Transit Zoning Code SD-84 (TZC SD-84) Frequently Asked Questions

• What is a nonconforming use? A nonconforming use is a land use that was legal when established but does not meet current zoning regulations. These uses are often called “grandfathered” uses and are typically allowed to continue, but cannot expand or intensify. The Santa Ana Municipal Code (SAMC) defines “nonconforming uses” generally as uses initiated before July 20, 1960, or those that were compliant with applicable provisions when established but later became nonconforming due to code changes or public agency property acquisition.
• What industrial businesses are now considered nonconforming industrial uses in the newly adopted TZC standards? The TZC defines a nonconforming industrial use as a use established on any parcel or within any building located within the boundaries of the TZC but that are no longer a permitted use. All industrial businesses in the TZC are now considered nonconforming industrial uses.
• What is a noxious use? Under the TZC Update, a noxious use is defined as a nonconforming industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes whose primary business operations involve any two or more of the following: 1) Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; 2) Operations that are regulated by and require a permit from a federal, state, or regional agency; 3) Storing, processing, or disposing of listed or hazardous waste; or 4) Operations that are not contained within a fully enclosed building. If an existing industrial business does not meet the criteria included in the definition of a noxious use, then it is considered a nonconforming industrial use. However, if the nonconforming industrial use meets the criteria of noxious use, then the business is also considered a noxious use.
• Can current businesses continue to operate if they are identified as Non-conforming? Yes, nonconforming industrial use businesses may continue to operate, provided they comply with all updated operational standards in the TZC, including specific operational standards applicable to nonconforming industrial uses. However, nonconforming industrial uses may not expand or intensify, and noxious uses may become subject to an amortization process.
• How does the City determine when a business has transferred to new ownership? All businesses operating in commercial locations must obtain a Certificate of Occupancy (COO) from the Planning and Building Agency before receiving a business license. A new COO is required whenever a business changes its use, changes ownership, changes location, expands, or changes its name. Businesses that do not apply and obtain a COO may face code enforcement action.
• Can Code Enforcement issue businesses a violation for operating outside the permitted citywide hours? Under the TZC Update, any business activity that generates noise or vibration shall be conducted between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 10:00 a.m. Saturday and Sunday, any business activity operating outside the established hours is subject to enforcement.
• How are violations tracked, and what code enforcement reports exist? When complaints are reported to the City’s code enforcement team, a code enforcement officer will investigate and determine whether the complaint is in violation of the City’s code(s). City staff also may receive and maintain incoming notices of compliance and notices of violation issued to a business/operator from federal, state, or regional regulatory agencies. The City maintains a database containing property information, which can generate code enforcement activity reports. The public may be able to view general property information, including limited information on inspection or permitted activities, at https://www.santa-ana.org/property-information/ 
• What is amortization? Amortization is a tool that provides a reasonable transition period for owners to phase out a nonconforming industrial business with a noxious use. This “grace period” allows owners to recoup their investments before the use must cease, and serves as a lawful equivalent to “just compensation.” The City may consider amortizing certain nonconforming industrial business that meet the definition of a noxious use or structure based on factors referenced in Section 41-2002 (Nonconforming Buildings, Structures, and Uses) of the TZC Update regarding the Elimination of Noxious Uses. If the City elects to amortize a business, a reasonable amortization period would be determined by an independent Hearing Officer based on an individualized assessment.
• What specific criteria or conditions trigger the requirement for a noxious use business to undergo the amortization process? Under the TZC, the Executive Director of the Planning and Building Agency (or designee), may initiate the process to amortize a noxious use or structure. The amortization period itself is then determined through a formal hearing conducted by an independent Hearing Officer, who considers presented evidence based upon categories such as: 1) Economic and Investment – original cost, depreciated value, remaining useful life, tax amortization, salvage value, and costs of moving/reestablishing; 2) Land Use and Adaptability – the property’s adaptability to a currently permitted use and its compatibility with neighborhood patterns; and 3) Public Nuisance – the threat to public health and welfare, excessive service calls, and the business’s history of compliance/unremedied violations.
• The newly adopted TZC Update references the use of a Hearing Officer for determining amortization periods in cases where the City elects to pursue elimination of a business/use through that mechanism. Who serves as hearing officer and what educational/professional background do they have? Hearing Officers typically possess a background in law, urban planning, public administration, or a related field, and are already on retainer by the City of Santa Ana to adjudicate certain code enforcement appeals and other matters. Cities often utilize hearing officers to provide a neutral and impartial forum for dispute resolution, thereby increasing procedural fairness and public trust. Additionally, hearing officers often bring specialized expertise in navigating complex regulatory frameworks, which can streamline the hearing process and lead to more informed decision-making. The TZC Update requires that any Hearing Officer retained for the purposes of administering the amortization provisions must possess land use and legal background.
