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ORDINANCE NO. NS-3035 <br />AN URGENCY ORDINANCE OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA AMENDING VARIOUS <br />PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA <br />ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, <br />MEDICAL OFFICES OPERATED BY GOVERNMENT, <br />GOVERNMENT -SUBSIDIZED, NOT -FOR -PROFIT, OR <br />PHILANTHROPIC ENTITIES, AND DEFINITIONS FOR <br />OTHER OFFICE USES <br />WHEREAS, pursuant to SB 1000, the City was required to address Environmental <br />Justice in the General Plan Update due to a number of disadvantaged communities <br />located within the City; and <br />WHEREAS, the City Council adopted the General Plan Update on April 19, 2022, <br />which included numerous goals, policies, and implementation actions associated with <br />addressing environmental justice; and <br />WHEREAS, developing, adopting, implementing, and enforcement of <br />environmental laws, regulations, and policies can help address longstanding <br />environmental impacts on communities; and <br />WHEREAS, Land Use Element action 3.2 states that the City will undertake <br />updating the zoning code's development and operational standards to address <br />incompatibility of industrial uses in close proximity to sensitive receptors; and <br />WHEREAS, the absence of clear and consistent use of terms and definitions for <br />professional, business, and administrative office, medical office, and counseling service <br />is inconsistent with the goals expressed by Santa Ana Municipal Code (SAMC) Section <br />41-1 (Purpose) in that the City cannot effectively carry out regulations and provide for <br />their enforcement without clear and enforceable terms and definitions; and <br />WHEREAS, the absence of a conditional use permit requirement for medical <br />offices operated by government, government -subsidized, not -for -profit, or philanthropic <br />entities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that <br />discretion by the Planning Commission and City Council cannot be exercised to ensure <br />that the location and operation of such facilities are compatible with the scale, character, <br />and nature of surrounding properties and neighborhoods as specified in SAMC sections <br />41-1 (a), (b), (e), and (f); and <br />WHEREAS, AB 358 was adopted August of 2021, authorizing property owners that <br />meet specified requirements to install and operate electrified fences on their property to <br />protect and secure commercial or industrial property, but the absence of locally -adopted <br />standards in the Zoning Code allowing and regulating electrified fences on private <br />property poses a threat to the health, safety, and welfare of property owners and passers- <br />by in Santa Ana, leading to potentially dangerous configurations of electrified fences that <br />Ordinance No. NS-3035 <br />Page 1 of 13 <br />