HomeMy WebLinkAboutItem 37 - Zoning Ordinance Amendment (2021-01) – Light Processing (Recycling) Facilities Planning and Building Agency
santa-ana.org/pb
Item # 37
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 15, 2021
TOPIC: Zoning Ordinance Amendment (ZOA) No. 2021-01 – Light Processing
(Recycling) Facilities
AGENDA TITLE:
Public Hearing - Adoption of an Ordinance Approving ZOA No. 2021-01 Amending
Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) to Require a
Conditional Use Permit (CUP) for Light Processing Facilities in the Light Industrial (M-1)
Zoning District.
RECOMMENDED ACTION
Adopt an ordinance approving ZOA No. 2021-01 to amend Sections 41-472 and 41-472.5
of the Santa Ana Municipal Code (SAMC) requiring a conditional use permit (CUP) for
Light Processing Facilities in the Light Industrial (M-1) zoning district.
DISCUSSION
On January 19, 1988, the City Council adopted Ordinance NS-1946, adding Article XIV
to Chapter 41 of the Santa Ana Municipal Code (SAMC) to regulate recycling facilities.
The ordinance created a regulatory framework to define, allow, and regulate recycling
facilities and related uses in Santa Ana, including: recycling facilities, collection facilities,
and processing facilities. A subsequent ordinance, Ordinance NS-2333, was adopted on
October 6, 1997 to update and bring the City’s existing recycling facilities ordinance into
conformance with State laws in place at the time.
Recycling uses range from smaller drop-off (collection) facilities and reverse vending
machines at the various commercial centers throughout Santa Ana, to processing
facilities where recyclable materials are bailed, compacted, flattened, grinded and
crushed, sorted, shredded, cleaned, and remanufactured. These more complex
operations are defined as processing facilities, further broken down into two categories:
Light and Heavy, and are permitted in Santa Ana’s Industrial (M-1 and M-2) zoning
districts.
Processing facilities are defined in SAMC Section 41-1250 (d). As defined in the SAMC,
a processing facility is a building or enclosed space used for the collection and processing
Zoning Ordinance Amendment (ZOA) No. 2021-01 – Light Processing (Recycling)
Facilities
June 15, 2021
Page 2
1
7
8
2
of recyclable materials. Pursuant to the SAMC, a light processing facility occupies an area
of under forty-five thousand (45,000) square feet of gross collection, processing and
storage area and has up to an average of two (2) outboard truck shipments per day. Light
processing facilities are limited to baling, briquetting, crushing, compacting, grinding,
shredding and sorting of source-separated recyclable materials and repairing of reusable
materials sufficient to quality as a certified processing facility. Light processing facilities
may not shred, compact, or bale ferrous metals other than food and beverage containers.
Further, the SAMC states that a heavy processing facility is any processing facility other
than a light processing facility. As presently written, the SAMC requires a CUP for heavy
processing facilities, which are only permitted in the Heavy Industrial (M-2) zoning district.
Section 41-1255 of the SAMC contains operational standards for all processing facilities,
whether light or heavy, one of which is that such facilities may not abut a property zoned
or used for residential purpose. However, due to the City’s age, development patterns,
and past zoning practices, there exist multiple areas of the City where Industrial (M-1 and
M-2) zoning districts directly abut residentially-zoned or used properties, now identified
as Environmental Justice Communities pursuant to California Senate Bill (SB) 1000.
These Communities include: Delhi, Logan, Cornerstone Village, Lacy, French Park,
Artesia Pilar, Casa Bonita, and other residential properties near Harbor Mixed-Use Transit
Corridor Specific Plan (SP-2), Santa Anita, and Mar-Les neighborhoods that are not part
of an established Neighborhood Association. In these areas and under the current SAMC
regulations, a light processing facility may operate just one property away from a
residential land use, without any CUP requirement.
Operations typical of light processing facilities, which include preparation of material for
efficient shipment, or to an end-user's specifications, by such means as baling,
briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding,
cleaning, and remanufacturing, are known to have detrimental effects on surrounding
properties due to the noise, odor, vibration, vermin infestation, visual, and traffic impacts
caused by inbound and outbound truck movements. The absence of a CUP requirement
does not allow the City to evaluate each submitted application for consistency with
surrounding properties and neighborhoods, as well as the General Plan, to therefore
recommend approval or denial of such applications subject to a discretionary review
process. Moreover, the current by-right review prevents the Planning Commission and
City Council from imposing conditions of approval to ensure compatible and unimpactful
operations of such facilities with surrounding properties and neighborhoods.
There currently exist 12 light processing facilities in the City. Of these, six are located in
the Light Industrial (M-1) zoning district and five are operating without a Conditional Use
Permit. Out of the 12 light processing facilities, 11 are within 1,000 feet of property zoned
or used for residential purposes. The proposed SAMC amendment would ensure
continued consistency of the Zoning Code’s regulations with SAMC Section 41-1, which
articulates the purpose of the City’s Zoning Code. The absence of a Conditional Use
Zoning Ordinance Amendment (ZOA) No. 2021-01 – Light Processing (Recycling)
Facilities
June 15, 2021
Page 3
1
7
8
2
Permit requirement for light processing facilities is inconsistent with the goals expressed
by SAMC Section 41-1, in that discretion by the Planning Commission and City Council
may not 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). Specifically, these
include goals to accomplish the following: encourage the most appropriate use of land,
conserve and stabilize property value, lessen congestion on streets and highways and
promote the health, safety and the general welfare of the people, all as part of the Santa
Ana General Plan.
