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HomeMy WebLinkAboutNS-2415 - Prohibiting the Construction of Drive-Through Facilities in the Central Business-Artist Village303 ORDINANCE NO. NS-2415 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TEMPORARILY PROHIBITING THE CONSTRUCTION OF DRIVE-THROUGH FACILITIES IN THE CENTRAL BUSINESS-ARTIST VILLAGE (C3-A) ZONE The City Council of the City of Santa Ana finds, determines and declares as follows: 1. Provisions of Article III, Division 14.5, of Chapter 41 of Santa Ana Municipal Code ("Code") that regulate uses and conditionally permitted uses in the C3-A (Central Business -Artist Village) zoning district, specifically sections 41-402 and 41-403 of the Code, need review, study and possible revision in order to respond to recent concerns relating to the potential construction of new drive-through facilities in the Artist Village. Because the demand for vehicular serving amenities such as vehicular ckive-throughs were not anticipated when the C3-A zoning district was created, such provisions fail to fully take into account the potential impacts of the addition of drive-through facilities on the urban character of the Artist Village and fail to address the needs of the City and its residents today and in the future. 2. Given these concerns, the City Council has requested that a review be undertaken of the current provisions of Article III of Chapter 41 of the Code as it relates to drive-through facilities in the Artist Village. 3. The Council has expressed concerns that an increase in the number of drive- through facilities as currently permitted under the Code could negatively affect the creation of a successful pedestrian-oriented area. Drive-through facilities are by their nature oriented to vehicular traffic and are more appropriately situated on arterial streets. 4. The predominant development pattern of the Downtown and, specifically, of the Artist Village, is urban in character with full lot coverage, narrow streets, wide sidewalks and centralized, off-site public parking. The City Council desires to enhance this urban character through increased density and the attraction of businesses which encourage both daytime and evening activity. The attractiveness of the Artist Village to pedestrians will be compromised if additional facilities are constructed which relate more to passing vehicles than to the walking public. 5. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. 304 6. Without adoption of this ordinance, properties located in the C3-A zoning district could quickly establish drive-through window service facilities throughout the C3-A zone, despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revised Code sections to address concerns created by said drive-through window facilities. 7. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue appropriate revisions to the Code. 8. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would 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 as a result of the studies, in that new chive-through facilities in the C3-A zoning district may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans. Moreover, permitting such drive-throughs to be established during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. 9. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs 1-8, inclusive of this ordinance. 10. The City Council further finds that this is a matter of City-wide importance and is not directed towards nor targeted at any particular parcel of property or proposed use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Prohibition. No new drive-through window service shall be established or permitted in conjunction with any of the permitted uses or uses subject to a conditional use permit for any building or parcel located in the Central Business-Artist Village (C3-A) zoning district. 3O5 Section 2: Expiration. This ordinance shall be of no further force and effect 45 days from the date of its adoption, unless extended by further action of the City Council. Section 3: Publication. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 4: Emergency Measure. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth at paragraphs 1 through 10, inclusive of this ordinance. ADOPTED this 6th day of December 1999. ATTEST: ff~er;eo~ }hGeU~ounci, Mayor COLrNCILMEMBERS: Pulido ~ye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Nay APPROVED AS TO FORM: jty Attorney A,~ant~Ci~ Attbr~ 306 CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. A/-,~:~6~ to be the original ordinance adopted by the City Council of the City of Santa Ana on /a~/~. f~ ~ ; and that said ordinance was published in accordance with the Charter oi~the ~it~ of Santa Aha. Date: /x/,~'7~ ~~7''~- ~ ! / ! ' //// Clerk of ge dounf~ ~' City of Santo Aha~ '