HomeMy WebLinkAbout75B - PH ZONING ORD AMND CH 41REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 7, 2017
TITLE:
PUBLIC HEARING —ZONING ORDINANCE
AMENDMENT NO. 2017-01 TO AMEND
CERTAIN SECTIONS OF CHAPTER 41 OF
THE SANTA ANA MUNICIPAL CODE — CITY
OF SANTA ANA, APPLICANT
(STRATEGIC PLAN NO. 3,2)
LCty MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1u Reading
❑ Ordinance on ed Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance approving Zoning Ordinance Amendment No. 2017-01.
PLANNING COMMISSION ACTION
At its regular meeting on October 9, 2017, the Planning Commission by a vote of 6:0 (Alderete
absent) recommended that the City Council adopt an ordinance approving Zoning Ordinance
Amendment No. 2017-01 to amend various sections of Chapter 41 of the Santa Ana Municipal
Code (SAMC) to allow farmers' markets as temporary outdoor activities with issuance of a land
use certificate and allow retail markets to operate between the hours of 12:00 a.m. and 5:00 a.m.
in the Commercial South Main (C -SM) zoning district. In addition, staff is proposing to amend
Chapter 41, the Harbor Mixed Use Transit Corridor Specific Plan (SP2), Metro East Mixed Use
Overlay Zone (MEMU), and Transit Zoning Code — Specific Development No. 84 (SD -84) to allow
tattoo and/or body art establishments. The Planning Commission recommended adoption of the
proposed zoning ordinance amendment with no changes to the proposed ordinance found in the
attached staff report (Exhibit A).
Staff is proposing to amend several sections of Chapter 41 of the SAMC to clarify and revise certain
standards, comply with changes in state laws, and respond to current economic trends.
The following provides a brief summary of the recommended solutions to the three key areas of
concerns identified by the Planning Division Staff and the public:
1. Farmers' Markets -Section 41-195.5 (h)
The proposed ordinance will allow farmers' markets in the various zones subject to the approval
of a land use certificate, similar to other temporary outdoor activities listed in Section 41-195 of
the SAMC. This amendment is intended to support the public health movement of the City by
75B-1
Zoning Ordinance Amendment No. 2017-01 — Update Various Sections of Chapter 41 of the
SAMC
November 7, 2017
Page 2
allowing additional opportunities to purchase organic and similarly healthy foods. Outdoor swap
meets are not allowed under this provision.
2. Retail Markets open between the hours of 12:00 a.m. and 5:00 a.m. - Section 41-522
The proposed amendment will allow retail markets having less than 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.
subject to the approval of a conditional use permit in the C -SM zone. This modification is a
business friendly amendment that will provide additional business opportunities and enhance
the retail activities along this corridor as well as making the C -SM zone consistent with the
C1, C2, C4 and C5 zones, which allow after hours operations with a CUP.
3. Tattoo and/or Body Art Establishments Sections 41-159, 41-159.5, 41-195.5, 41-199.3, 41-
365, 41-365.5, and 41-489.5 of SAMC, Table 3-2 of the Harbor Mixed Use Transit Corridor
Specific Plan (SP2), Table 3 of the Metro East Mixed Use Overlay Zone (MEMU), and Table
2A of the Transit Zoning Code — Specific Development No. 84 (SD -84)
Tattoo and/or body art establishments will be allowed by right in the zoning districts identified in
Table 1 below subject to development and operational standards noted in Table 2.
Various courts have ruled that tattoos, tattooing, and the business of tattooing are considered
a form of artistic expression and therefore protected under the First Amendment. These
rulings made it illegal for any jurisdiction in California to prohibit tattoo establishments and
determined that municipalities should ensure that there are sufficient locations in which tattoo
establishments may operate. The proposed amendment will bring the City's tattoo regulations
into compliance with laws regarding freedom of expression and will allow new tattoo
businesses to open in specific commercial areas by right.
Table 1: Tattoo and/or Body Art Establishment Allowed Zoning Districts
FZonin Document
FZonin Disfricts ,
Chapter 41 —Zoning
Community General Commercial
Planned Shopping
district shall be located within 500 feet of a public or private school (K-12)
Commercial C-1 C-2
Center C-4
Harbor Mixed Use Transit Corridor
Transit Node (South and North)
Corridor
Specific Plan SP -2
Metro East Mixed Use Overlay Zone
Village Center District
Active Urban District
MEMU
Transit Zoning Code — Specific
Transit Village
Downtown (DT)
Urban Center
Corridor (CDR)
Development No. 84 SD -84
TV
UC
FSu6 ect
[Standa[d in
Location and Placement
No tattoo and/or body establishment in the C-1, C-2, and C-4 zoning
district shall be located within 500 feet of a public or private school (K-12)
or public park as measured from the outermost boundary of the property to
75B-2
Zoning Ordinance Amendment No. 2017-01 – Update Various Sections of Chapter 41 of the
SAMC
November 7, 2017
Page 3
[Sutl-eCt -::
[Standard....
the entrance of the facility. This restriction is based at the time of issuance
of a business license and such future school or public park that may be
located within this 500 -foot zone will not cause the relocation of that tattoo
and/or body art establishment.
No tattoo and/or body art establishment in the C-1, C-2, and C-4 zoning
districts shall be located within 500 feet of another tattoo and/or body art
establishment.
Hours of Operation
No tattoo and/or body art establishment shall operate between the hours of
12:00 a.m. and 7:00 a.m., unless a Conditional Use Permit is approved.
Signage
Signage, advertising, or images depicting specific anatomical parts shall
not be placed on the windows or be visible to persons outside the facility.
A sign shall be posted on the door or in view of the entrance of the facility
stating that no person under the age of 18 is allowed on site, unless
accompanied by their parent or legal guardian.
Temporary Establishments or Events
This section does not authorize temporary establishments or events.
Temporary establishments or events are subject to approval of a Land Use
Certificate by the Planning Manager.
Additional Standards
Live animals, except service animals, shall not be allowed on the
remises.
The facility shall be designed to screen tattooing and/or body modifications
or similar services performed on a patron from persons outside the facilit
The applicant/operator of the tattoo and/or body art establishment shall
comply with all applicable state and local laws as they may be amended
from time to time, including Health and Safety Code Sections 119300 et
seq. (California Safe Body Art Act), Penal Code Sections 653 and 655 and
Chapter 18 of the SAMC.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 -
Objective #2 (create new opportunities for business/job growth
development through new General Plan and Zoning Ordinance policies).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Candida Neal, AICP—�
Acting Executive Director
Planning & Building Agency
AN:rb S:RFCA120M11-07-2017\ZOA17-01 Code Amendment REV
Exhibit: A. Planning Commission Staff Report
B. Ordinance
75B-3
Economic Development,
and encourage private
75B-4
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
.00TOBER 9, 2017
TITLE:
PUBLIC HEARING — FILED BY THE CITY
OF SANTA ANA FOR ZONING ORDINANCE
AMENDMENT NO. 2017-01 TO AMEND CERTAIN
SECTIONS OF CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE.(STRATEGIC PEAN NO.3; 2).
-Prepared by Ann Hsin-An Ni
Acting Executive Di ector
RECOMMENDEII ACTION
PLANNING COMMISSION SECRETARY
APPROVED
D As Recommended
'D As Amended
D. Set Pubtic Hearing For
DENIED
D Apoicant's Request
CI Staff 'Recommendation
CONTINUED TO
U4
Actir Plann ,g, Manager
Recommend that the City Council adopt: an'ordinance`approying Zoning Ordinance Arimendmeht.
