HomeMy WebLinkAbout11A - ORD CHURCHESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
� r
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 18' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
On February 6, 2018, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 5-0 (Tinajero and Villegas absent):
ORDINANCE• ' C AN ORDINANCE OF OF OF
SANTA ANA AMENDING SECTIONS 41-313.5 AND 41-522 OF CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE
In summary, the ordinance will update the City's zoning code to allow churches in the
Professional and South Main Street Commercial zoning districts and will ensure compliance with
the Religious Land Use and Institutionalized Persons Act (RLUIPA).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
11 A-1
Ordinance ® Second Reading: Zoning Ordinance
Amendment No. 2018-01 to Amend Chapter 41
February 20, 2017
Page 2
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
EXHIBIT: Ordinance No. NS -2938
11A-2
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-313.5 AND 41-
°522 OF -'CHAPTER 41 OF THE SANTA ANA MUNICIPAL
CODE`
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. Ina 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. The proposed changes and additions to the Zoning Code will protect religious
individuals and institutions and treat "such uses similar to other assembly uses
in the Professional (P) zoning district and the South Main Commercial (C -SM)
zoning district while protecting the health, safety, and welfare of the city and
limiting undue strain on the community.
C. Zoning Amendment No. 2018-01 amends Sections 41-313.5 and 41-522 of
Chapter 41 of the Santa Ana Municipal Code.
D. On January 22, 2018, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2018-01 to amend Sections 41-313.5 and 41-522
of Chapter 41 of the Santa Ana Municipal Code (SAMC).
E. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of Section 418 of the
Charter of the City of Santa Ana. Any such restatement of existing provisions
of the Code is not intended to, nor shall it be interpreted, as constituting a
new action or decision of the City Council, but rather such provisions are
repeated for tracking purposes only in conformance with the Charter.
Section 2. 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.
Ordinance No. NS-xx
Page 1 of 4
11 A-3
Section 3. Section 41-313.5 of the Santa Ana Municipal Code, uses subject to
a conditional use permit in the Professional zoning district (P), is hereby amended to
read as follows:
Sec. 41-313.5. - Uses subject to a conditional use permit in the P district.
The following may be permitted in the P district, subject to the issuance of a
conditional use permit:
a. Convalescent hospitals, nursing homes, rest homes and extended care
facilities.
b. Hospitals.
c. Trade and professional schools.
d. Health clubs and gymnasiums.
e. Recreational or entertainment uses if carried on in conjunction with any of
the uses specified in clauses (e), (f) and (k) of section 41-313.
f. Ambulance and emergency medical response services.
g. Non -freestanding commercial and service uses which are open at any time
between the hours of 12:00 midnight and 5:00 a.m., provided that such uses
also meet the standards for commercial and service uses permitted
under section 41-313, and further provided that such uses have less than
twenty thousand (20,000) square feet of floor area.
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.
i. Banquet facilities, subject to development and operational standards set
forth in section 41-199.1.
j. Banquet facilities as an ancillary use, subject to development and
operational standards set forth in section 41-199.1.
k. Adult day care facilities.
I. Clubs, fraternities and lodges.
m. Bail bond uses, subject to development and operation standards set forth
in section 41-323.
Ordinance No. NS-xx
Page 2 of 4
11 A-4
n. Churches and accessory church buildings.
Section 4. Section 41-522 of the Santa Ana Municipal Code, uses subject to a
conditional use permit in the C -SM zoning district (South Main Commercial District), 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.
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.
I. Churches and accessory church buildings.
Ordinance No. NS-xx
Page 3 of 4
11 A-5
Section 5. 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 day of 2018
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: 4<' c.0
._............. .._..........
Assistant City Attorney
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-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2018, and that said ordinance was published
in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 A-6
Ordinance No. NS-xx
Page 4 of 4
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Michele Martinez
COUNCILMEMBERS
P. David Benavides
Vicente Sarmiento
Jose Solodo
Sal Tinajero
Juan Villages
• VIZa a I
U
Clerk of the Council Office
20 Civic Center Plaza, M-30 a P.O. Box 1988
Santa Ana, California 92702
wvvw.santa-ana.org/coc
NOTICE OF SECOND READING OF PROPOSED ORDINANCE
BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CA.
CITY MANAGER
Raul Godinez II
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Maria D. Huizar
The City of Santa Ana encourages the public to participate in the decision-making
process. The following notice is being provided so that you can ask questions,
make comments and stay informed about changes in land use, fees or other
projects that might be important to you. We encourage you to contact us if you
have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will
consider adopting an ordinance to approve Zoning Ordinance Amendment No. 2018-01
to amend Chapter 41 of the Santa Ana Municipal Code to allow churches as a
conditionally permitted use in the professional and South Main Street Commercial
Zoning Districts. The title of the ordinance is as follow:
ORDINANCE NO. NS -2938 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-313.5 AND
41-522 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE
Meeting Time and Date — This matter will be heard on Tuesday, February 20,
2018 at 5:45 p.m. or immediately following the 5:00 p.m. Closed Session, in the City
Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701. All persons
interested in this matter are notified to appear at this time.
How To Make Comments - If you do not wish to appear at the public hearing, you
may also send your written comments to the Clerk of the Council, by mail to City of
Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail at
ecommentsflsanta-ana.org (reference "City Council meeting") by 3:00 p.m. on the day
of the meeting; e-mails received after said time will be on file for public viewing the day
after the meeting.