General Plan Consistency
The amendments proposed by this Ordinance are consistent with numerous Goals and
Policies of the existing General Plan. These include the following: 1. Land Use Element
Goals 1 (Promote a balance of land uses to address basic community needs), 3 (Preserve
and improve the character and integrity of neighborhoods), and 5 (Ensure that the impacts
of development are mitigated); 2. Noise Element Goal 1 (Prevent significant increases in
noise levels in the community and minimize the adverse effects of currently-existing noise
sources); 3. Public Safety Element Goal 1 (Preserve a safe and secure environment for
all Santa Ana residents and workers); and 4. Urban Design Element Goals 1 (Improve
the physical appearance of the City through development of districts that project a sense
of place, positive community image, and quality environment) and 2 (Improve the physical
appearance of districts through development that is proportional and aesthetically related
to its district setting).
The City is in the process of comprehensively updating its General Plan. Proposed new
or updated Elements of the General Plan include the following: Community, Economic
Prosperity, Noise, Safety, Land Use, and Urban Design. These proposed new or updated
Elements contain draft policies that have been identified and thoroughly reviewed by
members of the Santa Ana community through surveys, workshops, meetings, and public
hearings. Consistent with SB 1000, the City is considering changes to its goals, policies,
and actions to take into consideration the topic of environmental justice that will improve
existing and future conditions for all of Santa Ana, with a focus on those in Santa Ana in
greatest need of help and protection. These draft policies are intended to improve and
maintain a high quality of life for residents, businesses, and visitors of Santa Ana and
address deleterious land uses such as Processing Facilities, both Light and Heavy, in the
City.
Prior Urgency Ordinance and Planning Commission Recommendation
Pursuant to Charter Section 415 of the Santa Ana Municipal Code and California
Government Code Section 65858, the City Council is authorized to adopt an interim
(urgency) ordinance, without following the procedures otherwise required for the adoption
of an ordinance. On May 4, 2021, the City Council voted unanimously to adopt an urgency
ordinance approving ZOA No. 2021-01. Concurrent with this effort, the Planning Division
Zoning Ordinance Amendment (ZOA) No. 2021-01 – Light Processing (Recycling)
Facilities
June 15, 2021
Page 4
1
7
8
2
has prepared the proposed permanent ordinance that requires Planning Commission
review before reconsideration by the City Council. Upon adoption, the permanent
ordinance would become effective 30 days after the City Council’s second reading.
To adopt a permanent ordinance, the City presented the ZOA for Planning Commission
consideration at a special meeting on May 25, 2021. The Planning Commission
recommended by a vote of 6:0:1 (Calderon absent) that the City Council approve ZOA
No. 2021-01 and adopt the recommended ordinance.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA
Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to
California Code of Regulations section 15061(b)(3), which is applicable if it can be seen
with certainty that there is no possibility that the project may have a significant effect on
the environment. As a result, a Notice of Exemption will be filed upon adoption of this
ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with this action. However, adoption of this
Ordinance would result in a CUP application requirement for light processing facilities.
The current CUP application review fee is $6,150.89.
EXHIBIT(S)
1. Ordinance
2. Map of Processing Facilities Operating in Santa Ana with Zoning Districts Indicated
3. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
jmf 6-15-21
Ordinance No. NS-XXX
Page 1 of 9
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-472 AND 41-
472.5 OF THE SANTA ANA MUNICIPAL CODE TO
REQUIRE A CONDITIONAL USE PERMIT FOR
PROCESSING FACILITIES AS DEFINED IN SANTA ANA
MUNICIPAL CODE SECTION 41-1250
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. On January 19, 1988, the City Council adopted Ordinance NS-1946,
adding Article XIV to Chapter 41 of the Santa Ana Municipal Code (SAMC) to
regulate recycling facilities.
B. Ordinance NS-1946 established definitions, zoning, regulations, and
operational standards for a variety of recycling-related uses, including recycling
facilities, collection facilities, and processing facilities.
C. On October 6, 1997, the City Council adopted Ordinance NS-2333,
amending various sections of the SAMC regarding recycling regulations to update
and bring the City’s existing recycling facilities ordinance into conformance with
State laws in place at the time. Ordinance NS-2333 remains in full effect.
D. Pursuant to SAMC Section 41-1250 (d), a Processing Facility is a building
or enclosed space used for the collection and processing of recyclable materials.
Processing means the preparation of material for efficient shipment, or to an end-
user's specifications, by such means as baling, briquetting, compacting, flattening,
grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Such facilities are distinguished between Light Processing Facilities or Heavy
Processing Facilities, as defined in SAMC Sections 41-1250 (d) (1) and 41-1250 (d)
(2), respectively.
