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HomeMy WebLinkAboutNS-3084 - Group Homes and Land Use Definitions ORDINANCE NO. NS-3084 ZONING ORDINANCE AMENDMENT NO. 2025-01 AND ORDINANCE AMENDMENT NO. 2025-01—AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND—USE--DEFINI-TIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDERSTATE CEQA GUIDELINES SECTION 15061(13)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301(C) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential character of residential neighborhoods, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled" (Berman v. Parker(1954) 348 U.S. 26, 33). B. Courts have held that cities have the right to regulate both the number of people who may reside in a residence and the manner in which the residence is used as long as such regulations do not unfairly discriminate or impair an individual's rights of privacy and association (see, e.g., City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123, 131-34; Ewing v. City of Cannel-By-The-Sea (1991) 234 Cal.App.3d 1579, 1595-98). C. The Federal Fair Housing Act Amendments of 1988 ("FHAA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning ordinances that would on their face or otherwise have the effect of discriminating against equal housing opportunities for the disabled. D. A core purpose of the FHAA, FEHA , and California's Lanterman Developmental Disabilities Services Act("Lanterman Act") is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons have the opportunity Ordinance No, NS-3084 Page 1 of 27 to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled. E. To fulfill this core purpose, the FHAA and FEHA require that the City grant an exception to its zoning ordinances if the exception is both reasonable and necessary to accommodate a person's legal disability to afford the disabled person an equal opportunity to use and enjoy a dwelling. F. Several state laws require the City to treat state licensed residential care facilities serving six or fewer as a residential use, such that it is permitted in residential zoning districts (see, e.g., Health and Safety Code, §§ 1267.8, 1566.3, 1568.0831, and 11834.23). A report conducted by the 2022-2023 Grand Jury for the County of Orange found that the resulting deinstitutionalization of group living arrangements for the disabled has had a positive effect upon the disabled. ' G. The City's goal in enacting this Ordinance is to preserve the residential characteristics of residential neighborhoods, and to provide opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled. H. Over the past several years the region has seen a significant increase in the number of residential homes being utilized as alcohol and drug recovery facilities for large numbers of individuals ("sober-living homes"). I. The increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 adopted by California voters, which provides that specified first-time drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration. J. The Affordable Care Act has also significantly expanded the availability of health care coverage for substance abuse treatment. K. The region has seen a sharp increase of sober-living homes, which has generated community outcry and complaints including, but not limited to overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of sober- living facilities in close proximity to each other creating neighborhoods of sober- living homes (see Ohio House LLC v. City of Costa Mesa (9th Cir. 2024) 122 FAth 1097, 1127). L. This increase in sober-living homes has become a rising concern for cities statewide as local officials are in some cases being bombarded with complaints from residents about the proliferation of sober-living homes; conferences drawing local officials from around the state are being held discussing what to do about challenges associated with sober-living homes; and the appropriate regulation of 1"Welcome to the Neighborhood:Are cities responsibly managing the integration of group homes?", County of Orange Grand Jury Invostigation, 2022-2023, http s:!lwww.ocgrandjury,org/sites/jury/files/2023-06/Welcomo_to_the_Neighborhood- Are_citie s_responsibly_managing_the_inte gration_of_group_homes.pdf." Ordinance No. NS-3084 Page 2 of 27 sober-living homes has been the topic of several League of California Cities meetings. M. The state Legislature has recognized the need to prevent overconcentration of residential facilities that impairs the integrity of residential neighborhoods and leads to the institutionalization of such neighborhoods, which undermines the benefits of deinstitutionalization (Cal. Health & Saf. Code §§ 1520.5 & 1267.9). To that end, state law allows applications for new residential facility licenses to be denied if the facility's location is near an existing residential facility, thereby resulting in overconcentration. N. Overconcentration of other group homes for the disabled, including sober-living homes, impairs the integrity of residential neighborhoods and undermines the benefits of deinstitutionalization. The number of sober-living homes in the region is rapidly increasing, leading to an overconcentration of sober-living homes in many cities. O. The purpose of sober-living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the neighborhood of their choice. P. Individuals recovering from alcoholism and drug addiction, who are not currently using alcohol or drugs, are considered disabled under both the FHAA and FEHA. Q. This Ordinance and the balance of the City's zoning provide a benefit to group homes by allowing these facilities to locate in residential neighborhoods, whereas a similarly situated and functioning home with non-disabled tenants would be defined as a boarding house and continue to be prohibited in all zoning districts. R. Group homes (including sober-living homes) typically do not function as a single housekeeping unit for the following reasons: (1) they house transient populations (programs are generally about 90 days and, a 2005 UCLA study found that 65-70 percent of individuals recovering from addiction leave even earlier); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know those who reside in the