HomeMy WebLinkAboutItem 30 - Zoning Ordinance Amendment – 2nd Reading Planning and Building Agency
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Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Zoning Ordinance Amendment – 2nd Reading
AGENDA TITLE
Zoning Ordinance Amendment No. 2023-01: Amendment to Various Sections of
Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the
Conditional Use Permit (CUP) Separation Requirement of Noxious Uses from Sensitive
Receptors, Update Massage Establishment Regulations, Establish a CUP Suspension
Process, and Other Edits to Address Internal Inconsistencies
RECOMMENDED ACTION
Conduct a second reading and adopt Zoning Ordinance Amendment No. 2023-01
amending various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC)
related to increasing the Conditional Use Permit (CUP) separation requirement of
noxious uses from sensitive receptors, updating massage establishment regulations,
establishing a CUP suspension process, and other edits to address internal
inconsistencies.
DISCUSSION
At its June 6, 2023, regular meeting, the City Council approved the first reading of an
ordinance approving Zoning Ordinance Amendment No. 2023-01 (ZOA-2023-01) as
presented by staff, by a vote of 6-0 (Hernandez absent).
In summary, the zoning ordinance amendments include increasing the Conditional Use
Permit (CUP) separation requirement of noxious uses from sensitive receptors from 500
feet to 1,000 feet, updating the massage ordinance to require a separation requirement
from residentially zoned or used properties and regulations for legal nonconforming
establishments, establishing a CUP suspension process, and provide conforming,
clarifying, and non-substantive edits to typographical errors and various internal
inconsistencies.
ENVIRONMENTAL IMPACT
The City Council finds and determines that this ordinance is not subject to the California
Environmental Quality Act (CEQA). Pursuant to the California Environmental Quality Act
(“CEQA”) and the CEQA Guidelines, the adoption of this ordinance is exempt from
CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA
Zoning Ordinance Amendment (ZOA) No. 2023-01
June 20, 2023
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5
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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. As a result, a Notice of Exemption, Environmental Review (ER) No.
2023-38 for ZOA No. 2023-01, will be filed upon adoption of these ordinances.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBITS
1. Zoning Ordinance for ZOA No. 2023-01
Submitted By: Minh Thai, Executive Director, Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Ordinance No. NS-XXX
Page 1 of 10
ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2023-01 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING VARIOUS SECTIONS OF
CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL
CODE RELATING TO NOXIOUS USES, MASSAGE
ESTABLISHMENTS, AND RELATED CONFORMING
CLARIFYING EDITS; ADDING A SECTION RELATED TO
SUSPENSION OF CONDITIONAL USE PERMITS,
VARIANCES, AND MINOR EXCEPTIONS; AND MAKING
OTHER NON-SUBSTANTIAL EDITS TO ADDRESS
EXISTING INTERNAL INCONSISTENCIES
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. At the regularly scheduled City Council meetings held on December 20,
2022, and January 17, 2023, respectively, the City Council discussed and
requested staff analyze increasing the separation requirements of noxious
uses from sensitive receptors and creating additional regulations for
massage establishments.
B. The Planning and Building Agency routinely reviews its ordinances to
incorporate best practices, reflect changes to State law, and address
community needs.
C. Following analysis of the City Council points of discussion, staff has
prepared Zoning Ordinance Amendment (ZOA) No. 2023-01 to amend
various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code
(SAMC) to address increasing the separation requirements of noxious
uses from sensitive receptors and creating additional regulation for
massage establishments.
D. Amendments to Chapter 41 are necessary to ensure uniform and legally
consistent regulations as well as additions to enable the City to implement
a regulatory framework that protect the health, safety, and welfare of the
City.
E. Zoning Ordinance Amendment No. 2023-01 amends and adds various
sections to Chapter 41, including Section 41-199.4 (Noxious uses),
Section 41-1752 (Permitted zones and locations), Section 41-683.7
(Discontinuance of nonconforming massage establishments), Section 41-
685 (Change of a nonconforming use), Section 41-650.5 (Suspension of
conditional use permits, variances, minor exception permits), Section 41-
Ordinance No. NS-XXX
Page 2 of 10
651 (Revocation procedure for conditional use permits, variances, and
minor exception permits), Section 41-663 (Notices), Section 41-672
(Hearing), Section 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41-
417, 41-478, and 41-577 (Off-street parking), and Section 41-150.5
(Schools).
