HomeMy WebLinkAboutNS-3044 - Amending Various Sections of Chapter 41 (Zoning) Relating to Noxious Use, Massage Establishments, and Related Conforming Clarifying Edits...ORDINANCE NO. NS-3044
ZONING ORDINANCE AMENDMENT NO. 2023-01 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING VARIOUS SECTIONS OF
CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL
CODE RELATING TO NOXIOUS USES, MASSAGE
ESTABLISHMENTS, AND RELATED CONFORMING
CLARIFYING EDITS; ADDING A SECTION RELATED TO
SUSPENSION OF CONDITIONAL USE PERMITS,
VARIANCES, AND MINOR EXCEPTIONS; AND MAKING
OTHER NON -SUBSTANTIAL EDITS TO ADDRESS
EXISTING INTERNAL INCONSISTENCIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. At the regularly scheduled City Council meetings held on December 20, 2022,
and January 17, 2023, respectively, the City Council discussed and requested
staff analyze increasing the separation requirements of noxious uses from
sensitive receptors and creating additional regulations for massage
establishments.
B. The Planning and Building Agency routinely reviews its ordinances to
incorporate best practices, reflect changes to State law, and address
community needs.
C. Following analysis of the City Council points of discussion, staff has prepared
Zoning Ordinance Amendment (ZOA) No. 2023-01 to amend various sections
of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address
increasing the separation requirements of noxious uses from sensitive
receptors and creating additional regulation for massage establishments.
D. Amendments to Chapter 41 are necessary to ensure uniform and legally
consistent regulations as well as additions to enable the City to implement a
regulatory framework that protect the health, safety, and welfare of the City.
E. Zoning Ordinance Amendment No. 2023-01 amends and adds various
sections to Chapter 41, including Section 41-199.4 (Noxious uses), Section
41-1752 (Permitted zones and locations), Section 41-683.7 (Discontinuance
of nonconforming massage establishments), Section 41-685 (Change of a
nonconforming use), Section 41-650.5 (Suspension of conditional use
permits, variances, minor exception permits), Section 41-651 (Revocation
procedure for conditional use permits, variances, and minor exception
permits), Section 41-663 (Notices), Section 41-672 (Hearing), Section 41-371,
Ordinance No. NS-3044
Page 1 of 10
41-206, 41-222, 41-302, 41-318, 41-383, 41-417, 41-478, and 41-577 (Off-
street parking), and Section 41-150.5 (Schools).
F. The proposed amendments to the Santa Ana Municipal Code (SAMC)
support the objectives and policies of the City's General Plan.
G. On May 8, 2023, the Planning Commission held a duly -noticed public hearing
to consider this Ordinance, where all interested persons were given an
opportunity to be heard, and recommended approval of the ordinance to the
City Council. Following Planning Commission recommendation of approval,
the Planning Division added additional non -substantive, clarifying edits to
Section 41-199.4(a) to address implementation of the Ordinance.
H. On June 6, 2023, the City Council held a duly -noticed public hearing to
consider this Ordinance, where all interested persons were given an
opportunity to be heard.
Section 2. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 3. Section 41.199.4 (Noxious Uses) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-199.4. - Noxious uses.
(a) Any use other than eating establishments listed in Section 41-472 or 41-
472.5 of this chapter, regardless of the zoning district it is established or
proposed to be established in, that requires a permit from a regional, state, or
federal agency to handle, store, emit or discharge particulate materials;
exhaust emissions; or handle, store, emit or discharge regulated compounds,
hazardous materials, chemicals, or substances that is located within one
thousand (1,000) linear feet of a public park, school (K-12) as defined by
Section 11362.768 of the Health and Safety Code, or property used or zoned
for residential purposes requires approval of a conditional use permit.
(b) The one thousand (1,000) linear foot distance shall be measured from the
outermost boundary of the subject property to the closest point of any public
park, school, or property used or zoned for residential purposes.
(c) The property owner or business operator of a business regulated by
subsection (a) shall be responsible for notifying the City of any requirement to
obtain a permit from a regional, state, or federal agency. Notification to the
City must be made prior to obtaining any permit from a regional, state, or
federal agency for the business activities listed in subsection (a).
(d) A business regulated by this section shall be in compliance with all provisions
established by this Code and all applicable federal, state, or local regulations
and conditions established by regulating and permitting agencies.
Ordinance No. NS-3044
Page 2 of 10
Section 4. Section 41-1752 (Permitted zones and locations) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-1752. - Permitted zones and locations.
(a) A chair massage service may be located in commercial zoning districts where
retail and service uses are permitted.
