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HomeMy WebLinkAboutNS-2470 - Relating to the Establishment and Operation of Passenger Transportation Services and Freight, Bus, and Truck Terminals in the M1 Zoning DistrictORDINANCE NO. NS -2470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 41-60, 41-137.5 AND 41- 1397 AND AMENDING SECTIONS 41-472, 41-472.5, 41-473 AND 41-1396 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT AND OPERATION OF PASSENGER TRANSPORTATION SERVICES AND FREIGHT, BUS AND TRUCK TERMINALS IN THE M1 ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Currently, Chapter 41 of the Santa Aha Municipal Code does not define the land use that stores or dispatches vehicles, such as limousines or taxi cabs, but is less intense than a freight or bus terminal. B. It is appropriate to revise the Code to provide for such a use, establish standards and distinguish between this use and the more intensive, freight, truck and bus terminal use. Section 2: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. 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 ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration 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. Pursuant to Title XlV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Ordinance No. NS-2470 Page 1 of 7 Section 3: Section 41-60 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows (new language in bold): Sec. 41-60. Freight, Bus and Truck Terminals. A freight, bus and truck terminal is a facility used for the storage and dispatch of larger scale vehicles including but not limited to semi-trailers, waste haulers, cement trucks, tow trucks and buses with a capacity greater than 15 persons. This may include facilities used to receive, sort, transfer and ship freight, such as packages by an overnight delivery service. This may also include vehicle maintenance, repair, and fueling to service the fleet. Section4: Section 41-137.50 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows (new language in bold): Sec. 41-137.5. Passenger Transportation Services. A passenger transportation service is a use that stores or dispatches vehicles that provide passenger transportation, which include but are not limited to taxicab, limousine, shuttle or transit vehicles with a maximum capacity of 15 persons, and ambulance services. This may include vehicle maintenance, repair, and fueling to service the fleet. Section 5: Section 41.472 of the Santa Ana Municipal Code is amended to allow "passenger transportation services" as a use by right in the M1 zoning district, such that it reads as follows (deleted language shown as strike out and new language in bold): Sec. 41-472. Uses Permitted in the M1 district. The following uses are permitted in the M1 district: (a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. Ordinance No. NS-2470 Page 2 of 7 (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (I) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. Section 7: Section 41.473 of the Santa Ana Municipal Code is amended to minimize impacts from passenger transportation service or freight, bus and truck terminal uses in the M1 zoning district, such that it reads as follows (deleted language shown as strike out and new language in bold): Sec. 41-473. Operational standards in the MI district. (a) Any activity permitted in this district shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, vibration, or lack of proper maintenance of grounds or buildings. (b) Outdoor storage of materials, products, e¢ equipment uccc or vehicles, shall be screened by a solid fence or wall not less than eight (8) feet in height. Materials, products or equipment stored outdoors shall not be piled higher than the height of the fence or wall, nor encroach into required parking and landscape areas ...... '~ .... ~' ~* ..... (c) A solid wall or fence not less than eight (8) feet in height is required along any rear or side lot line abutting property which is either used, zoned, or designated on the General Plan for residential purposes. (d) Public utility electric distribution and transmission substations shall be enclosed within a solid wall or fence not less than eight (8) feet in height. Ordinance No. NS-2470 Page 5 of 7 (e) All major compounding, processing, packaging or assembly of articles of merchandise, and treatment of products and vehicle maintenance and repair, shall be conducted within a completely enclosed building. In addition, service bays for ancillary vehicle maintenance and repair shall be completely screened from view from the public street. (0 All property shall be maintained in a safe, sanitary and attractive condition, including but not limited to structures, landscaping, parking area, walkways, and trash enclosures. (g) Loading areas shall not be visible from arterial streets or from streets adjacent to front yards. Loading areas facing other streets shall be screened with decorative walls of a material compatible with the building design and by bermed landscaping abutting such walls. Loading areas not facing a street shall be setback at least thirty-five (35) feet from the property line. (h) Railroad tracks are not allowed on any street side of a building. If railroad tracks and loading docks are located other than at the rear of a building area, the tracks and the loading dock shall be completely screened from view from any street. Section 8: Section 41.1396 of the Santa Ana Municipal Code is amended to revise the parking standards for the new use of passenger transportation services, such that it reads as follows (deleted language shown as strike out and new language in bold): Sec. 41-1396. Passenger transportation services. The minimum off-street parking requirements for passenger transportation services follows: ~'"'" ¢o~ cpcccc ~ ..... ~' """ '~;"""*"~';"" cr..." .........~...,;""... are as ...... ~..¢ ............ thoucand cf ' ....a ..~.. +~. ...... .~ ¢4 ~nm ....... ¢...., ..¢ ;..a .... , ......... two (2) parking spaces per 1,000 square feet of building area and one (1) parking,.. ...... *^ space.~;* tc ..." ...... .....,....;~"~ for ....v,"""", every two (2) fleet vehicles stored and intended for operation in connection with said use "' Section 9: Section 41-1397 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows (new language in bold): Sec. 41-1397. Freight, Bus and Truck Terminals. The minimum off-street parking requirement for freight, bus and truck terminals is as follows: two (2) parking spaces per 1,000 square feet of building area, and one (1) parking space for every two fleet vehicles stored Ordinance No. NS-2470 Page 6 of 7 (e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. (f) Storage of previously prepared products or materials for eventual distribution or sales. (g) Machine shop or other metal working shops. (h) Enclosed storage and warehousing, including mini-storage. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (I) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non-automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. Ordinance No. NS-2470 Page 3 of 7 (x) (Y) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (4) (2) (3) Small collection facilities. Large collection facilities. Light processing facilities. (z) Adult entertainment businesses, requirements of article XVII of this chapter. subject to compliance Storage and distribution of hazardous materials. Passenger transportation services. (aa) (bb) with the Section 6: Section 41.472.5 of the Santa Ana Municipal Code is amended to allow a "freight, bus and truck terminal" as a conditional use in the M1 zoning district, such that it reads as follows (new language in bold): Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) 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. Ordinance No. NS-2470 Page 4 of 7 and intended for operation in connection with said use. Section 10: 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. ADOPTED this 21st day of May, 2001. ATTEST: Patna E. Healy Clerk of the Council Miguel A. Pulido ~ ~ Mayor COUNCILMEMBERS: Pulido Absent McGuigan Aye Alvarez Aye Bist Aye Christy Aye Franklin Absent Solorio Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: [~/~nj~in I~aL~fman i~f/Assistant City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRiCIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2470 to be the original ordinance adopted by the City Council of the City of Santa Aha on May 21, 2001; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Cler~/~f the Council City of Santa Ana Ordinance No. NS-2470 Page 7 of 7