home, nor do the residents know the neighbors; (4) the residents have little to no say about who lives or doesn't live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7)when residents disobey house rules they are often evicted from the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above market rate rents. The lack of single-housekeeping-unit characteristics contributes to institutional living conditions. S. The size and makeup of the households in group homes, even those allowed as a matter of right under the Code, can create institutional living conditions because Ordinance No. NS-3084 Page 3 of 27 they tend to be larger than average single housekeeping units, creating impacts on water, sewer, roads, parking and other City services that are far greater than the average household, in that the average number of persons per California household is 2.86. A sober-living facility allowed as a matter of right can house six residents plus a resident manager, which is more than twice the average California household size. T. All individuals residing in a sober-living facility are generally over the age of 18, while the average household in the United States hasjust 1.96 individuals over the age of 18 according to federal census data. U. Because of their transient populations and above-average numbers of adults residing in a single home, group homes (including sober-living facilities) present impacts to residential neighborhoods not typically associated with more traditional single-family uses, which contributes to the institutionalization of residential neighborhoods and residential care environments, which in turn reduces the benefits of residential environments for disabled residents in group living arrangements. These impacts include: the housing of large numbers of unrelated adult who may or may not be supervised; excessive noise and outdoor smoking, which interferes with the use and enjoyment of residential neighborhoods; little to no interaction with the neighborhood; irresponsible operators with a history of opening facilities in complete disregard of the Code and with little regard for impacts to the residential environment; disproportional impacts from the average dwelling unit to nearly all City services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area. V. Among other things, this Ordinance establishes a 650-foot distance requirement between group homes, which provides many opportunities for the operation of group homes within the City and still results in preferential treatment for group homes that serve disabled individuals as compared to group homes serving non- disabled individuals in a similar living situation (i.e., in boarding house-style residences) which cannot operate in residential zones. W. Housing inordinately large numbers of unrelated adults in a single-residence or congregating group homes in close proximity to each other does not provide the disabled with an opportunity to "live in normal residential surroundings," but rather subjects them to living environments that resemble the types of institutional living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding. X. Notwithstanding the above, the City Council recognizes that, when operated responsibly, group homes (including-sober-living homes) provide a societal benefit by providing the disabled the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions. Providing greater access to residential zones to group Ordinance No. NS-3084 Page 4 of 27 homes, including sober-living homes, than to boarding houses provides a benefit to the City and its residents. Y. Without sufficient, appropriate regulation, there is no way to ensure that the individuals entering into a group home are disabled individuals and entitled to the protections under local and state law; that a group home is operated professionally to minimize impacts to the character of residential neighborhoods; and that the secondary impacts which cause the institutionalization of group homes due to concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in a single home are lessened. Z. In addition to group homes locating in residential neighborhoods, other state- licensed residential care facilities are also taking up residence in residential neighborhoods. AA. The purpose of group homes for the disabled is to provide the disabled an equal opportunity to comfortably reside in residential neighborhoods of their choice. BB. ZOA No. 2025-01 and OA No. 2025-01 are consistent with various goals and policies of the General Plan. Specifically, these actions are consistent with Housing Element (HE) Goal 2 (a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community), Policy HE-2.5 (diverse housing types), HE Goal 4 (adequate rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness), Policies HE-4.3 and HE-4.7 (provide housing for disabled people to live independent lives and provide regulatory oversight), Community Element (CE) Policy CM-3.2 (support the creation of healthy neighborhoods), Land Use Element (LU) Policy LU-1.1 (foster compatibility between land uses to enhance livability and promote healthy lifestyles), Policy LU-4.6 (support diverse housing types that promote a healthy environment), and Policy LU-4.7 (promote mixed housing types to create inclusive communities). CC. On June 23, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning ZOA No. 2025-01, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance, with the exception of Section 28, which amends Chapter 8 of the SAMC and is not within the purview of the Planning Commission. DD. On August 19, 2025, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance ("Project") is exempt from CEQA Ordinance No. NS-3084 Page 5 of 27 review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The Project is also exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility the ordinance will have a significant effect on the environment. The amendments provide definitions and standards to regulate the location, operation, and licensing of group homes and do not authorize new development or changes in density or intensity of land use. Moreover, the Project is categorically exempt from further review per Section 15301 (Class 1 -- Existing Facilities) of the CEQA Guidelines. This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project merely establishes administrative and land use oversight procedures for group homes already operating or proposed within existing residential structures, and will not expand the existing use. None of the exceptions to the use of categorical exemptions identified in CEQA Guidelines Section 15300.2 apply to the Class 1 exemptions or this ordinance. Specifically, the Project will not result in cumulative impacts, will not affect any scenic or historic resources, and will not involve unusual circumstances leading to a significant impact. Section 3. Section 41-27.3 (Boarding House) of Chapter 41 of the SAMC is hereby added to read as follow: Sec. 41-27.3. — Boarding house. Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units. Section 4. Section 41-41.5 (Care Home) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-41.5. — Reserved. Section 5. Section 41-49 (Disabled) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-49. — Disabled. Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this Chapter, handicapped shall mean the same as disabled. Ordinance No. NS-3084 Page 6 of 27 Section 6. Section 41-66.5 (Group home) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-66.5. — Group home. A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include residential care facilities and any dwelling that operates as a single housekeeping unit. Section 7. Section 41-77 (Hotel 1 Motel) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41 — 77.— Hotel/Motel. A hotel/motel is any building, or portion of a building that is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall contain more than five (5) guest rooms. A hotel/motel that contains a kitchen (as defined in Section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be a long-term stay business hotel. A hotel/motel that meets the criteria of Section 41-139 of this Code shall be deemed to be a transient/residential hotel. Section 8. Section 41-78 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-78. — Household. Household means all the individuals occupying a dwelling unit, and includes people who live in different units governed by the same operator, but does not include a single housekeeping unit. Section 9. Section 41-78.5 (House manager) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-78.5. — House manager. The person, or group of persons, that is present at a group home, as defined in this Chapter, on a 24-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator. Section 10. Section 41-83.2 (Integral Group Home Facility) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-83.2. -- Integral Group Home Facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the Ordinance No. NS-3084 Page 7 of 27 same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Section 11. Section 41-103 (Lodging House) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-103. — Reserved. Section 12. Section 41-143.5 (Residential care facility) of Chapter 41 of the SAMC is hereby added to read as follows. Sec. 41-143.5. — Residential care facility. Residential care facility means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but are not limited to, the following: An intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, as defined by California Health and Safety Code Section 1250; a congregate living health facility, as defined by California Health and Safety Code Section 1250; a community care facility, as defined by California Health and Safety Code Section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code Section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code Section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code Section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code Section 1760.2; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code Section 5116. Section 13. Section 41-145 (Rooming House) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-145. — Reserved. Section 14. Section 41-152.5 (Single Housekeeping Unit) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-152.5. — Single Housekeeping Unit. Single housekeeping unit means that residents of the dwelling unit have established ties and familiarity and interact with each other and whose use of the dwelling unit satisfies each of the following criteria: Ordinance No. NS-3084 Page 8 of 27 (1) If the dwelling unit is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises. (2) Residents generally do not have separate entrances or separate secured food-storage facilities such as cabinets or refrigerators. (3) The residential activities of the household are conducted on a nonprofit basis. (4) The household is strictly resident-run; there is no care or supervision provided by a third-party or a paid resident manager at the dwelling unit or on the property. (5) Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary. (6) All adult residents have chosen to jointly occupy the entire premises of the dwelling unit and they each have access to all common areas. (7) Membership of the household is determined by the residents not by a landlord, property manager or other third party. Section 15. Section 41-152.7 (Sober-living home) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-152.7-- Sober-living home. Sober-living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law. Sober-living home shall not include residential care facilities and sober-living homes that operate as a single housekeeping unit. Section 16. Section 41-247.5 (Uses subject to a conditional use permit in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-247.5 -- Uses subject to a conditional use permit in the R2 district. The following uses may be permitted in the R2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5 may likewise be permitted in the R2 district subject to a conditional use permit. (b) Residential care facilities (seven or more occupants), which previously were permitted as care homes pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Code. Ordinance No. NS 3084 Page 9 of 27 Section 17. Section 41-259.5 (Uses subject to a conditional use permit in the R3 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-259.5. — Uses subject to a conditional use permit in the R3 district. The following uses may be permitted in the R3 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted in the R2 district subject to the issuance of a conditional use permit pursuant to Section 41-247.5. (b) Fraternity houses, residential care facilities (seven or more occupants), and sorority houses.