subsequently revised to remove one dwelling unit, redesignating it as a residential amenity/business lounge, remove basement parking, and to provide five percent (5%) affordability for extremely low-income households. Because the Project does not increase the project footprint or building envelope and is equal to or less intensive than the project originally analyzed, the environmental analysis remains valid.
The Project qualifies for exemption from further environmental review under Sections 15183 and 15162. Section 15183 applies to projects consistent with the General Plan or zoning where redevelopment impacts have been adequately analyzed for the area, while Section 15162 applies when a previously certified Program Environmental Impact Report (Program EIR) adequately analyzed the environmental effects of an activity and no new significant impacts would result from the proposed Project.
The Project is within the scope of the 2022 Santa Ana General Plan EIR (SCH No. 2020029087). CEQA Guidelines Section 15162 prohibits a subsequent or supplemental EIR unless: (1) substantial changes are proposed in the project; (2) substantial changes occur in circumstances under which the project is undertaken; or (3) new information of substantial importance becomes available. The Project is consistent with the land use designation analyzed in the General Plan EIR. No supplemental or subsequent EIR is required because: (1) the amendment will not require major revisions of the EIR; (2) there have been no substantial changes with respect to circumstances under which the General Plan was approved that will require major revisions; and (3) no new information, which was not known and could not have been known at the time the EIR was certified as complete, has become available. The prior EIR adequately describes the environmental setting, impacts, and mitigation measures. Therefore, a Notice of Exemption, Environmental Review No. ER-2024-45, will be filed for the Project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBITS
1. Resolution – Density Bonus Agreement
2. Draft Density Bonus Agreement
3. Site, Architectural, and Landscape Plans
4. May 11, 2026 – Planning Commission Staff Report and Exhibits (hyperlink) Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency and Sylvia Vazquez, Deputy City Manager/Acting Executive Director of Community Development Agency
Approved By: Alvaro Nuñez, City Manager
City Council 21 – 9 10/20/2026
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2026-03 FOR A MIXED-USE DEVELOPMENT WITH 400
RESIDENTIAL UNITS, INCLUDING 20 UNITS PROPOSED
AS AFFORDABLE TO EXTREMELY LOW-INCOME
HOUSEHOLDS, AND 13,887 SQUARE FEET OF
COMMERCIAL SPACE, FOR THE PROPERTY LOCATED
AT 200 EAST SANDPOINTE AVENUE (APNS: 411-111-07,
411-111-09, 411-111-10, AND 411-111-11)
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. CM Sandpointe, LLC, GH Sandpointe LLC, JMT Sandpointe LLC and QC Sandpointe LLC (“Owner”), represented by Jonny Schneider (“Applicant”) and Pamela Sapetto and Andrea Maloney of Sapetto Real Estate Solutions (application-listed contact persons), request approval of Density Bonus Agreement No. 2026-03 to facilitate the development of a mixed-use project, with 400 apartment units, including twenty (20) affordable units reserved for extremely low-income households, and 13,887 square feet of ground-floor commercial space for the property located at 200 East Sandpointe Avenue (“Project”).
B. California Government Code Sections 65915 through 65918 (“State Density Bonus Law”) allow qualifying housing developments that provide affordable housing units to obtain density bonuses and other benefits, including incentives or concessions, waivers or reductions in development standards, and reduced parking requirements.
C. The Project includes twenty (20) deed-restricted affordable housing units reserved for extremely low-income households, representing five percent of the Project’s total residential units, and is therefore eligible to utilize the provisions of State Density Bonus Law.
D. 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.
E. The Project does not request a numerical density bonus, incentive, concession, waiver, or reduction in development standards. However, the Project proposes to utilize the parking standards set forth in California City Council 21 – 10 10/20/2026
Government Code Section 65915(p) for qualifying affordable housing developments. The Project provides 718 parking spaces, which exceeds the applicable parking requirement of 516 spaces. Utilization of the parking standards established by State Density Bonus Law does not constitute an incentive, concession, waiver, or reduction in development standards.
F. On May 11, 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, based on required findings, approved Conditional Use Permit (“CUP”) No. 2025-16 for the proposed multifamily development and commercial uses. The Planning Commission did not consider Density Bonus Agreement Application No. 2026-03 because the Project does not request any incentives, concessions, waivers, or reductions requiring Planning Commission action pursuant to Santa Ana Municipal Code Section 41-1607.
G. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2026-03 is within the purview of the City Council.
H. On July 7, 2026, the City Council held a regular meeting at which Density Bonus Agreement No. 2026-03 was scheduled for consideration. At that meeting, the City Council continued the item to August 4, 2026.
I. On August 4, 2026, the City Council of the City of Santa Ana held a regular meeting and continued consideration of Density Bonus Agreement No. 2026-03 to October 20, 2026.
J. On October 20, 2026, the City Council held a regular meeting and considered Density Bonus Agreement No. 2026-03.
K. The City Council hereby approves Density Bonus Agreement No. 2026-03.
This Agreement memorializes the affordable housing obligations and other terms necessary to implement the Project, pursuant to State Density Bonus Law and SAMC Chapter 41, Article XVI.I.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the Project qualifies for exemption from further environmental review under Sections 15183 and 15162. Section 15183 applies to projects consistent with the General Plan or zoning where redevelopment impacts have been adequately analyzed for the area, while Section 15162 applies when a previously certified Program Environmental Impact Report (Program EIR) adequately analyzed the environmental effects of an activity and no new significant impacts would result from the proposed Project.
The Project is within the scope of the 2022 Santa Ana General Plan EIR (SCH No. 2020029087). CEQA Guidelines Section 15162 prohibits a subsequent or supplemental EIR unless: (1) substantial changes are proposed in the project; (2) substantial changes City Council 21 – 11 10/20/2026
occur in circumstances under which the project is undertaken; or (3) new information of substantial importance becomes available. The Project is consistent with the land use designation analyzed in the General Plan EIR. No supplemental or subsequent EIR is required because: (1) the amendment will not require major revisions of the EIR; (2) there have been no substantial changes with respect to circumstances under which the General Plan was approved that will require major revisions; and (3) no new information, which was not known and could not have been known at the time the EIR was certified as complete, has become available. The prior EIR adequately describes the environmental setting, impacts, and mitigation measures. Therefore, a Notice of Exemption, Environmental Review No. ER-2024-45, will be filed for 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.
Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2026-03 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 Planning Commission Staff Report dated May 11, 2026; and the Request for City Council Action dated October 20, 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.
City Council 21 – 12 10/20/2026
_______________________
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 21 – 13 10/20/2026
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
City Council 21 – 14 10/20/2026
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SECTION
A
SECTION
A
S1
A1
3,048 SF
RESIDENTS
ENTRY TO GARAGE
UNITS
ABOVE
FIRE LANE
A2
A2
A2
A2
A2 A2
B2
A2
B3
S1
A1
A1
A1
A1
S1
LOADING
LOBBY
TRASH
TRASH AIR EXHAUST
A1
A2
A2
A2
A2 A2
A2
UNITS
ABOVE
A1 A1 A1 A1
S1
PASSAGEWAY
12' SETBACK
10' SETBACK
EXISTING PARKING STRUCTURE
ELEC.
A1
RETAIL
TRASH
ELEC.
PARALLEL PARKING
ELEC.
A1
A1 A1
A1
A3
A3
B2 B2
MAIL
301'-3"
127'-4"
294'-4"
256'-0"
186'-0"
GUEST
LANE
A1
A1
A1
TRASH
VESTIBULE
TRASH
VESTIBULE
DOG
SPA
COURTYARD 4
SANDPOINTE AVE
MAIN ST
HUTTON CENTRE DR
DOG
PARK
COURTYARD 2 COURTYARD 3
20' SETBACK
10' SETBACK
10' SETBACK
12' SETBACK
54'-10"
50'-10"50'-10"
33'-5"
47'-8"
TWO-WAY
TRAFFIC (TYP.)
22'-9"
24'-2"
26'-9"
68'-6" 54'-10" 73'-6" 33'-5" 71'-0"
86'-4"
60'-0"
58'-0" 176'-4"
PH 1 & 2 RESIDENTIAL BUILDING: 424,102 sf
PARKING GARAGE: 47,616 sf
PH 1 & 2 TOTAL GSF: 471,718 sf
A2
A2
ELEC.
B1
A1
A1
A1
S1 A1
RETAIL PLAZA
A2
A2
B3
A1 B1
A2
A2
A1
47'-8"
160'-2"
A1
BREEEZEWAY
3-STORY
BREEEZEWAY
A1 A1 A1
RESIDENT
GATE
260'-0" 192'-2"
452'-2"
134'-4"
147'-2"
181'-0" 177'-8" 106'-8"
465'-4"
189'-4"
60'-10"
40'-2"
4,229 SF
UNIT
EXTENDED
A1a A1a A1a
B1a
B1a
A1a
A3
LOCATION OF
PROPOSED RESIDENT
GATE TO GARAGE
(CLOSED AFTER
HOURS)
LOCATION OF
PROPOSED GATE
TO GARAGE
All trash bins and enclosure
will be located within the
parking garage A1
15' MIN. (PER
SD-76 - ZONE 2)
22'-9" 10' MIN. (PER
SD-76 - ZONE 2)
10' MIN. (PER
SD-76 - ZONE 2)
6%
UP
17'X18'
MOTORCYCLE
AREA
COMMERCIAL RETAIL COMMERCIAL RETAIL
3,840 SF
COMMERCIAL LEASING
COMMERCIAL
RETAIL
5,818 SF
BUSINESS
LOUNGE
ELEC.
GARAGE
AIR IN
ELEC.
AIR IN
AIR OUT
AIR OUT
AIR OUT AIR IN
AIR IN
A R C H I T E C T S
N
0' 30'15' 60'
4-13-2026
WATERMARKE LEVEL 1 - FLOOR PLAN A-1.2
TCA# 2023-107
SE
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
BICYCLE
2'-0"
6'-0"
3'-0"
6'-0"
MOTORCYCLE
STALL SIZES:
STANDARD
& TANDEM
COMPACT HC VAN HC
8'-6"
18'-0"
8'-0"
16'-0"
9'-0"
18'-0"
9'-0"
18'-0"
200 SANDPOINTE
30’
60’
120’
A-13
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
BUILDING PLAN
GROUND LEVEL - PHASE 1 & 2
*PARKING NOTE
• PARKING STALLS REQUIRED TO BE DOUBLE STRIPED PARKING STALLS PURSUANT TO SAMC SEC. 41-1303(A).
• ALL CEILINGS IN PARKING LEVELS MUST BE PAINTED WHITE AND
PROPERLY MAINTAINED TO ENHANCE ILLUMINATION AND IMPROVE SAFETY WITHIN THE PARKING STRUCTURE, AS OUTLINED IN SD-76, SECTION 8, 4, A, IV.
• ALL TRASH BINS AND ENCLOSURE WILL BE LOCATED WITHIN THE PARKING GARAGE.
S1
A1
UNITS
ABOVE
A2
A2
A2
A2
A2 A2
B2
A2
B3
S1
A1
A1
A1
A1
S1
EXISTING PARKING
LOBBY
LOCATION OF
PROPOSED
RESIDENT GATE
TO GARAGE
TRASH
TRASH AIR EXHAUST
RESIDENT
GATE
PHASE I PHASE II
EXISTING PARKING STRUCTURE
6%
UP
ELEC.
RETAIL
TRASH
ELEC.
B2 B2
OFFICE LOADING
LOADING
EXISTING LOADING
EXISTING
CURB
(CLOSED AFTER
HOURS)
RESIDENTS & RETAIL
ENTRY TO GARAGE
MAIL
GUEST
LANE
A1
A1 A1
A1
A1
A1
RETAIL PLAZA
COURTYARD 2 COURTYARD 3
SANDPOINTE AVE
MAIN ST
HUTTON CENTRE DR
A3
EXISTING OFFICE
(8-STORIES)
54'-10"
50'-10"50'-10"
33'-5"
47'-8"
301'-3"
68'-6" 54'-10" 73'-6" 33'-5" 71'-0"
86'-4"
47'-3" 179'-9" 86'-4"
313'-3"
PH1 RESIDENTIAL BUILDING: 238,664 sf
PARKING GARAGE: 47,616 sf
PH1 TOTAL GSF: 286,280 sf
B1
A1
A1
A1
S1 A1
A2
A2
B3
A1 A1 A1
17'X18'
MOTORCYCLE
AREA
40'-2"
60'-10"
A1
21'-3"
15' MIN. (PER
SD-76 - ZONE 2)
22'-9" 10' MIN. (PER
SD-76 - ZONE 2)
24'-2"
12' SETBACK
20' SETBACK
260'-0" 192'-2"
452'-2"
134'-4"
147'-2"
181'-0"
TYP
24'-0"
TRASH
VESTIBULE
TRASH
VESTIBULE
LOCATION OF
PROPOSED RESIDENT
GATE TO GARAGE
LOCATION OF
PROPOSED GATE
TO GARAGE
All trash bins and enclosure
will be located within the
parking garage
TWO-WAY
TRAFFIC (TYP.) 255'-0"
186'-0"
COMMERCIAL
RETAIL
3,300 SF
2,500 SF
2,100 SF
COMMERCIAL LEASING
900 SF
AIR OUT
AIR OUT AIR IN
AIR IN
A R C H I T E C T S
N
0' 30'15' 60'
4-02-2026
WATERMARKE LEVEL 1 - PHASE 1 A-1.11
TCA# 2023-107
SE
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
BICYCLE
2'-0"
6'-0"
3'-0"
6'-0"
MOTORCYCLE
STALL SIZES:
STANDARD
& TANDEM
COMPACT HC VAN HC
8'-6"
18'-0"
8'-0"
16'-0"
9'-0"
18'-0"
9'-0"
18'-0"
200 SANDPOINTE
30’
60’
120’
x
A-7
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
BUILDING PLAN
GROUND LEVEL - PHASE 1
*PARKING NOTE
• PARKING STALLS REQUIRED TO BE DOUBLE STRIPED PARKING STALLS PURSUANT TO SAMC SEC. 41-1303(A).
• ALL CEILINGS IN PARKING LEVELS MUST BE PAINTED WHITE AND
PROPERLY MAINTAINED TO ENHANCE ILLUMINATION AND IMPROVE SAFETY WITHIN THE PARKING STRUCTURE, AS OUTLINED IN SD-76, SECTION 8, 4, A, IV.
• ALL TRASH BINS AND ENCLOSURE WILL BE LOCATED WITHIN THE PARKING GARAGE.
L
REF. B B DW P
EP
SP
W/D
LS
1P/1S
2P/2S
KING
WIC
BATH 1
LIVING/BED
17'-3" x 14'-4"
KITCHEN 1
17'-10"
32'-0"
ONTARIO XXXX 0' 4'2' 8'
1000 W. FOURTH ST, ONTARIO, CA 91762 05-06-2024
WATERMARKE
TCA#2021-079
UNIT S1 576 SF
UNIT COUNT: 50
L
SP
W/D
S
1P/1S
2P/2S
P
EP
REF.
B
DW
B
KING BEDROOM
10'-11" x 11'-9"
WIC
BATH 2
LIVING
12'-7" x 17'-4"
DECK
KITCHEN 3
32'-0"
23'-10"
ONTARIO XXXX 0' 4'2' 8'
1000 W. FOURTH ST, ONTARIO, CA 91762 05-06-2024
WATERMARKE
TCA#2021-079
UNIT A1 701 SF
UNIT COUNT: 130
W/D
2P/2S
1P/1S
1P/1S
1P/1S P DW B
B REF.
DZ
EP
2P/2S
L
KING
BEDROOM
12'-0" x 9'-10"
WIC
BATH 1
LIVING
13'-2" x 14'-8"
DECK
KITCHEN 2
27'-0"
32'-10"
ONTARIO XXXX 0' 4'2' 8'
1000 W. FOURTH ST, ONTARIO, CA 91762 05-06-2024
WATERMARKE
TCA#2021-079
UNIT A2 710 SF
UNIT COUNT: 62
24’-10”
A-41
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
TYPICAL UNIT PLANS
STUDIOS & 1 BEDS
UNIT S1
STUDIO / 1 BATH
UNIT A1
1 BEDROOM / 1 BATH
UNIT A2
1 BEDROOM / 1 BATH
L
1P/1S
2P/2S
REF. B B DW P
B
W/D
L
EP
SP
1P/1S
KING BEDROOM
11'-2" x 13'-6"
WIC
LIVING
14'-1" x 15'-0"
DECK
KITCHEN 1
BATH 3
38'-1"
35'-1"
ONTARIO XXXX 0' 2' 4' 8'
1000 W. FOURTH ST, ONTARIO, CA 91762 05-06-2024
WATERMARKE
TCA#2021-079
UNIT A3 976 SF
UNIT COUNT: 3
this unit occurs at
ground level only and
below Unit B3
34'-6"
34'-6"
L
W/D
1P/1S
2P/2S
P
EP
REF.
B
2P/2S
SP
L
DW
2P/2S
1P/1S
1P/1S
B
L
KING
KING
BEDROOM
10'-11" x 11'-4"
WIC
BATH 1 BATH 2
PRIMARY
BEDROOM
11'-5" x 12'-9"
WIC
LIVING
12'-7" x 17'-4"
DECK
KITCHEN 2
35'-10"
32'-0"
ONTARIO XXXX 0' 2' 4' 8'
1000 W. FOURTH ST, ONTARIO, CA 91762 05-06-2024
WATERMARKE
TCA#2021-079
UNIT B1 1085 SF
UNIT COUNT: 63
1P/1S
2P/2S
1P/1S
WH
2P/2S
W/D
1P/1S
REF. BB DW
SP
KING
QUEEN
EP
BEDROOM
LIVING
BATH
KITCHEN
WIC
BATH BEDROOM
CL
CL
DINING
34'-6"
34'-6"
11'-5"
10'-2 1/2"
12'-8 1/2"
11'-3"
UNIT B3 (B3-CON) 1185 SF
A-42
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
TYPICAL UNIT PLANS
1 BED & 2 BEDS
UNIT B3
2 BEDROOM / 2 BATH
UNIT B1
2 BEDROOM / 2 BATH
UNIT A3
1 BEDROOM / 1 BATH
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 30'15' 60'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
A-34
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
PERSPECTIVE VIEW
VIEW FROM MAIN STREET NORTH
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
A-35
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
PERSPECTIVE VIEW
VIEW FROM MAIN STREET SOUTH
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
A-36
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
PERSPECTIVE VIEW
VIEW OF RETAIL
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
A-37
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
PERSPECTIVE VIEW
VIEW OF LEASING / MAIL
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
A-38
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
PERSPECTIVE VIEW
VIEW ALONG SANDPOINTE AVE
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
A-39
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
PERSPECTIVE VIEW
VIEW OF POOL DECK
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
A-40
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
PERSPECTIVE VIEW
VIEW OF RETAIL COURTYARD
20’
40’
80’
LEVEL 1
5'-0"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 74'-5" T.O.STRUCTURE
T.O.P.
10'-1"
LEVEL 5
LEVEL 6
LEVEL 7
10'-1" 10'-1" 10'-1" 10'-1" 10'-0" 14'-0"
75'-0" BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3) UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
MA CP V1 SF P1 GR V1 SF P2 P1 CP P4 WR P3 MA
A-27
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
1) WEST ELEVATION
2) WEST PERSPECTIVE
KEY MAP
EXTERIOR ELEVATION
WEST
1 2
MATERIAL LEGEND
V- EXTERIOR VENEER
GR- GLASS RAILING
MA- METAL AWNING
P- PLASTER FINISH
SF- STOREFRONT
WR- WOOD RAILING
CP - CEMENTITIOUS PANEL
MP - METAL PANEL
B3 A1 A1 A1 A1 B1 A1 A1 A1 A1 A1 A1 A1 A1 S1 A3 BUILDING BEYOND
20’
40’
80’
LEVEL 1
5'-0"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 74'-5" T.O.STRUCTURE
T.O.P.
10'-1"
LEVEL 5
LEVEL 6
LEVEL 7
10'-1" 10'-1" 10'-1" 10'-1" 10'-0" 14'-0"
75'-0" BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3) UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
GR MA P3 P2 V2 P1 SF P3 WR MA SF P3 SF MP P3 P1 MA CP
A-28
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
1) NORTH ELEVATION
2) NORTH PERSPECTIVE
EXTERIOR ELEVATION
NORTH
2 1
KEY MAP
MATERIAL LEGEND
V- EXTERIOR VENEER
GR- GLASS RAILING
MA- METAL AWNING
P- PLASTER FINISH
SF- STOREFRONT
WR- WOOD RAILING
CP - CEMENTITIOUS PANEL
MP - METAL PANEL
RETAIL RETAIL LEASING/MAIL ENTRY TO RETAIL B3
GARAGE
RETAIL BEYOND LOBBY
PASSAGEWAY
BUILDING
BEYOND
20’
40’
80’
LEVEL 1
5'-0"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 74'-5" T.O.STRUCTURE
T.O.P.
10'-1"
LEVEL 5
LEVEL 6
LEVEL 7
10'-1" 10'-1" 10'-1" 10'-1" 10'-0" 14'-0"
75'-0" BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3) UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
P2 P3 SF WR P1 V2 MA GR
A-29
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
1) EAST ELEVATION
2) EAST PERSPECTIVE
EXTERIOR ELEVATION
EAST
1 2
KEY MAP
MATERIAL LEGEND
V- EXTERIOR VENEER
GR- GLASS RAILING
MA- METAL AWNING
P- PLASTER FINISH
SF- STOREFRONT
WR- WOOD RAILING
CP - CEMENTITIOUS PANEL
MP - METAL PANEL
ELEC. RETAIL BUILDING
BEYOND
BUILDING
BEYOND A3 A1a B1a B1a
20’
40’
80’
LEVEL 1
5'-0"
LEVEL 2
LEVEL 3
LEVEL 4
+/- 74'-5" T.O.STRUCTURE
T.O.P.
10'-1"
LEVEL 5
LEVEL 6
LEVEL 7
10'-1" 10'-1" 10'-1" 10'-1" 10'-0" 14'-0"
75'-0" BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3) GR P4 V CP P2 SF P3 P1 P3 SF P5 P3 MA P5 WR P1 SF P3
A-30
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
1) SOUTH ELEVATION
2) SOUTH PERSPECTIVE
EXTERIOR ELEVATION
SOUTH
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9 2 TCA# 2023-107
1 KEY MAP
MATERIAL LEGEND
V- EXTERIOR VENEER
GR- GLASS RAILING
MA- METAL AWNING
P- PLASTER FINISH
SF- STOREFRONT
WR- WOOD RAILING
CP - CEMENTITIOUS PANEL
MP - METAL PANEL
A1 A1 A1 A3 A1 A1 A1 A1 A3 DOG SPA BUILDING
BEYOND
BUILDING
BEYOND
BUILDING
BEYOND A3 ELEC. B3
20’
40’
80’
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
A R C H I T E C T S
N 200 SANDPOINTE 0' 15' 60' 30'
SANTA ANA, CA 10-31-2024
WATERMARKE LEVEL 8 - FLOOR PLAN A-1.9
TCA# 2023-107
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
GARAGE
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
POOL DECK
UNITS
AIR SHAFT
PL PL
UNITS
LEVEL 7
FITNESS
(CLUBROOM BEYOND)
MAIN ST
15'-0"
10'-1" 10'-1" 10'-1" 10'-1" 10'-1"
T.O.ELEVATOR
80'-0"
EXISTING OFFICE TO
REMAIN IN PHASE 1
(BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3)
75'-0"
(UNITS BEYOND)
ELEVATOR BEYOND
POOL DECK
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
DOG SPA
LEASING /
MAIL
UNITS UNITS (UNITS BEYOND)
(RETAIL BEYOND)
GARAGE
PL PL 3'-11" 9'-8" 10'-1" 10'-1" 20'-2" 3'-9" 9'-10" 10'-1" 10'-1" 20'-2" T.O.WALL 60'-0" T.O.WALL 60'-0" (BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3) 75'-0"
A R C H I T E C T S
200 SANDPOINTE 0' 20'10' 40'
SANTA ANA, CA 3-24-2026
WATERMARKE OVERALL BUILDING SECTIONS A-3.0
TCA# 2023-107
1" = 20'-0" 1 SECTION A
1" = 20'-0" 2 SECTION B
UNITS
LOBBY / LEASING / AMENITY
CORRIDOR
RETAIL
COMMERCIAL VERT. CIRC.
RESIDENTIAL VERT. CIRC.
KEY
PARKING
BOH
GARAGE
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
POOL DECK
UNITS
AIR SHAFT
PL PL
UNITS
LEVEL 7
FITNESS
(CLUBROOM BEYOND)
MAIN ST
15'-0"
10'-1" 10'-1" 10'-1" 10'-1" 10'-1"
T.O.ELEVATOR
80'-0"
EXISTING OFFICE TO
REMAIN IN PHASE 1
(BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3)
75'-0"
(UNITS BEYOND)
ELEVATOR BEYOND
POOL DECK
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
DOG SPA
LEASING /
MAIL
UNITS UNITS (UNITS BEYOND)
(RETAIL BEYOND)
GARAGE
PL PL 3'-11" 9'-8" 10'-1" 10'-1" 20'-2" 3'-9" 9'-10" 10'-1" 10'-1" 20'-2" T.O.WALL 60'-0" T.O.WALL 60'-0" (BUILDING HEIGHT LIMIT PER TYPE-III (CBC TABLE 504.3) 75'-0"
A R C H I T E C T S
200 SANDPOINTE 0' 20'10' 40'
SANTA ANA, CA 3-24-2026
WATERMARKE OVERALL BUILDING SECTIONS A-3.0
TCA# 2023-107
1" = 20'-0" 1 SECTION A
1" = 20'-0" 2 SECTION B
2 2
1 1
A-33
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
1) BUILDING SECTION - PHASE I & II
2) BUILDING SECTION - PHASE I & II
KEY MAP
BUILDING SECTIONS
30’
60’
120’
1 SHEET TITLE
SHEET TITLE
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
JUNE 6, 2024
DEVELOPMENT REVIEW SUBMITTAL
L.1 April 7, 2025
CONCEPTUAL LANDSCAPE PLAN
SANDPOINTE AVE.
MAIN ST.
HUTTON CENTRE DR.
