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HomeMy WebLinkAboutNS-2473 - Amending Sections of Santa Ana Municipal Code Relating to Establishment of Clubs, Fraternal Orders, and Lodges as Conditionally Permitted Uses in the City's Professional ...ORDINANCE NO. NS -2473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-33 AND 41-313.5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF CLUBS, FRATERNAL ORDERS AND LODGES AS CONDITIONALLY PERMITTED USES IN THE CITY'S PROFESSIONAL (P) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: At its regular meeting of January 16, 2001, this city council directed staff to prepare an zoning ordinance amendment to amend the city's Professional (P) zoning district to allow bona fide clubs, fraternal orders and lodges to be permitted as a conditionally permitted use. The city council also desires to amend the current definition of the phrase "club, fraternity and lodge in the city's municipal code" so as to ensure that only bona fide institutions can seek a conditional use permit. Since many of these uses also seek licenses from the State Department of Alcoholic Beverage Control ("ABC"), consistency would be served by incorporating the State's definition. The planning commission, following a duly noticed public hearing held on May 14, 2001, recommended that the city council adopt this ordinance. SECTION 2: 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 from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration 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. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, Ordinance No. NS-2473 Page 1 of 4 surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. SECTION 3: Section 41-43 of the Santa Ana Municipal Code is hereby amended to read in full as follows (deleted language shown as strikeout for tracking purposes only, and new language in bold): Sec. 41-43. Club; fraternity; lodge. A club fraternity or lodge ~ ........ ~"*~"" cf .......~ ............ ~* ; ..... * .... ;' ...... ;"'~ "" ~"'~ .... h II h the s g that .............. ., ....... c,'~ ..~ c~-~,,,v.... . s a ave ame meanin as given to the word "club" pursuant to California Business & Professions Code section 23425, as it may be amended from time to time. SECTION 4: Section 41-313.5 of the Santa Ana Municipal Code is amended to read as follows (new language in bold): Sec. 41-313.5. Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: (a) Convalescent hospitals, nursing homes, rest homes and extended care facilities. (b) Hospitals. (c) Trade and professional schools. (d) Health clubs and gymnasiums. (e) Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. (f) Ambulance and emergency medical response services. (g) Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. (h) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of Ordinance No. NS-2473 Page 2 of 4 residentially zoned or used property, measured from property line to property line. (i) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (j) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (k) Adult day care facilities. (I) clubs, fraternities and lodges. 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 Aha 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. ADOPTED this 18th day of June, 2001. ATTEST: Clerk of the Council COUNCILMEMBERS: Pulido Aye McGuigan Aye Alvarez Aye Bist Absent Christy Aye Franklin Aye Solorio Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY: Be a~-~i[yt~a u fm~a~'~ Chief A~'sistant City Attorney Ordinance No. NS-2473 Page 3 of 4 CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2473 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 18, 2001; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2473 Page 4 of 4