owner’s agent’s failure to adhere to minimum maintenance standards for historic properties as identified in Section 30-8, the following remedial actions shall be taken:
(1) The building official shall notify the owner, or owner’s agent, in writing of the violation within ten (10) business days of the determination. The owner shall effect the removal and disposal of the deteriorated building(s) or structure(s) within sixty (60) days from the date the determination becomes final, including the conclusion of any appeal process. Notwithstanding the foregoing, where the building official determines that an immediate threat to public health or safety exists, the building official may require corrective action within a shorter timeframe as necessary to address the hazard; (2) In addition to any other remedies provided in this chapter, where the building official determines that a historic property has been demolished as a result of demolition by neglect, or has been wholly or partially demolished, removed, or materially altered without the required permits or approvals, the Executive Director of the Planning and Building Agency, or designee, may impose a prohibition on the issuance of discretionary planning approvals and building permits related to new construction on the affected property for a period not to exceed three (3) years.
The duration of the prohibition shall be determined by the Executive Director, or designee, based on substantial evidence in the record. In determining the appropriate length of the prohibition, the Executive Director, or designee, may consider factors including, but not limited to:
a. The degree of deterioration and loss of historic fabric; b. Whether the demolition was willful, negligent, or unavoidable; c. The extent to which the owner failed to comply with prior notices, citations, or orders;
d. Any efforts made by the owner to preserve or repair the historic property;
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e. The economic feasibility of repair or maintenance prior to demolition;
f. Whether strict imposition of the maximum prohibition would deprive the owner of all reasonable use of the property;
g. The impact of the demolition on the historic district or surrounding community; and
h. Any other relevant factors.
The prohibition period shall commence on the date the City obtained actual knowledge of the demolition or the date of final determination following any appeal, whichever is later. Ministerial permits required to protect public health and safety or to stabilize the site shall not be subject to this prohibition.
(3) During the prohibition period, the owner, or the owner’s agent, shall maintain the property in compliance, including any vacant condition resulting from demolition, with the requirements of Chapter 8, Division 3, Article 10 of this Code, as it may be amended from time to time. (e) The owner of a historic property may appeal any city official’s determination pursuant to the appeal procedures set forth in Chapter 3 of this Code. Any such appeal shall be filed within ten (10) calendar days of the date of the written determination. The filing of a timely appeal shall stay enforcement of the determination unless the building official determines that an immediate threat to public health or safety exists. The hearing officer(s) shall affirm, modify, or reverse the determination based on substantial evidence in the record.
Section 12. Section 30-8 (Minimum maintenance standards) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-8. Minimum maintenance standards.
(a) All historic properties must be physically maintained such that they remain eligible for historical designation and the building is not in a hazardous or unsafe condition. The owner of a historic property shall adhere to the minimum maintenance standards in this subsection. A property will be in violation of minimum maintenance standards to preserve the historical eligibility and safe condition of a historic property if one or more of the conditions detailed in this section is present. Research to determine the historic character of the property may include, but not be limited to, a review of the California Department of Parks and Recreation Series 523 forms prepared at the time of the property’s historic listing, building plans, building permits, historical photographs, and any available public information.
(1) Deterioration of exterior walls, foundations or other vertical supports that causes leaning, sagging, splitting, listing or buckling; City Council 23 – 18 9/15/2026
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(2) Deterioration of flooring or floor supports or other horizontal members that causes leaning, sagging, splitting, listing or buckling; (3) Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling;
(4) Deterioration of crumbling exterior plasters or mortars; (5) Ineffective waterproofing of exterior walls, roofs, foundations including broken windows and doors;
(6) Defective protection or lack of weather protection for exterior walls and roof coverings including lack of paint or weathering due to lack of paint or other protective covering;
(7) Rotting holes or other forms of decay;
(8) Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornament, trim and other architectural details that cause delamination, instability, loss of shape and form and crumbling;
(9) Unsecured points of ingress and egress, such that the building may be the site of persistent vandalism, squatting, or trespassing; (10) Deteriorated or intentionally removed architectural features identified as character-defining;
(11) Neglect, deterioration, or intentional damage to live vegetation or landscape elements identified as character-defining, where such neglect results in the loss of historic integrity, character, or eligibility of the historic property. (b) The building official may determine that historic property exhibits one or more conditions listed in subsection 30.8(a), or another condition of deterioration, but is not dangerous to the extent that it would require demolition without planning commission review, as outlined in Sec. 30-7(c).
Section 13. Section 30-9 (Appeals from decisions of planning commission) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-9. Appeals from decisions of planning commission. (a) An appeal from a decision or requirement of the planning commission may be made by any interested party, individual or group.
(b) Any appeal made under the terms of this section shall be made within ten (10) calendar days following the date of the decision by the planning commission, and shall be accompanied by payment of an appeal fee set in such amounts as shall be established by resolution of the city council. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the planning commission. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the City Council 23 – 19 9/15/2026
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next regular business day. The formal action by the planning commission shall become effective on the day following the first regularly scheduled council meeting after the ten-day appeal period, unless the city council, in compliance with section 41-643, section 41-644 or section 41-645, holds a public hearing on the matter, then the decision of the city council will become effective on the day following the hearing and decision by the city council. (c) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the commission. Furthermore, a copy of such appeal shall be filed with the planning department and the city clerk.
(d) Upon receipt of such appeal, the planning department shall set the matter for hearing by the council.
(e) All appeals shall be heard in the same manner as prescribed for the original hearing.
(f) Upon filing of an appeal, the planning department shall forward to the city clerk a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission was based.
(g) The council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. The council may also make findings, based on substantial evidence in the record, that demolition by neglect, as defined in this chapter, has occurred, and may impose or uphold remedies and enforcement actions consistent with the provisions of this chapter.
Such decision shall be filed with the city clerk, and the city planning department; one (1) copy thereof shall be sent to the applicant.
Section 14. Section 30-10 (Appeals from decisions or recommendations of planning department staff) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-10. Appeals from decisions of the Executive Director. (a) The following decisions of the Executive Director, or designee, may be appealed to the planning commission:
(1) The issuance, denial, or conditioning of a Certificate of Appropriateness issued administratively pursuant to Section 30-6, by any interested party, individual or group; and
(2) The identification of a character-defining feature or features, by the owner of the affected property.