No. 2017-01 to revise certain sections of Chapter 41 (Zoning) of the .Santa Ana Municipal Code
(SAMC).
Executive Summary
Earlier this year, staff began work on a series of zoning code -revisions intended to streamline the
development process and update outdated.code provisions. The first series, of.improvements were,
approved by the Council in September' 2017. This second set of improvements to the Zoning
Code is aimed, at addressing outdated sections of the code: Staff is proposing to. amend sections
of Chapter 41 of the SAMC to allow certified farmers'. markets as.temporary outdoor activities with
issuance of a land use certificate and allow retail markets to operate between.the hours of 12:00
a.m. and 5:00 a.m. in the Commercial 'South Main (C -SM) zoning district. In addition, staff is
proposin,"g to amend Chapter 41, the Harbor: Mixed Use Transit Corridor Specific Plan (SP2), Metm
East, Mixed Use Overlay Zone (MEMU), and Transit Zoning Code — Specific Development No,, 84
(SD-84)'to allow tattoo and/or body art establishments.
Proiect Background
Staff is proposing the following amendments in order to address outdated code sections, respond
to current'economic and social trends, and to comply with"recent court cases. Currently, farmers'
.markets are not allowed in any zone, with temporary stands for the sale of.agricultural or farming
products only allowed in the General Agricultural (Al) zone. The proposed changes will allow
certified farmers' markets as temporary outdoor activities in specific commercial zones subject to the'
approval of a land use certificate. This will help advance the City's goal of increasing citizen access to
healthy foods and becoming a more sustainable city.
EXHIBIT A
75B-5
Zoning Ordinance Amendment No. 2017-01
October 9, 2017
Page 2
In addition, staff is proposing to allow retail markets that are less than 20,000 square feet in size and
are -Within the South Main Commercial (C-SM)•zoning district the ability to operate between the hours
of 12:00 a.m. and 5:00 a.m. subject to the approval of a conditional use permit (CUP). This actio_ n will
make theC-SM zone consistent with the C1, C2, C4 and C5_ zoning districts.
Lastly, staff is proposing to allow tattoo and/or body ,art establishments' by -right in :certain zoning
districts. Currently, tattoo establishments are only allowed in.the Heavy Industrial (M-2) zone with
approval of a CUP.
in 201{), the United.States Court of Appeals ruled that tattoos, tattooing,_ and the business of tattooing
are considered a form of artistic expression and therefore. protected, under the First Amendment. This
it
decision made illegal for any jurisdiction In California to prohibit 'tattoo establishments. More
recently, a{ the beginning of this'year, Court of Appeals also determined that municipalities should
ensure that there aresufficient locations in which tattoo, establishments may operate. The proposed
tattoo amendments will bring the City's tattoo regulations into compliance with laws regarding
freedom'of expression and will allow new tattoo businesses to,open in Santa Ana.
Project Analysis
Staff is proposing several amendments to Chapter 41 of the SAMC. The amendments identified
below are the second of.several amendments that will be made to the Code until the General Plan
update is completed -and a comprehensive'Zoning Code update -commences. The following provides
a brief summary of the recommended amendments to the three key areas;of,concerns identified ;by
the Planning Division staff and.the.public:
1. Farmers" Markets -Section 41-195.5 (h)'
The proposed ordinance. will allow certified farmers' markets in the commercial and industrial
zones subject to the approval of a land use certificate, similar to other temporary outdoor activities
listed In Section 41-195 of the SAMC. Thls.amendment is Intended to support the public health
movement of the City.
2. Retail Markets open between the hours of 12:00 a.m. and 5:00 a.m. Section 41-522
The proposed amendment will allow retail markets having less than 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. subject to
the approval of a conditional use permit in the C -SM zone. This modification will make the•C-
SM zone consistent with the C1, C2, C4.and C5 zones, which allow after hours operations with
a CUP.
75B-6
Zoning`Ordinance Amendment No. 2017-0.1
October:9„2017
Page 3
3. Tattoo and/or'Body Art Establishments Sections 41-159, 41-.159.5, 41-195.5, 41-199.3, 41-365,
41-365.5, and 41-489.5 of SAMC, Table 3-2 of the Harbor Mixed Use Transit Corridor Specific
Plan (SP2), Table 3 of the -Metro East Mixed Use IOverlay Zone (MEMU), and Table 2A of "the.
Transit Zoning Code -Specific Development No. 84(SD-84)
Tattoo and/or bodyart establishments will :be allowed by right.in, the zoning districts mentioned in
Table 1 but.will t%e.subject to the development and operational.standards below:
Table 1 • Tattoo andlor Body Art Establishment Allowed Zoning Districts
Zoning, Document
Zoning. Districts
Chapter 41 –Zoning
Community
General Commercial
Planned Shopping
CommercialC-1
sCC-2),
Center (C 4}
Harbor, Mixed Use Transit Corridor
Transit Node (South and North)
Corridor
Specific Plan SP -2
body art establishment:
Metro East Mixed Use Overlay Zone
Village Center District
Active Urban District
MEMU
No tattoo;andlor body art establishment shalt be located beyond the ground
TransitZoning Code – Specific
Transit Village
Dcwntovm (DT)
Urban Center
Corridor(CDR)
-Development No. 84 (SD-84)
T.V
be placed'on the windows or be visible to persons outside the'facility.
UC
A sign shall be posted on the door or in view of the entrance' of the facility
Table 2 Development and Operational` Standards for Tattoo and/or Body Art Establishments
Subject
Standard
Location and Placement
No tattoo andlor body establishment in the C-1, C=2, and C-4 zoning district
shall be located within 500-feetbf a' public or private school (K-12) or public.
park as measured from the outermost boundary, of the property -to the
entrance of the facility. This restriction is based -at the time of issuanceofa
business license and such'future'school-or public park that may be located
within this 500 -foot zone will not cause the relocation of that tattoo andlor
body art establishment:
No tattoo andlor body art, establishment in the C-1, C-2, and C-4 zoning
districlsahall b_e located within 500 feet of another tattoo andlor body"'Wit
establishment.
No tattoo;andlor body art establishment shalt be located beyond the ground
floor of a fiuiidin' ..
Hours of Operation
No tatloo.andlor body art.establisiment shall operate between the,hours'of,
12:00 a.m`. and 7:00 a.m. unless a Conditional.Use Permit is ap roved.
Signage._
Signage, advertising, or Images depicting specific anatomical'parts shall not
be placed'on the windows or be visible to persons outside the'facility.
A sign shall be posted on the door or in view of the entrance' of the facility
stating that, no person under the age of '18 is,allowed on site,•.unless
accom ahp ied by their parent or legal guardian. _
Temporary Establishments or Events
This section does not authorize temporary establishments or events.
Temporary establishments or events are subject io approval of -a Land Use
_
Certificate by the Planning Rtanager.
75B-7
Zoning Ordinance Amendment No. 2017-01
October 9, 2017
Page 4
to
not be allowed on the
I he applicant/operator of the tattoo' andlor body art. establishment .shall
comply with all applicable state and local laws as ,66y may be amended
from time to time, including Health and Safety Code Sections 119300 at
seq. (California Safe Body Art Act), Penal Code Sections 653.and 655 and
Chapter 18 of the SAMC.
community Feedback and Zoning and General Plan Subcommittee
On August 10, 2017, staff hosted a community meeting and presented an. overview of the history and
culture of tattooing, current city regulations, addressed how .other cities are addressing tattoo
establishments, discussed pro posed'regulations, and received comm"unity feedback -that was. taker)
into consideration by staff and used to draft the proposed ordinance. In addition to the community
meeting; staff created a survey that was posted on social.medla and the City's webpage and.was sent
via email using the City"'s'email blast piatform. A total of 131 surveys were completed by individuals,
-with the survey results used to. draft this ordinance.
