HomeMy WebLinkAboutItem 39 - Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the SAMC Planning and Building Agency
santa-ana.org/departments/planning-and-building/
Item # 39
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the
Santa Ana Municipal Code (SAMC) Pertaining to Regulating Noxious Uses, Medical
Offices Operated by Government, Government-Subsidized, Not-for-Profit, or
Philanthropic Entities, Electric Fences, and Various Use Definitions
AGENDA TITLE:
Zoning Ordinance Amendment No. 2022-07 – An Urgency Ordinance of the City Council
of the City of Santa Ana Amending Various Sections of Chapter 41 (Zoning) of the Santa
Ana Municipal Code (SAMC) Related to Noxious Uses, Medical Offices Operated by
Government, Government-Subsidized, Not-for-Profit, or Philanthropic Entities, Electric
Fences, and Various Use Definitions
RECOMMENDED ACTION
Approve Zoning Ordinance Amendment No. 2022-07 and adopt the Urgency Ordinance
by two-thirds (2/3) vote to amend various sections of Chapter 41 (Zoning) of the Santa
Ana Municipal Code (SAMC).
EXECUTIVE SUMMARY
Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC to
accomplish the following: address current and immediate threats to the public health,
safety, or welfare due to the absence of regulations on noxious uses in close proximity to
schools, parks, and residences; the absence of clear definitions defining and
characterizing the various professional and administrative, and medical and non-medical
land uses and a conditional use permit (CUP) requirement for medical offices operated
by government, government-subsidized, not-for-profit, or philanthropic entities; standards
for construction of electric fences; and various use definitions to effectively carry out
regulations. The proposed amendments are described in further detail in the Discussion
section of this report.
DISCUSSION
Pursuant to SB 1000, the City was required to address Environmental Justice in the General
Plan Update. The General Plan includes numerous goals, policies, and implementation
actions that were developed in collaboration with the community to address environmental
issues that Santa Ana residents face on a daily basis. Staff is proposing to amend several
sections of Chapter 41 (Zoning) of the SAMC to address current and immediate threats to
the public health, safety, or welfare due to the absence of regulations on noxious uses in
close proximity to schools, parks, and residences. In addition, the absence of clear
definitions defining and characterizing the various professional and administrative, and
medical and non-medical land uses and a conditional use permit requirement for medical
ZOA No. 2022-07 – Urgency Ordinance
December 12, 2022
Page 2
3
1
4
8
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
noxious land uses through permitting
them in industrial zoning districts.
However, the SAMC does not provide
additional regulation for uses that have
a regional, state, or federal permit to
emit or store or process hazardous
waste that are in close proximity to
sensitive land uses.
1. Create new “noxious uses” section to
require approval of a conditional use
permit for industrial type uses located
within 500 feet of a sensitive land use
that requires a permit to discharge air
contaminants or process or store
regulated chemicals or substances
(Sec. 41-199.4).
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
Zoning District
The Professional (P) zoning district
permits medical and dental offices by
right. However, the zoning district does
not currently permit medical uses
operated by government, government-
subsidized, not-for-profit, or
philanthropic entities.
Revise the uses permitted subject to a
conditional use permit section of the
Professional (P) zoning district to require
a conditional use permit for medical
offices operated by government,
government-subsidized.
Counseling Services
- Definition
The SAMC does not currently define
counseling services.
Create “counseling services” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec. 41-44.6).
ZOA No. 2022-07 – Urgency Ordinance
December 12, 2022
Page 3
3
1
4
8
Noxious Uses
In response to community concerns related to environmental pollution and the proximity
of certain industrial uses in relation to homes, schools, and parks, the City adopted
numerous environmental justice policies and actions in its General Plan to amend use
regulations and development standards in the Zoning Code. A majority of the actions in
the General Plan related to use, buffers, and development standards will be analyzed and
addressed through the comprehensive Zoning Code Update. However, noxious
businesses in close proximity to parks, schools, and residences is of immediate concern
as they pose an immediate threat to the health and safety of those recreating, attending
school, or residing in their proximity. Additionally, federal, state, and regional permitting
agency requirements alone are insufficient to properly protect the health and safety of
residents as has been proven through the numerous businesses that continue to be
licensed in close proximity to sensitive receptors even when they violate applicable
federal and state laws. Staff is proposing to create a new Section 41-199.4 (Noxious uses)
to require a CUP for industrial uses that require a permit to handle, store, emit or
discharge regulated compounds, materials, chemicals, or substances from a regional,
Medical Office -
Definition
The SAMC does not currently define
medical office.
