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HomeMy WebLinkAboutNS-2446 - Amending Chapter 41 of the Santa Ana Municipal Code Regarding Adult Day Care Facilities and Ch157 ORDINANCE NO. NS-2446 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING ADULT DAY CARE FACILITIES AND CHILD CARE FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project, together with all comments and response to comments. The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration for Environmental Review No. 00-122 and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. SECTION 2: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Chapter 41 of the Santa Ana Municipal Code does not define adult day care facilities or designate zoning districts where adult day care facilities are permitted. Traditionally, adult day care facilities have been reviewed in conjunction with child care facilities. However, due to potential impacts to residential zones and the city in general, including additional parking demands, adult day care facilities should be defined as a use in the Santa Ana Municipal Code and evaluated separately from child care facilities. The State of California requires that adult day care facilities providing care to six or less adults be permitted by right in residential zones. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41.12.1, which said section reads as follows: Ordinance No. NS-2446 Page 1 of 14 158 Sec. 41-12.1. Adult Day Care Facility. An adult day care facility is a facility that provides nonmedical care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time. SECTION 4: That section 41-42.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec, 41-42,5, Child Care facilities. A child care facility is a place where persons under 18 years of age are supervised, educated, or left for care on less than a 24-hour basis. SECTION 5: That section 41-128 of the Santa Ana Municipal Code is hereby repealed. SECTION 6: That section 41-129 of the Santa Ana Municipal Code is hereby repealed. SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-199.2, which said section reads as follows: Sec. 41-199.2 Adult Day Care Facilities. Adult day care facilities providing care to more than six (6) adults may be permitted in the R1, R2 and R3 zoning districts as an ancillary use to churches and schools, subject to the issuance of a conditional use permit. Adult day care facilities may be permitted in the P,. C1, C2, C4, and C5 zoning districts, subject to the issuance of a conditional use permit. Adult day care facilities may be permitted in any Specific Plan or Specific Development zoning district as an ancillary use to churches and schools, subject to the issuance of a conditional use permit. As used herein, an adult day care facility is a facility that provides nonmedical care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time. Ordinance No. NS-2446 · Page2of14 159 SECTION 8: That section 41-232 (e) of the Santa Ana Municipal Code is hereby amended and that the Santa Ana Municipal Code is hereby amended by adding a subsection, to be numbered 41.232(0, which said section reads as follows: Sec. 41-232. Uses permitted in the R1 district. The following uses are permitted in the R1 district: (a) One (1) one-family dwelling for each lot. (b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (c) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) year. (d) Accessory buildings and structures, except as otherwise provided in section 41-232.5. (e) Child care facilities providing care to not more than fourteen (14) children, provided that if the number of children exceeds eight (8), a land use certificate must be first obtained pursuant to Division 4 of Article V of this chapter. (f~ Adult day care facilities providing care to not more than six (6) adults. SECTION 9: That section 41-232.5(f) of the Santa Ana Municipal Code is hereby amended and that the Santa Aha Municipal Code is hereby amended by adding a subsection, to be numbered 41.232.5(j), which said section reads as follows Sec. 41-232.5. Uses subject to a conditional use permit in the R1 district. The following uses may be permitted in the R1 district subject to the issuance of a conditional use permit: (a) Churches and accessory church buildings. (b) Public schools, colleges and universities which may include on the campus: Dormitories, libraries, museums, university union buildings and art galleries, which are owned and operated by the university. (c) Private schools and colleges except said private schools and colleges shall not include trade schools or business colleges. (d) Public buildings and public utility buildings and structures, including electric distribution and transmission substations. (e) Golf courses, excluding miniature golf courses, pitch and putt courses and driving ranges. (f) Child care facilities caring for more than fourteen (14) children. (g) Neighborhood and community service centers. (h) Garages for more than four (4) vehicles. (i) Accessory structures more than fifteen (15) feet in height or more than one (1) story. Ordinance