EAST COURTYARD
SEE ENLARGEMENT, SHEET L.3
HUTTON CENTRE DR. STREESCAPE
• existing parkway & sidewalk
• protect in place existing trees
• enlarged private patios
ROOFTOP DECK
RETAIL PLAZA / COURTYARD
SEE ENLARGEMENT, SHEET L.3
PODIUM POOL DECK
SEE ENLARGEMENT, SHEET L.4
MAIN STREET STREESCAPE
• existing sidewalk
• new street trees
• enlarged patios
SANDPOINTE AVE. STREESCAPE
• existing parkway & sidewalk
• protect in place existing trees
• retail and leasing plaza
DOG PARK
• vestibule adjacent to dog spa
• 48” high enclosure
• seatwall
• synthetic turf
RETAIL
LEASING RETAIL RETAIL
CLUB
FITNESS
DOG SPA
COURTYARD
• enlarged patios
• temporary pickleball court
0’ 20’ 40’ 80’
SYMBOL BOTANICAL / COMMON NAME SIZE WUCOLS QTY
TREES ALOIDENDRON BARBERAE
TREE ALOE 36"BOX LOW 8
CERCIDIUM X 'DESERT MUSEUM'
DESERT MUSEUM PALO VERDE 36"BOX LOW 2
CHILOPSIS LINEARIS'BUBBA'
BUBBA DESERT WILLOW 24"BOX VERY LOW 11
DRACAENA DRACO
DRAGON TREE 24"BOX LOW 2
GEIJERA PARVIFLORA
AUSTRALIAN WILLOW 36"BOX LOW 10
LAURUS X `SARATOGA`
SARATOGA HYBRID LAUREL - COLUMN 15 GAL. LOW 91
OLEA EUROPAEA `SWAN HILL` TM
SWAN HILL OLIVE - STANDARD FORM 36"BOX LOW 13
PODOCARPUS GRACILIOR 'COLUMN'
FERN PINE 15 GAL. MODERATE 36
PROSOPIS GLANDULOSA 'MAVERICK' TM
MAVERICK THORNLESS HONEY MESQUITE 48"BOX LOW 2
QUERCUS AGRIFOLIA
COAST LIVE OAK 48"BOX VERY LOW 5
QUERCUS VIRGINIANA
SOUTHERN LIVE OAK 36"BOX MODERATE 3
RHAPIS EXCELSA
LADY PALM 24"BOX MODERATE 2
TRISTANIA CONFERTA
BRISBANE BOX 36"BOX MODERATE 4
ULMUS PARVIFOLIA 'DRAKE'
DRAKE LACEBARK ELM 24"BOX MODERATE 22
ULMUS PARVIFOLIA 'DRAKE'
DRAKE LACEBARK ELM 36"BOX MODERATE 13
X CHITALPA TASHKENTENSIS 'MORNING
CLOUD'
MORNING CLOUD CHITALPA
24"BOX LOW 6
EXISTING TREE - PROTECT-IN-PLACE
EXISTING PLATANUS EXISTING 11
PLANT SCHEDULE
30’
60’
120’
1 SHEET TITLE
SHEET TITLE
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
JUNE 6, 2024
DEVELOPMENT REVIEW SUBMITTAL
L.5 April 7, 2025
TREE PLAN
SANDPOINTE AVE.
MAIN ST.
HUTTON CENTRE DR.
0’ 20’ 40’ 80’
THE OUTDOOR LIGHTING CONCEPT IS TO PROVIDE LEVELS OF LIGHTING SUFFICIENT TO MEET SAFETY AND ORIENTATION NEEDS.
WITHIN PUBLIC AREAS LIGHTING WILL BE WARM COLORED AND UNOBTRUSIVE. LIGHT SOURCES WILL BE TUNGSTEN OR METAL HALIDE.
LIGHTING SOURCES FOR THE LANDSCAPE AND PAVED AREAS WILL BE CONCEALED AND THE LIGHTING INDIRECT NOT VISIBLE FROM A PUBLIC VIEWPOINT. LIGHT SOURCES SHOULD BE DIRECTED SO THAT IT DOES NOT FALL OUTSIDE THE AREA TO BE LIGHTED.
ALL EXTERIOR SURFACE AND ABOVE-GROUND MOUNTED FIXTURES WILL BE SYMPATHETIC AND COMPLIMENTARY TO THE ARCHITECTURAL THEME.
EXTERIOR LIGHTING LEGEND
TYPE/TECHNIQUE:
THEME POLE LIGHT AT DRIVE AT FIRELANE
SYMBOL LOCATION:
THEME POLE LIGHT LARGE AMENITY SPACES
DOWNLIGHT AT SHADE STRUCTURE
WALL MOUNTED ON BUILDING
BOLLARD AT PEDESTRIAN PATH OF TRAVEL
* FOR REFERENCE ONLY *
SCONCE BUILDING ENTRIES & AMENITY ROOMS
PENDANT LIGHT COURTYARDS OVER DINING
EXTERIOR LIGHTING NOTES
OVERHEAD FESTIVAL
LIGHTING
ATTACHED TO POLES OR BUILDING,
MINIMUM 12' ABOVE FINISH SURFACE
30’
60’
120’
1 SHEET TITLE
SHEET TITLE
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
JUNE 6, 2024
DEVELOPMENT REVIEW SUBMITTAL
L.7 April 7, 2025
LIGHTING PLAN
SANDPOINTE AVE.
MAIN ST.
HUTTON CENTRE DR.
0’ 20’ 40’ 80’
INSTALL NEW STREETLIGHT(S) ALONG THE FRONTAGE OF THE PROJECT SITE (TO REPLACE EXISTIGN) ON THE EAST SIDE
OF MAIN STREET, SOUTH SIDE OF SANDPOINTE AVENUE, AND WEST SIDE OF HUTTON CENTER DRIVE PER APPROVED STREET IMPROVEMENT PLANS AND CITY STANDARDS. WORK WILL INCLUDE CONDUIT, CONDUCTORS, STREET LIGHTS AND PEDESTAL, AS APPROPRIATE AND REQUIRED. ALL DESIGN AND CONSTRUCTION COSTS SHALL BE COVERED BY THE DEVELOPER. STREET LIGHT STANDARDS ARE AVAILABLE ON THE CITY’S WEBSITE. CONTACT CESAR RODRIGUEZ AT (714) 647-5626 FOR STREET LIGHT QUESTIONS, AND MIKE ARIZABAL AT (714) 647-5627 FOR TRAFFIC-RELATED QUESTIONS.
LEGEND
EVA VEHICULAR GATE
PEDESTRIAN GATE
48” HIGH TUBULAR STEEL DOG PARK FENCE
6FT. HIGH TUBULAR STEEL POOL FENCE
6FT. HIGH PERIMETER TUBULAR STEEL FENCE
30’
60’
120’
1 SHEET TITLE
SHEET TITLE
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
JUNE 6, 2024
DEVELOPMENT REVIEW SUBMITTAL
L.8 April 7, 2025
WALL AND FENCE PLAN
SANDPOINTE AVE.
MAIN ST.
HUTTON CENTRE DR.
0’ 20’ 40’ 80’
OPEN SPACE
ON LEVEL 7
AMENITY DECK
OPEN SPACE PHASE II
OPEN SPACE
PHASE I
38,398 SF (PUBLICLY
ACCESSIBLE)
53,255 SF (TOTAL)
(14,857 SF)
24,196 SF (PUBLICLY ACCESSIBLE)
32,705 SF (TOTAL)
A R C H I T E C T S
N
0' 30'15' 60'
3-25-2026
WATERMARKE OPEN SPACE A-1.20
TCA# 2023-107
30’
60’
120’
A-19
200 SANDPOINTE
SANTA ANA, CA
TCA # 2023-107
APRIL 17, 2026
DEVELOPMENT REVIEW SUBMITTAL
OPEN SPACE
PHASE I & II
COMMON OPEN SPACE
MIN. REQUIRED (PER SD-88)
PROVIDED
PHASE I
(GROUND)
(AMENITY DECK)
PHASE II
(GROUND)
TOTAL
31%
38,398 SF
14,857 SF
32,705 SF
85,960 SF (37%)
Public Works Agency
www.santa-ana.gov/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Ordinance Establishing City Council Approval of Changes Affecting Drinking Water Quality Standards and Regulations
AGENDA TITLE
Adopt an Ordinance Establishing City Council Approval of Changes Affecting the City’s Drinking Water Quality Standards and Regulations (Continued from the Regular City Council meeting of October 6, 2026)
RECOMMENDED ACTION
Adopt an Ordinance Establishing City Council Approval of Changes Affecting the City’s Drinking Water Quality Standards and Regulations.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING SECTION 39-43 TO ARTICLE II OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH CITY
COUNCIL APPROVAL OF CHANGES AFFECTING DRINKING WATER QUALITY STANDARDS AND REGULATIONS [includes determination that ordinance adoption is not subject to California Environmental Quality Act (CEQA) requirements pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3), 15378, and 15378(b)(5)]
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On May 18, 2026, the U.S. Environmental Protection Agency (EPA) announced a proposal to revise federal drinking water Maximum Contaminant Levels (MCLs) for two per- and polyfluoroalkyl (PFAS) compounds: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), and a proposal to rescind drinking water standards for four additional PFAS compounds: perfluorohexane sulfonic acid (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA), perfluorononanoic acid (PFNA) and perfluorobutane sulfonic acid (PFBS), as well as Hazard Index mixtures of these PFAS chains.
It is important to note that these proposed rules are still being considered by the EPA and have not yet gone into effect. However, the recent proposals from the EPA have City Council 22 – 1 10/20/2026
Ordinance Establishing City Council Approval of Changes Affecting Drinking Water Quality Standards and Regulations
October 20, 2026
demonstrated that government requirements and standards for drinking water can change to either strengthen or relax water quality standards.
On June 16, 2026, in response to the proposed EPA rule revisions, the City Council directed staff to prepare an ordinance that would codify the requirement for staff to bring any proposed change in drinking water standards to the City Council for review and approval before local implementation.
The City’s drinking water system is classified as a public water system and exists under a permit from the State of California, as amended on July 30, 2026 (Exhibit 1). As such, the City is required to comply with all federal standards and the requirements set forth in the California Safe Drinking Water Act, Health and Safety Code and any regulations, standards, or orders adopted thereunder. The City adheres to the set of standards in effect as of today and will continue do so as they maintain a higher standard than the proposed EPA rule revisions.
In response to Council direction, staff has prepared a proposed ordinance (Exhibit 2) that would require City Council review and approval of any change to drinking water standards and regulations while preserving the City’s ability to comply promptly with federal and state law, public water system permit conditions, binding regulatory orders, and emergencies affecting public health or water service. The proposed ordinance will allow for transparency and the continued protection of our City’s drinking water in spite of changes to federal and state regulations that may diminish water quality standards.
The proposed ordinance also recognizes that the City, under its public water supplier permit, may be required to enact mandatory water quality standards and treatment measures. In which case, the proposed ordinance provides a compliance process for such future requirements to be presented to the City Council for consideration.
Adoption of the ordinance would strengthen transparency and accountability, support informed long-term decision-making, and reinforce public confidence in the City’s continued commitment to providing safe, reliable, and high-quality drinking water.
ENVIRONMENTAL IMPACT
The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (Title 14 California Code of Regulations (CCR) § 15060(c)(2) and the activity is not a project as defined in Section 15378 of the CEQA Guidelines because the ordinance is an organization administrative activity which establishes a process for City Council review and approval of discretionary and mandatory changes to City drinking water standards and regulations and does not itself authorize or require any physical alteration, construction, expansion, or other physical change to the City's public water system or the City Council 22 – 2 10/20/2026
Ordinance Establishing City Council Approval of Changes Affecting Drinking Water Quality Standards and Regulations
October 20, 2026
environment. (14 CCR §§ 15060(c)(3) and 15378(b)(5).) Additionally, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. (14 CCR § 15061(b)(3).)
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Public Water System Permit
2. Ordinance
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 22 – 3 10/20/2026
Exhibit 1
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Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING SECTION 39-43 TO ARTICLE II OF CHAPTER 39
OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH CITY COUNCIL
APPROVAL OF CHANGES AFFECTING CITY DRINKING WATER
QUALITY STANDARDS AND REGULATIONS
WHEREAS, the City of Santa Ana owns and operates a public water system that provides drinking water to residents, businesses and other customers within its service area; and
WHEREAS, the City’s public water system is subject to applicable federal and state drinking water laws and regulations, including requirements administered by the California State Water Resources Control Board, Division of Drinking Water, as well as the City’s Domestic Water Supply Permit and any binding orders issued by regulatory agencies with jurisdiction over the City’s water system; and WHEREAS, California Health and Safety Code section 116375 authorizes the State Water Resources Control Board to adopt primary drinking water standards. State law establishes statewide drinking water requirements that public water systems must meet. However, City may establish drinking water standards that are more protective than applicable state or federal minimum requirements, but may not adopt or implement standards that are less protective than mandatory state or federal requirements; and WHEREAS, federal and state drinking water standards and regulations may be adopted, amended, suspended, rescinded, waived or otherwise modified over time.
Such changes may increase, decrease or otherwise alter regulatory requirements applicable to the City’s water system; and
WHEREAS, changes to drinking water standards and regulations may affect public-health protections, treatment requirements, monitoring and reporting, watersystem operations, infrastructure planning and costs; and WHEREAS, on June 16, 2026, the City Council approved an item directing staff to draft an ordinance requiring City Council review and approval of any changes to the City’s Drinking Water Standards and Regulations; and
WHEREAS, the City Council intends this approval requirement to apply to changes that affect the City’s drinking water quality standards and regulations, while allowing City staff to comply promptly with mandatory federal or state law, permit requirements and binding regulatory orders; and
Exhibit 2
City Council 22 – 149 10/20/2026
Ordinance No. NS-XXX
WHEREAS, certain requirements imposed by federal or state law, the City’s Domestic Water Supply Permit, or a binding regulatory order may become effective there is sufficient time to complete the City Council process. Nothing in this ordinance is intended to authorize, require, or result in any violation of the City’s compliance with such requirements; and
WHEREAS, the City Council also desires timely public review of proposed federal or state regulatory changes that may affect the City’s drinking water standards so that the City may evaluate the potential effects, participate in regulatory proceedings when appropriate and consider whether a more protective local standard is legally permissible.
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby ordain as follows:
SECTION 1. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by the Santa Ana City Council (“City Council”).
SECTION 2. Section 39-43 is hereby added to the Santa Ana Municipal Code to read in full as follows:
Sec. 39-43. City Council review and approval of changes to City drinking water quality standards and regulations.
(a) Purpose.
The purpose of this section is to provide for transparent public review and City Council approval of discretionary changes to the City drinking water quality standards and regulations, whether a proposed change would increase, decrease or otherwise modify the applicable level of protection, while preserving the City’s ability to comply fully and without delay with federal and state law, applicable permits, binding regulatory orders, and emergencies affecting public health or water service. (b) Definitions.
For purposes of this section, the following definitions shall apply:
1. Applicable requirement means any federal or state law or regulation, permit condition, legally binding directive, compliance schedule, enforcement order or other legally binding requirement applicable to the City’s public water system.
2. Change means the adoption, amendment, suspension, rescission, waiver or other modification of a City drinking water standard or regulation. A change does not include a routine operational, maintenance, treatment, engineering, monitoring, testing, reporting, or administrative decision that does not itself adopt, amend, suspend, rescind, waive or otherwise modify a City drinking water standard or regulation.
City Council 22 – 150 10/20/2026
Ordinance No. NS-XXX
3. City drinking water standard or regulation means any ordinance, resolution, formally adopted policy, rule, or other requirement adopted by the City that establishes a requirement, limitation, performance standard, or objective concerning the quality, treatment, monitoring, testing, reporting, or delivery of drinking water by the City's public water system.
(c) City Council approval required.
1. No change to a City drinking water standard or regulation shall be adopted without first being presented to and approved by the City Council, except as provided in subsection (e) for compliance with a mandatory external requirement or subsection (f) for emergency or protective actions.
2. The approval requirement applies whether the proposed change originates with City staff or is necessary to conform to a final federal or state requirement, permit condition, or binding regulatory order; provided, however, that subsection (e) shall govern when compliance is required before City Council approval can reasonably be obtained.
3. For a change within the City’s discretion, the City Council may approve, modify or reject the proposed change or direct staff to conduct additional analysis before implementation. No Council action under this subsection may authorize a violation of an applicable requirement.
4. City Council approval may be provided by resolution or through another form of Council action determined appropriate by the City Attorney. (d) Review of proposed federal or state regulatory changes.
1. When a federal or state agency proposes a regulatory change that may reasonably require or result in a change to a City drinking water standard or regulation, the Executive Director of Public Works, or designee, shall present the matter to the City Council when reasonably practicable and sufficiently in advance of the applicable public-comment deadline.
2. If a public-comment deadline does not permit sufficient time to obtain prior City Council direction, the City Manager or Executive Director of Public Works may submit technical comments or other comments within the scope of their existing authority on behalf of the City to meet the applicable deadline. Any such comments submitted shall be reported to the City Council at the next available regular meeting.
(e) Final or mandatory external requirements.
1. When a federal or state requirement, applicable permit condition, or binding regulatory order becomes final and requires a change to a City drinking water standard or regulation, the Executive Director of Public Works, or designee, shall present the conforming change to the City Council for approval before the City Council 22 – 151 10/20/2026
Ordinance No. NS-XXX
date by which the City’s standard must be changed, when reasonably practicable.
2. If a mandatory implementation deadline, permit requirement, regulatory order, public health condition, or need to maintain reliable water service requires action before City Council approval can reasonably be obtained, City staff may take the operational, treatment, monitoring, reporting, notification or other action necessary to comply with the applicable requirement.
3. When City staff acts under paragraph (2), the Executive Director of Public Works, or designee, shall present any necessary conforming change to a City drinking water standard or regulation to the City Council for approval as soon as reasonably practicable. Staff shall also report the action already taken to maintain compliance.
(f) Emergency and protective actions.
Nothing in this section shall prevent the City Manager, the Executive Director of Public Works or their authorized designees from temporarily suspending, modifying, or deviating from a City drinking water standard or regulation when reasonably necessary to:
1. Protect public health;
2. Respond to a water-quality condition or emergency;
3. Prevent or correct a violation of an applicable requirement;
4. Comply with the City’s Domestic Water Supply Permit or a binding regulatory order; or
5. Maintain reliable water service.
Any temporary suspension, modification, or deviation under this subsection shall remain in effect only for the duration reasonably necessary to address the emergency or comply with the applicable requirement. Any such action shall be presented to City Council as soon as reasonably practicable, and any resulting change to a City drinking water standard or regulation shall be presented to the City Council for approval. (g) Preservation of operational authority.
Nothing in this section shall be construed to limit the authority otherwise provided by law, permit, ordinance, resolution, policy, or City Council action to City officers, employees, operators, engineers, or other authorized personnel to operate, maintain, monitor, test, treat, or manage the City's public water system, provided that such actions do not themselves constitute a change to a City drinking water standard or regulation.
SECTION 3. Environmental Review.
City Council 22 – 152 10/20/2026
Ordinance No. NS-XXX
The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (Title 14 California Code of Regulations (CCR) § 15060(c)(2) and the activity is not a project as defined in Section 15378 of the CEQA Guidelines because the ordinance is an organization administrative activity which establishes a process for City Council review and approval of discretionary and mandatory changes to City drinking water standards and regulations and does not itself authorize or require any physical alteration, construction, expansion, or other physical change to the City's public water system or the environment. (14 CCR §§ 15060(c)(3) and 15378(b)(5).) Additionally, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. (14 CCR § 15061(b)(3).)
SECTION 4. Severability. If any section, subsection, sentence, clause, phase, 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law.
City Council 22 – 153 10/20/2026
Ordinance No. NS-XXX
ADOPTED this ___ day of __________________, 2026.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Kyle Nellesen
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 Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _________________, 2026.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 22 – 154 10/20/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Ordinance Updating Article II of the Santa Ana Municipal Code Relating to Cross Connection Regulations and Repealing and Reenacting Article VI of Chapter 39 to Conform with Assembly Bill 1572, the Urban Water Management Plan Act and Health and Safety Code Section 116407.
AGENDA TITLE
Ordinance Updating Article II of the Santa Ana Municipal Code Relating to Cross Connection Regulations and Repealing and Reenacting Article VI of Chapter 39 to Conform with Assembly Bill 1572, the Urban Water Management Plan Act, and Health and Safety Code Section 116407
RECOMMENDED ACTION
Conduct a first reading and adopt an ordinance amending Article II of the Santa Ana Municipal Code Relating to Cross Connection Regulations and Repealing and Reenacting Article VI of Chapter 39 to conform with Assembly Bill 1572, the Urban Water Management Plan Act, and Health and Safety Code Section 116407.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA UPDATING ARTICLE II OF THE SANTA ANA MUNICIPAL
CODE RELATING TO CROSS CONNECTION REGULATIONS AND REPEALING AND REENACTING ARTICLE VI OF CHAPTER 39 RELATING TO WATER CONSERVATION
AND WATER SHORTAGE CONTINGENCY REGULATIONS TO CONFORM WITH ASSEMBLY BILL 1572, THE URBAN WATER MANAGEMENT PLAN ACT AND HEALTH AND SAFETY CODE SECTION 116407 [includes determination that the proposed ordinance is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines pursuant to Title 14 of the California Code of Regulations §§15307, 15308, 15061(b)(3) and California Water Code §10652]
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City of Santa Ana maintains a comprehensive water conservation program to promote the efficient and reasonable use of water, prevent water waste, and protect the reliability of the City’s water supply. Water supply protection requirements and Water City Council 23 – 1 10/20/2026
Ordinance Updating Article II of SAMC Relating to Cross Connection Regulations and Repealing and Reenacting Article VI of Chapter 39 to Conform with Assembly Bill 1572, the Urban Water Management Plan Act and Health and Safety Code Section 116407 October 20, 2026
conservation requirements are codified in the Santa Ana Municipal Code (SAMC) Chapter 39, Article II and Article VI respectively. From time to time, the State enacts new water conservation legislation that requires the City to amend its Municipal Code accordingly.
Assembly Bill (AB) 1572 was signed into law by the Governor on October 13, 2023. AB 1572 specifically prohibits the use of potable water for irrigating nonfunctional turf on commercial, industrial, and institutional properties, as well as common areas of Home Owner Associations, common-interest developments, and community service organizations or similar entities. Nonfunctional turf is ornamental grass that does not serve a recreational, civic, or community purpose. The AB 1572 restrictions will apply to both existing and future properties based on the phased compliance deadlines beginning January 1, 2027. In addition to the irrigation prohibition, AB 1572 requires public water systems to update their local ordinances, regulations, policies, and communicate these requirements to customers via direct mail and the City’s website by January 1, 2027.
As an urban water supplier, the City is required under the Urban Water Management Plan Act of 1983 (Act) to update and submit an Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to the California Department of Water Resources (DWR) every five years. The 2025 UWMP and WSCP were adopted by City Council on May 19, 2026 and are designed to prepare for, and respond to, water shortages. The State mandated that the 2025 UWMP and WSCP incorporate an annual drought risk assessment and new standard statewide water use prohibitions.
These new statewide water use prohibitions along with AB 1572, necessitate an update to the City’s water conservation requirements in SAMC Chapter 39, Article VI.
In addition, the City is required to comply with updated State regulations governing cross-connection control for the protection of drinking water supplies. On December 19, 2024, pursuant to the Health and Safety Code Section 116407, the State Water Resources Control Board (SWRCB) adopted a new Cross-Connection Control Policy Handbook (CCCPH) which replaces California Code of Regulations, Title 17. In accordance with the CCCPH, the City has prepared a Cross Connection Management Plan (Exhibit 1) to establish procedures for administering and maintaining the City’s cross-connection and control program.
The State’s expanded water conservation requirements via AB 1572 (Exhibit 2), together with the requirements incorporated into the 2025 UWMP (Exhibit 3) and WSCP (Exhibit 4), and Cross-Connection Management Plan, necessitate corresponding updates to the City’s existing water conservation regulations. To ensure the Santa Ana Municipal Code remains consistent with the California Water Code and the City’s adopted water management plans, Staff recommends amending SAMC Chapter 39, City Council 23 – 2 10/20/2026
Ordinance Updating Article II of SAMC Relating to Cross Connection Regulations and Repealing and Reenacting Article VI of Chapter 39 to Conform with Assembly Bill 1572, the Urban Water Management Plan Act and Health and Safety Code Section 116407 October 20, 2026
Article II and Article VI (Exhibit 5).
The proposed ordinance would:
• Meet the requirements of AB 1572 by prohibiting the use of potable water to irrigate nonfunctional turf located on specified public, commercial, industrial, and institutional properties according to state-mandated timelines, identifying applicable exceptions, and establishing enforcement mechanism options. • Align with the requirements of the UWMP Act by incorporating water shortage response actions identified in the UWMP and WSCP into the Municipal Code, while streamlining procedures for future plan updates.
• Ensure compliance with Health and Safety Code Section 116407 by amending the City’s cross-connection control regulations to conform to the SWRCB’s CCCPH, which establishes updated requirements for backflow prevention, testing, maintenance, and enforcement to protect the public drinking water supply.
Together, these amendments will provide the City with an updated framework for water conservation, water shortage response, and protection of the public water supply consistent with State statutes.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the introduction and adoption of the proposed ordinance is exempt from environmental review because the ordinance establishes regulations and procedures for the maintenance and protection of water resources and the environment pursuant to Title 14 of the California Code of Regulations §§ 15307, 15308. In addition, pursuant to California Water Code § 10652, actions taken to implement water shortage contingency plans are not subject to CEQA. Further, the proposed ordinance is exempt as it contains enforcement actions by a regulatory agency (14 CCR §15321). Moreover, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the administrative, regulatory, and enforcement provisions of this ordinance may have a significant effect on the environment (14 CCR § 15061(b)(3)).
FISCAL IMPACT
There is no fiscal impact associated with the action.
