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HomeMy WebLinkAbout10-09-17 PC PACKETCity of Santa Ana Planning Commission Meeting Agenda OCTOBER 9, 2017 Conference Room 1600 City Hall Ross Annex E 20 Civic Center Plaza Santa Ana, California 5:30 P.M. MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Chair, Ward 2 Representative KENNETH NGUYEN Ward 3 Representative PHIL BACERRA Ward 4 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa-ana.ca.us/pba/documents/agenda_pc.pdf\ Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3 p.m. the day of the meeting; emails received after said time will be on file for public viewing the day after the meeting. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Lisa E. Storck Legal Counsel Vince Fregoso, AICP Acting Planning Manager Rosa Barela Acting Recording Secretary Candida Neal, AICP Acting Executive Director LOCATION CHANGE REVISED 9/9/17 9/9/9/10/6/17 PLANNING COMMISSION AGENDA 1 OCTOBER 9, 2017 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/ Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures pub lic safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana ********* Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Planning Commission. The Planning Commission is not limited in any way by the “Recommended Action” and may take any action which the Commission deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Planning Commission on any and all matters within the Commission’s jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the Commission. Members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Commission Secretary at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR. When speaking, all persons addressing the Planning Commission shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decoru m and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion without discussion unless a member of the Commission “pulls” an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the office of the Planning & Building Agency and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays. The Planning & Building Agency is located in City Hall Ross Annex, 20 Civic Center Plaza, 2nd Floor, Santa Ana, California, (714)667-2700. Council meeting agendas, staff reports, and minutes are available the Friday before a Planning Commission meeting at the following website address: www.santa-ana.org PLANNING COMMISSION AGENDA 2 OCTOBER 9, 2017 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA OCTOBER 9, 2017 5:30 P.M. CALL TO ORDER CHAIR MCLOUGHLIN COMMISSION MEMBERS ALDERETE, BACERRA, CONTRERAS-LEO, MENDOZA, NGUYEN, VERINO ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items) RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Items: A - C. A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 25, 2017 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. MINOR EXCEPTION 2017-03 TO ALLOW A FOURTEEN PERCENT REDUCTION IN REQUIRED OFF-STREET PARKING FOR A STAR WOK RESTAURANT LOCATED AT 1019 SOUTH BRISTOL STREET – DONALD KROTEE PARTNERSHIP, INC., APPLICANT {STRATEGIC PLAN NO. 3, 2} – Jerry Guevara, Case Planner RECOMMENDED ACTION: Confirm the Zoning Administrator’s action approving Minor Exception No. 2017-03 as conditioned. C. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * CONSENT CALENDAR ITEMS PLANNING COMMISSION AGENDA 3 OCTOBER 9, 2017 PUBLIC HEARINGS 1. SITE PLAN REVIEW NO. 2017-06, VARIANCE NO. 2017-03 AND TENTATIVE PARCEL MAP NO. 2016-04 TO ALLOW THE CONSTRUCTION OF A TWO- STORY 51,024 SQUARE-FOOT BUILDING AT 1701 EAST SAINT ANDREW PLACE – MICHAEL MOLNAR, APPLICANT {STRATEGIC PLAN NO. 3, 2} – Jerry Guevara, Case Planner Legal notice published in the Orange County Reporter on September 29, 2017 and notices mailed on September 29, 2017. RECOMMENDED ACTION: 1. Adopt a resolution approving Site Plan Review No. 2017-06 as conditioned. 2. Adopt a resolution approving Variance No. 2017-03 as conditioned. 3. Adopt a resolution approving Tentative Parcel Map No. 2016-04 as conditioned. 2. ZONING ORDINANCE AMENDMENT NO. 2017-01 TO UPDATE VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO TATTOO PARLORS, FARMERS MARKETS AND AFTER HOURS OPERATIONS IN THE COMMERCIAL-SOUTH MAIN ZONING DISTRICT – CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3, 2} – Ann Ni, Case Planner Legal notice published in the Orange County Register on September 29, 2017. RECOMMENDED ACTION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2017-01. * * * END OF BUSINESS CALENDAR * * * 3. ACCESSORY DWELLING UNIT ORDINANCE – Ricardo Soto, Associate Planner 4. WATER WISE LANDSCAPE ORDINANCE VIDEO – Melanie McCann, Senior Planner BUSINESS CALENDAR ITEMS WORK STUDY ITEMS PLANNING COMMISSION AGENDA 4 OCTOBER 9, 2017 5. STAFF COMMENTS 6. PLANNING COMMISSION MEMBER COMMENTS ADJOURNMENT - The next meeting of the Planning Commission is scheduled for Monday, October 23, 2017 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS  Demolish and reconstruct two-car garage in the Historic French Park located at 506 East Washington Avenue.  Allow the sale of alcoholic beverages for on-premise consumption at Tacos del Chino located at 2431 North Tustin Avenue, Unit D  Demolish existing retail building and construct new express automated car wash facility and to allow a driveway located within 150 feet of an intersection at 1703 East Seventeenth Street.  