SANTA ANA CITY COUNCIL
Miguel A. Pride Michele Madinez Vicente Sarmiento Jose Solmio P. David Benavides Juan Villages Sal Tinajero
Mayor Mayor Pro Tem. Ward 2 Ward Ward Ward Ward Ward
mP.11d.sisanta,anm.Prqmimartinezfdsene-amara vsarmiento(ftenta�ana.orn isolonoldsanta-ans.om tlbenevides(disanta-ana.omi IvillegasA.anta-armera stineiero(o)senta-ana ora
11 A-7
Who To Contact For Questions - Should you have any questions, please contact
the Clerk of the Council Office at 714-647-6520 during regular business hours.
Where To Obtain Copy of the City Council Agenda - All staff reports
regarding any item on this agenda are available for public inspection in the Clerk of the
Council Office during regular business hours and posted on the City's website the
Friday before a Council meeting at: http://www.santa-ana.orq/coc/granicus.asp
Ordinance Second Reading Adoption and Petition Process - Ordinances
become effective 30 days after second reading by the City Council, unless a
referendum process is initiated. The city referendum process provides citizens with a
vehicle to refer an ordinance passed by the City Council to a vote of the people. The
referendum process must be accomplished in a very tight timeframe. California
Elections Code Sections 9235-9247 provides the procedures for the municipal
referendum process. For more information, please seek legal counsel.
Si tiene preguntas en Espanol, favor de Ilamar al (714) 647-6520.
Neu can lien lac bang tie -ng Viet, xin dign thoai cho Tony Lai s® (714) 565-2627.
Maria
ula�"�
Clerk of the Council
Publish: The O.C. Reporter
Date: February 9, 2018
SANTA ANA CITY COUNCIL
Miguel A. Pulldo Michele Martinez Vicente Sarmiento Jose Salorlo P. David Benavldes Juan Villages Sal Tlnajero
Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 5
moul'do(dlsanta-ane ora mimerlinez(dsanta-ane.ora vsarmlento(asanla-ane ora sgl.[Igdda@Gj@-ana.org dbenevides(olsantaana.ora Ivllleoas(nlsanta-ana.ora slna'eroaa sante-ana ora
11 A-8
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20 CIVIC CENTER PLAZA M-30 Phone (714)647-5235
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State - Zip
CA -92701
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NOTICE OF SECOND READING OF
PROPOSED ORDINANCE BY THE CITY
COUNCIL OF THE CITY OF SANTA ANA, CA.
The City of Santa Ana encourages the
public to participate in the decision-making
process. The following notice is being
provided so that you can ask questions,
make comments and stay informed about
changes in land use, fees or other projects
that might be important to you. We
encourage you to contact us if you have
any questions. NOTICE IS HEREBY GIVEN -
The City Council of the City of Santa Ana
will consider adopting an ordinance to
approve Zoning Ordinance Amendment No.
2018-01 to amend Chapter 41 of the Santa
Ana Municipal Code to allow churches as a
conditionally permitted use in the
professional and South Main Street
Commercial Zoning Districts. The title of
the ordinance is as follow: ORDINANCE NO.
NS -2938 - An ordinance of the city council
of the city of santa ana amending sections
41-313.5 and 41-522 of chapter 41 of the
santa ana municipal code Meeting Time and
Date - This matter will be heard on
Tuesday, February 20, 2018 at 5:45 p.m.
or immediately following the 5:00 p.m.
Closed Session, in the City Council
Chamber, 22 Civic Center Plaza, Santa Ana,
California 92701. All persons interested in
this matter are notified to appear at this
tirrl�.'+c -FAake Comments - If you do
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2/7/2018
AdTech Advertising System
not wish to appear at the public hearing,
you may also send your written comments
to the Clerk of the Council, by mail to City
of Santa Ana, 20 Civic Center Plaza — M30,
Santa Ana, CA 92701 or via e-mail at
ecomments@santa-ana.org (reference "City
Council meeting") by 3:00 p.m. on the day
of the meeting; a -malls received after said
time will be on file for public viewing the
day after the meeting. Who To Contact For
Questions - Should you have any questions,
please contact the Clerk of the Council
Office at 714-647-6520 during regular
business hours. Where To Obtain Copy of
the City Council Agenda - All staff reports
regarding any item on this agenda are
available for public inspection in the Clerk
of the Council Office during regular
business hours and posted on the City's
website the Friday before a Council meeting
at: http://www.santa-
ana.org/coc/granicus.asp Ordinance Second
Reading Adoption and Petition Process -
Ordinances become effective 30 days after
second reading by the City Council, unless
a referendum process is initiated. The city
referendum process provides citizens with a
vehicle to refer an ordinance passed by the
City Council to a vote of the people. The
referendum process must be accomplished
in a very tight timeframe, California
Elections Code Sections 9235-9247
provides the procedures for the municipal
referendum process. For more information,
please seek legal counsel. Si tiene
preguntas en Espa"nol, favor de Ilamar al
(714) 647-6520. Neu can li@n lac bang
tle"ng Viet, xin dien thopi cho Tony Lai so"
(714) 565-2627. Marla Huizar, Clerk of the
Council Publish: The O.C. Reporter Date:
February 9, 2018
11A-10
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