(b) Any appeal made under the terms of this section shall be made within ten (10) calendar days following the date of the decision by the Executive Director.
Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the Executive Director. If such tenth City Council 23 – 20 9/15/2026
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calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.
(c) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision by the Executive Director. The appeal shall be accompanied by the applicable appeal fee, together with any plans, supporting documentation, mailing materials, or other information required by the Executive Director to determine the completeness of the appeal and to process the public hearing.
(d) Upon receipt of such appeal, the planning department shall schedule the matter for hearing by the planning commission at the next available regularly scheduled meeting for which required public notice can be provided in accordance with Section 30-2.5. The planning commission, in making its determination, shall consider the record and such additional evidence deemed relevant and received by it at such hearing. The planning commission, in making such determination, shall be governed by the terms and provisions of this chapter. (e) The planning commission may, after the public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the secretary of the planning commission, and the city planning department; one (1) copy thereof shall be sent to the applicant. (f) The decision of the planning commission under this section may be appealed to the City Council pursuant to the appeal procedures set forth in Section 30-9 of this chapter. in concerning an appeal of a decision or recommendation of planning department staff shall be final.
Section 15. Section 30-11 (Historic property disclosure) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-11. Historic property disclosure.
(a) If real property is a historic property, as defined by this chapter, including any contributor to a historic district listed on the Register, National Register of Historic Places, or California Register of Historical Resources, or is located within the Heninger Park Specific Development No. 40 (SD-40) zoning designation, the owner of the property shall, in any real property transaction, provide the buyer of the property with a disclosure notice informing the buyer of the property’s historic property status or applicable historic preservation regulations.
(b) The owner shall provide the notice to the buyer before transfer of title. The notice shall consist of a specific disclosure form made accessible to the public by the city, electronically and/or physically. The owner and buyer shall sign the form and each retain a physical or digital copy of the disclosure form.
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Section 16. Section 30-9—30-24 (Reserved) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-12—30-24. Reserved.
Section 17. 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 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
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 23 – 23 9/15/2026
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
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ORDINANCE NO. NS-XXXX
ORDINANCE AMENDMENT NO. 2026-01 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING PORTIONS OF CHAPTER 30 (PLACES OF
HISTORICAL AND ARCHITECTURAL SIGNIFICANCE) OF
THE SANTA ANA MUNICIPAL CODE RELATING TO THE
MODIFICATION OF HISTORIC PROPERTIES,
DEMOLITION BY NEGLECT, HISTORIC PROPERTY
TRANSFER DISCLOSURE, AND OTHER ITEMS OF AN
ADMINISTRATIVE NATURE, 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)
WHEREAS, on November 7, 2024, the Historic Resources Commission (HRC) established an Ad-Hoc Committee to assist staff with the Committee in preparing an ordinance establishing procedures for the modification of historic properties and regulations addressing demolition by neglect and historic property disclosure; and WHEREAS, on April 19, 2022, the City Council adopted the comprehensive General Plan Update, including the Historic Preservation Element, which supports the ongoing preservation, protection, and enhancement of the City’s historic and cultural resources; promotes the identification, designation, and stewardship of historic properties and districts; encourages rehabilitation and adaptive reuse consistent with the Secretary of the Interior’s Standards; and integrates historic preservation into the City’s broader land use, housing, economic development, and community planning efforts to maintain Santa Ana’s unique architectural character and sense of place; and WHEREAS, Ordinance Amendment No. 2026-01 amending Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code (SAMC) is consistent with the goals and policies of the City of Santa Ana General Plan, including Historic Preservation Goal HP-1 (Historic Areas and Resources) and Policies HP-1.1 (Architectural and Design Standards), HP-1.2 (Federal Standards for Rehabilitation), HP1.3 (Historic Districts and Design Standards), HP-1.4 (Protecting Resources), and HP-2.1 (Resource Stewardship); and
WHEREAS, the proposed ordinance is necessary for the preservation, maintenance, and long-term protection of designated historic properties and historic districts within the City; to establish clear and objective procedures and standards for the review of modifications to historic resources, including alterations to internal settings; to prevent demolition by neglect and the deterioration of historic fabric; and to require disclosure of historic designation during real property transactions in order to promote awareness and stewardship; and
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WHEREAS, the ordinance is consistent with the City’s adopted General Plan and Historic Preservation Element and reflects best practices used by other Certified Local Governments and jurisdictions with established historic preservation programs, thereby strengthening the City’s ability to safeguard its cultural, architectural, and historic resources for current and future generations; and
WHEREAS, on March 5, 2026, the Historic Resources Commission conducted a duly noticed public hearing to consider Ordinance Amendment No. 2026-01, received public testimony, and thereafter recommended that the City Council approve the proposed ordinance; and
WHEREAS, on June 2, 2026, the City Council approved for first reading Ordinance No. NS-3096 adopting the Fiscal Year 2026-27 Budget, which included direction to dissolve the Historic Resources Commission and reassign its duties to the Planning Commission; and
WHEREAS, on June 16, 2026, the City Council introduced for first reading an ordinance amending the Santa Ana Municipal Code to dissolve the Historic Resources Commission, reassign its duties to the Planning Commission, and amend Chapter 30 (Places of Historical and Architectural Significance) to replace references to the Historic Resources Commission with the Planning Commission; and
WHEREAS, on July 7, 2026, the City Council adopted Ordinance No. NS-3097 on second reading, which upon its effective date will dissolve the Historic Resources Commission and reassign its historic preservation powers and duties to the Planning Commission; and
WHEREAS, the amendments contained herein are intended to maintain continuity in the administration of Chapter 30 of the Santa Ana Municipal Code, ensure that historic preservation regulations continue to be administered without interruption, and align Ordinance Amendment No. 2026-01 with the City Council’s actions dissolving the Historic Resources Commission and reassigning its responsibilities to the Planning Commission; and
WHEREAS, on August 4, 2026, the City Council conducted a duly noticed public meeting to consider Ordinance Amendment No. 2026-01, received public comment, and introduced the ordinance, with direction that the City Clerk deem amended for first reading Section 30-10(f) to clarify that decisions of the Planning Commission made pursuant to Section 30-10 are subject to the appeal procedures set forth in Section 30-9 of Chapter 30 of the Santa Ana Municipal Code.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
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Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adoption of the proposed ordinance is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility the action may have a significant effect on the environment. The ordinance establishes administrative and regulatory requirements related to the modification, maintenance, and transfer of historic properties and does not authorize physical construction or development. Additionally, the action is not a project pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 3. Section 30-1 (Register of historical properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-1. Register of historical properties.
