HomeMy WebLinkAboutNS-2494 - Amending Chapter 41 of Santa Ana Municipal Code Regarding Commercial Storage, Data Centers, Mini-Warehouses, ...ORDINANCE NO. NS-2494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE REGARDING COMMERCIAL
STORAGE, DATA CENTERS, MINI-WAREHOUSES AND
RECREATIONAL VEHICLE, BOAT AND VEHICLE
STORAGE USES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
The City has received an increasing number of inquiries regarding locating
new commercial storage, data centers, mini-warehousing and recreational
vehicle and/or boat storage facilities within the limited areas of the City
zoned for manufacturing uses.
The Municipal Code currently does not include provisions regarding
industrial storage uses such as commercial storage, data centers, mini-
warehousing and recreational vehicle and/or boat storage facilities, or
designate zoning districts throughout the city where these uses may be
permitted. Past proposals for these types of facilities have been reviewed
as warehouse uses and as a result, permitted by right in the General
Commercial (C2), Light Industrial (M1) and Heavy Industrial (M2) zoning
districts.
The City Council desires to revise the City's Code to provide for a case-
by-case analysis of these proposed uses, in order to achieve greater
consistency with the General Plan goal of promoting land uses that
enhance the City's economic and fiscal viability while ensuring that
impacts of development are mitigated.
Section 2. The City Council has reviewed and considered the information contained in
the initial study and Negative Declaration No. 01-145 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 fairly argued that the project will have a significant adverse effect on
the environment. The City Council hereby certifies and approves the negative declaration
Ordinance No. NS-2494
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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 XIV, 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.
Section 3. Section 41-43.5 is hereby added to the Code to read as follows (new
language shown in bold):
Sec. 41-43.5. Commercial Storage
Commercial storage is a structure or building whose primary
function is for collecting, maintaining or storing goods, materials,
records or documents which do not belong to the owner or operator
of the structure or building but are kept in trust.
Section 4. Section 41-47 is hereby added to the Code to read as follows (new language
shown in bold):
Section 41-47. Data Center
A data center is a use whose primary purpose is to house computer
servers or telecommunications switching facilities or internet nodes
for entities, including but not limited to web hosting organizations,
large enterprises or any other internet service organizations and
whose gross floor area exceeds fifteen hundred (1,500) square feet.
A server farm, telecom hotel, carrier hotel, darkened datacenter,
co-location center or any other term applicable to facilities which are
used for these specified purposes shall be deemed to be a data
center.
Section 5. Section 41-167 of the Code is hereby amended to read as follows (new
language shown in bold, deleted language shown in strikeout for tracking purposes only):
Sec. 41-167. Warehouse, mini.
A mini-warehouse is a,R,' ........ ~ ............. ~ ............ =v
Ordinance No. NS-2494
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...... * .......... ;~o a structure or building, the interior of which
has been partitioned or sectioned off into individual storage units or
compartments which do not exceed one thousand (1,000) square feet
in gross floor area per unit (may also include two (2) or more
individually constructed units) and are individually rented or leased.
A mini-storage or self-storage facility shall be deemed a mini-
warehouse.
Section 6. Section 41-142.2 is hereby added to the Code to read as follows (new
language shown in bold):
Sec. 41-142.2. Recreational Vehicle, Vehicle and/or Boat Storage
Yard.
A recreational vehicle, vehicle and/or boat storage yard is an outdoor
facility in which spaces are individually rented or leased for the
storage of recreational vehicles, vehicles or boats (with or without
trailers).
Section 7. Section 41-377 of the Code is hereby amended to read as follows (new
language shown in bold, deleted language shown in strikeout for tracking purposes only):
Sec. 41-377. Uses permitted in the C2 district.
The following uses are permitted in the C2 district.
(a) All uses which are permitted in the C1 district pursuant to
section 41-365.
(b) Automotive garages including body and fender repair, painting,
and engine replacement.
(c) Blueprinting, photo-engraving, including all types of reproduction
processes.
~,~ =,~,,~,~,,~,~ o, ..... ,~ .... + ,~;,,; ...... r~ ...... Reserved.
(e) Equipment rental yards for light machinery.
(f) Metal shops.
(g) Tire recapping.
(h) Wholesale establishments as follows:
Ordinance No. NS-2494
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(1) Automotive equipment, including parts and supplies for
machinery.
(2) Drugs, chemicals and allied products excluding
explosives and industrial chemicals.
(3) Dry goods and apparel.
(4) Food products.
(5) Farm products.
(6) Electrical and plumbing supplies.
(7) Office equipment and supplies.
(i) Truck, trailer, tractor and boat sales.
(j) Research institutions and laboratories.
(k) Adult entertainment businesses subject to compliance with the
requirements of article XVII of this chapter.