Amend various sections of Chapter 41 of the Santa Ana Municipal Code to adopt a local ordinance regulating the establishment of Accessory Dwelling Units. COMMENTS PLANNING COMMISSION MINUTES 1 SEPTEMBER 25, 2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 25, 2017 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:34 P.M. ATTENDANCE COMMISSIONERS Present: MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice Chair PHIL BACERRA BEATRIZ MENDOZA KENNETH NGUYEN LYNNETTE VERINO COMMISSIONERS Absent: ERIC ALDERETE STAFF Present: VINCE FREGOSO, Acting Planning Manager LISA STORCK, Assistant City Attorney IVAN OROZCO, Assistant Planner II ROSA BARELA, Acting Recording Secretary PLEDGE OF ALLEGIANCE Vice Chairperson Contreras-Leo PUBLIC COMMENTS (on non-agenda items)  Interim City Manager Cynthia Kurtz spoke on implementing a program on an annual basis having each Chairperson of a City Board or Commission attend a Council meeting and make a presentation to the Council on what the Commission is doing in order to keep Council apprised. Ms. Kurtz noted she looks forward to seeing them at the beginning of the October 17 Council meeting when the Planning Commission is scheduled to present. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. MOTION: Bacerra SECOND: Verino A-1 PLANNING COMMISSION MINUTES 2 SEPTEMBER 25, 2017 VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 11, 2017 MOTION: Approve Minutes. B. EXCUSED ABSENCES – Commissioner Alderete * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. ZONING ORDINANCE AMENDMENT NO. 2017-03 (Applicant: Scott Hampton representing HSA, LLC) Legal notice published in the Orange County Reporter on September 15, 2017 and notices mailed on September 15, 2017. Assistant Planner Orozco provided a presentation which included a site description, site plan and photo, proposed sign elevations and project analysis. Discussion ensued on the height of the sign and deletion of the dealership branding standard. Jim Speck, owner of Volvo OC, and Rod Wilson, owner of sign builder VMI sign builder, spoke in support of the matter and answered questions. Chairman McLoughlin opened the public hearing. There were no additional speakers and the public hearing was closed MOTION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2017-03. MOTION: Bacerra SECOND: Nguyen VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) A-2 PLANNING COMMISSION MINUTES 3 SEPTEMBER 25, 2017 2. APPEAL NO. 2017-02 OF MINOR EXCEPTION NO. 2017-01 (Apellant: Dr. William Gallivan Sr.) Zoning Administrator adopted a resolution approving Minor Exception No. 2017-01 on May 17, 2017. Legal notice published in the Orange County Reporter on September 15, 2017 and notices mailed on September 15, 2017. Chairperson McLoughlin disclosed the following:  Walked into the kitchen of a neighbor as Mike Ness was concluding his presentation of his plans for a wall. He was introduced as a neighbor and there was no further discussion and Mr. Ness departed.  Lived in Floral Park for 25 years.  Has been President of the neighborhood association.  Sits on the Floral Park Neighborhood Committee for State and National Historic Designation and helped create an awareness regarding the Historic Registry and the benefits of being on the historic registry and possible opportunity to being granted a Mill Act Contract.  Served on the Historic Resources Commission prior to being appointed to the Planning Commission.  A number of individuals in the City contacted him regarding the project over the past months, listened to their concerns but did not offered any opinion or comment.  Sits on the Santa Ana Chamber of Commerce Board of Directors and the Santa Ana Chamber of Commerce Government Affairs Council. Bill Ihrke, Partner from Rutan & Tucker, sits on both and is also a neighbor in Floral Park. Acting Planning Manager Fregoso provided a presentation which included a history of the project, site location, site plan/photo, rendering, the action of the Zoning Administrator, and appeal action. Discussion ensued on previously submitted requests for fence exceptions. Nancy Gallivan, Apellant, spoke in support of the appeal noting they would like to leave the open feeling of Floral Park and not have future families live boxed in. Chairman McLoughlin opened the public hearing. The following spoke on the matter:  Mike Ness, applicant, spoke in opposition of the appeal; noted the restoration of the property, being exposed to the heavy traffic on 19th Street and the design of the wall.  Doug Smith spoke on behalf of Rick Kagasaw and in opposition of the appeal; noted it impacts Mr. Ness’s fair use of his property.  Herbert Silva spoke in opposition of the appeal; noted he has seen the plans and is confident it will be a quality wall. A-3 PLANNING COMMISSION MINUTES 4 SEPTEMBER 25, 2017  Ruben Raya spoke in opposition of the appeal; noted applicant is an asset to the neighborhood.  Rhonda Nalisnik spoke in opposition of the appeal; noted the wall is keeping the architectural integrity of the house and neighborhood, the height is in accordance with the size and design of the property, understands concern for privacy in high profile corner.  