On September 11, 2017; staff presented an in package of proposed amendments to Chapter41 to
the Zoning and General Plan Subcommittee, comprised of Commissioners Bacerra,.McLoughlin and
Mendoza. The"Zoning'and General Plan Subcommittee recommended minor changes and noted that:
the proposed amendments would create a user and business friendly version of Chapter 41 (Zoning)
of the. Santa Ana Municipal Code.
Table 3: CEQA, Strategic Plan Alignmont. and Public Notification & Community Outreach
CEQA
CEQAType
Exempt per Section 15061 b 3
Reason(s)
In accordance with the California Environmental Quality Act (CEQA) the recommended
Exempt or Analysis
action Is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects
covered by the general rule.that CEQA applies only to projects that have the potential for
causing a significant effect on the environment. Where it can be seen -with certainty -that
there is no possibility that the activity in question may have a significant effect on the
environment,therefore, the activity is not subject to CEQA.
_ ' Strategicplan All
Goal(s).and Policy(s)
Approval of this item supports the.Cilys efforts to meet Goal No. 3 - Economic Developriment,
Objective No. 2 (create new opportunities for businessrjob growth ;and encourage, private'
(development
_
through new General Plan and Zoning Ordinance' olicies).
Public Notification'& Cofnmunit 'Outreach
Required Measures
The proposed amendments are citywide and the project site is not located within the boundaries
of one single neighborhoodassociation. However, a notice was published in the Orange County
Register. At the time of this printing, no correspondence, by phone, written. or electronic, has
been received from any members of the public.
75B-8
Zoning. Ordinance Amendment No, - -20 1. 7r,6-1.
,October'9,,2017
Page 5
conclusion
Based on t . he analysis provided vvithi - n, this report, staff recommends that the :Planning Commission
re . pommojgthatAhO GOrCOU 0C.H.'apprpveloning Ordinance Arnendhie.nt, No. 2,017-01.
SIPCQ0I710-9-201MA17-01 Code Mlandillo,AIZOA No. 2017 -W -6c
Exhibit; -1. Proposed Draft.Ordinahce'
75B-9
ORDINANCE NO. NS -XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-159, 41-159.5,
41-195.5, 41-199.3, 41-365.5, 41-365, 41-489.5 AND 41-522
OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE
(SAMC), TABLE 3-2 OF THE HARBOR MIXED USE
TRANSIT CORRIDOR SPECIFIC PLAN (SP2), TABLE 3 OF
THE METRO EAST MIXED USE OVERLAY ZONE (MEMU),
AND TABLE 2A OF THE TRANSIT ZONING CODE —
SPECIFIC DEVELOPMENT NO. 84 (SD -84)
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. Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning)
have been revised periodically over the last several years to respond to
changes in development, to adopt new permitting procedures, and to comply
with changes to state and federal laws. In a continuing effort to establish high-
quality development standards and to create a user-friendly environment for
residents and the business community within the city, the Planning Division is
proposing revisions to various sections of the Zoning Code.
B. After a thorough analysis of the current code requirements in the city, staff
identified a number of code amendments and additions that are necessary to
ensure clear, uniform, and legally consistent regulations. The proposed
changes and additions will enable the City to implement a regulatory
framework that both protects the health, safety, and welfare of the city and
limits undue strain on the Santa Ana community.
C. Zoning Amendment No. 2017-01 amends Sections 41-159, 41-159.5, 41-
195.5, 41-199.3, 41-365, 41-365.5, 41-489.5 and 41-522 of Chapter 41 of the
Santa Ana Municipal Code (SAMC) and sections of the Harbor Mixed Use
Transit Corridor Specific Plan (SP2), the Metro East Mixed Use Overlay Zone
(MEMU), and the Transit Zoning Code — Specific Development No. 84 (SD -
84).
D. On October 9, 2017, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2017-01 to amend Sections 41-159, 41-159.5,
41-195.5, 41-199.3, 41-365, 41-365.5, 41-489.5 and 41-522 of Chapter 41 of
the Santa Ana Municipal Code (SAMC) and sections of the Harbor Mixed Use
Transit Corridor Specific Plan (SP2), the Metro East Mixed Use Overlay Zone
(MEMU), and the Transit Zoning Code — Specific Development No. 84 (SD -
84).
EXHIBIT 1
75B-10
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the State CEQA guidelines, the adoption of this ordinance is exempt from CEQA review
pursuant to California Environmental Quality Act Section 15061(b)(3), and a Notice of
Exemption will be filed upon adoption of this ordinance.
Section 3. Section 41-159 (Tattoo and/or Body Art Establishments) of SAMC
is hereby amended to read as follow:
Sec. 41-159. — ThFift ShOp, purGhase and loan, pawRshop. Tattoo and/or Body A
Establishment
A thFift shep, PLIFGhase and loan, OF paWRGhGp is a Fetail establishment that sells 9
Any facility that includes any of the following activities:
(a)
sterilization area "Body art establishments" does not include a facility that
only pierces the ear with a disposable single -use presterilized clasp and
stud or solid needle that is applied using a mechanical device to force the
needle or stud through the ear.
(b) "Body art" means the body piercing tattooing branding or application of
permanent cosmetics.
(c) 'Body piercing' means the creation of an opening in a human body for the
purpose of inserting jewelry or other decoration. 'Body piercing' includes
the piercing of an ear, including the tragus; lips tongue; nose: eyebrow; or
clasp or solid needle that is applied using a mechanical device to force the
needle or stud through the ear.
(d) `Branding' means the process in which a mark or marks are burned into
human skin tissue with a hot iron or other instrument, with the intention of
leaving a permanent scar.
(e) "Permanent cosmetics" means the application of pigments in human skin
tissue for the purpose of permanently changing the color or other
appearance of the skin. This includes permanent eyeliner, eyebrow, or Iia
color. Permanent cosmetics if done as an ancillary use within a beauty
salon or spa is not subject to the standards and restrictions in Section 41-
199.3. -Tattoo and/or BodV Art Establishments.
(f) 'Tattooing' means the insertion of pigment in human skin tissue by piercing
with a needle.
75B-11
Section 4. Section 41-159.5 (Thrift shop, purchase and loan, pawnshop) of
SAMC is hereby amended to read as follow:
Sec. 41-159.5 — Thrift shoo purchase and loan pawnshop
A thrift shoo purchase and loan or pawnshop is a retail establishment that sells or
Purchases secondhand articles or provides loans secured by secondhand articles
Section 5. Section 41-195.5 (Temporary outdoor activities) of SAMC is hereby
amended to read as follow:
Sec. 41-195.5. - Temporary outdoor activities.
