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HomeMy WebLinkAbout75B - SUPERSTORES CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: JANUARY 16, 2007 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For Ck OJ;7~ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. BACKGROUND On August 7, 2006, the City Council reviewed an ordinance for the regulation of Superstore retail uses. After discussion, a motion was made to continue the ordinance for 30 days. The motion failed, and another motion was made to place the ordinance on first reading and authorize its publication. This motion also failed by a vote of 2:4 (Solorio and Garcia in favor, Pulido absent). On January 2, 2007, the City Council requested that this ordinance, and associated environmental documents, be brought back for Public Hearing on January 16, 2007. PLANNING COMMISSION ACTION On July 24, 2006, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2006-74 and adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03 by a vote of 3:1 (Leo opposing, Gartner and Lutz absent) to amend Chapter 41 of the Santa Ana Municipal Code to establish new regulations for Superstore retail uses. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A) . 758-1 Zoning Ordinance Amendment No. 2006-03 January 16, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~c~e~i~~ctor Planning & Building Agency HS:rb hs\big~box\zoa06-03.cC2 758-2 REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: CITY COUNCIL MEETING DATE: AUGUST 7, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES APPROVED o As Recommended o As Amended D Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ~\ a~{2" CITY MANAGER CONTINUED TO - FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. PLANNING COMMISSION ACTION On July 24, 2006, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2006 -74 and adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03 by a vote of 3:1 (Leo opposing, Gartner and Lutz absent) to amend Chapter 41 of the Santa Ana Municipal Code to establish new regulations for Superstore retail uses. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~. Ja M. Trevino E cutlve Dlrector Planning & Building Agency HS:rb hs\big_box\zoa06-03.cc 758-3 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JULY 24, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Hally Soboleske mcutive Director ~ ~--- . .Plannin/Manager RECOMMENDED ACTION Recommend that the City Council: 1. Approve and adopt the Negative Declaration for Environmental Review No. 2006-74. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-03. DISCUSSION Background Numerous cities in California are adopting ordinances regulating "Superstore" retail stores due to the potential of local negative impacts. At City Council request, research was conducted and work study sessions held with the Planning Commission at its March 13, 2006 meeting and with the City Council at its March 20, 2006 meeting to discuss the potential of amending the Santa Ana Municipal Code (SAMC) by adopting regulations for Superstore retail. Current provisions of SAMC do not address the potential impacts associated with these establishments. Analysis of the Issues Superstore retail establishments are a relatively recent trend in local economies and are not wi thout controversy. Al though there are several posi ti ve effects related to their presence, such as the generation of sales tax and employment, there are also concerns related to the environmental and economic impacts, such as business displacement, stemming from their operation. Concerns include increased traffic and air quality impacts, as well as the preservation of existing community commercial establishments that serve the local neighborhood. EXHIBIT A 758-4 / Zoning Ordinance Amendment No. 2006-03 July 24, 2006 Page 2 Superstore retail is not conducive to a pedestrian environment due to typical bulk-type purchases, as well as the size of the building with the resulting size of the parking lot to accommodate the use. However, there are areas within the city that are well-suited to Superstore retail such as those areas located along arterial roads. There are several such businesses presently operating within the City's boundaries in commercial zones, and although the SAMC differentiates between various types of retail sectors (e.g., community commercial versus arterial commercial), it does not specifically address Superstore retail uses. Additionally, staff reviewed for context the "Shils Report" (1997) by Edward B. Shils, Ph.D., and "Impact of Big Box Grocers on Southern California" (1999) by the Orange County Business Council. These reports discuss the economic impacts associated with Superstores. The proposed ordinance defines Superstore retail as any retail use that utilizes 120,000 square feet or more of gross floor area (Exhibit 1), and uses more than 10 percent of sales floor area for non-taxable merchandise. "Sales floor area" is defined as interior space only devoted to the sales of merchandise and does not include restrooms, office space, storage space, automobile or personal service area, open-air retail or garden area, or restaurant area. Superstore retail shall be defined in SAMC Chapter 41. Parking requirements of 5:1000 for typical retail uses would also be applicable to Superstore retailers. To address the compatibility of Superstore retail with other nearby uses, it is proposed that it be conditionally permitted in C1, C2, C4 and C5 zones. Superstore retailers would not be a permitted use in the Central Business, Commercial-Museum District, Commercial South Main, Central Business-Artist Village or Residential Commercial zones where the unique retailer and pedestrian environment are essential to the purpose of the zone. This would allow the City to assess any potential impacts on a case-by-case basis. Additionally, the application will include an economic impact analysis report to examine the potential impacts on existing businesses in a three- mile buffer area. Any such report shall be completed by a pre-approved list of consultants selected by the City and funded by the applicant. Superstore retailers already in possession of a valid Certificate of Occupancy will not be subject to this new ordinance, if adopted. In concert with the City's economic development goals established by the City's Economic Development Element of the General Plan to maintain and enhance diversity of the local economic base, and Goals 1, 2 and 5 of the Land Use Element, it is recommended that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment 2006-03 (Exhibits 2 and 3) . 