Loading...
HomeMy WebLinkAbout75B - PH - AMEND CHAPTER 41 EQUIP RENTAL YARDSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2010 TITLE: PUBLIC HEARING - FILED BY THE CITY OF SANTA ANA TO AMEND PROVISIONS OF CHAPTER 41 ESTABLISHING OPERATIONAL STANDARDS FOR EQUIPMENT RENTAL YARDS (ZONING ORDINANCE AMENDMENT NO. 2010-02) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For` CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2010-02 to amend Chapter 41 of the Santa Ana Municipal Code in order to establish a definition and operational standards for equipment rental yards. PLANNING COMMISSION ACTION On November 8, 2010, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2010-02 by a vote of 5:0 (Gartner and Walters absent) to amend Chapter 41 of the Santa Ana Municipal Code in order to create a definition for equipment rental yards and to establish operational standards for such facilities. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). An addition has been made to the draft ordinance to ensure that the new operational standards are consistent throughout Chapter 41 where equipment rental yards in commercial zones are allowed. FISCAL IMPACT There is no fiscal impact associated with this action. J I . Trevino Executive Director Planning & Building Agency KH:rb ktVStaff Reports20A 2010-02 Equipment Rental Standards.cc 75B-1 (ROH 12/06/10) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF AND OPERATIONAL STANDARDS FOR EQUIPMENT RENTAL YARDS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code does not currently contain standards for the operation of equipment rental yards. Such standards are necessary to ensure that such facilities will not have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, vibration, or lack of property maintenance of grounds or buildings. B. The Request for Council Action for this ordinance dated December 6, 2010, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. C. 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 City Charter. 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 41-58 of Chapter 41 of the Santa Ana Municipal Code is added to read as follows: Sec. 41-58. Equipment Rental Yard. An equipment rental yard is a permanent establishment dedicated to the rental of building or construction tools, equipment, or other related supplies where the storage and display of said equipment and supplies may occur both within a structure, as well as in an outdoor yard area associated with said structure. Ordinance No. NS-XXX Page 1 of _ 75B-2 Section 3. Section 41-377 of Chapter 41 of the Santa Ana Municipal Code is amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 41-377. Uses permitted in the C2 district. The following uses are permitted in the C2 district. (a) All uses which are permitted in the C1 district pursuant to section 41-365. (b) Automotive garages including body and fender repair, painting, and engine replacement. (c) Blueprinting, photo-engraving, including all types of reproduction processes. (d) Reserved. (e) Equipment (Rental }Yards for light machineryE. (f) Metal shops. (g) Tire recapping. (h) Wholesale establishments as follows: (1) Automotive equipment, including parts and supplies for machinery. (2) Drugs, chemicals and allied products excluding explosives and industrial chemicals. (3) Dry goods and apparel. (4) Food products. (5) Farm products. (6) Electrical and plumbing supplies. (7) Office equipment and supplies. (i) Truck, trailer, tractor and boat sales. 0) Research institutions and laboratories. Ordinance No. NS-XXX Page 2 of _ 75B-3 (k) Adult entertainment businesses subject to compliance with the requirements of article XVII of this chapter. (1) Cyber cafes, subject to compliance with the requirements of section 41- 198.200. Section 4. Section 41-378 of Chapter 41 of the Santa Ana Municipal Code is amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 41-378. Operational standards in the C2 district. (a) All business activities in the C2 district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-377 and section 41- 377.5, may be conducted outside of an enclosed building: (1) Plant nurseries. (2) Automobile sales and parking lots. (3) Recreational or entertainment uses. (4) Light equipmeRt ^tal Equipment Rental Yards. (5) Truck, trailer, tractor and boat sales. (6) Open-air car washes. (7) Trailer parks and camps. (b) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device. (c) Service stations, automobile servicing, and automobile repair are subject to the following requirements: (1) No outdoor overnight vehicle storage is permitted except as permitted by section 41-613.2. Ordinance No. NS-XXX Page 3 of _ 75B-4 (2) No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week. Section 5. Section 41-387 of Chapter 41 of the Santa Ana Municipal Code is added to read as follows: Sec. 41-387. Equipment Rental Yard-Operational Standards. Equipment Rental Yards shall comply with the following operational standards: (a) Any permitted Equipment Rental Yard shall be operated in a fashion so as to have no detrimental effect on lawful adjacent uses by reason of refuse matter, noise, light, vibration, or lack of property maintenance of grounds or buildings. (b) A solid decorative masonry wall not less than eight (8) feet in height shall be built and maintained along any rear or side lot line abutting property that is used, zoned, or designated on the General Plan for residential purposes. (c) Equipment, including stacked storage or displays, shall not exceed ten (10) feet in height when being stored or displayed on the site. (d) All parking, vehicle circulation, queuing, backing, and equipment loading must occur completely on-site. (e) Hours of operation shall be limited to 7 a.m. to 8 p.m. (f) Equipment, including stacked storage or displays, shall be stored or displayed entirely on-site, pursuant to any applicable approved site plan, but shall not be stored or displayed: (1) in any setback, improved or not, required pursuant to sections 41-368, 369, and 370; (2) in any required parking spaces, driveways, or pedestrian walkways; (3) so as to obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic; (4) so as to disrupt the normal function of the site or its circulation; Ordinance No. NS-XXX Page 4 of _ 75B-5 (5) on any public right-of-way. (h) All trash and debris generated by the storage of building materials, such as sand or gravel, must be contained on site. Section 6. Section 41-388 of Chapter 41 of the Santa Ana Municipal Code is added to read as follows: Sec. 41-388. Amortization of non-conforming Equipment Rental Yards. Any use of real property existing on the effective date of this ordinance, which meets the definition of Equipment Rental Yard as set forth in section 41-58 of this Code, but which was constructed, operated, and maintained in compliance with all regulations and design, development, and operational standards