Notwithstanding any other provision of this chapter, the following activities may be
conducted in any C1, C1 -MD, C2, C4, C5, M1, M2, CSM, GC, P, SD with commercial
use, or SP with commercial use district and are not required to be carried on within an
enclosed building, provided they are carried on in accordance with the limitations
hereinafter set forth, and provided a land use certificate is first obtained in accordance
with sections 41-675 through 41-677:
a. Bazaars, fiestas and fund-raising events, provided the activities do not occur
on the same lot more frequently than six (6) days in any one-year period, do
not continue on the same lot for more than three (3) successive days, do not
begin earlier than 10:00 a.m. and do not continue past 10:00 p.m. Monday
through Saturday and do not begin earlier than 11:00 a.m. and do not
continue past 9:00 p.m. on Sunday. Provided, however, activities in the SD65
district and museum and science center activities in the C1 -MD district, may
not occur more frequently than one (1) time per month, do not continue on the
same lot for more than three (3) successive days and are not held more than
twelve (12) times per year.
b. Rummage sales, promotional events, sidewalk or parking lot sales, and
temporary sales booths, provided the activities do not occur on the same lot
more frequently than six (6) days in any one-year period and do not continue
on the same lot for more than two (2) successive days.
c. Mobile library, medical and veterinary units, provided activities are not
conducted on the same lot for more than six (6) days in any one-year period,
do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m.
d. Outdoor auctions, provided that activities are not conducted on the same lot
more frequently than four (4) days in any one-year period, do not begin earlier
than 8:00 a.m., and do not continue past 5:00 p.m.
e. Seasonal activities for uses such as, but not limited to, fireworks stands,
pumpkin lots and Christmas tree lots, provided that pumpkin lots do not set up
more than thirty (30) days prior to Halloween and are removed within one (1)
75B-12
day after Halloween, Christmas tree lots do not set up more than thirty (30)
days prior to Christmas and are removed within one (1) day after Christmas
and fireworks stands are in compliance with chapter 14, article II of this Code.
f. Carnivals, circuses, radio or d.j. remotes and outdoor music concerts,
provided the following conditions are met:
1. The activity is not conducted on the same lot for more than five (5)
successive days in any one-year period and may not occur more than
five (5) days in any one-year period.
2. Hours of activities shall not begin earlier than 10:00 a.m. and do not
continue past 11:00 p.m. Monday through Saturday and do not begin
earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday.
3. Off-street parking shall be provided in the manner prescribed in article
XV of the Santa Ana Municipal Code.
4. On-site circulation shall be maintained in a manner that will assure
efficient internal parking lot circulation. Also, lots shall assure that
vehicles need not exit on the street then re-enter the lot to find another
parking space.
5. No equipment and/or rides may be located on the lot of such activity
for more than forty-eight (48) hours prior to opening day.
6. All equipment and rides used for such activity must be removed within
twenty-four (24) hours of closing, day of activity.
7. Noise sources associated with construction, dismantling of equipment,
deliveries and rides, shall be permitted provided said activities do not
take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays,
Saturday or Sunday.
8. A 30 -foot setback clear of, but not limited to, equipment, booths,
stages and rides shall be maintained at all times along any property
line abutting residential uses.
9. The activity is subject to cancellation or additional conditions if
conducted in a manner detrimental to the health, safety, or welfare of
the community as determined by authorized City of Santa Ana
representatives including police, fire, public works, or downtown
development.
g. Temporary outdoor activities where alcohol sale or and/or consumption is
allowed.
1. All cooking: equipment (grills, barbecues, etc.) must be turned off one-
half ('/z) hour before the activity closure each evening.
75B-13
2. The sale, service and consumption of alcohol shall occur only within a
fenced -in area. This area shall be designated with appropriate signage
identifying it as such and shall be approved by the police department.
3. The applicant shall ensure that security personnel are on duty at all
times and monitoring the fenced -in area designated for the sale,
service and consumption of alcohol. Security personnel shall prevent
people from carrying alcoholic beverages outside the designated area
noted in 41-195.5(g)(2).
4. Advertising which indicates the availability of alcoholic beverages shall
be posted at the point of beverage dispensing only.
5. Alcoholic beverages shall be served in distinctive cups, which are
different from those used for non-alcoholic beverages.
6. No more than two (2) cups containing alcoholic beverages may be sold
to a customer at a time. All alcoholic beverages shall be sold in paper
or plastic cups and not in their original glass or metal containers.
7. The server is prohibited from selling alcoholic beverages to an
obviously intoxicated person.
8. The server is prohibited from consuming alcoholic beverages.
9. The sale, service and consumption of alcoholic beverages shall cease
one (1) hour prior the end of the activity.
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1. The ^FFfisant must pFevide a Minimum- seF of state I Gensed,
75B-14
h. Farmers markets provided the activities do not occur on the same lot more
7:00 a.m. and do not continue past 11:00 p.m.
L Mobile and temporary tattoo and/or body art events, provided activities are
not conducted on the same lot for more than six (6) days in any one-year
period do not begin earlier than 10:00 a.m. and do not continue past 11:00
p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and
do not continue past 9:00 p.m. on Sunday.
j. All temporary outdoor activities shall be subject to the following:
1. The applicant must provide a minimum number of state licensed,
representative during the application process These guards shall be
present from the opening of the activity until closing and all persons
have vacated the grounds. Under special circumstances city police
2. Security guards must carry a cellular phone.
3.
4. All security personnel shall have equipment enabling two-way
communication with other security personnel.
5. The applicant shall be required to pay for any additional police services
that may result from the activity.
6. Noise levels generated by the activity must remain under specified
S.A.M.C.levels.
7. The sale of tickets must cease thirty (30) minutes prior to the closure of
the activity daily.
75B-15
Section 6. Section 41-199.3 (Tattoo and/or Body Art Establishments) of SAMC
is hereby amended to read as follow:
Sec. 41-199.3. — Tattoo and/or Body Art Establishments
All tattoo/body modification establishments shall be subject to the following in addition
to all other requirements of the law:
No tattoo and/or body art establishment in the C-1 C-2 and C-4 zoning
districts shall be located within 500 feet of a public or private school (K-12) or
public park as measures from the outermost boundary of the property to the
entrance of the facility. This restriction is based at the time of issuance of a
business license and such future school or public park that may be located
within this 500 -foot zone will not cause the relocation of that tattoo and/or
body art establishment.
b. No tattoo and/or body art establishment in the C-1 C-2 and C-4 zoning
districts shall be located within 500 feet of another tattoo and/or body art
establishment.
c. No tattoo and/or body art establishment shall operate between the hours of
12:00 a.m. and 7:00 a.m.
d. Live animals, except service animals, shall not be allowed on the premises.
e. Temporary establishments or events are not authorized by this section
unless a Land Use Certificate is approved by the Planning Manager.
f. The facility shall be designed to screen tattooing and/or body modifications or
similar services performed on a patron from persons outside the facility.
Q
h. A sign shall be posted on or by each entrance stating that no person under 18
years old shall be allowed without parent or legal guardian.
75B-16
time including Health and Safety Code Sections 119300 et seq. (California
Safe Body Art Act), Penal Code Section 653 and 655 and Chapter 18 of this
Code.
Section 7. Section 41-365 (Community Commercial) of SAMC is hereby
amended to read as follow:
Sec. 41-365. - Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
a. Retail and service uses
b. Professional, administrative and business offices.
c. Automobile parking lots and parking structures.
d. Automobile sales, but excluding truck, trailer, tractor and boat sales
e. Churches and accessory church buildings.
f. Mortuaries.
g. Theaters.
h. Hospitals, clinics, and sanitariums.
i. Animal hospitals and veterinaries.
j. Plant nurseries.
k. Gymnasiums.
I. Golf courses, both regulation and miniature, and driving ranges.
m. Public utility structures, including electric distribution and transmission
substations.
n. Restaurants, cafes, and eating establishments, other than those specified
in Section 41-365.5.
o. Schools and studios operated for commercial or public purposes
p. Childcare facilities.
q. Service stations.
