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Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 3 of 18 Page ID #:51 ZOA No. 2022-07-- Urgency Ordinance December 12, 2022 Page 2 offices operated by government, government-subsidized, not-for-profit, or philanthropic entities in the Professional (P) zoning district hinder the City's ability to meet the goals expressed in SAMC Section 41-1 (Purpose) to implement a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana. The proposed ordinance establishes a decision making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses. The need is urgent as the City has and will continue to receive a higher rate of appeals of the City's permitting process pertaining to these land uses within the P zoning district. Lastly, there have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana. Options and development standards for the installation of electric fencing types on private property to deter this type of activity are needed. Table 1 below and on the following pages illustrates the existing and proposed regulations to address these immediate needs and issues affecting the community. Table 1: ZOA No. 2022-07 Current and Proposed Text Regulations Topic Existing.Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC regulates industrial and 1. Create new"noxious uses"section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However,the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to (Sec.41-199.4). sensitive land uses. 2. Update the Non-Conforming section of the Zoning Code to require a conditional use permit for noxious uses whenever an existing non- conforming business changes ownership and requires a new certificate of occupancy.Additionally, require businesses with these type of permits to remain in compliance with applicable laws or lose their nonconforming status (Sec.41-683 and Sec.41-683.6). Medical Offices in The Professional(P)zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However,the zoning district does Professional(P)zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not-for-profit, or government-subsidized. philanthropic entities. Counseling Services The SAMC does not currently define Create"counseling services"definition in -Definition counseling services. Division 2(Definitions),Article I of the Zonin Code 5ec.41-44.6 . City Council 39 -- 2 12120/2022