F. The proposed amendments to the Santa Ana Municipal Code (SAMC)
support the objectives and policies of the City’s General Plan.
G. On May 8, 2023, the Planning Commission held a duly-noticed public
hearing to consider this Ordinance, where all interested persons were
given an opportunity to be heard, and recommended approval of the
ordinance to the City Council. Following Planning Commission
recommendation of approval, the Planning Division added additional non-
substantive, clarifying edits to Section 41-199.4(a) to address
implementation of the Ordinance.
H. On June 6, 2023, the City Council held a duly-noticed public hearing to
consider this Ordinance, where all interested persons were given an
opportunity to be heard.
Section 2. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 3. Section 41.199.4 (Noxious Uses) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-199.4. - Noxious uses.
(a) Any use other than eating establishments listed in Section 41-472 or 41-
472.5 of this chapter, regardless of the zoning district it is established or
proposed to be established in, that requires a permit from a regional, state, or
federal agency to handle, store, emit or discharge particulate materials;
exhaust emissions; or handle, store, emit or discharge regulated compounds,
hazardous materials, chemicals, or substances 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 requires approval of a conditional use permit.
(b) The one thousand (1,000) linear foot distance shall be measured from the
outermost boundary of the subject property to the closest point of any public
park, school, or property used or zoned for residential purposes.
(c) The property owner or business operator of a business regulated by
subsection (a) shall be responsible for notifying the City of any requirement to
obtain a permit from a regional, state, or federal agency. Notification to the
City must be made prior to obtaining any permit from a regional, state, or
federal agency for the business activities listed in subsection (a).
Ordinance No. NS-XXX
Page 3 of 10
(d) A business regulated by this section shall be in compliance with all provisions
established by this Code and all applicable federal, state, or local regulations
and conditions established by regulating and permitting agencies.
Section 4. Section 41-1752 (Permitted zones and locations) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-1752. - Permitted zones and locations.
(a) A chair massage service may be located in commercial zoning districts where
retail and service uses are permitted.
(b) An ancillary massage establishment may only be located in zoning districts
that permit health clubs, athletic clubs, gyms, hotels, or where medical
services are permitted.
(c) Massage establishments may be located within the following zoning districts
subject to the issuance of a conditional use permit:
(1) Massage establishments may be permitted on parcels in the C1, C1-MD,
C2, C4, C5, or C-SM zoning districts.
(2) Massage establishments may be permitted on a parcel within any
Specific Plan or Specific Development zoning district in which massage
establishments are defined and permitted.
(3) Massage establishments are not permitted in any other zoning district.
(4) No massage establishment shall be located within one thousand (1,000)
feet of another massage establishment. The one thousand (1,000) foot
separation requirement shall be measured from the primary entrance of
the massage establishment to the primary entrance of the nearest
massage establishment.
(5) No massage establishment shall be located on a parcel located within
five hundred (500) feet of a property zoned or used for residential
purposes. The five hundred (500) foot separation requirement shall be
measured from the primary entrance of the massage establishment to the
outermost boundary of the nearest residential parcel.
Section 5. Section 41-683.7 (Discontinuance of a nonconforming massage
establishments) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-683.7. - Discontinuance of nonconforming massage establishments.
(a) All massage establishments that have a valid certificate of occupancy and a
massage establishment permit pursuant to Chapter 22 (Massage
Establishments) of this Code, prior to the effective date of this section, shall be
deemed a nonconforming massage establishment.
Ordinance No. NS-XXX
Page 4 of 10
(b) If a nonconforming massage establishment requires a new certificate of
occupancy for any reason other than a change in business name with no change
in ownership of the business, the nonconforming status shall be lost and any
subsequent use must conform in every respect to the provisions of this chapter.