(b) An ancillary massage establishment may only be located in zoning districts
that permit health clubs, athletic clubs, gyms, hotels, or where medical
services are permitted.
(c) Massage establishments may be located within the following zoning districts
subject to the issuance of a conditional use permit:
(1) Massage establishments may be permitted on parcels in the C1, C1-MD,
C2, C4, C5, or C-SM zoning districts.
(2) Massage establishments may be permitted on a parcel within any
Specific Plan or Specific Development zoning district in which massage
establishments are defined and permitted.
(3) Massage establishments are not permitted in any other zoning district.
(4) No massage establishment shall be located within one thousand (1,000)
feet of another massage establishment. The one thousand (1,000) foot
separation requirement shall be measured from the primary entrance of
the massage establishment to the primary entrance of the nearest
massage establishment.
(5) No massage establishment shall be located on a parcel located within
five hundred (500) feet of a property zoned or used for residential
purposes. The five hundred (500) foot separation requirement shall be
measured from the primary entrance of the massage establishment to the
outermost boundary of the nearest residential parcel.
Section 5. Section 41-683.7 (Discontinuance of a nonconforming massage
establishments) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-683.7. - Discontinuance of nonconforming massage establishments.
(a) All massage establishments that have a valid certificate of occupancy and a
massage establishment permit pursuant to Chapter 22 (Massage
Establishments) of this Code, prior to the effective date of this section, shall be
deemed a nonconforming massage establishment.
(b) If a nonconforming massage establishment requires a new certificate of
occupancy for any reason other than a change in business name with no change
in ownership of the business, the nonconforming status shall be lost and any
subsequent use must conform in every respect to the provisions of this chapter.
Ordinance No. NS-3044
Page 3 of 10
(c) If a nonconforming massage establishment is in violation of any applicable
federal, state, or local regulation for a period of sixty (60) consecutive days,
receives three (3) noncompliant notices from a federal, state, or local regulatory
agency in a one (1) year period, or is in violation of any applicable federal, state,
or local regulation for a total of ninety (90) days in a one (1) year period, the
nonconforming status shall be lost and any subsequent use of the building shall
conform in every respect to the provisions of this chapter.
Section 6. Section 41-685 (Change of a nonconforming use) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-685. — Change of a nonconforming use.
(a) The conversion of a residence in any commercial or industrial district to a use
permitted in that district shall conform in every respect to all requirements and
conditions set forth for such new use by this chapter.
(b) Except as specified in section 41-685.5, 41-683.6, and 41-683.7, a commercial
use in the M1 or M2 district which is a nonconforming use by reason of the
absence of a conditional use permit may be changed to another commercial use
without the necessity of obtaining a conditional use permit.
Section 7. Section 41-650.5 (Suspension of conditional use permits,
variances, minor exception permits, and other land use entitlements) of Chapter 41 of
the SAMC is hereby added in its entirety to read as follows:
Sec. 41-650.5. - Suspension of conditional use permits, variances, minor
exception permits, and other land use entitlements.
(1) The Executive Director of the Planning and Building Agency after notice by mail
to the legal owner of the property and to the tenant of said property may
immediately suspend a conditional use permit, variance, minor exception, or
other land use entitlement on any one (1) or more of the following grounds:
(a) Failure to comply with conditions of approval, if granted subject to
conditions.
(b) Evidence available at the time of review that was not available when the
permit was granted that could not have been obtained with reasonable
diligence prior to the hearing, resulting in the findings made pursuant to
Section 41-638(a)(1) no longer being valid.
(c) Violations of this Code or conditions of approval observed by a City official
that are not corrected and abated to the satisfaction of the Executive
Director of the Planning and Building Agency within (10) days of written
notice by mail to the recorded owner of the property and to the tenant of
said property if any.
Ordinance No. NS-3044
Page 4 of 10
(d) The holder of the conditional use permit, variance, minor exception, or
other land use entitlement is exercising the entitlement in a manner that is
inconsistent with the original approval and its scope.
(2) The suspension of a conditional use permit, variance, minor exception permit, or
other land use entitlement shall only be lifted until such time that observed
violations of this Code or conditions of approval have been abated and corrected
to the satisfaction of the Executive Director of the Planning and Building Agency.
(3) The person whose conditional use permit, variance, minor exception, or other
land use entitlement has been suspended by the Executive Director of the
Planning and Building Agency may appeal the decision in writing to the Planning
Commission within ten (10) days after such decision. The Planning Commission,
after public hearing may affirm, change, or modify the original decision by the
Executive Director.