- (c) Sanitariums and hospitals. Section 18. Section 41-292.5 (Uses subject to a conditional use permit in the R4 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-292.5. -- Uses subject to a conditional use permit in the R4 district. The following uses may be permitted in the R4 district subject to the issuance of a conditional use permit: (a) Any use that may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5. (b) Residential care facilities (seven or more occupants). Section 19. Section 41-365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read 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, fraternity houses, residential care facilities (seven or more occupants), 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. Ordinance No, NS-3084 Page 10 of 27 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. {j} 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. (1) Adult day care facilities. (m) Superstores. (n) Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in Section 41-199.3. (o) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter. Section 20. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read 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, fraternity houses, residential care facilities (seven or more occupants), 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. Ordinance No. NS-3084 Page 11 of 27 (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. 0) Adult day care facilities. (k) Superstores. (1) Massage establishments, subject to development and operational standards set forth in Article XVI I.I of this Chapter. Section 21. Section 41-424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the SAMC is hereby amended to read 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, fraternity houses, residential care facilities (seven or more occupants), 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) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. Ordinance No. NS-3084 Page 12 of 27 (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j} 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. (1) 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. (o) Adult day care facilities. (p) Superstores. (q) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this chapter. Section 22. Section 41-442.5 (Uses subject to a conditional use permit in the CR district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-442.5. — Uses subject to a conditional use permit in the CR district. The following uses may be permitted in the CR district subject to the issuance of a conditional use permit: (a) Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses. (b) Service stations, provided they are integrated into a larger development site and accessible only by limited access ways serving the larger site as a whole. (c) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (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. Ordinance No. NS-3084 Page 13 of 27 (e) 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. (f) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1. (g) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1. Section 23. Section 41-522 (Uses subject to a conditional use permit in the C- SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-522.— Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in Section 41-521 of this chapter. (c) Hotels, motels, fraternity houses, residential care facilities (seven or more occupants), and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) Bating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (f) Laundromats. (g) Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this chapter. (h) Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this chapter. (i) Automobile repair and automobile servicing. (j) 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. (k) Churches and accessory church buildings. Ordinance No. NS-3084 Page 14 of 27 (1) Massage establishments, subject to development and operational standards set forth in Article XVILI of this chapter. Section 24. Section 41-603 (Area — Generally) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-603. -Area—Generally. (a) Any lot shown upon an official subdivision map duly approved by the city council and recorded in the office of the county recorder, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the county recorder, may be used as a legal building site, subject to the conditions, limitations, and restrictions governing the district in which it is located. (b) The following exception to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the Al, RE, R1, R2, R3, and P districts: Where forty(40) per cent or more of the lots along any block, excluding reverse corner lots and key lots, are developed with buildings, the required front yard for any new building or alteration to an existing building shall be not less than the arithmetical average of the front yards of said buildings. In computing said average front yard, main buildings situated entirely on the rear one-half ('/2) of any lot along said block shall not be included. Notwithstanding this subsection, no front yard shall be less than twenty (20) feet from a front property line. (c) In any commercial district, the front and side yards required for dwellings, apartments and hotels may be waived when such uses are erected above the ground floor of a building when said ground floor has no required front and side yard. Section 25. Section 41-1323 (Care Homes) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1323. - Residential care facilities. The minimum off-street parking requirements for residential care facilities are as follows: one (1) space for each three (3) beds. Section 26. Section 41-1324 (Lodging houses) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1324. - Reserved. Ordinance