E. A Light Processing Facility is permitted as a use in the Light Industrial (M-
1) and Heavy Industrial (M-2) zoning districts pursuant to Sections 41-472 (y) (3) and
41-489 of the SAMC, respectively, without the need for a conditional use permit.
F. SAMC Section 41-1 (Purpose) articulates the purpose and intent of the
City’s Zoning Code, that because of the necessity of segregating the location of
jmf 6-15-21
Ordinance No. NS-XXX
Page 2 of 9
residences, businesses, trades and industries; and regulating the use of buildings,
structures, and land; and regulating the location, height, bulk, and size of buildings
and structures, the size of yards and other open spaces; the city is divided into land-
use districts of such number, shape and area as may be considered best suited to
carry out these regulations and provide for their enforcement. The City’s zoning
regulations are considered necessary in order to: (a) encourage the most
appropriate use of land; (b) conserve and stabilize property value; (c) provide
adequate open spaces for light and air and to prevent and fight fires; (d) prevent the
undue concentration of population; (e) lessen congestion on streets and highways,
and (f) promote the health, safety and the general welfare of the people, all as part of
the General Plan of the City.
G. The absence of a Conditional Use Permit requirement for Light Processing
Facilities 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).
H. Heavy Processing Facilities are currently required to obtain approval of a
Conditional Use Permit and are only permitted in the City’s Heavy Industrial (M-2)
zoning district, pursuant to SAMC Section 41-489.5.
I. Due to the City’s age, development patterns, and past zoning practices,
there exist multiple areas of the City where Industrial (M-1 and M-2) zoning districts
directly abut residentially-zoned or used properties, now identified as Environmental
Justice Communities pursuant to California Senate Bill (SB) 1000. These
Communities include the Delhi, Logan, Cornerstone Village, Lacy, French Park,
Artesia Pilar, Casa Bonita, and other residential areas near Harbor Mixed-Use
Transit Corridor Specific Plan (SP-2), and also the Santa Anita and Mar-Les
neighborhoods that are not part of an established Neighborhood Association.
J. There currently exist 12 Light Processing Facilities in the City. Of these,
six are located in the Light Industrial (M-1) zoning district, five of which are operating
without a Conditional Use Permit. Out of the 12 light processing facilities, 11 are
within 1,000 feet of property zoned or used for residential purposes.
K. Due to the nature of their operations, Light Processing Facilities often
operate in outdoor settings, creating dust, noise, odor, and negative aesthetic
impacts on surrounding properties and neighborhoods that generate calls for code
enforcement and police services. Since 2010, the Code Enforcement Division has
received and reviewed 48 complaints for such facilities. The nature of these
complaints includes unpermitted storage and construction; sanitation, health, or
safety concerns; operating beyond approved operations or operating standards
jmf 6-15-21
Ordinance No. NS-XXX
Page 3 of 9
specified by the SAMC; outdoor business activity; debris, trash, and litter; graffiti;
homeless encampments; and unpermitted or excess signage.
L. The amendments proposed by this Ordinance are consistent with
numerous Goals and Policies of the existing General Plan. These include:
1. Land Use Element: Goals 1 (Promote a balance of land uses to address basic
community needs), 3 (Preserve and improve the character and integrity of
neighborhoods), and 5 (Ensure that the impacts of development are
mitigated);
2. Noise Element: Goal 1 (Prevent significant increases in noise levels in the
community and minimize the adverse effects of currently-existing noise
sources);
3. Public Safety Element: Goal 1 (Preserve a safe and secure environment for
all Santa Ana residents and workers); and
4. Urban Design Element: Goals 1 (Improve the physical appearance of the City
through development of districts that project a sense of place, positive
community image, and quality environment) and 2 (Improve the physical
appearance of districts through development that is proportional and
aesthetically related to its district setting).
M. The City is in the process of comprehensively updating its General Plan.
Proposed new or updated Elements of the General Plan include Community,
Economic Prosperity, Noise, Safety, Land Use, and Urban Design. These proposed
new or updated Elements contain draft policies that have been identified and
thoroughly reviewed by members of the Santa Ana community through surveys,
workshops, meetings, and public hearings. Consistent with SB 1000, the City is
considering changes to its goals, policies, and actions to take into consideration the
topic of environmental justice that will improve existing and future conditions for all of
Santa Ana, with a focus on those in Santa Ana in greatest need of help and
protection. These draft policies are intended to improve and maintain a high quality
of life for residents, businesses, and visitors of Santa Ana and address deleterious
land uses such as Processing Facilities, both Light and Heavy, in the City.