The planning commission may, by resolution and at a public hearing noticed in accordance with Section 30-2.5, designate as historic property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in section 30-2. The commission secretary shall maintain a register which shall consist of copies of each such resolution and which shall be known as the city register of historical properties (“register”). The planning commission may at any time repeal, revise, or modify any such resolution upon reconsideration of the historical or architectural importance of the places therein described. For CEQA purposes, consistent with State law, properties listed on the register shall be presumed to be historical resources under Public Resources Code Section 21084.1 unless otherwise determined by the lead agency.
Section 4. Section 30-1.5 (Definitions) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-1.5. Definitions.
(a) Buyer means a transferee in a real property transaction, and includes, but is not limited to, a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent with the object of entering into a real property transaction.
(b) Certificate of appropriateness means the method by which modifications to a historic property are approved pursuant to Section 30-6, which may be issued administratively by the planning department staff or by action of the planning commission, as required by code.
(c) Character-defining feature means any physical element, material, form, spatial arrangement, architectural detail, or environmental characteristic that conveys City Council 23 – 27 9/15/2026
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the historic, cultural, or architectural significance of a historic property or historic district. Character-defining features may include, but are not limited to, building form and massing; roof shape and materials; exterior cladding and finishes; window and door configurations; porches, balconies, fences, and other architectural details; workmanship and materials; associated landscape features, hardscaping, vegetation, and spatial relationships between structures and their setting. Character-defining features shall be those identified in the California Department of Parks and Recreation (DPR) 523 series forms prepared for the designation of the property, or as otherwise documented by planning department staff or the City’s consultants who meet the Secretary of the Interior’s Professional Qualification Standards for Architectural History or Historic Architecture.
(d) Dangerous building shall have the same definition as the Uniform Code for the Abatement of Dangerous Buildings which may from time to time be amended. (e) Demolition by neglect means a condition in which a historic property has not been physically razed or removed, but through the property owner’s willful or negligent acts or omissions, including failure to maintain the property in accordance with the minimum maintenance standards of this code, has deteriorated to the point that it is unsafe, uninhabitable, or incapable of reasonable rehabilitation or preservation as a historic resource, such that the resulting loss of structural or historic integrity, or character-defining features is functionally equivalent to demolition.
(f) Hardscaping means such features, including, but not limited to, driveways (including ribbon or Hollywood-style driveways), walking paths, planters, patios, playing courts, parking areas, and internal circulation systems, typically constructed with concrete, asphalt, paving stones, tiles, or wood. (g) Historic property shall include a building, structure, object or site designated as having historical significance and listed on the federal, state or local register of historical properties, as well as those contributing properties located in an historic district. A historic property shall include its internal setting, as defined in this section.
(h) Internal setting means the portion of a parcel or parcels containing a historic property that lies outside the footprint or footprints of existing building(s) and that contributes to the property’s historic character through its spatial organization, landscaping, hardscaping, fencing, or relationship to the principal structure. The internal setting includes those areas that are visible from the public right-of-way, including front yard areas subject to fencing regulations of this Code, or are otherwise identified as character-defining in the property’s designation record, California Department of Parks and Recreation (DPR) 523 series forms, or other documentation accepted by the City.
(i) Landscape feature means a constructed or fabricated accessory item added to a landscape, such as a pool, trellis, fountain, planter, or other landscape accessory.
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(j) Landscaping means the collective or component live vegetation plantings on a property, including but not limited to, grass, plants, shrubs, hedges, and trees. (k) Local historic district means a collection or group of historic properties within a defined area.
(l) Modification means any change, alteration, restoration, remodeling, rehabilitation, construction, or relocation of the physical exterior of a historic property. Modification shall not include ordinary repainting of previously painted surfaces in the same or substantially similar color and finish; provided, however, that repainting, overpainting, restoration, alteration, concealment, removal, relocation, or destruction of a designated object shall constitute a modification subject to this chapter.
(m) Owner means any person, co-partnership, association, corporation, or fiduciary having legal or equitable title or any interest in real property. (n) Primary facade means the principal exterior elevation of a historic property that was intentionally designed to face a public street or other prominent public space and that contains the primary entrance or the most architecturally significant composition of doors, windows, and character-defining features. A historic property may have more than one primary facade where multiple elevations were designed to function as principal elevations, including corner buildings or buildings with dual street frontages. The determination of a primary facade shall be based on historic documentation, architectural design, orientation, and the property’s historic relationship to the public right-of-way. (o) Real property transaction means the sale or exchange of any real property. (p) Register of historical properties means the official list of historic properties in the city.
(q) Routine maintenance means actions to preserve historic features without changing design, materials, or appearance (e.g., patching roof, repainting in like color, caulking). Work characterized as routine maintenance are actions that do not require a building permit; maintenance work requiring a building permit may be considered a minor exterior modification, for which an applicant must obtain a certificate of appropriateness.
(r) Secondary elevation means an exterior elevation of a historic property that is subordinate to the primary facade and was not intentionally designed to serve as a principal public-facing elevation. Secondary elevations are typically located along the side or rear of a historic property and generally contain fewer or less prominent character-defining features than the primary facade. A secondary elevation may nevertheless contain character-defining features and shall not be presumed to lack historic significance solely because it is not a primary facade. (s) Substantially obstruct means to significantly diminish or block the visibility of a historic property or its character-defining features from a public street or sidewalk in a manner that alters the property’s historic setting or public presence. In determining whether a view is substantially obstructed, the City may consider factors including, but not limited to, the height, massing, and density of City Council 23 – 29 9/15/2026
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landscaping; distance from the public right-of-way; location relative to key architectural features; seasonal and long-term vegetation growth; and the degree to which the proposed landscaping interferes with the ability to perceive the historic property as a whole.