(4) If the legal owner or person granted the permit fails to abate and correct the
observed violations within ninety (90) days of suspension of the permit, the City
may elect to commence revocation procedures outlined in Section 41-651 of this
chapter.
Section 8. Section 41-651 (Revocation procedure for conditional use permits,
variances, and minor exception permits) of Chapter 41 of the SAMC is hereby amended
to read as follows:
Sec. 41-651. - Revocation procedure for conditional use permits, variances,
minor exception permits, and other land use entitlements.
The planning commission may, after twenty (20) days notice by mail to the record owner
of the property and to the tenant of said property, if any, and after a public hearing,
revoke a conditional use permit, a variance, a minor exception permit, and other land
use entitlements on any one (1) or more of the following grounds:
(1) That the conditional use permit, variance, minor exception permit, or other land
use entitlement was obtained by fraud or misrepresentation.
(2) That the conditional use permit, variance, minor exception permit, or other land
use entitlement has been exercised by the person granted the entitlement, or his
representative, successors, or assigns, contrary to the terms or conditions of
approval, or in violation of any statute, ordinance, law or regulation not excused
by the conditional use permit, variance, or minor exception permit.
(3) That the use permitted by the conditional use permit, variance, minor exception
permit, or other land use entitlement is being or has been so exercised as to be
detrimental to the public health, welfare, or safety or so as to constitute a
nuisance.
The person whose conditional use permit, variance, minor exception permit, or other
land use entitlement has been revoked by the planning commission may appeal the
Ordinance No. NS-3044
_ __ _ Page 5 of 10
decision of the planning commission in writing to the city council within ten (10) days
after such decision by the planning commission. The city council, after public hearing,
may affirm, reverse, change or modify the original decision of the planning commission.
In the event a conditional use permit, variance, minor exception permit, or other land
use entitlement has been revoked and said revocation is in effect, an application for
another conditional use permit, variance, minor exception permit, or other land use
entitlement of the same or substantially similar use or scope may not be filed for at least
twelve (12) consecutive months from the date of revocation.
Section 9. Section 41-663 (Notices) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-663. - Notices
Following the receipt in proper form of any such application, the director of planning
shall fix a time and place of public hearing thereon. The date of such public hearing and
location of the property and nature of the request shall be given in a manner consistent
with Section 2-153 of this Code.
Section 10. Section 41-672 (Hearing) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-672. - Hearing.
(a) Except as provided in subsection (c) of this section, whenever approval of plans
for a development project will constitute a substantial or significant deprivation of
property rights of other landowners, the director of planning and development
services shall set the matter for public hearing pursuant to Section 2-153 of this
Code.
(b) Whenever a public hearing is required pursuant to subsection (a) of this section,
the applicant may be required to provide the director of planning and
development services with a list of the names and addresses of the property
owners entitled to notice under said subsection (a).
(c) If the development project requires a discretionary approval in order to proceed,
and if the application for such discretionary approval requires a public hearing by
the planning commission or the city council, then no hearing need be held on the
development plan separate and apart from the hearing on the application for the
discretionary approval; provided, however, in such event:
(1) The notice of hearing on the application for the discretionary approval
shall meet the requirements of subsection (a) of this section;
(2) Any approval of the development project plans by the director of planning
and development services shall be subject to the condition that such plans
be subsequently approved by the planning commission or city council
following the hearing;
Ordinance No. NS-3044
Page 6 of 10
(3) The hearing shall extend to and include all issues relevant to development
project plan approval under this division; and
(4) The planning commission or city council shall approve, conditionally
approve, or disapprove the plans for the development project following the
hearing.
Section 11. Section 41-371 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-371. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 12. Section 41-206 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-206. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 13. Section 41-222 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-222. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 14. Section 41-302 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-302. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter. However, of the off-street parking required by Article XV, at least one parking
space per unit shall be within a garage or carport. All additional parking stalls may be
uncovered.
Section 15. Section 41-318 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-318. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Ordinance No. NS-3044
Page 7 of 10
Section 16. Section 41-383 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-383. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 17. Section 41-417 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-417. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 18. Section 41-478 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-478. - Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter.
Section 19, Section 41-577 (Off-street parking) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-577. - Off-street parking.
Off-street parking and loading shall be provided in the manner and number prescribed
by article XV of this chapter. However, of the off-street parking required by article XV,
not less than one (1) parking space per dwelling unit shall be a covered parking stall;
that is, said stall shall be in a carport or garage.
Section 20. Section 41-150.5 (Schools) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-150.5. - Schools.
