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

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ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 5 3 1 6 0 Family Daycare Facilities Under the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes. In Santa Ana, a small family daycare home, which may provide care for up to eight children, is considered a residential use of property for purposes of all local ordinances. Large family daycare homes, which provide care for up to 14 children, require approval of a permit. Senate Bill (SB) 234, effective January 1, 2020, now requires a large family daycare facility to be treated as a residential use of property for purposes of all local ordinances. SB 234 also prevents local jurisdictions from requiring any form of a permit, license, tax, fee, or other clearance to operate a large day care facility on a residential property. Family daycare facilities must be allowed on any property where a residential use is allowed, including single-family residences, duplexes and triplexes, townhomes, and multiple-family dwellings (apartments), according to Section 1596.78 of the Health and Safety Code. The text of various zoning district regulations in the Zoning Code currently require approval of a land use certificate (LUC) application and accompanying fee to operate a large family daycare facility. In addition, SAMC Section 41-42.5 contains a definition for “Child Care Facilities.” The proposed ordinance would delete references to child care facilities in various Zoning Code sections where residential uses are permitted, and would create a new Section 41-192.6 allowing small and large family daycare as an accessory use to “professional, business, and administrative office.” Electric Fences The SAMC is currently silent on electric fences. The SAMC neither defines nor regulates electric fences, which have become more widely used as a means to secure property from theft and/or vandalism. 1. Create “electric fence” definition in Division 2 (Definitions), Article I of the Zoning Code (Sec. 41-54.5) 2. Add new section to regulate zones and properties where electric fences are permitted (M1 and M2, where abutting a rail right-of-way) subject to a minor exception (Sec. 41-610.5). Light Processing Facilities The SAMC (Sec. 41-472 and Sec. 41- 472.5) requires a conditional use permit for light processing facilities in the Light Industrial (M-1) zoning district. Section 41-1251 (Permits required) in Article XIV. – Recycling Facilities does not explicitly state that a conditional use permit is required for a light processing facility. Amend Section 41-1251 to explicitly list and require a conditional use permit for light processing facilities, consistent with Section 41-472 and Section 41- 472.5. Landscaping – Synthetic Turf The SAMC (Sec. 41-100 and Sec. 41- 609) currently requires landscape areas be maintained with live plant material and other decorative elements. The code is silent on allowance of synthetic turf for projects where the Water Efficiency Landscape Standards do not apply. Amend Section 41-100 and Section 41- 609 to permit use of synthetic turf for projects that are not subject to the Water Efficiency Landscape Standards, provided they comply with landscape guidelines and permitting requirements established by the Director of the Planning and Building Agency.