City Council 23 – 3 10/20/2026
Ordinance Updating Article II of SAMC Relating to Cross Connection Regulations and Repealing and Reenacting Article VI of Chapter 39 to Conform with Assembly Bill 1572, the Urban Water Management Plan Act and Health and Safety Code Section 116407 October 20, 2026
EXHIBIT(S)
1. Cross Connection Management Plan (https://santa-ana.gov/backflow/)
2. AB1572 (https://www.waterboards.ca.gov/conservation/nonfunctional-turf.html)
3. 2025 Urban Water Management Plan (https://santa-ana.gov/documents/draftsantaana_2025-uwmp-full-with-appendices)
4. 2025 Water Shortage Contingency Plan (https://santa-ana.gov/documents/draftsantaana_2025-wscp )
5. Proposed Ordinance
Submitted By: Rodolfo Rosas, P. E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
City Council 23 – 4 10/20/2026
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA UPDATING ARTICLE II OF THE SANTA
ANA MUNICIPAL CODE RELATING TO CROSS
CONNECTION REGULATIONS AND REPEALING AND
REENACTING ARTICLE VI OF CHAPTER 39 RELATING
TO WATER CONSERVATION AND WATER SHORTAGE
CONTINGENCY REGULATIONS TO CONFORM WITH
ASSEMBLY BILL 1572, THE URBAN WATER
MANAGEMENT PLAN ACT AND HEALTH AND SAFETY
CODE SECTION 116407
WHEREAS, Article X, Section 2 of the California Constitution and Section 100 of the California Water Code declare that, because of conditions prevailing in the State of California (the “State”), the State’s policy is that the general welfare requires putting the State’s water resources to beneficial use to the fullest extent of which the water resources are capable, preventing the waste or unreasonable use of water, and exercising water conservation with a view to the reasonable and beneficial use of water in the interest of the people and the public welfare; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, pursuant to California Water Code Section 106, it is the declared policy of the State that the use of water for domestic use is the highest use of water and that the next highest use is for irrigation; and
WHEREAS, cross-connection control in California was previously governed by California Code of Regulations (CCR) Title 17, but is now regulated under the State Water Resources Control Board’s Cross-Connection Control Policy Handbook (CCCPH) pursuant to Assembly Bill 1671; and the City is amending its code to eliminate references to CCR Title 17 and establish compliance under the CCCPH; and
WHEREAS, pursuant to California Water Code Section 375, after holding a public hearing, the City of Santa Ana is authorized to adopt and enforce a water conservation program and demand reduction actions to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies of Santa Ana; and WHEREAS, the City of Santa Ana held a public hearing pursuant to Water Code Section 375 to receive public comments on the proposed amendments to Chapter 39 of the Santa Ana Municipal Code; and
WHEREAS, the City Council finds and determines that because of prevailing water supply conditions within the State of California and the declared policy of the State, it is EXHIBIT 5
City Council 23 – 5 10/20/2026
Ordinance No. NS-XXX
necessary and appropriate for the City to adopt, implement, and enforce water conservation rules and regulations and demand management measures to reduce water consumption within the City through conservation and efficiency to ensure the reasonable and beneficial use of water and maximize its efficient use within the City; and the City Council further finds and determines it is necessary and appropriate for the City to implement and enforce demand reduction actions and regulations during periods of water shortages and water shortage emergencies to ensure that there is sufficient water for human consumption, sanitation, and fire protection; and
WHEREAS, pursuant to California Water Code Section 10609, the City of Santa Ana, as an urban water supplier, is required to comply with and annually report on the Urban Water Use Efficiency Standards, Objectives, and Performance Measures defined in the “Making Conservation a California Way of Life” Regulation enforced by the State Water Resources Control Board; and
WHEREAS, the adoption and enforcement of a water conservation and supply shortage program is necessary to manage the city's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the city. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare; and
WHEREAS, California, including Orange County, experiences drought, prolonged dryyear conditions, and other circumstances that reduce water supplies and may result in the declaration of water shortage by local water agencies, requiring the implementation of demand reduction actions to promote water conservation and protect the reliability of available water supplies; and
WHEREAS, the City may experience impacts to the reliability and availability of its water supplies during drought, water shortage, or other conditions that constrain water resources, and may implement customer curtailment and other demand management measures to reduce water use, conserve available supplies, and maintain water supply reliability, as identified in the City's most recently adopted Urban Water Management Plan and Water Shortage Contingency Plan; and
WHEREAS, pursuant to California Water Code Section 350, the City Council is authorized to declare a water shortage declaration to prevail within its jurisdiction; and WHEREAS, pursuant to California Water Code Section 10608, the City of Santa Ana, as an urban water supplier, is required to submit a validated annual water loss system audit to comply with the Water Loss Performance Standard Regulation enforced by the State Water Resources Control Board; and
WHEREAS, the City's Water Shortage Contingency Plan establishes standards and procedures to enable implementation and enforcement of local demand reduction actions.
These actions align with the State of California, Water Code Section 353 which specifies that “when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall there upon adopt such regulations City Council 23 – 6 10/20/2026
Ordinance No. NS-XXX
and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire prevention”; and
WHEREAS, the City currently has a water conservation ordinance set forth in Article VI of Chapter 39 of the Santa Ana Municipal Code; and
WHEREAS, the City wishes to update this ordinance to be consistent with the requirements of the California Water Code Section 10632 and the City's most recently adopted Urban Water Management Plan and Water Shortage Contingency Plan; and WHEREAS, the City wishes to update this ordinance to be consistent with the requirements of the AB 1572 regulations and further promote water conservation and efficient water use; and
WHEREAS, to effectively updated the City’s cross-connection regulations, it is necessary to repeal and replace Article VI of Chapter 39 in its entirety.
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby ordain as follows:
SECTION 1. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by the Santa Ana City Council (“City Council”).
SECTION 2. Chapter 39, Article II of the Santa Ana Municipal Code is hereby amended as follows:
ARTICLE II. WATER
Sec. 39-29. – Protection of public water supply.
(a) State regulations adopted. The Cross-Connection Control Policy Handbook (CCCPH), adopted by the State Water Resources Control Board pursuant to California Health and Safety Code Section 116407, as it may be amended from time to time, is hereby adopted and incorporated herein by reference as though set forth in full, and made a part of this chapter insofar as applicable to the protection of the City’s public water supply system. (b) Purpose; applicability.
(1) The purpose of this section is:
(A) To protect the public water supply against actual or potential crossconnection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises;
City Council 23 – 7 10/20/2026
Ordinance No. NS-XXX
(B) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;
(C) To eliminate cross-connections between drinking water systems and sources of contamination; and
(D) To prevent the making of cross-connections in the future. (2) It is unlawful to make or maintain, for any period of time whatsoever, any crossconnection between plumbing pipes or water fixtures being served with water by the agency and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any customer of the city.
(3) No water service connection to any premises of a type specified in subsection (i) shall be installed or maintained unless the public water supply is protected as required by applicable state regulations and this section.
(c) Approval.
(1) Each backflow preventer required hereunder shall be approved by the agency prior to installation and shall be installed by and at the expense of the customer for continued service or before a new service will be granted.
(2) The agency shall approve a device when the device has received approval by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (or other qualified organization as designated by the agency), and will provide desired service and reliability. The agency shall provide, upon request, to any affected customer, a list of approved devices.
(d) Installation.
(1) Devices shall be installed as close as practical to the customer's service connection and shall be installed above grade in an accessible location approved by the agency. (2) Devices shall have at least the same cross-sectional area as the water meter. In those instances where it is determined that a continuous water supply is necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices are required, the sum of the cross-sectional areas of the devices shall be at least equivalent to the crosssectional area of the meter. (e) Maintenance, testing, and records.
(1) The customer shall test and service such devices at least once a year and immediately after installation, relocation, or repair. A report, in a form acceptable to the agency, which sets forth the results of such test(s) shall be filed immediately with the agency. The agency may require a more frequent testing schedule if it is determined to be necessary and all costs shall be borne by the customer.
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Ordinance No. NS-XXX
(2) Devices shall be serviced, overhauled or replaced whenever they are found to be defective. All costs of such service, overhaul or replacement, including testing, repair, and maintenance shall be borne by the customer. The agency may require device information, such as location and pictures, to be submitted with the test forms. (3) The agency will supply affected customers with a list of persons acceptable to the agency to test devices.
(4) The agency will notify affected customers when annual testing of a device is needed.
Failure to notify shall not relieve the customer of the obligation to test and service its devices,
(5) Upon the issuance of a third and final notice to test a device, the agency may impose a backflow preventer third-and-final-notice generation fee in an amount established by resolution of the city council.
(6) The city reserves the right to hire a private tester to test the device and bill the customer for the cost of the test plus a backflow device testing administrative fee as set by resolution of the city council, which shall be the responsibility of the applicant, if a device has not been maintained and tested within six (6) months, or one hundred eighty (180) days, from the date when the first notice regarding testing was mailed. Reasonable efforts to notify the customer of the impending testing will be made. (f) Backflow prevention device removal.
(1) Notification and approval. The agency must be notified and approval must be obtained from the agency before a device is removed.
(2) Removal in general. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the agency to verify that a hazard no longer exists or is not likely to be created in the future. (3) Removal for relocation. A device may be relocated following confirmation by the agency that the relocation will continue to provide the required protection to satisfy installation requirements. A retest will be required, prior to return to service, following the relocation of the device.
(4) Temporary removal for repair. A device may be removed for repair or service, provided water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with backflow protection approved by the agency. A retest will be required, prior to return to service, following the repair or service of the device.
(5) Temporary removal for replacement. A device may be removed and replaced, provided water use is discontinued until the replacement device is installed. All replacement devices must be approved by the agency prior to being put into service and must be commensurate with the degree of hazard involved. A retest will be required, prior to return to service, following the replacement of the device. (g) Water system survey.
City Council 23 – 9 10/20/2026
Ordinance No. NS-XXX
(1) Plans and specifications must be submitted to the agency upon request for review of possible cross-connection hazards for new or existing service connections. If it is determined that a device is necessary to protect the public water system, the required device must be installed before service will be provided or continued. (2) The agency may conduct an on-premises inspection or reinspection to evaluate crossconnection hazards. Any customer which cannot or will not allow an on-premises inspection of their piping system shall be required to install the device the agency considers necessary.
(h) User supervisor. At each premises where it is necessary in the opinion of the agency, a user supervisor shall be designated by and at the expense of the customer. This user supervisor shall be responsible for the monitoring of the devices and for avoidance of cross-connections.
In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the agency shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The customer shall inform the agency of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.
(i) Type of protection required.
(1) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the customer's premises. The type of device shall be one (1) of the following:
(A) Approved air gap separation (hereinafter "AG");
(B) Approved double check valve assembly (hereinafter "DC"); or (C) Approved reduced pressure principle assembly (hereinafter "RP"). (2) The customer may choose a higher level of protection than required by the agency. The minimum types of backflow protection required to protect the approved water supply at the customer's water connection to premises, with varying degrees of hazard, are provided in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis, and the appropriate backflow protection shall be determined by the agency.
(3) In those instances where conditions warrant, the agency may modify the minimum installation herein indicated as appropriate to provide a degree of protection commensurate with the degree of hazard.
TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED
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Degree of Hazard Minimum
Type of
Backflow
Protection
1. Aircraft and missile plants RP
2. Automotive plants RP
3. Auxiliary water systems (interconnected) RP
4. Auxiliary water systems (not interconnected) RP
5. Beverage bottling plants RP
6. Boilers RP
7. Breweries RP
8. Buildings greater than three (3) stories or greater than thirty-four (34) feet in height from curb level
DC
9. Buildings with two (2) or more service connections (interconnected) DC
10. Buildings with house pumps and/or potable water storage tank DC
11. Buildings with wastewater pumping and/or treatment plants (not interconnected)
RP
12. Canneries RP
13. Car wash facilities RP
14. Centralized heating and air conditioning plants RP
15. Chemical plants RP
16. Chemically treated potable water systems RP
17. Civil works (facilities not subject to city plumbing inspection) RP City Council 23 – 11 10/20/2026
Ordinance No. NS-XXX
Degree of Hazard Minimum
Type of
Backflow
Protection
18. Commercial laundries RP
19. Cooling towers AG
20. Dairies and cold storage plants RP
21. Dye works RP
22. Film processing laboratories RP
23. Fire protection system with biological or chemical additives RP
24. Fire protection system with unapproved auxiliary water supply (not interconnected)
DC
25. Fire protection system with unapproved auxiliary water supply (interconnected)
RP
26. Fire protection system with storage tanks or private reservoirs DC
27. Fire protection systems with two (2) or more service connections (interconnected)
DC
28. Food processing plants RP
29. High schools and colleges RP
30. Holding tank disposal stations RP
31. Hospitals (major complexes) RP
32. Irrigation systems RP
33. Laboratories using toxic materials RP
34. Manufacturing, processing, and fabricating plants using toxic materials RP City Council 23 – 12 10/20/2026
Ordinance No. NS-XXX
Degree of Hazard Minimum
Type of
Backflow
Protection
35. Manufacturing, processing, and fabricating plants using nontoxic materials RP
36. Medical and dental buildings RP
37. Mobile home parks DC
38. Motion picture studios RP
39. Oil and gas production facilities RP
40. Paper and paper production plants RP
41. Plating plants RP
42. Premises where recycled water is used (not interconnected) RP
43. Radioactive materials processing facilities RP
44. Restricted, classified, or other closed facilities RP
45. Rubber plants RP
46. Sand and gravel plants RP
47. Sewage and storm drainage facilities RP
48. Any premises where there is a repeated history of cross-connections being established or reestablished
RP
49. Unapproved water systems or private piping systems constructed without the approval of the agency or the city's planning and building agency AG
50. Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure that they do not exist
RP
City Council 23 – 13 10/20/2026
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(j) Discontinuance of water service.
(1) Service of water to any premises may be discontinued by the agency, after notice, if a device is not installed, tested, and maintained as required by this section, or if any defect is found in an installed device, or it is found that a device has been removed or bypassed, or if unprotected cross-connections exist on the premises, or if the agency determines a hazard or potential hazard exists.
Service will not be restored until such conditions or defects are corrected. (2) When the agency encounters water uses that represent a clear and immediate hazard to the potable water supply, the agency shall institute the procedure for discontinuing the city water service.
(3) Conditions or water uses that create a basis for refusal to provide or termination of water service shall include, but are not limited to, any of the following items:
(A) Refusal to install a required device.
(B) Refusal to test a device.
(C)Refusal to repair a faulty device.
(D)Refusal to replace a faulty device.
(E) Direct or indirect connection between the public water system and a sewer line.
(F) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants. (G)Unprotected direct or indirect connection between the public water system and an auxiliary water system.
(H)A situation which presents an immediate health hazard to the public water system.
(4) Water service termination procedures shall include the following items:
(A)For conditions (3)(A), (3)(B), (3)(C) or (3)(D) of subsection (j) above, the agency will terminate service to a customer's premises after written notice has been sent, specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
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(B)For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection (j) above, the agency will take the following steps:
(i) Make a reasonable effort to advise customer of intent to terminate water service.
(ii) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the agency.
(k) Information requests. Upon request, the agency will provide interested parties with copies of section 39-29, rules and regulations for the testing and maintenance of devices, and such other advice, information, illustrative sketches, drawings and data as may be necessary to familiarize the customers, engineers, architects and others with agency requirements.
SECTION 3. Chapter 39, Article VI of the Santa Ana Municipal Code is hereby repealed in its entirety.
SECTION 4. Chapter 39, Article VI of the Santa Ana Municipal Code is hereby reenacted in its entirety to read as follows:
ARTICLE VI. WATER CONSERVATION DIVISION
1. GENERALLY
Sec. 39-84. - Purpose.
This article establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and prevent unreasonable method of use of water within the City of Santa Ana in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.
Sec. 39-85- 39-87. - Reserved.
DIVISION 2. - DEFINITIONS
Sec. 39-88. - Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
“City” shall mean the City of Santa Ana, California.
“City Manager” means the chief administrative officer of the City of Santa Ana, as fully described by Article V of the City Charter.
City Council 23 – 15 10/20/2026
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“Cost” means the actual cost to the City, including all labor, material, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, plus the general administrative overhead, in accordance with the accounting practices of the City.
“Customer” means water customer or water user.
“Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property.
“Common interest development” means any of the following:
(a) A community apartment project.
(b) A condominium project.
(c) A planned development.
(d) A stock cooperative.
“Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public. “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.
“Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.
“Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income. “Executive Director of Public Works” means the chief administrative officer of the Public Works Agency of the City of Santa Ana, or his or her designee. “Flow restricting device” or “flow restrictor” means a fitting inserted into the service connection to reduce flow capacity.
“Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf. “Homeowners’ association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
City Council 23 – 16 10/20/2026
Ordinance No. NS-XXX
“Landscape Irrigation System” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.
“Person” shall mean any natural person, corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above. “Potable Water” means water that is suitable for drinking. “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, areas. This recreation may be either formal or informal.
“Recycled water” or “reclaimed water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
“Service connection” means the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter. “Single Pass Cooling Systems” means equipment where water is circulated only once to cool equipment before being disposed.
“Valve” means a device used to control the flow of water. “Water Allocation” shall mean the amount of water a customer may use in a billing cycle pursuant to this article.
"Water customer" means the person in whose name service is rendered as evidenced by the signature on the application, contract or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name, regardless of the identity of the actual user of the service. "Water feature" or "feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. “Water Shortage Contingency Plan” means the plan prepared by the City pursuant to City Council 23 – 17 10/20/2026
Ordinance No. NS-XXX
Water Code Section 10632, as part of the City’s Urban Water Management Plan. “Water Shortage” means the City’s current or anticipated water supply cannot or will not meet water customers’ ordinary demands or requirements without depleting the City’s water supply.
"Water Shortage Emergency" shall mean a condition existing within the City of Santa Ana in which the ordinary water demands and requirements of persons within the City cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the City is unable to meet current water needs of persons within its jurisdiction, as well as a threatened water shortage, in which the City determines that its supply cannot meet an increased future demand.
"Water user" means any user of water including a water customer. “Water System” has the meaning set forth in the City’s Code Section 39-1 or any successor provision thereto.
“Water Waste” has the meaning of wasteful and unreasonable use as defined in the California Water Code or by the City’s permanent water conservation requirements.
DIVISION 3. - RESERVED.
Sec. 39-89 - 39-95. - Reserved.
DIVISION 4. - REGULATIONS GOVERNING WATER CONSERVATION PHASES Sec. 39-96. - Applications.
(a) The provisions of this article apply to any Customer, Person, and property using water provided by and/or used within the City.
(b) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services.
(c) The provisions of this article do not apply to the use of Recycled Water, with the exception of Section 39-99, as Recycled Water is considered a valuable source of water.
(d) The provisions of this article do not apply to the use of water from private wells, with the exception of Section 39-99.
(e) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations City Council 23 – 18 10/20/2026
Ordinance No. NS-XXX
relating to protection of water quality or control of drainage or runoff.
Sec. 39-97. - Procedures for Determination of Water Supply Shortage and Level Implementation.
(a) Under Water Code Section 10632.1, the City is required to submit a water supply and demand assessment "report" to the California Department of Water Resources by July 1 of each year.
(b) The City will follow a written decision-making process defined in the Water Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual basis. (c) The Executive Director of Public Works will determine if a water shortage exists based on the water shortage levels defined in the WSCP.
(d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted WSCP, the City Council shall make findings of water supply shortage and declare the applicable water conservation stage by resolution. The implemented stage of the water supply shortage shall be in effect until the City Council declares that the water supply shortage has ended or until another stage has been implemented.
(e) The public will be informed of the shortage according to the Procedures and Protocols for Communication identified in Section 39-98 of this Ordinance.
Subject to subsequent ratification by the City Council, when the Executive Director of Public Works determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City's water supply, the Executive Director of Public Works may declare a catastrophic water supply shortage and impose emergency water allocation or conservation actions as deemed necessary, in the Executive Director of Public Works' professional judgment, to protect the reliability and quality of the City's water supply, until the emergency passes or the City takes other action.
Sec. 39-98. - Procedures and Protocols for Communication.
Upon declaration of a Water Shortage Emergency, the City will inform all relevant stakeholders, such as Customers, the public, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant level according to the communication procedures identified in the City's WSCP, including:
(a) Any current or predicted shortages as determined by the annual water supply and demand assessment.
(b) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.
(c) Any other relevant communications.
City Council 23 – 19 10/20/2026
Ordinance No. NS-XXX
Sec. 39-99. - Permanent Water Conservation Requirements - Prohibition Against Water Waste.
The following water conservation requirements are effective at all times and are permanent.
Violations of this section will be considered waste and unreasonable use of water.
Noncompliance with restrictions on water waste shall be subject to an administrative citation.
Additionally, the City's WSCP establishes additional demand reduction actions that can be implemented at specified water shortage levels, based on the severity and duration of water shortage conditions.
(a) Washing hard or paved surfaces is prohibited except to alleviate safety or sanitary hazards using a handheld container, hose with an automatic shut off device, or a lowvolume high pressure cleaning machine that recycles used water. (b) Watering vegetated areas in a manner that causes excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter, or ditch is prohibited. (c) No landscape watering shall occur within 48 hours after measurable precipitation. (d) Washing or hosing down vehicles is prohibited except by use of a handheld container, hose with an automatic shut off device, or at a commercial car wash. (e) All decorative water features must re-circulate water or users must secure a waiver from the City.
(f) Fix leaks or faulty sprinklers promptly/within 3 day(s). (g) All new commercial car wash and laundry facilities must re-circulate the wash water or obtain a waiver from the City.
(h) Use a shutoff nozzle on hoses.
(i) Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from water supplier.
(m) The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners' associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:
(1) All properties owned by the Department of General Services, beginning January 1, 2027.
(2) All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027.
City Council 23 – 20 10/20/2026
Ordinance No. NS-XXX
(3) All other institutional properties and all commercial and industrial properties, beginning January 1, 2028.
(4) All common areas of properties of homeowners' associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029.
(5) All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.
(n) Notwithstanding subdivision (m), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.
(o) Any landscaping installed pursuant to the requirements of Ch. 41 shall be subject to all requirements imposed by Ch.39-99.
Sec. 39-100. - Water Shortage Levels.
The City's Water Shortage Contingency Plan defines water supply shortage levels based on increasing percentages of water supply reduction.
The City Council by resolution shall require or impose reductions in the use of water if such reductions are necessary in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies, as defined in the City's Water Shortage Contingency Plan.
Depending on the expected duration and severity of the shortage, these actions may include, but are not limited to, some or all of the demand reduction actions listed for each water supply shortage levels listed in the WSCP.
During each elevated water supply shortage level, the demand reduction action will include the Permanent Water Conservation Requirements and the actions of the previous level(s).
Each level is intended to be more restrictive than the previous level(s). The City may implement other prohibited water uses as determined by the City, after notice to Customers.
In an emergency declaration of Level 6, the City Manager, or designee, may make the declaration, which will be ratified by the City Council at a subsequent public hearing per State law.
Sec. 39-101. - Correlation Between City Water Supply Shortage Levels and California Department of Water Resources Water Supply Shortage Levels.
The City's water supply shortage levels are aligned with theStateWater SupplyShortage Levels City Council 23 – 21 10/20/2026
Ordinance No. NS-XXX
and therefore comply with Water Code Section 10632(a)(3) as may be updated from time to time.
Sec. 39-102. - Levels of Declared Water Supply Shortage.
The City Council is authorized to require or impose reductions in the use of water by resolution if such reductions are necessary to comply with Water Supply Shortage conditions as defined in the City's Water Shortage Contingency Plan.
Sec. 39-103. - Hardship Waiver.
(a) Waiver: If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a Person using water or to property upon which water is used, then the Person may apply for a waiver from the requirements provided in this section. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition.
(1) Application for a Waiver. Application for a waiver must be on a form prescribed by the Executive Director of the Public Works Agency, or his or her designee. (2) Supporting Documentation. The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant.
(3) Required Findings for Waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the City, the Executive Director of the Public Works Agency, or designee, in making the waiver determination, will take into consideration the following:
(A) That the waiver does not constitute a grant of special privilege inconsistent with the limitation upon other City water service Customers;
(B) That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to water service Customers generally;
(C)That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this article and will not be detrimental to the public interest;
(D)That the condition or situation of the subject property or the intended City Council 23 – 22 10/20/2026
Ordinance No. NS-XXX
use of the property for which the waiver is sought is not common, recurrent or general in nature; and
(E) That no Person shall be given relief on appeal for hardship unless the water service Customer has installed water saving devices, as determined by the City, and made every reasonable effort to reduce water use.
(b) Approval Authority. The Executive Director of Public Works, or designee, will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the Executive Director of Public Works, or designee, is final.
Sec. 39-104. - Penalties, Violations, and Enforcement.
Noncompliance with restrictions on water waste shall be subject to an administrative citation.
The penalties set forth in this section shall be additional to those penalties provided in any other section of this Code. The penalties for failure to comply with any of the prohibited use provisions of this article shall be as follows:
(a) First Violation: The City shall issue a written notice pursuant to section 39-105. (b) Second Violation: A second violation within one year from the date of the first violation is punishable by a fine as adopted in the City’s Miscellaneous Fee Schedule. (c) Third and Subsequent Violation(s): A third violation within one year from the date of the first violation and any subsequent violation is punishable by a fine as adopted in the Miscellaneous Fee Schedule. In addition to the fine and at the discretion of the Executive Director of Public Works, or his or her designee, the City may implement one or more of the following:
(1) Water Flow Restrictor Device: The City may install a water flow restrictor device of approximately one gallon per minute.
(2) Termination of Service: Subject to applicable law, the City may disconnect and/or terminate a Customer's water service for a willful violation of mandatory restrictions in this article.
(3) Cost of Restricting Flow or Disconnecting Service: A Person that violates this article is responsible for payment of the City's charges for disconnecting and/or reconnecting service. All associated costs and fines must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
(4) Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense.
City Council 23 – 23 10/20/2026
Ordinance No. NS-XXX
Sec. 39-105. - Notice of Violation.
(a) If any Person fails or refuses to comply with this article, the Executive Director of Public Works, or his or her designee, shall provide that Person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall:
(1) Be posted or presented at the site of the noncompliance; (2) State the time, date, and place of violation;
(3) State a general description of the violation;
(4) State the means to correct the violation;
(5) State a date by which correction is required; and,
(6) State the possible consequences of failing to correct the violation. (b) The City will issue a Notice of Violation by mail or personal delivery to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate at least ten (10) calendar days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken.
(c) Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared Water Shortage Level condition.
Sec. 39-106. - Procedures for Monitoring Compliance and Reporting to the State.
In order to ensure compliance with state reporting requirements and Customer compliance, the City will ensure to collect, track, and analyze relevant data per the procedures defined in the WSCP.
Sec. 39-107. - Reevaluation and Improvement Process of Water Shortage Procedures.
To ensure that water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP as needed.
Sec. 39-108 - 39-116. - Reserved.
SECTION 5. The City Council finds, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, that the introduction and adoption of the proposed ordinance is exempt from environmental review as the ordinance establishes City Council 23 – 24 10/20/2026
Ordinance No. NS-XXX
regulations and procedures for the maintenance and protection of water resources and the environment pursuant to Title 14 of the California Code of Regulations §§ 15307, 15308. In addition, pursuant to California Water Code § 10652, actions taken to implement water shortage contingency plans are not subject to CEQA. Further, the proposed ordinance is exempt as it contains enforcement actions by a regulatory agency. (14 CCR §15321.) Moreover, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the administrative, regulatory, and enforcement provisions of this ordinance may have a significant effect on the environment. (14 CCR § 15061(b)(3).) SECTION 6. Severability. If any section, subsection, sentence, clause, phase, 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 8. Publication. City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law.
ADOPTED this ___ day of __________________, 2026.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Kyle Nellesen
Assistant City Attorney
City Council 23 – 25 10/20/2026
Ordinance No. NS-XXX
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 Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on City of Santa Ana_________________, 2026.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 23 – 26 10/20/2026
Police Department
www.santa-ana.gov/pd
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Ordinance Regarding the Operation of Bicycles Including Electric Bicycles
AGENDA TITLE
Ordinance Amending Sections 36-7 and 36-41 of Chapter 36 (Traffic) of the Santa Ana Municipal Code and Adding Division 3 to Article 1 of Chapter 36 Pertaining to Regulations Regarding the Operation of Bicycles Including Electric Bicycles; Authorizing Safekeeping, Removal, and Impounding in Certain Circumstances and Prescribing Penalties for Violation (Continued from the Regular City Council meeting of October 6, 2026, Item 28)
RECOMMENDED ACTION
1. Introduce for first reading an Ordinance Amending Chapter 36 (Traffic) as follows:
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 (TRAFFIC) OF THE SANTA ANA MUNICIPAL CODE, SPECIFICALLY SECTIONS 36-7 REGARDING BICYCLES AND 36-41 REGARDING MISCELLANEOUS DRIVING MOVEMENTS AND ACTS PROHIBITED, ADDING DIVISION 3 REGARDING REGULATIONS OF
BICYCLES INCLUDING ELECTRIC BICYCLES, AUTHORIZING SAFEKEEPING,
REMOVAL AND IMPOUNDING IN CERTAIN CIRCUMSTANCES, AND
ESTABLISHING PENALTIES FOR VIOLATION
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Section 15060(c)(2), Section 15060(c)(3), and/or Section 15061(b)(3).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
State law includes electric bicycles (e-bikes) in the definition of bicycles. (California Vehicle Code section 231) In recent years there has been a marked increase in the sale of electric bikes and these bikes are very popular with minors and adults alike. Ebikes, similar to traditional bicycles, offer a less expensive transportation option versus a motor vehicle and are considered a more climate-friendly alternative to gas or dieselCity Council 24 – 1 10/20/2026 Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 20, 2026
powered vehicles or devices. However, e-bikes also operate at speeds not normally seen by operators of traditional bicycles exclusively powered by human power and recent studies have equated e-bike accidents with an increase in the amount of accidents and the severity of injuries when compared to traditional bicycle accidents.