No. NS-3084 Page 15 of 27 Section 27. Article XXII I (Group Homes Facilities) of Chapter 41 of the SAMC is hereby added to read as follows: ARTICLE XXIII. — GROUP HOME FACILITIES Sec. 41-2400. - Purpose. This Article is intended to preserve the residential character of residential neighborhoods, avoid institutionalization of the disabled, and further the purposes of the California Fair Employment and Housing Act, the Federal Fair Housing Act Amendments of 1988, and the California Lanterman Development Disabilities Services Act by, among other things: (1) allowing group homes in the City, subject to streamlined administrative approval; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a residential neighborhood; and (4) providing comfortable residential living environments that will enhance the opportunity for the disabled and for individuals recovering from addiction to be successful in their programs. Sec. 41-2401. -Applicability and Permitted Zones. (a) Permit required. No group home may be established or operated in the City without: (1) A Group Home Special Use Permit issued in accordance with Section 41-2402 of this Chapter, if the group home has six or fewer occupants; or (2) A conditional use permit issued in accordance with Section 41-2403 of this Chapter and an Operator's Permit issued in accordance with Article XXIII of Chapter 8 of the SAMC, if the group home has seven or more occupants. (b) Permitted zones. A group home with requisite permits issued in accordance with this Article may be established in the zoning districts provided in the table below. Group Home Type zoningDistricts ** Al RE R1 R2 R3 R4 SDs/SPs Small (6 or less P* P* P* P* P* P* P* occupants) Large (7 or more - - - CUP CUP CUP CUP occupants)_ P=permitted by right CUP=permitted subject to a conditional use permit Subject to issuance of a Group Home Special Use Permit in conformance with applicable operational and development standards. "* Permitted (P) where single-family residential is a principally permitted use; CUP is required where multiple-family residential use is a principally permitted use; in zones where both single-and multiple-family use are principally permitted uses,a CUP shall be required. (c) As required by state or federal law, a residential care facility serving six or fewer persons is exempt from this Section, except that such facilities must comply with Section 41-2402(b)(15)(iii); and is considered a residential use of property and a single-family dwelling. Ordinance No. NS-3084 Page 16 of 27 Sec. 41-2402. —Administrative Approval — Group Home Special Use Permit. (a) Consistent with Section 41-2401, no group home may be established or operated in the City without an administrative approval of a Group Home Special Use Permit issued in accordance with this Section. (b) Such group homes shall comply with the following requirements for issuance of a Group Home Special Use Permit: (1) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property is required. (2) No group home may be established or operated on any lot that is within 650 feet, as measured from the closest property lines, from another group home. This standard shall not apply to group homes with six or fewer occupants located in the Al, RE, or R1 zoning districts that are not operating as a sober- living home. (3) The group home must have a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis, seven days a week, and who are responsible for the day-to-day operation of the group home. (4) If the dwelling unit has an accessory dwelling unit or junior accessory dwelling unit, occupants of all units on the property will be combined to determine whether or not the limit of six occupants has been exceeded. (5) A group home in no event shall have more than seven occupants, including the house manager. (6) The group home shall not be located in an accessory dwelling unit or junior accessory dwelling unit unless the primary dwelling unit is used for the same purpose. (7) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles, unless modified through the construction of an accessory dwelling unit or junior accessory dwelling unit in compliance with all applicable standards. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. (8) Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations Ordinance No. NS-3084 Page 17 of 27 (9) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. (10) The property must be fully in compliance with all building codes, municipal code and zoning. (11) At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the city's Homeless Services Division that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs (ii) and (iii) of this subsection and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; V. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the Group Home Special Use Permit for that facility, the operator shall comply with paragraphs (i) through (iv) of this subsection as soon as possible. (12) Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also: (i) Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; (ii) Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or a residential care facility that has agreed to accept the occupant. Ordinance No. NS-3084 Page 18 of 27 (13) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (11) and (12) of this section; provided, however, that nothing herein shall require an operator to violate any provision of state or federal law regarding confidentiality of health care information. The operator may not satisfy the obligations set forth in subsection (12) of this section by providing remuneration to the occupant for the cost of transportation. (14) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. (15) In addition to the regulations outlined above, the following shall also apply to sober-living homes: Q All occupants, other than the house manager, must be actively participating in a certified or licensed recovery program, which may include, but is not limited to, Alcoholics Anonymous or Narcotics Anonymous, and the sober-living home must maintain current records of meeting attendance. Under the sober-living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. ii