Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41

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Ordinance No. NS-XXX Page 2 of 54 permitted in the R2 district), Section 41-313 (Uses permitted in the P district), Section 41-365 (Uses permitted in the C1 district), Section 41-365.5 (Uses subject to a conditional use permit in the C1 district), Section 41-375.1 (Uses permitted in the C1-MD district), Section 41-375.2 (Uses subject to a conditional use permit in the C1-MD district), Section 41-377.5 (Uses subject to a conditional use permit in the C2 district), Section 41-412.5 (Uses subject to a conditional use permit in the C4 district), Section 41-424 (Uses permitted in the C5 district), Section 41-424.5 (Uses subject to a conditional use permit in the C5 district), Section 41-472 (Uses permitted in the M1 district), Section 41-472.1 (Ancillary uses permitted in the M1 district), Section 41-472.5 (Uses subject to a conditional use permit in the M1 district), Section 41-521 (Uses permitted in the C-SM district), Section 41-522 (Uses subject to a conditional use permit in the C-SM district), Section 41-609 (Landscape), Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones), Section 41-623 (Trash bin enclosures), Section 41-683 (Discontinuance of nonconforming building or use), Section 41-683.6 (Discontinuance of nonconforming noxious use), Section 41-885 (Regional planned sign program), Section 41-1251 (Permits required), Section 41-1309.1 (Change of use, exceptions), Section 41-1751 (Definitions), Section 41-1752 (Permitted zones and locations), Section 41-1753 (Permits and certificates- contents of application), Section 41-1754 (Development and operating standards), Section 41-2109 (Requirements), Section 41-2115 (Requirements), Table 3-2 (Permitted uses) of the Harbor Mixed Use Transit Corridor Specific Plan, definition of “Personal services—restricted”, Table 2A (Use Standards) of Section 41-2007 of the Transit Zoning Code, Definition of “Personal Services—restricted” and Section 41-2080 of the Transit Zoning Code, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone. D. On December 12, 2022, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03. E. On January 17, 2023, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the 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. As a result, Environmental Review No. 2022-73 will be filed upon adoption of this ordinance. Section 3. Section 41-42.5 (Child care facilities) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-42.5. - Child care facilities.