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Item 39 - Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the SAMC
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Item 39 - Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the SAMC
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Agenda Packet
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Clerk of the Council
Item #
39
Date
12/20/2022
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ZOA No. 2022-07 – Urgency Ordinance <br />December 12, 2022 <br />Page 2 <br />3 <br />1 <br />4 <br />8 <br />offices operated by government, government-subsidized, not-for-profit, or philanthropic <br />entities in the Professional (P) zoning district hinder the City’s ability to meet the goals <br />expressed in SAMC Section 41-1 (Purpose) to implement a regulatory land use and <br />development framework to promote the health, safety, and the general welfare of the <br />residents of Santa Ana. The proposed ordinance establishes a decision making process for <br />the City to identify, evaluate, regulate, address, and reduce the potential impact to the built <br />environment stemming from these land uses. The need is urgent as the City has and will <br />continue to receive a higher rate of appeals of the City’s permitting process pertaining to <br />these land uses within the P zoning district. Lastly, there have been near daily police and/or <br />code enforcement-related incidents regarding transient populations trespassing on and <br />causing damage to private, non-residential properties abutting railroad rights-of-way in <br />Santa Ana. Options and development standards for the installation of electric fencing types <br />on private property to deter this type of activity are needed. Table 1 below and on the <br />following pages illustrates the existing and proposed regulations to address these immediate <br />needs and issues affecting the community. <br />Table 1: ZOA No. 2022-07 Current and Proposed Text Regulations <br />Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations <br />Noxious Uses The SAMC regulates industrial and <br />noxious land uses through permitting <br />them in industrial zoning districts. <br />However, the SAMC does not provide <br />additional regulation for uses that have <br />a regional, state, or federal permit to <br />emit or store or process hazardous <br />waste that are in close proximity to <br />sensitive land uses. <br />1. Create new “noxious uses” section to <br />require approval of a conditional use <br />permit for industrial type uses located <br />within 500 feet of a sensitive land use <br />that requires a permit to discharge air <br />contaminants or process or store <br />regulated chemicals or substances <br />(Sec. 41-199.4). <br />2. Update the Non-Conforming section <br />of the Zoning Code to require a <br />conditional use permit for noxious <br />uses whenever an existing non- <br />conforming business changes <br />ownership and requires a new <br />certificate of occupancy. Additionally, <br />require businesses with these type of <br />permits to remain in compliance with <br />applicable laws or lose their <br />nonconforming status (Sec. 41-683 <br />and Sec. 41-683.6). <br />Medical Offices in <br />the Professional <br />Zoning District <br />The Professional (P) zoning district <br />permits medical and dental offices by <br />right. However, the zoning district does <br />not currently permit medical uses <br />operated by government, government- <br />subsidized, not-for-profit, or <br />philanthropic entities. <br />Revise the uses permitted subject to a <br />conditional use permit section of the <br />Professional (P) zoning district to require <br />a conditional use permit for medical <br />offices operated by government, <br />government-subsidized. <br />Counseling Services <br />- Definition <br />The SAMC does not currently define <br />counseling services. <br />Create “counseling services” definition in <br />Division 2 (Definitions), Article I of the <br />Zoning Code (Sec. 41-44.6).
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