HomeMy WebLinkAbout85B - SUPERSTORES ORDINANCE
bk/8-01-06
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING SECTIONS 41-27.5,
41-646.5,41.1361, AND AMENDING SECTIONS 41-
365.5, 41-377.5, 41-412.5 AND 41-424.5 OF THE
SANTA ANA MUNICIPAL CODE RELATING TO THE
DEVELOPMENT OF SUPER STORES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
iFOLLOWsl:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Numerous studies and published court opinions have determined
that the establishment of a superstore, as defined herein, in a
community offers unique challenges and special concerns to the
residents of that community. Such studies and opinions include:
1. "The Potential Economic and Fiscal Impacts of Supercenters
in San Diego: A Critical Analysis" (2000) published by the San
Diego County Taxpayers Association.
2. "The Impact of Big Box Grocers on Southern Califomia:
Jobs, Wages and Municipal Finance" (1999) published by the
Orange County Business Council.
3. "The Potential Impact of Big Box Stores in New York City"
(2005) prepared by New York City Economic Development
Committee
4. "Measuring the Economic and Sociological Impact of the
Mega-Retail Discount Chains on Small Enterprise in Urban,
Suburban and Rural Communities" (aka "The Shils Report") (1997)
published by The Wharton School, University of Pennsylvania.
5. Wal-Mart Stores, Inc., et. al. v. City of Turlock, 138 Cal. App.
4th 273, 41 Cal. Rptr. 3d 420 (2006), review denied 2006 Cal.
LEXIS 8623, 2006 DAR. 9169 (July 12, 2006).
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Ordinance No. NS-XXX
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6. Wal-Mart Stores, Inc., etc., et al. v. City of Turlock, 2006
U.S. Dist. LEXIS 47924 (E.D. Cal. 2006).
7. "California Responses to Supercenter Development: A
Survey of Ordinances, Cases and Elections" (2004) published by
Public Law Research Institute at Hastings College of the Law.
8. "Regulating Discount Superstores: Ordinances Restricting
Big Box Retailers with Grocery Departments" (2004) presented at
the League of California Cities Annual Conference.
These reports, studies and cases, true and correct copies of which
are on file with the Executive Director of the Planning and Building
Agency, are incorporated herein as though fully set forth.
B. In adopting this ordinance, the City Council expressly relies upon
and incorporates herein the findings, conclusions and opinions set
forth in the reports, studies and cases included above.
C. The City's General Plan, including but not limited to Goal Number
2.0 of the Economic Development Element, and Goal Numbers 1.0,
2.0 and 5.0 of the Land Use Element, provides for maintenance of
and enhancement of the City's economic base by promoting a
balance of land uses designed to address community needs and
which enhance the City's economic and fiscal viability by, in part
ensuring that impacts of development in the City are fully mitigated.
D. Adoption of this ordinance is in furtherance and implementation of
the City's General Plan.
E, It is advisable and necessary that Chapter 41 of the City's Code be
amended to regulate superstores appropriately and to afford them
adequate review.
F. It is the intent of the City Council that superstores proposed to be
established in Special Development Districts in the City which
permit retail land uses be subject to similar review as that provided
for herein.
G. 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.
Ordinance No. NS-XXX
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Section 2. Section 41-27.5 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41-27.5. Superstore.
A Superstore is any retail use that sells from the premises goods and
merchandise, primarily for personal and household use, and whose total
interior space exceeds 120,000 square feet, and which devotes more than
ten percent (10%) of its total interior space to the sale of merchandise
which are not subject to State sales tax. For purposes of determining the
total interior space, restrooms, office space, storage space, and service
areas (e.g., automobile service, doctor or dental service, or restaurant/fast
food service) shall be excluded, but the aggregate space of adjacent
stores that share common check stands, management, operation,
controlling ownership, or warehouse or distribution facilitates shall be
included.
Section 3. Section 41-365.5 of the Santa Ana Municipal Code is hereby
amended to add Superstores as a permitted use subject to a conditional use permit such
that it reads as follows (new language in bold for tracking purposes only):
Sec. 41-365.5. Uses subject to a conditional use permit in the C1
district.
The following uses may be permitted in the C1 district subject to the
issuance of a conditional use permit:
(a) Clubs.
(b) Outdoor and indoor recreational or entertainment uses other
than those set forth in section 41-365.
(c) Hotels, motels, lodging houses, care homes, fraternity
houses and sorority houses.
(d) Thrift shops, purchase and loan, pawn shops.
(e) Eating establishments with drive-through window service.
(f) Eating establishments open at any time between the hours
of 12:00 a.m. 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.
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(g) Laundromats, subject to the development and performance
standards set forth in section 41-199.
(h) Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time between the
hours of 12:00 midnight and 5:00 a.m.
(i) Check cashing facilities, as defined by section 41-42.7 of this
Code.
G) Banquet facilities, subject to development and operational
standards set forth in section 41-199.1.
(k) Banquet facilities as an ancillary use, subject to development
and operational standards set forth in section 41-199,1.
(I) Adult day care facilities.
(m) Superstores.