(t) Substantially visible from the public right-of-way means that a structure or modification would be visible from a public street or sidewalk without obstruction by existing buildings, fencing, or existing mature landscaping and would be of sufficient height, mass, or location to affect the visual character of the historic property or its setting.
Section 5. Section 30-2 (Criteria for selection) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-2. Criteria for selection.
(a) Any person or group may request a building, or part thereof, structure, object or site, to be designated to be included on the register. The applicant must submit documentation that demonstrates how the nominated building, structure, object or site satisfies the criteria for designation. A building, structure, object, or site may be designated for inclusion on the register if the building, structure, object or site is fifty (50) or more years old and if the planning commission finds that one (1) or more of the following conditions are present:
(1) Buildings, structures or objects with distinguishing characteristics of an architectural style or period, that exemplify a particular architectural style or design features;
(2) Works of notable architects, builders, or designers whose style influenced architectural development;
(3) Rare buildings, structures, or objects of original designs; (4) Buildings, structures, objects or sites of historical significance which include places:
a. Where important events occurred;
b. Associated with famous people, original settlers, renowned organizations and businesses;
c. Which were originally present when the city was founded; or d. That served as important centers for political, social, economic, or cultural activity.
(5) Sites of archaeological importance;
(6) Buildings or structures that were connected with a business or use which was once common, but is now rare.
(b) The owner of a property(s) must be notified of its nomination upon receipt of an application by the Planning and Building Agency. Upon adoption of a resolution of designation and placement of the property on the register, such resolution City Council 23 – 30 9/15/2026
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shall be recorded with the county recorder’s office pursuant to California Public Resources Code Section 5029, as it may be amended from time to time. (c) Designation decisions of the planning commission shall be subject to the appeal procedures provided in section 30-9.
Section 6. Section 30-2.3 (Removal from the city register of historical properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-2.3. Removal from the city register of historical properties. (a) Any owner of a historic property may apply to the city for removal from the city register of historical properties. The planning commission shall by adoption of a resolution, following a public hearing noticed in accordance with Section 30-2.5, remove the historic property from the register if the historic property meets one or more of the following:
(1) The building, structure, object or site no longer meets the criteria for being placed on the register, as contained in Section 30-2; or (2) Discovery of information subsequent to placement on the register regarding the significance of the building, structure, object or site, such that the criteria for placement on the register is not met; or
(3) The building, structure, object or site has been substantially damaged or destroyed by a catastrophic event such that it no longer meets the criteria for placement on the register; or
(4) There has been a loss of the integrity of the building, structure, object or site, provided the loss of integrity was not the result of any illegal act or willful neglect by the owner or agent of the owner; or
(5) The owner proves that he/she would have no economically viable use of the property unless the building, structure, object or site is removed from the register.
(b) The planning commission shall give notice of its decision, which shall be final unless timely appealed pursuant to section 30-9.
Section 7. Section 30-2.5 (Notice of public hearing.) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-2.5. Notice of public hearing.
(a) Notice of any public hearing required pursuant to this chapter shall be provided to all property owners, and at least one (1) occupant per tenant space having a valid United States Postal Service address, within a five hundred-foot (500-foot) radius of the subject property within the city boundary.
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(b) Such notice shall be mailed not less than ten (10) calendar days prior to the scheduled public hearing and shall include the date, time, place, and a general description of the matter to be considered.
(c) Failure of any person to receive notice shall not affect the validity of any action taken pursuant to this chapter.
Section 8. Section 30-3 (Application of state historical building code) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-3. Application of state historical building code.
Any building or structure designated as having historical or architectural importance by inclusion in the register of shall be deemed a “qualified historical building or structure” for purposes of applying the state historical building code, as set forth in Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code of the State of California and Part 8 of Title 24 of the California Administrative Code. The city’s building official is authorized to apply said state historical building code to any such building or structure.
Section 9. Section 30-4 (Local historic districts) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-4. Local historic districts.
(a) The planning commission, after public hearing noticed, may recommend that the city council designate an area within the city as a local historic district. Notice of the public hearing shall:
(1) Be mailed by first-class mail to the owner of record of each property proposed for inclusion within the local historic district, as shown on the latest available Orange County assessment roll, not less than ten (10) calendar days prior to the hearing;
(2) Be mailed by first-class mail, not less than ten (10) calendar days prior to the hearing, to the owners of record and at least one occupant of each tenant space of all real property located, in whole or in part, within five hundred (500) feet of the proposed local historic district boundaries, as shown on the latest available Orange County assessment roll; (3) Be published in a newspaper of general circulation in the city in accordance with applicable state law;
(4) State the date, time, and place of the public hearing, identify the proposed local historic district, describe the purpose and effect of the proposed designation, and advise that interested persons may appear and be heard; and
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(5) Be supplemented by any additional notice the executive director or designee determines appropriate to provide meaningful public participation. (b) A local historic district shall be designated only if it meets one or more of the following standards:
(1) The area constitutes a distinct section of the city and has special character, historical, architectural, or aesthetic interest and value. (2) The area provides significant examples of architectural values of the past or landmarks in the history of architecture.
(3) The area serves as a reminder of past eras, events, or persons important in the history of the city, the county, the state or the United States of America or illustrates past living styles for future generations to observe, study, or inhabit.
(4) The area is the site of a historically or culturally significant ground, garden, or object.
(c) The city council, after receiving the recommendation from the planning commission, may by resolution designate the recommended area as a local historic district. At the time of the creation of the local historic district, the city council shall, by ordinance, adopt design and development standards for the district which shall include objective standards for review, maintenance expectations, and permitted alterations for the local historic district. (d) Following designation of a local historic district by the city council, the city clerk shall provide notice of the action to the owners of record of all properties within the designated district and shall cause the designation to be reflected in the city’s official records.
Section 10. Section 30-6 (Modification of historic properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-6. Modification of historic properties.
(a) Administrative Review.
