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HomeMy WebLinkAboutItem 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 53 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 6, 2023 TOPIC: Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies) AGENDA TITLE Public Hearing: Zoning Ordinance Amendment (ZOA) No. 2023-01: Amendments 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 Approve first reading of an ordinance approving Zoning Ordinance Amendment No. 2023-01 to amend various sections of Chapter 41 (Zoning) of the SAMC. EXECUTIVE SUMMARY Following direction to address City Council points of discussion and requests to analyze increasing the separation requirements of noxious uses from sensitive receptors and creating additional regulations for massage establishments, staff has prepared Zoning Ordinance Amendment (ZOA) No. 2023-01, which proposes to amend sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). The proposed amendments would increase the CUP separation requirement of noxious uses from sensitive receptors from 500 linear feet to 1,000 linear feet, provide updates to the City’s massage ordinance to require a separation requirement from residentially zoned or used properties and regulations for legal nonconforming establishments, establish a CUP suspension process, and provide conforming, clarifying, and non-substantive edits to typographical errors and various internal inconsistencies. Planning Commission Action At its regular meeting on May 8, 2023, the Planning Commission voted 7:0 to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023-01. Following the Planning Commission’s recommendation of approval, staff have added additional, minor clarifying edits to the noxious uses section to assist with implementation of the ordinance; the edits do not alter the substance of the Planning Commission’s approval. Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). June 6, 2023 Page 2 3 4 4 1 DISCUSSION Background and Overview At the December 20, 2022, and January 17, 2023, regularly scheduled City Council meetings, Council discussed evaluating increasing CUP requirements for noxious uses when located near sensitive receptors from 500 linear feet to 1,000 linear feet and exploring additional standards to regulate massage establishments and their proximity to sensitive land uses, respectively. Subsequently, staff analyzed and intend to address said points of discussion in the proposed ZOA. In addition, further review of Chapter 41 has prompted the need to address various internal inconsistencies. These amendments include updating the article number utilized when referencing the off-street parking in various zoning districts, the terminology when referencing daycare centers, the sections referenced in the Change of a Nonconforming Use section, as well as updating notification requirements to be consistent with the requirements established by the Sunshine Ordinance in Section 2-153 of the SAMC. The proposed amendments are as follows: Table 1: ZOA No. 2023-01 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC requires approval of a conditional use permit for noxious uses that require a permit to discharge air contaminants or process or store regulated chemicals or substances when located within 500 feet of a sensitive land use (Sec. 41-199.4). Update Sec. 41-199.4 to require a conditional use permit for noxious uses when located within 1,000 feet of a sensitive land use. Massage Establishments – Separation and Buffers Massage establishments are permissible in various commercial zoning districts subject to approval of a CUP. Update Sec.41-1752 to require a 1,000- foot separation from between massage establishments and 500-feet separation from residentially zoned or used property. Massage Establishments – Discontinuance of Legal Nonconforming Establishments Article VI of Chapter 41 currently does not include standards for discontinuance of nonconforming massage establishments. Proposed amendments include: 1. Message establishments which have a valid COO and Massage Establishment Certificate pursuant Chapter 22 would be deemed a legal nonconforming. 2. Subsequent applications requiring a new COO for any reason other than change in business name with no change in owner of the business would be required to conform to the provisions of Chapter 41. 3. If a nonconforming massage establishment is in violation of any Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). June 6, 2023 Page 3 3 4 4 1 applicable federal, state, or local regulation for a period of 60 consecutive days, receives three noncompliant notices from a federal, state, or local regulatory agency in one-year period, or is in violation for a total of 90 days in a one-year period, the legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of Chapter 41. Change of a Nonconforming Use Sec. 41-685 does not reference section 41-683.6 or the proposed 41-483.7 which detail specific permissibility for noxious uses and massages establishments when changing a nonconforming use. Amend the section to reference recently amended section 41-683.6 and proposed section 41-683.7. Suspension of Conditional Use Permit, Variance, and Minor Exception Permits Article V of Chapter 41 details the requirements for granting a conditional use permit, variance, or minor exception and for revoking those permits. However, it does not address suspension of such permits. Add Sec. 41-650.5 to permit suspension of conditional use permit, variance, minor exception permits, and other land use entitlements for a period of up