1. Create “medical office” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec. 41-121).
2. Update the permitted uses sections
of the Professional (P), Community
Commercial (C1), Community
Commercial—Museum District (C1-
MD), Arterial Commercial (C5), and
South Main Street Commercial
District (C-SM) to consistently use
“medical office.”
Professional,
Business, and
Administrative Office
- Definition
The SAMC does not currently define
professional, business, and
administrative office.
1. Create “professional, business, and
administrative office” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec.41-127.5)
2. Update the permitted uses sections
of the Professional (P), Community
Commercial (C1), Community
Commercial—Museum District (C1-
MD), Arterial Commercial (C5), and
South Main Street Commercial
District (C-SM) to consistently use
“professional, business, and
administrative office.”
Electric Fences The SAMC is currently silent on electric
fences. The SAMC neither defines nor
regulates electric fences, which have
become more widely used as a means
to secure property from theft and/or
vandalism.
1. Create “electric fence” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec. 41-54.5)
2. Add new section to regulate zones
and properties where electric fences
are permitted (only in M1 and M2,
and only where abutting a rail right-
of-way) subject to a minor exception
(Sec. 41-610.5).
ZOA No. 2022-07 – Urgency Ordinance
December 12, 2022
Page 4
3
1
4
8
state, or federal agency when located within 500 feet of a public park, school, or a property
used or zoned for residential purposes.
To buttress this new amendment, staff also proposes to create a new Section 41-683.6
(Discontinuance of nonconforming noxious use) to require these types of businesses that
do not have a CUP and are nonconforming to comply with development standards and
CUP requirements when a business changes ownership, requires a new Certificate of
Occupancy, or is in violation of any applicable federal, state, or local regulation for a
period of sixty (60) consecutive days, receives three noncompliant notices, or is in
violation for a total of ninety (90) days in a one year period.
Professional, Business, and Administrative Office; Counseling Services; Medical Offices
Chapter 41 of the SAMC currently does not provide a definition for “professional,
business, and administrative office,” and zoning districts where the use is permitted utilize
inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define
“professional, business, and administrative office” and to amend the uses permitted
sections of various zoning districts where the use is permitted to utilize consistent
terminology and provide clarity.
Chapter 41 of the SAMC currently permits “counseling services” in the General
Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a
definition for the use. As such, businesses offering counseling services have attempted
to operate in zoning districts where the use is not permitted under the impression that the
use could be classified as a “professional, business, and administrative office” or a
“medical office.” To provide clarity to prospective businesses, staff is proposing to create
a new Section 41-44.6 to define “counseling services.”
Chapter 41 of the SAMC currently does not provide a definition for “medical office,” and
zoning districts where the use is permitted utilize inconsistent terminology. The lack of a
definition and utilization of inconsistent terminology, staff spends an inordinate amount of
time providing members of the public and prospective business operators clarification on
what business uses are categorized as a medical office and where the use is permitted.
Staff is proposing to create a new Section 41-121 to define “medical office” and to amend
the uses permitted sections of various zoning districts where the use is permitted to
provide consistency in terminology and clarity. The amendments would also permit
medical offices operated by government, government-subsidized, not-for-profit, or
philanthropic entities subject to approval of a CUP.
The above referenced definitions and amendment are needed to effectively carry out
regulations and provide for their enforcement, without which the City would be in a
precarious and untenable position when reviewing applications and making
determinations to approve or deny a land use.
ZOA No. 2022-07 – Urgency Ordinance
December 12, 2022
Page 5
3
1
4
8
Electrified Security Fences
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. To address this pressing security
matter, provide property and business owners another option to protect property from
theft or vandalism, staff is proposing to amend Section 41-610.5 (Walls and fences) of
the SAMC to permit electric fences only in the Light Industrial (M1) and Heavy Industrial
(M2) zoning districts, respectively, on properties that abut a railroad right-of-way subject
to the issuance of a minor exception. Additionally, staff is proposing a number of
development standards such as minimum distance from residential properties, screening
requirements, and accessibility requirements to ensure community compatibility,
aesthetic considerations, and emergency responder access are addressed and
maintained.