75B-17
r. Automobile servicing.
s. Cyber cafes, subject to compliance with the requirements of Section 41-
198.200.
t. Tattoo and/or Body Art Establishments subject to the development and
operational standards set forth in Section 41-199.3.
Section 8. Section 41-365.5 (Community Commercial) of SAMC is hereby
amended to read as follow:
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.
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.
75B-18
I. Adult day care facilities.
m. Superstores.
n. Tattoo and/or Body Art Establishments open at any time between the hours
of 12 a m and 7.00 a m subject to the development and operational
standards set forth in Section 41-199.3.
Section 8. Section 41-489.5 (Heavy Industrial) of SAMC is hereby amended to
read as follow:
Sec. 41-489.5. - Additional uses subject to a conditional use permit in the M2
district.
In addition to uses permitted subject to the issuance of a conditional use permit
pursuant to sections 41-489and 41-472.5, the following uses may be permitted in the
M2 district subject to the issuance of a conditional use permit:
a. Acid manufacturing.
b. Junkyards, automobile wrecking yards and salvage yards, and impound
yards.
c. Cement, lime, gypsum or plaster of paris manufacture.
d. Fertilizer manufacture.
e. Gas or acetylene manufacture.
f. Glue manufacture.
g. Smelting of tin, copper, zinc or iron ores.
h. Sites for the transfer, disposal or dumping of rubbish, garbage, trash, or
refuse.
L Tat
L Any facility where payment is offered for blood or plasma donations.
j. Crematories.
k. Hazardous waste treatment facilities.
I. Recycling facilities in excess of forty-five thousand (45,000) gross square
feet and in compliance with Section 41-1253 of this Code.
75B-19
Section 9. Section 41-522 (South Main Commercial District) of SAMC is
hereby amended to read as follow:
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.
c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
d. Thrift and resale stores, antique shops and collectable stores, excluding pawn
shops and auction houses.
e. Eating 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. Ancillary outdoor dining facilities located in the front yard area.
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.
j. Automobile repair and automobile servicing.
IN
5:00 a.m.
Section 10. Table 3-2 (Permitted Uses) of Harbor Mixed Use Transit Corridor
Specific Plan (SP -2) is hereby amended and attached hereto as Exhibit A and
incorporated by this reference as though fully set forth herein.
Section 11. Table 3 (Permitted Land Uses) of Metro East Mixed Use Overlay
Zone (MEMU) is hereby amended and attached hereto as Exhibit B and incorporated by
this reference as though fully set forth herein.
75B-20
Section 12. Table 2A (Use Standards) of Transit Zoning Code — Specific
Development No. 84 (SD -84) is hereby amended and attached hereto as Exhibit C and
incorporated by this reference as though fully set forth herein.
Section 13. If any section, subsection, 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, or portions be declared invalid or
unconstitutional.
ADOPTED this 21St day of November, 2017
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
0
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
75B-21
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2017, 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
75B-22
EXHIBIT A
TABLE 3-2 (PERMITTED USES)
HARBOR MIXED USE CORRIDOR SPECIFIC PLAN (SP -2)
Table 3.2. Permitted Uses
Joint SdrgMmr g Ruartraa
P (L)
P
P (2)
CUP
- N
CareForms
N
N
CUP
CUP
lJ
Singlefaraly darelfmg
Muhllamlls'tixeling5
(in building ppes 09 a titan a hand m Llv yklk)
fl
P(1)
N
P(1)
P
P
P
P
IJ
N ..
Cmlmunly assunty or OldouS laody
PR)
Plll
P
CUP
N
library, nWnmum
P
P
P
P
SPR
Pad( arrareation Lxiliy iolndaon
P
P
P
P
P
r,. -r... -a
Cnp
cup
N .'.
-"1(-.
P
Sc6vd
Pf) P(1) P CUP - :.N .
$iVJva P(3) P P CUP N
Thea'er, ®aerlu ca Wforming acts P P P N
Geooral mtaa P 43) P P P (2) _ N"
G..y, food narkel P(3) P P(3) P(2)
FaNrs.1aL ubmeN P 137 P P P (2) N j
Auto or mein vefikU Sales 'N N CUP N, -N' !
s.
Aum o mnmr which mrslm IJ N CUP N, N I
6rrnluel [.r>Try/raW'ugt-SnLjw1 b 4Um, 5
1.149.1 H Um, WPM WPM CUP (1) N N --y
Cali LLn-1.-.v than U am RP m li Onkfmn Pfll P P LUC
ChL'O
Chad dal wra Cer G 5 or mom chft.) P(1) P P CUP N 11f
Ilotal, eachtivtiaasanl rPsW,ntlal IWA61 am wwtam stay p P P N N l
Pu:cmal mi Pf31 P p P(2) N
er , es- eta -
EsmbL¢Mnm4-snbjN baL1993d Ne5ANC P P P
4vYt. 1'rLYa]I
amm, ralya a
Gax'rw. aemsf,
W
wua nal
e.n�n.n.n aParam.0 u�f.,aan la ar.r
nlearar en.w.asa.amwa..rnr.mra,
AtluW bu."vrss
LL3AuluavY 4rJualriW
Pu) P P
PU) P P
(4) P P SPR
P P P
PR
SPR I S
UP CUP
UP Cup
N N
ry — N
EXHIBIT B
75B-23
N
N
{
N I
N
N
N
P (2)
(J
ri
SPR
WP
SPR
WR
.n
500.
N
. a
TmmyaOdyArt
4vYt. 1'rLYa]I
amm, ralya a
Gax'rw. aemsf,
W
wua nal
e.n�n.n.n aParam.0 u�f.,aan la ar.r
nlearar en.w.asa.amwa..rnr.mra,
AtluW bu."vrss
LL3AuluavY 4rJualriW
Pu) P P
PU) P P
(4) P P SPR
P P P
PR
SPR I S
UP CUP
UP Cup
N N
ry — N
EXHIBIT B
75B-23
N
N
{
N I
N
N
N
P (2)
(J
ri
SPR
WP
SPR
WR
.n
500.
N
TABLE 3 (PERMITTED LAND USES)
METRO EAST MIXED USE OVERLAY ZONE (MEMU)
75B-24
�—p£
JvIF-
ie
ResidanBvl Usas
R.e/N'al U.lh
I P
I P
I P
I N
S:Ipoiv pvelbud R:s drrlilmi
h1t41rfar$y Pn47er:A1
P
N
P
N
NomRasldanliul Usos
/.I g�0r,t�mJ ssm1m rd.,iug. W ra4� mil n:
FfomgvyIry;fs:epl:sx}6d-Y-Phy,obl
mL.PaF1�Y: r raaJc aro4lm+f. 6l�afA.a4g v i ICLIP4,
P
P
P
P
1na"'Alil�mew.[m�.iw:wmml
N
P
P
P
02 br k,mvhYvSr hews gxravon
B�iRlea
N
P
P
P
Pst+�ard Sn.ix un
N
P
P
P
Pmbssx.^J,odrh smY,e mAb.n iresa d=m•
P
P
P
P
OAJ.faA6
P
P
P
P
G,r- ''.s ari h,,N dots
N
P
P
CU'
I,...