Section 8. Section 41-472 of the Code is hereby amended to read as follows (new
language shown in bold, deleted language shown in strikeout for tracking purposes only):
Sec. 41-472. Uses permitted in the M1 district.
The following uses are permitted in the M1 district:
(a) The compounding, processing, or treatment of raw or previously
treated materials into a finished or semi-finished product, excluding
those uses specified in section 41-489.5.
(b) The manufacture of products from raw or previously treated
materials, excluding those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated
materials, excluding those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or
materials, excluding those uses specified in section 41-489.5.
(e) Wholesale establishments where the primary trade is business
to business sale of products, supplies, and equipment.
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(f) Storage of previously prepared goods, products or materials for
eventual distribution or sales where the goods, products or
materials are the property of the owner or operator of the
building or structure,
(g) Machine shop or other metal working shops.
(h) F,",c!csed stcr~gc 2,",d Warehousing, inc!udi,-,.~ mi,",! ctcr~go.
(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 printingand 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.
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(w) Sales of industrial products, supplies and equipment used for
final product manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely
within an enclosed building.
(y) Recycling facilities not in excess of forty-five thousand (45,000)
gross square feet and in compliance with section 41-1253 of this
Code including:
(1) Small collection facilities.
(2) Large collection facilities.
(3) Light processing facilities.
(z) Adult entertainment businesses, subject to compliance with the
requirements of article XVII of this chapter.
(aa) Storage and distribution of hazardous materials.
(bb) Passenger transportation services.
Section 9. Section 41-472.1 of the Code is hereby amended to read as follows (new
language shown in bold, deleted language shown in strikeout for tracking purposes only):
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.
(4) The outside storage of Class I and Class II liquids (as defined in
the fire code of the City of Santa Ana) in above-ground fixed
storage tanks when properly screened pursuant to section 41-622
of the Code, as it may be amended from time to time. As used
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herein, "tank" means a vessel containing more than sixty (60)
gallons.
(5) Enclosed storage where the goods, materials or supplies
stored are the property of the owner or operator of the building
or structure occupying up to thirty percent (30%).
Section 10. Section 41-472.5 of the Code is hereby amended to read as follows (new
language shown in bold, deleted language shown in strikeout for tracking purposes only):
Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district.
The following uses may be permitted in the MI 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.
(g) Eating establishments with drive-through window service.
(h) Petroleum and gas storage.
(i) Freight and truck terminal.
(j) Industrial medical clinics which offer medical services by referral
only and do not offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use
occupying more than thirty (30) percent of the gross floor area.
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(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.
(o) Commercial storage not within five hundred feet (500') of
an arterial street (as defined in the City's circulation element)
or freeway or within one thousand feet (1,000') of a freeway
intersection.
(p) Mini-warehouse uses; provided that no conditional use
permit shall be granted unless a written finding is made that
the parcel on which the use is proposed is not within five
hundred feet (500') of an arterial street (as defined in the City's
circulation element) or freeway, or within one thousand feet
(1,000') of a freeway intersection.
(q) Recreational vehicle, vehicle and/or boat storage yard;
provided that no conditional use permit shall be granted
unless a written finding is made that the parcel on which the
use is proposed is: not within five hundred feet (500') of an
arterial street (as defined in the City's circulation element) or
freeway, or within one thousand feet (1,000') of a freeway
intersection.
(r) Data center uses; provided that no conditional use permit
shall be granted unless a written finding is made that the
parcel on which the use is proposed is: not within five
hundred feet (500') of an arterial street (as defined in the City's
circulation element) or freeway, or within one thousand feet
(1,000') of a freeway intersection.
Section 11. Section 41-1391 of the Code is hereby amended to read as follows (new
language shown in bold, deleted language shown in strikeout for tracking purposes only):
Sec. 41.1391. Warehouses =nd distribution, ~ wholesale, data
centers and commercial storage uses.
(a) The minimum off-street parking requirements for warehouses
3nd distribution, and wholesale, data centers and commercial
storage uses are as follows: One (1) space for each one thousand
(1,000) square feet of gross floor area.
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(b) Office space exceeding thirty (30) percent of the gross floor
area of the warehouse or wholesale use must meet the off-street
parking requirements for office use.
(c) For purposes of this section, "distribution" means a facility which
dispenses, divides, and/or deals goods or materials on a regular
basis, other than sales at retail.
Section 12. 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 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 15th day of April, 2002.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
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Chief AsSistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers Alvarez, Bist, Christy, Franklin, Pulido, Solorio (6)
Councilmembers None (0)
Councilmembers None (0)
Councilmembers McGuigan (1)
Ordinance No. NS-2494
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2494 to be the original ordinance adopted by the City
Council of the City of Santa Aha on April 15, 2002, and that said ordinance was
published in accordance with the Charter of the City of Santa Aha.
Clerk of the Council
City of Santa Aha
Ordinance No. NS-2494
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