758-5 Zoning Ordinance Amendment No. 2006-03 July 24, 2006 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, Negative Declaration Environmental Review No. 2006-74 has been prepared for this project (Exhibit 4) . HS:jm hs\big_box\zoa06-03.pc Associate Planner 758-6 bk/7 -20-06 ORDINANCE NO. NS-XXX 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 MUNICPAL CODE RELATING TO THE DEVELOPMENT OF SUPERSTORES 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. [Findings to follow after public hearing.] 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 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): 7~~~1 Ordinance No. NS-XXX Page 1 of 8 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. (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. U) 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 setforth 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 permitted use subject to a conditional use permit such that it reads as follows (new language in bold for tracking purposes only): Ordinance No. NS-XXX Page 2 of 8 758-8 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 permitted 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. 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. 758-9 Ordinance No. NS-XXX Page 3 of 8 (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. 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 Ordinance No. NS-XXX Page 4 of 8 758-10 (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. G) 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. (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. 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, may take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information 758-11 Ordinance No. NS-XXX Page 5 of 8 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. 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 fairly 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") 9 735.5(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 Ordinance No. NS-XXX Page 6 of 8 758-12 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 9711.2 and Title XIV, CCR 9735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. 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: Council members ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 758-13 Ordinance No. NS-XXX Page 7 of 8 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 Page 8 of 8 758-14 I I ECONOMIC DEVELOPMENT ELEMENT I The goals and policies presented by the Element offer the framework for the Policy Plan and the Implementation Plan. The following list of goals and policies has evolved along with the demographic and business characteristics of the community since adoption of the current General Plan sixteen (16) years ago. I I Economic Development Goals I Goal 1 Increase employment opportunities for local residents. Goal 2 Maintain and enhance the diversity of the City's economic base. I; Goal 3 Increase Santa Ana's share of the regional economy. I' Goal 4 Expand the tax base of local government to improve and maintain the level of public services. I GoalS Promote a "business friendly" atmosphere by keeping taxes and fees at a fair level competitive with those of comparable communities, and by assisting desirable business growth. I Goal 6 Establish numerical benchmarks for measuring the success of economic development program activities, as well as analyzing various economic trends. I I I I I I I 7m:T1t POLICY PLAN The City's first industrial zonin district was created in 1953 on Harbor Boulevard on property owned by the Segerstrom family. . OF NT ANNW LAND USE ELEMENT Land Use Policies Goal 1.0 Promote a balance of land uses to address basic community needs. Policy 1 . 1 Policy 1.2 Policy 1.3 Policy 1 .4 Policy 1 .5 Policy 1.6 Policy 1.7 Policy 1.8 Policy 1.9 Policy 1 . 1 0 Policy 1.11 Promote medium density housing in and around the downtown area. Support high density residential development within the City's District Centers as a part of master-planned mixed use development. Encourage high intensity office development to attract major tenants that will contribute to cultural and business activities of the central city. Support development of single-family residential lots on a minimum area of at least 6,000 square feet. Maintain and foster a variety of residential land uses in the City. Support "live/work" opportunities within specifically defined areas. Support open space in under served areas. Encourage the development of commercial and nonprofit recreational facilities and services. Coordinate street and parkway designs that are attractive, functional, and compatible with adjacent on- site development. Encourage the location of commercial centers at arterial roadway intersections in commercial districts. Support the location of regional governmental facilities in the downtown and Civic Center areas. mf~T1t I I I I I I I I I I I I I I I I I I I LAND USE ELEMENT Goal 2.0 Promote land uses which enhance the City's economic and fiscal viability. Policy 2.1 Policy 2.2 Policy 2.3 Policy 2.4 Policy 2.5 Policy 2.6 Policy 2.7 Policy 2.8 Policy 2.9 Policy 2.10 Policy 2.11 Policy 2.12 Discourage the intrusion of commercial land uses in industrial areas. Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Encourage the location of child care facilities within employment centers. Support pedestrian access between commercial uses and residential neighborhoods which are in close proximity. Balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. Encourage the creation of new employment opportunities in developments which are compatible with surrounding land uses, and provide a net community benefit. Support projects that contribute to the redevelopment and revitalization of the central city urban areas. Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Support developments that create a business environment that is safe and attractive. Support new development which is harmonious in scale and character with existing development in the area. Create Class A office space suitable for acquisition of major, high profile tenant in the Downtown Development Area. Encourage large-scale office development with ancillary retail in the proximity of the Civic Center Complex, Downtown and Midtown urban areas. 7 5B~17 The comer of Fourlh StIeet and Main Street was the first commercial lot sold in the city (the lot sold for $15.00). ANT ' . I i i 'iTv !' f ,-,.., .. J. .. ~N' ""'.: '~. "~-;," r. ".. , 1 j : .-" . . . . , . . . , . , , , I , , I I I LAND USE ELEMENT Goal 5.0 Ensure that the impacts of development are mitigated. Policy 5.1 Promote development which has a net community benefit, and enhances the quality of life. Policy 5.2 Protect the community from incompatible land uses. Policy 5.3 Minimize the impact of future right-of-way expansion on existing development and neighborhoods through the use of transportation system management programs and traffic demand management to relieve traffic congestion. Policy 5.4 Support land uses which are consistent with the Land Use Plan of the Land Use Element. Policy 5.5 Encourage development which is compatible with, and supportive of surrounding land uses. Policy 5.6 Discourage access to commercial and industrial areas by way of residential streets. Policy 5.7 Anticipate that the intensity of new development will not exceed available infrastructure capacity. Policy 5.8 Encourage the placement of educational facilities in close proximity to public parks. Policy 5.9 Encourage development which provides a clean and safe environment for the City's residents, workers, and visitors. Policy 5.10 Support a circulation system which is responsive to the needs of pedestrians and vehicular travel. Policy 5.11 Encourage development which does not generate obnoxious fumes, toxins, or hazardous materials. Policy 5.12 Provide appropriate permanent measures to reduce storm water pollutant loads in storm water from a development site. .r ANI AlN'1';f;i I' '""<C..'" , !,' P~.~\' 1 75~18 REQUEST The proposed project is a request to amend the City of Santa Ana Municipal Code to establish an ordinance to define and regulate "Big Box" retail uses. PROJECT DESCRIPTION The proposed amendment to the Municipal Code would establish a definition and regulations for the operation of "Big Box" retail uses. The regulations would establish location criteria as a conditionally permitted use. Below are the standards for the proposed bail bonds ordinance. "Big Box" Retail Use Proposed Regulations Item Recommendation Definition Big Box retail store shall mean any retail use that utilizes gross floor area of 120,OOOsf or more) CI, C2, C4 and C5 with a Conditional Use Permit Retail use: 5: 1000 Standards a I for all new retail uses lar er that 120,000sf Focus on impacts on case by case basis Zones Permitted Parkin o erational Standards Typical Conditions of A roval Nonconformance Grandfather only those businesses that were legally operating at the time of the ordinance. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish an ordinance to regulate Big Box retail uses. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? m~T19 No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in adverse impacts to any scenic vista, or scenic resource, in that future Big Box retail uses implemented under the proposed ordinance would not be located in areas that contain scenic vistas. Additionally, Big Box retail uses would not be located within State Highways. C. Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not degrade the visual character of the City, in that the proposed ordinance would establish criteria to help minimize potential visual impacts associated with location and operation of Big Box retail uses. Through the conditional use permit process, proposed Big Box retail uses would be subject to site plan review to ensure compliance with the standards established in the proposed ordinance as well as evaluated for potential aesthetic impacts. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact The proposed amendment to the Municipal Code to regulate Big Box retail uses would not introduce substantial amounts of new light and glare impacts, in that the proposed ordinance would establish criteria to regulate onsite lighting. Additionally, Big Box retail uses permitted under the proposed ordinance would typically be located in areas with onsite or nearby street lighting. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? 75B'Il20 C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to regulate Big Box retail uses would not result in impacts to agriculture resources, in that the proposed ordinance would not permit Big Box retail uses in areas that contain Prime Farmlands or Unique Farmlands. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and local general plans. The proposed amendment to the Municipal Code to regulate Big Box retail uses would not have any effect on the growth projections in the City's General Plan. Therefore, approval of the proposed ordinance would not be in conflict with the South Coast AQMP. B. violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? 75B'!l21 D. Expose sensitive concentrations? Create objectionable of people? receptors to substantial pollutant E. odors affecting a substantial nUIllber No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in any short-term construction related or long- term operational air quality impacts or odor impacts, in that approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. Through the conditional use permit process future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential long-term and short-term air quality impacts and odor impacts. III. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U. S. Fish and wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources wi thin the Ci ty . Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in any adverse impacts to any sensi ti ve biological resources, in that 75Bll22 the proposed ordinance would not be permit Big Box retail uses in areas that contain sensitive biological resources. IV. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique pa1eontogica1 resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, the City of Santa Ana is known to contain known cultural resources. Additionally, according to the General Plan Land Use Element EIR there is high probability that unknown cultural resources may exist in the City. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in impacts to any cultural resource, in that approval of the proposed ordinance would not involve any activities that would disturb known or unknown cultural resources. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential impacts to known and unknown cultural resources. V. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including liquefaction? A-4. Landslides No Impact According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist-Priolo Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, 75a~23 portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from very low to very high. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not increase the potential for seismic impacts, and liquefaction impacts, in that the approval of proposed ordinance would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential seismic risks. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in or increase the potential for soil erosion or sedimentation impacts, in that the approval of the proposed ordinance would not involve any activities that would disturb soils. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. c. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR there are no known geological hazards or unique geologic features in the City. Therefore, approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in the loss of any unique geologic features. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project 75B~24 and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not involve the construction of any structures that would be subject to geotechnical constraints. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil constraints. Additionally, future Big Box retail uses implemented under the proposed ordinance would be required to use sewer systems. VI. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve any activities that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. Future Big Box retail uses implemented under the proposed ordinance could involve the handling of incidental amounts of hazardous materials such as paints and solvents. However, the 7S6'1l25 Big Box retail uses would be subject to local, state and federal regulations regarding the handing of hazardous materials. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendment to the Municipal Code would not increase the potential for safety hazards for people residing in or working within the City. VII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. 75~6 The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. Additionally, Big Box retail uses 7~~7 would not be permitted in areas where underground water recharge occurs. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not alter existing drainage patterns or increase existing rates of surface water runoff, in that approval of the proposed ordinance would not introduce additional impervious surfaces or involve the development of any activities that would impact existing drainage patterns. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential drainage impacts. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? 75Br28 H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City's General Plan identifies that portions of Santa Ana are within the lOO-year flood Zone. Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not facilitate development within areas subject to lOO-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed ordinance would not result in erosion impacts, in that the proposed amendments would not involve any construction activities that would disturb or uncover soils to facilitate erosion impacts. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? s. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems 75B~9 that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed ordinance would not result in any activities that would discharge pollutants into sensitive downstream marine resources. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. VIII. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would provide location criteria and operational standards to ensure that Big Box retail uses would not encroach into or physically divide any established communities or neighborhoods in Santa Ana. No adverse land use impacts would be associated with the approval of the proposed ordinance. B. Conflict with regulation of adopted for environmental any applicable land use plan, policy, or an agency with jurisdiction over the project the purpose of avoiding or mitigating an effect? No Impact The proposed project would amend the City's Municipal Code by establishing an ordinance that provides criteria for the location and operation of Big Box retail uses. Approval of the proposed ordinance would not be in conflict with the City's General Plan or any other relevant planning program in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed ordinance would not be in 75B~0 conflict with any habitat conservation or natural community conservation plan. IX. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The City's General Plan Land Use Element ErR identifies that there are no areas in Santa Ana that contains Significant Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance would not result in adverse impacts to any significant mineral resource. X. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. B. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would not involve any activities that would emit long term operation noise impacts or short term construction related noise impacts. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential noise impacts and would be subject to the City's noise standards. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of 75B~1 a public airport or public use airport, would the project expose people residing or working in the proj ect area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by aircraft noise. Approval of the amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not facilitate development within areas impacted with aircraft noise. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential aircraft noise impacts and would be subject to the City's noise standards. XI. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval of the proposed ordinance would not involve any activities that would generate additional population or displaces homes and/or population. XII. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not increase the demand for additional public services 75Bm32 over current levels of service being provided in the City, in that the approval of the proposed ordinance would not involve any activities that would substantially increase the demands for public services. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential public service impacts. XIII. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the enviromnent. No Impact Approval of the proposed ordinance would not increase the use of any recreational facilities or result in the significant need for additional recreational facilities, in that the proposed ordinance would not involve any activities that would increase the demands for recreational facilities. No adverse impacts to recreation facilities would be associated with the approval of proposed ordinance. XIV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, inCluding either an increase in traffic levels or a change in location that results in substantial safety risks? P. Substantially increase hazards to a design feature E. Result in inadequate emergency access F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation 7561'l33 No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not have an impact on traffic volumes, roadway configurations, parking capacities, emergency access or level of services established in the County of Orange Congestion Management Plan, in that the proposed ordinance would not involve any activities that would generate additional traffic or parking needs. Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential traffic, circulation and parking impacts. XV. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of Big Box retail uses would not increase the demand for additional utilities and service systems over current levels of service being provided in the City, in that the proposed ordinance would not involve any activities that would increase the demands for utility systems. 755;34 Through the conditional use permit process, future Big Box retail uses implemented under the proposed ordinance would be evaluated for potential impacts to utility service systems. XVI. MANDATORY FINDINGS OF SIGNIFICANCE A. Poes the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact The proposed ordinance would not have a direct impact on any plant or wildlife species or historical property in Santa Ana, in that the proposed ordinance would not involve any activities that would impact plant, wildlife or historic resources or degrade the quality of the environment. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Approval of the proposed ordinance would not result in any significant cumulative impacts, in that the proposed ordinance would not involve any activities that would result in cumulative impacts to the environment. c. Does the proj ect have environmental cause substantial adverse effects on directly or indirectly? effects, which will human beings either No Impact Approval of the proposed ordinance would not cause any substantial adverse effects on human beings, in that the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVIII. DETERMINATION 75~5 Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed project would not have a significant impact on the environment and a Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana General Plan, 1997 City of Santa Ana, General Plan EIR, 1997 California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan XX. PRE PARER Hally Soboleske, Assistant Planner II, City of Santa Ana 75Se36 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 California: 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). 758-37 Ordinance No. NS-XXX Page 1 of _ 6. Wal-Marl 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 Page 2 of 758-38 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 restauranUfast 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. 758-39 Ordinance No. NS-XXX Page 3 of _ (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. U) Banquet facilities, subject to development and operational standards setforth 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 permitted 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 permitted 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 Page 4 of 758-40 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 setforth 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. 758-41 Ordinance No. NS-XXX Page 5 of _ 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. 0) 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. Ordinance No. NS-XXX Page 6 of 758-42 (m) Banquet facilities, subject to development and operational standards setforth 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. 758-43 Ordinance No. NS-XXX Page 7 of _ 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 fairly 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") 9 735.5(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 9711.2 and Title XIV, CCR 9735.5(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 Page 8 of 758-44 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 758-45 Ordinance No. NS-XXX Page 9 of _ 758-46