A February 2026 study conducted by Children’s Hospital of Orange County, now Rady Children’s Hospital, noted that between 2019 and 2023 there was a “sharp increase” in electric bicycle injuries with 4.18% in 2019 and 49.8% in 2023 only four years later. The study went on to find in the data reviewed for pediatric patients that internal injuries, many to the head, face, and neck, are most often sustained in e-bike accidents related to speeds greater than 20 miles per hour where children have lost control.
The Orange County District Attorney’s Office has recognized the dangers associated with the operation of e-bikes and electric motorcycles by minors when in May 2026, it created a new E-Bike/E-Motorcycle Unit- Smart Accountability for E-Bikes and E-Motos and Law Enforcement for Youth. According to the District Attorney’s Office Press Release, more than 100 deaths have been attributed to e-bikes and e-motorcycles in the United States and injuries have spiked 430% in the last four years in Southern California.
In April 2026, California Attorney General Rob Bonta and several Northern California county District Attorneys issued a consumer alert on e-bike safety and legal requirements. The purpose of the consumer alert was to remind manufacturers, retailers, consumers, and parents about California safety law governing e-bikes. In particular, the fact that two wheeled vehicles that go over 28 miles per hour with pedal assistance or 20 miles per hour with throttle assistance are not e-bikes. Instead, under California law, these vehicles are mopeds or motorcycles and require additional licensing and age requirements to operate and sell. The consumer alert noted “importantly, modifying an e-bike to exceed the speed limits may transform the e-bike into a motorcycle or moped under California law, and may be a crime if riders do not have appropriate licenses.”
A study published in July 2026, conducted an analysis of the California Highway Patrol Statewide Integrated Traffic Records System (SWITRS) from 2018 to 2024 regarding ebike collisions. The study found that e-bike collisions increased sharply during the time studied. In 2018 there were two incidents and in 2024 there were 1,566. The study concluded that e-bike injuries are rapidly increasing in California and are associated with a higher severity of injuries compared with traditional bicycles and found that urgent efforts are needed for targeted prevention, regulatory alignment, and rider education.
The City recognizes the extensive use of e-bikes throughout the City, the popularity amongst minors particularly teenagers, and the propensity for serious injury as a result of accidents. On August 11, 2026, there was a fatal accident at Santiago Street and Santa Ana Boulevard in the City of Santa Ana involving an individual riding an electric City Council 24 – 2 10/20/2026
Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 20, 2026
bike. The day before, on August 10, 2026, there was a serious accident on South Raitt Street resulting in injury to an individual riding an electric bicycle. In the past three years, there have been five fatal accidents in the City involving e-bikes. The proposed ordinance seeks to regulate the use of bicycles including all classes of e-bikes on sidewalks and other public property in an effort to protect both pedestrians and operators of e-bikes.
The California Vehicle Code defines several different classes of e-bikes relevant to the proposed ordinance as follows:
Name California Vehicle
Code Section
Definition
Electric Bicycle 312.5(a) A bicycle equipped with fully operable pedals and an electric
motor that does not exceed 750
watts of power.
Class 1 Electric
Bicycle
312.5(a)(1) Also called a “low-speed pedalassisted electric bicycle” is a bicycle equipped with a motor that provides
assistance only when the rider is
pedaling, that is not capable of
exclusively propelling the bicycle
except with start assistance or a
walk mode that propels the electric
bicycle on motor power alone, up to
a maximum speed of 3.7 miles per
hour, that ceases to provide
assistance when the bicycle reaches
the speed of 20 miles per hour, and
that is not capable of providing
assistance to reach speeds greater
than 20 miles per hour.
Class 2 Electric
Bicycle
312.5(a)(2) Also called a “low-speed throttleassisted electric bicycle” is a bicycle equipped with a motor that may be
used exclusively to propel the
bicycle, and that is not capable of
providing assistance when the
bicycle reaches the speed of 20
miles per hour.
Class 3 Electric
Bicycle
312.5(a)(3) Also called a “speed pedal-assisted
electric bicycle” is a bicycle
equipped with a motor that provides
assistance only when the ride is
City Council 24 – 3 10/20/2026
Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 20, 2026
pedaling, that is not capable of
exclusively propelling the bicycle
except with start assistance or a
walk mode that propels the electric
bicycle on motor power alone, up to
a maximum speed of 3.7 miles per
hour, and that ceases to provide
assistance when the bicycle reaches
the speed of 28 miles per hour, and
equipped with a speedometer.
Proposed Amendments
The ordinance amendment seeks to change the current municipal code to update the definition of bicycle and to add definitions for electric bicycles including those defined as class 1 – class 3. All of these definitions will align with those definitions set forth in the California Vehicle Code.
The proposed ordinance will also move certain prohibited bicycle operations already in section 36-41 of the code into the proposed Division 3 of Article 1 of Chapter 36 regulating the operation of bicycles.
The amendment proposes to regulate bicycles by making it unlawful for any person to operate a bicycle including an electric bicycle in an unsafe manner on any public sidewalk or private sidewalk held open for public use in the City. Operating a bicycle in an unsafe manner includes, but is not limited to, any one or more of the following:
• Operating at a speed greater than 10 miles per hour;
• Operating at a speed greater than 5 miles per hour in a school zone or when pedestrians are present;
• Operating in a manner not consistent with the design of the bicycle including, but not limited to, carrying more passengers than the manufacturer’s specifications allow or carrying passengers in a manner other than designed; • Operating at a speed greater than reasonable or prudent under the conditions existing at the time;
• Operating while failing to obey any posted sign regulating operation including signs prohibiting operation in specified areas; and/or
• Operating while failing to yield the right-of-way to pedestrians.
In addition, it would be unlawful to operate a bicycle including an e-bike as follows:
• On a sidewalk or walkway in the Civic Center (previously in Section 36-41); • On any public playground;
City Council 24 – 4 10/20/2026
Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 20, 2026
• On any public sports field; on any grass or synthetic turf in a public park, parkway, or public right-of-way; and/or
• On any public dirt walking path, unpaved trail, or any splash pad.
Safekeeping
The ordinance amendment authorizes a peace officer to hold a bicycle for safekeeping if a minor is found in violation of section 36-50 and no parent or legal guardian is present and the violation constitutes an immediate danger to the health and safety of the minor or member of the public. If the bicycle is held for safekeeping, it is to be released as soon as practicable and a fee for actual administrative costs related to holding the bicycle for safekeeping may be charged.
Impounding in Certain Circumstances
California Vehicle Code section 22651.08 authorizes a peace officer to remove and impound a class 3 electric bicycle being operated by a minor under the age of 16. State law also authorizes the City to charge a fee for the impound not to exceed its actual administrative costs directly related to the removal, impounding, and storage of the class 3 bicycle. The amount of administrative costs will be determined by the Santa Ana Police Department and a resolution will be presented to the City Council for approval to authorize a specific fee based upon a determination of the actual costs.
The ordinance authorizes release of any impounded class 3 electric bicycle after 48 hours and payment of applicable fees and proof that the operator has completed an electric bicycle safety and training program as described in section 894 of the Streets and Highways Code, or a related local bicycle safety course, as prescribed by the Chief of Police or the Chief’s designee. Further, a legal owner of the class 3 electric bicycle over the age of 18 or the operator’s parent or legal guardian may contest impounding pursuant to California Vehicle Code section 22852.
Finally, the proposed ordinance amendment provides that any bicycle left after safekeeping or impounding in excess of 90 days is considered abandoned and allows the City to dispose of such property pursuant to sections 2-705 and 2-705.5 of the municipal code.
Penalties
The proposed penalties for operating a bicycle in an unsafe manner are an infraction and/or an administrative citation pursuant to section 1-21 et seq, of the code. If cited as an infraction, the fines will not exceed the following:
• Initial conviction- Fifty dollars ($50.00);
• Second conviction within a one year period- One hundred dollars ($100.00); or City Council 24 – 5 10/20/2026
Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 20, 2026
• Third or subsequent conviction within a one year period- Two hundred and fifty dollars ($250.00).
Responsibility of Parent or Legal Guardian
The amendments allow the City to issue a citation to any parent that knowingly authorizes or permits a minor to violate section 36-50 [Unlawful Operation of a Bicycle] regardless of whether the minor is cited. The City may also issue a written notice to the minor’s parent or legal guardian advising as follows:
• Operating of a bicycle in violation of section 36-50 of the code may result in civil liability for damages caused by the minor;
• Knowingly permitting, encouraging, or supplying a bicycle to a minor who is operating it in violation of this code may subject the parent or legal guardian to civil or criminal responsibility under applicable state law; and • Failure to take reasonable steps to prevent further violations may be considered evidence of negligent supervision or other liability as provided by law.
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 because it will not result in a direct or reasonably foreseeable indirect physical change, is not a project, and there is no possibility that the activity may have a significant effect on the environment pursuant to Title 14 of the California Code of Regulations §§ 15060(c)(2), 15060(c)(3), and/or 15061(b)(3).
FISCAL IMPACT
Potential revenues from citations or penalties remain indeterminate at this time, as staff intends to prioritize public education on the new ordinance over active enforcement resulting in fines.
EXHIBIT(S)
1. Proposed Ordinance
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 24 – 6 10/20/2026
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 36 (TRAFFIC)
OF THE SANTA ANA MUNICIPAL CODE,
SPECIFICALLY SECTIONS 36-7 REGARDING
BICYCLES AND 36-41 REGARDING MISCELLANEOUS
DRIVING MOVEMENTS AND ACTS PROHIBITED,
ADDING DIVISION 3 REGARDING REGULATIONS OF
BICYCLES INCLUDING ELECTRIC BICYCLES,
AUTHORIZING SAFEKEEPING, REMOVAL AND
IMPOUNDING IN CERTAIN CIRCUMSTANCES, AND
ESTABLISHING PENALTIES FOR VIOLATION.
WHEREAS, there has been a marked increase in the sale of electric bikes in recent years; and
WHEREAS, electric bicycles are a less expensive option for transportation with environmental benefits compared to gasoline and/or diesel powered vehicles or devices. However, electric bicycles also operate at speeds not normally seen by operators of traditional bicycles exclusively powered by human power; and WHEREAS, a February 2026 study conducted by Children’s Hospital of Orange County now Rady Children’s Hospital1 noted that between 2019 and 2023 there was a “sharp increase” in electric bicycle injuries with 4.18% in 2019 and
49.8% in 2023. The study went on to find in the data reviewed for pediatric patients, internal organ injuries, many to the head, face and neck, are most often sustained in electric bicycle injuries related to speeds greater than 20 miles per hour; and WHEREAS, in the past three years, in the City of Santa Ana, there have been five fatal (5) collisions involving electric bicycles; and WHEREAS, on August 10, 2026, there was a serious accident on South Raitt Street in the City of Santa Ana resulting in injury to an individual riding an electric bicycle; and
WHEREAS, on August 11, 2026, there was a fatal accident at Santiago Street and Santa Ana Boulevard in the City of Santa Ana involving an individual riding an electric bicycle; and
1 Zoe E. Flyer, Andreina Giron, John Schomberg, Mary Maginas, Jeffrey Nahmias, Yigit S. Guner, Romeo Ignacio, Troy Reyna, David Gibbs, Laura F. Goodman,
Electric-bicycles and speed-related trauma in pediatrics: Risk of internal injury and hospitalization, Injury, Volume 57, Issue 5, 2026, 112931, ISSN 0020-1383 https://doi.org/10.1016/j.injury.2025.112931.
EXHIBIT 1
City Council 24 – 7 10/20/2026
Ordinance No. NS-XXX
WHEREAS, Vehicle Code section 21100(h) authorizes cities to regulate the operation of bicycles on public sidewalks and the definition of bicycles under state law includes electric bicycles; and
WHEREAS, Vehicle Code section 21206 allows local regulation by ordinance regarding the registration of bicycles and the parking and operation of bicycles on pedestrian and bicycles facilities, provided such regulation is not in conflict with the Vehicle Code; and
WHEREAS, Vehicle Code section 21207.5(b) allows a governing body of a public agency having jurisdiction over an equestrian trail, or hiking or recreational trail, to prohibit, by ordinance, the operation of an electric bicycle or any class of electric bicycle on that trail; and
WHEREAS, AB 875 (2026) gives local police agencies the ability to impound Class 3 electric bicycles operated by a person under the age of 16; and WHEREAS, due to the operation of electric bicycles at higher speeds (up to 20-28 miles per hour) then bicycles exclusively powered by human power, studies have found an increase in the potential for serious injuries and fatalities when crashes occur2.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council for the City of Santa Ana hereby amends Division 1 (Definitions) of Article 1 (In General) of Chapter 36 (Traffic) of the Santa Ana 2 The United States Consumer Product Safety Commission’s April 2026 reported “Micromobility ProductsRelated Deaths, Injuries, and Hazard Patterns: 2017-2024 found that e-bike fatalities increased from zero in 2017 to 97 in 2024 for a total of 310 during the studied time frame. Staff review of information available regarding the 310 e-bike fatalities indicated the following hazards: collisions with moving or parked vehicle was the leading cause of death; 61 were due to control issues, such as crashing into fixed objects; 19 fatalities were associated with lithium-ion battery related fires and an additional 19 involved accidents with pedestrians, 35 resulted from unknown falls, 2 resulted from component failures, and 3 from intoxication at the time of the accident. https://www.cpsc.gov/s3fs-public/Micromobility_ProductsRelated_Deaths_Injuries_and_Hazard_Patterns_2017-2024.pdf Austin J, Perkins L, Haines LN, Kobayashi L, Berndtson AE, Weaver JL, et al. An exponential increase in e-bike injuries in California. Trauma Surgery & Acute Care Open. 2026;11:e002099. https://doi.org/10.1136/tsaco-2025-002099. The study concluded that e-bike injuries are rapidly increasing in California and are associated with a higher severity of injuries compared with traditional bicycles and urgent efforts are needed for targeted prevention, regulatory alignment, and rider education.
City Council 24 – 8 10/20/2026
Ordinance No. NS-XXX
Municipal Code to amend the definition of bicycle and to add definitions for the different classes of electric bicycles as follows (added language is underlined, deleted language is stricken):
Chapter 36- TRAFFIC
ARTICLE I. – IN GENERAL
DIVISION 1.- DEFINITIONS
Sec. 36-7. - Bicycle.
A “b Bicycle is a light vehicle without a motor, having two (2) wheels, handlebars and a seat or seats, and propelled by the operator. means a device upon which a person may ride, propelled exclusively by human power through a belt, chain or gears or when equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power, and having one or more wheels, and has the same meaning as California Vehicle Code section 231 as it may be amended from time to time. “Bicycle” includes any Class 1, 2 and 3 electric bicycle and any other electric bicycle.
Sec. 36-7.1 – Electric Bicycle.
“Electric bicycle” means a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power, and has the same meaning as in California Vehicle Code section 312.5(a), as it may be amended from time to time. “Electric bicycle” includes all classes of electric bicycles.
Sec. 36-7.2 – Class 1 Electric Bicycle.
“Class 1 electric bicycle” or “low-speed pedal assisted electric bicycle” means a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle except when it has start assistance or a walk mode that propels the electric bicycle on motor power alone up to a maximum speed of 3.7 miles per hour and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, that is not capable of providing assistance to reach speeds greater than 20 miles per hour, and has the same meaning as in California Vehicle Code section 312.5(a)(1), as it may be amended from time to time.
Sec. 36-7.3 – Class 2 Electric Bicycle.
“Class 2 electric bicycle” or “low-speed throttle-assisted electric bicycle” means a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour, and has the same meaning as in California Vehicle Code section 312.5(a)(2), as it may be amended from time to time.
City Council 24 – 9 10/20/2026
Ordinance No. NS-XXX
Sec. 36-7.4 – Class 3 Electric Bicycle.
“Class 3 electric bicycle” or “speed pedal-assisted electric bicycle” means a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle except when it has start assistance or a walk mode that propel the electric bicycle on motor power alone, up to a speed of 3.7 miles per hour, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour and is equipped with a speedometer, and has the same meaning as in California Vehicle Code section 312.5(a)(3), as it may be amended from time to time.
Section 3. The City Council for the City of Santa Ana hereby amends section 36- 41 of Division 2 “Administration, Enforcement and Miscellaneous Provisions” of Article 1 (In General) of Chapter 36 (Traffic) of the Santa Ana Municipal Code to read as follows (added language is underlined, deleted language is stricken):
DIVISION 2. – ADMINISTRATION, ENFORCEMENT AND
MISCELLANEOUS PROVISIONS
Sec. 36-41. Miscellaneous driving movements and acts prohibited.
No person shall:
(1) Drive between the vehicles comprising a funeral procession while it is in motion and when such vehicles are identified as part of such procession by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the chief of police.
This provision shall not apply at intersections where traffic is controlled by trafficcontrol signals or police officers. (2) While riding any bicycle, motorcycle, coaster, skateboard, or motorized skateboard, roller skates, or any toy vehicle, attach the same or himself to any moving vehicle upon any roadway, and no person driving any vehicle shall permit the same to be done.
(3) Drive any motor vehicle within or over any sidewalk area or any parkway except at a driveway.
(4) Drive over or across any new pavement or freshly painted marking, when any street barrier, sign or marking is in place, warning persons not to drive over or across the same, or when a sign is in place stating that the street, or any portion thereof, is closed.
(5) Drive or operate a vehicle contrary to the directions or provisions of any barrier City Council 24 – 10 10/20/2026
Ordinance No. NS-XXX
or sign erected pursuant to the provisions of any ordinance of the city, or by any public utilities, or by any department of the city, or by any other person pursuant to law or contract with the city, and no unauthorized person shall move or alter the position of any such barrier or sign.
(6) Drive a vehicle onto or from any freeway except at such entrances and exits as are established by public authority.
(7) Park any vehicle within three hundred (300) feet of any fire apparatus which is stopped in answer to a fire alarm.
(8) Ride a bicycle or skateboard upon a sidewalk within a business district, as that term is defined in California Vehicle Code, Section 235. Whenever any person is riding a bicycle or skateboard upon a sidewalk other than in a business district, or in any other public place, such person shall yield the right-of-way to any pedestrian.
(9) Drive a vehicle into an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians in such intersection or crosswalk, notwithstanding any official traffic-control device or signal indication to proceed. (10) Drive any motor vehicle upon or over a median.
(11) Ride a bicycle, skateboard, motorized scooter, roller skates, or any other device or conveyance with a riding surface of any design which is designed to be or can be propelled by human power within the civic center. Any person convicted of violating this subsection shall be punished by a fine which shall not exceed twenty-five dollars ($25.00) and for any subsequent convictions within one year shall be punished with a fine which does not exceed seventyfive dollars ($75.00).
Section 4. The City Council for the City of Santa Ana hereby adds Division 3 entitled “Regulation of Bicycles” to Article 1 (In General) of Chapter 36 (Traffic) of the Santa Ana Municipal Code to read as follows (added language is underlined, deleted language is stricken):
DIVISION 3. – REGULATION OF BICYCLES
Sec. 36-50. – Unlawful Operation of a Bicycle.
(a) It shall be unlawful to operate a bicycle in an unsafe manner on any public sidewalk or private sidewalk held open for public use in the City.
Operating a bicycle on a sidewalk in an unsafe manner includes, but is not City Council 24 – 11 10/20/2026
Ordinance No. NS-XXX
limited to, any one or more of the following:
(1) operating at a speed greater than 10 miles per hour; or (2) operating at a speed greater than 5 miles per hour in a school zone or when pedestrians are present; or
(3) operating in a manner not consistent with the design of the bicycle including, but not limited to, carrying more passengers than the manufacturer’s specifications allow or carrying passengers in a manner other than designed; or
(4) operating at a speed greater than is reasonable or prudent under the conditions existing at the time; or
(5) operating while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas; or (6) operating while lifting the front or back wheel off the ground and only maintaining one wheel on the sidewalk; or
(7) operating while failing to yield the right-of-way to pedestrians. (b) It shall be unlawful to operate a bicycle on a sidewalk or walkway within the civic center; on any public playground; on any public sports field; on any grass or synthetic turf in a public park, parkway, or public right-of-way; on any public dirt walking path, unpaved trail; or any splash pad.
Sec. 36-51. – Removal and Impoundment; Safekeeping; Recovery of Administrative Costs.
(a) Pursuant to California Vehicle Code section 22651.08((a)(2), a peace officer is authorized to remove and impound a Class 3 electric bicycle operated by a person under the age of sixteen (16).
(b) A Class 3 electric bicycle impounded pursuant to California Vehicle Code section 22651.08((a)(2) shall be released to the registered owner, the operator, or their authorized agent no sooner than forty-eight (48) hours after seizure provided:
(1) A request for release is submitted during normal business hours; and (2) The applicable removal, seizure, and storage costs have been paid; and
(3) The owner, operator, or the parent or legal guardian of the owner or City Council 24 – 12 10/20/2026
Ordinance No. NS-XXX
operator delivers proof that the operator has completed an electric bicycle safety and training program, as described in section 894 of the Streets and Highways Code, or a related local bicycle safety course, as prescribed by the Chief of Police or the Chief of Police’s designee.
(c) If a person under the age of 18 is found in violation of section 36-50, and no parent or guardian is present, and the violation for which the bicycle was operated constitutes an immediate danger to the health and safety of the minor operator or to members of the public, the peace officer may take immediate possession of the bicycle and transport the device or tow the bicycle as necessary for safekeeping to the Santa Ana Police Department or a designated holding facility. The bicycle shall be released by the Santa Ana Police Department or its designee as soon as practicable during normal business hours to the parent or legal guardian of the person under the age of 18 and/or to the legal owner of the bicycle provided the owner is over the age of 18. (d) The City Council shall by resolution establish a fee in an amount not to exceed the actual administrative costs directly related to the safekeeping, removal, impoundment, and storage of a bicycle pursuant to this section. (e) A parent or legal guardian of a person under the age of 18 operating an impounded Class 3 electric bicycle under subsection (a) and/or legal owner over the age of 18 may contest the removal and impoundment by filing a request for a poststorage hearing as required pursuant to California Vehicle Code section 22852 as may be amended from time to time.
(f) This subsection does not override any other section of the code or any other provision of federal or state law which allows impounding of a vehicle. (g) Any bicycle impounded or kept for safekeeping pursuant to this division that is not retrieved by the legal owner or a parent or legal guardian of a minor operator within ninety (90) days after the date of impoundment or safekeeping shall be considered abandoned and the City may dispose of it pursuant to section 2-705 or 2- 705.5 of this code.
Sec. 36-52. - Penalties.
(a) A violation of section 36-50 shall be deemed an infraction. A fine shall be assessed pursuant to section 36-27(b) of this code.
(b) Notwithstanding subsection (a), any violation of section 36-50, at the discretion of the enforcing officer, in lieu of an infraction penalty, be issued an administrative citation in accordance with sections 1-21 et seq. of this code and in an amount established by resolution of the City Council.
(c) The remedies provided by this section are cumulative and in addition to any City Council 24 – 13 10/20/2026
Ordinance No. NS-XXX
other remedies available to the city at law or in equity. (d) This section shall not preclude or prohibit the issuance of a misdemeanor or infraction citation to a court of competent jurisdiction for any violation of the California Vehicle Code or other offense committed while operating a bicycle including any class of electric bicycle.
Sec. 36-53. – Responsibility of Parent or Legal Guardian The parent or legal guardian of any minor, shall not authorize or knowingly permit any minor child to violate section 36-50.
(a) any parent or legal guardian who knowingly authorizes or permits any minor to violate section 36-50 of this code may be issued a citation for a violation of this section.
The minor committing the violation does not have to be issued a citation for the parent or legal guardian to be held in violation of this section. (b) After determining that a minor has operated a bicycle in violation of section 36-50 of this code, the city may issue written notice to the minor’s parent or legal guardian. The notice may advise that:
(1) Operation of a bicycle in violation of section 36-50 of this code may result in civil liability for damages caused by a minor. (2) Knowingly permitting, encouraging or supplying a bicycle to a minor who is operating it in violation of this code may subject the parent or legal guardian to criminal or civil responsibility under applicable state law; and
(3) Failure to take reasonable steps to prevent further violations may be considered evidence of negligent supervision or other liability as provided by law.
Sec. 36-54.- Exemptions.
(a) This division shall not apply to electric wheelchairs, mobility scooters or other assistive mobility devices used by person with disabilities, consistent with the federal law, state law or applicable regulations.
(b) Law enforcement, or other City personnel acting within the course and scope of their official duties.
Section 5. The City Council has reviewed this ordinance, staff report, administrative record including written and oral public comment and hereby finds that this ordinance is not subject to CEQA because it will not result in a direct or reasonably foreseeable City Council 24 – 14 10/20/2026
Ordinance No. NS-XXX
indirect physical change, is not a project, and there is no possibility that the activity may have a significant effect on the environment pursuant to Title 14 of the California Code of Regulations §§ 15060(c)(2), 15060(c)(3), and/or 15061(b)(3).
Section 6. If any section, subsection, clause or 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 for the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase or portion thereof irrespective of the fact that any one of more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional.
Section 7. This ordinance shall become effective thirty (30) days after its adoption.
Section 8. 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 October, 2026.
_______________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers __________________________________ NOES: Councilmembers __________________________________ ABSTAIN: Councilmembers __________________________________ NOT PRESENT: Councilmembers __________________________________ City Council 24 – 15 10/20/2026
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-XXX 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
CERTIFICATE OF ATTESTATION AND ORIGINALITY
City Council 24 – 16 10/20/2026
Planning and Building Agency
www.santa-ana.org/pb
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: General Plan Amendment No. 2026-01, Amendment Application No. 2026-03, Vesting Tentative Tract Map No. 2025-04, and Density Bonus Agreement No. 2025-04 – First and Mountain View Project (4320 West First Street and 201 South Mountain View Street)
AGENDA TITLE
General Plan Amendment No. 2026-01, Amendment Application No. 2026-03, Vesting Tentative Tract Map No. 2025-04, and Density Bonus Agreement No. 2025-04 – First and Mountain View Project located at 4320 West First Street and 201 South Mountain View Street (Continued from the Regular City Council Meeting of October 6, 2026) Legal notice published in the OC Reporter on September 25, 2026 and notices mailed on September 24, 2026.