A school means any public, charter, or private educational facility for elementary,
middle, junior high, and high school, serving kindergarten through twelfth grade
students, including denominational and sectarian, boarding schools, and military
academies, but does not include daycare centers as defined in Section 41.47.5,
Section 21. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
Ordinance No. NS-3044
Page 8 of 10
no possibility it will have a significant effect on the environment, and it is not a "project,"
as defined in Section 15378 of the CEQA Guidelines.
Section 22. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 23. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 24. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law. j
ADOPTED this 201h day of June, 2023.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: VP - v
Jcon M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Amezcua, Bacerra. Hernandez. Looez
Penaloza, Phan, Vazquez (7)
None (0)
None (0)
None (0)
Ordinance No. NS-3044
Page 9 of 10
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached
Ordinance No. NS-3044 to be the original ordinance adopted by the City Council of the
City of Santa Ana on June 20, 2023 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
J nnifer L. all
City Jerk
City of Santa Ana
Ordinance No. NS-3044
Page 10 of 10
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 3709759
Norma Orozco
CITY OF SANTA ANA/CITY CLERK
20 CIVIC CENTER PLAZA M-30
SANTA ANA, CA - 92701
ORD - ORDINANCE PUBLICATION
NOTICE OF SECOND READING OF PROPOSED ORDINANCE BY
THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. 3044
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the city of SANTA ANA, county of ORANGE, and adjudged a
newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of ORANGE, State of California,
under date 06/20/1922, Case No. 13421. That the notice, of which the
annexed is a printed copy, has been published in each regular and entire issue
of said newspaper and not in any supplement thereof on the following dates,
to-wit:
06/09/2023
06/09/2023
ORANGE
!A000006332585!
Email
NOTICE OF SECOND READING OF
PROPOSED ORDINANCE
BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA,CA.
The City of Santa Ana encourages the
public to participate in the decision-
making process.The following notice
is being provided so that you can ask
questions,make comments,and stay
informed about changes in land use,
fees,or other projects that might be
important to you.We encourage you to
contact us if you have any questions.
NOTICE IS HEREBY GIVEN -The City
Council of the City of Santa Ana will
consider adopting an ordinance.The title
of the ordinance is as follows:
ORDINANCE NO.NS-3044 -ZONING
ORDINANCE AMENDMENT NO.2023-01
–AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA
AMENDING VARIOUS SECTIONS OF
CHAPTER 41 (ZONING)OF THE SANTA
ANA MUNICIPAL CODE RELATING TO
NOXIOUS USES,MASSAGE
ESTABLISHMENTS,AND RELATED
CONFORMING CLARIFYING EDITS;
ADDING A SECTION RELATED TO
SUSPENSION OF CONDITIONAL USE
PERMITS,VARIANCES,AND MINOR
EXCEPTIONS;AND MAKING OTHER
NON-SUBSTANTIAL EDITS TO
ADDRESS EXISTING INTERNAL
INCONSISTENCIES
Meeting Time and Date:This matter will
be heard on the Consent Calendar on
Tuesday,June 20,2023 at 5:45 p.m.or
thereafter in the City Council Chamber,22
Civic Center Plaza,Santa Ana,California
92701.All interested persons can refer to
the following link for more information and
instructions for participating in the meeting
www.santa-ana.org/cc/city-meetings.
How To Make Comments:If you are
unable to participate in the meeting,you
may send written comments by email to
eComment@santa-ana.org (reference the
Agenda #in the subject line)or mail to
Jennifer L.Hall,City Clerk,City of Santa
Ana,20 Civic Center Plaza –M30,Santa
Ana,CA 92701.All written
communications received two hours prior
to the scheduled start time on the day of
the meeting will be distributed to the City
Council and imaged into the City's
document archive system which is
available for public review.
Who To Contact For Questions -Should
you have any questions,please contact
the City Clerk's Office at 714-647-6520
during regular business hours.
Where To Get More Information:All staff
reports regarding any item on this agenda
are available for public inspection in the
City Clerk's Office during regular business
hours and posted on the City's website at
least 72 hours before a Council meeting
at:www.santa-ana.org/cc/city-meetings.
Ordinance Second Reading Adoption
Process -Ordinances become effective
30 days after second reading by the City
Council.Most ordinances are codified into
the Santa Ana Municipal Code and
become city laws.
Si tiene preguntas en Español,favor de
llamar al (714)647-6520.
N u c n liên l c b ng ti ng Vi t,xin
i n tho i cho Tony Lai s (714)565-
2627.
Jennifer L.Hall,CMC
City Clerk
6/9/23
OR-3709759#