HomeMy WebLinkAboutNS-3007 - Amending Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code to Require A Conditional Use Permit for Processing Facilities as Defined in Santa Ana Municipal Code Section 41-1250jmf 6-15-21
ORDINANCE NO. NS-3007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-472 AND 41-
472.5 OF THE SANTA ANA MUNICIPAL CODE TO
REQUIRE A CONDITIONAL USE PERMIT FOR
PROCESSING FACILITIES AS DEFINED IN SANTA ANA
MUNICIPAL CODE SECTION 41-1250
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On January 19, 1988, the City Council adopted Ordinance NS-1946, adding
Article XIV to Chapter 41 of the Santa Ana Municipal Code (SAMC) to regulate
recycling facilities.
B. Ordinance NS-1946 established definitions, zoning, regulations, and
operational standards for a variety of recycling -related uses, including recycling
facilities, collection facilities, and processing facilities.
C. On October 6, 1997, the City Council adopted Ordinance NS-2333, amending
various sections of the SAMC regarding recycling regulations to update and bring
the City's existing recycling facilities ordinance into conformance with State laws in
place at the time. Ordinance NS-2333 remains in full effect.
D. Pursuant to SAMC Section 41-1250 (d), a Processing Facility is a building or
enclosed space used for the collection and processing of recyclable materials.
Processing means the preparation of material for efficient shipment, or to an end -
user's specifications, by such means as baling, briquetting, compacting, flattening,
grinding, crushing, mechanical sorting, shredding, cleaning, and reman ufactu ring.
Such facilities are distinguished between Light Processing Facilities or Heavy
Processing Facilities, as defined in SAMC Sections 41-1250 (d) (1) and 41-1250 (d)
(2), respectively.
E. A Light Processing Facility is permitted as a use in the Light Industrial (M-1)
and Heavy Industrial (M-2) zoning districts pursuant to Sections 41-472 (y) (3) and
41-489 of the SAMC, respectively, without the need for a conditional use permit.
F. SAMC Section 41-1 (Purpose) articulates the purpose and intent of the City's
Zoning Code, that because of the necessity of segregating the location of
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residences, businesses, trades and industries; and regulating the use of buildings,
structures, and land; and regulating the location, height, bulk, and size of buildings
and structures, the size of yards and other open spaces; 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 City's zoning
regulations are considered necessary in order to: (a) encourage the most
appropriate use of land; (b) conserve and stabilize property value; (c) provide
adequate open spaces for light and air and to prevent and fight fires; (d) prevent the
undue concentration of population; (e) lessen congestion on streets and highways,
and (f) promote the health, safety and the general welfare of the people, all as part of
the General Plan of the City.
G. The absence of a Conditional Use Permit requirement for Light Processing
Facilities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose)
in that discretion by the Planning Commission and City Council cannot be exercised
to ensure that the location and operation of such facilities are compatible with the
scale, character, and nature of surrounding properties and neighborhoods as
specified in SAMC Sections 41-1 (a), (b), (e), and (f).
H. Heavy Processing Facilities are currently required to obtain approval of a
Conditional Use Permit and are only permitted in the City's Heavy Industrial (M-2)
zoning district, pursuant to SAMC Section 41-489.5.
I. Due to the City's age, development patterns, and past zoning practices, there
exist multiple areas of the City where Industrial (M-1 and M-2) zoning districts
directly abut residentially -zoned or used properties, now identified as Environmental
Justice Communities pursuant to California Senate Bill (SB) 1000. These
Communities include the Delhi, Logan, Cornerstone Village, Lacy, French Park,
Artesia Pilar, Casa Bonita, and other residential areas near Harbor Mixed -Use
Transit Corridor Specific Plan (SP-2), and also the Santa Anita and Mar -Les
neighborhoods that are not part of an established Neighborhood Association.
J. There currently exist 12 Light Processing Facilities in the City. Of these, six
are located in the Light Industrial (M-1) zoning district, five of which are operating
without a Conditional Use Permit. Out of the 12 light processing facilities, 11 are
within 1,000 feet of property zoned or used for residential purposes.
K. Due to the nature of their operations, Light Processing Facilities often operate
in outdoor settings, creating dust, noise, odor, and negative aesthetic impacts on
surrounding properties and neighborhoods that generate calls for code enforcement
and police services. Since 2010, the Code Enforcement Division has received and
reviewed 48 complaints for such facilities. The nature of these complaints includes
unpermitted storage and construction; sanitation, health, or safety concerns;
operating beyond approved operations or operating standards specified by the
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SAMC; outdoor business activity; debris, trash, and litter; graffiti; homeless
encampments; and unpermitted or excess signage.