N. If Light Processing Facilities remain a use permitted in the Industrial (M-1
and M-2) zoning districts without a conditional use permit, they will pose a serious
threat to the public interest, health, safety and welfare for the following reasons:
1. Such uses may continue to locate in the City’s Industrial zoning (M-1 and M-
2) districts without appropriate and thorough review by the City’s Planning
Commission and City Council. Such uses would remain subject to the City’s
administrative review process for administrative development projects,
jmf 6-15-21
Ordinance No. NS-XXX
Page 4 of 9
pursuant to Article V, Division 3 of Chapter 41 of the SAMC. This
administrative review process ensures consistency with adopted development
standards and design guidelines, but (1) does not allow the City to evaluate
each submitted application for consistency with surrounding properties and
neighborhoods, as well as the General Plan, and to therefore recommend
approval or denial of such applications subject to a discretionary review
process, and (2) prevents the Planning Commission and City Council from
imposing conditions of approval to ensure compatible and harmonious
operations of such facilities with surrounding properties and neighborhoods.
2. Operations typical of Light Processing Facilities, which include preparation of
material for efficient shipment, or to an end-user's specifications, by such
means as baling, briquetting, compacting, flattening, grinding, crushing,
mechanical sorting, shredding, cleaning, and remanufacturing, are known to
have detrimental effects on surrounding properties due to the noise, odor,
vibration, vermin infestation, visual, and traffic impacts caused by inbound
and outbound truck movements to and from such facilities. The absence of a
Conditional Use Permit requirement for such facilities severely circumscribes
the City’s ability, through its administrative review process, to impose
conditions on such operations that would otherwise protect the health,
welfare, and safety of residents and visitors to properties abutting or in the
vicinity of Light Processing Facilities.
O. Prevention of detrimental impacts to residents, the public interest, health,
safety and welfare requires the enactment of this Ordinance. The absence of this
Ordinance will create a serious threat to the orderly and effective implementation of
any code amendments, General Plan amendments or specific plan amendments
which may be adopted by the City. Light Processing Facilities permitted by-right
may be in conflict with or frustrate other provisions of the SAMC intended to
guarantee or preserve the public peace, health, or safety. Moreover, permitting such
facilities without requiring a Conditional Use Permit would create impacts on the
public health, safety and welfare that the City Council, in adopting this ordinance,
has found to be unacceptable.
P. On May 4, 2021 the City Council unanimously adopted Urgency
Ordinance No. NS-3004 amending sections 41-472 and 41-472.5 to the identical
effect prescribed by this Ordinance, ZOA No. 2021-01. In accordance with California
Government Code section 65858, Urgency Ordinance No. NS-3004 is an interim
ordinance that remains effective for up to 45 days from the date of its adoption
(subject to extension) to allow the Planning Commission further opportunity to study
the matter.
Q. On May 25, 2021 the Planning Commission held a duly noticed public
hearing on ZOA No. 2021-01 and recommended by a vote of 6:0:1 (Calderon
jmf 6-15-21
Ordinance No. NS-XXX
Page 5 of 9
absent) that the City Council approve ZOA No. 2021-01 and adopt the
recommended ordinance.
R. The Request for City Council Action for this ordinance dated June 15,
2021 and duly signed by the Executive Director of the Planning and Building Agency
shall, by this reference, be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony constitute the necessary findings
for this ordinance.
S. The City Council of the City of Santa Ana intends that nothing in this
article shall be deemed to conflict with State or Federal law, nor to otherwise permit
any activity that is prohibited under the California Beverage Container Recycling &
Litter Reduction Act or other applicable law.
Section 2. 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 3. Section 41-472 of Article III, Division 18 of Chapter 41 of the Santa
Ana Municipal Code is hereby amended to read in full as follows:
Sec. 41-472. - Uses permitted in the M1 district.
The following uses are permitted in the M1 district:
(a) The compounding, processing, or treatment of raw or previously treated
materials into a finished or semi-finished product, excluding those uses
specified in section 41-489.5.
(b) The manufacture of products from raw or previously treated materials,
excluding those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated materials, excluding
those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or materials,
excluding those uses specified in section 41-489.5.
(e) Wholesale establishments where the primary trade is business to business
sale of products, supplies, and equipment.
(f) Storage of previously prepared goods, products or materials for eventual
distribution or sales where the goods, products or materials are the property
of the owner or operator of the building or structure.
(g) Machine shop or other metal working shops.
(h) Warehousing.
(i) Impound yards (storage only) with no office or dispatching operations.
jmf 6-15-21
Ordinance No. NS-XXX
Page 6 of 9
(j) Laundry and dry cleaning establishments in conjunction with plant operation
for such establishment on the premises.
(k) Eating establishments not specified in section 41-472.5.
(l) Research laboratories that do not generate hazardous waste materials.
(m)Service stations with no more than two thousand (2,000) square feet of the
gross floor area devoted to non-automotive related product sales.
(n) Truck, boat and heavy equipment sales, rental, and service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales (twenty-five (25) cubic feet or greater) when such
products are the primary sales activity.
(q) Public utility structures.
(r) Blueprinting, photoengraving, screen printing and other reproduction
processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender repair, painting, and
engine replacement.
(v) Home improvement warehouse store.
(w) Sales of industrial products, supplies and equipment used for final product
manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely within an
enclosed building.
(y) Recycling facilities not in excess of forty-five thousand (45,000) gross square
feet and in compliance with section 41-1253 of this Code including:
(1) Small collection facilities.
(2) Large collection facilities.
