Loading...
HomeMy WebLinkAboutItem 27 - Public Hearing Sunshine, Safe and Sane Fireworks, and Zoning Ordinance UpdatesPlanning and Building Agency www.santa-ana.org/planning-division/ Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update AGENDA TITLE Ordinance Amendment No. 2023-04 Amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments; Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks; and Zoning Ordinance Amendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC Addressing Wireless Communication Facilities, Billboards, Hotels, General Restrictions, and Definitions. Published in the Orange County Reporter on January 5, 2024. RECOMMENDED ACTION 1. Approve first reading of an ordinance amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of ordinance to specific development amendments. ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-24 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS 2. Approve first reading of an ordinance amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks. ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 3. Approve first reading of a zoning ordinance amending Chapter 41 (Zoning) of the SAMC addressing wireless communication facilities, billboards, hotels, general restrictions, and definitions. Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 2 ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS, WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS 4. Determine that, pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) 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 and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. As a result, Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of these ordinances. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City periodically reviews and identifies updates to the SAMC in response to public health, safety, and general welfare as well as changes to state and federal laws. Staff recently evaluated certain sections of the SAMC and identified the need for changes to Chapter 2, Chapter 14, and Chapter 41 (Zoning). On December 11, 2023, the Planning Commission voted unanimously (Commissioner Ramos absent) to recommend that the City Council approve the proposed amendments to Chapter 41. Because the proposed amendments to Chapter 2 and Chapter 14 do not implicate the Zoning Code, Planning Commission review and recommendation was not required. On the following page, Table 1 describes the existing and proposed regulations. The proposed changes would apply citywide. Table 1: Current and Proposed Text Regulations Topic Existing Regulations Proposed Regulations Sunshine Ordinance The current ordinance applies to Add text to include specific development development projects requiring a zone amendments to the list of development change, specific plan amendment, or projects to which the ordinance applies, general plan amendment. making the ordinance consistent with existing staff implementation practices. The ordinance does not include amendments to specific development plans, which are equivalent to amendments to zoning districts. The Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 3 Topic Existing Regulations Proposed Regulations proposed amendment will provide clarification, making the Sunshine Ordinance applicable to projects proposing a specific development amendment. Safe and Sane Permits for the sale of safe and sane Incorporate text to clarify that: Fireworks Sales fireworks are limited to nonprofit 1. Schools with affiliated organizations organizations with their principal and nonprofit organizations must be meeting place within the City. located within city limits to obtain a permit to sell fireworks. The ordinance lacks specificity and 2. Permits be limited to those benefitting the edit is needed to clarify that the the Santa Ana community and have sale of safe and sane fireworks is 75% of their members residing within limited to those who serve the Santa city limits. Ana community. Wireless Conditional use permits for major Revise the SAMC to assign the Communication wireless communication facilities expire Executive Director of Planning and Facilities after ten (10) years and must be Building the authority to administratively renewed by approval of a new extend the original conditional use conditional use permit by the Planning permit subject to verification that the Commission. facility continues to comply with Chapter 41 and the original conditions of Such a process unnecessarily delays approval. approvals and adds costs for applicants. Billboards The separation between billboards is Revise the SAMC to specify that the 1,000 feet. The separation between minimum separation requirement billboards is one -thousand (1,000) applies to billboards located on the feet. same side of the freeway The zoning code does not clarify whether the distance applies to billboards on the opposite or same side of the freeway. Hotels/Motels The SAMC, Specific Plans, and 1. Establish standards for Specific Developments currently permit hotels/motels, hotels/motels with approval of a 2. Add a definition for "full service conditional use permit in specified hotel," locations. However, there are no 3. Permit full service hotels in specified codified standards for hotels. zones wherein commercial, mixed - Furthermore, some locations are well use, or professional office uses are suited for full service hotels, which principally permitted, and should be permitted by right. Establish standards for full service hotels. These regulations create uncertainty for developers, a challenging process Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 4 Topic Existing Regulations Proposed Regulations for staff, and constrain opportunities for economic development. General Restrictions The SAMC currently states that any Add text to clarify that all uses defined in building or land use shall not be used the zoning code are prohibited unless for any purpose other than that which is they are expressly permitted. permitted in the district. This regulation leaves ambiguity and the additional sentence is intended to clarify that uses not expressly permitted are prohibited. Definitions Currently, the definitions section Remove duplicative definitions. includes duplicative definitions. The proposed updates are discussed in more detail below. Chanter 2 - Sunshine Ordinance Public input is a valuable part of the discretionary approval process and the City encourages public input through the City's Sunshine Ordinance. Currently, the Sunshine Ordinance applies to certain development projects requiring a zone change, specific plan amendment, or general plan amendment. Specific development regulations apply use and development standards for properties within the specific development plan boundaries, functioning as the zoning district in cases where there is not another applicable zoning district for the property. Amendments to specific development plans are equivalent to amendments to zoning districts. Therefore, the proposed amendment will provide clarification and codify current practices by staff that require Sunshine Ordinance applicability to projects proposing a specific development amendment. Chapter 14 — Permits for Safe and Sane Fireworks The current fireworks ordinance limits permits for the sale of safe and sane fireworks to be issued to nonprofit organizations with their principal meeting place within the City. The proposed amendments would require schools with affiliated organizations and nonprofit organizations to be located within city limits. In addition, the amendments would require that nonprofit organizations be limited to those primarily benefitting the Santa Ana community and have 75% of the members residing within city limits. The purpose of the amendment is to provide firework permits only to those organizations that serve the Santa Ana community and limit the permits to those organizations that have a principal meeting place within the City. Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 5 Chapter 41— Wireless Communication Facilities, Billboards, Hotels, and Clean Up Items In an effort to clarify language, improve procedures, establish high -quality development standards, and create a user-friendly environment for residents and the business community, the Planning Division is proposing revisions to various sections of the Zoning Code. Wireless Communication Facilities Pursuant to sections 41-198.3(b) and 41-198.13 of the SAMC, major wireless communications facilities require approval of a conditional use permit (CUP) and are required to be renewed every 10 years. In reviewing and processing CUP renewals for wireless communications facilities, the City must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include additional stealthing if such screening or stealthing was not required at the time of original construction and/or seismic retrofits. At present, CUP renewals for wireless communication facilities must first submit an application for review by the City's Development Review Committee before an application for CUP renewal can be filed, as is the case with all discretionary actions. Once filed, the CUP renewal application request is considered for approval by the City's Planning Commission. Considering the Middle Class Tax Relief Act limits local governments' ability to impose additional conditions of approval on renewals and that facilities' location, height, design, and stealthing were all reviewed under the initial entitlements, the multi -level review and application process that is appropriate for a new facility is onerous for a renewal and not responsive to the current regulatory framework. Recognizing the onerous nature of the renewal process, the Planning Commission expressed a desire to delegate decision -making authority to the Executive Director of Planning and Building. Amending Section 41-198.13 of the SAMC will establish an administrative review process by which the Executive Director of Planning and Building may extend approvals of CUPs for major wireless facilities, provided the site and facility remain in compliance with conditions of approval of the original entitlement. The proposed administrative renewal, if approved, would be valid for ten (10) years, and could be extended for additional ten (10) year periods thereafter upon verification that the site and facility continue to comply with the conditions of approval and the Zoning Code. Billboards Table 41-1131 currently requires a minimum separation between billboards, but it does not address whether the separation requirement applies to billboards on the opposite or same side of the freeway. The proposed amendment to Table 41-1131 will specify that the minimum separation between billboards is applicable to billboards on the same side of the freeway. Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 6 Hotels/Motels The zoning code currently defines hotels/motels. However, it does not establish applicable development, design, or operational standards. Staff proposes to establish standards that will apply to all hotels/motels. Examples include, but are not limited to, landscaping, drop-off zones, minimum use of building materials other than stucco, pedestrian protections and improvements, noise attenuation, crime prevention, and management. In an effort to promote development of highly amenitized, full service hotels, staff proposes creating a new use and definition for "full service hotels" and permitting these types of hotels by right in zoning districts where other uses with similar impacts are already permitted by right when they: • Complement and enhance community character, • Are designed and operated in a manner that protects public health, safety, and general welfare, • Meet local design standards, and • Contribute to the local economy. Additionally, the definition will require that these types of hotels provide at least one full service restaurant of not less than 2,500 square feet and four additional amenities including a fitness center, an assembly area, a swimming pool, and regular shuttle service to regional destinations. Full service hotels will be subject to the standards applicable to "hotels/motels" in addition to newly established standards specific to "full service hotels" that include architectural and design elements, minimum housekeeping schedules, and lobby requirements. Together, the amenities required by the definition and applicable design, development, and operational standards are intended to promote economic activity by streamlining permitting and development of these highly amenitized, full service hotels in activity nodes of the City while mitigating any potential impacts to surrounding uses. Table 2 below illustrates which zoning districts currently permit hotels by right and subject to a CUP. The table also illustrates in which zoning districts the proposed ordinance would permit full -service hotels by right and hotels/motels subject to a CUP. Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 7 Table 2: ZOA No. 2023-04 — Current and Proposed Hotels/Motels and Full -Service Hotels Uses Permitted Zoning Districts Hotel/Motel Full -Service Hotel Current Proposed Proposed Professional P - CUP P Community Commercial(Cl)CUP No Change P Community Commercial -Museum District(Cl-MD) CUP No Change P Arterial Commercial C5 CUP No Change P Commercial Residential CR CUP No Change P South Main Street Commercial District C-SM CUP No Change P Metro East Mixed Use Overlay Zone (MEMU) Village Center P - P Active Urban P - P Office CUP - P Harbor Corridor Mixed Use Transit Corridor Specific Plan (SP2) Transit Node P No Change - Corridor P No Change - MainPlace Specific Plan SP4 P No Change - Specific Development No. 43 (The MacArthur Place District Center P No Change - Specific Development No. 84 (Transit Zoning Code) Transit Village P No Change - Downtown P No Change - Urban Center P No Change - Corridor P No Change - Specific Development No. 8 Zone II P - P Zone III - - P CUP: Permitted Subject to Approval of a Conditional Use Permit P: Permitted by -right - : Not permitted General Restrictions The City employs a permissive zoning ordinance. A permissive zoning ordinance lists all the uses that are permitted within a given district and everything that is not specifically listed is prohibited. SAMC Section 41-190 (General Restrictions) establishes that "no building shall be erected, reconstructed, or structurally altered except in conformance to the provisions contained herein; nor shall any building or be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located." Staff proposes adding a sentence to clarify that all uses defined in Division 2 of Article 1 of the SAMC not expressly permitted are prohibited. Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 8 Definitions In reviewing Chapter 41 of the SAMC, two sets of duplicative definitions were identified. One pertained to long-term stay business hotels and the other pertained to transient/residential hotels. Staff proposes to remove the duplicative definitions. GENERAL PLAN CONSISTENCY The proposed modification to Chapter 2 of the SAMC is consistent with the City's General Plan. Provisions for public input on specific development amendments will enable community members to participate in the decision -making process, consistent with Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to facilitate community engagement. The proposed modification to Chapter 14 of the SAMC is consistent with the City's General Plan. By limiting issuance of permits for safe and sane fireworks, the City may minimize risk, consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to preserve a safe and secure environment. The modification is also consistent with General Plan Community (CM) Element Goal CM-3, Policy CM-3.5 (Community Spaces), which is intended to encourage positive community interactions and neighborhood pride and promote safe public spaces. The proposed modifications to Chapter 41 (Zoning) are consistent with the City's General Plan. The streamlining of the approval process for extending wireless communication facilities will reduce costs and expedite development, consistent with promotion of business friendly practices included in General Plan Economic Prosperity (EP) Element Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process). The clarification of incompatible uses in the General Restrictions section promotes land use compatibility, consistent with General Plan Land Use (LU) Element Goal LU-1 (Grow Responsibly), Policy LU-1.1 (Compatible Uses). The revised billboard standards will minimize detrimental visual impacts in accordance with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment). The introduction of hotel standards and the facilitation of full -service hotel development align with objectives in Land Use Element Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending) and Policy LU- 2.4 (Cost and Benefit of Development). The policies encourage a range of commercial uses to capture local spending, balance development benefits, promote the city's image, and encourage streamlined development processes, respectively. 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 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 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 9 "project," as defined in Section 15378 of the CEQA Guidelines. As a result Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of this ordinance. FISCAL IMPACT There is a direct fiscal impact associated with this action. Establishing a new permit type for extension of wireless communication facility CUPs will result in additional costs to the City from administration of the ordinance. Consequently, and consistent with past practices for similar amendments, staff will bring forward a resolution establishing a new Miscellaneous Fee to recover costs at a future meeting following adoption of the subject ordinance amendments. EXHIBITS 1. Ordinance for OA No. 2023-04 (Sunshine Ordinance) 2. Ordinance for OA No. 2023-05 (Fire Protection and Prevention and Emergency Services) 3. Ordinance for ZOA No. 2023-04 (Zoning) 4. Copy of Public Notice Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager ORDINANCE NO. NS-XXX ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS 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 October 15, 2012, the City Council enacted the Sunshine Ordinance as found in Chapter 2 (Administration) of the Santa Ana Municipal Code (SAMC) to ensure that the people of Santa Ana remain in control of the government they have created. B. Periodically, the City Council has adopted amendments to the Sunshine Ordinance to expand the number of required meetings, increase the notification radius, establish meeting format and presentation requirements, and make clarifying edits to application processing timelines. C. In 2023, City of Santa Ana ("City") staff reviewed the Sunshine Ordinance and identified the need to clarify applicability to add specific development amendments. C. Ordinance Amendment No. 2023-04 amends Chapter 2 (Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by adding specific development amendments to the list of development projects types to which the Sunshine Ordinance applies. D. The proposed amendment is consistent with the General Plan of the City. Modification to the section regarding public input through community meetings prior to discretionary approval is consistent with General Plan Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to "facilitate community engagement and dialogue in policy decisions and outcomes affecting land use and development." By clarifying applicability to include specific development amendments, the City enables public input opportunities during the discretionary approval process. E. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-04. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Ordinance No. NS-XXX Page 1 of 4 Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review 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. As a result, a Notice of Exemption, Environmental Review No. 2023-125, will be filed upon adoption of this ordinance. Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows: Sec. 2-153. — Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one (1) or more of the following criteria: (1) City -sponsored development projects; (2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one (1) or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal;_ (3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act; (4) Development projects requiring a zone change, specific plan amendment, specific development amendment, or general plan amendment. Section 4. 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 5. This ordinance shall become effective thirty (30) days after its adoption. Ordinance No. NS-XXX Page 2 of 4 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 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 4�— JoseWontoya Assistant City Attorney AYES: Valeria Amezcua Mayor Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2024. Ordinance No. NS-XXX Page 3 of 4 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 , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 ORDINANCE NO. NS-XXX ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 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 an ongoing basis, City of Santa Ana (City) staff review and analyze various chapters of the Santa Ana Municipal Code (SAMC). In an effort to protect public health, safety, and welfare, the Building Safety Division is proposing revisions to the Municipal Code. B. Ordinance Amendment No. 2023-05 amends Chapter 14 (Fire Protection and Prevention and Emergency Services), and Section 14-56 (Permits, issuance) addressing issuance of permits for safe and sane fireworks. C. The amendments will enable the City to implement a regulatory framework and clarify eligibility criteria to be issued a permit for the sale of safe and sane fireworks. D. The amendments are consistent with the General Plan of the City. Modification to the permits section pertaining to fireworks is consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to "preserve a safe and secure environment for all people and property." By limiting issuance of permits for the sale of safe and sane fireworks, the City may minimize risk. E. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-05. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review 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. As a result, a Notice of Exemption, Environmental Review No. 2023-126, will be filed upon adoption of this ordinance. Ordinance No. NS-XXX Page 1 of 4 Section 3. Section 14-56. Permits, issuance of Chapter 14 of the SAMC is hereby amended to read as follows: Sec. 14-56. Permits, issuance. (a) Permits for the sale of safe and sane fireworks shall be issued only tom organizations officially affiliated with and officially recognized by an elementary school, middle school, high school, community college, and/or school district which is located within the boundaries of the City; or (ii) bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes located within the City limits and primarily benefiting the Santa Ana community,. with their principal and permanent meeting place within the City of Santa Ana, and at least -fifty {Wseventy-five (75) per cent of the members or youth members for sports related organizations residing within the city limits. Each such organization shall have been organized and established within the City's corporate limits for minimum of one (1) year continuously preceding the filing of the permit application. (b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. If more than one permit application is submitted, the City may disregard one, or all, of the permit applications at its sole discretion. (c) Such permits shall expire on July 4th at 8:00 p.m. of the year of issuance. Section 4. 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 5. This ordinance shall become effective thirty (30) days after its adoption. 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. [Signatures on the following page] Ordinance No. NS-XXX Page 2 of 4 ADOPTED this APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT day of , 2024. Valeria Amezcua Mayor Councilmembers: Councilmembers: Councilmembers: Councilmembers: Ordinance No. NS-XXX Page 3 of 4 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 , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 ORDINANCE NO. NS-XXX ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS, WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS 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 an ongoing basis, City of Santa Ana (City) staff review and analyze Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). In an effort to establish high - quality development standards, create a user-friendly zoning code for residents and the business community, and to implement various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the City, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the City and limits undue strain on home owners, business operators and developers. C. Zoning Ordinance Amendment No. 2023-04 amends and adds various sections of Chapter 41; including Section 41-190 (General restrictions), Section 41-198.13 (Same — Conditional use permit expiration), Section 41-1130 (Permitted locations), Table 41-1131 (Digital Billboard Development Standards) of Section 41-1131 (Development standards), Section 41-61 (Full Service Hotel), Section 41-199.5 (Hotels/Motels), 41-199.6 (Full Service Hotels), Section 41-54 (Long-term stay business hotel), Section 41-139 (Transient/residential hotel), Section 41-313 (Uses permitted in P district), Section 41-313.5 (Uses subject to a conditional use permit in the P district), Section 41-365 (Uses Permitted in the C1 district), Section 41-375.1 (Uses permitted in the C1-MD district), Section 41-424 (Uses permitted in the C5 district), Section 41-442 (Uses permitted in the CR district), Section 41- 521 (Uses permitted in the C-SM district), subsection B. (Permitted Uses) in the Site Requirements Section in Specific Development No. 8, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed -Use Overlay Zone. Ordinance No. NS-XXX Page 1 of 17 D. The proposed amendments are consistent with the General Plan of the City. Specifically, the proposed amendments are consistent with the following goals and policies: a. Modification to the section pertaining to wireless communication facilities is consistent with General Plan Economic Prosperity (EP) Element Goal EP- 3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which promotes streamlined development processes. By creating an administrative process for extending the approval of wireless communication facilities to replace the previous requirement for a new conditional use permit, the City will reduce the time for and cost of extension approvals. b. Modification to the General Restrictions section is consistent with General Plan Land Use (LU) Element Goal LU-1 (Growing Responsibly), Policy LU- 1.1 (Compatible Uses), which seeks to foster compatibility between land uses. The change to General Restrictions clarifies incompatible uses that are not permitted. c. Modifications to sections pertaining to billboards are consistent with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment), which intends to ensure that signs are situated to minimize detrimental impacts. The change to the billboard standards will result in billboard construction that minimizes visual impacts. d. Modifications to sections pertaining to hotels and full service hotels are consistent with General Plan Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending), which encourages a range of commercial uses to capture local spending; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.4 (Cost and Benefit of Development), which seeks to balance the benefits of development; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.8 (City Image), which encourages land uses and development that promote the city's image as a business -friendly regional center; General Plan Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which provides for streamlined development processes. The addition of standards for hotels and facilitating full service hotel development will increase tourism -related local spending, maximize the benefits of hotels while minimizing impacts, promote the city's image, and enable construction of full service hotels by right. E. On December 11, 2023, the Planning Commission held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. F. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. Ordinance No. NS-XXX Page 2 of 17 Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review 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. As a result, a Notice of Exemption, Environmental Review No. 2023-115, will be filed upon adoption of this ordinance. Section 3. Section 41-190 (General restrictions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-190. - General restrictions. Except as hereinafter provided: (a) No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited. (b) No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located. (c) No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter. (d) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. (e) Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one lot except as provided herein. (f) Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts. Ordinance No. NS-XXX Page 3 of 17 Section 4. Section 41-198.13. (Wireless communication facility— Conditional use permit expiration) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-198.13. - Same — Gendotmenal use permit expiration Approval Term. Each major wireless communication facility approved pursuant to this article shall be appFeved valid for a peried net to eXG8ed an initial maximum period of ten (10) years. The approval may be administratively extended by the Executive Director of Planning and Building, or his/her designee, from the initial approval date for a subsequent ten (10) years and may be extended by the director, or his/her designee, every ten (10) years thereafter upon verification that the facility continues to comply with this chapter and conditions of approval under which the facility was originally approved. Costs associated with the review process shall be borne by the service provider, permit holder, and/or property owner. The service provider, permit holder, and/or property owner shall submit an application together with a non-refundable processing fee in an amount established by resolution of the City Council. Section 5. Section 41-1130 (Permitted locations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1130. - Permitted locations. New and reconstructed billboards, and the conversion of existing freeway oriented on -premise advertisement signs to a digital billboard: (a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one -hundred fifty (150) feet for mixed -use districts by the Planning Commission through the approval of a Conditional Use Permit. (d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans). (e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan. (f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (1-5) Freeway between Main Street and Grand Avenue. Ordinance No. NS-XXX Page 4 of 17 Section 6. Section 41-1131 (Development standards) of the SAMC is hereby amended as follows: Sec. 41-1131. - Development standards. (a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued. These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions. (b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited. (c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards. Table 41-1131 Digital Billboard Development Standards Standard Maximum Sign Area/Face As allowed by Caltrans Maximum Number of Faces Two 2 Maximum Height Sixt 60) feet(') Spacing Between Billboards One -thousand 1,000 feet(2) Number of Vertical Supports One Vertical Support(3) Notes: 1. Measured from nearest adjacent curb level on the site on which the sign is constructed. May be modified through Planning Commission approval of a Conditional Use Permit. 2. The minimum separation between billboards located on the same freeway side shall be one -thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard's vertical support. 3. All conduits, cables and appurtenances shall be concealed within the vertical support. Section 7. Division 2 (Definitions) of Chapter 41 of the SAMC is hereby amended to add Section 41-61. to read as follows: Secs. 41-61. - Full Service Hotel. 41 63 Reserved A full service hotel is a building, or portion of a building, other than a care home, which is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such full -service hotel differs from a hotel/motel in that it Drovides the minimum followina onsite amenities: Ordinance No. NS-XXX Page 5 of 17 (a) At least one full -service, 2,500-square-foot restaurant, inclusive of kitchen and dining areas; (b) A minimum 500-square-foot fitness center with a minimum of eight pieces of stationary exercise equipment; (c) A minimum 2,500-square-foot assembly facility for banquets, conferences, meetings, and other similar purposes; (d) A minimum 500-square-foot swimming pool; and (e) Regular shuttle service for hotel patrons to regional destinations. Secs. 41-62-41-63 — Reserved. Section 8. Article II (Use Districts —General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.5 to read as follows: Sec. 41-199.5. - Hotels/Motels. All hotels/motels shall be subject to the following: a. Building Landscaping. A five (5) foot minimum landscaped area shall be provided to separate ground floor units from pedestrian walkways, project amenities and drive aisles/Darkina areas. b. Drop-off Zones. A Porte-cochere and/or covered drop-off zone for vehicles and pedestrians, independent of drive aisles, shall be provided to accommodate quest loading and drop-off and serve as the formal entry to the hotel. This requirement may be waived by the Planning Manager for locations where zero lot line development is permitted. c. Interference with Pedestrian Movement. Driveways, garage ramps, or loading and service areas shall not be located where they interfere with the flow of Dedestrian movement or impact the Drivacv of auest rooms. d. Pedestrian Entrances. All public pedestrian entrances shall incorporate arcades, roofs, alcoves, porticos and/or awnings that protect pedestrians from the sun and weather. This requirement shall not apply to drop-off zones or loading areas. e. Pedestrian Walkways. The primary pedestrian walkway shall be a minimum of eight (8) feet wide. Primary walkways are those that connect a pedestrian from the street to the main entry and from the building to any on -site amenities. All other secondary walkways are to be a minimum of four (4) feet in width exclusive of vehicle overhana. f. Exterior Building Materials. The exterior building materials shall include natural stone (marble. aranite. slate. etc.). cultured stone. brick. svnthetic brick. Ordinance No. NS-XXX Page 6 of 17 architectural panels, wood, imitation-woodgrain boards/panels and/or other materials as approved by the Planning Manager. Such materials shall be incorporated into a minimum of seventy percent (70%) of the visible elevations on each side of the building. g. Equipment Screening. All outside equipment such as air conditioners, pool equipment, satellite dishes, etc., shall be screened from view by a masonry screening wall and landscaping. Individual portable window mounted air conditioning units are prohibited. h. Air Conditioning Units. Air conditioning units shall not project forward from walls and the face grill or covering shall be integral and architecturally compatible with the building. i. Noise — Mechanical Equipment. Mechanical equipment of all types, (e.g., swimming pool equipment) shall be located within a building to ensure that the resulting noise would not be heard at any adjacent residential property line. j. Noise — Attenuation. Hotels are quasi -residential uses and shall be designed and sited to minimize the effect of noise from neighboring commercial activities. Noise attenuation techniques shall be included in the design of structures near manor noise generators (e.g., manor streets). k. Screening of Delivery and Loading Areas. Delivery and loading areas shall be screened from and shall not be aestheticallv or audiblv disruptive to neighboring residential uses. I. Location of Recreational Facilities. Recreational facilities (e.g. swimming pools) shall be located where guests may use them in some privacy. "Day passes" or other similar access for non -quests in exchange for financial compensation are prohibited. Such prohibition does not apply to day spas which are designed to accommodate day use with the provision of changing rooms and lockers. m. Crime Prevention. Hotels shall provide good visibility in all public areas, open space areas, and driveway entrances from public streets, driveway intersections, and parking lots. Lighting shall be used to create safe and secure public areas while illuminating only those areas for which lighting is designed, and shall be desianed to reduce alare and not affect adiacent uses. n. Architecture — Balconies, Stairways, and Walkway Railings. Balconies, stairways. walkwav railinas and other similar details shall be visuallv substantial and stylistically compatible with the basic design of the structure. o. Interior Corridors. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or entryways individually equipped with some form of security -controlled access system. Ordinance No. NS-XXX Page 7 of 17 p. Pre -wired Rooms. Each guest room shall be pre -wired with telephone, cable television, and internet service. q. Management. On -site management shall be available twenty-four (24) hours a day, seven (7) days a week. r. Housekeeping. Not less than weekly housekeeping service shall be provided for each quest room. "Housekeeping service" means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels. s. Room Rental. No hotel room shall be rented more than once in a twentv-four- hour period. t. Record Keeping. All hotel/motels shall maintain daily records reflecting the names and permanent addresses of all hotel/motel quests, as verified by valid driver's license or other valid identification along with the license number, state of license, make, model, and year of any quest's vehicle parked on -site, corporate account information, quest names, the dates of occupancy, length of stay, and room rate. This registration information shall be maintained for at least one year past the last day of stay for each quest and shall be made available for review by any duly sworn peace officer of the city, state, or federal government or any authorized official of the city's code enforcement or finance department during normal business hours. Any person who knowingly or intentionallv misrearesents anv material