Maureen Bricken spoke in support of the appeal; believes wall would blight that portion of the neighborhood.  Ken Schmidt spoke in opposition of the appeal; noted quality of work done to the property and expects same for the wall.  Blair O’Callaghan spoke in opposition of the appeal; noted applicant came up with a compromise to allow everyone to enjoy view of home.  David Nisson spoke in opposition of the appeal; feels wall would be attractive and would be an enhancement to the neighborhood.  Karen O’Callaghan spoke in opposition of the appeal; has seen previous work applicant has done to homes, supports the wall for the grand scale type of home.  Joe Duffy spoke in opposition of the appeal; noted period correct wall enhances property and corner.  Ellen Koldeway spoke in support of the appeal; noted she questions the findings of the Zoning Administrator, who is a contract attorney, as it benefits one family and could harm others.  Alberta Christy spoke in support of the appeal; noted she was involved in the creation of the ordinance to regulate fences which included meetings with neighborhood associations and the Neighborhood Improvement/Code Enforcement Council Committee; essential for city to equally apply, not selectively; city will be impacted if ordinance not enforced.  Ed Murashi spoke in support of the appeal; noting the importance of historical homes and landmark designation; the wall would violate the Mills Act contract.  Laszlo Biro spoke in support of the appeal; provided handout on the review of the Zoning Administrator’s report highlighting misinformation and inaccuracies.  Jeffrey Katz spoke in support of the appeal; noted the application fails to fulfill the legal criteria for awarding exception to the zoning ordinance.  Ed Tornell spoke in support of the appeal; noted the implications of granting the exception.  Angela Barnes spoke in support of the appeal; noted she had applied to install a wrought iron gate and request was denied due to Mills Act agreement; other neighbors who were also denied; allowing with Mills Act agreement will open the city to untold litigation.  Eugene Andres spoke in support of the appeal; noted the benefits of conserving resources and historic preservation in revitalizing and creating cultural tourism; wall is not consistent to the Mills Act and neighborhood.  Richards Weie spoke in support of the appeal; provided handout of what the wall would look like; character of neighborhood will be lost and an aesthetic mistake.  Eric Stein spoke in support of the appeal; discussed the brand of the Floral Park Neighborhood Association of a bygone era and friendly neighbors. A-4 PLANNING COMMISSION MINUTES 5 SEPTEMBER 25, 2017  Eamon Garces spoke in support of the appeal; the significant corner built by Allison Honer; the graffiti on the temporary green construction fence; neighborhood is welcoming and open.  Bobi Keenan spoke in support of the appeal; does not want a neighborhood of walls and will open up for others to apply.  Debbie McEwen spoke in support of the appeal; noted the review by the French Park Architectural Review Committee guided by the Secretary of Interior Standards for Historic properties; allow ordinance to work.  Michael Gallivan spoke in support of the appeal; findings of fact are not consistent; no plans for the wall; will set a precedence; enforce the code.  Gina Chiaramonte and Sharon Lindsay spoke in opposition of the appeal; are confident wall will bring up value of neighborhood and size is adequate for property.  Kevin Shuler spoke in support of the appeal; will open potential litigation against the city; will have negative impact to the Gallivan's and will change the desirability of neighborhood and property values.  Mark Austin, of Rutan & Tucker, legal counsel for applicant, spoke in opposition of the appeal; discussed the letter submitted with renderings of the wall that support the application; the law allows for exceptions and special circumstances for elements of variance.  Eric Scandrett spoke in support of the appeal; noted the City’s Most Beautiful Yard contest is team building for neighborhoods.  Joni Barr Somogye spoke in opposition of the appeal; noted the design of wall researched by a renowned designer, will be an enhancement to the historic home, will not block the corner view of highly traveled street.  Leslie Kato spoke in support of the appeal; the appeal of the open neighborhood, proposes they put up a hedge.  Mr. Nobody spoke in opposition of the appeal; noted the home originally had a wall that matched the balustrade on the porch which was destroyed in the 1938 earthquake.  Catlin Meininger, designer for the property, spoke in opposition of the appeal; noted the design and setback of the wall.  