RECOMMENDED ACTION
1. Adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (SCH No. 2026050141), Environmental Review No. 2025-47;
2. Adopt a resolution approving General Plan Amendment No. 2026-01; RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2026- 01 AMENDING THE LAND USE DESIGNATION IN THE LAND USE ELEMENT
FROM GENERAL COMMERCIAL (GC) AND LOW-MEDIUM DENSITY
RESIDENTIAL (LMR-11) TO URBAN NEIGHBORHOOD-LOW (UN-20) FOR THE PROPERTIES LOCATED AT 4320 WEST FIRST STREET AND 201 SOUTH MOUNTAIN VIEW STREET (APNS: 188-021-11, 188-021-12, & 188-021-10)
3. Introduce for first reading an ordinance approving Amendment Application No. 2026- 03 to establish Specific Development No. 98;
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2026- 03 AMENDING THE ZONING CLASSIFICATION FOR THE PROPERTIES LOCATED AT 4320 WEST FIRST STREET AND 201 SOUTH MOUNTAIN VIEW City Council 25 – 1 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
STREET FROM GENERAL COMMERCIAL (C2) AND LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 98 (SD-98) AND ADOPTING SD-98 FOR SAID PROPERTIES (APNS: 188-021-11, 188-021-12, & 188-021-10); read by title only and waive further reading.
4. Adopt a resolution approving Density Bonus Agreement No. 2025-04; RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2025-04 FOR A MULTI-FAMILY DEVELOPMENT WITH SIXTY-ONE RESIDENTIAL UNITS, INCLUDING THREE UNITS PROPOSED AS AFFORDABLE TO VERY LOWINCOME HOUSEHOLDS FOR THE PROPERTY LOCATED AT 4320 WEST FIRST STREET AND 201 SOUTH MOUNTAIN VIEW STREET (APNS: 188-021-11, 188- 021-12, & 188-021-10)
5. Authorize the City Manager to execute a Density Bonus Agreement with Santa Ana MV, LLC, with a 55-year covenant term, for a rental residential development consisting of a 61 unit multi-family residential development, including three affordable units (five percent of the base density units) proposed as affordable to very low-income households, at the property located at 4320 West First Street and 201 South Mountain View Street (Agreement No. A-2026-XXX); and
6. Adopt a resolution approving Vesting Tentative Tract Map No. 2026-04 (County Map No. 19391), as conditioned.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2025-04 (COUNTY MAP NO. 19391) AS CONDITIONED TO ALLOW A SIXTY-ONE
UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE PROPERTIES LOCATED AT 4320 WEST FIRST STREET AND 201 SOUTH MOUNTAIN VIEW STREET (APNS: 188-021-11, 188-021-12, & 188-021-10)
GOVERNMENT CODE §84308 APPLIES: Yes
EXECUTIVE SUMMARY
Santa Ana MV LLC (“Property Owner”), represented by Storm Bird of Storm Properties, Inc. (“Applicant”), is requesting approvals of: (1) General Plan Amendment (“GPA”) No. 2026-01 to change the site’s General Plan land use designation from General Commercial (GC) and Low-Medium Density Residential (LMR-11) to Urban Neighborhood-Low (UN-20); (2) Amendment Application (“AA”) No. 2026-03 to change the site’s zoning classification from General Commercial (C2) and Light Industrial (M1) to Specific Development (“SD”) No. 98 (SD-98) and to adopt SD No. 98; (3) Vesting Tentative Tract Map (“VTTM”) No. 2025-04 (County Map No. 19391) to subdivide the development for condominium purposes; and (4) Density Bonus Agreement (“DBA”) No. 2025-04 to allow the construction of a 61-unit for-sale townhome community, including three live-work City Council 25 – 2 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
units and 10 units designed with a ground-floor flex space that may also function as commercial spaces at the property located at 4320 West First Street and 201 South Mountain View Street (“Project”).
The Project includes three very low-income affordable ownership units for households earning 30-50 percent (30-50%) of the Area Median Income (AMI), qualifying it for a 20- percent density bonus and one concession pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. As proposed, the Project will utilize one concession to deviate from the General Plan UN-20 floor area ratio (FAR) maximum development standard through the density bonus agreement pursuant to California Government Code. The Applicant also utilizes the parking ratios established by Government Code Section 65915(p), which are available by right for qualifying affordable housing developments and do not constitute a concession, waiver, or reduction in development standards. These Density Bonus Law benefits were approved by the Planning Commission on September 14, 2026.
In accordance with 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.
An Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project in accordance with the California Environmental Quality Act (CEQA). With implementation of the identified mitigation measures, all environmental impacts would be reduced to less than significant, and no significant unavoidable environmental impacts were identified.
Staff recommends approval of the requests as they are consistent with the General Plan and advances key City objectives by delivering 61 for-sale residential units, including onsite affordable housing, on an underutilized site that has been the subject of ongoing code enforcement activity without adverse environmental or public health impacts. The Project provides high-quality ownership housing with thoughtful site planning and architecture that enhances a major transit corridor while remaining compatible with surrounding residential, commercial, and institutional uses. It also supports the City’s semiurban village concept by creating a well-connected development near schools, parks, and shopping, with live-work units offering neighborhood-serving commercial opportunities.
Planning Commission Action
On September 14, 2026, the Planning Commission held a public hearing for the Project and voted 6:0:1, with Commissioner Oliva absent, to approve a development concession as part of the density bonus agreement, based on the required findings pursuant to Section 41-1607 of the SAMC. Following this vote, the item requires City Council approval of the density bonus agreement. At the same meeting, the Planning Commission voted to City Council 25 – 3 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
recommend that City Council adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approve General Plan Amendment No. 2026-01, approve Amendment Application No. 2026-03, and approve Vesting Tentative Tract Map No. 2026-04 (County Map No. 19391).
DISCUSSION
Background and Context
The project site was historically utilized for agricultural purposes as early as 1953, prior to subsequent development in the mid-1960s. Initial urban development occurred in 1965 with the construction of a union hall facility on the northwest portion of the property, which was later demolished in 1996. The property transitioned to a commercial food truck commissary for commercial vehicle storage and ancillary food preparation activities in 1977 and operated through April 2025; however, the commissary use was unpermitted, as the approved certificate of occupancy only authorized wholesale catering supply.
Existing industrial and commercial improvements included a warehouse with office on the southern portion of the site that previously supported these commissary operations but are currently vacant.
Project Description
The Project site consists of three contiguous parcels totaling approximately 2.55 net acres after street dedication, located at the southeast corner of the intersection of First Street and Mountain View Street. The Applicant requests approval of the necessary entitlements to develop a 61-unit for-sale townhome community, including three live-work units and 10 units designed with a ground-floor flex space that may function as either a bedroom or a commercial space. The proposed development consists of nine three-story buildings with attached garages, private and common open space areas, guest parking, landscaping, internal circulation, and frontage improvements along First Street and Mountain View Street.
Development of the Project requires a General Plan Amendment (GPA) to change the land use designation from General Commercial (GC) and Low-Medium Density Residential (LMR-11) to Urban Neighborhood-Low (UN-20). An Amendment Application (AA) is also requested to change the zoning designation from General Commercial (C2) and Light Industrial (M1) to Specific Development No. 98 (SD-98) and adopt the SD-98 zoning district. The SD-98 designation is proposed because development standards implementing the UN-20 general plan designation have not yet been established.
Of the 61 proposed units, three will be affordable ownership units for very low-income households earning between 30 and 50 percent (30-50%) of Area Median Income (AMI), currently $93,050 for a four-person household, as published by the California Department of Housing and Community Development (HCD) for 2026. The affordable units will include one three-bedroom unit, one standard four-bedroom unit, and one four-bedroom unit with a ground-floor flex space that may function as either a bedroom or commercial space. Unit sizes will range from approximately 2,036 to 2,386 square feet and will include full kitchens, bedrooms, bathrooms, common living areas, and garages.
City Council 25 – 4 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
Table 1: Project and Location Information
Item Information
Project Address & Council Ward 4320 West First Street and 201 South Mountain View Street – Ward 1
Nearest Intersection First Street and Newhope Street
Existing General Commercial (GC) and Low-Medium
General Plan Designation Density Residential (LMR-11)
Proposed Urban Neighborhood-Low (UN-20)
Existing General Commercial (C2) and Light Industrial (M1) Zoning Designation Proposed Specific Development (SD-98) North Commercial, Multifamily Residential, Single-Family Residential, Mobile Home Park
East Public Facility, Multifamily Residential
South Public Facility
Surrounding Land Use
West Public Facility (vacant)
Property Size 2.55 net acres after dedications (3.27 gross acres) Existing Site Development
Vacant site improved with an approximately 11,300-square-foot commercial/industrial building formerly used as a food truck commissary.
Use Permissions Multi-Family Residential and Live-Work (proposed SD-98) Existing: SAMC Chapter 41, Article III, Division 13 (General Commercial/C2) and Division 18 (Light Industrial/M1)
Zoning Code Sections Affected Proposed: Chapter 27-12 (General Plan Amendment); SAMC 41-665 (Amendment Application), 41-593 (Specific
Development/ SD); Chapter 41, Article XVI.I (Density Bonus); 41-665; and Chapter 34 (Subdivisions)
Proposed Density (Units per Acre) 20 du/ac (24 du/ac with State density bonus) Proposed FAR 1.21 (1.0 permitted; concession requested) Site Planning
The site is organized by on-site drive aisles, courtyards, and a plaza, creating a pedestrian-oriented development of multiple buildings that are accessible from throughout the Project site. The site plan locates approximately one-third of the homes along First Street and Mountain View Street, while the remaining units are arranged around interior common open spaces, with the exception of one building. Three live-work units are located at the corner of First Street and Mountain View Street and open onto a shared common open-space plaza accessed by stairs and a ramp from the public right-of-way.
Ten additional live-work-style units with ground-floor flex space are located along First Street and extend toward the corner intersection, creating an active streetscape while accommodating potential neighborhood-serving commercial uses. Construction is anticipated to occur in a single phase and would generally proceed in the following order:
demolition, grading, utility installation, paving, vertical construction, and final landscape improvements.
City Council 25 – 5 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
Residential Component and Architecture
The Project would provide townhomes in five primary floor plans, with minor variations within each plan type related to garage orientation, private open space configuration, accessibility features, and entry design. All units would include recessed entries, while units fronting the streets would incorporate stoops. The buildings would be of tuck-under design, with attached two-car garages configured as side-by-side or tandem depending on the unit. Unit sizes would range from approximately 1,853 to 2,736 square feet and would include two- to four-bedroom/flex layouts with 2.5 to 3.5 bathrooms, all including attached two-car garages configured as side-by-side or tandem depending on the specific layout (Table 2). Under the proposed Specific Development standards, all buildings would be three stories tall, with buildings located along the public right-of-way reaching a maximum height of 41 feet-9 inches.
Table 2: Total Units by Type
Unit Type and Size Range Quantity Percent of overall project Two-Bedroom (1,853 sq. ft.) 6 10%
Three-Bedroom (1,994-2,736 sq. ft.) 25 41%
Four-Bedroom/Flex (2,368-2,395 sq. ft.) 30 49%
Total 61 100%
The Project is proposed in a Modern Spanish architectural style characterized by stucco wall surfaces in a neutral color palette, stone veneer, and clay S-tile roofing. Building facades would incorporate varied articulation through bay and corner windows, changes in plane, recessed and projected elements, wood awnings, ceramic Spanish accent tile, metal railings, and wrought iron grille details. Additional architectural detailing, including decorative sills, trim, corbels, and porcelain saltillo caps, would provide visual variation and reinforce the overall design theme.
Proposed exterior materials would include vinyl windows, metal garage doors, and fiberglass entry doors. Units with ground-floor flex space along the street frontage designed to function either as a bedroom or commercial space would incorporate greater fenestration than typical residential units to provide enhanced transparency and adaptability. Corner live-work units would be distinguished by enhanced ground-floor transparency through floor-to-ceiling fenestration, including bi-fold and pivot door elements, and would feature increased prominence at the corner open plaza, which is elevated above the street and designed to accommodate signage above the storefront frontage. Overall, the Project incorporates durable exterior materials and a cohesive architectural treatment intended to support long-term building quality and visual interest over the life of the development.
Open Space, Landscaping, and Site Lighting
The Project includes a variety of open space amenities, including landscaped courtyards, private decks for select residential units, and common open space areas distributed City Council 25 – 6 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
throughout the site. While six of the 61 units do not include private open space, all residents will have access to shared open space areas that provide seating, landscaping, and opportunities for outdoor gathering. The Project provides approximately 10,000 square feet of common open space, representing approximately nine percent (9%) of the net site area.
A publicly accessible raised plaza is proposed adjacent to the live-work units at the corner and will include decorative accent paving, seating, and raised planter boxes. An interior courtyard located in the upper central portion of the site, between two buildings containing 16 units, will provide a picnic dining area with seating, a barbecue, and overhead shade structure. Additional common open space areas are dispersed throughout the interior of the site, including near the vehicular entry and along the southern and eastern property lines. These areas are designed to be usable, with minimum dimensions of at least 15 feet by 15 feet, and will include benches and seat walls.
Landscape improvements are proposed throughout the site to enhance visual quality, provide shade, and help screen the development. The perimeter of the property will be planted with trees, including 24-inch box crape myrtle and eastern redbud along First Street and both sides of Mountain View Street, which will be improved by the developer.
Interior landscaping will include marina strawberry tree, crape myrtle, flaxleaf paperbark, Australian willow, golden rain tree, holly oak, a variety of groundcover plantings, and screening hedges along the southern property line to help attenuate noise from the adjacent City water facility. Climbing vines are also proposed along portions of the block walls, and additional hedge and vine screening will be provided around the trash enclosures. Mechanical equipment, including air conditioning units, will be screened with landscaping.
Lighting is integrated throughout the resident courtyards, public plaza areas, and common open space areas. Outdoor lighting will be conditioned to include dimmers, motion sensors, and light shields, and all fixtures will be directed downward and away from adjacent properties to minimize light spillover and glare. The proposed lighting fixtures are in a California Spanish Mission style to complement the Project’s architecture and include 16-foot pole lights in guest parking areas, 24-inch bollard lights along the southern pedestrian walkway connecting First Street into the site, and exterior wall-mounted lights at pedestrian entries and garage entrances.
Circulation
On-site vehicular access is provided exclusively from Mountain View Street, which functions as a quieter side street providing access to the project. From Mountain View Street, vehicles enter a private internal drive that circulates throughout the site and provides access to all residential units. Resident and guest parking is located behind the buildings and internal to the development, minimizing visibility from the public right-ofway. Pedestrian circulation is largely separated from vehicular travel paths to enhance City Council 25 – 7 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
safety and walkability. In limited locations where pedestrian movement overlaps with the internal drive aisle, decorative paving is used to clearly delineate shared areas.
Site Improvements
As part of the City’s review, the Applicant coordinated with the Public Works Agency to construct Mountain View Street to City standards from First Street south toward the City water facility, including full-width street improvements and sidewalks along both sides of the street. The scope includes construction of a cul-de-sac that terminates just short of the last two units on Mountain View Street. These improvements will enhance the visual quality of the public right-of-way, improve pedestrian access, allow for on-street parking, and create a more complete and attractive streetscape. As part of the overall site improvements, the Project also includes removal of the nonconforming billboard along First Street, which will further improve the image of the City.
In addition to the street work, the Applicant will improve the sidewalks and public frontage along First Street and Mountain View Street, including closure of unused curb cuts and construction of pedestrian access around the cul-de-sac. These areas will also include parkway landscaping, frontage pavement, and utility and drainage improvements.
Further, the Project includes eight-foot-tall decorative masonry block perimeter walls atop retaining walls, common area improvements, new lighting and streetlights, and screening for heating, ventilation, and air conditioning (HVAC) equipment and other above-ground mechanical equipment. Trash enclosures will be located interior to the site and will not be visible from the public right-of-way.
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 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 City Council 25 – 8 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
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., 20 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined in Table 3 below, the base density for the
2.55 net acre site and proposed UN-20 General Plan land use density of 20 du/ac is 51 units. By setting aside five percent (5%) of base units (three units) for very-low-income households, State density bonus law allows the developer to request a maximum density bonus of 20 percent (20%) . As such, the maximum unit yield for the 2.55-acre site using the proposed UN-20 General Plan density and the State density bonus is 62 units (24.4 du/ac).
Table 3: Density Bonus Calculation
Affordable Units – 5%*
(3 units Very-Low) Density Bonus Calculation Units Allowed Base Density – Urban Neighborhood-Low (UN-20)
Proposed
2.55 acres x 20 du/ac = 50.8
rounded up per State law 51 base units
20-Percent (20%) State Density Bonus for
providing 5% affordable at very-low income (3
units)
(51 units x 0.2) = 10.2
rounded up per State law +11 units
Total Units 62 units allowed,
61 proposed
*Affordable unit percentage is calculated excluding units added by a density bonus.
City Council 25 – 9 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
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 Project has been analyzed for areas of potential impact, and conditions of approval proposed for the Project are intended to address any potential impacts. Those conditions of approval, together with the proposed mitigation measures, are intended to address these impacts and ensure the Project is compatible with surrounding development. Under the Density Bonus Law, the developer sought one concession from the General Plan UN-20 floor area ratio (FAR) maximum development standard to facilitate development of the Project. Table 4 outlines the concession requested by the Applicant and approved by the Planning Commission on September 14, 2026.
Table 4: Requested Incentive/Concession
Standard Required Provided
Floor Area Ratio (FAR)
(Concession)
1.0 FAR maximum
General Plan - Land Use Element,
Density and Intensity Standards
1.21 FAR
As applied to this Project, the requested floor area concession was reviewed under the statutory standards. The Planning Commission approved the request on September 14, 2026. The City has not identified substantial evidence supporting any of the findings required by Government Code Section 65915 to deny the requested concession. Accordingly, State Density Bonus Law requires the City to recognize the approved deviation from the otherwise applicable General Plan and proposed SD-98 standards. DBA No. 2025-04 memorializes those Density Bonus Law benefits together with the Project's corresponding affordable housing obligations.
Onsite Parking
Pursuant to State Density Bonus Law (California Government Code Section 65915(p)), the City may require a total of 122 parking spaces based on its qualification as an affordable housing development. The Project exceeds this requirement by providing 135 off-street parking spaces, consisting of two garage spaces per unit and 13 surface open/guest spaces. With 61 residential units, this equates to an overall parking ratio of
2.2 spaces per unit. In addition, the site benefits from its proximity to transit, located within one-half mile of major transit stops along First Street and Harbor Boulevard. Bicycle parking is also provided in two locations, with accommodations for 14 bicycles to support alternative transportation options.
City Council 25 – 10 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
The site is parked in compliance with Government Code Section 65915(p)(1)(B)(C) and provides 2.2 spaces per unit. The California Density Bonus Law allows cities to require 1.5 parking spaces per three-bedroom units and 2.5 parking spaces per four-bedroom units, inclusive of handicapped and guest parking as seen in Table 5 below.
Table 5: Project Parking Information
Standard Parking Ratio Parking Calculation / Spaces Required Residential
Unit 1.0 space 1 x 61 61
Two-Bedroom 2.0 space 2 x 6 units 12
Three-Bedroom 3.0 space 3 x 25 units 75
Four-Bedroom 2.0 spaces 4 x 30 units 268
Guest 25% of unit + bedrooms
spaces
25% x 268 67
Multi-Family
Parking
TOTAL Required Total 335
Residential
Two-Bedroom Two-Bedroom 1.5 x 6 units 9
Three-Bedroom Three-Bedroom 1.5 x 25 units 38*
Four-Bedroom Four-Bedroom 2.5 x 30 units 75
State
Density
Bonus Law
TOTAL Required Total 122
Residential
Unit 2 spaces 2.0 x 61 122
Guest 0.22 spaces per unit 0.22 x 61 13 SD-98
TOTAL Required Total 135
Parking Provided Total 135
*Fraction of one-half or more rounded up
To proactively address any neighborhood parking impacts that could result from the Project, the conditions of approval for the VTTM include provisions requiring ongoing parking management practices to be incorporated into the final recorded covenants, conditions, and restrictions (CC&Rs), and applicable throughout the life of the Project, including measures such as:
• Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces;
• Policies for maximum time vehicles may be parked in the surface guest spaces; • Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hangtag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and
• Routine garage inspections to ensure garages are available for vehicle parking.
These operational measures ensure that the Project is compatible with its surroundings and will not be detrimental to the health, safety, or general welfare of nearby residents.
City Council 25 – 11 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
Project Analysis
General Plan Amendment
The City adopted the General Plan Update in 2022, which included Land Use Map amendments that were focused in five areas that were identified as most suitable for new development and reinvestment. The update evaluated those specific areas to establish tailored land-use designations, objectives, and development standards that were informed by community input over the seven-year update process.
To enable the continuous refinement of the land use patterns outside of the five focus areas, the 2022 General Plan anticipated future, developer-initiated requests to amend the Land Use Map be subject to a framework that requires applicants to demonstrate public and community benefits associated with the proposed land-use change. The subject site at First and Mountain View streets is not located within one of the five focus areas. Therefore, the Applicant is following the General Plan’s established framework by demonstrating that the requested amendment provides substantial community benefit.
The Applicant requests approval of a General Plan Amendment to change the Project site’s land use designation from General Commercial (GC) and Low-Medium Density Residential (LMR-11) to Urban Neighborhood-Low (UN-20).
The UN designation is intended primarily for residential uses and also allows pedestrianoriented commercial uses, schools, small parks, live-work opportunities, and other compatible neighborhood-supporting uses. It encourages a mix of housing types, street connectivity, and access to transit, bicycle, and pedestrian networks. Under the General Plan standards, UN-20 allows residential development up to 20 dwelling units per acre, with a maximum floor area ratio of 1.0 and a maximum building height of three stories.
Through approval of the requested Density Bonus Agreement, the Project will be consistent with the intent, character and intensity standards of the UN land use designation, which emphasizes walkability, transit access, and neighborhood-serving uses. It proposes 61 residential units, including three live-work units and 10 live-workstyle units with ground-floor flex space, and is well suited for and consistent with the established and emerging development pattern along Harbor Boulevard between First Street and Fifth Street, an area that includes a mix of residential, commercial, and institutional uses and is near major transit corridors.
The proposed Project will support several goals, objectives, and policies of the General Plan. The Project supports responsible infill development by delivering high-quality housing, including affordable units, on an underutilized site that enhances neighborhood compatibility, expands homeownership opportunities, and strengthens the surrounding corridor (Goal LU-1; Policies LU-1.2, LU-1.5, LU-1.6). It promotes efficient land use by concentrating residential development along a major travel corridor and supporting higher-density infill (Goal LU-2; Policies LU-2.5, LU-2.10), while remaining compatible City Council 25 – 12 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
with surrounding uses through its scale, massing, and architectural character, consistent with the existing neighborhood context (Goal LU-3; Policy LU-3.4).
The Project also enhances pedestrian connectivity and streetscape quality through landscaped sidewalks, internal walkways, and street-oriented building design that support walkability and access to nearby schools and transit (Policies M-3.1, M-4.5). The inclusion of three affordable units supports housing opportunities for a range of income levels (Policy HE-1.1), while the provision of two-, three-, and four-bedroom homes, in addition to three live-work units and 10 live-work-style units with ground-floor flex space, contributes to a diversity of housing types and living arrangements suitable for families, small businesses, and evolving household needs (Policy HE-2.5). In addition, the Project improves the site’s physical character through open space areas, pedestrian connections, and streetscape enhancements that define public and semi-public spaces and encourage community interaction (Goal UD-1; Policies UD-1.3, UD-1.5, UD-3.4). The combination of enhanced sidewalks, active landscaped frontages, and public realm improvements helps foster a safe, comfortable, and visually appealing environment that facilitates social interaction and supports active transportation along the corridor (Policy UD‑3.3). Removal of a nonconforming billboard and the addition of landscaping and frontage improvements improve the visual quality of the corridor (Policy UD-2.9), while high-quality architectural design, varied materials, and context-sensitive site planning contribute positively to neighborhood character (Policies UD-1.1, UD-2.2, UD-2.5).
The proposed Project is also consistent with General Plan Land Use Implementation Action LU-1, specifically Implementation Measure LU-1.2, which requires that new development projects involving a general plan amendment and/or zone change include a community benefit and implementation plan that provides a net community benefit. In compliance with this requirement, the Applicant will provide a community benefit payment in the amount of $80,750 and an in-lieu public art payment in the amount of approximately $100,000 (0.5 percent of the Project’s construction valuation). These payments will be deposited into the City’s General Fund and will support Citywide programs, services, and priorities, thereby providing a broader community benefit. Additional community benefits include the removal of an incompatible, industrial land use that has been the subject of ongoing code enforcement actions, as well as removal of an existing nonconforming billboard from the property.
Overall, the Project aligns with the General Plan’s goals for balanced land use, housing diversity, and an attractive urban environment. In accordance with Section 27-12 of the Santa Ana Municipal Code (SAMC), staff recommends that the City Council adopt a resolution approving General Plan Amendment No. 2026-01 to re-designate the project site from General Commercial (GC) and Low-Medium Density Residential (LMR-11) to Urban Neighborhood-Low (UN-20).
City Council 25 – 13 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
Existing
General Plan Land Use Designation
Proposed
General Plan Land Use Designation
Amendment Application
The Applicant requests approval of Amendment Application No. 2026-03 to change the site’s zoning designation from General Commercial (C2) and Light Industrial (M1) to Specific Development No. 98 (SD-98) and to adopt SD No. 98 regulations. The proposed General Plan Amendment would designate the site Urban Neighborhood-Low (UN-20).
However, the City does not currently have an adopted citywide zoning district that implements the UN-20 General Plan designation. Retaining the existing C2 and M1 zoning classifications would not provide zoning regulations consistent with the proposed UN-20 land use designation or permit the residential and live-work uses contemplated by that designation. Accordingly, SD-98 is proposed as the implementing zoning district to establish objective development and use standards consistent with UN-20.
SD-98 is intended to provide an implementing zoning framework for the site while the City completes its comprehensive Zoning Code Update. Following adoption of the Zoning Code Update and establishment of a citywide zoning district implementing the UN-20 General Plan designation, the City may consider rezoning the property from SD-98 to the applicable UN-20 zoning district. In the interim, SD-98 resolves the inconsistency that would otherwise exist between the proposed UN-20 General Plan designation and the existing C2 and M1 zoning classifications and provides objective standards for development consistent with the proposed General Plan designation.
The Project has been designed to comply with the proposed SD-98 standards and is consistent with the City's Citywide Design Guidelines. Collectively, the proposed zoning district and site design facilitate orderly development while ensuring compatibility with surrounding residential, commercial, and institutional uses.
City Council 25 – 14 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
In accordance with Section 41-665 of the SAMC, staff recommends approval of the requested zone change to SD-98.
Existing Zoning District Classification Proposed Zoning District Classification Density Bonus
Although residential development is not currently permitted under the site’s existing General Plan and zoning designations, the Applicant is concurrently requesting General Plan Amendment No. 2026-01 and Amendment Application No. 2026-03 to establish Urban Neighborhood-Low (UN-20) as the site’s underlying residential land use designation and Specific Development No. 98 (SD-98) as the implementing zoning district. Approval of these legislative actions is within the City Council’s discretion and is not mandated by SB 330 or State Density Bonus Law.
In considering the requested General Plan Amendment, staff first evaluated the appropriate long-term land use designation for the site independently of the density proposed by the Project. This evaluation considered the site’s location, surrounding land uses and development patterns, and the appropriate transition in residential density and intensity. The surrounding area contains a mix of commercial, institutional, and residential uses, including nearby properties designated Low-Medium Density Residential (LMR-11) and Medium Density Residential (MR-15), which allow residential densities of up to 11 and 15 dwelling units per acre, respectively. Based on this context, staff determined that UN-20 provides an appropriate transition in land use intensity and is the appropriate underlying General Plan designation for the site.