The sober-living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober-living home or by any individual recovering from an addiction either on or off site. The sober-living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober-living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober-living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iii The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003. Li yJ The sober-living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. Ordinance No. NS-3084 Page 19 of 27 (v) The sober-living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager, owner or operator to follow when a neighbor complaint is received. La The sober-living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. (16) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary understate and federal laws, pursuant to Sections 41-652 through 41- 655 of the SAMC. (c) A copy of the Group Home Special Use Permit shall be kept at the group home at all times and be made available to any City official upon request. (d) The Planning and Building Agency Executive Director or designee will develop and adopt a standardized Group Home Special Use Permit application. Each Group Home Special Use Permit application must be submitted using the City's application, accompanied by the appropriate filing fee. The applicant shall be responsible for paying any fees that have been established from time to time by the City Council to process the Group Home Special Use Permit at the time of submission of the application. (e) A Group Home Special Use Permit shall be issued by the Planning and Building Agency Executive Director or designee as a ministerial matter if the applicant is in compliance, or has agreed to comply, with this section. At least 10 days prior to issuing a Group Home Special Use Permit, the director shall cause written notice to be mailed to the owner of record and occupants of all properties within 500 feet of the location of the group home. Prior to issuance of the Group Home Special Use Permit, the director shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of this Section. The issuance of the Group Home Special Use Permit shall be denied upon a determination, and if already issued shall be denied or revoked by the director upon a public hearing, by the director that any of the following circumstances exist: (1) Any owner/operator has provided materially false or misleading information on the application or omitted any pertinent information; (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying Ordinance No. NS-3084 Page 20 of 27 a drug test; and selling or furnishing illegal drugs or alcohol. (3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses: L Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); ii. Arson offenses—Violations of Penal Code Sections 451- 455 (last seven years); iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or iv. The unlawful sale or furnishing of any controlled substances (last seven years). (4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the Fair Housing Amendments Act and Fair Employment and Housing Act. (6) A Group Home Special Use Permit for a sober-living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Planning and Building Executive Director or designee that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober-living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. ii. The owner/operator of a sober-living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. iii. The sober-living home, as measured by the closest property lines, is located within 650 feet of any other sober-living home or alcoholism or drug abuse recovery or treatment facility. If alcoholism or drug abuse recovery or treatment facility moves within 650 feet of an existing sober-living homes this shall not cause the revocation of the sober- living home's permit or be grounds for denying a transfer of such Ordinance No. NS-3084 Page 21 of 27 permit. (7) For any other significant and/or repeated violations of this Section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (b)(11) through (14). (8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Section 41-652 through 41- 655. Sec. 41-2403. - Conditional use permit required. In addition to meeting the requirements for approval of a Group Home Special Use Permit as contained in Section 41-2402, a conditional use permit for a group home with seven or more occupants or a residential care facility with seven or more occupants, where such uses are permitted subject to a conditional use permit, shall be required, subject to the following conditions: (a) The requirements of Division 3 of Article V of Chapter 41, Development Project Plan Approval, have been met. (b) The findings for granting a conditional use permit in accordance with subsection 41-638 are met. (c) The separation requirement in Section 41-2402(b)(2) may be reduced if the planning commission determines that such location will not result in an over- concentration of similar uses. Sec. 41-2404. - Existing group homes with six or fewer occupants - compliance. (a) Existing group homes must apply for a Group Home Special Use Permit within 90 days of the effective date of this Article. (b) Group homes that are in existence upon the effective date of this Article shall have one year from the effective date of this Article to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six-resident (6)- maximum. (c) Existing group homes obligated by a written lease exceeding one year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee. Sec. 41-2405. - Existing group homes with seven or more occupants— compliance. Ordinance No. NS-3084 Page 22 of 27 Group homes with seven or more occupants that are in existence upon the effective date of this Article may continue to operate subject to the following: (a) The operator obtains an Operator's Permit pursuant to Section 8-3600 et seq., within 120 days from the effective date of this Article; and (b) The group home is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one year from the effective date of this Article. Notwithstanding the foregoing, an existing group home subject to this Section obligated