N
P
P
GIN
Hrbor/wdm enienx'amxn
N
P
P
P
Gl d dr
Smv Aw ldu.slpd Cale
rt Establishments
N
P
P
N
Sugactbsscvon al-ssw.Cade
¢tMa
M,-,bUd..
ov
N
P
P
P
5tavdvadaUdm._+a
N
IJ
tJ
N
75B-24
EXHIBIT C
TABLE 2A (USE STANDARDS)
TRANSIT ZONING CODE - SPECIFIC DEVELOPMENT NO. 84 (SD -84)
Table 2A - Use Standards
CUP
Permit Required by Zone
Land Use Type
CDR .USN UN -1
ear toKey to Zone Symbo Is table on fDiIOWknff page lot zone description and use notations
RESIDENTIAL
Live.Wark Use / Joint living -working quarters P (2) P (2) P (2) P (2) CUP
CUP
Care Homes CUP CUP CUP CUP CUP
CUP
Single Dwelling — — — P
P
M.ld-Family Dwelling. P 0) P 0) p (1) P (1) P
P
EDUCATION AND ASSEMBLY
Community assembly
P(1)
P (1)
P (I)
P
CUP CUP
Health/Rtness facility
P
P I
P
P
CUP —
Library, museum
P
P
p
P
P CLIP
Schools
P (1)
P (1)
P (1)
P
CUP CUP
Studio
P
P
P
P
CUP CUP
Theater, clnem a or Performing arts
P
P
P
P
— --
Commercial Recreation (Indoor)
CUP
CUP
CUP
—
— ---
RETAIL
General retail, except whh any ofthe following Poawres P P P I P P(2) —
Floor area over 20,000 per tenant CUP CUP P
Cup
Eating establish ments P P P P(2)-
Autoormotorvehtdeservica — I — I P P — —
SERVICE GENERAL
Banquet facility/catering-sub. to 41.199.1(a) through (d)
CUP
CUP
CUP
CUPM — —
Child day care- morethan 8 and up to 14 children
P (3)
P (3)
P
P LUC(2) LUC
Child day care center
P (3)
P (3)
P
P CUP CUP
Adult day un cancer...bled to 41.199.2 fthe SAMC
P (3)
P (3)
P
P P —
Hotel, eicL vanslent resid.mlal hotel and Iangtemi stay
P
P
P
P — —
Mortuaries,funeralhomes
—
—
CUP
P — —
Penonal services
P
P
P
P P(2) P (2)
T.ttoo)Body AREsubGshments-subjeato a1.199.3 of SM1NC
p
P
P
P ---
75B-25
75B-26
ORDINANCE NO. NS -XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-159, 41-159.5,
41-195.5, 41-199.3, 41-365.5, 41-365, 41-489.5 AND 41-522
OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE
(SAMC), TABLE 3-2 OF THE HARBOR MIXED USE
TRANSIT CORRIDOR SPECIFIC PLAN (SP2), TABLE 3 OF
THE METRO EAST MIXED USE OVERLAY ZONE (MEMU),
AND TABLE 2A OF THE TRANSIT ZONING CODE —
SPECIFIC DEVELOPMENT NO. 84 (SD -84)
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:
Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning)
have been revised periodically over the last several years to respond to
changes in development, to adopt new permitting procedures, and to comply
with changes to state and federal laws. In a continuing effort to establish high-
quality development standards and to create a user-friendly environment for
residents and the business community within the city, the Planning Division is
proposing revisions to various sections of the Zoning Code.
2. After a thorough analysis of the current code requirements in the city, staff
identified a number of code amendments and additions that are necessary to
ensure clear, uniform, and legally consistent regulations. The proposed
changes and additions will enable the City to implement a regulatory
framework that both protects the health, safety, and welfare of the city and
limits undue strain on the Santa Ana community.
3. Zoning Amendment No. 2017-01 amends Sections 41-159, 41-159.5, 41-
195.5, 41-199.3, 41-365, 41-365.5, 41-489.5 and 41-522 of Chapter 41 of the
Santa Ana Municipal Code (SAMC) and sections of the Harbor Mixed Use
Transit Corridor Specific Plan (SP2), the Metro East Mixed Use Overlay Zone
(MEMU), and the Transit Zoning Code — Specific Development No. 84 (SD -
84).
4. On October 9, 2017, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2017-01 to amend Sections 41-159, 41-159.5,
41-195.5, 41-199.3, 41-365, 41-365.5, 41-489.5 and 41-522 of Chapter 41 of
the Santa Ana Municipal Code (SAMC) and sections of the Harbor Mixed Use
Transit Corridor Specific Plan (SP2), the Metro East Mixed Use Overlay Zone
(MEMU), and the Transit Zoning Code — Specific Development No. 84 (SD -
84).
Ordinance No. NS-xx
Exhibit IS Page 1 of 17
75B-27'
5. On November 7, the City Council held a duly noticed public hearing on Zoning
Ordinance Amendment No. 2017-01 to amend Sections 41-159, 41-159.5,
41-195.5, 41-199.3, 41-365, 41-365.5, 41-489.5 and 41-522 of Chapter 41 of
the Santa Ana Municipal Code (SAMC) and sections of the Harbor Mixed Use
Transit Corridor Specific Plan (SP2), the Metro East Mixed Use Overlay Zone
(MEMU), and the Transit Zoning Code — Specific Development No. 84 (SD -
84).
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the State CEQA guidelines, the adoption of this ordinance is exempt from CEQA review
pursuant to California Environmental Quality Act Section 15061(b)(3), and a Notice of
Exemption will be filed upon adoption of this ordinance.
Section 3. Section 41-159 (Thrift shop, purchase and loan, pawnshop) of the
SAMC is hereby amended to read as follows:
Sec. 41-159. — ThFift ShOp, puFohase and loan, pawnshop-. Tattoo and/or Body A
Establishment
A thFift shop, p6iFGhase and leaR, er paWRGh9P is a Fetail establishment that sells a
Any facility that includes any of the following activities:
(a) "Body art establishments" means any specified building section of a
sterilization area. `Body art establishments' does not include a facility that
needle or stud through the ear.
(b) "Body art" means the body piercing tattooing branding or application of
Permanent cosmetics.
(c)
needle or stud through the ear.
(d)"Branding" means the process in which a mark or marks are burned into
human skin tissue with a hot iron or other instrument, with the intention of
leaving a permanent scar.
(e) "Permanent cosmetics" means the application of pigments in human skin
tissue for the purpose of Permanently changing the color or other
Ordinance No. NS-xx
Page 2 of 17
75B-28
appearance of the skin This includes permanent eyeliner, eyebrow, or lip
color. Permanent cosmetics if done as an ancillary use within a beauty
salon or spa is not subject to the standards and restrictions in Section 41-
199.3
1-199 3 -Tattoo and/or Body Art Establishments.
(f) "Tattooing' means the insertion of pigment in human skin tissue by piercing
with a needle.
Section 4. Section 41-159.5 is hereby added to the SAMC to read as follows:
Sec 41-159.5 — Thrift shop purchase and loan, pawnshop.
A thrift shop purchase and loan or pawnshop is a retail establishment that sells or
purchases secondhand articles or provides loans secured by secondhand articles.
Section 5. Section 41-195.5 (Temporary outdoor activities) of the SAMC is
hereby amended to read as follows:
Sec. 41-195.5. - Temporary outdoor activities.