Joe Dunn spoke in support of the appeal; suggested neighbors resolve issue as a community with professional guidance to mediate. Commissioner Mendoza inquired if the neighborhood association was contacted. Ed Murashie, President of the Floral Park Neighborhood Association, commented he and the board had not been notified or contacted. Discussion ensued on graffiti, the number of fence variances approved in the neighborhood, and current ordinance on fence heights. MOTION: Approve Appeal No. 2017-02 and deny Minor Exception No. 2017-01. A-5 PLANNING COMMISSION MINUTES 6 SEPTEMBER 25, 2017 MOTION: Nguyen SECOND: Verino VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) COMMENTS 3. STAFF COMMENTS - None 4. PLANNING COMMISSION MEMBER COMMENTS Commissioner Mendoza  Noted she will be attending the Planning Officials Forum and inquired which Commissioners plan on attending. Chairman McLouglin and Vice Chair Contreras-Leo will also be attending. Commissioner Bacerra:  Inquired when the Work Study Session for the Accessory Dwelling Ordinance will come to the Commission. Mr. Fregoso noted it is scheduled for the October 9 meeting. Chairman McLoughlin:  Noted the Planning Commission is scheduled to make a presentation to the City Council at their October 17 meeting and asked Commissioners for input and to be a part of the presentation. Topics of discussion include the direction the city is going on regarding housing and land use issues, length of time for the Planning process and economic development impacts. Commissioner Nguyen will be out of the country for the meeting and requested to add the topic of the trend of less parking for affordable housing projects causing inconvenience for residents. ADJOURNED 8:06 P.M. - The next meeting of the Planning Commission is scheduled for Monday, October 9, 2017 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Rosa Barela Acting Recording Secretary A-6 B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-9 B-10 B-11 B-12 B-13 B-14 B-15 B-16 B-17 B-18 B-19 B-20 B-21 B-22 B-23 B-24 B-25 B-26 B-27 B-28 B-29 B-30 B-31 B-32 B-33 B-34 B-35 B-36 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 1-21 1-22 1-23 1-24 1-25 1-26 1-27 1-28 1-29 1-30 1-31 1-32 1-33 1-34 1-35 1-36 1-37 1-38 1-39 1-40 1-41 1-42 1-43 1-44 1-45 1-46 1-47 1-48 1-49 1-50 1-51 This page left blank intentionally. 1-52 2-1 2-2 2-3 2-4 2-5 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 2-6 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. – Thrift shop, purchase and loan, pawnshop. Tattoo and/or Body Art Establishment 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. Any facility that includes any of the following activities: (a) “Body art establishments” means any specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and 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; lip; tongue; nose; eyebrow; or other body part. “Body piercing” does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized stud and 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 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.-Tattoo and/or Body Art Establishments. (f) “Tattooing” means the insertion of pigment in human skin tissue by piercing with a needle. 2-7 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 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 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) 2-8 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 (½) hour before the activity closure each evening. 2-9 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. h. All temporary outdoor activities shall be subject to the following: 1. 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 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 jacket, shirt, vest, etc., that clearly identifies them as security. 4. All security personnel shall have equipment enabling two-way communication with other security personnel. 2-10 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. 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. i. 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, 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 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 jacket, shirt, vest, etc., that clearly identifies them as security. 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. 2-11 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: a. 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. 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. 2-12 i. The applicant/operator of the Tattoo and/or Body Art Facility shall also 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 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. l. 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. 2-13 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. 2-14 l. 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. i. Tattoo parlors. i. Any facility where payment is offered for blood or plasma donations. j. Crematories. k. Hazardous waste treatment facilities. l. Recycling facilities in excess of forty-five thousand (45,000) gross square feet and in compliance with Section 41-1253 of this Code. 2-15 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. 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 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. 2-16 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 By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ 2-17 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 2-18 EXHIBIT A TABLE 3-2 (PERMITTED USES) HARBOR MIXED USE CORRIDOR SPECIFIC PLAN (SP-2) EXHIBIT B 2-19 TABLE 3 (PERMITTED LAND USES) METRO EAST MIXED USE OVERLAY ZONE (MEMU) 2-20 EXHIBIT C TABLE 2A (USE STANDARDS) TRANSIT ZONING CODE – SPECIFIC DEVELOPMENT NO. 84 (SD-84) 2-21