No. NS-2446 . Page 3 of 14 160 0) Adult day care facilities ancillary to a church or school providing care to more than six (6) adults. SECTION 10: That section 41-247(g) of the Santa Ana Municipal Code is hereby amended and that the Santa Ana Municipal Code is hereby amended by adding a subsection, to be numbered 41.247(h), which said section reads as follows Sec. 41-247. Uses permitted to the R-2 district. The following uses are permitted in the R-2 district: (a) One-family dwellings. (b) Two-family dwellings. (c) Townhouses. (d) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (e) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one (1) year. Accessory structures. (g) Child care facilities providing care to not more than fourteen (14) children, provided that if the number of children exceeds eight (8), a land use certificate must be first obtained pursuant to Division 4 of Article V of this chapter. (h) Adult day care facilities providing care to not more than six (6) adults. SECTION 11: That section 41-259(c) of the Santa Ana Municipal Code is hereby repealed, which said section reads as follows: Sec. 41-259. Uses permitted in the R3 district. The following uses are permitted in the R3 district: (a) All uses permitted in the R2 district pursuant to section 41-247. (b) Multiple-family dwellings. SECTION 12: That section 41-313(i) of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 41-313. Usea permitted in 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-2446 Page 4 of 14 161 (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical and dental offices. (e) Art galleries, art and photography studios. (f) Museums and science centers. (g) Print and copy services. (h) Pharmacies, limited to the dispensing of goods and memhandise related to health care only, and excluding drive-through facilities. (i) Child care facilities. (j) Non-freestanding commercial and service uses which do not exceed ten (10) pement of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive- through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drive-through facilities and excluding any eating establishment specified in section 41-313.5. SECTION 13: That Santa Ana Municipal Code is hereby amended by adding a subsection, to be numbered 41.313.5(k), which said section reads as follows: Sec. 41-3t3.5. Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: (a) Convalescent hospitals, nursing homes, rest homes and extended care facilities. (b) Hospitals. (c) Trade and professional schools. (d) Health clubs and gymnasiums. (e) Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. (f) Ambulance and emergency medical response services. (g) Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. (h) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (i) Banquet facilities, subject to development and operational standards set forth in 41-199.1. Ordinance No. NS-2446 Page 5 of 14 162 (J) (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in 41-199.1. Adult day care facilities. SECTION 14: That section 41-365(p) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-365. Uses permitted in the Cl district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Chumhes and accessory chumh buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j) Plant nurseries. (k) Gymnasiums. (I) 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) Child care facilities. (q) Service stations. (r) Automobile servicing. SECTION 15: That Santa Ana Municipal Code is hereby amended by adding a subsection, to be numbered 41.365.5(I), which said section reads as follows: Sec. 41-365.5. Uses subject to a conditional use permit in the Cl district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) (b) (c) (d) Clubs. Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. Thrift shops, purchase and loan, pawn shops. Ordinance No. NS-2446 Page 6 of 14 163 (e) (g) (h) (i) d) (k) (I) Eating establishments with drive-through window service. Eating establishments open at any time between the hours of 12:00 a.m. 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. Laundromats, subject to the development and performance standards set forth in section 41-199. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. Check cashing facilities, as defined by section 41-42.7 of this Code. Banquet facilities, subject to development and operational standards set forth in 41-199.1. Banquet facilities as an ancillary use, subject to development and operational standards set forth in 41-199.1. Adult day care facilities. SECTION 16: That section 41-375. l(j) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-375.1. Uses permitted in the C1-MD district. The following uses are permitted in the C1-MD district: (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) Retail and service uses, other than those specified in section 41-375.2. Professional, administrative and business offices where no merchandise is sold. Medical and dental offices. Theaters and cinemas. Gymnasiums and health clubs. Travel agencies, with no embarking or disembarking of passengers. Art galleries and art and photography studios. Museums and science centers. Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. Child care facilities. SECTION 17: That section 41-395.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-395.5. Uses subject to a conditional use permit in the C3 district. Any use which may be permitted in the Cl district subject to the issuance of a conditional use permit pursuant to section 41-365.5 may likewise be permitted in Ordinance No. NS-2446 Page 7 of 14 164 the C3 district subject to the issuance of a conditional use permit except that adult day care facilities are prohibited SECTION 18: That the Santa Ana Municipal Code is hereby amended by adding a subsection, to be numbered Sec. 41-412.5(i), which said section reads as follows: Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. 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. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. Banquet facilities, subject to development and operational standards set forth in 41-199.1. Banquet facilities as an ancillary use, subject to development operational standards set forth in 41-199.1. Adult day care facilities. (g) (h) (~) SECTION 19: That section 41-424(h) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in section 41-424.5. (g) Schools and studios operated for commercial or public purposes. Ordinance No. NS-2446 Page 8 of 14 165 (h) (i) (i) Child care facilities. The printing, publishing, and cimulation of a newspaper, including plant and office. One-family and two-family dwellings, not exceeding one (1) unit per throe thousand (3,000) squaro feet of lot area, provided such units front on a secondary or local stroet. SECTION 20: That the Santa Ana Municipal Code is hereby amended by adding a subsection, to be numberod 41-424.5(o), which said section roads as follows: Sec. 41-424.5. Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonrosidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they aro wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise storos, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundrod fifty (150) feet of rosidentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (I) Retail markets having less than twenty thousand (20,000) squaro feet of floor aroa which aro open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in 41-199.1. (o) Adult day caro facilities. SECTION 21: That section 41-472.1(3) of the Santa Ana Municipal Code is hereby amended to read as follows: Ordinance No. NS-2446 Page 9 of 14 166 Sec. 41-472.1. Ancillary uses permitted in the M1 district. The following uses are permitted when ancillary to any use permitted by section 41-472 or to any use permitted subject to a conditional use permit: (1) Administrative office use occupying up to thirty (30) percent of the gross floor area; (2) Product sales or service uses occupying up to five (5) percent of the gross floor area; (3) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. SECTION 22: That section 41-472.5(c) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-472.5. Uses subject to a conditional use permit in the MI district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. Eating establishments with drive-through window service. Petroleum and gas storage. Freight and truck terminal. Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. Heavy processing recycling uses. Car wash facility. (g) (h) (i) 0) (k) (i) (m) SECTION 23: That section 41-1304(h) of the Santa Ana Municipal Code is hereby amended to read as follows: Ordinance No. NS-2446 Page 10 of 14 167 Sec. 41-1304. Maintenance and operation. (a) (b) (c) (d) (e) (f) (g) (h) (i) Bumper guards, curbs or other suitable barriers shall be provided to protect public streets and sidewalks, to prevent parking in areas where no parking is permitted, to prevent parked vehicles from extending beyond the parking area boundary line or intruding into any pedestrian walkway, and to prevent vehicles from contacting any wall, fence or landscaped area. When the parking area abuts residentially zoned property, property used for residential purposes, or sensitive land uses, a minimum six-foot high masonry wall shall be erected along such property lines, except that such wall shall not exceed four (4) feet in height along any required front yard of the adjacent property. Lights used to illuminate the parking area shall be reflected away from any residence or sensitive land use. All required stalls shall be clearly outlined with double-striping on the surface of the lot. The parking area and driveways shall be paved with asphaltic or concrete surfacing. All parking areas shall be accessible to vehicles via driveways and aisles of the size specified herein. Cart corrals shall be provided throughout parking lots for uses that rely on shopping carts for normal business operations. Sensitive land uses as used in this section are those adjacent land uses such as child care facilities , parks, schools, chumhes, convalescent homes, and hospitals that will be potentially impacted by the proposed parking lot and ancillary parking activities. All