Section 4. Section 41-377.5 of the Santa Ana Municipal Code is hereby
amended to add Superstores as a pennitted use subject to a conditional use permit such
that it reads as follows (new language in bold for tracking purposes only):
Sec. 41-377.5. Uses subject to a conditional use permit
in the C2 district.
The following uses may be permitted in the C2 district subject to the
issuance of a conditional use permit:
(a) Any use which may be pennitted subject to the issuance of a
conditional use permit in the C1 district pursuant to section 41-365.5.
(b) Open-air car washes.
(c) Trailer parks and camps.
(d) Thrift shops, food distribution centers, and counselling
service establishments operated by nonprofit or government-subsidized
organizations or by public agencies.
(e) Indoor swap meets, bulk merchandise stores, and home
improvement warehouse stores.
(f) Superstores.
Ordinance No. NS-XXX
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Section 5. Section 41-412.5 of the Santa Ana Municipal Code is hereby
amended to add Superstores as a permitted use subject to a conditional use permit such
that it reads as follows (new language in bold for tracking purposes only):
Sec. 41-412.5. Uses subject to a conditional use permit in the C4
district.
The following uses may be permitted in the C4 district subject to the
issuance of a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity
houses and sorority houses.
(b) Indoor swap meets, bulk merchandise stores, and home
improvement warehouse stores.
(c) Eating establishments with drive-through window service.
(d) Eating establishments open at any time between the hours
of 12:00 a.m. 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.
(e) Laundromats, subject to the development and performance
standards set forth in section 41-199.
(f) Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time between the hours of
12:00 midnight and 5:00 a.m.
(g)
Code.
Check cashing facilities, as defined by section 41-42.7 of this
(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) Adult day care facilities.
(k) Superstores.
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Section 6. Section 41-424.5 of the Santa Ana Municipal Code is hereby
amended to add Superstores as a permitted use subject to a conditional use permit such
that it reads as follows (new language in bold for tracking purposes only):
Sec. 41-424.5. Uses subject to a conditional use permit in the C5
district.
The following uses may be permitted in the C5 district subject to the
issuance of a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity
houses, and sorority houses.
(b) Dwelling units when erected above the ground floor of a
commercial structure when the ground floor is devoted exclusively to
nonresidential uses.
(c) Hospitals.
(d) Public utility structures, including electric distribution and
transmission substations.
(e)
service.
Eating establishments with drive-through or walk-up window
(f)
(g)
enclosed.
Service stations and automobile servicing.
Car wash establishments, provided they are wholly
(h)
Laundries.
(i) Indoor swap meets, bulk merchandise stores, and home
improvement warehouse stores.
U) Eating establishments open at any time between the hours
of 12:00 a.m. 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.
(k) Laundromats, subject to the development and performance
standards set forth in section 41-199.
(I) Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time between the hours of
12:00 midnight and 5:00 a.m.
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(m) Banquet facilities, subject to development and operational
standards set forth in section 41-199.1.
(n) Banquet facilities as an ancillary use, subject to development
and operational standards set forth in section 41-199.1.
(0) Adult day care facilities.
(p) Superstores.
Section 7. Section 41-646.5 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41-646.5. Findings for Conditional Use Permits related to
Superstores.
a. Additional Findings. In making the findings otherwise required by
this article for approval of a conditional use permit, prior to approval of a
Superstore the Planning Commission or City Council, as appropriate take
into consideration of all economic benefits and costs to the city, and as
relevant, the region, of the proposed use based upon information
contained in an economic impact analysis, as provided below, and any
additional information submitted by staff or the public.
b. Procedure. An application for a conditional use permit for a
Superstore shall follow the procedures otherwise required by this chapter,
and in addition the applicant shall prepare and submit an economic impact
analysis report as defined herein. The analysis, at a minimum, shall
identify the benefits and costs to the city of the proposed Superstore on
grocery or retail shopping centers within a three-mile radius. The city
manager or designee (i) shall approve in advance the individual or firm
preparing the report; which approval may, at the city's option, be satisfied
by use of an individual or firm identified on a pre-approved list; and
(ii) such list may designate additional information on benefits and cost that
shall be included in the analysis.
Section 8. Section 41-1361 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41-1361. Superstores.
The minimum off-street parking required for Superstores is one (1) space
for each two hundred (200) square feet of gross floor area.
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Section 9. No Superstore which is legally operating in the city as of the
effective date of this ordinance shall be affected by the adoption of this
ordinance, unless it loses its legal nonconforming status pursuant to the
provisions of Article VI of Chapter 41 of the Code.
Section 10. 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 fair1y argued that the
project will have a significant adverse effect on the environment. The City Council
hereby certifies and approves negative declaration for Environmental Review
No. 2006-74 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") S 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, surrounding buildings and human activity. Therefore,
pursuant to Fish and Game Code S 711.2 and Title XIV, CCR S 735.5(a)(3), the
payment of Fish and Game Department filing fees is not required in conjunction
with this project.
Section 11. 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.
Ordinance No. NS-XXX
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ADOPTED this
day of
,2006
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX 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
Ordinance No. NS-XXX
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