by a written lease exceeding one year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee. Sec. 41-2406. - Conflict. If this Article conflicts with any other provision of this Code, this Article shall prevail. Sec. 41-2407. - Severability. Should any section, subsection, clause, or provision of this Article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Article; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This Article shall be prospective in application from its effective date Section 28. Article XXIII of Chapter 8 of the SAMC is hereby added to read as follows: Article XXIII. - GROUP HOMES Sec. 8-3600. - Operator's Permit Required. It is unlawful for any person to operate, or to permit any person to operate a group home with seven (7) or more occupants on any property located in the city without a valid permit issued for that group home pursuant to the provision of this Article. (a) Each group home operator shall obtain an Operator's Permit specific to the operator. (b) A copy of the Operator's Permit shall be kept at the group home at all times and be made available to any City official upon request. (c) An Operator's Permit is valid for one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business. Ordinance No. NS-3084 Page 23 of 27 (d) The Planning and Building Agency Executive Director or designee will develop and adopt a standardized Operator's Permit application. Each Operator's Permit application must be submitted using the City's application, accompanied by the appropriate filing fee. The applicant shall be responsible for paying any fees that have been established from time to time by the City Council to process the Operator's Permit at the time of submission of the application. (e) The Operator's Permit shall be issued by the Planning and Building Agency Executive Director or designee if the applicant is in compliance with or has agreed to comply with the requirements of Section 41-2402(b) of Chapter 41. (f) In addition to denying an application for failing to comply or failing to agree to comply with the requirements of Section 41-2402(b) of Chapter 41, an Operator's Permit shall also be denied, and if already issued shall be revoked upon a hearing by the Planning and Building Agency Executive Director or designee under any of the following circumstances: (1) Any owner/operator has provided materially false or misleading information on the application or omitted any pertinent information. (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. (3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); ii. Arson offenses—Violations of Penal Code Sections 451-455 (last seven years); iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years); or iv. The unlawful sale or furnishing of any controlled substances (last seven years). (4) Any ownerloperator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the Fair Housing Amendments Act and Fair Employment and Housing Act. Ordinance No. NS-3084 Page 24 of 27 (6) An Operator's Permit for a sober-living home shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following additional circumstances: L The owner/operator of a sober-living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. ii. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. Sec. 8-3601. - Revocation. (1) Upon a hearing by the Executive Director of the Planning and Building Agency or designee, following written notice by certified mail at the last known mailing address or by such other method reasonably calculated to give notice to the operator, the Executive Director of the Planning and Building Agency or designee shall have the authority and duty to suspend or revoke any Operator's Permit granted or issued under the provisions of this Chapter at any time based on Section 8-3600. Sec. 8-3602 -Transfer of ownership. (a) An Operator's Permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Planning and Building Agency Executive Director or designee pursuant to the requirements of Section 8-3600(e). (b) An Operator's Permit may not be transferred to any other person or entity. No Operator's Permit issued pursuant to this article shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein. Sec. 8-3603 - Reapplication after denial or revocation. (a) An applicant for an Operator's Permit whose application for such an Operator's Permit has been denied may not reapply for such an Operator's Permit for a period of 180 days from the date such notice of denial was issued. (b) A holder of an Operator's Permit that has been cancelled, revoked or otherwise invalidated may not reapply for an Operator's Permit for a period of 180 days from the date that such revocation, cancellation or invalidation became final. Sec. 8-3604. Compliance A group home that is subject to the provisions of this Article that is in existence as of the effective date of this ordinance shall have 120 days to comply with the provisions of this Article. Sections 8-3645-8-3699. Reserved. Section 29. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 34. The City Council of the City of Santa Ana hereby adopts an ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code pertaining to group homes and land use definitions in Chapter 41 of the SAMC. This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated August 19, 2625, and exhibits attached thereto; and the public testimony, all which are incorporated herein by reference. Section 31. Section 41-66.5 (Group home) of Chapter 41 of the SAMC is hereby added to read as follows: Section 32. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this 16 day of September, 2025. Vale 'e Am zcua Mayo APPROVED AS TO FORM Sonia R. Carvalho, - ity ttorney i By: Melissa M. Crosthwaite Senior Assistant City Attorney Ordinance No. NS-3084 Page 26 of 27 AYES: Councilmembers Amezcua Bacerra Lopez— Penaloza Phan, Vazquez (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) ABSENT: Councilmembers Hernandez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-3084 to be the original ordinance adopted by the City Council of the City of Santa Ana on September 16, 2025 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. 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