City Council 25 – 15 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
A higher-density designation, such as Urban Neighborhood-Medium (UN-30), would allow greater residential density as the site's underlying land use entitlement. However, the appropriate General Plan designation is determined based on the long-term land use pattern and compatibility of the site with its surroundings, rather than the density necessary to accommodate a particular development proposal. For these reasons, staff determined that UN-20, rather than UN-30, is the appropriate underlying land use designation for the property.
Once the appropriate underlying land use designation is established, the proposed Project is evaluated against the density and development standards applicable to that designation, together with any benefits available under State Density Bonus Law. UN-20 allows a base density of up to 20 dwelling units per acre. Based on the 2.55-net-acre site, this results in a base density of 51 units.
By providing three ownership units affordable to very low-income households, equivalent to five percent (5%) of the Project’s base density, the Project qualifies for a 20-percent (20%) density bonus and one incentive or concession under Government Code Section 65915. Application of the State density bonus to the 51-unit UN-20 base density permits up to 62 units. The Applicant proposes 61 units. Accordingly, the Project’s density above the UN-20 base density results from application of State Density Bonus Law based on the Project’s provision of affordable housing, rather than from establishing a higher underlying General Plan land use designation. The Project also utilizes the parking ratios provided by Government Code Section 65915(p), under which 122 parking spaces are required; 135 spaces are proposed.
To facilitate development of the Project, the Applicant requested one concession from the UN-20 maximum floor area ratio (FAR) of 1.0 to allow a proposed FAR of 1.21. On September 14, 2026, the Planning Commission approved the requested concession as part of Density Bonus Agreement No. 2025-04, based on the required findings pursuant to Section 41-1607 of the SAMC. The Density Bonus Agreement is now before the City Council for approval and memorializes the Project’s density bonus, affordability requirements, and previously approved concession. Table 6 outlines the concession approved by the Planning Commission.
Table 6: Requested Incentive/Concession
Standard Analysis
Floor Area Ratio (FAR)
(Concession)
Pursuant to the General Plan Land Use Element, the Project proposes a UN20 designation, which permits a maximum FAR of 1.0. The Project proposes an FAR of 1.21, as the combined habitable and garage floor area exceeds this limit.
City Council 25 – 16 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
Vesting Tentative Tract Map
Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Sections 66473.5 and 66474 of the California Subdivision Map Act, applications for vesting tentative tract maps are approved when it can be shown that findings can be made in support of the request.
Specifically, findings must be made that the project is consistent with the General Plan, the site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, and the proposed project will not conflict with easements necessary for public access through or use of the property. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report.
In analyzing the Applicant’s request, staff believes that the following analysis warrants approval of the vesting tentative tract map.
The Applicant is seeking approval of a vesting tentative tract map to subdivide the Project for condominium purposes, as the proposed development consists of 61 units. Approval of the vesting map would vest the Applicant’s right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the map is deemed complete. Upon completion of the subdivision, the site will continue to be developed with attached tuck-under residential, including live-work units.
In reviewing the request, staff determined that the Project, as conditioned, is consistent with the City’s General Plan, including the proposed UN-20 land use designation and the objective standards implemented through the proposed Density Bonus Agreement. The Project has also been designed in compliance with the proposed SD-98 zoning designation, and the requested concession for development standard has been separately analyzed. The Project also complies with all subdivision codes and other relevant City ordinances. The Project is well-designed to integrate with the existing neighborhood, and its access and egress have been reviewed by the Public Works Agency for full regulatory compliance. The Project would transform an underutilized, vacant site into a more productive residential use by providing 61 for-sale units, including three affordable units.
The site is physically suitable for the proposed density and use, as it is located in a builtout, urbanized area and has been designed with necessary utilities, infrastructure improvements, and site access as required under Development Project Review No. 2025-
17. Additional conditions of approval address landscaping, architecture, and the Covenants, Conditions, and Restrictions (CC&Rs) to ensure compliance with applicable SAMC requirements and the proposed SD-98 standards. The Project also incorporates significant design features and articulated elevations to minimize visual impacts on surrounding land uses.
City Council 25 – 17 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
No adverse environmental impacts to fish or wildlife habitats were identified due to the site’s urban context, and the Project will not cause serious public health problems. The design and improvements of the Project will not conflict with easements necessary for public access or use of the property within the Project. Easements for a new emergency vehicle, public right-of-way dedication, and public utility easement will be recorded under the new subdivision. The CC&Rs will ensure reciprocal access rights and maintenance agreements between properties. The installation of all utilities will conform with the requirements stated in Section 41-626 of the SAMC. The conceptual design of all proposed construction for the property will not affect the right-of-way for road purposes.
Overall, the proposed vesting tentative tract map is consistent with the California Subdivision Map Act and Chapter 34 of the SAMC, and staff recommends that the City Council adopt a resolution approving the request.
Affordable Housing Opportunity and Creation Ordinance
The Project exceeds the five percent (5%) affordable housing requirement for the ownership category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO). It provides three (3) onsite units to be affordable to very low-income households at 30-50% area median income (AMI), significantly enhancing the opportunity for income eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. The affordable units consists of one 3- bedroom, 2.5-bath unit, one standard four-bedroom, 3.5-bath unit, and one four-bedroom unit, 3.5-bath unit with a ground-floor flex space. The proposed affordable units are 2,036 to 2,386 square feet in size, respectively, and contain full kitchens, bedrooms, bathrooms, open/common (living) areas, and garages. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.
Table 7: Affordable Unit Breakdown
Unit Type and Size Range Units
Affordable Units In Project Percent of Unit Type
Two-Bedroom (1,853 sq. ft.) 0 6 0%
Three-Bedroom (1,994-2,736 sq. ft.) 1 25 4%
Four-Bedroom/Flex (2,368-2,395 sq. ft.) 2 30 7%
Total 3 61
Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 2,000-foot notification radius map, and the site posting are provided in Exhibit 12 and consistent with all requirements. Staff also contacted the provided contacts for the Riverview West Neighborhood Association to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. During the IS/MND public review period, one commenter opposed the project and expressed concerns regarding the loss of permeable surfaces, increased urban heat, the City’s parkCity Council 25 – 18 10/20/2026 GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
poor status, cumulative traffic, air quality, and noise impacts from nearby development, and requested alternative consideration of a community park or green corridor. A comment was also received regarding tribal matters. The City’s detailed responses are provided in the Response to Comments.
In addition to the above noticing, the project was subject to the City’s Sunshine Ordinance (Ordinance No. NS-3040) requiring two meetings to facilitate early public participation.
The first community meeting was held June 18, 2025. Two members of the community attended and no questions or concerns were raised regarding the Project. The second community meeting was held September 25, 2025, during which one participant attended, expressed purchase interest, and inquired about the Project timeline. Materials from the two required community meetings and all materials were published to the project’s webpage on the City’s website at: santa-ana.org/1st-and-mountain-view-townhomedevelopment/.
ENVIRONMENTAL IMPACT
An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Project in accordance with CEQA (Exhibit 11). With implementation of the identified mitigation measures, the analysis concluded that the project would not result in any significant or unavoidable impacts during construction or operation. A Notice of Intent (NOI) to adopt the MND was posted on-site, mailed to property owners and occupants within a 2,000- foot radius, and distributed to interested parties. In addition, Tribal consultation was conducted in accordance with Assembly Bill (AB) 52 and Senate Bill (SB) 18 with Tribes identified by the Native American Heritage Commission. The NOI was also filed with the California State Clearinghouse and the Orange County Clerk-Recorder. The Draft MND was circulated for a 30-day public review period, consistent with CEQA requirements, from May 5 through June 4, 2026. The document was made available on the City’s website and at physical locations for public review, including the Planning counter and the Salgado Recreation Center. Two comments were received from the public, including correspondence from the Juaneño Band of Mission Indians, Acjachemen Nation - Belardes, disputing the characterization of the project site as outside of Juaneño territory and requesting consideration in the cultural resources analysis and tribal monitoring, as well as a comment from a City resident regarding park availability, tree canopy coverage, potential heat effects, and other non-environmental concerns. A written response to the comments were prepared and incorporated into the final environmental document.
The Project requires adoption of a Mitigation Monitoring and Reporting Program (MMRP), which will reduce all identified impacts to less than significant with implementation of the MMRP. Based on the environmental checklist form completed for the proposed project and supporting environmental analysis, the Project would have no impact or a less than significant impact on the following environmental issue areas: Aesthetics, Agriculture and Forestry Resources, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The proposed project’s impacts on the following issue areas would be less than significant City Council 25 – 19 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
with the implementation of mitigation: Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. All impacts would be less than significant after mitigation. With implementation of the MMRP, all impacts would be reduced to less than significant. Based on the IS/MND, adoption of the MMRP will ensure all mitigation measures are implemented, and the Project will not result in significant environmental impacts. A Notice of Determination, Environmental Review No. 2025-47, will be filed.
FISCAL IMPACT AND COMMUNITY BENEFITS
The proposed actions will not result in a direct fiscal impact to the General Fund. As part of the proposed General Plan Amendment and Amendment Application, the Applicant will provide a community benefit payment in the amount of $80,750 and an in-lieu public art contribution in the amount of approximately $100,000. In addition to these contributions, the Project includes other community and public improvements that contribute to the overall value of the community benefit package.
General Plan Implementation Measure LU-1.2 requires development projects proposing a General Plan amendment and/or zone change to include a community benefit and implementation plan that provides a net community benefit. The General Plan does not establish a prescribed methodology or monetary formula for determining the value of such benefits. In evaluating the proposed community benefit package, staff reviewed community benefit packages previously approved by the City Council for the Related Bristol and The Village specific plans, which equated to approximately $5,569 and $5,685 per residential unit, respectively. Staff utilized these figures, together with the scale and characteristics of the proposed Project and the value of the monetary contributions and other community and public improvements included as part of the Project, in determining an appropriate community benefit package for the proposed Project.
In addition to the monetary contributions described above, the community benefit package includes the Applicant’s reconstruction of a portion of Mountain View Street that would otherwise be the City’s responsibility. The Applicant is responsible for constructing improvements along the Project frontage, including improvements to the centerline of Mountain View Street. The Applicant will also reconstruct the western half of Mountain View Street adjacent to the Project, which would otherwise not be required for this Project.
This improvement is estimated to provide a net benefit of approximately $160,000 by avoiding future City costs for design, construction engineering, materials, construction, and contingency. Table 8 below summarizes the Project’s community benefits.
City Council 25 – 20 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
Table 8: Community Benefits Details
Project Community Benefits
Related Bristol
Specific Plan
• Onsite Police Department substation
• $22 million community benefits payment ($5,569/unit)
• Business retention/local vendors
• Hotel economic benefits
• Public access to open space
• Sustainable building materials and methods
The Village Specific
Plan
• $9.3 million community benefits payment ($5,685/unit) • Public access to open space
• Sustainable building materials and methods
Proposed Project • $340,750 community benefits payment ($5,586/unit), comprised of:
o $80,750 community benefits payment
o $100,000 public art fee (may be combined into
community benefit payment above)
o $160,000 value of constructing the western portion of Mountain View Street as part of the Project)
• Removal of deleterious and incompatible land use that is the subject of ongoing code enforcement actions
• Removal of nonconforming billboard
• Public access to open space
• Sustainable building materials and methods
For the proposed 61-unit Project, the total estimated value of the community benefit package is approximately $340,750. This includes the $80,750 community benefit payment, approximately $100,000 in-lieu public art contribution, and approximately $160,000 in estimated City savings associated with the Applicant’s reconstruction of the western half of Mountain View Street. The total estimated value is generally consistent with the per-unit community benefit values previously approved by the City Council for the Related California Bristol Specific Plan and The Village Specific Plan.
The Applicant proposes the approximately $100,000 public art contribution in lieu of providing an on-site public art installation. The contribution is based on 0.5 percent of the Project’s estimated construction valuation and would allow the City to identify a more visible and appropriate location for a future public art installation. No City program is currently designated to administer or allocate in-lieu public art contributions; therefore, the City Council would retain discretion to allocate the funds for public art purposes at a location it determines appropriate.
In addition, the Project will be subject to all applicable development impact fees and permit fees at the time of building permit issuance.
City Council 25 – 21 10/20/2026
GPA No. 2026-01, AA No. 2026-03, VTTM No. 2025-04 and DBA No. 2025-04 – First and Mountain View Project (4320 W. First Street and 201 S. Mountain View Street) October 20, 2026
EXHIBITS
1. City Council Resolution Approving GPA No. 2026-01
2. City Council Ordinance Approving AA No. 2026-03
3. City Council Resolution Approving VTTM No. 2025-04 as conditioned
4. City Council Resolution Approving Density Bonus Agreement No. 2025-04 as conditioned
5. Draft Density Bonus Agreement
6. Vicinity Zoning and Aerial View
7. Site Photos
8. Proposed Specific Development No. 98 Text Regulations
9. Site, Architectural, and Landscape Plans
10.Vesting Tentative Tract Map
11.Initial Study and Mitigated Negative Declaration; Response to Comments and Mitigation Monitoring and Reporting Program
12.Copy of Public Hearing Notice
13.September 14, 2026 – Planning Commission Staff Report and Exhibits (hyperlink) Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency, and Sylvia Vazquez, Deputy City Manager/Acting Executive Director of Community Development
Approved By: Alvaro Nuñez, City Manager
City Council 25 – 22 10/20/2026
Resolution No. 2026-xx
RESOLUTION NO. 2026-xx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING GENERAL PLAN
AMENDMENT NO. 2026-01 AMENDING THE LAND
USE ELEMENT FROM GENERAL COMMERCIAL
(GC) AND LOW-MEDIUM DENSITY RESIDENTIAL
(LMR-11) TO URBAN NEIGHBORHOOD-LOW (UN20) FOR THE PROPERTIES LOCATED AT 4320 WEST FIRST STREET AND 201 SOUTH MOUNTAIN
VIEW STREET (APNS: 188-021-11, 188-021-12, &
188-021-10)
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. Santa Ana MV LLC (“Owner”), represented by Storm Bird of Storm Properties, Inc. (“Applicant”), is requesting approval of General Plan Amendment (“GPA”) No. 2026-01 to change the site’s General Plan land use designation from General Commercial (GC) and Low-Medium Density Residential (LMR-11) to Urban Neighborhood-Low (UN-20), updating text portions and exhibits of the City’s General Plan to reflect this change to allow the construction of a 61-unit for-sale townhome development located at 4320 West First Street and 201 South Mountain View Street.
B. The application includes the following related land use approvals: (1) Amendment Application (“AA”) No. 2026-03 to change the site’s zoning designation from General Commercial (C2) and Light Industrial (M1) to Specific Development (“SD”) No. 98 (SD-98) and to adopt SD-98 regulations; and (2) Vesting Tentative Tract Map (“VTTM”) No. 2025-04 (County Map No. 19391); and (3) Density Bonus Agreement (“DBA”) No. 2025-04 memorializing one concession granted pursuant to State Density Bonus Law (“Project”).
C. On September 14, 2026, the Planning Commission held a duly noticed public hearing and recommended that the City Council adopt a resolution approving GPA No. 2026-01.
D. On October 6, 2026, the City Council held a regular meeting at which GPA No. 2026-01 was scheduled for consideration. At that meeting, the City Council continued consideration of GPA No. 2026-01 to the regular meeting of October 20, 2026.
City Council 25 – 23 10/20/2026
Resolution No. 2026-xx
E. On October 20, 2026, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2026-01, at which time all persons wishing to testify were heard, the Project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred.
Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates throughout the General Plan, as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that:
A. The City of Santa Ana has officially adopted a General Plan.
B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons:
i. The proposed General Plan land use designation for the project site is Urban Neighborhood-Low (UN-20), which is primarily for residential uses and also allows pedestrian-oriented
commercial uses, schools, small parks, live-work opportunities, and other compatible neighborhood-supporting uses. It
encourages a mix of housing types, street connectivity, and access to transit, bicycle, and pedestrian networks. Under the General Plan standards, UN-20 allows residential development up to 20 dwelling units per acre, with a maximum floor area ratio of 1.0 and a maximum building height of three stories. ii. The Project is consistent with the intent, character and intensity standards of the UN land use designation, which emphasizes walkability, transit access, and neighborhood-serving uses. It proposes 61 residential units, including three live/work units and 10 live/work-style units with ground-floor flex space, and is well suited for and consistent with the established and emerging development pattern along Harbor Boulevard
between First Street and Fifth Street, an area that includes a mix of residential, commercial, and institutional uses and is near major transit corridors.
iii. The proposed Project will support several goals, objectives, and policies of the General Plan. The Project supports
responsible infill development by delivering high-quality housing, including affordable units, on an underutilized site that City Council 25 – 24 10/20/2026
Resolution No. 2026-xx
enhances neighborhood compatibility, expands
homeownership opportunities, and strengthens the surrounding corridor (Goal LU-1; Policies LU-1.2, LU-1.5, LU-1.6). It promotes efficient land use by concentrating residential development along a major travel corridor and supporting higher-density infill (Goal LU-2; Policies LU-2.5, LU-2.10), while remaining compatible with surrounding uses through its scale, massing, and architectural character, consistent with the existing neighborhood context (Goal LU-3; Policy LU-3.4). iv. The Project enhances pedestrian connectivity and streetscape quality through landscaped sidewalks, internal walkways, and street-oriented building design that support walkability and access to nearby schools and transit (Policies M-3.1, M-4.5).
The inclusion of three affordable units supports housing opportunities for a range of income levels (Policy HE-1.1), while the provision of two-, three-, and four-bedroom homes, in addition to three live/work units and 10 live/work-style units with ground-floor flex space, contributes to a diversity of housing types and living arrangements suitable for families, small businesses, and evolving household needs (Policy HE-2.5). In addition, the Project improves the site’s physical character through open space areas, pedestrian connections, and
streetscape enhancements that define public and semi-public spaces and encourage community interaction (Goal UD-1;
Policies UD-1.3, UD-1.5, UD-3.4). The combination of
enhanced sidewalks, active landscaped frontages, and public realm improvements helps foster a safe, comfortable, and visually appealing environment that facilitates social interaction and supports active transportation along the corridor (Policy UD‑3.3). Removal of a nonconforming billboard and the
addition of landscaping and frontage improvements improve the visual quality of the corridor (Policy UD-2.9), while highquality architectural design, varied materials, and contextsensitive site planning contribute positively to neighborhood character (Policies UD-1.1, UD-2.2, UD-2.5).
v. The proposed Project is also consistent with General Plan Land Use Implementation Action LU-1, specifically Implementation Measure LU-1.2, which requires that new development projects involving a general plan amendment and/or zone change
include a community benefit and implementation plan that provides a net community benefit. In compliance with this requirement, the Applicant will provide a community benefit payment in the amount of $80,750 and an in-lieu public art payment in the amount of approximately $100,000 (0.5 percent of the Project’s construction valuation). These payments will be City Council 25 – 25 10/20/2026
Resolution No. 2026-xx
deposited into the City’s General Fund and will support Citywide programs, services, and priorities, thereby providing a broader community benefit.
Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment.
Section 5. Pursuant to the requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project. The purpose of the IS/MND is to describe the proposed Project and to provide an evaluation of potential environmental impacts associated with the Project’s construction and operation.
Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment.
The City of Santa Ana is the Lead Agency for the Project pursuant to CEQA Guidelines Section 15367. The IS/MND and MMRP were circulated for public review in accordance with CEQA requirements, and the City Council has independently reviewed and considered the environmental documentation prior to taking action on this resolution.
The IS/MND concluded that the Project could result in potentially significant environmental impacts; however, with incorporation of the identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level. Possible impacts identified in the IS/MND include those related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance.
• MM AQ-1: The Project Applicant shall require contractors to use offroad diesel construction equipment of 50 horsepower or greater that complies with EPA/CARB Tier 4 emissions standards or equivalent and is properly maintained.
• MM BIO-1: If ground disturbance or removal of trees, shrubs, or other nesting habitat occurs during the avian nesting season, the Project Applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey and require avoidance of active nests with the applicable buffer.
• MM CUL-1: If previously undiscovered cultural resources are encountered, the Project Applicant shall halt work in the immediate City Council 25 – 26 10/20/2026
Resolution No. 2026-xx
area and retain a qualified archaeologist to evaluate the find and determine appropriate treatment.
• MM GEO-1: The Project Applicant shall ensure geotechnical recommendations are incorporated into the Project plans and verified by the City Engineer.
• MM GEO-2: The Project Applicant shall retain a Society of Vertebrate Paleontology-qualified paleontologist to review the proposed work and determine the potential to impact paleontological resources. • MM GEO-3: The Project Applicant shall require paleontological monitoring for ground-disturbing activities that may impact undisturbed native Holocene to Pleistocene-aged soil and bedrock, as determined by a qualified paleontologist in consultation with the City of Santa Ana.
• MM GEO-4: If fossils are determined to be significant, the qualified paleontologist shall prepare and implement a data recovery plan, including curation and final reporting.
• MM GEO-5: The Project Applicant shall ensure construction personnel are informed on identification of paleontological resources and procedures for unanticipated discoveries.
• MM HAZ-1: The Project Applicant shall prepare a Soil Management Plan and make it available to the contractor and City Engineer for use during earthwork at the site.
• MM TCR-1: The Project Applicant shall retain a Native American Monitor acceptable to the Gabrieleño Band of Mission Indians – Kizh Nation and submit the executed monitoring agreement to the City. • MM TCR-2: Upon discovery of tribal cultural resources, the Applicant shall require work to halt within at least 50 feet until evaluated by a qualified monitor or archaeologist, with treatment directed by the Tribe.
• MM TCR-3: If Native American human remains and/or grave goods are discovered or recognized, the Project Applicant shall comply with applicable State law, preserve the remains in place where feasible, and keep the discovery confidential.
The IS/MND’s analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City.
Based on the whole of the administrative record, including the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, the City Council finds that the proposed Project will not have a significant effect on the environment with implementation of the adopted mitigation measures, and hereby adopts the IS/MND and MMRP, attached hereto for reference as Exhibit B, in conjunction with approval of this resolution.
Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, City Council 25 – 27 10/20/2026
Resolution No. 2026-xx
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, which approval will not be unreasonably withheld, 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.
Section 7. 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 8. CITY COUNCIL ACTION: The City Council hereby takes the following action:
1. The City Council approves GPA No. 2026-01 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below:
A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the Land Use Element map and text shall be amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.
B. The General Plan Amendment shall not take effect unless and until Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2025-47 and City Council 25 – 28 10/20/2026
Resolution No. 2026-xx
Amendment Application (AA) No. 2026-03 are adopted by the City Council.
This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Planning Commission staff report dated September 14, 2026, the Request for Council Action dated October 20, 2026, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference
Section 9. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council’s decisions and these findings.
City Council 25 – 29 10/20/2026
Resolution No. 2026-xx
ADOPTED this 20th day of October, 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 Commission of the City of Santa Ana on October 20, 2026.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 25 – 30 10/20/2026
%&'(
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ORANGE
TUSTIN
GARDEN GROVE
COSTA MESA
FOUNTAIN VALLEY
IRVINE 22
22 55
405
5 Talbert Ave
Tustin St
1St St
Main St
17Th St
Warner Ave
Dyer Rd
Harbor Blvd
Bristol St
Red Hill Ave
Civic Center Dr
La Veta Ave
Euclid St 4Th St
Chestnut Ave
Edinger Ave
Flower St
Hazard Ave
Gra
n
d
A
v
e
Garden Grove Blvd
McFadden Ave
R
aitt
St
Bear St
Westminster Ave
Alton Ave
Standard Ave
5Th St
Segerstrom Ave
MacArthur Blvd
Newhope St
Fairview St
Santa Ana Blvd
Fairhaven Ave
Santa Clara Ave Trask Ave
Alton Pkwy
Slater Ave
Broadway
Tustin Ave
Barranca Pkwy
0 0.5 1
Miles
Date Published: 8/13/2026
Proposed General Plan Land Use
Source: City of Santa Ana 2021
General Plan Land Use
LR-7, Low Density Residential
LMR-11, Low-Medium Density Residential
MR-15, Medium Density Residential
CR-30, Corridor Residential
PAO, Professional and Administrative Office
INS, Institutional
GC, General Commercial
OS, Open Space UN, Urban Neighborhood
DC, District Center
OBPDC, One Broadway Plaza District Center
FLEX, Industrial/Flex
IND, Industrial
(GPA No. 2026-01)
City Council 25 – 31 10/20/2026
%&'(
%&'(
|ÿ
|ÿ
|ÿ
ORANGE
TUSTIN
GARDEN GROVE
COSTA MESA
FOUNTAIN VALLEY
IRVINE
DC-1.5
UN-30
UN-30
UN-30
UN-30
UN-30
UN-20
UN-20
UN-20
UN-20
GC-1
PAO-1
PAO-1
PAO-1
UN-40
UN-40
UN-40
DC-3
DC-3
DC-3
DC-2.54
DC-2.1
DC-5
DC-5
DC-5
DC-5
DC-5
DC-1
DC-1
DC-1
FLEX-1.5
GC-1.5
UN-50 UN-50 UN-50
DC-2
DC-2
DC-2
UN-30
DC-2
FLEX-1.5
FLEX-3
FLEX-3
FLEX-3
UN-30
UN-30
DC-5
UN-50 UN-50
UN-40
UN-30
UN-30
UN-30
UN-40
UN-20
UN-20
UN-20
UN-20
GC-1
GC-1
PAO-1
PAO-1
PAO-1.5
PAO-1.5
PAO-1.5
DC-1
DC-1
FLEX-1.5
PAO-2
GC-1
UN-50
UN-50
FLEX1.5
DC-1.5
DC-1.5
OBPDC
UN-40
DC-1.5
UN-30
UN-30
UN-30
UN-30
UN-30
UN-20
UN-20
UN-20
UN-20
GC-1
PAO-1
PAO-1
PAO-1
UN-40
UN-40
UN-40
DC-3
DC-3
DC-3
DC-2.54
DC-2.1
DC-5
DC-5
DC-5
DC-5
DC-5
DC-1
DC-1
DC-1
FLEX-1.5
GC-1.5
UN-50 UN-50 UN-50
DC-2
DC-2
DC-2
UN-30
DC-2
FLEX-1.5
FLEX-3
FLEX-3
FLEX-3
UN-30
UN-30
DC-5
UN-50 UN-50
UN-40
UN-30
UN-30
UN-30
UN-40
UN-20
UN-20
UN-20
GC-1
GC-1
PAO-1
PAO-1
PAO-1.5
PAO-1.5
PAO-1.5
DC-1
DC-1
FLEX-1.5
PAO-2
GC-1
UN-50
UN-50
FLEX1.5
DC-1.5
DC-1.5
OBPDC
UN-40
UN-20
UN-20
22 22
55 405
5 Talbert Ave
Tustin St
1St St
Main St
17Th St
Warner Ave
Dyer Rd
Harbor Blvd
Bristol St
Red Hill Ave
Civic Center Dr
La Veta Ave
Euclid St
Grand Ave
4Th St
Chestnut Ave
Edinger Ave
Flower St
Hazard Ave
Garden Grove Blvd
Tustin Ave
McFadden Ave
Santa Ana Blvd
Raitt
St
Bear St
Westminster Ave
Alton Ave
Standard Ave
5Th St
Segerstrom Ave
MacArthur Blvd
Newhope St
Fairview St
Fairhaven Ave
Santa Clara Ave Trask Ave
Alton Pkwy
Slater Ave
Broadway
Barranca Pkwy
0 0.5 1
Miles
Date Published: 8/13/2026
Proposed General Plan Density and Intensity Categories
Source: City of Santa Ana 2021
General Plan Land Use
LR-7, Low Density Residential
LMR-11, Low-Medium Density Residential
MR-15, Medium Density Residential
CR-30, Corridor Residential
PAO, Professional and Administrative Office
INS, Institutional
GC, General Commercial
OS, Open Space UN, Urban Neighborhood
DC, District Center
OBPDC, One Broadway Plaza District Center
FLEX, Industrial/Flex
IND, Industrial
(GPA No. 2026-01)
City Council 25 – 32 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-2 Mitigation Monitoring and Reporting Program Table 1
Mitigation Monitoring and Reporting Checklist
Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
AIR QUALITY
AQ-1 The construction contractor shall ensure that off-road diesel construction equipment of 50 horsepower
(HP) or greater shall comply with EPA/CARB Tier 4
emissions standards or equivalent and shall ensure
that all construction equipment is tuned and
maintained in accordance with the manufacturer’s
specifications. This requirement shall be verified
through submittal of an equipment inventory that
includes the following information: (1) Type of
Equipment, (2) Engine Year and Age, (3) Number of
Years Since Rebuild of Engine (if applicable), (4)
Type of Fuel Used, (5) Engine HP, (6) Verified Diesel
Emission Control Strategy (VDECS) information if
applicable and other related equipment data. A
Certification Statement is also required to be made
by the contractor for documentation of compliance
and for future review by the South Coast Air Quality
Management District, as necessary. The
Certification Statement must state that the contractor
agrees to compliance and acknowledges that a
violation of this requirement shall constitute a
material breach of contract.
