HomeMy WebLinkAboutNS-2938 - Amending Sections 41-315.5 and 41-522 of Chapter 41 of Santa Ana Municipal CodeORDINANCE 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
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. 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 -2938
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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.
h. 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 -2938
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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.
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.
I. Churches and accessory church buildings.
Ordinance No. NS -2938
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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 thism4at day of February, 2018
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Benavides, Martinez, Pulido, Sarmiento,
Solorio, Villegas (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Tinaiero (1)
Ordinance No. NS -2938
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -2938 to be the original ordinance adopted by the City Council of the
City of Santa Ana on February 20, 2018, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: �3c✓'c�
`m v . J�jG
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2938
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