(c) If a nonconforming massage establishment is in violation of any applicable
federal, state, or local regulation for a period of sixty (60) consecutive days,
receives three (3) noncompliant notices from a federal, state, or local regulatory
agency in a one (1) year period, or is in violation of any applicable federal, state,
or local regulation for a total of ninety (90) days in a one (1) year period, the
nonconforming status shall be lost and any subsequent use of the building shall
conform in every respect to the provisions of this chapter.
Section 6. Section 41-685 (Change of a nonconforming use) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-685. – Change of a nonconforming use.
(a) The conversion of a residence in any commercial or industrial district to a use
permitted in that district shall conform in every respect to all requirements and
conditions set forth for such new use by this chapter.
(b) Except as specified in section 41-685.5, 41-683.6, and 41-683.7, a commercial
use in the M1 or M2 district which is a nonconforming use by reason of the
absence of a conditional use permit may be changed to another commercial use
without the necessity of obtaining a conditional use permit.
Section 7. Section 41-650.5 (Suspension of conditional use permits,
variances, minor exception permits, and other land use entitlements) of Chapter 41 of
the SAMC is hereby added in its entirety to read as follows:
Sec. 41-650.5. - Suspension of conditional use permits, variances, minor
exception permits, and other land use entitlements.
(1) The Executive Director of the Planning and Building Agency after notice by mail
to the legal owner of the property and to the tenant of said property may
immediately suspend a conditional use permit, variance, minor exception, or
other land use entitlement on any one (1) or more of the following grounds:
(a) Failure to comply with conditions of approval, if granted subject to
conditions.
(b) Evidence available at the time of review that was not available when the
permit was granted that could not have been obtained with reasonable
diligence prior to the hearing, resulting in the findings made pursuant to
Section 41-638(a)(1) no longer being valid.
(c) Violations of this Code or conditions of approval observed by a City official
that are not corrected and abated to the satisfaction of the Executive
Ordinance No. NS-XXX
Page 5 of 10
Director of the Planning and Building Agency within (10) days of written
notice by mail to the recorded owner of the property and to the tenant of
said property if any.
(d) The holder of the conditional use permit, variance, minor exception, or
other land use entitlement is exercising the entitlement in a manner that is
inconsistent with the original approval and its scope.
(2) The suspension of a conditional use permit, variance, minor exception permit, or
other land use entitlement shall only be lifted until such time that observed
violations of this Code or conditions of approval have been abated and corrected
to the satisfaction of the Executive Director of the Planning and Building Agency.
(3) The person whose conditional use permit, variance, minor exception, or other
land use entitlement has been suspended by the Executive Director of the
Planning and Building Agency may appeal the decision in writing to the Planning
Commission within ten (10) days after such decision. The Planning Commission,
after public hearing may affirm, change, or modify the original decision by the
Executive Director.
(4) If the legal owner or person granted the permit fails to abate and correct the
observed violations within ninety (90) days of suspension of the permit, the City
may elect to commence revocation procedures outlined in Section 41-651 of this
chapter.
Section 8. Section 41-651 (Revocation procedure for conditional use permits,
variances, and minor exception permits) of Chapter 41 of the SAMC is hereby amended
to read as follows:
Sec. 41-651. - Revocation procedure for conditional use permits, variances,
minor exception permits, and other land use entitlements.
The planning commission may, after twenty (20) days notice by mail to the record owner
of the property and to the tenant of said property, if any, and after a public hearing,
revoke a conditional use permit, a variance, a minor exception permit, and other land
use entitlements on any one (1) or more of the following grounds:
(1) That the conditional use permit, variance, minor exception permit, or other land
use entitlement was obtained by fraud or misrepresentation.
(2) That the conditional use permit, variance, minor exception permit, or other land
use entitlement has been exercised by the person granted the entitlement, or his
representative, successors, or assigns, contrary to the terms or conditions of
approval, or in violation of any statute, ordinance, law or regulation not excused
by the conditional use permit, variance, or minor exception permit.