Notwithstanding any other provision of this chapter, the following activities may be
conducted in any C1, C1 -MD, C2, C4, C5, M1, M2, CSM, GC, P, SD with commercial
use, or SP with commercial use district and are not required to be carried on within an
enclosed building, provided they are carried on in accordance with the limitations
hereinafter set forth, and provided a land use certificate is first obtained in accordance
with sections 41-675 through 41-677:
a. Bazaars, fiestas and fund-raising events, provided the activities do not occur
on the same lot more frequently than six (6) days in any one-year period, do
not continue on the same lot for more than three (3) successive days, do not
begin earlier than 10:00 a.m. and do not continue past 10:00 p.m. Monday
through Saturday and do not begin earlier than 11:00 a.m. and do not
continue past 9:00 p.m. on Sunday. Provided, however, activities in the SD65
district and museum and science center activities in the C1 -MD district, may
not occur more frequently than one (1) time per month, do not continue on the
same lot for more than three (3) successive days and are not held more than
twelve (12) times per year.
b. Rummage sales, promotional events, sidewalk or parking lot sales, and
temporary sales booths, provided the activities do not occur on the same lot
more frequently than six (6) days in any one-year period and do not continue
on the same lot for more than two (2) successive days.
c. Mobile library, medical and veterinary units, provided activities are not
conducted on the same lot for more than six (6) days in any one-year period,
do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m.
Ordinance No. NS-xx
Page 3 of 17
75B-29
d. Outdoor auctions, provided that activities are not conducted on the same lot
more frequently than four (4) days in any one-year period, do not begin earlier
than 8:00 a.m., and do not continue past 5:00 p.m.
e. Seasonal activities for uses such as, but not limited to: fireworks stands,
pumpkin lots and Christmas tree lots, provided that pumpkin lots do not set up
more than thirty (30) days prior to Halloween and are removed within one (1)
day after Halloween, Christmas tree lots do not set up more than thirty (30)
days prior to Christmas and are removed within one (1) day after Christmas
and fireworks stands are in compliance with Chapter 14, Article II of this
Code.
f. Carnivals, circuses, radio or d.j. remotes and outdoor music concerts,
provided the following conditions are met:
1. The activity is not conducted on the same lot for more than five (5)
successive days in any one-year period and may not occur more than
five (5) days in any one-year period.
2. Hours of activities shall not begin earlier than 10:00 a.m. and do not
continue past 11:00 p.m. Monday through Saturday and do not begin
earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday.
3. Off-street parking shall be provided in the manner prescribed in Article
XV of the Santa Ana Municipal Code.
4. On-site circulation shall be maintained in a manner that will assure
efficient internal parking lot circulation. Also, lots shall assure that
vehicles need not exit on the street then re-enter the lot to find another
parking space.
5. No equipment and/or rides may be located on the lot of such activity
for more than forty-eight (48) hours prior to opening day.
6. All equipment and rides used for such activity must be removed within
twenty-four (24) hours of closing, day of activity.
7. Noise sources associated with construction, dismantling of equipment,
deliveries and rides, shall be permitted provided said activities do not
take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays,
Saturday or Sunday.
8. A 30 -foot setback clear of, but not limited to, equipment, booths,
stages and rides shall be maintained at all times along any property
line abutting residential uses.
9. The activity is subject to cancellation or additional conditions if
conducted in a manner detrimental to the health, safety, or welfare of
Ordinance No. NS-xx
Page 4 of 17
75B-30
the community as determined by authorized City of Santa Ana
representatives including police, fire, public works, or downtown
development.
g. Temporary outdoor activities where alcohol sale or and/or consumption is
allowed.
1. All cooking: equipment (grills, barbecues, etc.) must be turned off one-
half ('/2) hour before the activity closure each evening.
2. The sale, service and consumption of alcohol shall occur only within a
fenced -in area. This area shall be designated with appropriate signage
identifying it as such and shall be approved by the police department.
3. The applicant shall ensure that security personnel are on duty at all
times and monitoring the fenced -in area designated for the sale,
service and consumption of alcohol. Security personnel shall prevent
people from carrying alcoholic beverages outside the designated area
noted in 41-195.5(g)(2).
4. Advertising which indicates the availability of alcoholic beverages shall
be posted at the point of beverage dispensing only.
5. Alcoholic beverages shall be served in distinctive cups, which are
different from those used for non-alcoholic beverages.
No more than two (2) cups containing alcoholic beverages may be sold
to a customer at a time. All alcoholic beverages shall be sold in paper
or plastic cups and not in their original glass or metal containers.
The server is prohibited from selling alcoholic beverages to an
obviously intoxicated person.
8. The server is prohibited from consuming alcoholic beverages.
9. The sale, service and consumption of alcoholic beverages shall cease
one (1) hour prior the end of the activity.
Ordinance No. NS-xx
Page 5 of 17
75B-31
Nov
h. Farmers markets, provided the activities do not occur on the same lot more
frequently that fifty-two (52) days in any one-year period do not continue on
the same lot for more that two (2) successive days do not begin earlier than
7:00 a.m. and do not continue past 11:00 p.m
1. On-site circulation shall be maintained in a manner that will assure
emergency vehicle circulation.
2. Adequate trash containers and toilet facilities shall be provided
during the hours of operation.
9
only, "cleaned" shall include, but not be limited to: the removal of
stalls, retail items, debris and trash used or generated in
conjunction with market activities.
L Mobile and temporary tattoo and/or body art events P�ovjded activities are
not conducted on the same lot for more than six (6) days in any one-year
period, do not begin earlier than 10:00 a.m. and do not continue past 11.00
P.m. Monday through Saturday and do not begin earlier than 11.00 a.m. and
do not continue past 9:00 p.m. on Sunday.
j. All temporary outdoor activities shall be subject to the following:
The applicant must provide a minimum number of state licensed
uniformed security guards for each day of the activity. This minimum
number is to be determined by the chief of police or his authorized
representative during the application process These guards shall be
present from the opening of the activity until closing and all persons
have vacated the grounds Under special circumstances city police
Ordinance No. NS-xx
Page 6 of 17
75B-32
officers may be required in addition to the security guards. The
applicant will bear the cost of the police officers.
2. Security guards must carry a cellular phone.
3. All personnel serving as security guards must wear attire such as a
racket shirtvest etc that clearly identifies them as security.
4. All security personnel shall have equipment enabling two-way
communication with other security personnel.
5.
6. Noise levels generated by the activity must remain under specified
levels set forth in the Santa Ana Municipal Code.
7. The sale of tickets must cease thirty (30) minutes prior to the closure of
the activity daily.
Section 6. Section 41-199.3 (Tattoo and/or Body Art Establishments) is hereby
added to the SAMC to read as follows:
Sec. 41-199.3. — Tattoo and/or Body Art Establishments
All tattoo/body modification establishments shall be subject to the following, in addition
to all other requirements of the law:
91
public park as measures from the outermost boundary of the property to the
entrance of the facility. This restriction is based at the time of issuance of a
business license and such future school or public park that may be located
within this 500 -foot zone will not cause the relocation of that tattoo and/or
body art establishment.
b. No tattoo and/or body art establishment in the C-1 C-2, and C-4 zoning
districts shall be located within 500 feet of another tattoo and/or body art
establishment.
c. No tattoo and/or body art establishment shall operate between the hours of
12:00 a.m. and 7:00 a.m.
d. Live animals except service animals shall not be allowed on the premises.
Ordinance No. NS-xx
Page 7 of 17
75B-33
e.
f. The facility shall be designed to screen tattooing and/or body modifications or
similar services performed on a patron from persons outside the facility.
g. Signage advertising or images depicting specific anatomical parts shall not
be placed in the windows or be visible to persons outside the facility.
h. A sign shall be posted on or by each entrance stating that no person under 18
years old shall be allowed without parent or legal guardian
i. The applicant/operator of the Tattoo and/or Body Art Facility shall also comply
with all applicable state county and local laws as they may be amended from
time to time. including Health and Safety Code Sections 119300 et sea
Section 7. Section 41-365 (Community Commercial) of the SAMC is hereby
amended to read as follows:
Sec. 41-365. - Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
a. Retail and service uses
b. Professional, administrative and business offices.
c. Automobile parking lots and parking structures.
d. Automobile sales, but excluding truck, trailer, tractor and boat sales
e. Churches and accessory church buildings.
f. Mortuaries.
g. Theaters.
h. Hospitals, clinics, and sanitariums.