(3) Light processing facilities.
(z) Adult entertainment businesses, subject to compliance with the requirements
of article XVII of this chapter.
(aa) Storage and distribution of hazardous materials.
(bb) Passenger transportation services.
Section 4. Section 41-472.5 of Article III, Division 18 of Chapter 41 of the
Santa Ana Municipal Code is hereby amended to read in full as follows:
Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district.
The following uses may be permitted in the M1 district subject to the issuance of
a conditional use permit:
(a) Principal industrial uses if occupying less than seventy (70) per cent of the
gross floor area with the remainder of the floor area allocated to office use
only.
(b) Storage of new or used buildings or houses.
(c) Child care facilities other than as permitted by section 41-472.1.
jmf 6-15-21
Ordinance No. NS-XXX
Page 7 of 9
(d) Trade schools which provide instruction which requires the operation of heavy
equipment or machinery normally associated with manufacturing operations
such as woodworking or machine shops.
(e) Kennels for the temporary care and lodging of dogs and other domesticated
household animals.
(f) Eating establishments permitted in section 41-472 which operate between
12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a
residential use.
(g) Eating establishments with drive-through window service.
(h) Petroleum and gas storage.
(i) Freight, bus and truck terminal.
(j) Industrial medical clinics which offer medical services by referral only and do
not offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use occupying
more than thirty (30) per cent of the gross floor area.
(l) Light processing facilities and Heavy processing recycling uses facilities.
(m)Car wash facility.
(n) Banquet facilities as an ancillary use to a restaurant or eating establishment,
subject to development and operational standards set forth in section 41-
199.1.
(o) Commercial storage not within five hundred (500) feet of an arterial street (as
defined in the city's circulation element) or freeway or within one thousand
(1,000) feet of a freeway intersection.
(p) Mini-warehouse uses; provided that no conditional use permit shall be
granted unless a written finding is made that the parcel on which the use is
proposed is not within five hundred (500) feet of an arterial street (as defined
in the city's circulation element) or freeway, or within one thousand (1,000)
feet of a freeway intersection.
(q) Recreational vehicle, vehicle and/or boat storage yard; provided that no
conditional use permit shall be granted unless a written finding is made that
the parcel on which the use is proposed is: not within five hundred (500) feet
of an arterial street (as defined in the city's circulation element) or freeway, or
within one thousand (1,000) feet of a freeway intersection.
(r) Data center uses; provided that no conditional use permit shall be granted
unless a written finding is made that the parcel on which the use is proposed
is: not within five hundred (500) feet of an arterial street (as defined in the
city's circulation element) or freeway, or within one thousand (1,000) feet of a
freeway intersection.
(s) Indoor sport facility, subject to development and operational standards set
forth in section 41-482.
Section 5. 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
jmf 6-15-21
Ordinance No. NS-XXX
Page 8 of 9
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 6. 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 ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers: _________________________________
NOES: Councilmembers: _________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
jmf 6-15-21
Ordinance No. NS-XXX
Page 9 of 9
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, 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
?ìE
?ìE
!"^$
?sE
%&l(EUCLID STBRISTOL STSANTA ANA BLVD
ED INGER AV BRISTOL STSUNFLOWER AV