• Based on the newly adopted TZC Update, what new standards are being used to mitigate air contaminants expelled from industrial businesses? The TZC Update requires all operations to be conducted within enclosed buildings, with measures to prevent dust, smoke, and other air contaminants. While businesses must comply with South Coast Air Quality Management District (SCAQMD) permit requirements, it is important to note that regulatory agencies rely on self-reported emissions data rather than independent measurements. The City’s standards require enclosed operations, proper handling of materials, and controlled loading activities. For specific operational standards for nonconforming industrial uses, please refer to Section 41-2008 of the TZC Update.
• What role do external agencies play in regulating businesses in the TZC area? Several agencies regulate air and water quality to protect public health and the environment. The Environmental Protection Agency (EPA) sets national air quality standards under the Clean Air Act (CAA), while California Air Resources Board (CARB) enforces statewide pollution and emissions regulations. South Coast Air Quality Management District (SCAQMD) oversees regional air quality compliance in Southern California through permitting, monitoring, and enforcement programs. Additionally, the California State Water Resources Control Board (CSWRCB) and its regional boards regulate industrial wastewater discharge and water pollution under the Clean Water Act (CWA) and Porter-Cologne Water Quality Control Act to safeguard water resources.
• Are external regulatory agencies issuing and enforcing permits for air quality and other regulations? Yes, businesses must obtain emissions permits under the Clean Air Act (CAA) and CARB regulations, with periodic reporting required to maintain compliance. However, the City’s experience with these outside agencies shows that enforcement is often limited, as violations must be witnessed in real time by an inspector, who may take up to three hours to respond, with restricted weekend availability. Additionally, video evidence of violations is not accepted under current policies, making enforcement more challenging.
• Can the City address environmental concerns in the area without displacing or forcing businesses to relocate/close? Yes, the TZC Update aims to address the environmental concerns and quality-of-life issues experienced by residents in the area through adoption of operating and development standards that would be applicable to industrial businesses, and by establishing a framework for amortization that the City may use for businesses that meet certain factors. Nonconforming industrial uses that comply with all applicable standards, would be permitted to remain in their current location and would not be forced to relocate or close.
• How does the TZC Update affect financial factors such as jobs, tax revenue, economic growth? The TZC Update does not require any immediate closure of businesses within the affected area. Should individual business owners and property owners elect to modify business operations, cease operations, or redevelop properties with new uses, then financial factors would be evaluated on a case by case basis. Therefore, estimating any financial impacts of the TZC Update would be speculative.
• What steps have been taken to ensure effective stakeholder, community outreach, and external regulatory agency involvement? The City has implemented a community engagement strategy that includes multiple formats and opportunities for participation. Since April 16, 2024, engagement efforts have included a community information meeting at the Santa Ana Train Station; regular in-person meetings at City Hall with business stakeholders and residents, together, with opportunities for discussion; field visits to affected neighborhoods have allowed for direct observation and community input in context; and tours of industrial businesses. For example, the Planning Commissions’ Study Sessions, and subsequent public hearings provided opportunities for community outreach and feedback. Continual outreach with residents and businesses are at the forefront of the post- adoption implementation effort through the City’s upcoming quarterly community meetings. These efforts enhance transparency and progress through conversations and meetings with external regulatory agencies who oversee the permitting of industrial business operations, such as South Coast AQMD, DTSC, County of Orange Healthcare Agency, as well as neighborhood-specific sessions with Lacy and Logan residents, one-on-one consultations, direct email communications, phone calls, and coordination through the Environmental Justice Action Committee. The City maintains a dedicated project webpage (www.santa-ana.org/transit-zoning-code-update/) that provides regular updates, meeting materials, and upcoming engagement opportunities, as well as contact information for project staff.
• What is the City doing to ensure oversight of the TZC Update? To ensure effective oversight, the City continues to foster collaborative interdepartmental and interagency coordination with regulatory agencies such as, Orange County Fire Authority (OCFA) regarding safety compliance and emergency response planning, and the South Coast Air Quality Management District (SCAQMD) for technical guidance on air quality monitoring and compliance. Internal coordination continues between City departments including the Planning Division, Code Enforcement Division, Santa Ana Police Department, and the Public Works Agency to ensure comprehensive implementation oversight. Further, the City’s Neighborhood Initiatives and Environmental Services team also coordinates with federal and state agencies including CalEPA’s Environmental Justice Team and the Centers for Disease Control (CDC) to identify additional resources and support to affected communities. The Environmental Justice Action Committee, comprising residents, community organizations, and agency representatives, helps guide implementation priorities.
• What type of environmental document pursuant to the California Environmental Quality Act (CEQA) was prepared for this project? The City, as the Lead Agency, has determined that the TZC Update – zoning regulations and map amendment – are subject to CEQA guidelines and regulations (Public Resources Code (PRC) Sections 21000-21177). An Addendum to the Transit Zoning Code Environmental Impact Report (EIR) (State Clearing House (SCH) No. 2006071100) was prepared by the City to evaluate the impacts of the ordinance amendments.

