Item 30 - Zoning Ordinance Amendment – 2nd Reading

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Ordinance No. NS-XXX Page 2 of 10 651 (Revocation procedure for conditional use permits, variances, and minor exception permits), Section 41-663 (Notices), Section 41-672 (Hearing), Section 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41- 417, 41-478, and 41-577 (Off-street parking), and Section 41-150.5 (Schools). F. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City’s General Plan. G. On May 8, 2023, the Planning Commission held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council. Following Planning Commission recommendation of approval, the Planning Division added additional non- substantive, clarifying edits to Section 41-199.4(a) to address implementation of the Ordinance. H. On June 6, 2023, the City Council held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. Section 41.199.4 (Noxious Uses) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-199.4. - Noxious uses. (a) Any use other than eating establishments listed in Section 41-472 or 41- 472.5 of this chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge particulate materials; exhaust emissions; or handle, store, emit or discharge regulated compounds, hazardous materials, chemicals, or substances that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes requires approval of a conditional use permit. (b) The one thousand (1,000) linear foot distance shall be measured from the outermost boundary of the subject property to the closest point of any public park, school, or property used or zoned for residential purposes. (c) The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of any requirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made prior to obtaining any permit from a regional, state, or federal agency for the business activities listed in subsection (a).