facts reauired in this subsection shall be deemed guilty of a misdemeanor. Section 9. Article II (Use Districts —General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.6 to read as follows: Sec. 41-199.6. - Full Service Hotels. Full service hotels comDlement communitv character: are desianed and oaerated in a manner that protects public health, safety, and general welfare; and contribute to the local economy by offering a full service restaurant and additional amenities and services. Full service hotels are subject to the standards established in Section 41-199.5. and the following: (a) Primary building entrances are to be defined and treated as a signature element of the building and articulated with architectural elements such as pediments, exaggerated height, columns, porticos, and/or overhangs. (b) All full service hotels shall provide at least one outdoor design element such as, but not limited to a water feature, sculpture, or public art at or near the building entrance. Any such design element shall be designed in proportion to the primary buildina entrance. visuallv substantial. and stvlisticallv compatible with the basic design of the structure. Ordinance No. NS-XXX Page 8 of 17 (c) Housekeeping. Not less than daily housekeeping service shall be provided for each guest room. "Housekeeping service" means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels. (d) Lobby. A minimum of 1,000 square feet of interior floor area shall be devoted to a lobby with a minimum interior ceiling height of twelve (12) feet. Section 10. Section 41-54 (Long-term stay business hotel) of Chapter 41 of the SAMC is hereby removed as follows: Section 11. Section 41-139 (Transient/residential hotel) of Chapter 41 of the SAMC is hereby removed as follows: r WIN • r r r01. Section 12. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-313. - Uses permitted in the P district. The following uses are permitted in the P district: (a) Professional, business, and administrative offices where no merchandise is sold. Ordinance No. NS-XXX Page 9 of 17 (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical 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) Daycare centers. (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. fn Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 13. Section 41-313.5. (Uses subject to a conditional use permit in the P district) of the SAMC is hereby amended as follows: 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. Ordinance No. NS-XXX Page 10 of 17 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. I. 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. q. Hotels/motels. Section 14. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended 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. (b) Professional, business, and administrative offices. Ordinance No. NS-XXX Page 11 of 17 (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. Q) Plant nurseries. (k) Gymnasiums. (1) 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) Daycare centers. (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. (u) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chanter. Section 15. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter41 of the SAMC is hereby amended as follows: Sec. 41-375.1. - Uses permitted in the C1-MD district. The following uses are permitted in the C1-MD district: Ordinance No. NS-XXX Page 12 of 17 (a) Retail and service uses, other than those specified in section 41-375.2. (b) Professional, business, and administrative offices where no merchandise is sold. (c) Medical 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. 0) Daycare centers. (k) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 16. Section 41-424. (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-424. - Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional, business, and administrative 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) Daycare centers. (i) The printing, publishing, and circulation of a newspaper, including plant and office. Ordinance No. NS-XXX Page 13 of 17 Q) 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. (1) Medical offices. (m) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chanter. Section 17. Section 41-442. (Uses permitted in the CR district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-442. - Uses permitted in the CR district. The following uses are permitted in the CR district: (a) Retail and service uses. (b) Professional offices. (c) One -family, two-family, and multiple -family dwellings. (d) Resident managers' offices devoted solely to the rental of dwelling units on the site, provided that said office and surrounding grounds shall retain a residential character if located within residential areas. (e) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. ffh Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 18. Section 41-521. (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended 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 offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. Ordinance No. NS-XXX Page 14 of 17 (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) Daycare centers. Q) Art galleries, museums and exhibit halls. (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. (o) Medical offices. (p) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chanter. Section 19. The permitted uses in Zone III of subsection B. Permitted Uses in the Site Requirements Section in Specific Development No. 8 is hereby amended as per Exhibit A of this Ordinance to include full service hotels subject to development and operational standards set forth in sections 41-1995.5 and 41-199.6 of Chapter 41 of the SAMC. Section 20. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed - Use Overlay Zone is hereby amended per Exhibit B of this Ordinance to replace reference to "Hotel" with "Full service hotel," to permit the use by right in the Office District, and to add reference to applicable development and operational standards in Chapter 41 of the SAMC. Section 21. 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 22. This ordinance shall become effective thirty (30) days after its adoption. Ordinance No. NS-XXX Page 15 of 17 Section 23. 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 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: - -c n ;k;, Jose Montoya Assistant City Attorney AYES: Valeria Amezcua Mayor Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: 2024. Ordinance No. NS-XXX Page 16 of 17 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 , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX Page 17 of 17 EXHIBIT A SPECIFIC DEVELOPMENT NO. 8 (new language underlined, deleted language shown in strikeout for tracking purposes) B. Permitted Uses The following uses shall be permitted in Zone I: 1) Professional Offices: a. Accountants_ b. Attorneys_ c. Dentist, doctors and related professions. d. Engineers, architects and planners. e. Research and development facilities. f. Private trade, vocational or professional schools. 2) Business offices, including but not limited to: a. Advertising agencies. b. Banks or other financial offices. c. Employment agencies. d. Escrow and real estate companies_ e. Insurance companies. f. Corporate headquarters. g. Photographers, artist, etc. h. Travel agencies. i. Computer or computer training centers. 3) Laboratories except those, which emit offensive odors, vibrations, or may be hazardous to the public. 1 4) Political, civic and charitable organization uses, which shall not include bingo or other gaming activities. 5) Restaurants. 6) Union Halls_ 7) Museums, art galleries and libraries. 8) Religious meeting halls. 9) Day care and child care facilities, nurseries, etc. The following uses shall be permitted in Zone II: 1) All uses within Zone I. 2) Minimal impact light industry. 3) Full service hotels, m� and associated shops and services related to the full service hotel ^peruse-, subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code. 4) Retail, with a maximum of two tenants per building. 5) Furniture and bulk merchandise stores with a maximum of two tenants building. The following uses shall be permitted in Zone III: 1) Professional Offices. a. Accountants_ b. Attorneys_ c. Dentist, doctors and related professions. d. Engineers, architects and planners. e. Research and development facilities. 2) Business offices, including but not limited to: a. Advertising agencies. b. Banks or other financial offices. 2 c. Employment agencies. d. Escrow and real estate companies. e. Insurance companies. f. Corporate headquarters. g. Photographers, artist, etc. h. Travel agencies. 3) Commercial uses, including: a. Food and retail uses excluding drive through facilities. 4) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code. The following uses shall be permitted in Zone III with a Conditional Use Permit: a. Dancing or entertainment ancillary to a permitted restaurant use. b. The serving of alcohol in conjunction with a permitted food/restaurant use. 3 EXHIBIT B 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to be allowed within each district, as shown in Table 3, subject to a MEMU Site Plan Review approval by the Planning Commission. Any use that is not specified as permitted or conditionally permitted within the MEMU Overlay Zone is prohibited unless a determination is made by the Executive Director of Planning that the proposed use is compatible with the overall intent and character of the MEMU Overlay Zone as specified in Section 41-601(c) of the Santa Ana Municipal Code (SAMC). Table 3: Permitted Land Uses The allowable -. by letter designations as follows: VillageNeighborhood Transitional District Permitted by right Center District N Prohibited Active UrbanApplicable Office District* CUP Conditional Use Permit require LUC Land Use Certificate required _A k 00 o r c v w Special Provisions (references to other :N v w t applicable code sections or -0 L a o a rn 20 limitations) o� Z~ > Q Residential Uses Live/Work Units P P P N Subject to Sec. 4.1.2 of this division Multiple -Family Residential P P P N Subject to Sec. 4.1.3 of this division Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and P P P P calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) P P P P CUP for liquor sales, after hours operation Bakeries P P P P Retail and Service uses P P P P Medical and Dental offices P P P P Professional, administrative and business offices P P P P Daycare centers P P P P Gymnasiums and health clubs N P P CUP Full service hotels Hotels N P P CUP Subject to sections 41-199.5 and 41-199.6 of the SAMC Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious Institutions CUP CUP CUP CUP Schools N P P N Massage establishments N CUP CUP N Subject to Article XVII.I of Chapter 41 of the SAMC Tattoo establishments N P P N Subject to Sec. 41-199.3 of the SAMC Temporary outdoor activities LUC LUC LUUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P Pt P Use/Operational Standards Drive through establishments N N I N I N CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba 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 Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Proposed Action: The City of Santa Ana is proposing to adopt ordinances amending: 1. Article 11.11 of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC); 2. Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC; and 3. Various sections of Chapter 41 (Zoning) of the SAMC related to wireless communication facilities, billboards, hotels, definitions, and general restrictions. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review pursuant to Section 15060(c)(2) and Section 15060(c)(3) because the action will not result in direct or reasonably foreseeable indirect physical change to 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. Meeting Details: This public hearing will be held on Tuesday, January 16, 2024, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/agendas-and-minutes/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to eCommentQsanta-ana.org (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk's Office during regular business hours and posted on the City's website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/. Who To Contact For Questions: Should you have any questions, please contact Siri Champion with the Planning and Building Agency by phone at (714) 667-2751 or by email at SCham pion (csanta- ana.org. Note: If you challenge the decision on the above matter in court, 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. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. Jennifer L, Hall, CIVIC City Clerk Publish: Orange County Reporter — Legals Section Date: January 5, 2024 MEMORANDUM To: Jennifer Hall, City Clerk Date: January 11, 2024 From Minh Thai, Executive Director, Planning and Buildi Subject: Request to Update Exhibit 3 of Item No. 27: Ordinance Amendment No. 2023-04, Ordinance Amendment No. 2023-05, and Zonina Ordinance Amendment No. 2023-04 The Planning and Building Agency would like to update Exhibit 3 to Item No. 27, Ordinance Amendment No. 2023-04, Ordinance Amendment No. 2023-05, and Zoning Ordinance Amendment No. 2023-04, to correct the following typographical errors. • Section 2. Paragraph C. and Section 11. have been revised from the previous version to change references to Section 41-139 to 41-161.5 to cite the correct code section. • Section 19. has been revised from the previous version to indicate that Zone II, in addition to Zone III, of subsection B. Permitted Uses in the Site Requirements Section in Specific Development No. 8 is proposed to be amended as per Exhibit A. • The reference to section 41-1995.5 in Section 19. has been revised from the previous version to read section 41-199.5. Attached is the updated Exhibit 3. C: Tom Hatch, Interim City Manager ORDINANCE NO. NS-XXX ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS, WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS 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 an ongoing basis, City of Santa Ana (City) staff review and analyze Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). In an effort to establish high - quality development standards, create a user-friendly zoning code for residents and the business community, and to implement various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the City, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the City and limits undue strain on home owners, business operators and developers. C. Zoning Ordinance Amendment No. 2023-04 amends and adds various sections of Chapter 41; including Section 41-190 (General restrictions), Section 41-198.13 (Same —Conditional use permit expiration), Section 41-1130 (Permitted locations), Table 41-1131 (Digital Billboard Development Standards) of Section 41-1131 (Development standards), Section 41-61 (Full Service Hotel), Section 41-199.5 (Hotels/Motels), 41-199.6 (Full Service Hotels), Section 41-54 (Long-term stay business hotel), Section 41-161.5 (Transient/residential hotel), Section 41-313 (Uses permitted in P district), Section 41-313.5 (Uses subject to a conditional use permit in the P district), Section 41-365 (Uses Permitted in the C1 district), Section 41-375.1 (Uses permitted in the Cl-MD district), Section 41-424 (Uses permitted in the C5 district), Section 41-442 (Uses permitted in the CR district), Section 41- 521 (Uses permitted in the C-SM district), subsection B. (Permitted Uses) in the Site Requirements Section in Specific Development No. 8, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed -Use Overlay Zone. Ordinance No. NS-XXX Page 1 of 17 D. The proposed amendments are consistent with the General Plan of the City. Specifically, the proposed amendments are consistent with the following goals and policies: a. Modification to the section pertaining to wireless communication facilities is consistent with General Plan Economic Prosperity (EP) Element Goal EP- 3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which promotes streamlined development processes. By creating an administrative process for extending the approval of wireless communication facilities to replace the previous requirement for a new conditional use permit, the City will reduce the time for and cost of extension approvals. b. Modification to the General Restrictions section is consistent with General Plan Land Use (LU) Element Goal LU-1 (Growing Responsibly), Policy LU- 1.1 (Compatible Uses), which seeks to foster compatibility between land uses. The change to General Restrictions clarifies incompatible uses that are not permitted. c. Modifications to sections pertaining to billboards are consistent with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment), which intends to ensure that signs are situated to minimize detrimental impacts. The change to the billboard standards will result in billboard construction that minimizes visual impacts. d. Modifications to sections pertaining to hotels and full service hotels are consistent with General Plan Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending), which encourages a range of commercial uses to capture local spending; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.4 (Cost and Benefit of Development), which seeks to balance the benefits of development; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.8 (City Image), which encourages land uses and development that promote the city's image as a business -friendly regional center; General Plan Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which provides for streamlined development processes. The addition of standards for hotels and facilitating full service hotel development will increase tourism -related local spending, maximize the benefits of hotels while minimizing impacts, promote the city's image, and enable construction of full service hotels by right. E. On December 11, 2023, the Planning Commission held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. F. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. Ordinance No. NS-XXX Page 2 of 17 Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review 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. As a result, a Notice of Exemption, Environmental Review No. 2023-115, will be filed upon adoption of this ordinance. Section 3. Section 41-190 (General restrictions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-190. - General restrictions. Except as hereinafter provided: (a) No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited. (b) No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located. (c) No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter. (d) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. (e) Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one lot except as provided herein. (f) Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts. Ordinance No. NS-XXX Page 3 of 17 Section 4. Section 41-198.13. (Wireless communication facility— Conditional use permit expiration) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-198.13. - Same — GGRditiGRai 66o norMit eXpiFatiG, Approval Term. Each maior wireless communication facility approved pursuant to this article shall be appreved valid for a PeFiGd n„+ +„ 494GAAd an initial maximum period of ten (10) years. The approval may be administratively extended by the Executive Director of Planning and Building, or his/her designee, from the initial approval date for a subsequent ten (10) years and may be extended