HomeMy WebLinkAboutItem 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01 Planning and Building Agency
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Item # 53
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage
Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies)
AGENDA TITLE
Public Hearing: Zoning Ordinance Amendment (ZOA) No. 2023-01: Amendments to
Various Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to
Increasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses
from Sensitive Receptors, Update Massage Establishment Regulations, Establish a
CUP Suspension Process, and Other Edits to Address Internal Inconsistencies.
RECOMMENDED ACTION
Approve first reading of an ordinance approving Zoning Ordinance Amendment No.
2023-01 to amend various sections of Chapter 41 (Zoning) of the SAMC.
EXECUTIVE SUMMARY
Following direction to address City Council points of discussion and requests to analyze
increasing the separation requirements of noxious uses from sensitive receptors and
creating additional regulations for massage establishments, staff has prepared Zoning
Ordinance Amendment (ZOA) No. 2023-01, which proposes to amend sections of
Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). The proposed
amendments would increase the CUP separation requirement of noxious uses from
sensitive receptors from 500 linear feet to 1,000 linear feet, provide updates to the City’s
massage ordinance to require a separation requirement from residentially zoned or
used properties and regulations for legal nonconforming establishments, establish a
CUP suspension process, and provide conforming, clarifying, and non-substantive edits
to typographical errors and various internal inconsistencies.
Planning Commission Action
At its regular meeting on May 8, 2023, the Planning Commission voted 7:0 to
recommend that the City Council adopt an ordinance approving Zoning Ordinance
Amendment (ZOA) No. 2023-01. Following the Planning Commission’s
recommendation of approval, staff have added additional, minor clarifying edits to the
noxious uses section to assist with implementation of the ordinance; the edits do not
alter the substance of the Planning Commission’s approval.
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage
Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).
June 6, 2023
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DISCUSSION
Background and Overview
At the December 20, 2022, and January 17, 2023, regularly scheduled City Council
meetings, Council discussed evaluating increasing CUP requirements for noxious uses
when located near sensitive receptors from 500 linear feet to 1,000 linear feet and
exploring additional standards to regulate massage establishments and their proximity to
sensitive land uses, respectively. Subsequently, staff analyzed and intend to address said
points of discussion in the proposed ZOA.
In addition, further review of Chapter 41 has prompted the need to address various internal
inconsistencies. These amendments include updating the article number utilized when
referencing the off-street parking in various zoning districts, the terminology when
referencing daycare centers, the sections referenced in the Change of a Nonconforming
Use section, as well as updating notification requirements to be consistent with the
requirements established by the Sunshine Ordinance in Section 2-153 of the SAMC.
The proposed amendments are as follows:
Table 1: ZOA No. 2023-01 Current and Proposed Text Regulations
Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations
Noxious Uses The SAMC requires approval of a
conditional use permit for noxious uses
that require a permit to discharge air
contaminants or process or store
regulated chemicals or substances
when located within 500 feet of a
sensitive land use (Sec. 41-199.4).
Update Sec. 41-199.4 to require a
conditional use permit for noxious uses
when located within 1,000 feet of a
sensitive land use.
Massage
Establishments –
Separation and
Buffers
Massage establishments are
permissible in various commercial
zoning districts subject to approval of a
CUP.
Update Sec.41-1752 to require a 1,000-
foot separation from between massage
establishments and 500-feet separation
from residentially zoned or used
property.
Massage
Establishments –
Discontinuance of
Legal
Nonconforming
Establishments
Article VI of Chapter 41 currently does
not include standards for
discontinuance of nonconforming
massage establishments.
Proposed amendments include:
1. Message establishments which
have a valid COO and Massage
Establishment Certificate pursuant
Chapter 22 would be deemed a
legal nonconforming.
2. Subsequent applications requiring a
new COO for any reason other than
change in business name with no
change in owner of the business
would be required to conform to the
provisions of Chapter 41.
3. If a nonconforming massage
establishment is in violation of any
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage
Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).
June 6, 2023
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applicable federal, state, or local
regulation for a period of 60
consecutive days, receives three
noncompliant notices from a federal,
state, or local regulatory agency in
one-year period, or is in violation for a
total of 90 days in a one-year period,
the legal nonconforming status shall
be lost and any subsequent use of
the building shall conform in every
respect to the provisions of Chapter
41.
Change of a
Nonconforming Use
Sec. 41-685 does not reference section
41-683.6 or the proposed 41-483.7
which detail specific permissibility for
noxious uses and massages
establishments when changing a
nonconforming use.
Amend the section to reference recently
amended section 41-683.6 and
proposed section 41-683.7.
