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HomeMy WebLinkAboutNS-2412 - Amending Chapter 41 of Santa Ana Municipal Code ...273 ORDINANCE NO. NS-2412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO DEFINE CHECK CASHING FACILITIES AND ALLOW THEIR USE SUBJECT TO A CONDITIONAL USE PERMIT IN THE C1, C2, C3, ~rr> C4 zo~m,~G DISTraCTS (ZO^ 99-01) WHEREAS, it is recognized that there are some uses which, because of their very nature, are considered as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain cimumstances, by having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood by a concentration of these uses in any one area. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence fi.om which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration for Environmental Review No. 99-11 and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. SECTION 2: That the Santa Ana Municipal Code is hereby amended to add section 41- 42.7 which shall read as follows: Sec. 41-42.7. Check cashing facility. As used in this code, a check cashing facility is any business, company, corporation, establishment, organization, private enterprise, shop, or store whose primary or ancillary service is that ora check casher, as currently defined, and as may be amended fi.om time to time, by Title 1.6F, section 1789.31 (a) of the California Civil Code. SECTION 3: That Santa Ana Municipal Code Section 41-365.5 is hereby amended to read as follows: Ord. No. NS-2412 Page 1 of 4 274 Sec. 41-365.5. Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance ora conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by section 41-42.7 of this Code. SECTION 4: That the Santa Aha Municipal Code is hereby amended to add section 41- 374.5 which shall read as follows: Sec. 41-374.5. Additional standards for check cashing facilities in the C1 district. In addition to the provisions of this chapter, the following minimum standard applies to check cashing facilities: (1) Spacing: (a) It shall be unlawful to hereafter establish any check cashing facility, as defined by section 41-42.7 of this Code, within one thousand (1000) feet of another check cashing facility, measured from property line to property line. SECTION 5: That Santa Ana Municipal Code Section 41-412.5 is hereby amended to read as follows: Ord. No. NS-2412 Page 2 of 4 275 Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. SECTION 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any mason 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 7: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th day ofDecember, 1999. Ord. No. NS-2412 Page 3 of 4 276 ATTEST: Mi~r~;:~. Pulido~ -- Ma~6r COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy ~t a in Franklin Aye McGuigan Aye Moreno Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attomey CERTIFICATE OF ORIGINALITY State of California County of Orange -~,.,,..,.n No. I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached A~.5' - ~ ~//~ to be the original ~ the City Council of the City of Santa Ana on /~-/t~ / , , -, ; / / '/ /~/~k~o-f'~h-~Councfl f-- /~ t/City of Santa Ana ( / Ord. No. NS-2412 Page 4 of 4