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
15061(b)(3) and 15061(b)(5) of the 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. As a result Environmental
Review No. 2022-123 will be filed upon adoption of this ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance for ZOA No. 2022-07
Submitted By:
Minh Thai, Executive Director of the Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Ordinance No. NS-XXX
Page 1 of 12
ORDINANCE NO. NS-XXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING VARIOUS
PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA
ANA MUNICIPAL CODE RELATING TO NOXIOUS USES,
MEDICAL OFFICES OPERATED BY GOVERNMENT,
GOVERNMENT-SUBSIDIZED, NOT-FOR-PROFIT, OR
PHILANTHROPIC ENTITIES, AND DEFINITIONS FOR
OTHER OFFICE USES
WHEREAS, pursuant to SB 1000, the City was required to address Environmental
Justice in the General Plan Update due to a number of disadvantaged communities
located within the City; and
WHEREAS, the City Council adopted the General Plan Update on April 19, 2022,
which included numerous goals, policies, and implementation actions associated with
addressing environmental justice; and
WHEREAS, developing, adopting, implementing, and enforcement of
environmental laws, regulations, and policies can help address longstanding
environmental impacts on communities; and
WHEREAS, Land Use Element action 3.2 states that the City will undertake
updating the zoning code's development and operational standards to address
incompatibility of industrial uses in close proximity to sensitive receptors; and
WHEREAS, the absence of clear and consistent use of terms and definitions for
professional, business, and administrative office, medical office, and counseling service
is inconsistent with the goals expressed by Santa Ana Municipal Code (SAMC) Section
41-1 (Purpose) in that the City cannot effectively carry out regulations and provide for
their enforcement without clear and enforceable terms and definitions; and
WHEREAS, the absence of a conditional use permit requirement for medical
offices operated by government, government-subsidized, not-for-profit, or philanthropic
entities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that
discretion by the Planning Commission and City Council cannot be exercised to ensure
that the location and operation of such facilities are compatible with the scale, character,
and nature of surrounding properties and neighborhoods as specified in SAMC sections
41-1 (a), (b), (e), and (f); and
WHEREAS, AB 358 was adopted August of 2021, authorizing property owners that
meet specified requirements to install and operate electrified fences on their property to
protect and secure commercial or industrial property, but the absence of locally-adopted
standards in the Zoning Code allowing and regulating electrified fences on private
property poses a threat to the health, safety, and welfare of property owners and passers-
by in Santa Ana, leading to potentially dangerous configurations of electrified fences that
Ordinance No. NS-XXX
Page 2 of 12
do not meet local development standards that would otherwise ensure the safe design
and installation of such fences; and
WHEREAS, 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; and
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare due to the absence of regulations on noxious uses in close proximity to schools,
parks, and residences; the absence of conditional use requirements on medical offices
operated by government, government-subsidized, not-for-profit, or philanthropic entities
in the Professional (P) zone; the lack of clear land use definitions that may work an
adverse impact on existing communities, as well as negatively impact property values,
personal privacy, and fire safety; and the lack of standards for the installation of electric
fences on private property. These threats to public safety, health, and welfare justify
adoption of this ordinance as an urgency ordinance to be effective immediately upon
adoption by a two-thirds vote of the City Council; and
WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on
the above findings, this Ordinance is declared by the City Council to be necessary as an
emergency measure to protect and preserve the health, safety and welfare of the citizens
of the City of Santa Ana and will become effective immediately if passed by the affirmative
votes of at least two-thirds (2/3) of the members of the City Council. The City Council
hereby finds that there is an urgent need to adopt these regulations in order to address
the current and immediate threats set forth above.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as
follows:
Section 1. The recitals above are each incorporated by reference and adopted
as finding by the City Council.
Section 2. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-44.6. - Counseling services.
A facility where personnel provide counseling services in individual or group sessions that
focus specifically on mental development, recovery, rehabilitative vocational assistance,
and employment preparation for the purposes of achieving independence, and/or
integration in the workplace and community. For a practice providing counseling services
specializing in substance abuse, this includes a facility that provides substance abuse
counseling practiced by a licensed professional, on an outpatient basis, with or without
the dispensing of medication onsite. “Counseling services” does not include “Medical
office,” which is separately defined.