Construction
Contractor/
Project Applicant
Prior to and
During
Construction
Activities
Involving
Off‑Road Diesel
Equipment
City of
Santa Ana
Planning and
Building
Agency
During Plan
Check Review
BIOLOGICAL RESOURCES
BIO-1 If ground-disturbing activities or removal of any trees, shrubs, or any other potential nesting habitat are
scheduled within the avian nesting season (generally
Qualified
Biologist/
Within Three
Days Prior to
GroundCity of Santa
Ana Planning
Within Three
Days Prior to
GroundExhibit B: Mitigation Monitoring and Reporting Program (MMRP) City Council 25 – 33 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-3 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
from February 1 through August 31), a preconstruction clearance survey for nesting birds shall be conducted within three days prior to any grounddisturbing activities.
The biologist conducting the clearance survey shall
document the negative results if no active bird nests
are observed on the project site during the clearance
survey with a brief letter report indicating that no
impact to active bird nests would occur before
construction can proceed. If an active avian nest is
discovered during the pre-construction clearance
survey, construction activities shall stay outside of a 300-foot buffer around the active nest. For raptor
species, this buffer shall be 500 feet. A biological
monitor shall be present to delineate the boundaries
of the buffer area and to monitor the active nest to
ensure that nesting behavior is not adversely
affected by the construction activity. Results of the
pre-construction survey and any subsequent
monitoring shall be provided to the California
Department of Fish and Wildlife (CDFW) and other
appropriate agencies.
Construction
Contractor
Disturbing
Activities/During
Construction
and Building
Agency
Disturbing
Activities/
During
Construction
CULTURAL RESOURCES
CUL-1 If previously undiscovered cultural resources are encountered during ground-disturbing activities,
work in the immediate area shall halt and the project
applicant shall retain a qualified archaeologist,
defined as an archaeologist who meets the Secretary
of the Interior’s Professional Qualification Standards
for archaeology, to evaluate the find. If necessary,
the evaluation may require preparation of a treatment
Qualified
Archaeologist/
Project
Applicant/
Construction
Contractor
During GroundDisturbing
Activities (Upon
Discovery)
City of Santa
Ana Planning
and Building
Agency
During
GroundDisturbing
Activities
City Council 25 – 34 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-4 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
plan and archaeological testing for California
Register of Historical Resources (CRHR) eligibility. If the discovery proves to be eligible for the CRHR and
cannot be avoided by the project, additional work,
such as data recovery excavation, may be warranted
to mitigate any significant impacts to historical
resources. In the event that an identified cultural
resource is of Native American origin, the qualified
archaeologist shall consult with the project applicant
and City of Santa Ana to implement Native American
consultation procedures.
GEOLOGY AND SOILS
GEO-1 Prior to issuance of grading permits, the project applicant shall ensure the geotechnical
recommendations outlined in the Geotechnical
Engineering Investigation – Proposed Residential
Development 4320 W. 1st Street & 201 S. Mountain
View Street, Santa Ana, California, prepared by
NorCal Engineering and dated January 8, 2025,
related to soils grading, soil shrinkage and
subsidence, temporary excavations, foundation
design, soils settlement, lateral resistance, retaining wall design, slab design, utility trench and excavation backfill, corrosion design, and expansive soils, or an
updated/finalized project-specific geotechnical
investigation, are integrated into the project plans.
The City of Santa Ana City Engineer shall verify the
recommendations are included in the final project
plans during final plan check review.
Project Applicant Prior to Issuance
of Grading
Permits/During
Final Plan Check
Review
City of Santa
Ana Planning
and Building
Agency/City of
Santa Ana
Public Works
Agency (City
Engineer)
Prior to
Issuance of
Grading
Permits/
During Final
Plan Check
Review
GEO-2 Initial Project Review. Prior to the beginning of construction activities that may impact undisturbed
native Holocene to Pleistocene-aged soil and
Project
Applicant/
Prior to the
Beginning of
Ground‑
City of Santa
Ana Planning
Prior to the
Beginning of
Ground‑
City Council 25 – 35 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-5 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
bedrock (including, but not limited to, geotechnical
boring, initial vegetation removal, clearing and
grubbing, mass grading, boring, excavating, digging,
trenching, rig anchor installation, drilling,
boring/tunneling, auguring, blasting, topsoil stripping, land leveling, driving a ground rod, fencing and
hydrovac excavating), the project applicant shall
retain a Society of Vertebrate Paleontology-qualified
paleontologist. The qualified paleontologist shall
review the proposed scope of work, excavation plans
against the data, and the analysis in the Cultural and
Paleontological Resources Assessment for the First
& Mountain View Project, Santa Ana, Orange
County, California, prepared by Michael Baker
International and dated February 26, 2026, to
determine the potential to impact paleontological
resources. If ground-disturbing activities are not
anticipated to impact paleontological resources, then
no further mitigation is required and Mitigation
Measures GEO-3 and GEO-4 do not apply.
Qualified
Paleontologist
Disturbing
Activities that
May Impact
Undisturbed
Soils
and Building
Agency
Disturbing
Activities that
May Impact
Undisturbed
Soils
GEO-3 Paleontological Monitoring. As determined by the
Society of Vertebrate Standards (SVP)-qualified
paleontologist in consultation with the City of Santa
Ana, paleontological monitoring shall be required for
all ground-disturbing activities that may impact
undisturbed native Holocene to Pleistocene-aged
soil and bedrock at any depth. The qualified
paleontologist shall attend preconstruction meetings,
as deemed necessary by the paleontologist in
consultation with the City of Santa Ana, and manage
the paleontological monitor(s) if the qualified
paleontologist is not conducting the monitoring. The
paleontological monitor(s) shall maintain logs and
Qualified
Paleontologist/
Paleontological
Monitor/
Construction
Contractor
During PreConstruction
Meetings/During
Ground‑
Disturbing
Activities
City of Santa
Ana Planning
and Building
Agency
During PreConstruction
Meetings/Duri
ng Ground‑
Disturbing
Activities
City Council 25 – 36 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-6 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
provide a final summary report of all grounddisturbing activities monitored with the potential to disturb paleontological resources.
The level of monitoring may range from full-time or
part-time (spot-check), based on the qualified
paleontologist’s review of plans and on-site
observations. If no significant fossils are recovered
after 50 percent of earth-moving activities is
completed, full-time monitoring may be modified or
reduced at the discretion of the qualified
paleontologist. If the qualified paleontologist
determines during the course of earth-moving
activities that project excavations are located within
fill or previously disturbed soils, or that the sensitivity for significant paleontological resources is otherwise
low, monitoring may be reduced or suspended at the
qualified paleontologist’s discretion. The
determination to reduce or discontinue
paleontological monitoring in the project area shall
be based on the professional opinion of the qualified
paleontologist regarding the potential for fossils to be present after a reasonable extent of the geology and
stratigraphy has been evaluated.
Monitoring shall be conducted in person by a
qualified paleontological monitor as stated in the
SVP 2010 guidelines. The monitor shall take
photographs, and write a daily log which describes
work monitored, depth, conditions, findings, etc., for
the day. These logs shall be collected daily or weekly
and compiled into the project monitoring report at the
end of the project. If multiple areas of the project site City Council 25 – 37 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-7 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
are being impacted at the same time, multiple
monitors may be required in order to fulfill the
mitigation measures that reduce impacts to these
resources, if any, to a less than significant level.
In the event that fossils are discovered during
grading at any depth, the on-site construction
supervisor shall be notified immediately and shall
redirect work away from the location of the discovery.
The contractor shall consult with the qualified
paleontologist to assess the significance of the find
in accordance with SVP standards. If any find is
determined to be significant, appropriate avoidance
measures recommended by the qualified
paleontologist and approved by the City of Santa Ana
shall be followed. If avoidance is unnecessary or
infeasible, then Mitigation Measure GEO-4 shall be
implemented. The recommendations of the
paleontologist shall be implemented with respect to
the evaluation and recovery of fossils, after which the on-site construction supervisor shall be notified and
shall direct work to continue in the location of the
fossil discovery. If any find is determined not to be
significant, then work shall proceed and Mitigation
Measure GEO-4 does not apply.
GEO-4 Data Recovery Plan. If the fossils are determined to be significant, then the Society of Vertebrate
Paleontology-qualified paleontologist shall prepare
and implement a data recovery plan. The plan shall
generally detail the nature and purpose of the
paleontological investigation. The plan shall
incorporate resource context, appropriate field
methods for data collection depending on the type of
Qualified
Paleontologist/
Project Applicant
During GroundDisturbing
Activities (Upon
Discovery)/
Within 18 Months
of the Excavation
Completion
City of Santa
Ana Planning
and Building
Agency
During
GroundDisturbing
Activities
(Upon
Discovery)/
Upon
Completion
City Council 25 – 38 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-8 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
fossils found, and detail how the fossils will be
prepared, cleaned, identified, catalogued,
temporarily housed, and permanently curated with
an appropriate institution with a research interest in
the materials (which may include the Natural History
Museum of Los Angeles County or the John D.
Cooper Center in the City of Santa Ana). The
qualified paleontologist shall ensure that curation of
fossils is completed in consultation with the City of
Santa Ana. A letter of acceptance from the curation
institution shall be submitted to the City of Santa Ana.
Ground-disturbing construction activities may
commence once excavations are completed in
accordance with the data recovery plan and to the
satisfaction of the City in consultation with the
qualified paleontologist. However, the data recovery
work shall not be considered complete until
excavations and associated analyses are completed
and a final report is prepared. The report shall be
completed and presented to the City of Santa Ana
for comment within 18 months of the completion of
excavations.
and Submittal
of Final
Report
GEO-5 Worker Environmental Awareness Program. As
determined by the Society of Vertebrate
Paleontology (SVP)-qualified paleontologist in
consultation with the City of Santa Ana, and prior to
the beginning of the earth-moving construction
activities (including, but not limited to, geotechnical boring, initial vegetation removal, clearing and
grubbing, mass grading, boring, excavating, digging,
trenching, rig anchor installation, drilling,
boring/tunneling, auguring, blasting, topsoil stripping, Qualified
Paleontologist/
Project
Applicant/
Construction
Contractor
Prior to Ground‑
Disturbing
Activities
City of Santa
Ana Planning
and Building
Agency
Prior to
Ground‑
Disturbing
Activities
City Council 25 – 39 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-9 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
land leveling, driving a ground rod, fencing and
hydrovac excavating), the construction crew shall be
informed on how to identify paleontological localities, such as fossils, and of the regulatory protections
afforded those resources by a SVP-qualified
paleontologist. The crew shall also be informed of
procedures relating to the discovery of unanticipated
paleontological resources. The crew shall be
cautioned not to collect fossils, and directed to inform a construction supervisor and the on-site
paleontological monitor, if available, in the event that paleontological resources are discovered during the
course of construction. The qualified paleontologist
shall administer supplemental briefings to all new
construction personnel, prior to their commencement
of earth-moving construction activities. This
mitigation measure can be administered in
conjunction with other construction worker
environmental awareness programs for the
proposed project.
HAZARDOUS AND HAZARDOUS MATERIALS
HAZ-1 Soil Management Plan. Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be
prepared by a qualified environmental professional
with Phase II/Site Characterization experience
(Phase II Specialist). The SMP shall be made
available to the contractor and the City of Santa Ana
City Engineer for use and be communicated to all
contractors for use during future earthwork at the
site. The SMP shall detail appropriate best
management practices to properly manage impacted
soil in a manner protective of human health and
Project
Applicant/
Qualified
Environmental
Professional
(Phase II
Specialist)/
Construction
Contractor
Prior to Issuance
of Grading
Permit/During
Earthwork
Activities
City of
Santa Ana
Public Works
Agency (City
Engineer)
Prior to
Issuance of
Grading
Permit/During
Earthwork
Activities
City Council 25 – 40 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-10 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
consistent with applicable federal, State, and local
laws. The SMP shall detail appropriate measures be
taken during removal and disposal of the existing
clarifiers and associated drains, and during
disturbance of soils in the northern portion of the site.
Soil generated from the project site that requires offsite disposal shall be characterized prior to disposal at a licensed disposal facility or other commercial
property, as appropriate in consultation with the
Phase II Specialist.
TRIBAL CULTURAL RESOURCES
TCR -1 Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities.
A. The project Applicant shall retain a Native
American Monitor acceptable by the
Gabrieleño Band of Mission Indians – Kizh
Nation (Tribe). The monitor shall be retained
prior to the commencement of any “grounddisturbing activity” for the project at all locations (i.e., both on-site and any off-site
locations that are included in the project
description/definition and/or required in
connection with the project, such as public
improvement work). “Ground-disturbing
activity” shall include, but is not limited to,
demolition, pavement removal, potholing,
auguring, grubbing, tree removal, boring,
grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement
shall be submitted to the City of Santa Ana
Project
Applicant/
Qualified Native
American
Monitor(s)/
Construction
Contractor
Prior to Ground‑
Disturbing
Activities/During
Construction
City of
Santa Ana
Planning and
Building
Agency
Prior to
Issuance of
Permits for
Initial Site
Clearing/
During
Construction
City Council 25 – 41 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-11 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
prior to the commencement of any grounddisturbing activity, or the issuance of any permit necessary to commence a grounddisturbing activity.
C. The monitor shall complete daily monitoring
logs that would provide descriptions of the
relevant ground-disturbing activities, the type
of construction activities performed, locations
of ground-disturbing activities, soil types,
cultural-related materials, and any other facts,
conditions, materials, or discoveries of
significance to the Tribe. Monitor logs shall
identify and describe any discovered tribal
cultural resources (TCRs), including, but not
limited to, Native American cultural and
historical artifacts, remains, places of
significance, etc., as well as any discovered
Native American (ancestral) human remains
and burial goods. Copies of monitor logs shall
be provided to the project Applicant/City of
Santa Ana upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon
the latter of the following (1) written
confirmation to the Tribe from a designated
point of contact for the project Applicant/City of
Santa Ana that all ground-disturbing activities
and phases that may involve grounddisturbing activities on the project site or in connection with the project are complete; or
(2) a determination and written notification by
the Tribe to the project Applicant/City of Santa
City Council 25 – 42 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-12 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
Ana that no future, planned construction
activity and/or development/construction
phase at the project site possesses the
potential to impact the Tribe’s TCRs.
TCR-2 Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial). Upon
discovery of any tribal cultural resources (TCRs), all
construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume until the
discovered TCR has been fully assessed by a Native
American Monitor and/or an archaeologist
acceptable by the Gabrieleño Band of Mission
Indians – Kizh Nation (Tribe). The Tribe shall recover
and retain all discovered TCRs in the form and/or
manner the Tribe deems appropriate, in the Tribe’s
sole discretion, and for any purpose the Tribe deems
appropriate, including for educational, cultural and/or historic purposes.
Project
Applicant/ Native
American
Monitor/
Construction
Contractor
During Ground‑
Disturbing
Activities (Upon
Discovery)
City of
Santa Ana
Planning and
Building
Agency
During
Ground‑
Disturbing
Activities
(Upon
Discovery)
TCR-3 Unanticipated Discovery of Human Remains and
Associated Funerary or Ceremonial Objects.
A. Native American human remains are defined
in the California Public Resources Code (PRC)
Section 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition
or skeletal completeness. Funerary objects,
refer to as “associated grave goods” in PRC
Section 5097.98, are also to be treated
according to this statute.
B. If Native American human remains and/or
grave goods are discovered or recognized on
the project site, then PRC 5097.9 as well as
Project
Applicant/
Construction
Contractor/
Native American
Monitor
During Ground‑
Disturbing
Activities (Upon
Discovery)
City of
Santa Ana
Planning and
Building
Agency
During
Ground‑
Disturbing
Activities
(Upon
Discovery)
City Council 25 – 43 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-13 Mitigation Monitoring and Reporting Program Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
Health and Safety Code Section 7050.5 shall
be followed.
C. Human remains and grave/burial goods shall
be treated alike per PRC Sections
5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the
preferred manner of treatment for discovered
human remains and/or burial goods.
E. Any discovery of human remains/burial goods
shall be kept confidential to prevent further
disturbance.
City Council 25 – 44 10/20/2026
Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2026-03 AMENDING THE ZONING
CLASSIFICATION FOR THE PROPERTIES LOCATED AT
4320 WEST FIRST STREET AND 201 SOUTH MOUNTAIN
VIEW STREET FROM GENERAL COMMERCIAL (C2) AND
LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT
NO. 98 (SD-98) AND ADOPTING SD-98 FOR SAID
PROPERTIES (APNS: 188-021-11, 188-021-12, & 188-021-
10)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. Santa Ana MV LLC (“Owner”), represented by Storm Bird of Storm Properties, Inc. (“Applicant”), is requesting approval of Amendment Application (“AA”) No. 2026-03 to change the site’s zoning classification from General Commercial (C2) and Light Industrial (M1) to Specific Development (“SD”) No. 98 (SD-98) and to adopt SD No. 98 in order to allow the construction of a 61-unit for-sale multi-family development located at 4320 West First Street and 201 South Mountain View Street.
B. The application includes the following related land use approvals: (1) General Plan Amendment (“GPA”) No. 2026-01 to change the site’s General Plan land use designation from General Commercial (GC) and Low-Medium Density Residential (LMR-11) to Urban Neighborhood-Low (UN-20); and (2) Vesting Tentative Tract Map (“VTTM”) No. 2025-04 (County Map No. 19391); and (3) Density Bonus Agreement (“DBA”) No. 2025-04 memorializing one concession granted pursuant to State Density Bonus Law (“Project”).
C. Chapter 41, Article 1, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land regulation; the location, height, bulk and size of buildings and structures, the size of yards and open space; the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to:
encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and City Council 25 – 45 10/20/2026
Ordinance No. NS-XXXX
general welfare of the people, all as part of the general plan of the City.
The City of Santa Ana has adopted a zoning map which has since been amended from time to time.
D. On September 14, 2026, the Planning Commission held a duly noticed public hearing and recommended that the City Council approve AA No. 2026-03.
E. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan and Santa Ana Municipal Code Section 41-593.
F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on October 20, 2026, continued from the October 6, 2026 regular City Council meeting.
G. The City Council also adopts as findings all facts presented in the Request for Council Action dated October 20, 2026, accompanying this matter.
H. For these reasons, AA No. 2026-03 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning classification is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare.
Section 2. The Amendment Application consists of amendments to the Zoning Map (SDM 16-5-10), as shown in Exhibit A and adoption of Specific Development No. 98 as shown in Exhibit B, attached hereto and incorporated herein by reference. The Amendment Application to change the zoning classification from General Commercial (C2) and Light Industrial (M1) to Specific Development No. 98 (SD-98) is consistent with Santa Ana Municipal Code section 41-593.1 for the following reasons:
(1) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties.
The Project’s site plan and building layout is designed to support compatibility with surrounding development. Buildings are oriented along First Street and Mountain View Street to reinforce the existing streetscape, with heights that are consistent with nearby two- and three-story developments. In addition, the parking spaces have been sited to provide a buffer between the Project and neighboring multi-family uses to the east. Additional privacy is provided through perimeter landscaping, including climbing vines and hedges along the southern property line. Live-work, along with 10 live-work-style City Council 25 – 46 10/20/2026
Ordinance No. NS-XXXX
units with ground-floor flex space located along First Street and at the corner of First Street and Mountain View Street, are positioned to activate the corridor and contribute to a more engaging pedestrian environment.
(2) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected.
The Project promotes an orderly and harmonious visual character through cohesive architectural design and high-quality materials.
The buildings incorporate a Modern Spanish architectural style with consistent floor heights, articulation, and a neutral color palette, of stucco finishes, stone veneer, and clay S-tile roofing to ensure durability and visual continuity. Landscaping includes a mix of 24- inch box trees, enhanced paving at key pedestrian areas, and welldefined open spaces. Amenities such as private decks, courtyards, and a picnic area provide functional and attractive spaces for residents. A publicly accessible corner plaza further enhances the streetscape and will be maintained by on-site management. The overall design is consistent with the Citywide Design Guidelines and contributes to an attractive and well-maintained environment. (3) Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may, in the judgment of the city, be required for the systematic execution of the general plan.
The Project is based on and implements the goals and policies of the General Plan, as facilitated through the proposed GPA No. 2026-01 and the associated zoning designation.
Because citywide zoning regulations implementing the UN-20 designation have not yet been adopted, the proposed SD-98 zoning district establishes a site-specific regulatory framework that implements the General Plan and permits residential and live-work development consistent with the City’s planning objectives. The Project supports Housing Element Goals 2 and 3 by providing a mix of unit types, including three affordable units and two-, three-, and four-bedroom homes; and live-work and live-work-style units, accommodating a range of household types and income levels while expanding homeownership opportunities (Policies HE-1.1, HE-2.5).
(4) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and City Council 25 – 47 10/20/2026
Ordinance No. NS-XXXX
encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved.
The Project will provide well-designed residential development along a major corridor. The site plan, building orientation, and architectural character are compatible with surrounding uses.
Ongoing property management and maintenance will ensure that the development remains in good condition over time, supporting neighborhood stability and protecting nearby property values. (5) Ensuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces.
The Project protects public investment in infrastructure and streetscape improvements through high-quality private
development and frontage enhancements. The development will utilize existing utilities and infrastructure within an urbanized area and will not require expansion of public facilities. The Project includes improvements to adjacent public rights-of-way, including new sidewalks, parkway landscaping, street trees, lighting, and drainage upgrades along First Street and Mountain View Street. In addition, the Project will comply with the City’s Building Security Ordinance and incorporate design features that support safety and reduce demands on public services. The development will contribute to public revenues through property taxes, utility user taxes, and applicable development impact fees, ensuring that public benefits are maintained and enhanced.
Section 3. Pursuant to the requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project. The purpose of the IS/MND is to describe the proposed Project and to provide an evaluation of potential environmental impacts associated with the Project’s construction and operation.
Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment.
The City of Santa Ana is the Lead Agency for the Project pursuant to CEQA Guidelines Section 15367. The IS/MND and MMRP were circulated for public review in accordance with CEQA requirements, and the City Council has independently reviewed City Council 25 – 48 10/20/2026
Ordinance No. NS-XXXX
and considered the environmental documentation prior to taking action on this resolution.
The IS/MND concluded that the Project could result in potentially significant environmental impacts; however, with incorporation of the identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level. Possible impacts identified in the IS/MND include those related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance.
• MM AQ-1: The Project Applicant shall require contractors to use offroad diesel construction equipment of 50 horsepower or greater that complies with EPA/CARB Tier 4 emissions standards or equivalent and is properly maintained.
• MM BIO-1: If ground disturbance or removal of trees, shrubs, or other nesting habitat occurs during the avian nesting season, the Project Applicant shall retain a qualified biologist to conduct a pre-construction nesting bird survey and require avoidance of active nests with the applicable buffer.
• MM CUL-1: If previously undiscovered cultural resources are encountered, the Project Applicant shall halt work in the immediate area and retain a qualified archaeologist to evaluate the find and determine appropriate treatment.
• MM GEO-1: The Project Applicant shall ensure geotechnical recommendations are incorporated into the project plans and verified by the City Engineer.
• MM GEO-2: The Project Applicant shall retain a Society of Vertebrate Paleontology-qualified paleontologist to review the proposed work and determine the potential to impact paleontological resources. • MM GEO-3: The Project Applicant shall require paleontological monitoring for ground-disturbing activities that may impact undisturbed native Holocene to Pleistocene-aged soil and bedrock, as determined by a qualified paleontologist in consultation with the City of Santa Ana. • MM GEO-4: If fossils are determined to be significant, the qualified paleontologist shall prepare and implement a data recovery plan, including curation and final reporting.
• MM GEO-5: The Project Applicant shall ensure construction personnel are informed on identification of paleontological resources and procedures for unanticipated discoveries.
• MM HAZ-1: The Project Applicant shall prepare a Soil Management Plan and make it available to the contractor and City Engineer for use during earthwork at the site.
• MM TCR-1: The Project Applicant shall retain a Native American Monitor acceptable to the Gabrieleño Band of Mission Indians – Kizh Nation and submit the executed monitoring agreement to the City. • MM TCR-2: Upon discovery of tribal cultural resources, the Applicant shall require work to halt within at least 50 feet until evaluated by a City Council 25 – 49 10/20/2026
Ordinance No. NS-XXXX
qualified monitor or archaeologist, with treatment directed by the Tribe. • MM TCR-3: If Native American human remains and/or grave goods are discovered or recognized, the Project Applicant shall comply with applicable State law, preserve the remains in place where feasible, and keep the discovery confidential.
The IS/MND’s analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City.
Based on the whole of the administrative record, including the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, the City Council finds that the proposed Project will not have a significant effect on the environment with implementation of the adopted mitigation measures, and hereby adopts the IS/MND and MMRP, attached hereto for reference as Exhibit C, in conjunction with approval of this ordinance.
Section 4. 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, which approval will not be unreasonably withheld, 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.
Section 5. 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.
City Council 25 – 50 10/20/2026
Ordinance No. NS-XXXX
Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves AA No. 2026-03. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Planning Commission staff report dated September 14, 2026, the Request for Council Action dated October 20, 2026, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
Section 7. The City Council approves AA No. 2026-03 as set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below:
A. Subject to compliance with the Mitigation Monitoring and Reporting Program, the Zoning Map shall be amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference.