adopted by the City, shall be deemed a legal nonconforming use which may be continued until six months after the effective date of this ordinance. On or before such date, all such nonconforming aspects of such use shall be terminated or brought into full compliance with the operational requirements set forth in section 41- 387, with the exception of subsection (b). (a) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an equipment rental yard for a continuous period of one (1) year shall result in a loss of legal nonconforming status of such use. (b) Amortization--annexed property. Any equipment rental yard that was a legal use at the time of annexation of the property, but that does not conform to the regulations and design, shall be brought into compliance within one (1) year of the date of annexation. Section 7. Section 41-396 of Chapter 41 of the Santa Ana Municipal Code is amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 41-396. Operational standards in the C3 district. (a) All business activities in the C3 district shall be conducted or located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-395 and section 41-395.5, may be conducted outside of an enclosed building: (1) Plant nurseries. (2) Automobile sales and parking lots. Ordinance No. NS-XXX Page 5 of _ 75B-6 (g) ? ight equi,meRt reRtal Equipment Rental Yards. (4) Truck, trailer, tractor, and boat sales. (5) Newsstands. (6) Flower stands. (7) Recreational or entertainment uses. (b) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device. Section 8. 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. ADOPTED this day of _'2010 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge, Assistant City Attorney Ordinance No. NS-XXX Page 6 of _ 75B-7 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 7 of _ 75B-8 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 8, 2010 TITLE: PUBLIC HEARING - FILED BY THE CITY OF SANTA ANA TO AMEND PROVISIONS OF CHAPTER 41 ESTABLISHING OPERATIONAL STANDARDS FOR EQUIPMENT RENTAL YARDS (ZONING ORDINANCE AMENDMENT NO. 2010-02) Prepared by Karen Haluza Executive Director mffiwwmigim? RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO 4aA-0-? 4, -t LA-esin 4c-!m - Planning Manage Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2010-02 to amend Chapter 41 of the Santa Ana Municipal Code in order to establish a definition and operational standards for equipment rental yards. DISCUSSION Request of the Alag)licant The City of Santa Ana is requesting an amendment to Chapter 41 of the Santa Ana Municipal Code (SAMC) in order to create a definition for equipment rental yards and to establish operational standards for such facilities. Analysis of the Issues The Zoning Ordinance (Chapter 41) of the SAMC regulates permitted uses within the various Use Districts, or zones, established throughout the City. The C2 - General Commercial zone allows "equipment rental yards for light machinery" (Sec. 41-377 (e)) among the permitted uses for that zone. The code also allows "truck, boat and heavy equipment sales, rental, and service" in the M1 - Light Industrial (Sec. 41-472 (n)) and M2 - Heavy Industrial (Sec. 41-489) zones. Although there is meant to be a distinction between these two types of equipment rental establishments, the code does not provide a definition for these uses, nor does it provide operational standards for equipment rental yards. The purpose of this Zoning Ordinance Amendment request is to provide clarification as to what constitutes an "equipment rental yard," as well as to establish standards to ensure that the operation of such yards will not have a detrimental effect on permitted adjacent sensitive uses, such as residential neighborhoods, due to potential nuisances caused by refuse matter, noise, light, vibration, or lack of property maintenance of grounds or buildings. The first component of the requested action would be the creation of a definition for "equipment rental yards." This definition would read as follows: An equipment rental yard is a permanent establishment dedicated to the rental of building or construction tools, equipment, or other related 2 ??o e ZOA No. 2010-02 November 8, 2010 Page 2 supplies where the storage and display of said equipment and supplies may occur both within a structure, as well as in an outdoor yard area associated with said structure. This definition would apply to any equipment rental yard permitted in any zone (Exhibit 1). The second component of the requested action would establish operational standards for equipment rental yards in C2 zones in order to address noise, light and vibration; require adequate screening of the yard when it abuts residential property; prohibit the stacking of equipment or display of equipment above 10 feet in height; require that all business operations occur on site and not in the public right-of- way; restrict hours of operation; and ensure that all required landscape setbacks, parking spaces and drive aisles are kept free of equipment display and do not impede on-site circulation (Exhibit 1). These operational standards, if approved, would only apply to equipment rental yards located in the C2 - General Commercial zone and would not affect equipment rental yards in the Industrial zones. Operational standards for all uses, including equipment rental yards in the Industrial zones have already been established. Properties having the C2 - General Commercial zoning designation are generally located along major thoroughfares that serve as commercial corridors. It is often the case that such properties are immediately adjacent to residentially zoned properties. Both the General Plan and the SAMC address the need to buffer residential neighborhoods from any nuisance activities that may be generated by adjacent commercial operations. Operational standards and landscape buffers are two examples of ways in which the code seeks to minimize such impacts. As it is currently written, equipment rental yards in the C2 zone are excluded from having to operate entirely within an enclosed building, creating the potential for outdoor business operations to impact adjacent residential properties. The adoption of operational standards as described above would be consistent with the City's existing policies discouraging commercial intrusion into residential neighborhoods. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b) (3) of the CEQA Guidelines. This exemption is allowed when the activity, in this case the recommendation of adoption of the ordinance, follows the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The establishment of a definition and operational standards for equipment rental yards will not have a significant effect on the environment. A Notice of Exemption (Environmental Review No. 2010-134) will be filed for this project. Karen Haluza, AICP Planning Manager KH:jm WSW ReporWZOA 2010-02 Equipment Rental Standards, pc