Section 3. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby
added to read as follows:
Ordinance No. NS-XXX
Page 3 of 12
Sec. 41-54.5. - Electric fence.
"Electric Fence" and “Electrified Fence” shall mean any fence powered by an electrical
energizer with characteristics outlined and defined in California Civil Code Section 835
used to protect and secure industrial property.
Section 4. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-121. - Medical office Reserved.
A medical office is a facility providing consultation, diagnosis, therapeutic, preventive,
surgical, or corrective personal treatment services by doctors or dentists, and their
support staff, to support the healing of humans, wherein such medical doctors and
dentists are licensed. These facilities can be at health centers, individual doctor or dentist
offices, and exclude practices providing counseling services specializing in substance
abuse, homeless support services, and medical research laboratories.
Section 5. Section 41-127.5 (Professional, business, and administrative office)
of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-127.5. - Professional, business, and administrative office.
A professional, business, or administrative office is an establishment providing direct,
"over-the-counter" services or business services to consumers or clients (e.g., insurance
agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type
facilities occupied by businesses providing professional services and/or engaged in the
production of intellectual property.
Section 6. Section 41-199.4 (Noxious uses) of Chapter 41 of the SAMC is
hereby added 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 regulated compounds, materials, chemicals, or
substances that is located within 500 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 a conditional use permit.
(b) The 500 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
Ordinance No. NS-XXX
Page 4 of 12
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.
Section 7. Section 41-313 (Uses permitted in P district) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-313. - Uses permitted in P district.
The following uses are permitted in the P district:
(a) Professional, business, and administrative offices where no merchandise is sold.
(b) Banks, savings and loan offices, credit unions, and mortgage and finance
companies.
(c) Travel agencies.
(d) Medical and dental offices.
(e) Art galleries, art and photography studios.
(f) Museums and science centers.
(g) Print and copy services.
(h) Pharmacies, limited to the dispensing of goods and merchandise related to
health care only, and excluding drive-through facilities.
(i) Child care facilities.
(j) Non-freestanding commercial and service uses which do not exceed ten (10)
per cent of the floor space of the building in which they are located and which
are supportive of, compatible with, and integrated into the professional and
business uses on the same property, excluding drive-through facilities, and
commercial uses which are open at any time between the hours of 12:00
midnight and 5:00 a.m.
(k) Freestanding restaurants, cafes, and eating establishments, excluding drive-
through facilities and excluding any eating establishment specified in section 41-
313.5.
Section 8. Section 41-313.5 (Uses subject to a conditional use permit in the P
district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Ordinance No. NS-XXX
Page 5 of 12
Sec. 41-313.5. - Uses subject to a conditional use permit in the P district.
The following may be permitted in the P district, subject to the issuance of a
conditional use permit:
a. Convalescent hospitals, nursing homes, rest homes and extended care facilities.
b. Hospitals.
c. Trade and professional schools.
d. Health clubs and gymnasiums.
e. Recreational or entertainment uses if carried on in conjunction with any of the
uses specified in clauses (e), (f) and (k) of section 41-313.
f. Ambulance and emergency medical response services.
g. Non-freestanding commercial and service uses which are open at any time
between the hours of 12:00 midnight and 5:00 a.m., provided that such uses
also meet the standards for commercial and service uses permitted under
section 41-313, and further provided that such uses have less than twenty
thousand (20,000) square feet of floor area.
h. Eating establishments open at any time between the hours of 12:00 midnight
and 5:00 a.m. and located within one hundred fifty (150) feet of residentially
zoned or used property, measured from property line to property line.
i. Banquet facilities, subject to development and operational standards set forth in
section 41-199.1.
j. Banquet facilities as an ancillary use, subject to development and operational
standards set forth in section 41-199.1.
k. Adult day care facilities.
l. Clubs, fraternities and lodges.
m. Bail bond uses, subject to development and operation standards set forth in
section 41-323.
n. Churches and accessory church buildings.
o. Parking lots and parking structures subject to compliance with the requirements
of Section 41-324.
p. Medical offices operated by government, government-subsidized, not-for-profit,
or philanthropic entities.
Section 9. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-365. - Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
(a) Retail and service uses.
Ordinance No. NS-XXX
Page 6 of 12
(b) Professional, business, and administrative and business offices.
(c) Automobile parking lots and parking structures.
(d) Automobile sales, but excluding truck, trailer, tractor and boat sales.