WARNER AV
RED HILL AVLA VETA AV
HARBOR BLVDHARBOR BLVDRAITT STWASHINGTON AV
NEWHOPE STW
A
R
N
E
R AV
1ST ST
1ST ST 1ST ST TUSTIN AV17T H ST 17TH ST
FAIRVIEWSTFAIRVIEW STFAIRVIEW STBRISTOL STMAIN STMAIN STMAIN STFLOWER STCIVIC CENTER DR
SANTA CLARA AV
SANTA CLARA AV
FAIRHAVEN AV
ALT
O
N A
V
GARDEN GROVE
BLVD
GRAND AVGLASSELL STEDINGER AV
EDINGER AV
D
Y
E
R R
D
WESTMIN STER AV
MC FADDEN AV
MC FADD EN AV
GRAND AVDYER RDFLOWER STFLOWER STWARNER AV
MACARTHUR BLVD
M
A
C
A
RT
H
U
R BLV
DBROADWAYBROADWAYBROADWAYMap 1
Map 2
Map 3
Map 4
Map 5
Map 6SantaAnaRiver
Processing FacilitiesIndex Map I
0 ½1¼
MilesSantaAnaGIS_Map_Tracker
Map Production Date: 4/5/2021
5 Star Fibers and
Recycling Inc
3230 W Westminster Av
W WASHINGTON AV
CE
N
T
U
R
Y
BLV
D
BOY
E
R
A
VBEWLEYST
W MORNINGSIDE AVN GUNTHER STW HAZARD AV
N GUNTHER STN BEWLEY STN FIGUEROA STN BEWLEY STW 11TH ST N JACKSON STN JACKSON STM1
O
O
R1
R1
R1
R1
R1
R1
R2R2
R2R2
R2R2
R2R2 R2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SP2
SantaAnaGIS_Map_Tracker
Schools
Parks
Zoning Classification
M1 - Light Industrial
O - Open Space
R1 - Single-Family Residence
R2 - Two-Family Residence
SP2 - Specific Plan 2HARBOR BLVDWESTMINISTER AV
Map Production Date: 4/5/2021
I
0 250 500
Feet
Processing Facilities
Zoning Map 1 of 6
CentennialRegional Park GodinezFundamentalHigh
Mitchell Child Dev.Center
W WARNER AV S FAIRVIEW STArqlite SPC2111 S Anne St
W POMONA ST
W SAINT ANDREW PL
W PENDLETON AV
W ANAHURST PL
W CAMDEN PL
W SAINT GERTRUDE PL
W MAYWOOD AV
S YALE STW CASTOR ST
W CALIFORNIA ST
W PENDLET
O
N
A
V S SULLIVAN STW HARVARD ST S MARINE STS FA
IRV
IEW
ST
(FRONTAGE
)S EVERGLADE STS KING STS SUSAN STS SULLIVAN STW GLENWOOD PL
S HURON DRS GLENARBOR STS ANNE STW MAYWOOD AV
W FORDHAM AV
S SUSAN STS MARINE STS SUSAN STW CARLTON PL
S YALE STW CASTOR ST
S ANNE STS SUSAN STR2-PRD
C1
C1
C4
M1
M1
M1
M1
M1
M1
M1
M1
M1 M1
M1
O
O
O
O
O
P R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R3
R3
R3
R3
R4
R4SantaAnaRiverSantaAnaGIS_Map_Tracker
Schools
Parks
Zoning Classification
C1 - Community Commercial
C4 - Planned Shopping Center
M1 - Light Industrial
O - Open Space
P - Professional
R1 - Single-Family Residence
R2 - Two-Family Residence
R3 - Multiple-Family Residence
R4 - Suburban Apartment Map Production Date: 4/5/2021
I
0 250 500
Feet
Processing Facilities
Zoning Map 2 of 6
El SalvadorPark
Vista Charter Elem & Intermediate
A & M Metals Co2301 W Fifth St SA Recycling2002 W Fifth StN FAIRVIEW STS RAITT STN RAITT STCIVIC CENTER DR W
W 1ST ST
S GLENARBOR STS DIAMOND STN HAWLEY STN SUNSET STN DAISY AVN TOWNSEND STN CLARA STW CAM
I
L
E
P
LN ENGLISH STN DAISY AVW CHESTNUT AV
W ALCO AV
N DAISY AVW 5TH ST
W WALNUT ST
W PINE ST
W CAMILE STS SULLIVAN STW 10TH ST
W MYRTLE ST
W 9TH STW 9TH ST
W 7TH ST
W 6TH ST
W ALCO AV
S FRANKLIN STS CENTER STS DAISY AVW 3RD ST
W 2ND ST
S CLARA STN MARENGO PLN NANTUCKET PLW CAPE COD WY
W 9TH ST
W 7TH ST
W 2ND ST
4TH ST
S NOTTINGHAM AVS TOWNSEND STS WOOD STS SHELLEY STN SULLIVAN STN DAISY AVW 3RD ST
W 6TH ST
S CENTER STW 7TH ST
N FAIRLAWN AVN TOWNSEND STR1-PRD
R4-B
R2-PRD
C1
C2C2C2
C2
C2
C2 C2
C2C2
C2
M1
M1
M1
M1
M1
M1
M1
M1
M1
M1M1 M1
M1
M1
M1
M1
O
O
O
O
O
O
O
O
O
R1
R1
R1R1 R1
R1
R1R1R1R1R1
R1
R1
R1R1
R1
R1
R1
R1
R1 R1 R1
R1
R1
R1
R1R1
R1R1R1R1R1R1R1
R1 R1
R1
R1
R1
R1R1R1R1R1
R1
R1
R1
R1R1
R1
R1R1
R1R1
R1
R2
R2
R2
R2
R2R2R2
R2R2
R2
R2R2
R2R2
R2
R2R2 R2
R2R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2R2
R2
R3
R3R3
R4
SD17
SD61
SD82
SD92
SantaAnaGIS_Map_Tracker
Schools
Parks
Zoning Classification
C1 - Community Commercial
C2 - General Commercial
M1 - Light Industrial
O - Open Space
R1 - Single-Family Residence
R2 - Two-Family Residence
R3 - Multiple-Family Residence
R4 - Suburban Apartment
SD - Specific Development
Processing Facilities
Zoning Map 3 of 6
Map Production Date: 4/5/2021
I
0 250 500
Feet
Allan Co2540 S Main St
OC Recycling3307 S Main St
E DYER RDW DYER RD
S MAIN STW ALTON AVS BRADFORD PLW CARRIAGE DR