(3) That the use permitted by the conditional use permit, variance, minor exception
permit, or other land use entitlement is being or has been so exercised as to be
Ordinance No. NS-XXX
Page 6 of 10
detrimental to the public health, welfare, or safety or so as to constitute a
nuisance.
The person whose conditional use permit, variance, minor exception permit, or other
land use entitlement has been revoked by the planning commission may appeal the
decision of the planning commission in writing to the city council within ten (10) days
after such decision by the planning commission. The city council, after public hearing,
may affirm, reverse, change or modify the original decision of the planning commission.
In the event a conditional use permit, variance, minor exception permit, or other land
use entitlement has been revoked and said revocation is in effect, an application for
another conditional use permit, variance, minor exception permit, or other land use
entitlement of the same or substantially similar use or scope may not be filed for at least
twelve (12) consecutive months from the date of revocation.
Section 9. Section 41-663 (Notices) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-663. - Notices.
Following the receipt in proper form of any such application, the director of planning
shall fix a time and place of public hearing thereon. The date of such public hearing and
location of the property and nature of the request shall be given in a manner consistent
with Section 2-153 of this Code.
Section 10. Section 41-672 (Hearing) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-672. - Hearing.
(a) Except as provided in subsection (c) of this section, whenever approval of plans
for a development project will constitute a substantial or significant deprivation of
property rights of other landowners, the director of planning and development
services shall set the matter for public hearing pursuant to Section 2-153 of this
Code.
(b) Whenever a public hearing is required pursuant to subsection (a) of this section,
the applicant may be required to provide the director of planning and
development services with a list of the names and addresses of the property
owners entitled to notice under said subsection (a).
(c) If the development project requires a discretionary approval in order to proceed,
and if the application for such discretionary approval requires a public hearing by
the planning commission or the city council, then no hearing need be held on the
development plan separate and apart from the hearing on the application for the
discretionary approval; provided, however, in such event:
(1) The notice of hearing on the application for the discretionary approval
shall meet the requirements of subsection (a) of this section;
Ordinance No. NS-XXX
Page 7 of 10
(2) Any approval of the development project plans by the director of planning
and development services shall be subject to the condition that such plans
be subsequently approved by the planning commission or city council
following the hearing;
(3) The hearing shall extend to and include all issues relevant to development
project plan approval under this division; and
(4) The planning commission or city council shall approve, conditionally
approve, or disapprove the plans for the development project following the
hearing.
Section 11. Section 41-371 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-371. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 12. Section 41-206 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-206. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 13. Section 41-222 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-222. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 14. Section 41-302 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-302. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter. However, of the off-street parking required by Article XV, at least one parking
space per unit shall be within a garage or carport. All additional parking stalls may be
uncovered.
Section 15. Section 41-318 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-318. - Off-street parking.
Ordinance No. NS-XXX
Page 8 of 10
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 16. Section 41-383 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-383. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 17. Section 41-417 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-417. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 18. Section 41-478 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-478. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 19. Section 41-577 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-577. - Off-street parking.
Off-street parking and loading shall be provided in the manner and number prescribed
by article XV of this chapter. However, of the off-street parking required by article XV,
not less than one (1) parking space per dwelling unit shall be a covered parking stall;
that is, said stall shall be in a carport or garage.
Section 20. Section 41-150.5 (Schools) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-150.5. - Schools.
A school means any public, charter, or private educational facility for elementary,
middle, junior high, and high school, serving kindergarten through twelfth grade
students, including denominational and sectarian, boarding schools, and military
academies, but does not include daycare centers as defined in Section 41.47.5.
Section 21. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
Ordinance No. NS-XXX
Page 9 of 10
15060(c)(2) and 15060(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 22. 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 23. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 24. 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 _______ day of ___________, 2023.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
Ordinance No. NS-XXX
Page 10 of 10
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, City Clerk, do hereby attest to and certify that the
attached Ordinance No. NS-_______ to be the original ordinance adopted by the
City Council of the City of Santa Ana on ___________________, 2023 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