L. The amendments proposed by this Ordinance are consistent with numerous
Goals and Policies of the existing General Plan. These include:
1. Land Use Element: Goals 1 (Promote a balance of land uses to address basic
community needs), 3 (Preserve and improve the character and integrity of
neighborhoods), and 5 (Ensure that the impacts of development are
mitigated);
2. Noise Element: Goal 1 (Prevent significant increases in noise levels in the
community and minimize the adverse effects of currently -existing noise
sources);
3. Public Safety Element: Goal 1 (Preserve a safe and secure environment for
all Santa Ana residents and workers); and
4. Urban Design Element: Goals 1 (Improve the physical appearance of the City
through development of districts that project a sense of place, positive
community image, and quality environment) and 2 (Improve the physical
appearance of districts through development that is proportional and
aesthetically related to its district setting).
M. The City is in the process of comprehensively updating its General Plan.
Proposed new or updated Elements of the General Plan include Community,
Economic Prosperity, Noise, Safety, Land Use, and Urban Design. These proposed
new or updated Elements contain draft policies that have been identified and
thoroughly reviewed by members of the Santa Ana community through surveys,
workshops, meetings, and public hearings. Consistent with SB 1000, the City is
considering changes to its goals, policies, and actions to take into consideration the
topic of environmental justice that will improve existing and future conditions for all of
Santa Ana, with a focus on those in Santa Ana in greatest need of help and
protection. These draft policies are intended to improve and maintain a high quality
of life for residents, businesses, and visitors of Santa Ana and address deleterious
land uses such as Processing Facilities, both Light and Heavy, in the City.
N. If Light Processing Facilities remain a use permitted in the Industrial (M-1 and
M-2) zoning districts without a conditional use permit, they will pose a serious threat
to the public interest, health, safety and welfare for the following reasons:
1. Such uses may continue to locate in the City's Industrial zoning (M-1 and M-
2) districts without appropriate and thorough review by the City's Planning
Commission and City Council. Such uses would remain subject to the City's
administrative review process for administrative development projects,
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pursuant to Article V, Division 3 of Chapter 41 of the SAMC. This
administrative review process ensures consistency with adopted development
standards and design guidelines, but (1) does not allow the City to evaluate
each submitted application for consistency with surrounding properties and
neighborhoods, as well as the General Plan, and to therefore recommend
approval or denial of such applications subject to a discretionary review
process, and (2) prevents the Planning Commission and City Council from
imposing conditions of approval to ensure compatible and harmonious
operations of such facilities with surrounding properties and neighborhoods.
2. Operations typical of Light Processing Facilities, which include preparation of
material for efficient shipment, or to an end -user's specifications, by such
means as baling, briquetting, compacting, flattening, grinding, crushing,
mechanical sorting, shredding, cleaning, and remanufactu ring, are known to
have detrimental effects on surrounding properties due to the noise, odor,
vibration, vermin infestation, visual, and traffic impacts caused by inbound
and outbound truck movements to and from such facilities. The absence of a
Conditional Use Permit requirement for such facilities severely circumscribes
the City's ability, through its administrative review process, to impose
conditions on such operations that would otherwise protect the health,
welfare, and safety of residents and visitors to properties abutting or in the
vicinity of Light Processing Facilities.
O. Prevention of detrimental impacts to residents, the public interest, health,
safety and welfare requires the enactment of this Ordinance. The absence of this
Ordinance will create a serious threat to the orderly and effective implementation of
any code amendments, General Plan amendments or specific plan amendments
which may be adopted by the City. Light Processing Facilities permitted by -right
may be in conflict with or frustrate other provisions of the SAMC intended to
guarantee or preserve the public peace, health, or safety. Moreover, permitting such
facilities without requiring a Conditional Use Permit would create impacts on the
public health, safety and welfare that the City Council, in adopting this ordinance,
has found to be unacceptable.
P. On May 4, 2021 the City Council unanimously adopted Urgency Ordinance
No. NS-3004 amending sections 41-472 and 41-472.5 to the identical effect
prescribed by this Ordinance, ZOA No. 2021-01. In accordance with California
Government Code section 65858, Urgency Ordinance No. NS-3004 is an interim
ordinance that remains effective for up to 45 days from the date of its adoption
(subject to extension) to allow the Planning Commission further opportunity to study
the matter.
Q. On May 25, 2021 the Planning Commission held a duly noticed public hearing
on ZOA No. 2021-01 and recommended by a vote of 6:0:1 (Calderon absent) that
the City Council approve ZOA No. 2021-01 and adopt the recommended ordinance.
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R. The Request for City Council Action for this ordinance dated June 15, 2021
and duly signed by the Executive Director of the Planning and Building Agency shall,
by this reference, be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony constitute the necessary findings
for this ordinance.
S. The City Council of the City of Santa Ana intends that nothing in this article
shall be deemed to conflict with State or Federal law, nor to otherwise permit any
activity that is prohibited under the California Beverage Container Recycling & Litter
Reduction Act or other applicable law.
Section 2. The City Council finds and determines that this ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
1506O(c)(2) and 15O60(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project',
as defined in Section 15378 of the CEQA Guidelines.