by the director, or his/her designee, every ten (10) years thereafter upon verification that the facility continues to comply with this chapter and conditions of approval under which the facility was originally approved. Costs associated with the review process shall be borne by the service provider, permit holder, and/or property owner. The service provider, permit holder, and/or property owner shall submit an application together with a non-refundable processing fee in an amount established by resolution of the City Council. Section 5. Section 41-1130 (Permitted locations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1130. - Permitted locations. New and reconstructed billboards, and the conversion of existing freeway oriented on -premise advertisement signs to a digital billboard: (a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one -hundred fifty (150) feet for mixed -use districts by the Planning Commission through the approval of a Conditional Use Permit. (d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans). (e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan. (f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (1-5) Freeway between Main Street and Grand Avenue. Ordinance No. NS-XXX Page 4 of 17 Section 6. Section 41-1131 (Development standards) of the SAMC is hereby amended as follows: Sec. 41-1131. - Development standards. (a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued. These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions. (b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited. (c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards. Table 41-1131 Digital Billboard Development Standards Standard Maximum Sign Area/Face As allowed by Caltrans Maximum Number of Faces Two 2 Maximum Height Sixty 60 feet(') Spacing Between Billboards One -thousand 1,000 feet(2) Number of Vertical Supports One Vertical Support(3) Notes: 1. Measured from nearest adjacent curb level on the site on which the sign is constructed. May be modified through Planning Commission approval of a Conditional Use Permit. 2. The minimum separation between billboards located on the same freeway side shall be one -thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard's vertical support. 3. All conduits, cables and appurtenances shall be concealed within the vertical support. Section 7. Division 2 (Definitions) of Chapter 41 of the SAMC is hereby amended to add Section 41-61. to read as follows: Secs. 41-61. - Full Service Hotel. - 41 Resep,�eE4 A full service hotel is a building, or portion of a building, other than a care home, which is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such full -service hotel differs from a hotel/motel in that it provides the minimum following onsite amenities: Ordinance No. NS-XXX Page 5 of 17 (a) At least one full -service, 2,500-square-foot restaurant, inclusive of kitchen and dining areas; (b) A minimum 500-square-foot fitness center with a minimum of eight pieces of stationary exercise equipment; (c) A minimum 2,500-square-foot assembly facility for banquets, conferences, meetings, and other similar purposes; (d) A minimum 500-square-foot swimming pool; and (e) Regular shuttle service for hotel patrons to regional destinations. Secs. 41-62-41-63 — Reserved. Section 8. Article II (Use Districts —General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.5 to read as follows: Sec. 41-199.5. - Hotels/Motels. All hotels/motels shall be subject to the following: a. Building Landscaping. A five (5) foot minimum landscaped area shall be provided to separate ground floor units from pedestrian walkways, project amenities and drive aisles/parking areas. b. Drop-off Zones. A Porte-cochere and/or covered drop-off zone for vehicles and pedestrians, independent of drive aisles, shall be provided to accommodate quest loading and drop-off and serve as the formal entry to the hotel. This requirement may be waived by the Planning Manager for locations where zero lot line development is permitted. c. Interference with Pedestrian Movement. Driveways, garage ramps, or loading and service areas shall not be located where they interfere with the flow of Pedestrian movement or impact the privacy of quest rooms. d. Pedestrian Entrances. All public pedestrian entrances shall incorporate arcades, roofs, alcoves, porticos and/or awnings that protect pedestrians from the sun and weather. This requirement shall not apply to drop-off zones or loading areas. e. Pedestrian Walkways. The primary pedestrian walkway shall be a minimum of eight (8) feet wide. Primary walkways are those that connect a pedestrian from the street to the main entry and from the building to any on -site amenities. All other secondary walkways are to be a minimum of four (4) feet in width exclusive of vehicle overhang. f. Exterior Building Materials. The exterior building materials shall include natural stone (marble, granite, slate, etc.), cultured stone, brick, synthetic brick, Ordinance No. NS-XXX Page 6 of 17 architectural panels, wood, imitation-woodgrain boards/panels and/or other materials as approved by the Planning Manager. Such materials shall be incorporated into a minimum of seventy percent (70%) of the visible elevations on each side of the buildina. g. Equipment Screening. All outside equipment such as air conditioners, pool equipment, satellite dishes, etc., shall be screened from view by a masonry screening wall and landscaping. Individual portable window mounted air conditioning units are prohibited. h. Air Conditioning Units. Air conditioning units shall not project forward from walls and the face grill or covering shall be integral and architecturally compatible with the building. i. Noise — Mechanical Equipment. Mechanical equipment of all types, (e.g., swimming pool equipment) shall be located within a building to ensure that the resulting noise would not be heard at any adjacent residential property line. j. Noise — Attenuation. Hotels are quasi -residential uses and shall be designed and sited to minimize the effect of noise from neighboring commercial activities. Noise attenuation techniques shall be included in the design of structures near major noise generators (e.g., major streets). k. Screening of Delivery and Loading Areas. Delivery and loading areas shall be screened from and shall not be aesthetically or audibly disruptive to neighboring residential uses. Location of Recreational Facilities. Recreational facilities (e.g. swimming pools) shall be located where quests may use them in some privacy. "Day passes" or other similar access for non -guests in exchange for financial compensation are prohibited. Such prohibition does not apply to day spas which are designed to accommodate day use with the provision of changing rooms and lockers. m. Crime Prevention. Hotels shall provide good visibility in all public areas, open space areas, and driveway entrances from public streets, driveway intersections, and parking lots. Lighting shall be used to create safe and secure public areas while illuminating only those areas for which lighting is designed, and shall be designed to reduce glare and not affect adjacent uses. n. Architecture — Balconies, Stairways, and Walkway Railings. Balconies, stairways, walkway railings and other similar details shall be visually substantial and stylistically compatible with the basic design of the structure. o. Interior Corridors. Access to quest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or entryways individually equipped with some form of security -controlled access system. Ordinance No. NS-XXX Page 7 of 17 p. Pre -wired Rooms. Each quest room shall be pre -wired with telephone, cable television, and internet service. q. Management. On -site management shall be available twenty-four (24) hours a day, seven (7) days a week. r. Housekeeping. Not less than weekly housekeeping service shall be provided for each quest room. "Housekeeping service" means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels. s. Room Rental. No hotel room shall be rented more than once in a twentv-four- hour period. t. Record Keeping. All hotel/motels shall maintain daily records reflecting the names and permanent addresses of all hotel/motel quests, as verified by valid driver's license or other valid identification along with the license number, state of license, make, model, and year of any quest's vehicle parked on -site, corporate account information, quest names, the dates of occupancy, length of stay, and room rate. This registration information shall be maintained for at least one year past the last day of stay for each quest and shall be made available for review by any duly sworn peace officer of the city, state, or federal government or any authorized official of the city's code enforcement or finance department during normal business hours. Any person who knowingly or intentionally misrepresents any material facts required in this subsection shall be deemed guilty of a misdemeanor. Section 9. Article II (Use Districts —General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.6 to read as follows: Sec. 41-199.6. - Full Service Hotels. Full service hotels complement community character; are designed and operated in a manner that protects public health, safety, and general welfare; and contribute to the local economy by offering a full service restaurant and additional amenities and services. Full service hotels are subiect to the standards established in Section 41-199.5. and the following: (a) Primary building entrances are to be defined and treated as a signature element of the building and articulated with architectural elements such as pediments, exaggerated height, columns, porticos, and/or overhangs. (b) All full service hotels shall provide at least one outdoor design element such as, but not limited to a water feature, sculpture, or public art at or near the building entrance. Any such design element shall be designed in proportion to the primary building entrance, visually substantial, and stylistically compatible with the basic design of the structure. Ordinance No. NS-XXX Page 8 of 17 (c) Housekeeping. Not less than daily housekeeping service shall be provided for each quest room. "Housekeeping service" means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels. (d) Lobby. A minimum of 1,000 square feet of interior floor area shall be devoted to a lobby with a minimum interior ceiling height of twelve (12) feet. Section 10. Section 41-54 (Long-term stay business hotel) of Chapter 41 of the SAMC is hereby removed as follows: Section 11. Section 41-161.5 (Transient/residential hotel) of Chapter 41 of the SAMC is hereby removed as follows: Section 12. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-313. - Uses permitted in the P district. The following uses are permitted in the P district: Ordinance No. NS-XXX Page 9 of 17 (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 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) Daycare centers. (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. Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 13. Section 41-313.5. (Uses subject to a conditional use permit in the P district) of the SAMC is hereby amended as follows: 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. Ordinance No. NS-XXX Page 10 of 17 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. I. 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. g_ Hotels/motels. Section 14. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended 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 11 of 17 (b) Professional, business, and administrative 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. 0) Plant nurseries. (k) Gymnasiums. (1) 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) Daycare centers. (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. (u) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Ordinance No. NS-XXX Page 12 of 17 Section 15. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter 41 of the SAMC is hereby amended 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. (b) Professional, business, and administrative offices where no merchandise is sold. (c) Medical 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. 0) Daycare centers. (k) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 16. Section 41-424. (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-424. - Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional, business, and administrative 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. Ordinance No. NS-XXX Page 13 of 17 (f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Daycare centers. (i) The printing, publishing, and circulation of a newspaper, including plant and office. (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. (1) Medical offices. (m) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 17. Section 41-442. (Uses permitted in the CR district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-442. - Uses permitted in the CR district. The following uses are permitted in the CR district: (a) Retail and service uses. (b) Professional offices. (c) One -family, two-family, and multiple -family dwellings. (d) Resident managers' offices devoted solely to the rental of dwelling units on the site, provided that said office and surrounding grounds shall retain a residential character if located within residential areas. (e) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 18. Section 41-521. (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended 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. Ordinance No. NS-XXX Page 14 of 17 (b) Professional, business, and administrative 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) Daycare centers. 0) Art galleries, museums and exhibit halls. (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. (o) Medical offices. (p) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 19. The permitted uses in Zone II and Zone III of subsection B. Permitted Uses in the Site Requirements Section in Specific Development No. 8 is hereby amended as per Exhibit A of this Ordinance to include full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of the SAMC. Section 20. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed - Use Overlay Zone is hereby amended per Exhibit B of this Ordinance to replace reference to "Hotel" with "Full service hotel," to permit the use by right in the Office District, and to add reference to applicable development and operational standards in Chapter 41 of the SAMC. Section 21. 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 Ordinance No. NS-XXX Page 15 of 17 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 22. This ordinance shall become effective thirty (30) days after its adoption. Section 23. 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 Valeria Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 7� 2i dl, Jose Montoya Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: W9yz1 Ordinance No. NS-XXX Page 16 of 17 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 , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX Page 17 of 17 EXHIBIT A SPECIFIC DEVELOPMENT NO. 8 (new language underlined, deleted language shown in strikeout for tracking purposes) B. Permitted Uses The following uses shall be permitted in Zone I: 1) Professional Offices: a. Accountants_ b. Attorneys_ c. Dentist, doctors and related professions. d. Engineers, architects and planners_ e. Research and development facilities. f. Private trade, vocational or professional schools. 2) Business offices, including but not limited to: a. Advertising agencies_ b. Banks or other financial offices. c. Employment agencies_ d. Escrow and real estate companies_ e. Insurance companies. f. Corporate headquarters_ g. Photographers, artist, etc. h. Travel agencies. i. Computer or computer training centers. 3) Laboratories except those, which emit offensive odors, vibrations, or may be hazardous to the public. 1 4) Political, civic and charitable organization uses, which shall not include bingo or other gaming activities. 5) Restaurants. 6) Union Halls_ 7) Museums, art galleries and libraries. 8) Religious meeting halls_ 9) Day care and child care facilities, nurseries, etc. The following uses shall be permitted in Zone II: 1) All uses within Zone I. 2) Minimal impact light industry. 3) Full service hotels, metels and associated shops and services related to the full service hotel ^�r mAtsruse�, subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code. 4) Retail, with a maximum of two tenants per building. 5) Furniture and bulk merchandise stores with a maximum of two tenants building. The following uses shall be permitted in Zone III: 1) Professional Offices. a. Accountants_ b. Attorneys_ c. Dentist, doctors and related professions. d. Engineers, architects and planners_ e. Research and development facilities. 2) Business offices, including but not limited to: a. Advertising agencies_ b. Banks or other financial offices. Pi c. Employment agencies_ d. Escrow and real estate companies_ e. Insurance companies. f. Corporate headquarters. g. Photographers, artist, etc. h. Travel agencies_ 3) Commercial uses, including: a. Food and retail uses excluding drive through facilities. 4) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code. The following uses shall be permitted in Zone III with a Conditional Use Permit: a. Dancing or entertainment ancillary to a permitted restaurant use. b. The serving of alcohol in conjunction with a permitted food/restaurant use. 3 EXHIBIT B 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to be allowed within each district, as shown in Table 3, subject to a MEMU Site Plan Review approval by the Planning Commission. Any use that is not specified as permitted or conditionally permitted within the MEMU Overlay Zone is prohibited unless a determination is made by the Executive Director of Planning that the proposed use is compatible with the overall intent and character of the MEMU Overlay Zone as specified in Section 41-601(c) of the Santa Ana Municipal Code (SAMC). Table 3: Permitted Land Uses The allowable uses are established by letter designations Neighborhood Transitional District P Permitted by right Village Center District N Prohibited Active Urban District NA Nat Applicable Office WC Land Use Certificate required -a L oa c a s a ? V Special Provisions (references to other :N y M applicable code sections or d a o > O limitations) Z~ Q Residential Uses Live/Work Units P P P N Subject to Sec. 4.1.2 of this division Multiple -Family Residential P P P N Subject to Sec. 4.1.3 of this division Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and P P P P calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) P P P P CUP for liquor sales, after hours operation Bakeries P P P P Retail and Service uses P P P P Medical and Dental offices P P P P Professional, administrative and business offices P P P P Daycare centers P P P P Gymnasiums and health clubs N P P CUP Full service hotels ' I �)teis N P P FOP Subiect to sections 41-199.5 and 41-199.6 of the SAMC Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious Institutions CUP CUP CUP CUP Schools N P P N Massage establishments N CUP CUP N Subject to Article XVII.I of Chapter 41 of the SAMC Tattoo establishments N P P N Subject to Sec. 41-199.3 of the SAMC Temporary outdoor activities LUC LUC LUC LUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P P P Use/Operational Standards Drive through establishments N N N N 1