(1) Except for modifications expressly requiring Planning Commission review, modifications to historic properties shall be reviewed and acted upon administratively by the Executive Director of the Planning and Building Agency, or designee. The Executive Director, or designee, shall issue a Certificate of Appropriateness pursuant to this subsection upon finding that the proposed modification is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and does not substantially impair the characterdefining features, historic setting, or integrity of the historic property. Issuance of a Certificate of Appropriateness pursuant to this subsection shall not require a public hearing.
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(2) Minor exterior modifications to a historic property are subject to administrative review and approval by the Executive Director, or designee, and may include, but are not limited to:
a. Like-for-like repairs or replacements using the same material and style as the original;
b. Restoration of original architectural features that are documented through pictorial evidence;
c. Skylights, light tubes, or solar panels that are located on rearfacing roof slopes and are not visible from the public right-of-way; d. Mechanical equipment, such as HVAC units or water heaters, that satisfies the Uniform Code requirements and the Santa Ana Municipal Code;
e. Structural, seismic, fire, accessibility, or other alterations required by the building official, Fire Marshal, or other applicable regulatory authority to address life-safety, accessibility, or code compliance, provided that such work is designed to minimize impacts to character-defining features and is consistent, to the extent feasible, with the Secretary of the Interior’s Standards;
f. New and replacement exterior light fixtures;
g. New and replacement signs or sign repairs that do not affect a sign identified as a character-defining feature;
h. Structural or foundation repairs; and
i. Patio shade structures that are not visible from the public right-ofway j. Creation of new window or door openings, enlargement or modification of existing openings, or installation of replacement windows or doors on elevations that are not substantially visible from the public right-of-way, provided the work is consistent with the Secretary of the Interior’s Standards and does not substantially impair character-defining features, the historic setting, or the integrity of the historic property.
(3) Minor modifications to the internal setting of a historic property are subject to administrative review and approval by the Executive Director, or designee, and may include, but are not limited to:
a. Construction of a new accessory building, excluding accessory dwelling units and junior accessory dwelling units, that would not be substantially visible from the public right-of-way. Administrative review under this subsection shall be limited to the architectural design, scale, massing, materials, placement, and compatibility of the structure with the historic property and its internal setting in order to preserve character-defining spatial relationships and historic City Council 23 – 34 9/15/2026
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context. Such review shall be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. b. Like-for-like replacement of a hardscaping feature, including a driveway, walkway, or parking lot, that is character-defining, or installation of a permanent landscape feature that would not substantially alter the historic setting of the property; c. Removal or replacement of a landscape feature, such as a pool, fountain, or trellis, that is not character-defining or addition of new landscape features; or
d. Changes to character-defining landscaping on a historic property categorized as Key or Contributive, or minor changes to the landscaping of a property categorized as Landmark that would not substantially alter the form or character of the landscaping. (b) Planning Commission Review
(1) No major exterior physical modifications or major modifications to the internal setting of a historic property identified in subsections (c) and (d) shall be permitted with respect to an historic property until the planning commission approves such request by resolution at a public hearing noticed in accordance with Section 30-2.5 and issues a Certificate of Appropriateness. The planning commission shall issue the Certificate of Appropriateness upon finding that the proposed modification(s) does not substantially change the character and integrity of the historic property. A project consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties will not substantially change a character-defining feature of the property or the general character and integrity of the historic property. The Secretary of the Interior’s Standards shall be the primary criteria for evaluating proposed modifications. Where local guidelines exist, they shall supplement but not conflict with the Secretary’s Standards. The minutes of the planning commission meeting shall serve as the official record.
(c) The following major exterior physical modifications shall require Planning Commission approval of a Certificate of Appropriateness:
(1) Demolition of a character-defining feature or portion of a historic property; (2) Construction of a new attached addition that:
a. Is located on, attached to, or substantially alters a primary facade, except that on a property containing more than one primary facade, the Executive Director, or designee, may administratively approve an addition on an additional primary facade upon finding that the addition is subordinate in height, scale, and massing and does not substantially impair the character-defining features, historic setting, or integrity of the historic property; or
b. Is substantially visible from the public right-of-way and is not subordinate in height, scale, and massing to the historic property. For City Council 23 – 35 9/15/2026
Ordinance No. NS-XXX
purposes of this section, an addition is subordinate when it is visually secondary and smaller in scale, massing, and prominence than the historic property such that the addition does not overwhelm, obscure, or compete with the historic property or its character-defining features.
(3) Creation of new window or door openings, enlargement or infill of existing openings, or modifications that substantially alter the historic pattern of fenestration on a primary facade or other elevation identified as characterdefining in the property’s designation record and is substantially visible from the public right-of-way;
(4) Alteration, relocation, concealment, removal, overpainting, or destruction of a designated object;
(5) Any modification not otherwise identified in this section that the Executive Director determines, based upon substantial evidence in the record, would result in the demolition or substantial impairment of a character-defining feature of the historic property.
(d) Major modifications to the internal setting of historic property that require planning commission approval of a Certificate of Appropriateness may include, but are not limited to:
(1) Construction of a new detached accessory building, excluding accessory dwelling units and junior accessory dwelling units, or relocation of an existing building such that the new or relocated building would be substantially visible from the public right-of-way. Review by the planning commission shall be limited to the architectural design, scale, massing, materials, placement, and compatibility of the structure with the historic property and its internal setting in order to preserve character-defining spatial relationships, views, and the historic context of the site. Such review shall be consistent with the powers and duties of the planning commission as set forth in Section 2-350 of this Code and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(2) Changes to landscaping, hardscaping, and landscape features where:
a. The feature has been specifically identified as character-defining in the property’s California Department of Parks and Recreation Series 523 form prepared at the time of the property’s historic listing; or
b. The proposed work would substantially alter the historic setting of a property categorized as Landmark.
(e) An application for exterior modification of a historic property or a modification to the internal setting of a historic property shall be accompanied by payment of an application fee set in such amounts as shall be established by resolution of the city council.
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(f) The building official may determine a historic property is a dangerous building.
Modifications as determined necessary by the building official to correct the dangerous building shall not require a Certificate of Appropriateness.
Modifications shall be consistent with the overall architectural design and historic character of the structure and blend in with the surrounding environment. (g) The planning commission may impose and/or recommend conditions of approval deemed reasonable and necessary on applications that are subject to review and approval or recommendation by the planning commission. (h) Routine maintenance of historic properties, as defined by this chapter, shall be exempt from the modifications requirements of section 30-6.