Section 3. Section 41-472 of Article III, Division 18 of Chapter 41 of the Santa
Ana Municipal Code is hereby amended to read in full as follows:
Sec. 41-472. - Uses permitted in the M1 district.
The following uses are permitted in the M1 district:
(a) The compounding, processing, or treatment of raw or previously treated
materials into a finished or semi -finished product, excluding those uses
specified in section 41-489.5.
(b) The manufacture of products from raw or previously treated materials,
excluding those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated materials, excluding
those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or materials,
excluding those uses specified in section 41-489.5.
(e) Wholesale establishments where the primary trade is business to business
sale of products, supplies, and equipment.
(f) Storage of previously prepared goods, products or materials for eventual
distribution or sales where the goods, products or materials are the property
of the owner or operator of the building or structure.
(g) Machine shop or other metal working shops.
(h) Warehousing.
(i) Impound yards (storage only) with no office or dispatching operations.
Q) Laundry and dry cleaning establishments in conjunction with plant operation
for such establishment on the premises.
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(k) Eating establishments not specified in section 41-472.5.
(1) Research laboratories that do not generate hazardous waste materials.
(m)Service stations with no more than two thousand (2,000) square feet of the
gross floor area devoted to non -automotive related product sales.
(n) Truck, boat and heavy equipment sales, rental, and service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales (twenty-five (25) cubic feet or greater) when such
products are the primary sales activity.
(q) Public utility structures.
(r) Blueprinting, photoengraving, screen printing and other reproduction
processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender repair, painting, and
engine replacement.
(v) Home improvement warehouse store.
(w)Sales of industrial products, supplies and equipment used for final product
manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely within an
enclosed building.
(y) Recycling facilities not in excess of forty-five thousand (45,000) gross square
feet and in compliance with section 41-1253 of this Code including:
(1) Small collection facilities.
(2) Large collection facilities.
(3) Light pi:49G E g faGilities.
(z) Adult entertainment businesses, subject to compliance with the requirements
of article XVII of this chapter.
(aa) Storage and distribution of hazardous materials.
(bb) Passenger transportation services.
Section 4. Section 41-472.5 of Article III, Division 18 of Chapter 41 of the
Santa Ana Municipal Code is hereby amended to read in full as follows:
Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district.
The following uses may be permitted in the M1 district subject to the issuance of
a conditional use permit:
(a) Principal industrial uses if occupying less than seventy (70) per cent of the
gross floor area with the remainder of the floor area allocated to office use
only.
(b) Storage of new or used buildings or houses.
(c) Child care facilities other than as permitted by section 41-472.1.
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(d) Trade schools which provide instruction which requires the operation of heavy
equipment or machinery normally associated with manufacturing operations
such as woodworking or machine shops.
(e) Kennels for the temporary care and lodging of dogs and other domesticated
household animals.
(f) Eating establishments permitted in section 41-472 which operate between
12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a
residential use.
(g) Eating establishments with drive -through window service.
(h) Petroleum and gas storage.
(i) Freight, bus and truck terminal.
Q) Industrial medical clinics which offer medical services by referral only and do
not offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use occupying
more than thirty (30) per cent of the gross floor area.
(1) Light processing facilities and Heavy processing FeGyGli g uses facilities.
(m)Car wash facility.
(n) Banquet facilities as an ancillary use to a restaurant or eating establishment,
subject to development and operational standards set forth in section 41-
199.1.
(o) Commercial storage not within five hundred (500) feet of an arterial street (as
defined in the city's circulation element) or freeway or within one thousand
(1,000) feet of a freeway intersection.
(p) Mini -warehouse uses; provided that no conditional use permit shall be
granted unless a written finding is made that the parcel on which the use is
proposed is not within five hundred (500) feet of an arterial street (as defined
in the city's circulation element) or freeway, or within one thousand (1,000)
feet of a freeway intersection.
(q) Recreational vehicle, vehicle and/or boat storage yard; provided that no
conditional use permit shall be granted unless a written finding is made that
the parcel on which the use is proposed is: not within five hundred (500) feet
of an arterial street (as defined in the city's circulation element) or freeway, or
within one thousand (1,000) feet of a freeway intersection.
(r) Data center uses; provided that no conditional use permit shall be granted
unless a written finding is made that the parcel on which the use is proposed
is: not within five hundred (500) feet of an arterial street (as defined in the
city's circulation element) or freeway, or within one thousand (1,000) feet of a
freeway intersection.
(s) Indoor sport facility, subject to development and operational standards set
forth in section 41-482.
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
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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 6. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this 6ch day of July, 2021.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: 4L.
J n M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers: Bacerra Hernandez Lopez Mendoza, Phan,
Penaloza Sarmiento (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-3007 to be the original ordinance adopted by the City Council of the
City of Santa Ana on July 6, 2021, and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date: I ' /- I%a i
Daisy Oornez
Clerk of the Co ncil
City of Santa Ana
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