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Home My WebLink About11A - ORD AMEND CH 41 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW AUTOMOBILE REPAIR AND AUTOMOBILE SERVICING IN THE SOUTH MAIN STREET COMMERCIAL DISTRICT WITH A CONDITIONAL USE PERMIT (ZOA NO. 2006-04) 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: A. The South Main Street Commercial District was created in April 3, 2000. B. For the property located at 2037 and 2041 South Main Street, the City Council held a duly noticed public hearing on September 5, 2006 regarding the adoption of an ordinance approving Amendment Application No. 2006-01, to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2) to allow the expansion of the auto body shop. The City Council continued the matter to October 2, 2006. C. The public hearing was then renoticed for October 2, 2006 to consider adoption one of the following City Council actions: 1. Adopting a resolution denying Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or 2. Adopting an ordinance approving Amendment Application No. 2006-01 to rezone the two parcels from South Main Commercial (C-SM) to General Commercial (C2), or 3. Adopt an ordinance approving a Zoning Ordinance Amendment No. 2006-04 to allow automotive repair and servicing uses in the South Main Commercial (C-SM) zoning district subject to a conditional use permit. D. On October 2, 2006 the City Council continued the matter to December 4, 2006. E. On December 4, 2006, the City Council held a duly noticed de novo public hearing to consider adopting one of the following actions: 1. Adopting a resolution denying Amendment Application No. 2006-01, or 11 A-1 2. Adopting an ordinance approving Amendment Application No. 2006-01, or 3. Adopt an ordinance approving a Zoning Ordinance Amendment No. 2006-04 to allow automotive repair and servicing uses in the C-SM zoning district subject 0 a conditional use permit. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b)(3). This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-169 will be filed for this project. Section 2. Section 41-522 is hereby amended to read as follows: Sec. 41-522. Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41- 521. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) 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 residentially zoned or used property, measured from property line to property line. (f) Laundromats. (g) Ancillary outdoor dining facilities located in the front yard area. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1 . U) Automobile repair and automobile servicing. Ordinance No. NS-XXXX Page 2 of 5 11 A-2 Section 3. Section 41-523.5 is hereby added to the Code to read as follows: Section 41-523.5. Standards for automobile repair and automobile servicing in the C-SM district. Automobile servicing and automobile repair are subject to the following requirements: (1) No outdoor overnight vehicle storage is permitted except as permitted by section 41-1302. (2) No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week. (3) Driveway Access on through lots shall not be allowed onto streets primarily servicing property zoned or used for residential purposes. (4) Building elevations containing service or repair bays shall not face toward a public street or toward residential property if the elevations are within 300 feet of property zoned or used for residential purposes. (5) A six (6) foot high minimum masonry block wall shall be provided along side and rear property lines not abutting public streets. For properties where at least one C-SM zoned parcel is combined with at least one R2-B zoned parcel, a six (6) foot high minimum masonry block wall shall not be required along the property line between the C-SM and R2-B zoned parcels. Walls or fences excluding chain- link shall not exceed 42 inches high within 15 feet of public streets. If the site abuts a commercial development, the Planning Manager may reduce or delete the wall requirement. Flowering vines should be planted at intervals along the wall to discourage graffiti. (6) Exterior building elevations facing public streets shall be a minimum of 50 percent of the storefront in clear glass. (7) Security fencing, if provided in addition to the perimeter masonry wall, shall be of a decorative design compatible with the masonry wall. All gates and fencing shall remain free of signs or other advertisements. Gates shall remain open during business hours and shall satisfy Public Works Agency requirements for vehicular stacking. 11A-3 (8) Auto repair buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the area or of the integrated development site if the auto repair facility is within such a development. Section 4. 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, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. 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. Section 6. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Ordinance No. NS-XXXX Page 4 of 5 11A-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATIESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 11A-5 11A-6