Section 11. Section 30-7 (Demolition of historic properties) of Chapter 30 of the SAMC is hereby amended to read as follows:
Section 30-7. Demolition of historic properties.
(a) An application of intent to demolish an historic property shall be submitted to the Planning and Building Agency. The planning commission, at a public hearing noticed in accordance with Section 30-2.5, shall review all applications for demolition permits for historic properties. The commission shall investigate all feasible alternatives to demolition. These alternatives include, but are not limited to:
(1) Seeking private citizens, local trusts, and other financial sources who may be willing to purchase the structure for restoration or relocation. (2) Publicizing the availability of the structure for purchase for restoration or relocation purposes.
(3) Exploring possible sites for relocation of the historic building if on-site preservation is not possible. Any structure relocated under this section shall not require a residential relocation permit, pursuant to section 41-620 of this Code.
(4) Suggesting to the city council that the city purchase the structure when private preservation or relocation is not feasible.
(b) All of the above items are to be completed within two hundred and forty (240) days from the date of application submittal. After two hundred and forty (240) days, or at the conclusion of the environmental review period, whichever is longer, a demolition permit must be issued. Prior to the issuance of the demolition permit, the applicant shall provide, to the reasonable satisfaction of the commission, and at the applicant’s sole cost, a salvage/mitigation plan, complete photo-documentation of archival quality and historical profile of the structure to be demolished, prior to the scheduling of the demolition. (c) The building official may determine a historic property is a dangerous building.
Such determination allows the waiver of planning commission review and the City Council 23 – 37 9/15/2026
Ordinance No. NS-XXX
required review period for demolition if the historic property is declared a dangerous building.
A determination that a historic property is dangerous shall not preclude a finding that demolition by neglect, as defined in this chapter, has occurred. If the dangerous condition is a result of the owner’s willful or negligent acts or omissions, including failure to comply with the minimum maintenance standards set forth in Section 30-8, the owner shall remain subject to the remedies and enforcement provisions of this chapter, including but not limited to the construction and planning prohibition identified in subsection (d). (d) If the building official determines the historic property meets the definition of demolition by neglect as set forth in this chapter, or that a historic property has been wholly or partially demolished, removed, or materially altered without the required permits or approvals, and further determines that the property is a dangerous building and must be removed as a result of the owner’s or owner’s agent’s failure to adhere to minimum maintenance standards for historic properties as identified in Section 30-8, the following remedial actions shall be taken:
(1) The building official shall notify the owner, or owner’s agent, in writing of the violation within ten (10) business days of the determination. The owner shall effect the removal and disposal of the deteriorated building(s) or structure(s) within sixty (60) days from the date the determination becomes final, including the conclusion of any appeal process. Notwithstanding the foregoing, where the building official determines that an immediate threat to public health or safety exists, the building official may require corrective action within a shorter timeframe as necessary to address the hazard; (2) In addition to any other remedies provided in this chapter, where the building official determines that a historic property has been demolished as a result of demolition by neglect, or has been wholly or partially demolished, removed, or materially altered without the required permits or approvals, the Executive Director of the Planning and Building Agency, or designee, may impose a prohibition on the issuance of discretionary planning approvals and building permits related to new construction on the affected property for a period not to exceed three (3) years.
The duration of the prohibition shall be determined by the Executive Director, or designee, based on substantial evidence in the record. In determining the appropriate length of the prohibition, the Executive Director, or designee, may consider factors including, but not limited to:
a. The degree of deterioration and loss of historic fabric; b. Whether the demolition was willful, negligent, or unavoidable; c. The extent to which the owner failed to comply with prior notices, citations, or orders;
d. Any efforts made by the owner to preserve or repair the historic property;
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e. The economic feasibility of repair or maintenance prior to demolition;
f. Whether strict imposition of the maximum prohibition would deprive the owner of all reasonable use of the property;
g. The impact of the demolition on the historic district or surrounding community; and
h. Any other relevant factors.
The prohibition period shall commence on the date the City obtained actual knowledge of the demolition or the date of final determination following any appeal, whichever is later. Ministerial permits required to protect public health and safety or to stabilize the site shall not be subject to this prohibition.
(3) During the prohibition period, the owner, or the owner’s agent, shall maintain the property in compliance, including any vacant condition resulting from demolition, with the requirements of Chapter 8, Division 3, Article 10 of this Code, as it may be amended from time to time. (e) The owner of a historic property may appeal any city official’s determination pursuant to the appeal procedures set forth in Chapter 3 of this Code. Any such appeal shall be filed within ten (10) calendar days of the date of the written determination. The filing of a timely appeal shall stay enforcement of the determination unless the building official determines that an immediate threat to public health or safety exists. The hearing officer(s) shall affirm, modify, or reverse the determination based on substantial evidence in the record.
Section 12. Section 30-8 (Minimum maintenance standards) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-8. Minimum maintenance standards.
(a) All historic properties must be physically maintained such that they remain eligible for historical designation and the building is not in a hazardous or unsafe condition. The owner of a historic property shall adhere to the minimum maintenance standards in this subsection. A property will be in violation of minimum maintenance standards to preserve the historical eligibility and safe condition of a historic property if one or more of the conditions detailed in this section is present. Research to determine the historic character of the property may include, but not be limited to, a review of the California Department of Parks and Recreation Series 523 forms prepared at the time of the property’s historic listing, building plans, building permits, historical photographs, and any available public information.