(e) Churches and accessory church buildings.
(f) Mortuaries.
(g) Theaters.
(h) Hospitals, clinics, and sanitariums.
(i) Animal hospitals and veterinaries.
(j) Plant nurseries.
(k) Gymnasiums.
(l) Golf courses, both regulation and miniature, and driving ranges.
(m) Public utility structures, including electric distribution and transmission
substations.
(n) Restaurants, cafes, and eating establishments, other than those specified in
Section 41-365.5.
(o) Schools and studios operated for commercial or public purposes.
(p) Childcare facilities.
(q) Service stations.
(r) Automobile servicing.
(s) Tattoo and/or body art establishments, subject to the development and
operational standards set forth in Section 41-199.3.
(t) Medical offices.
Section 10. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter
41 of the SAMC is hereby amended to read as follows:
Sec. 41-375.1. - Uses permitted in the C1-MD district.
The following uses are permitted in the C1-MD district:
(a) Retail and service uses, other than those specified in section 41-375.2.
Ordinance No. NS-XXX
Page 7 of 12
(b) Professional, business, and administrative and business offices where no
merchandise is sold.
(c) Medical and dental offices.
(d) Theaters and cinemas.
(e) Gymnasiums and health clubs.
(f) Travel agencies, with no embarking or disembarking of passengers.
(g) Art galleries and art and photography studios.
(h) Museums and science centers.
(i) Restaurants, cafes, and eating establishments other than those specified in
section 41-375.2, excluding eating establishments with drive-thru window
service.
(j) Child care facilities.
Section 11. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-424. Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Professional, business, and Aadministrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks,
trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in Section 41-424.5.
(g) Schools and studios operated for commercial or public purposes.
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including plant and
office.
Ordinance No. NS-XXX
Page 8 of 12
(j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000)
square feet of lot area, provided such units front on a secondary or local street.
(k) Gymnasiums and health clubs.
(l) Medical offices.
Section 12. Section 41-521 (Uses permitted in the C-SM district) of Chapter 41
of the SAMC is hereby amended to read as follows:
Sec. 41-521. - Uses permitted in the C-SM district.
The following uses are permitted in the C-SM district:
(a) Retail and service uses.
(b) Professional, business, and administrative, and business offices.
(c) Public parking lots and parking structures.
(d) Animal hospitals and veterinarians.
(e) Gymnasiums, health clubs, and martial arts studios.
(f) Public utility structures, including electric distribution and transmission
substations.
(g) Restaurants, cafes, coffeehouses, and eating establishments, other than those
provided in section 41-522, excluding the establishment of drive through service
facilities.
(h) Schools and studios operated for commercial or public purposes.
(i) Child care facilities.
(j) Art galleries, museums and exhibit halls.
(k) Plant nurseries.
(l) Theaters.
(m) Furniture stores.
(n) Youth amusement rides ancillary to grocery, general merchandise and
department retail store uses.
(o) Medical offices.
Ordinance No. NS-XXX
Page 9 of 12
Section 13. Section 41-683 (Discontinuance of nonconforming building or use)
of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-683. - Discontinuance of nonconforming building or use.
Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is
discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period
of twelve (12) consecutive months, any subsequent use must conform in every respect
to the provisions of this chapter, and a nonconforming building may not thereafter be used
or occupied until it conforms in every respect to the provisions of this chapter.
Section 14. Section 41-683.6 (Discontinuance of nonconforming noxious use) of
Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41.683.6. - Discontinuance of nonconforming noxious use.
(a) If a nonconforming use of a building regulated by Section 41-199.4 requires a new
certificate of occupancy for any reason other than a change in business name
with no change in owner of the business, legal nonconforming status shall be lost
and any subsequent use must conform in every respect to the provisions of this
chapter.
(b) If a nonconforming use of a building regulated by Section 41-199.4 is in violation
of any applicable federal, state, or local regulation for a period of sixty (60)
consecutive days, receives three noncompliant notices from a federal, state, or
local regulatory agency in a one (1) year period, or is in violation for a total of
ninety (90) days in a one (1) year period, legal nonconforming status shall be lost
and any subsequent use of the building shall conform in every respect to the
provisions of this chapter.
Section 15. Section 41-610.5 (Wall and fence requirements in the industrial and
commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-610.5. - Wall and fence requirements in the industrial and commercial zones.
