75B - PH ZONING ORD AMND CH 41 - Laserfiche WebLink

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Zoning Ordinance Amendment No. 2017-01 October 9, 2017 Page 2 In addition, staff is proposing to allow retail markets that are less than 20,000 square feet in size and are -Within the South Main Commercial (C-SM)•zoning district the ability to operate between the hours of 12:00 a.m. and 5:00 a.m. subject to the approval of a conditional use permit (CUP). This actio_ n will make theC-SM zone consistent with the C1, C2, C4 and C5_ zoning districts. Lastly, staff is proposing to allow tattoo and/or body ,art establishments' by -right in :certain zoning districts. Currently, tattoo establishments are only allowed in.the Heavy Industrial (M-2) zone with approval of a CUP. in 201{), the United.States Court of Appeals ruled that tattoos, tattooing,_ and the business of tattooing are considered a form of artistic expression and therefore. protected, under the First Amendment. This it decision made illegal for any jurisdiction In California to prohibit 'tattoo establishments. More recently, a{ the beginning of this'year, Court of Appeals also determined that municipalities should ensure that there aresufficient locations in which tattoo, establishments may operate. The proposed tattoo amendments will bring the City's tattoo regulations into compliance with laws regarding freedom'of expression and will allow new tattoo businesses to,open in Santa Ana. Project Analysis Staff is proposing several amendments to Chapter 41 of the SAMC. The amendments identified below are the second of.several amendments that will be made to the Code until the General Plan update is completed -and a comprehensive'Zoning Code update -commences. The following provides a brief summary of the recommended amendments to the three key areas;of,concerns identified ;by the Planning Division staff and.the.public: 1. Farmers" Markets -Section 41-195.5 (h)' The proposed ordinance. will allow certified farmers' markets in the commercial and industrial zones subject to the approval of a land use certificate, similar to other temporary outdoor activities listed In Section 41-195 of the SAMC. Thls.amendment is Intended to support the public health movement of the City. 2. Retail Markets open between the hours of 12:00 a.m. and 5:00 a.m. Section 41-522 The proposed amendment will allow retail markets having less than 20,000 square feet of floor .area which are open at any time between the hours of 12:00. midnight and 5:00 a.m. subject to the approval of a conditional use permit in the C -SM zone. This modification will make the•C- SM zone consistent with the C1, C2, C4.and C5 zones, which allow after hours operations with a CUP. 75B-6