(1) Deterioration of exterior walls, foundations or other vertical supports that causes leaning, sagging, splitting, listing or buckling; City Council 23 – 39 9/15/2026
Ordinance No. NS-XXX
(2) Deterioration of flooring or floor supports or other horizontal members that causes leaning, sagging, splitting, listing or buckling; (3) Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling;
(4) Deterioration of crumbling exterior plasters or mortars; (5) Ineffective waterproofing of exterior walls, roofs, foundations including broken windows and doors;
(6) Defective protection or lack of weather protection for exterior walls and roof coverings including lack of paint or weathering due to lack of paint or other protective covering;
(7) Rotting holes or other forms of decay;
(8) Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornament, trim and other architectural details that cause delamination, instability, loss of shape and form and crumbling;
(9) Unsecured points of ingress and egress, such that the building may be the site of persistent vandalism, squatting, or trespassing; (10) Deteriorated or intentionally removed architectural features identified as character-defining;
(11) Neglect, deterioration, or intentional damage to live vegetation or landscape elements identified as character-defining, where such neglect results in the loss of historic integrity, character, or eligibility of the historic property. (b) The building official may determine that historic property exhibits one or more conditions listed in subsection 30.8(a), or another condition of deterioration, but is not dangerous to the extent that it would require demolition without planning commission review, as outlined in Sec. 30-7(c).
Section 13. Section 30-9 (Appeals from decisions of planning commission) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-9. Appeals from decisions of planning commission. (a) An appeal from a decision or requirement of the planning commission may be made by any interested party, individual or group.
(b) Any appeal made under the terms of this section shall be made within ten (10) calendar days following the date of the decision by the planning commission, and shall be accompanied by payment of an appeal fee set in such amounts as shall be established by resolution of the city council. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the planning commission. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the City Council 23 – 40 9/15/2026
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next regular business day. The formal action by the planning commission shall become effective on the day following the first regularly scheduled council meeting after the ten-day appeal period, unless the city council, in compliance with section 41-643, section 41-644 or section 41-645, holds a public hearing on the matter, then the decision of the city council will become effective on the day following the hearing and decision by the city council. (c) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the commission. Furthermore, a copy of such appeal shall be filed with the planning department and the city clerk.
(d) Upon receipt of such appeal, the planning department shall set the matter for hearing by the council.
(e) All appeals shall be heard in the same manner as prescribed for the original hearing.
(f) Upon filing of an appeal, the planning department shall forward to the city clerk a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission was based.
(g) The council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. The council may also make findings, based on substantial evidence in the record, that demolition by neglect, as defined in this chapter, has occurred, and may impose or uphold remedies and enforcement actions consistent with the provisions of this chapter.
Such decision shall be filed with the city clerk, and the city planning department; one (1) copy thereof shall be sent to the applicant.
Section 14. Section 30-10 (Appeals from decisions or recommendations of planning department staff) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-10. Appeals from decisions of the Executive Director. (a) The following decisions of the Executive Director, or designee, may be appealed to the planning commission:
(1) The issuance, denial, or conditioning of a Certificate of Appropriateness issued administratively pursuant to Section 30-6, by any interested party, individual or group; and
(2) The identification of a character-defining feature or features, by the owner of the affected property.
(b) Any appeal made under the terms of this section shall be made within ten (10) calendar days following the date of the decision by the Executive Director.
Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the Executive Director. If such tenth City Council 23 – 41 9/15/2026
Ordinance No. NS-XXX
calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.
(c) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision by the Executive Director. The appeal shall be accompanied by the applicable appeal fee, together with any plans, supporting documentation, mailing materials, or other information required by the Executive Director to determine the completeness of the appeal and to process the public hearing.
(d) Upon receipt of such appeal, the planning department shall schedule the matter for hearing by the planning commission at the next available regularly scheduled meeting for which required public notice can be provided in accordance with Section 30-2.5. The planning commission, in making its determination, shall consider the record and such additional evidence deemed relevant and received by it at such hearing. The planning commission, in making such determination, shall be governed by the terms and provisions of this chapter. (e) The planning commission may, after the public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the secretary of the planning commission, and the city planning department; one (1) copy thereof shall be sent to the applicant. (f) The decision of the planning commission under this section may be appealed to the City Council pursuant to the appeal procedures set forth in Section 30-9 of this chapter.
Section 15. Section 30-11 (Historic property disclosure) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-11. Historic property disclosure.
(a) If real property is a historic property, as defined by this chapter, including any contributor to a historic district listed on the Register, National Register of Historic Places, or California Register of Historical Resources, or is located within the Heninger Park Specific Development No. 40 (SD-40) zoning designation, the owner of the property shall, in any real property transaction, provide the buyer of the property with a disclosure notice informing the buyer of the property’s historic property status or applicable historic preservation regulations.
(b) The owner shall provide the notice to the buyer before transfer of title. The notice shall consist of a specific disclosure form made accessible to the public by the city, electronically and/or physically. The owner and buyer shall sign the form and each retain a physical or digital copy of the disclosure form.
City Council 23 – 42 9/15/2026
Ordinance No. NS-XXX
Section 16. Section 30-9—30-24 (Reserved) of Chapter 30 of the SAMC is hereby amended to read as follows:
Sec. 30-12—30-24. Reserved.
Section 17. 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 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 23 – 43 9/15/2026
Ordinance No. NS-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 23 – 44 9/15/2026
Ordinance No. NS-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 23 – 45 9/15/2026
City Manager’s Office
www.santa-ana.gov/cm
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Paid Military Leave
AGENDA TITLE
Ordinance to Extend Paid Military Leave Benefit
RECOMMENDED ACTION
1. Adopt a Resolution to provide a continuation of partially paid temporary military leave.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION OF
PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY
EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND
CONTINUATION OF BENEFITS FOR EMPLOYEES AND ELIGIBLE
DEPENDANTS
2. Introduce an Ordinance for first reading to expand partially paid leave for employees called to active military duty.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING ARTICLE VI (LEAVES, HOLIDAYS AND ABSENCES) OF CHAPTER 9 (CIVIL SERVICE) OF THE SANTA ANA
MUNICIPAL CODE TO EXPAND PAID LEAVE FOR EMPLOYEES CALLED TO
ACTIVE DUTY WITH RESERVE FORCES OF THE UNITED STATES OR THE
NATIONAL GUARD
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
As required by California Military and Veterans Code §395.02, the City currently provides 30 days of paid military leave each year for employees who are reserve members of U.S. armed forces or the National Guard and are called to active duty. These employees must have been with the City for at least one year to receive the paid benefit provided by Santa Ana Municipal Code (SAMC) Section 9-144.
City Council 24 – 1 9/15/2026
Paid Military Leave
September 15, 2026
“Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay for not to exceed thirty (30) calendar days in each calendar year after one (1) year’s service with the city, upon presenting satisfactory proof of orders to and from such temporary active duties.”