Suspension of
Conditional Use
Permit, Variance,
and Minor Exception
Permits
Article V of Chapter 41 details the
requirements for granting a conditional
use permit, variance, or minor
exception and for revoking those
permits. However, it does not address
suspension of such permits.
Add Sec. 41-650.5 to permit suspension
of conditional use permit, variance, minor
exception permits, and other land use
entitlements for a period of up to 90
consecutive days when failing to comply
with applicable regulations or conditions
of approval.
Off-street parking in
the Community
Commercial (C1)
zoning district
Sections 41-371, 41-206, 41-222, 41-
302, 41-318, 41-383, 41-417, 41-478,
and 41-577, currently incorrectly
references Article IV, when the
corresponding article number should
be XV.
Update Sections 41-371, 41-206, 41-
222, 41-302, 41-318, 41-383, 41-417,
41-478, and 41-577, to reference to the
correct off-street parking article.
Daycare center Sec. 41-150.5 provides a definition for
schools and references “child day
care,” a term that was replaced by
“daycare center.”
Delete references to child day care in the
definition for “schools” and replace with
the new term “daycare center.”
Notification
Requirements
Various sections of the zoning code
contain notification requirements
ranging from 300 to 500 feet, which are
inconsistent with the notification
standards in Section 2-153 of the
SAMC (Sunshine Ordinance).
Amend various sections (41-663 and 41-
672) to require notifications pursuant to
the Sunshine Ordinance requirements in
Section 2-153 of the SAMC.
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage
Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).
June 6, 2023
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Noxious Uses
Section 41-199.4 (Noxious uses) was adopted by Ordinance No. NS-3038 on February 7,
2023, in response to concerns related to environmental pollution and proximity of certain
land uses to sensitive receptors. Currently, the section requires noxious uses that require
a permit from a regional, state, or federal agency to emit or discharge regulated
compounds, materials, or substances that are located within 500 linear feet of a public
park, school (K-12) or property used or zoned for residential purposes to obtain a CUP.
The California Air Resources Board’s (CARB’s) Air Quality and Land Use Handbook
(Handbook) provides recommendations for the siting of uses such as these that are
sources of air pollution. The Handbook states that noxious land uses similar to those
regulated by Section 41-199.4 of the SAMC) may pose a health risk when located less
than 1,000 feet of sensitive receptors. Therefore, consistent with the findings and
recommendations in the Handbook, the proposed ordinance will increase the distance
threshold to require a CUP for noxious uses from sensitive receptors from 500 linear feet
to 1,000 linear feet, which would allow staff to review noxious uses and impose conditions
of approval to mitigate potential impacts to surrounding properties, as well as provide
community members in close proximity to these uses an opportunity to participate in the
decision making process through the public hearing process.
Massage Establishments
Currently, massage establishments are permitted subject to approval of a CUP in various
commercial zoning districts. Despite the existing requirements and development
standards in place, massage establishments have proven to present opportunities for
acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in
increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to
require a minimum 1,000-foot separation between massage establishments, and a
minimum 500-foot separation requirement from a residentially zoned or used property.
Additionally, all massage establishments which have a valid Certificate of Occupancy
(COO) and a Massage Establishment Certificate pursuant Chapter 22 (Massage
Establishments) of the SAMC, would be deemed legal nonconforming. Subsequent
applications for a COO for any reason other than a change in business name with no
change in owner of the business would be subject to CUP and separation requirements
described above. Additionally, a nonconforming massage establishment would lose its
nonconforming status if it is in violation of any applicable federal, state, or local regulations
for a period of 60 consecutive days; or, it receives three noncompliant notices from a
federal, state, or local regulatory agency within a one-year period; or, is in violation for a
total of 90 days within a one-year period.
Entitlement Suspension
Article V of Chapter 41 currently outlines the process and required findings through which
CUP, variance, and minor exception applications may be granted. Moreover, Article V also
details the process through which such permits may be revoked; however, the SAMC
remains silent on the means of suspending the land use entitlements for sites that do not
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage
Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).
June 6, 2023
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conform to the requirements of the SAMC or conditions of approval. Staff is proposing to
establish a new section (Sec. 41-650.5) to establish a process to immediately suspend
activity to allow the owner ninety (90) days to rectify any outstanding violations prior in lieu
of having to immediately escalate to the City initiating a revocation process. The
suspension process would provide an additional tool for the City to immediately address
noncompliant sites and cease the operation of nuisance-generating uses while
establishing criteria for suspension and a clear timeframe prior to initiating the revocation
process.
Conforming, Clarifying, and Non-Substantive Edits
On February 7, 2023, the City Council adopted Ordinance No. 3038 establishing a
definition for “Daycare center” and deleting “child day care.” However, the definition for
“schools” (Sec. 41-150.5) continues to reference “child day care.” Therefore, staff is
proposing clarifying edits to Section 41.150.5 to consistently reference the corresponding
terminology.
Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41-417, 41-478, and 41-577 of
the SAMC references the Article IV in directing to the Off-Street Parking standards.
However, the SAMC off-street parking standards are listed under Article XV. Therefore,
staff is proposing amending Sections 41-371, 41-206, 41-222, 41-302, 41-318, 41-383, 41-
417, 41-478, and 41-577 to reference the correct article number.
Section 41-685, which addresses changes of commercial nonconforming uses in the Light
Industrial (M1) and Heavy Industrial (M2) zoning district that are nonconforming by reason
of absence of conditional use permit may be changed to another commercial use except
as detailed in Section 41-685.5. On February 7, 2023, the City Council adopted Ordinance
No. 3038, establishing Section 41-683.6 which specific perimeters for through which a
legal nonconforming status may be maintained or lost in relation to noxious uses. Similarly
proposed Section 41-683.7, which outlines how a nonconforming status may be
maintained or lost in relation to massage establishments. Therefore, staff is proposing
amendment to Section 41-685 to also reference Section 41-683.6 and 41-683.7.
Lastly, the proposed amendments would update the zoning code to reflect the notification
requirements of the Sunshine Ordinance contained within Section 2-153 of the SAMC.
This edit will eliminate internal inconsistencies within this section of the zoning code.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA
Guidelines, the adoption of this ordinance is exempt from CEQA review 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 no possibility it will have a significant effect on the environment, and it is not
Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage
Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies).
June 6, 2023
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a “project,” as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of
Exemption, Environmental Review (ER) No. 2023-38 for ZOA No. 2023-01, will be filed
upon adoption of these ordinances.
FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of this ordinance.
EXHIBIT(S)
1. Ordinance for ZOA No. 2023-01
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Ordinance No. NS-XXX
Page 1 of 10
ORDINANCE NO. NS-XXX
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-
Ordinance No. NS-XXX
Page 2 of 10
651 (Revocation procedure for conditional use permits, variances, and
minor exception permits), Section 41-663 (Notices), Section 41-672
(Hearing), Section 41-371, 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 five
hundred (500) 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 five hundred (500) 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).
Ordinance No. NS-XXX
Page 3 of 10
(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.
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
Ordinance No. NS-XXX
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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.
(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
Ordinance No. NS-XXX
Page 5 of 10
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.
(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, and
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, or 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, or minor exception permit, or other
land use entitlement was obtained by fraud or misrepresentation.
(2) That the conditional use permit, variance, or minor exception permit, or other
land use entitlement has been exercised by the person granted the conditional
use permit, variance, or minor exception permit entitlement, or his representative,
successors, or assigns, contrary to the terms or conditions of approval, or in
Ordinance No. NS-XXX
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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, or 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, or minor exception permit, or other
land use entitlement has been revoked by the planning commission may appeal the
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.in the following manner:
(a) By publishing at least once and not less than ten (10) days before the date of the
hearing in a newspaper of general circulation.
(b) The planning commission may further require posting, not less than five (5) days
prior to said hearings, placards on such property and for a distance of not less
than three hundred (300) feet in each direction from the exterior limits of such
property.
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 and provide notice of the time and
place of the hearing to all persons, including businesses, corporations, or other
public or private entities, shown on the last equalized assessment roll, as owning
real property within three hundred (300) feet of the property which is the subject
of the application pursuant to Section 2-153 of this Code. The notice shall be
Ordinance No. NS-XXX
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given by direct mailing to the owners at least five (5) days prior to the date of the
hearing.
(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;
(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 IV 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 IV 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.
Ordinance No. NS-XXX
Page 8 of 10
Off-street parking shall be provided in the manner prescribed in Article IV 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 IV XV of this
chapter. However, of the off-street parking required by Article IV 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 IV XV of this
chapter.
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 IV 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 IV 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 IV 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.
Ordinance No. NS-XXX
Page 9 of 10
Off-street parking and loading shall be provided in the manner and number prescribed
by article IV XV of this chapter. However, of the off-street parking required by article IV
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 preschools and child day care daycare centers uses as
defined in Section 41-42.5 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
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.
ADOPTED this _______ day of ___________, 2023.
________________________________
Valerie Amezcua
Mayor
Ordinance No. NS-XXX
Page 10 of 10
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, City Clerk, do hereby attest to and certify that the
attached Ordinance No. NS-_______ to be the original ordinance adopted by the
City Council of the City of Santa Ana on ___________________, 2023 and that
said ordinance was published in accordance with the Charter of the City of Santa
Ana.
Date: ______________________ ________________________________
Jennifer L. Hall
City Clerk
City of Santa Ana