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HomeMy WebLinkAboutNS-2418 - Extending the Moratorium Prohibiting the Construction of Drive-Through Facilities...7 ORDINANCE NO. NS-2418 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE MORATORIUM PROHIBITING THE CONSTRUCTION OF DRIVE-THROUGH FACILITIES IN THE CENTRAL BUSINESS-ARTIST VILLAGE (C3-A) ZONE The City Council of the City of Santa Ana finds, determines and declares as follows: 1. Provisions of Article III, Division 14.5, of Chapter 41 of Santa Am Code ("Code") that regulate uses and conditionally permitted uses in the C3 Business - Artist Village) zoning district, specifically sections 41-402 and 41 Code, need review, study and possible revision in order to respond to recer relating to the potential construction of new drive-through facilities in the Ar Because the demand for vehicular serving amenities such as vehicular driv Municipal A (Central 403 of the t concerns ist Village. e-throughs were not anticipated when the C3-A zoning district was created, such provisions fail to fully take into account the potential impacts of the addition of drive-through acilities on the urban character of the Artist Village and fail to address the needs of the ~.ity and its residents today and in the future. For this reason, on December 6, 19,~9, the City Council adopted Ordinance No. NS-2415 as an emergency ordinance ("the ordinance") which by its own terms expires 45 days from the date of its adopl otherwise extended. 2. Given these concerns, the City Council has requested that a undertaken of the current provisions of Article III of Chapter 41 of the Code to drive-through facilities in the C3-A Artist Village zoning district. 3. The Council has expressed concems that an increase in the drive-through facilities as currently permitted under the Code could negativel creation of a successful pedestrian-oriented area. Drive-through facilities ~ nature oriented to vehicular traffic and are more appropriately situated streets. 4. The predominant development pattern of the Downtown and, sp( the Artist Village, is urban in character with full lot coverage, narrow sidewalks and centralized, off-site public parking. The City Council desires' this urban character through increased density and the attraction of busine encourage both daytime and evening activity. The attractiveness of the Arti., pedestrians will be compromised if additional facilities are constructed w more to passing vehicles than to the walking public. .~mergency ion, unless review be s it relates number of / affect the re by their on arterial cifically, of eets, wide o enhance ~ses which t Village to hich relate Ordinance No. NS-2418 Page 1 of 4 8 5. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance extending the moratorium on drive-through service facilities in the Central Business-Artist Village zone. 6. Without adoption of this ordinance, properties located in the C3-A zoning district could quickly establish drive-through window service facilities throughout the C3- A zone, despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revised Code sections to address concerns created by said drive-through window facilities. 7. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue appropriate revisions to the Code. Since the adoption of the emergency ordinance, staff has begun the preparation of the background research necessary to address the Council concerns and anticipates completion of the Code revisions and presentation to the Planning Commission within the next 30-45 days. 8. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any Code amendments, general plan amendments or specific plan amendments which may be adopted by the City as a result of the studies, in that new drive-through facilities in the C3-A zoning district may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans. Moreover, permitting such drive-throughs to be established during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. 9. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs 1-8, inclusive of this ordinance. 10. The City Council further finds that this is a matter of City-wide importance and is not directed towards nor targeted at any particular parcel of property or proposed use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1 :Prohibition. No new drive-through window service shall be established or permitted in conjunction with any of the permitted uses or uses subject to a conditional use permit Ordinance No. NS-2418 Page 2 of 4 for any building or parcel located in the Central Business-Artist Village (C3 district. Section 2: Expiration, This ordinance shall be of no further force and effect 10 months and 15 the date of its adoption, unless extended by further action of the City Council. Section 3: Publication. The City Clerk shall certify to the adoption of this ordinance and cause ti be published in the manner prescribed by law. Section 4: Emergency Measure, This ordinance is introduced, passed and adopted at one and the san and is thereafter immediately effective. The City Council finds that this o~ necessary to protect the public safety, health and welfare. The reaso emergency are set forth at paragraphs 1 through 10, inclusive of this ordinan( ADOPTED this 18th day of Janurary, 2000. ATTEST: ~--~Patricia E. Healy Clerk of the Council COUNCILMEMBERS: Pulido Lutz Bist Christy Franklin McGuigan Moreno Aye Aye Aye Not Voting APPROVED AS TO FORM: A~omey -A) zoning days from ~e same to ~e meeting dinance is qs for the 9 Ordinance ~1o. NS-2418 Page 3 of 4 10 CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2418 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 18, 2000; and that said ordinance was published in a~eordance with the Charter of the City of Santa Ana. Date: /--"/ ~' - Z::) ¢) (,._./ ~ ~ ~ Clerk of the Council City of Santa Ana Ordinance No. NS-2418 Page 4 of 4