The TZC Update does not trigger the loss of nonconforming status for a sale, lease or transfer of a property containing a nonconforming building, structure or use. However, the nonconforming status of a business that meets the definition of a noxious use, as defined in the TZC, would lose its nonconforming status if it requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business. If a nonconforming industrial use that meets the definition of a noxious use is determined to be in violation of any applicable regulation (federal, state, local), legal nonconforming status shall be lost if the violation lasts a period of thirty (30) consecutive days; or the violation(s) are observed and documented for a total period of sixty (60) days in a one-year period; or three noncompliant notices from a federal, state, or local regulatory agency relating to or arising from the nonconforming use are sent in a one-year period.

The TZC Update does not impact residential, commercial, or mixed-use development in the TZC plan area. Commercial businesses that are compatible with mixed-use and transit-oriented development and meet operational standards will continue to be permitted uses. The TZC Update addresses incompatible land uses between industrial uses and residential and commercial areas by prohibiting the establishment of new industrial uses and limiting expansion of current industrial uses.

The TZC Update prohibits new industrial businesses and the expansion or intensification of existing industrial businesses within the TZC (SD-84) area. Existing industrial businesses may still obtain permits for routine maintenance or similar work, so long that it does not create a newly, expanded, or intensified use.

No. The TZC Update only applies to the area zoned as the TZC (Specific Development No.84/SD-84). The City is also underway with a comprehensive Zoning Code Update, which is a separate and ongoing effort to update and modernize the City’s Zoning Code to reflect the goals, values, and land use plan in the General Plan Update from 2022.

The update was initiated by the City Council’s adoption of the TZC industrial moratorium on April 16, 2024, and its extension on May 21, 2024. This immediate action was taken to protect public health, safety, and welfare from industrial uses causing significant pollution burden to adjacent residential neighborhoods within the TZC district. Concurrently, the City Council directed staff to develop permanent regulations to specifically address long-standing land use conflicts in the Logan and Lacy neighborhoods, where industrial activity has persisted, expanded, or intensified despite the area’s 2010 transit-oriented zoning designation. Data from CalEnviroScreen 4.0 confirm that these neighborhoods are among California’s most pollution- burdened communities- they rank at the 90th percentile or above statewide, a comparison based on all census tracts in California- and face documented exposure to multiple environmental hazards. The City Council adopted the TZC Update on June 17, 2025, as the permanent regulations. The TZC Updates removed the industrial zoning overlay and removed industrial uses from the permitted uses list. This key change rendered all current industrial businesses nonconforming. As a result, nonconforming businesses are prohibited from expanding or intensifying their operations (which would increase potential impacts), and no new industrial businesses are allowed to open.