parking areas required by this chapter are to be maintained in a safe, clean and repaired state with no potholes, solid paving, and legible striping. SECTION 24: That section 41-1412 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1412. Child care facilities. (a) (b) The minimum off-street parking requirements for child care facilities are as follows: one (1) space for each eight (8) individuals, plus one (1) space for each supervisor or teacher. Child care facilities providing care or instruction to ten (10) or more individuals at any one time shall also provide a passenger loading/unloading zone. Ordinance No, NS-2446 Page 11 of 14 168 SECTION 25: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-1412.5, which said section reads as follows: Sec. 41-1412.5 Adult day care facilities. (a) (b) (c) Adult day care facilities shall be parked at the rate of one (1) space for each two hundred (200) square feet of activity or assembly area, plus one (1) space for each supervisor or teacher. Whenever the parking requirement for an adult day care facility, as an ancillary use, exceeds the parking requirement for the primary use, the adult day care facility shall be parked at the rate of one (1) space for each two hundred (200) square feet of activity or assembly area, plus one (1) space for each supervisor or teacher. Adult day care facilities providing care or instruction to ten (10) or more adults at any one time shall also provide a passenger loading/unloading zone. SECTION 26: That section 41-1702(6) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1702. Permitted zones and locations for adult entertainment businesses. (a) (b) No adult entertainment business may be located within the city, except in one (1) of the following zoning districts: C2, C3, C4, CR, M1 and M2. No adult entertainment business may be located within the city unless it meets the following distance criteria: (1) The proposed adult entertainment business is more than one thousand (1,000) [feet from] any other existing adult entertainment business. (2) The proposed adult entertainment business is more than one thousand (1,000) feet from any existing public premises as defined in the Business and Professions Code selling liquor or beer for consumption on the premises as its primary business. (3) The proposed adult entertainment business is more than one thousand (1,000) feet from any existing public dance halls as defined in section 11-1. (4) The proposed adult entertainment business is more than one thousand (1,000) feet from any existing massage establishment as defined in section 22-1. (5) The proposed adult entertainment business is more than one thousand (1,000) feet from any existing peep show establishment as defined in section 12-22. (6) The proposed adult entertainment business is more than one thousand (1,000) feet from any existing residential zone, park, day care, child care facility, religious institution or school. Ordinance No. NS-2446 Page 12 of 14 169 (7) (8) (9) The proposed adult entertainment business is more than one hundred twenty-five (125) feet from the right-of-way line of any freeway or street designated as an arterial in the current circulation element of the general plan. This distance shall be measured along a straight line from the right of way line, as shown on the cLty's official map, to the parcel line of the proposed adult entertainment business, without regard to intervening structures. The distances set forth in subsections (1) through (6), above, shall be measured as a radius from the primary entrance of the proposed adult entertainment business to the property lines of the parcel so zoned or used, without regard to intervening structures. Any waiver of the provisions of this subsection shall be pursuant to the provisions of division I of article V of this chapter; provided, however, that any such application shall be reviewed and determined as provided in section 41-1705 of this Code. SECTION 27: This ordinance is considered for adoption at the same time as the zone ordinance amendment for banquet facilities, Ordinance No. NS-2445, and as such has been lettered accordingly. In the event sections or subsections of Ordinance No. NS- 2445 are deleted, modified or amended, the section or subsection numbers or letters of this ordinance shall be adjusted accordingly. SECTION 28: 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 ordLnance. The City Council of the City of Santa Aha 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 29: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 18th dayof se[~te~,bcr ,2000. Ordinance No. NS-2446 Page 13 of 14 170 ATTEST: M i~.~el"A. Pulido .... M~or COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Absent APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2446 to be t. he original ordinance adopted by the City Council of the City of Santa Ana on ~'-/~ -~(} ; and that said ordinance was published in accordance with t!/~ Charter of the City of S~ ~Date: ~/~ 6 ' "~1/~9 Clerk of the Council '/ City of Santa Ana Ordinance No. NS-2446 Page 14 of 14