S
S
Y
C
AMO
R
E
S
T
W HARVEY AV
MACARTHUR PLS BRADFORD
PL
W COLUMBINE AVS TIMBER STE ALTON AVS CYPRESS AVS
B
I
R
C
H
S
T
W COLUMBINE AV S ORANGE AVE CENTRAL AV S MAPLE STW CAROL AV
S ROSS STW HARVEY AV S BIRCH STW SIERRA DRS GARNSEY STE GOETZ AV
S ROUSSELLE STMACARTHUR PL
E ADAMS ST
W SIERRA DR
E COLUMBINE AV
MAJESTIC DRS CYPRESS AVW CENTRAL AV
W ROWLAND AV
S ORANGE AVS TIMBER STE GARRY AV
W CENTRAL AV
S SYCAMORE STS BROADWAYS MAPLE STW BELL AV
W CURIE AV
FIRST AMERICAN WY OAK STR2-B
C2
C2
C2
C2
C2
C2
C2
C4
C5
C5
CR
M1
M1
M1
M1
M1
M1
M1
M1M1
M1
M1
M1
M1
M1
M1
M1
M1
O
O
O
O
O
O
O
R1
R1 R1R1
R1
R1
R1
R1
R1
R1
R1R1
R1 R1
R2 R2
R2
R2R2
R2R2
R2
R2
SD43
SD43
SD43
SD43SantaAnaGIS_Map_Tracker
Schools
Parks
Zoning Classification
C2 - General Commercial
C4 - Planned Shopping Center
C5 - Arterial Commerical
CR - Commerical Residential
M1 - Light Industrial
O - Open Space
R1 - Single-Family Residence
R2 - Two-Family Residence
SD - Specific Development Map Production Date: 4/5/2021
I
0 250 500
Feet
Processing Facilities
Zoning Map 4 of 6
Chepa'sPark
Roosevelt-WalkerCommunityCenter Park
GarfieldFitness Park
MariposaPark
Saint JosephElementary
GarfieldElementary
Men Cal941 E Fourth St
Bruce Metal andSalvage Inc920 E Sixth St
Global MetalRecycling Inc1011 E Pine St
SA Recycling1016 N Santiago St
MadisonMaterials, Inc1035 E Fourth St
S
G
R
A
N
D
A
V
CIVIC CE
NTE
R
D
R EN GRAND AVE SANTA AN
A
BLV
D
E 1ST ST
S HALLADAY STN CUSTER STS CEDAR STE 4TH ST
E CHESTNUT AV
E 6TH ST N LINCOLN AVSTAFFORD ST
E W
A
S
H
I
N
G
T
O
N
A
V
PORTER STN LACY STE 5TH ST
S HICKORY STS OAK STN SANTA FE STS STANDARD AVMINNIE STE 6TH STVANCE ST
N
L
A
C
Y
S
T
N
L
A
C
Y
S
T
E WELLINGTON AV
E PINE ST
E WALNUT ST N HATHAWAY STE PINE STN M
INTER
ST
E STAFFORD ST
N GARFIELD STN STANDARD AVN LACY STE WALNUT STN MINTER STN
G
A
R
F
I
E
L
D
S
T
E FRUIT ST
S HATHAWAY STE 6TH ST
E FRUIT ST
E 2ND ST
E 3RD STN LOGAN STN SANTAFE STE PINE ST N
FU
L
L
ER
S
T
E WALNUT ST
E 3RD ST
E 2ND ST
N
PO
I
N
S
E
T
T
I
A
S
T
N
S
A
N
T
I
AGO
S
T
N TERMINAL STN EASTWOOD AVN TERMINAL STSD84/M2
SD84/M1
SD84/M2
SD84/M2
SD84/M2
SD84/M2
SD84/M1
SD84/M1
SD84/M2
SD84/M2
SD84/M1
SD84/M2
SD84/M2
SD84/M1
SD84/M1
SD84/M2
SD84/M2
R2/OZ1
SD84/M2
SD84/M2
SD84/M2
SD84/M2
SD84/M2
SD84/M2
SD84/M2
SD84/M1
SD84/M2
SD84/M2
SD84/M1
SD84/M2SD84/M2
SD84/M2
SD84/M2
SD84/M1
SD84/M2
SD84/M2
SD84/M2
SD84/M1
SD84/M2
SD84/M2
SD84/M2
SD84/M1
SD84/M2
SD84/M2
SD84/M1
SD84/M2
SD84/M1
SD84/M1
C2/OZ1
SD84/M2
SD84/M2
C2-HDIIC2-HDII C2-HDIIC2-HDII
C1
C2
C2
C2
C2
C5
M1
M1M1
M1
M1
M1
M1
M1
M1
M1
M1M1
M2 M2 M2
M2
M2
M2
M2
O
O
O
O
O
P
R1 R1R1R1 R1
R1
R2
R2
R2R2R2R2
R2
R2
R3R3R3R3
R3R3R3 R3 R3
R3R3R3 R3 R3
R3R3 R3R3
R3 R3R3R3
R3
R3
R3
SD16
SD19
SD19
SD19
SD19
SD19SD19
SD19
SD19
SD21
SD84SD84 SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84SD84
SD84SD84
SD84SD84
SD84SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84SD84
SD84
SD84SD84
SD84SD84
SD84
SD84SD84
SD84
SD84
SD84SD84
SD84SD84
SD84SD84SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84
SD84SD84
SD84 SD84
SD84
SD84
SD84
SD84
SantaAnaGIS_Map_Tracker
Parks
Schools
Zoning Classification
C1 - Community Commercial
C2 - General Commercial
C5 - Arterial Commerical
M1 - Light Industrial
M2 - Heavy Industrial
O - Open Space
P - Professional
R1 - Single-Family Residence
R2 - Two-Family Residence
R3 - Multiple-Family Residence
SD - Specific Development
Processing Facilities
Zoning Map 5 of 6
Map Production Date: 4/5/2021
I
0 250 500
Feet
Kennedy Elementary
Century High
E MCFADDEN AV
E EDINGER AV
S GRAND AVOC Recycling1601 E Edinger Av S LYON STS RITCHEY STS EASTWOOD AVE WILSHIRE AV
S SANTA FE STS WRIGHT STE POMONA ST
E BORCHARD AV
E WILSHIRE AV
E WILSHIRE AV
E BORCHARD AV
E SAINT ANDRE
W
P
L
A1A1C5
M1
M1
M1
M1M1
M1 M1
M1
M1M1
M1
M1
M1
M1
M1
M1
M1
M1M1
M1
M1
M1
M1
M1
M1
M1
M1
M1
O
O
O
O
O
SD69
SD69 SD69
SantaAnaGIS_Map_Tracker
Parks
Schools
Zoning Classification
A1 - General Agriculture
