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Home My WebLink About75A - ORDINANCE NO. NS-2646REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 17, 2004 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2004-03 TO RESCIND THE MISSION DEFINITION AND MISSION USE FROM THE M2 ZONE CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED [] As Recommended [] As Amended [] Ordinance on 1s~ Reading [] Ordinance on 2nd Reading [] Implementing Resolution [] Set Public Hearing For CONTINUEDTO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-03. DISCUSSION The purpose of the zoning ordinance amendment is to repeal Section 120.1, definition for missions and the M2 (Heavy Industrial) zoning Code. Property Description The amendment to the zoning ordinance will affect all properties and specifically within the M2 Analysis of the Issues 41- Subsection 41-489.5(i), mission use in district of the Santa Ana Municipal citywide (Heavy Industrial) zoning district. Because of its age, current provisions of the Santa Aha Municipal Code that regulate emergency shelters and transitional housing within the City are in need of review, study and possible revision, particularly to the extent that they relate to the propagation of the faith of a religious organization. Provisions of the Santa Aha Municipal Code (~the Code") fail to fully take into account the potential impacts associated with the establishment and maintenance of emergency shelters and transitional housing and fail to address the needs of the City and its residents today and in the future. The City of Santa Ana is home to at least two dozen emergency shelters and transitional housing uses. The City Council annually awards emergency shelter grants to a number of such uses. In the past, the City Council actively supported such projects as Emmanuel House, Wise Place and Mercy House. A notice of violation was previously issued for violation of Section 41-120.1, and has been formally rescinded (Exhibit 1). 75A-1 Zoning Ordinance Amendment No. February 17, 2004 Page 2 2004-03 Given these concerns, staff recommends that a review be undertaken reviewing the current provisions of the General Plan and Chapter 41 of the Code to classify emergency and transitional housing uses and determine where and under what conditions and standards such uses should be permitted in the City. Based on the analysis above, it is recommended that Zoning Ordinance Amendment No. 2004-03 be approved. Environmental Impact In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 2004-49 will be filed for this project. Stephen G. Hard~g Acting Executive Director Planning & Building Agency SK: rb Sk~report s~zoa04-03 .cc 75A-2 Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNCIL M~M~RS Claudia C. Alvarez Lisa §ist Alberta D. Christy Mike Garcla Jose Solorio CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 CIVIC CENTER PLAZA. M-29 · P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 (7141 647-5201 * Fax (714) 647-6515 CITY MANAGER David N. Ream C;TY A'~'ORN EY Joseph W. Fletcher CLERK OF THE C(~UNC~L Patrida E. Healy February 6, 2004 Dwight Smith 316 S. Cypress Santa Ana, CA 92701 Steven J. Dzida 1846 Kinglet Court Costa Mesa, CA 92626 Subject: Rescission of Notice of Violation and Hearing Officer Determination CASE# 03-114 ADDRESS: 316 S. Cypress AP# 404-096-08 Dear Mssr. Smith & Dzida: Notice is hereby given that the Notice of Violation dated August 26, 2003 issued for the above-referenced property is hereby rescinded. In addition, the Hearing Officer Determination and Expense of Public Nuisance Abatement dated December 15, 2003, based upon the foregoing Notice, is therefore of no further force and effect. You have my assurance that these documents will not form the basis for any further enforcement action. Very truly yours, Acting Deputy City Manager For Development Services Wylie Aitken Dc;an Eip~:r Ed Con. nor EXHIBIT 1 75A-3 ORDINANCE NO. NS-2646 AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING SECTION 41-120.1 AND SUBSECTION 41-489.5(i) OF THE SANTA ANA MUNICIPAL CODE RELATING TO MISSIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Because of its age, current provisions of the Santa Ana Municipal Code that regulate emergency shelters and transitional housing within the City are in need of review, study and possible revision, particularly to the extent that they relate to the propagation of the faith of a religious organization. Provisions of the Santa Ana Municipal Code ("the Code") fail to fully take into account the potential impacts associated with the establishment and maintenance of emergency shelters and transitional housing and fail to address the needs of the City and its residents today and in the future. Given these concerns, the City Council has requested that review be undertaken of the current provisions of the General Plan and Chapter 41 of the Code to classify emergency shelters and transitional housing uses and determine where and under what conditions and standards such uses should be permitted in the City. In so doing, the City Council expressly recognizes the contributions that such uses make to the City. The City of Santa Ana is home to at least two dozen emergency shelters and transitional housing uses. The City Council has actively supported such programs. For example, over the last fifteen (15) years the Council has awarded emergency shelter grants totaling over $2,700,000.00, giving grants annually to over a dozen such uses, supporting projects such as Emmanuel House, WISE Place for Women and Mercy House. The City Council has held a duly noticed public hearing at which it considered all of the written and oral testimony offered concerning whether to adopt this ordinance. The Request for Council Action for this ordinance dated February 17, 2004 and duly signed by the City Manager shall, by this reference be incorporated herein. 75A-4 Ordinance No. NS-xxxx Page 1 of 5 The City Council has directed that this review be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue, if necessary, appropriate revisions to the Code which would be considered for adoption only after public notice and hearing. At this time, the Council notes with approval that the only Notice of Violation issued to any use alleging non-compliance with section 41-120.1 of the Code has been rescinded and revoked by the City's Planning and Building Agency. 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 existing or proposed use. The City Council recognizes that this ordinance has been deemed to exempt from the California Environmental Quality Act pursuant to State Guideline sections 15060(c)(2), 15016(b) and 15305. A notice of exemption shall be filed. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 41-120.1 of the Code is hereby repealed in its entirety. For tracking purposes only, this provision is shown below in strikeout: Section 3. Subsection 41-489.5(i) of the Code is hereby repealed in its entirety, and the subsequent subsections are renumbered accordingly. For tracking purposes only, section 41-489.5 is shown below with the deleted subsection in strikeout and the additions underlined: Sec. 41-489.5. Additional uses subject to a conditional use permit in Ordinance No. NS-xxxx Page 2 of 5 75A-5 the M2 district. In addition to uses permitted subject to the issuance of a conditional use permit pursuant to sections 41-489 and 41-472.5, the following uses may be permitted in the M2 district subject to the issuance of a conditional use permit: (a) Acid manufacturing. (b) Junkyards, automobile wrecking impound yards. (c) (d) yards and salvage yards, and Cement, lime, gypsum or plaster of paris manufacture. Fertilizer manufacture. Gas or acetylene manufacture. Glue manufacture. Smelting of tin, copper, zinc or iron ores. Sites for the transfer, disposal or dumping of rubbish, garbage, (e) (f) (g) (h) trash, or refuse. ~(i) Tattoo parlors. (k)(i) Any facility where payment is offered for donations. ¢)(k) Crematories. (m)~ Hazardous waste treatment facilities. blood or plasma (¢~)(m) Recycling facilities in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code. Section 4. Any established emergency shelter or transitional housing use which, as of the date of adoption of this ordinance, is fully in conformance with Chapter 41 of the Code, shall not lose its legally conforming status by virtue of the adoption of this ordinance. Section 5. 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 Aha hereby declares that 75A-6 Ordinance No. NS-xxxx Page 3 of 5 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 day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-xxxx Page 4 of 5 75A-7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2646 to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-8 Ordinance No. NS-xxxx Page 5 of 5