(a) In the industrial and commercial zones, walls and fences shall not exceed ten (10)
feet in height, and shall not exceed four (4) feet in height where the wall or fence
extends into the required front yard or any required landscaped area.
(b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five
(5) feet in height shall be erected along any property line contiguous to any
residentially zoned property, except that such wall shall not exceed the height
limitations prescribed in subsection (a) of this section. This requirement may be
waived by the planning commission upon a finding that the abutting property is in
a period of transition to nonresidential use, or that, due to special circumstances,
the wall would not promote the public health, safety, or welfare.
(c) Barbed wire is not permitted as part of a wall or fence except as follows:
Ordinance No. NS-XXX
Page 10 of 12
(1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the
restrictions set forth hereinafter.
(2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear
year or side yard which is not viewable from a public street and is subject to
the restrictions set forth hereinafter.
(3) Barbed wire may not be used above the height limitations set forth in
subsection (a) of this section.
(4) Barbed wire may not be used as part of any wall or fence which is adjacent
to property used for residential purposes or to property which is used as a
school, church, park, or youth center.
(d) Electric fences shall only be permitted in the M1 and M2 districts subject to the
issuance of a minor exception pursuant to Article V of this Chapter and shall meet
the requirements set forth in California Civil Code Section 835 and below:
(1) Electric fences shall only be permitted on properties abutting a railroad right-
of-way.
(2) Electric fences shall be located at least one hundred and fifty (150) linear feet
from a property used for residential or public park use, or any property zoned
for such a use, or schools (K-12) as defined by Section 11362.768 of the
Health and Safety Code.
(3) Electric fences are only permitted in a rear or side yard which is not viewable
from a public street.
(4) No electric fence shall be permitted, installed, or used unless it is completely
surrounded and screened by a nonelectric wall that is at least six (6) feet in
height. In no case shall the electric fence encroach into any required setback
area.
(5) Electric fences may exceed the height of the surrounding nonelectric wall by
up to 18 inches.
(6) Any portion of the electric fence extending beyond the height of the
surrounding nonelectric screen wall shall be angled away from the property
line at a 45-degree upward slope.
(7) Electric fences shall be set back from existing walls and fences in a manner
so as to prevent accumulation of debris and to prevent unsafe conditions from
forming in any resulting gap from the setback required by this subsection.
(8) In no case shall an electric fence exceed the maximum fence height
established in subsection (a).
(9) Electric fences shall be installed to be as minimally intrusive as possible.
Ordinance No. NS-XXX
Page 11 of 12
(10) No electric fence shall be energized during advertised business hours.
(11) Electric fences shall be identified by prominently placed warning signs that
are legible from both sides of the fence. At minimum, the warning signs shall
meet all of the following criteria:
(A) The warning signs are placed at each gate and access point, and at
intervals along the fence not exceeding thirty (30) feet.
(B) The warning signs are adjacent to any other signs relating to chemical,
radiological, or biological hazards.
(C) The warning signs are marked with written warning or a commonly
recognized symbol for shock, a written warning or a commonly
recognized symbol to warn people with pacemakers, and a written or
commonly recognized symbol about the danger of touching the fence in
wet conditions.
(12) Electric fences equipped with monitored alarm systems may require an alarm
use permit.
(13) Accessibility to emergency personnel and first responders must be
maintained through the use of a knox box or other access feature as
determined by the Orange County Fire Authority and the Santa Ana Police
Department.
(14) The applicant and property owner shall enter into an agreement holding the
City of Santa Ana harmless from all legal actions that may arise due to the
operation of the electrified fence. The agreement shall be recorded with the
property and shall release the City of Santa Ana from all liability whatsoever.
Section 16. The City Council finds and determines that this ordinance is not
subject to the California Environmental Quality Act (CEQA). Pursuant to 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) 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 17. The City Council hereby declares, based on the findings set forth
above, the urgency exists and that this Ordinance is necessary and appropriate to
preserve the public health, safety, and welfare.
Section 18. This ordinance shall become effective immediately upon its adoption.
Section 19. 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
Ordinance No. NS-XXX
Page 12 of 12
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 20. 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 ___________, 2022.
_________________________
Mayor
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, ______________, Clerk of the Council, 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 _____________________, and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________
Clerk of the Council
City of Santa Ana