B. The Amendment Application shall not take effect unless and until Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2025-47 and GPA No. 2026-01 are adopted by the City Council.
Section 8. An amended Sectional District Map SDM 16-5-10, showing the above described changes in use district classification, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein.
Section 9. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council’s decisions and these findings.
Section 10. This Ordinance shall become effective thirty (30) days after its adoption.
Section 11. 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 25 – 51 10/20/2026
Ordinance No. NS-XXXX
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 Ordinance No. NS- XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2026 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ____________ ____________________________
City Clerk
City of Santa Ana
City Council 25 – 52 10/20/2026
A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST.R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE C1-MD COMMUNITY COMMERCIAL - MUSEUM DIST.M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN
CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE
PLANNED RESIDENTIAL
DEVELOPMENT -PRD
City of Santa Ana, California
ZONING DISTRICTS
QUINCY COM PLYMOUTH COM
ALOHA ST
FLINTRIDGE DR
BOSTON
COM TYSO
N
CRSG
FIJI CIR
INDEPENDENCE
COM
MAUI AV
REGENT DR
WAIKIKI WY
POTOMAC COM
ALOHA LN
ANDRES
PL
LEHNHARDT AV
KONA LN
EL DON PL
BALI HI LN
SUFFOLK COM
AUSTIN ST
BREWSTER COM
KONA AV
D
ENNIS S
T
M
HILO WY O
UNTAI
N
VIEW
S
T
KAUAI
WY
GATES ST
LANAI WY
MAUI WY
BERRY
ST
PALI ST
OAHU WY
LIBERTY
COM
ACTON
COM
ROY CIR
MAUNA
LN
SHANNON ST
HIGHLAND
AV
BARBETTE
AV
KAWAII ST
HILO ST
BALI ST
OAHU ST
HYANNIS
COM
SIMSBURRY COM
KENT AV
LANAIST
MCLEAN DR
CAMBRIDGE
HILL COM
WELFLEET COM
SPAR S
T
FLIGHT AV
JASON LN
HARMON ST
BERNADAL
PL
ACAPULCO
AV
ELLIOT
T
P
L
NA PALI DR
CORTA DR
LILAC AV
CANFIELD LN
LINDELL LN
FLOYD CIR
DAVIT AV
NEWLOND
O
N COM
BURLINGTO
N
COM
GENOA DR
DRIFTWOOD DR
HENDERSON PL
VIRLEE ST
KAREN AV
POSEY ST
WISTERIA PL
LUCKY WY
NEW BRITAIN COM
CRYSTAL LN
MELRIC DR
WATKINS WY
QUIGLEY LN
ROBERTS DR
TOLAND
S
T
CAMILLE ST
S EUCLID ST
EDINGER AV
S HARBOR BLVD
N NEWHOPE ST S NEWHOPE ST
W MCFADDEN AV
W 1ST ST
N EUCLID ST
N HARBOR BLVD
R1-PRD
R1-PRD
R2-PRD
R2-PRD
R2-PRD
R2-PRD
R3-PRD
R3-PRD
A1
A1
A1
A1
A1
A1
C1
C1
C1
C2 C2
C2
C2
C2 C2 C2 C2 C2
C5 C5 C5
M1
M1
M1
O O
O
O
O
O
O
O
O
O
O
R1 R1 R1
R1
R1
R1
R1
R1
R1 R1 R1
R1 R1 R1
R1
R1
R1
R1
R1 R1 R1 R1
R1
R1
R1 R1
R1 R1
R1 R1 R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1 R1
R2
R2
R2
R2
R2
R2
R2 R2
R2
R2
R2
R3
R3
R4
R4
SD32
SD34
SD50
R1
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SD98
SD98
N/A N/A 15-5-10
9-5-10 10-5-1015-5-109-5-10 8-5-10 17-5-10
N/A N/A 17-5-10
Exhibit A: Zoning Map (SDM 16-5-10)
Print Date: 05/19/26
Sectional District Map: 16-5-10
I
City Council 25 – 53 10/20/2026
S P ECI F IC DE V E L O PME N T N O . 98
NS-_____
C I T Y C O U N C I L A C T I O N
November 17, 2026
A ME N DME N T AP P L ICA T I O N 2026-03
Exhibit B: Specific Development No. 98
City Council 25 – 54 10/20/2026
Specific Development Plan No. 98
First and Mountain View Residential Development
Section 1. Applicability of Ordinance
The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26, Sec. 41-593 et. seq. of the Santa Ana Municipal Code (SAMC) or as may be amended from time to time, is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. This ordinance is applicable to the properties located at the southeast corner of West First Street and South Mountain View Street, as shown on Exhibit A.
Section 2. Purpose
The Specific Development Plan No. 98 (SD-98), consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging the orderly development of the property.
Section 3. Objectives
The objectives of the First and Mountain View multi-family project specific development plan include provisions of the following:
1. Promote the City's image as providing high -quality residential projects for individuals and families of all income levels.
2. Create a clean and safe environment for the City's residents, workers, and visitors.
Section 4. Uses Permitted/Conditionally Permitted
1. The following uses are permitted in the SD-98 District:
a) Multi-family townhome units, including:
i. Units with ground-floor flex space to accommodate commercial, retail, or office uses, representing at least 20 percent of the total units and fronting on First Street;
ii. Live-work units, representing at least 6 percent of the total units, located at the corner of First Street and Mountain View Street, and collectively fronting both streets; and
iii. Conventional townhome units making up the remaining units.
Each flex-space, live-work, and conventional townhome unit shall include an attached two-car garage. The flex-space and live-work units shall be separate and non-overlapping City Council 25 – 55 10/20/2026
categories. Each unit shall include an attached two-car garage. Units may front on First Street, Mountain View Streets, a private drive aisle, an open-space area, or pedestrian pathway.
b) Commercial, retail, service or office uses operating in conjunction with a live-work unit.
c) Professional, business or administrative offices.
d) Restaurants, cafes, and eating establishments, excluding drive-through and walkup window service and establishments operating between 12:00 a.m. and 5:00 a.m.
e) Tattoo and/or body art establishments, subject to SAMC development and operational standards.
f) Medical offices.
2. The following use is conditionally permitted in the SD-98 District:
a) Veterinary offices.
3. Any use not identified above is prohibited unless the Planning Manager, or designee, determines that the use is similar to an allowable use.
Section 5. Maximum Permitted Density
The maximum allowable density for the multi-family project is 20 dwellings unit per acre.
Section 6. Minimum Lot Size
The minimum lot size for the project shall be 2.55 acres.
Section 7. Minimum Street Frontage
The project shall have a minimum street frontage of 650 feet.
Section 8. Building Height
No residential structure shall exceed 45 feet or three (3) stories in height, as measured from the adjacent grade of the structure to the top of the parapet.
Section 9. Setback Standards
The minimum setbacks for the development shall be as follows:
a) North (First Street) - A maximum setback of eight (8) feet shall be provided. b) South - A minimum setback of 15 feet shall be provided. Mechanical equipment (a/c units, electrical rooms, etc.) may encroach a maximum of five (5)feet into the setback.
City Council 25 – 56 10/20/2026
c) East - A minimum setback of five (5) feet shall be provided. d) West (Mountain View Street) - A maximum setback of 8-feet shall be provided.
Section 10. Parking Standards
The minimum off-street parking requirements for the project are as follows:
a) Parking shall be provided at a ratio of two garage spaces per unit, plus 0.22 guest parking spaces per unit.
b) Parking stalls shall be no less than eight (8) feet six (6) inches wide 18 feet long.
Where double-striping is required, the width of stalls shall be measured from lines midway between each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width of the stall is increased at least six (6) inches and if the appurtenance is not located so as to interfere with safe and free parking movement, car door opening, or of visibility.
c) Aisles that serve parking stalls shall be no less than 23 feet wide for 90-degree parking.
d) Bicycle parking shall be provided at a rate of one (1) space per five (5) dwelling units, with a minimum requirement of 4 spaces.
e) Bicycle parking shall be provided within the garage of each residential and live/work unit.
f) Two (2) bicycle racks, with a total of 14 spaces, shall be provided adjacent to the project entry for guest use.
Section 11. Open Space Standards
The following Open Space standards are applicable to the development:
a) Common Open Space. The project shall provide a minimum of 9 percent of the total lot size as open space, inclusive of walkways, in the form of landscaped open space areas and courtyards. These areas shall be easily accessible to all residents within the project. One of the common open space areas shall face First Street. b) Private open space in the form of a patio or balcony with a minimum area of 90 square feet shall be provided for 90 percent of the Project's residential units. The remaining units shall have convenient access to the Project's common open space amenities and recreational areas.
Section 12. Wall/Fence Standards
a) The project perimeter shall be surrounded by a minimum eight (8)-foot-high decorative masonry block wall with pilasters every 25 feet and a cap element. Vines shall be planted on exposed walls every 15 feet on center to minimize graffiti. Any City Council 25 – 57 10/20/2026
interior walls and/or fence between the units or within the development shall be six (6) feet in height and made of a solid material such as wood or masonry block. b) Any vehicular gates shall meet setback and height requirements and shall require Public Works Agency and Orange County Fire Authority approval.
Section 13. Landscaping Standards
The project shall comply with the following landscape standards. a) Perimeter/Non-Common Open Space:
i. All setback areas shall be landscaped unless part of an approved hardscape area.
ii. Landscaping shall be provided at a rate of one (1) 24-inch box tree per 35 feet of street frontage, and a minimum of one (1) 5-gallon shrubs spaced every five (5) feet. All trees shall be canopy (shade-producing) box trees. iii. Ground cover/mulch shall be provided for the project. iv. The project shall provide a six (6)-inch raised concrete curb around all landscape planters unless approved by the Planning Division. v. Turf or acceptable dry climate ground cover is acceptable, provided the Turf is a drought tolerant variety and planted as sod or hydroseed. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material.
vi. Irrigation system: All landscaped areas shall be irrigated using an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. The use of “xerophytic” or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings.
vii. Maintenance: All plant material shall be maintained per Santa Ana Municipal Code.
City Council 25 – 58 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
Final Initial Study/Mitigated Negative Declaration
June 2026 3-2 Mitigation Monitoring and Reporting Program Table 1
Mitigation Monitoring and Reporting Checklist
Mitigation
Number Mitigation Measure Implementation Responsibility Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
AIR QUALITY
AQ-1 The construction contractor shall ensure that off-road diesel construction equipment of 50 horsepower
(HP) or greater shall comply with EPA/CARB Tier 4
emissions standards or equivalent and shall ensure
that all construction equipment is tuned and
maintained in accordance with the manufacturer’s
specifications. This requirement shall be verified
through submittal of an equipment inventory that
includes the following information: (1) Type of
Equipment, (2) Engine Year and Age, (3) Number of
Years Since Rebuild of Engine (if applicable), (4)
Type of Fuel Used, (5) Engine HP, (6) Verified Diesel
Emission Control Strategy (VDECS) information if
applicable and other related equipment data. A
Certification Statement is also required to be made
by the contractor for documentation of compliance
and for future review by the South Coast Air Quality
Management District, as necessary. The
Certification Statement must state that the contractor
agrees to compliance and acknowledges that a
violation of this requirement shall constitute a
material breach of contract.
Construction
Contractor/
Project Applicant
Prior to and
During
Construction
Activities
Involving
Off‑Road Diesel
Equipment
City of
Santa Ana
Planning and
Building
Agency
During Plan
Check Review
BIOLOGICAL RESOURCES
BIO-1 If ground-disturbing activities or removal of any trees, shrubs, or any other potential nesting habitat are
scheduled within the avian nesting season (generally
Qualified
Biologist/
Within Three
Days Prior to
GroundCity of Santa
Ana Planning
Within Three
Days Prior to
GroundExhibit C: Mitigation Monitoring and Reporting Program (MMRP) City Council 25 – 59 10/20/2026
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from February 1 through August 31), a preconstruction clearance survey for nesting birds shall be conducted within three days prior to any grounddisturbing activities.
The biologist conducting the clearance survey shall
document the negative results if no active bird nests
are observed on the project site during the clearance
survey with a brief letter report indicating that no
impact to active bird nests would occur before
construction can proceed. If an active avian nest is
discovered during the pre-construction clearance
survey, construction activities shall stay outside of a 300-foot buffer around the active nest. For raptor
species, this buffer shall be 500 feet. A biological
monitor shall be present to delineate the boundaries
of the buffer area and to monitor the active nest to
ensure that nesting behavior is not adversely
affected by the construction activity. Results of the
pre-construction survey and any subsequent
monitoring shall be provided to the California
Department of Fish and Wildlife (CDFW) and other
appropriate agencies.
Construction
Contractor
Disturbing
Activities/During
Construction
and Building
Agency
Disturbing
Activities/
During
Construction
CULTURAL RESOURCES
CUL-1 If previously undiscovered cultural resources are encountered during ground-disturbing activities,
work in the immediate area shall halt and the project
applicant shall retain a qualified archaeologist,
defined as an archaeologist who meets the Secretary
of the Interior’s Professional Qualification Standards
for archaeology, to evaluate the find. If necessary,
the evaluation may require preparation of a treatment
Qualified
Archaeologist/
Project
Applicant/
Construction
Contractor
During GroundDisturbing
Activities (Upon
Discovery)
City of Santa
Ana Planning
and Building
Agency
During
GroundDisturbing
Activities
City Council 25 – 60 10/20/2026
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plan and archaeological testing for California
Register of Historical Resources (CRHR) eligibility. If the discovery proves to be eligible for the CRHR and
cannot be avoided by the project, additional work,
such as data recovery excavation, may be warranted
to mitigate any significant impacts to historical
resources. In the event that an identified cultural
resource is of Native American origin, the qualified
archaeologist shall consult with the project applicant
and City of Santa Ana to implement Native American
consultation procedures.
GEOLOGY AND SOILS
GEO-1 Prior to issuance of grading permits, the project applicant shall ensure the geotechnical
recommendations outlined in the Geotechnical
Engineering Investigation – Proposed Residential
Development 4320 W. 1st Street & 201 S. Mountain
View Street, Santa Ana, California, prepared by
NorCal Engineering and dated January 8, 2025,
related to soils grading, soil shrinkage and
subsidence, temporary excavations, foundation
design, soils settlement, lateral resistance, retaining wall design, slab design, utility trench and excavation backfill, corrosion design, and expansive soils, or an
updated/finalized project-specific geotechnical
investigation, are integrated into the project plans.
The City of Santa Ana City Engineer shall verify the
recommendations are included in the final project
plans during final plan check review.
Project Applicant Prior to Issuance
of Grading
Permits/During
Final Plan Check
Review
City of Santa
Ana Planning
and Building
Agency/City of
Santa Ana
Public Works
Agency (City
Engineer)
Prior to
Issuance of
Grading
Permits/
During Final
Plan Check
Review
GEO-2 Initial Project Review. Prior to the beginning of construction activities that may impact undisturbed
native Holocene to Pleistocene-aged soil and
Project
Applicant/
Prior to the
Beginning of
Ground‑
City of Santa
Ana Planning
Prior to the
Beginning of
Ground‑
City Council 25 – 61 10/20/2026
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bedrock (including, but not limited to, geotechnical
boring, initial vegetation removal, clearing and
grubbing, mass grading, boring, excavating, digging,
trenching, rig anchor installation, drilling,
boring/tunneling, auguring, blasting, topsoil stripping, land leveling, driving a ground rod, fencing and
hydrovac excavating), the project applicant shall
retain a Society of Vertebrate Paleontology-qualified
paleontologist. The qualified paleontologist shall
review the proposed scope of work, excavation plans
against the data, and the analysis in the Cultural and
Paleontological Resources Assessment for the First
& Mountain View Project, Santa Ana, Orange
County, California, prepared by Michael Baker
International and dated February 26, 2026, to
determine the potential to impact paleontological
resources. If ground-disturbing activities are not
anticipated to impact paleontological resources, then
no further mitigation is required and Mitigation
Measures GEO-3 and GEO-4 do not apply.
Qualified
Paleontologist
Disturbing
Activities that
May Impact
Undisturbed
Soils
and Building
Agency
Disturbing
Activities that
May Impact
Undisturbed
Soils
GEO-3 Paleontological Monitoring. As determined by the
Society of Vertebrate Standards (SVP)-qualified
paleontologist in consultation with the City of Santa
Ana, paleontological monitoring shall be required for
all ground-disturbing activities that may impact
undisturbed native Holocene to Pleistocene-aged
soil and bedrock at any depth. The qualified
paleontologist shall attend preconstruction meetings,
as deemed necessary by the paleontologist in
consultation with the City of Santa Ana, and manage
the paleontological monitor(s) if the qualified
paleontologist is not conducting the monitoring. The
paleontological monitor(s) shall maintain logs and
Qualified
Paleontologist/
Paleontological
Monitor/
Construction
Contractor
During PreConstruction
Meetings/During
Ground‑
Disturbing
Activities
City of Santa
Ana Planning
and Building
Agency
During PreConstruction
Meetings/Duri
ng Ground‑
Disturbing
Activities
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provide a final summary report of all grounddisturbing activities monitored with the potential to disturb paleontological resources.
The level of monitoring may range from full-time or
part-time (spot-check), based on the qualified
paleontologist’s review of plans and on-site
observations. If no significant fossils are recovered
after 50 percent of earth-moving activities is
completed, full-time monitoring may be modified or
reduced at the discretion of the qualified
paleontologist. If the qualified paleontologist
determines during the course of earth-moving
activities that project excavations are located within
fill or previously disturbed soils, or that the sensitivity for significant paleontological resources is otherwise
low, monitoring may be reduced or suspended at the
qualified paleontologist’s discretion. The
determination to reduce or discontinue
paleontological monitoring in the project area shall
be based on the professional opinion of the qualified
paleontologist regarding the potential for fossils to be present after a reasonable extent of the geology and
stratigraphy has been evaluated.
Monitoring shall be conducted in person by a
qualified paleontological monitor as stated in the
SVP 2010 guidelines. The monitor shall take
photographs, and write a daily log which describes
work monitored, depth, conditions, findings, etc., for
the day. These logs shall be collected daily or weekly
and compiled into the project monitoring report at the
end of the project. If multiple areas of the project site City Council 25 – 63 10/20/2026
FIRST & MOUNTAIN VIEW PROJECT
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are being impacted at the same time, multiple
monitors may be required in order to fulfill the
mitigation measures that reduce impacts to these
resources, if any, to a less than significant level.
In the event that fossils are discovered during
grading at any depth, the on-site construction
supervisor shall be notified immediately and shall
redirect work away from the location of the discovery.
The contractor shall consult with the qualified
paleontologist to assess the significance of the find
in accordance with SVP standards. If any find is
determined to be significant, appropriate avoidance
measures recommended by the qualified
paleontologist and approved by the City of Santa Ana
shall be followed. If avoidance is unnecessary or
infeasible, then Mitigation Measure GEO-4 shall be
implemented. The recommendations of the
paleontologist shall be implemented with respect to
the evaluation and recovery of fossils, after which the on-site construction supervisor shall be notified and
shall direct work to continue in the location of the
fossil discovery. If any find is determined not to be
significant, then work shall proceed and Mitigation
Measure GEO-4 does not apply.
GEO-4 Data Recovery Plan. If the fossils are determined to be significant, then the Society of Vertebrate
Paleontology-qualified paleontologist shall prepare
and implement a data recovery plan. The plan shall
generally detail the nature and purpose of the
paleontological investigation. The plan shall
incorporate resource context, appropriate field
methods for data collection depending on the type of
Qualified
Paleontologist/
Project Applicant
During GroundDisturbing
Activities (Upon
Discovery)/
Within 18 Months
of the Excavation
Completion
City of Santa
Ana Planning
and Building
Agency
During
GroundDisturbing
Activities
(Upon
Discovery)/
Upon
Completion
City Council 25 – 64 10/20/2026
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fossils found, and detail how the fossils will be
prepared, cleaned, identified, catalogued,
temporarily housed, and permanently curated with
an appropriate institution with a research interest in
the materials (which may include the Natural History
Museum of Los Angeles County or the John D.
Cooper Center in the City of Santa Ana). The
qualified paleontologist shall ensure that curation of
fossils is completed in consultation with the City of
Santa Ana. A letter of acceptance from the curation
institution shall be submitted to the City of Santa Ana.
Ground-disturbing construction activities may
commence once excavations are completed in
accordance with the data recovery plan and to the
satisfaction of the City in consultation with the
qualified paleontologist. However, the data recovery
work shall not be considered complete until
excavations and associated analyses are completed
and a final report is prepared. The report shall be
completed and presented to the City of Santa Ana
for comment within 18 months of the completion of
excavations.
and Submittal
of Final
Report
GEO-5 Worker Environmental Awareness Program. As
determined by the Society of Vertebrate
Paleontology (SVP)-qualified paleontologist in
consultation with the City of Santa Ana, and prior to
the beginning of the earth-moving construction
activities (including, but not limited to, geotechnical boring, initial vegetation removal, clearing and
grubbing, mass grading, boring, excavating, digging,
trenching, rig anchor installation, drilling,
boring/tunneling, auguring, blasting, topsoil stripping, Qualified
Paleontologist/
Project
Applicant/
Construction
Contractor
Prior to Ground‑
Disturbing
Activities
City of Santa
Ana Planning
and Building
Agency
Prior to
Ground‑
Disturbing
Activities
City Council 25 – 65 10/20/2026
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Monitoring
Responsibility
Monitoring
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Verification of Compliance
Initials Date Remarks
land leveling, driving a ground rod, fencing and
hydrovac excavating), the construction crew shall be
informed on how to identify paleontological localities, such as fossils, and of the regulatory protections
afforded those resources by a SVP-qualified
paleontologist. The crew shall also be informed of
procedures relating to the discovery of unanticipated
paleontological resources. The crew shall be
cautioned not to collect fossils, and directed to inform a construction supervisor and the on-site
paleontological monitor, if available, in the event that paleontological resources are discovered during the
course of construction. The qualified paleontologist
shall administer supplemental briefings to all new
construction personnel, prior to their commencement
of earth-moving construction activities. This
mitigation measure can be administered in
conjunction with other construction worker
environmental awareness programs for the
proposed project.
HAZARDOUS AND HAZARDOUS MATERIALS
HAZ-1 Soil Management Plan. Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be
prepared by a qualified environmental professional
with Phase II/Site Characterization experience
(Phase II Specialist). The SMP shall be made
available to the contractor and the City of Santa Ana
City Engineer for use and be communicated to all
contractors for use during future earthwork at the
site. The SMP shall detail appropriate best
management practices to properly manage impacted
soil in a manner protective of human health and
Project
Applicant/
Qualified
Environmental
Professional
(Phase II
Specialist)/
Construction
Contractor
Prior to Issuance
of Grading
Permit/During
Earthwork
Activities
City of
Santa Ana
Public Works
Agency (City
Engineer)
Prior to
Issuance of
Grading
Permit/During
Earthwork
Activities
City Council 25 – 66 10/20/2026
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consistent with applicable federal, State, and local
laws. The SMP shall detail appropriate measures be
taken during removal and disposal of the existing
clarifiers and associated drains, and during
disturbance of soils in the northern portion of the site.
Soil generated from the project site that requires offsite disposal shall be characterized prior to disposal at a licensed disposal facility or other commercial
property, as appropriate in consultation with the
Phase II Specialist.
TRIBAL CULTURAL RESOURCES
TCR -1 Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities.
A. The project Applicant shall retain a Native
American Monitor acceptable by the
Gabrieleño Band of Mission Indians – Kizh
Nation (Tribe). The monitor shall be retained
prior to the commencement of any “grounddisturbing activity” for the project at all locations (i.e., both on-site and any off-site
locations that are included in the project
description/definition and/or required in
connection with the project, such as public
improvement work). “Ground-disturbing
activity” shall include, but is not limited to,
demolition, pavement removal, potholing,
auguring, grubbing, tree removal, boring,
grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement
shall be submitted to the City of Santa Ana
Project
Applicant/
Qualified Native
American
Monitor(s)/
Construction
Contractor
Prior to Ground‑
Disturbing
Activities/During
Construction
City of
Santa Ana
Planning and
Building
Agency
Prior to
Issuance of
Permits for
Initial Site
Clearing/
During
Construction
City Council 25 – 67 10/20/2026
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prior to the commencement of any grounddisturbing activity, or the issuance of any permit necessary to commence a grounddisturbing activity.
C. The monitor shall complete daily monitoring
logs that would provide descriptions of the
relevant ground-disturbing activities, the type
of construction activities performed, locations
of ground-disturbing activities, soil types,
cultural-related materials, and any other facts,
conditions, materials, or discoveries of
significance to the Tribe. Monitor logs shall
identify and describe any discovered tribal
cultural resources (TCRs), including, but not
limited to, Native American cultural and
historical artifacts, remains, places of
significance, etc., as well as any discovered
Native American (ancestral) human remains
and burial goods. Copies of monitor logs shall
be provided to the project Applicant/City of
Santa Ana upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon
the latter of the following (1) written
confirmation to the Tribe from a designated
point of contact for the project Applicant/City of
Santa Ana that all ground-disturbing activities
and phases that may involve grounddisturbing activities on the project site or in connection with the project are complete; or
(2) a determination and written notification by
the Tribe to the project Applicant/City of Santa
City Council 25 – 68 10/20/2026
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Ana that no future, planned construction
activity and/or development/construction
phase at the project site possesses the
potential to impact the Tribe’s TCRs.
TCR-2 Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial). Upon
discovery of any tribal cultural resources (TCRs), all
construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume until the
discovered TCR has been fully assessed by a Native
American Monitor and/or an archaeologist
acceptable by the Gabrieleño Band of Mission
Indians – Kizh Nation (Tribe). The Tribe shall recover
and retain all discovered TCRs in the form and/or
manner the Tribe deems appropriate, in the Tribe’s
sole discretion, and for any purpose the Tribe deems
appropriate, including for educational, cultural and/or historic purposes.
Project
Applicant/ Native
American
Monitor/
Construction
Contractor
During Ground‑
Disturbing
Activities (Upon
Discovery)
City of
Santa Ana
Planning and
Building
Agency
During
Ground‑
Disturbing
Activities
(Upon
Discovery)
TCR-3 Unanticipated Discovery of Human Remains and
Associated Funerary or Ceremonial Objects.
A. Native American human remains are defined
in the California Public Resources Code (PRC)
Section 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition
or skeletal completeness. Funerary objects,
refer to as “associated grave goods” in PRC
Section 5097.98, are also to be treated
according to this statute.
B. If Native American human remains and/or
grave goods are discovered or recognized on
the project site, then PRC 5097.9 as well as
Project
Applicant/
Construction
Contractor/
Native American
Monitor
During Ground‑
Disturbing
Activities (Upon
Discovery)
City of
Santa Ana
Planning and
Building
Agency
During
Ground‑
Disturbing
Activities
(Upon
Discovery)
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Health and Safety Code Section 7050.5 shall
be followed.
C. Human remains and grave/burial goods shall
be treated alike per PRC Sections
5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the
preferred manner of treatment for discovered
human remains and/or burial goods.
E. Any discovery of human remains/burial goods
shall be kept confidential to prevent further
disturbance.
City Council 25 – 70 10/20/2026
Resolution No. 2026-XX