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HomeMy WebLinkAbout11A - GYM AT 1945 E SEVENTENTH STORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING GYMNASIUMS AND HEALTH CLUBS AS PERMITTED USES IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT (ZOA NO. 2011-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The proposed Zoning Ordinance Amendment No. 2011-02 is to amend the permitted uses section of the Arterial Commercial (C5) zoning district (Santa Ana Municipal Code Section 41-424) to allow gymnasiums and health clubs as a permitted use. B. The proposed amendment supports the General Plan policies of encouraging viable commercial development along arterial streets, promoting rehabilitation of commercial properties, and supporting developments that are harmonious with existing development in the area. Uses such as health clubs and gymnasiums in this zoning district will further strengthen the City's commercial base and will provide support services to the surrounding neighborhoods. C. On March 28, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2011-02 to amend Section 41-424 of the Santa Ana Municipal Code to allow gymnasiums and health clubs in the Arterial Commercial (C5) zoning district. D. Zoning Ordinance Amendment No. 2011-02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on April 18, 2011. On April 18, 2011, the City Council of the City of Santa Ana continued the matter to May 2, 2011, for first reading to consider all testimony, written and oral. On May 2, 2011, the City Council of the City of Santa Ana approved by a vote of 6-0 (Pulido absent). E. The City Council adopts as findings all facts presented in the Request for Council Action dated April 18, 2011, accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2011-02 is hereby found and determined to be consistent with the General Plan of the 11 A-1 City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. Section 41-424 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in section 41- 424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. (j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Cyber cafes subject to compliance with the requirements of section 41-198.200. (1) Gymnasiums and health clubs. Section 3. 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, 11 A-2 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 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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 11 A-3 11 A-4