C5 - Arterial Commerical
M1 - Light Industrial
O - Open Space
SD - Specific Development
Processing Facilities
Zoning Map 6 of 6
Map Production Date: 4/5/2021
I
0 250 500
Feet
SANTA ANA CITY COUNCIL
Vicente Sarmiento
Mayor
vsarmiento@santa-ana.org
David Penaloza
Mayor Pro Tem, Ward 2
dpenaloza@santa-ana.org
Thai Viet Phan
Ward 1
tphan@santa-ana.org
Jessie Lopez
Ward 3
jessielopez@santa-ana.org
Phil Bacerra
Ward 4
pbacerra@santa-ana.org
Johnathan Ryan Hernandez
Ward 5
jryanhernandez@santa-ana.org
Nelida Mendoza
Ward 6
nmendoza@santa-ana.org
MAYOR
Vicente Sarmiento
MAYOR PRO TEM
David Penaloza
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Daisy Gomez
NOTICE OF PUBLIC HEARING
BEFORE 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 projects that might be important to you. We encourage you to contact us prior
to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN: The City of Santa Ana is proposing to modify Chapter 41 of the Santa
Ana Municipal Code (SAMC) to require a conditional use permit (CUP) for light processing (recycling)
facilities in the Light Industrial (M-1) zoning district. The proposal requires adoption of an ordinance
amendment to Chapter 41 to enact the code amendments to Sections 41 -472 and 41-472.5 of the
SAMC.
Project Location: The proposed changes are Citywide.
Project Applicant: City of Santa Ana.
Proposed Project/Action: Approve ZOA No. 2021-01 to adopt an ordinance to amend Sections 41-
472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) to require a conditional use permit (CUP)
for Light Processing Facilities in the Light Industrial (M-1) zoning district.
Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the state
CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to California
Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there
is no possibility that the project may have a significant effect on the environment. As a result, a Notice
of Exemption will be filed upon adoption of this ordinance.
Meeting Time and Date: This matter will be heard on Tuesday, June 15, 2021 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 on the date of the meeting for more information and
instruction for participating in the meeting https://www.santa-ana.org/cc/city-meetings.
How To Make Comments: If you do not wish to participate in the virtual meeting but want to submit a
comment, you may also send your written comments to the Clerk of the Council, by mail to City of Santa
Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701 or via e-mail to ecomments@santa-ana.org
(reference “City Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails
SANTA ANA CITY COUNCIL
Vicente Sarmiento
Mayor
vsarmiento@santa-ana.org
David Penaloza
Mayor Pro Tem, Ward 2
dpenaloza@santa-ana.org
Thai Viet Phan
Ward 1
tphan@santa-ana.org
Jessie Lopez
Ward 3
jessielopez@santa-ana.org
Phil Bacerra
Ward 4
pbacerra@santa-ana.org
Johnathan Ryan Hernandez
Ward 5
jryanhernandez@santa-ana.org
Nelida Mendoza
Ward 6
nmendoza@santa-ana.org
received after said time will be on file for public viewing and posted on the city’s website the day after
the meeting.
Who To Contact For Questions: Should you have any questions on the project, please contact Ali
Pezeshkpour, Principal Planner, by phone at (714) 647-5882 or by email at APezeshkpour@santa-
ana.org.
Where To Get More Information: All staff reports regarding any item on this agenda are available for
public inspection in the Clerk of the Council Office during regular business hours and posted on the
City’s website the Friday before the Council meeting at: https://www.santa-ana.org/cc/city-meetings.
Si tiene preguntas en español, favor de llamar al (714) 647-6520.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
If you challenge the decision on the above matter, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.
Daisy Gomez,
Clerk of the Council
Publish Orange County Reporter - Legal Section;
Date: June 4, 2021