To help a military employee and their family avoid financial hardship due to extended periods of military leave, the City Council has previously approved Resolutions covering temporary periods and granting additional partial pay for military leaves exceeding 30 days. The latest example is Resolution No. 2021-021 (Exhibit 3), which expired June 30, 2022.
Staff has prepared an Ordinance for City Council to consider (Exhibit 2) which would extend the paid military leave in the SAMC and eliminate the need for future temporary Resolutions. To limit the City’s exposure to long-term costs, the proposed extension of partially paid military leave beyond the initial 30-day period would be subject to the following limits.
• Military leave pay beyond the initial 30-day period would be limited to the difference between the employee’s military pay and their City pay and benefits, similar to past Resolutions.
• The additional pay would be limited to six months each calendar year, with the City Manager having the authorization to terminate payments earlier if there is a forecasted budget deficit for the applicable fiscal year. The City would provide appropriate notice to any affected employee prior to termination of payments. • Military orders for the extended period must be involuntary.
If City Council approves the staff recommendation, the Ordinance would be scheduled for adoption on the October 6, 2026 agenda and become effective 30 days later on November 5, 2026.
The City currently has one Police Department employee on involuntary military leave, which has been extended to end December 13, 2026. The 30-day period of paid military leave ends September 3, 2026. To provide an additional benefit as outlined above for the period between September 3 and November 5 (the potential effective date of the Ordinance), staff has prepared a proposed Resolution (Exhibit 1), similar to Resolution No. 2021-021. The proposed Resolution would be effective for a four-month period beginning September 1, 2026 to allow for any agenda delays.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
City Council 24 – 2 9/15/2026
Paid Military Leave
September 15, 2026
FISCAL IMPACT
The estimated fiscal impact of additional pay and benefits for September 3 through December 13 is $30,421, which can be absorbed by the Police Department employee compensation budget. Any future fiscal impact would be limited to six months per year for each impacted employee and would be contemplated as part of the applicable department budget.
EXHIBIT(S)
1. RESOLUTION NO. 2026-XXX to provide a continuation of partially paid temporary military leave.
2. ORDINANCE NO. NS-XXXX to expand partially paid leave for employees called to active military duty.
3. Resolution No. 2021-021
Submitted By: Kathryn Downs, Assistant City Manager
Approved By: Alvaro Nuñez, City Manager
City Council 24 – 3 9/15/2026
Resolution 2026-XXX
|
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA PROVIDING FOR CONTINUATION OF PARTIALLY
PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY
EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED
FORCES AND CONTINUATION OF BENEFITS FOR
EMPLOYEE AND THEIR ELIGIBLE DEPENDENTS.
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. On October 1, 2001, the City Council of the City of Santa Ana adopted Resolution No. 2001-065 which provided for an additional partially-paid temporary military leave of absence for each full-time officer or employee of the City, with at least one year of City employment, who had been called to active military service with the Armed Forces of the United States in connection with the then ongoing military crisis. That Resolution was extended periodically with the last extension ending June 30, 2022.
B. It is the intention of the City Council to continue to help City employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in connection with continuing military commitments and to affirm payments of those benefits to affected employees retroactive from September 3, 2026 through December 31, 2026, unless extended or repealed by further action of the City Council.
C. Section 9-144 of the Santa Ana Municipal Code (“SAMC”) grants members of the reserve forces of the United States or the National Guard, temporary leave with pay not to exceed thirty (30) calendar days in each calendar year after one year of service with the City, upon proof of orders to and from such temporary active duty, also required by the California Military and Veteran’s Code section 395.02.
D. However, the normal tour of duty to which a reservist may be ordered to serve, without congressional action, is normally six (6) consecutive months.
E. At least one City employee is a current reservist on active military service.
City Council 24 – 4 9/15/2026
Resolution 2026-XXX
Section 2: Partial Pay, Benefit Allowances and Group Benefit Coverage for City Officers and Employees on Long-Term Active Military Service.
A. In addition to the fully paid military leave provided by Section 9-144 of the SAMC, each full-time officer or employee of the City, with at least one (1) year of service with the City, who is called to active military service with the Armed Forces of the United States in connection with continuing military commitments as outlined in California Military and Veteran’s Code § 395 et seq. shall be entitled to military leave with partial pay for the period of his or her absence from City employment while on active military duty in excess of the period covered by Section 9-144 but not to exceed six months each calendar year, upon presenting satisfactory proof of orders to and from such temporary active duties.
B. The amount of pay that each employee shall be entitled to receive from the City for the employee’s additional period of military leave shall be the difference between the employee’s military gross pay and allowances actually received by the officer or employee from the United States for such service and the regular base pay, plus regular pay additives that said employee would have received from the City of Santa Ana if he or she would not have been called to active military duty, subject to all regularly required and voluntary deductions and withholdings.
C. For each full-time officer or employee of the City who has already been or will be called to active military service with the Armed Forces of the United States in connection with continuing military commitments, the City shall also provide continued health and dental benefits, not to exceed six months each calendar year, to the employee and the employee’s eligible dependents or, for the employee’s represented by the Santa Ana Police Officer’s Association (“SAPOA”), the City will contribute to the SAPOA that portion of the City’s current contribution to the SAPOA designated specifically towards payment of premiums for, health, dental and long-term disability insurance plans administered by the Association for the benefit of the employees represented by the Association, as described in Section 12.0 of the current SAPOA Memorandum of Understanding.
Section 3: the City shall not pay any wage or benefit provided for in this Resolution until and unless the officer or employee who requests such payment provides satisfactory proof such as a copy of military orders and documentation of eligibility to receive payment in accordance with procedures established by the City Manager or his or her designee.
City Council 24 – 5 9/15/2026
Resolution 2026-XXX
Section 4: This Resolution and the pay and benefits authorized herein, shall terminate and be of no further force or effect at midnight, December 31, 2026, unless extended or repealed by further action of the City Council or otherwise required by law.
ADOPTED this ___ day of September, 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
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 September ___, 2026.
Date: ___________________ ____________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 24 – 6 9/15/2026
Ordinance No. NS-XXXX