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HomeMy WebLinkAboutNS-2734 - Relating to the Development of Super Stores bk/8-01-06 ORDINANCE NO. NS-2734 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 SUPER STORES 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. 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). 6. Wal-Mart Stores, Inc., etc., et al. v. City of Turlock, 2006 U.S. Dist. LEXIS 47924 (E.D. Cal. 2006). Ordinance No. NS-2734 Page 1 of 8 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. 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. Ordinance No. NS-2734 Page 2 of 8 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: 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. Q) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. Ordinance No. NS-2734 Page 3 of 8 (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: 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: 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. Ordinance No. NS-2734 Page 4 of 8 (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) Check cashing facilities, as defined by section 41-42.7 of this Code. (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: 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-2734 Page 5 of 8 (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (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 setforth 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 Ordinance No. NS-2734 Page 6 of B 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") 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 Ordinance No. NS-2734 Page 7 of 8 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. ADOPTED this 5th day of February. 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney fman t City Attorney 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-2734 to be the original ordinance adopted by the City Council of the City of Santa Ana on February 5. 2007, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Patricia E. Healy Clerk of the Council City of Santa Ana Date: a- ./;-<J.h ? / / /~~/~~-' I &/-~~ ' Ordinance No~ NS-2734 Page 8 of 8