L Animal hospitals and veterinaries.
j. Plant nurseries.
Ordinance No. NS-xx
Page 8 of 17
75B-34
k. Gymnasiums.
I. Golf courses, both regulation and miniature, and driving ranges.
m. Public utility structures, including electric distribution and transmission
substations.
n. Restaurants, cafes, and eating establishments, other than those specified
in Section 41-365.5.
o. Schools and studios operated for commercial or public purposes
p. Childcare facilities.
q. Service stations.
r. Automobile servicing.
s. Cyber cafes, subject to compliance with the requirements of Section 41-
198.200.
t. Tattoo and/or _Body Art Establishments subject to the development and
Section 8. Section 41-365.5 (Community Commercial) 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, 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.
Ordinance No. NS-xx
Page 9 of 17
75B-35
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.
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.
I. Adult day care facilities.
m. Superstores.
n. Tattoo and/or Body Art Establishments open at any time between the hours
Section 9. Section 41-489.5 (Heavy Industrial) of the SAMC is hereby
amended to read as follows:
Sec. 41-489.5. - Additional uses subject to a conditional use permit in the M2
district.
In addition to uses permitted subject to the issuance of a conditional use permit I
pursuant to sections 41-489 and 41-472.5, the following uses may be permitted in the
M2 district subject to the issuance of a conditional use permit: j
a. Acid manufacturing.
b. Junkyards, automobile wrecking yards and salvage yards, and impound
yards.
c. Cement, lime, gypsum or plaster of paris manufacture.
d. Fertilizer manufacture.
e. Gas or acetylene manufacture.
f. Glue manufacture.
g. Smelting of tin, copper, zinc or iron ores.
Ordinance No. NS-xx
Page 10 of 17
75B-36
h. Sites for the transfer, disposal or dumping of rubbish, garbage, trash, or
refuse.
i. Tatiee par{erG.
i. Any facility where payment is offered for blood or plasma donations.
j. Crematories.
k. Hazardous waste treatment facilities.
I. Recycling facilities in excess of forty-five thousand (45,000) gross square
feet and in compliance with Section 41-1253 of this Code.
Section 10. Section 41-522 (South Main Commercial District) 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.
c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
d. Thrift and resale stores, antique shops and collectable stores, excluding pawn
shops and auction houses.
e. Eating 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. Ancillary outdoor dining facilities located in the front yard area.
h. Banquet facilities, subject to development and operational standards set forth
in section 41-199.1.
L Banquet facilities as an ancillary use, subject to development and operational
standards set forth in section 41-199.1.
Ordinance No. NS-xx
Pagel 1 of 17
75B-37
j. Automobile repair and automobile servicing.
k. 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.
Section 11. Table 3-2 (Permitted Uses) of Harbor Mixed Use Transit Corridor
Specific Plan (SP -2) is hereby amended and attached hereto as Exhibit A and
incorporated by this reference as though fully set forth herein.
Section 12. Table 3 (Permitted Land Uses) of Metro East Mixed Use Overlay
Zone (MEMU) is hereby amended and attached hereto as Exhibit B and incorporated by
this reference as though fully set forth herein.
Section 13. Table 2A (Use Standards) of Transit Zoning Code — Specific
Development No. 84 (SD -84) is hereby amended and attached hereto as Exhibit C and
incorporated by this reference as though fully set forth herein.
Section 14. If any section, subsection, 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, or portions be declared invalid or
unconstitutional.
ADOPTED this 7�h day of November, 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By. (C�t9�c—
Lisa Storck
Assistant City Attorney
Miguel A. Pulido
Mayor
75B-38
Ordinance No. NS-xx
Page 12 of 17
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 the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2017, 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
75B-39
Ordinance No. NS-xx
Page 13 of 17
EXHIBIT A
TABLE 3-2 (PERMITTED USES)
HARBOR MIXED USE CORRIDOR SPECIFIC PLAN (SP -2)
Ordinance No. NS-xx
Page 14 of 17
75B-40
Tablu 3.2. Purinitled US"5
Ordinance No. NS-xx
Page 15 of 17
75B-41
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Ordinance No. NS-xx
Page 15 of 17
75B-41
EXHIBIT B
TABLE 3 (PERMITTED LAND USES)
METRO EAST MIXED USE OVERLAY ZONE (MEMU)
Ordinance No. NS-xx
Page 16 of 17
75B-42
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Ordinance No. NS-xx
Page 16 of 17
75B-42
EXHIBIT C
TABLE 2A (USE STANDARDS)
TRANSIT ZONING CODE - SPECIFIC DEVELOPMENT NO. 84 (SD -84)
Table 2A -Use Standards",.
Permit Requredby 2one-
Land Use Type `-
Re er to Key to Zone Sym s to no g ege or aane deao;ptlon an mx notation,
RESIDENTIAL
Live=Fork Use/Jointlain3workingquarters P(:) P
Care Homes
Aluli-Family Duelling.
CUP CUP
P (2) P (2) CUP SCUP
CUP CUP CUP CUP
P I P
P (1) P (1) P (1) P (1) F _ r_ P_
RECREATION, EDUCATION AND ASSEMBLY
Banquet facility/otering.sub. to= 1.199.1 h) through lot
Community auambly
P(1}
ipj
P(1)
P
CUPI
CUP ' I
Health ;fitness facilityP
_ P -
P
P
--p—_p_
P
CUP_---
P (3)
Library, museum
P
Adul: dry care cantensubject to 41.139.2 of the SAMC
P (3)
_ P
I- CUP -;
schools
P(1)
P (1)
P (1)
P
CUP
CUP
Studio
P
P
P
P
CUP
CUP
_ _
Theateq cinemaor, performing arts
?_
Pp''___
P
-
P
P(2)
1 P (2)
Commercial Recreation (Indoor)
CUP
CUP
CUP
--
RETAIL
Canenl retail, except with anyof+.e following features P P _.__. _P p
Floor area over 20,x00 per tenant CUP CUP p - _ CUP_ -
-
Eatingastablishmen s -- - _ -, . - - _ P -_ _P_ P _-- P _ - P(2)_ f ,
Auto or mato, vehicle service -- - p P
SERVICE GENERAL
Banquet facility/otering.sub. to= 1.199.1 h) through lot
CUP
CUP _CUP
_CUPP)
Child day ore - more than g and up to 14 Children _P
(3)
P (3) ,.
_ P -
_ P
LUQ') c LUC _-
Child day wre center
P (3)
P (3)
P
P
CUP CUP
Adul: dry care cantensubject to 41.139.2 of the SAMC
P (3)
P (3)
P
P
P --
Hotel,escl. tnmient rvsidembl hotel and long term stay
P _
P
a-
_ a __--
.
Mortuaries, funeral homes
-
--
CUP
p
- ^-
- Personal aervicev-- - -- -
P
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P
- -i
P
-
P
P(2)
1 P (2)
T.ttoo/Body A,t Es blishrhen3 - subject m 41.199.3 of SAM P
75B-43
p I P
Ordinance No. NS-xx
Page 17 of 17
75B-44