HomeMy WebLinkAboutNS-2646 - Repealing Section 41-120.1 and Subsection of Santa Ana Municipal Code Relating to Missions
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ORDINANCE NO. NS-2646
AN ORDINANCE OF THE CITY OF SANTA ANA
REPEALING SECTION 41-120.1 AND SUBSECTION
41-489.5(i) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO MISSIONS
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:
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A.
Because of its age, current provisions of the Santa Ana Municipal Code
that regulate emergency shelters and transitional housing within the City
are in need of review, study and possible revision, particularly to the
extent that they relate to the propagation of the faith of a religious
organization. Provisions of the Santa Ana Municipal Code ("the Code")
fail to fully take into account the potential impacts associated with the
establishment and maintenance of emergency shelters and transitional
housing and fail to address the needs of the City and its residents today
and in the future.
B.
Given these concerns, the City Council has requested that review be
undertaken of the current provisions of the General Plan and Chapter 41
of the Code to classify emergency shelters and transitional housing uses
and determine where and under what conditions and standards such uses
should be permitted in the City. In so doing, the City Council expressly
recognizes the contributions that such uses make to the City.
The City of Santa Ana is home to at least two dozen emergency shelters
and transitional housing uses. The City Council has actively supported
such programs. For example, over the last fifteen (15) years the Council
has awarded emergency shelter grants totaling over $2,700,000.00, giving
grants annually to over a dozen such uses, supporting projects such as
Emmanuel House, WISE Place for Women and Mercy House.
C.
D.
The City Council has held a duly noticed public hearing at which it
considered all of the written and oral testimony offered concerning
whether to adopt this ordinance.
E.
The Request for Council Action for this ordinance dated February 17,
2004 and duly signed by the City Manager shall, by this reference be
incorporated herein.
Ordinance No. NS-2646
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F.
The City Council has directed that this review be pursued as expeditiously
as is practicable, and has directed staff to expeditiously pursue, if
necessary, appropriate revisions to the Code which would be considered
for adoption only after public notice and hearing. At this time, the Council
notes with approval that the only Notice of Violation issued to any use
alleging non-compliance with section 41-120.1 of the Code has been
rescinded and revoked by the City's Planning and Building Agency.
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 existing or proposed use.
G.
H.
The City Council recognizes that this ordinance has been deemed to
exempt from the California Environmental Quality Act pursuant to State
Guideline sections 15060(c)(2), 15016(b) and 15305. A notice of
exemption shall be filed.
All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of section 418 of
the Charter of the City of Santa Ana. Any such restatement of existing
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather such
provisions are repeated for tracking purposes only in conformance with
the Charter.
I.
Section 2. Section 41-120.1 of the Code is hereby repealed in its entirety. For
tracking purposes only, this provision is shown below in strikeout:
SeG. <11 120.1. Mission.
^ mission is an estaelis :¡meRt or building usoà for t :¡e ¡¡urpose of
carryiRg eR :¡umanitarian work aRà/or ¡¡r-e¡¡agating the fait :¡ of a roligious
organi¡mtion whero one or eot :¡ of t :¡e following acti\<itios occur:
(1) Meals am furRis :¡eà to persons iR Reeà for froe or for nomiRal
consider-atioR, or
(2) O'lOmight loàging is turnis :¡eà to ¡¡er-sons in neeà for free or for
nominal ceRsiàer-ation.
Section 3. Subsection 41-489.5(i) of the Code is hereby repealed in its entirety, and
the subsequent subsections are renumbered accordingly. For tracking purposes only,
section 41-489.5 is shown below with the deleted subsection in strikeout and the
additions underlined:
Sec. 41-489.5. Additional uses subject to a conditional use permit in
the M2 district.
Ordinance No. NS-2646
Page20f4
In addition to uses permitted subject to the issuance of a
conditional use permit pursuant to sections 41-489 and 41-472.5, the
following uses may be permitted in the M2 district subject to the issuance
of a conditional use permit:
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(a)
Acid manufacturing.
(b) Junkyards, automobile wrecking yards and salvage yards, and
impound yards.
(c)
(d)
(e)
(f)
(g)
Cement, lime, gypsum or plaster of paris manufacture.
Fertilizer manufacture.
Gas or acetylene manufacture.
Glue manufacture.
Smelting of tin, copper, zinc or iron ores.
(h) Sites for the transfer, disposal or dumping of rubbish, garbage,
trash, or refuse.
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(i)
fHill
Missions.
Tattoo parlors.
Will Any facility where payment is offered for blood or plasma
donations.
fij.Qs} Crematories.
~ill Hazardous waste treatment facilities.
W.ú:Iù Recycling facilities in excess of forty-five thousand (45,000) gross
square feet and in compliance with section 41-1253 of this Code.
Section 4. Any established emergency shelter or transitional housing use which, as of
the date of adoption of this ordinance, is fully in conformance with Chapter 41 of the Code,
shall not lose its legally conforming status by virtue of the adoption of this ordinance.
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 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 anyone or more sections,
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Ordinance No. NS-2646
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subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this 15th day of March, 2004.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Council members:
ABSTAIN: Councilmembers:
Alvarez. Bist. Christv. Franklin. Garcia. Pulido.
Solorio (7)
None (0)
None (0)
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-2646 to be the original ordinance adopted by the City
Council of the City of Santa Ana on March 15. 2004.
Date:
a,A 7/t?1
I
~<:<~
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2646
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