to 90 consecutive days when failing to comply with applicable regulations or conditions of approval. Off-street parking in the Community Commercial (C1) zoning district Sections 41-371, 41-206, 41-222, 41- 302, 41-318, 41-383, 41-417, 41-478, and 41-577, currently incorrectly references Article IV, when the corresponding article number should be XV. Update Sections 41-371, 41-206, 41- 222, 41-302, 41-318, 41-383, 41-417, 41-478, and 41-577, to reference to the correct off-street parking article. Daycare center Sec. 41-150.5 provides a definition for schools and references “child day care,” a term that was replaced by “daycare center.” Delete references to child day care in the definition for “schools” and replace with the new term “daycare center.” Notification Requirements Various sections of the zoning code contain notification requirements ranging from 300 to 500 feet, which are inconsistent with the notification standards in Section 2-153 of the SAMC (Sunshine Ordinance). Amend various sections (41-663 and 41- 672) to require notifications pursuant to the Sunshine Ordinance requirements in Section 2-153 of the SAMC. Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). June 6, 2023 Page 4 3 4 4 1 Noxious Uses Section 41-199.4 (Noxious uses) was adopted by Ordinance No. NS-3038 on February 7, 2023, in response to concerns related to environmental pollution and proximity of certain land uses to sensitive receptors. Currently, the section requires noxious uses that require a permit from a regional, state, or federal agency to emit or discharge regulated compounds, materials, or substances that are located within 500 linear feet of a public park, school (K-12) or property used or zoned for residential purposes to obtain a CUP. The California Air Resources Board’s (CARB’s) Air Quality and Land Use Handbook (Handbook) provides recommendations for the siting of uses such as these that are sources of air pollution. The Handbook states that noxious land uses similar to those regulated by Section 41-199.4 of the SAMC) may pose a health risk when located less than 1,000 feet of sensitive receptors. Therefore, consistent with the findings and recommendations in the Handbook, the proposed ordinance will increase the distance threshold to require a CUP for noxious uses from sensitive receptors from 500 linear feet to 1,000 linear feet, which would allow staff to review noxious uses and impose conditions of approval to mitigate potential impacts to surrounding properties, as well as provide community members in close proximity to these uses an opportunity to participate in the decision making process through the public hearing process. Massage Establishments Currently, massage establishments are permitted subject to approval of a CUP in various commercial zoning districts. Despite the existing requirements and development standards in place, massage establishments have proven to present opportunities for acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to require a minimum 1,000-foot separation between massage establishments, and a minimum 500-foot separation requirement from a residentially zoned or used property. Additionally, all massage establishments which have a valid Certificate of Occupancy (COO) and a Massage Establishment Certificate pursuant Chapter 22 (Massage Establishments) of the SAMC, would be deemed legal nonconforming. Subsequent applications for a COO for any reason other than a change in business name with no change in owner of the business would be subject to CUP and separation requirements described above. Additionally, a nonconforming massage establishment would lose its nonconforming status if it is in violation of any applicable federal, state, or local regulations for a period of 60 consecutive days; or, it receives three noncompliant notices from a federal, state, or local regulatory agency within a one-year period; or, is in violation for a total of 90 days within a one-year period. Entitlement Suspension Article V of Chapter 41 currently outlines the process and required findings through which CUP, variance, and minor exception applications may be granted. Moreover, Article V also details the process through which such permits may be revoked; however, the SAMC remains silent on the means of suspending the land use entitlements for sites that do not Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). June 6, 2023 Page 5 3 4 4 1 conform to the requirements of the SAMC or conditions of approval. Staff is proposing to establish a new section (Sec. 41-650.5) to establish a process to immediately suspend activity to allow the owner ninety (90) days to rectify any outstanding violations prior in lieu of having to immediately escalate to the City initiating a revocation process. The suspension process would provide an additional tool for the City to immediately address noncompliant sites and cease the operation of nuisance-generating uses while establishing criteria for suspension and a clear timeframe prior to initiating the revocation process. Conforming, Clarifying, and Non-Substantive Edits On February 7, 2023, the City Council adopted Ordinance No. 3038 establishing a definition for “Daycare center” and deleting “child day care.” However, the definition for “schools” (Sec. 41-150.5) continues to reference “child day care.” Therefore, staff is proposing clarifying edits to Section 41.150.5 to consistently reference the corresponding terminology. Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41-417, 41-478, and 41-577 of the SAMC references the Article IV in directing to the Off-Street Parking standards. However, the SAMC off-street parking standards are listed under Article XV. Therefore, staff is proposing amending Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41- 417, 41-478, and 41-577 to reference the correct article number. Section 41-685, which addresses changes of commercial nonconforming uses in the Light Industrial (M1) and Heavy Industrial (M2) zoning district that are nonconforming by reason of absence of conditional use permit may be changed to another commercial use except as detailed in Section 41-685.5. On February 7, 2023, the City Council adopted Ordinance No. 3038, establishing Section 41-683.6 which specific perimeters for through which a legal nonconforming status may be maintained or lost in relation to noxious uses. Similarly proposed Section 41-683.7, which outlines how a nonconforming status may be maintained or lost in relation to massage establishments. Therefore, staff is proposing amendment to Section 41-685 to also reference Section 41-683.6 and 41-683.7. Lastly, the proposed amendments would update the zoning code to reflect the notification requirements of the Sunshine Ordinance contained within Section 2-153 of the SAMC. This edit will eliminate internal inconsistencies within this section of the zoning code. ENVIRONMENTAL IMPACT 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 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 Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). June 6, 2023 Page 6 3 4 4 1 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 direct fiscal impact associated with the adoption of this ordinance. EXHIBIT(S) 1. Ordinance for ZOA No. 2023-01 Submitted By: Minh Thai, Executive Director of 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 five hundred (500) 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 five hundred (500) 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 Ordinance No. NS-XXX Page 4 of 10 Establishments) of this Code, prior to the effective date of this section, shall be deemed a nonconforming massage establishment. (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 Ordinance No. NS-XXX Page 5 of 10 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 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, and 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, or 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, or minor exception permit, or other land use entitlement was obtained by fraud or misrepresentation. (2) That the conditional use permit, variance, or minor exception permit, or other land use entitlement has been exercised by the person granted the conditional use permit, variance, or minor exception permit entitlement, or his representative, successors, or assigns, contrary to the terms or conditions of approval, or in Ordinance No. NS-XXX Page 6 of 10 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, or minor exception permit, or other land use entitlement is being or has been so exercised as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance. The person whose conditional use permit, variance, or 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.in the following manner: (a) By publishing at least once and not less than ten (10) days before the date of the hearing in a newspaper of general circulation. (b) The planning commission may further require posting, not less than five (5) days prior to said hearings, placards on such property and for a distance of not less than three hundred (300) feet in each direction from the exterior limits of such property. 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 and provide notice of the time and place of the hearing to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll, as owning real property within three hundred (300) feet of the property which is the subject of the application pursuant to Section 2-153 of this Code. The notice shall be Ordinance No. NS-XXX Page 7 of 10 given by direct mailing to the owners at least five (5) days prior to the date of the hearing. (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; (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 IV 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 IV 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. Ordinance No. NS-XXX Page 8 of 10 Off-street parking shall be provided in the manner prescribed in Article IV 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 IV XV of this chapter. However, of the off-street parking required by Article IV 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. Off-street parking shall be provided in the manner prescribed in Article IV 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 IV 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 IV 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 IV 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. Ordinance No. NS-XXX Page 9 of 10 Off-street parking and loading shall be provided in the manner and number prescribed by article IV XV of this chapter. However, of the off-street parking required by article IV 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 preschools and child day care daycare centers uses as defined in Section 41-42.5 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 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 Ordinance No. NS-XXX Page 10 of 10 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: _________________________ John M. Funk Chief Assistant City Attorney 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