Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01

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Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). June 6, 2023 Page 5 3 4 4 1 conform to the requirements of the SAMC or conditions of approval. Staff is proposing to establish a new section (Sec. 41-650.5) to establish a process to immediately suspend activity to allow the owner ninety (90) days to rectify any outstanding violations prior in lieu of having to immediately escalate to the City initiating a revocation process. The suspension process would provide an additional tool for the City to immediately address noncompliant sites and cease the operation of nuisance-generating uses while establishing criteria for suspension and a clear timeframe prior to initiating the revocation process. Conforming, Clarifying, and Non-Substantive Edits On February 7, 2023, the City Council adopted Ordinance No. 3038 establishing a definition for “Daycare center” and deleting “child day care.” However, the definition for “schools” (Sec. 41-150.5) continues to reference “child day care.” Therefore, staff is proposing clarifying edits to Section 41.150.5 to consistently reference the corresponding terminology. Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41-417, 41-478, and 41-577 of the SAMC references the Article IV in directing to the Off-Street Parking standards. However, the SAMC off-street parking standards are listed under Article XV. Therefore, staff is proposing amending Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41- 417, 41-478, and 41-577 to reference the correct article number. Section 41-685, which addresses changes of commercial nonconforming uses in the Light Industrial (M1) and Heavy Industrial (M2) zoning district that are nonconforming by reason of absence of conditional use permit may be changed to another commercial use except as detailed in Section 41-685.5. On February 7, 2023, the City Council adopted Ordinance No. 3038, establishing Section 41-683.6 which specific perimeters for through which a legal nonconforming status may be maintained or lost in relation to noxious uses. Similarly proposed Section 41-683.7, which outlines how a nonconforming status may be maintained or lost in relation to massage establishments. Therefore, staff is proposing amendment to Section 41-685 to also reference Section 41-683.6 and 41-683.7. Lastly, the proposed amendments would update the zoning code to reflect the notification requirements of the Sunshine Ordinance contained within Section 2-153 of the SAMC. This edit will eliminate internal inconsistencies within this section of the zoning code. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not