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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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Agenda Packet
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Clerk of the Council
Item #
33
Date
1/17/2023
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ZOA No. 2022-03: Zoning Code Amendments and Updates <br />January 17, 2023 <br />Page 6 <br />3 <br />1 <br />6 <br />0 <br />residential uses. The proposed ordinance would also create new definitions for “Family <br />Daycare Facilities” and “Daycare Centers,” and replace any reference to “Child Care <br />Facilities” in the permitted uses sections in the commercial and industrial zoning districts <br />with “Daycare Centers.” The changes would update the Zoning Code to be consistent with <br />state law. <br />Regional Planned Sign Programs <br />The Zoning Code currently affords regional commercial centers, automobile dealerships, <br />and attractions flexibility with their on-premises signage without the need for approval of a <br />variance application. Instead, SAMC Sec. 41-885 provides for approval of a regional <br />planned sign program (RSPG) by the Planning Commission; the RSPG contains all <br />location, design, and installation specifications for signage within the scope of a regional <br />commercial centers, automobile dealerships, or attractions. Examples of such regional <br />facilities in Santa Ana with approved RSPGs include MainPlace, Discovery Cube Orange <br />County, McFadden Place, Hutton Centre, and Tom’s Truck Center. These regional <br />facilities are approved for a combination of wall signs, banners, monument (freestanding) <br />signs, mimetic signs, and digital signs for on-premises advertising. <br />Staff is proposing to amend SAMC Section 41-885 to define and allow a “regional <br />institution” to submit an application for an RSPG for staff review and subsequent approval <br />by the Planning Commission. This amendment is a proactive response to the effects of the <br />global Covid-19 pandemic, during which many hospitals and institutions of higher learning <br />began installing community-oriented signage to recognize the contributions of educational <br />and hospital staff during a critical time. As with any other regional facility as defined by <br />SAMC Section 41-885, these types of facilities would seek Planning Commission approval <br />of an RSPG before installing such signage, along with any other permanent advertising <br />signage they may contemplate in the RSPG package. <br />Massage Establishments <br />On March 16, 2009, the City adopted Ordinance Amendment No. 2008-02 and Zoning <br />Ordinance Amendment No. 2008-01 to amend Chapter 22 (Massage Establishments) <br />and Chapter 41 (Zoning) of the SAMC to regulate massage establishments and <br />massage technicians in response to concerns relating to the impacts of massage <br />establishments and the potential establishment of new locations in the city. Past <br />amendments to Chapter 41 included requirements for a CUP for massage <br />establishments, an LUC for ancillary massage uses, implemented separation criteria <br />similar to adult entertainment uses, and created operational standards specific to the <br />massage use. <br />Subsequently, in September of 2009, California Senate Bill 731 (SB 731) became <br />effective, which restricted local governments’ ability to regulate massage establishments <br />and massage technicians. The passage of SB 731 exempted massage technicians that <br />possessed a massage technician certificate issued by the California Massage Therapy <br />Council (CAMTC), a nonprofit public benefit corporation, from regulations and permit <br />requirements that were previously adopted by the City. The new law required that
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