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HomeMy WebLinkAboutNS-2640 - Extending the Temporary Prohibiton on Construction or Establishment of Any New, or Expansion of Any Existing, Bail Bond...ORDINANCE NO. NS-2640 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE TEMPORARY PROHIBITION ON THE CONSTRUCTION OR ESTABLISHMENT OF ANY NEW, OR EXPANSION OF ANY EXISTING, BAIL BOND BUSINESS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code ("the Code") do not specifically identify Bail Bonds as a land use or designate zoning districts throughout the City where property is used for businesses which issue Bail Bonds may be permitted. Currently Bail Bond uses are permitted as a matter of right in large portions of the City which are zoned non-residential, including in locations which are immediately adjacent to (i.e., next door to) single family neighborhoods. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of Bail Bonds uses and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan, and the Code need review, study and possible revision in order to respond to recent concerns relating to the impacts of businesses selling Bail Bonds and the potential establishment of new Bail Bonds businesses in the City. For these reasons, on October 20, 2003, at a regularly scheduled public meeting, the City Council adopted Ordinance No. NS-2639, which established interim regulations on new or expanded Bail Bonds uses (hereafter "the interim ordinance"). By its own terms the interim ordinance expires 45 days following its adoption. Given these concerns, the City Council has requested that a study be undertaken of the current provisions of the General Plan and Chapter 41 of the Code to classify Bail Bonds uses and determine where and under what conditions such businesses should be permitted in the City. In response to this request, the City's staff has contacted other jurisdictions to determine how they regulate Bail Bonds uses, collected ordinances from these jurisdictions and researched possible solutions to Ordinance No. NS-2640 Page 1 of 5 avoid the problems referenced above in Santa Aha. The City's staff has also conducted outreach to the current Bail Bonds businesses in the City of Santa Ana. Despite these efforts, without adoption of this ordinance properties in the City would ministerially and quickly receive entitlements to establish Bail Bonds businesses 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 revisions to the Code to address concerns created by Bail Bonds uses. The City Council has held a duly noticed public hearing regarding this ordinance, and has considered all of the written and oral testimony offered concerning whether to adopt this emergency ordinance. There are currently several dozen Bail Bonds businesses in the City and as of the date of this emergency ordinance, at least two individual developers have contacted the City to seek to establish new locations at which to engage in the business of selling Bail Bonds. If unregulated, Bail Bonds businesses would create detrimental impacts to the surrounding areas, including adjacent single family neighborhoods for the following reasons: Unlike most service or office uses in the City, Bail Bonds uses are typically open twenty-four (24) hours per day, and often include a provision for employees to actually room (£e., sleep) at the business during night hours, which if not properly regulated is incompatible with other commercial uses and adjacent residential areas. Unlike most service or office uses in the City, Bail Bonds uses typically include a major on-site security component (e.g., armed security guards, "bullet-proof" glass, and controlled visitor parking) that, if not properly regulated, is incompatible with other commercial uses and adjacent residential areas. Bail Bond uses in the City and in other cities concentrate in certain areas and such concentrations, if not properly regulated, could create significant secondary effects such as lowering of property values, an increase in crime, and failure of these areas to recycle to new, superior commercial uses. Unregulated Bail Bond uses, particularly when located immediately adjacent to single family neighborhoods, constitute an incompatible use to the City's single family residential zoning district. Ordinance No. NS-2640 Page 2 of 5 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 the establishment or construction of Bail Bond uses may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting such Bail Bond uses to be established or constructed 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. The Request for Council Action ("RFCA") for this ordinance, dated December 1, 2003 and duly signed by the City Manager, shall by this reference be incorporated herein, and together with this ordinance, the prior ordinance and RFCA, any amendments or supplementals, and oral testimony constitute the necessary findings for this ordinance. 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. 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 A-L, inclusive of this ordinance. 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. Section 2. Prohibition No new Bail Bond use, as a primary use, shall be established, constructed, permitted or expanded in the City of Santa Ana. No new Bail Bond use, as an ancillary use, shall be established, constructed, permitted or expanded in the City of Santa Ana. This section shall not apply to any proposed new or expanded Bail Bond Use, which on the date of adoption of this ordinance, has filed a fully complete application with the City for a discretionary permit. This exception is provided because such discretionary action, if approved by Ordinance No. NS-2640 Page 3 of 5 the City's Planning Commission or City Council, will incorporate conditions of approval which will mitigate the impacts and concerns set forth in Section 1 of this ordinance. Section 3. Definitions For purposes of this ordinance, the following terms shall be defined as follows: "Bail Bond" use shall mean any use or business that is subject to regulation pursuant to California Insurance Code section 1800 et seq., including but not limited to a use or business of a bail agent, a bail permittee or a bail solicitor. "Primary use" shall mean a use that is not an "ancillary use," as that term is defined in section 41-13.5 of the Code. Section 4. Expiration Date. This ordinance shall be of no further force and effect ten (10) months and fifteen (15) days from the date of its adoption, unless extended by further action of the City Council. Section 5. 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 6. 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 in Section 1, paragraphs A-N, inclusive of this ordinance. ADOPTED this 1~t day of December, 2003. Ordinance No. NS-2640 Page 4 of 5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: Bist, Christy, Garcia, Franklin, Pulido, Solorio (6) None (0) Alvarez (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2640 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 1,2003. Clerk of the Council City of Santa Ana Ordinance No. NS-2640 Page 5 of 5