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Home My WebLink About75A - 2041 S. MAIN ST. CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: OCTOBER 2, 2006 TITLE: AMENDMENT APPLICATION NO. 2006-01 TO REZONE TWO PARCELS TO ALLOW THE EXPANSION OF KELLY'S AUTO BODY AT 2041 SOUTH MAIN STREET - KELLY'S BODY SHOP, APPLICANT A a~~f/J tZ-.. /' 7 CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution denying Amendment Application No. 2006-01. OR 2. Adopt an ordinance approving Amendment Application No. 2006-01. OR 3. Adopt an ordinance approving a Zoning Ordinance Amendment No. 2006-04 to allow automotive repair .and servicing uses in the C-SM zoning district, subject to a conditional use permit; and adopt a resolution denying Amendment Application No. 2006-01. PLANNING COMMISSION ACTION Recommended that the City Council deny Amendment Application No. 2006-01 by a vote of 6: 0 (Benavides abstained) at its August 14, 2006 meeting (Exhibi t A) . DISCUSSION On September 5, 2006, the City Council held a public hearing on the proposal to change the zoning of 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C2). If approved, the owner of Kelly's Body Shop intends to expand his existing business by remodeling an existing building and constructing two new buildings. After receiving public testimony and deliberating on the proposal, the City Council continued the item and directed staff to prepare findings in support of the proj ect , in addi t ion to findings of denial. 75A-1 Amendment Application No. 2006-01 October 2, 2006 Page 2 Since the Council hearing, staff has identified a third potential option, which would amend the zoning ordinance to allow automotive repair and automotive servicing uses in the C-SM zoning district with a conditional use permit. The first option is to deny the applicant's request for a zone change to C2. This option would maintain the existing C-SM zoning designation for the properties and would prohibit the proposed expansion project. Expansion that is limited to 10 percent of the size of the existing buildings, or approximately 350 feet, would be permitted on the premises. Denial of the zone change would reaffirm the existing zoning, which found auto service uses to be counter to the goal of encouraging neighborhood serving retail that generate pedestrian activity along South Main Street. The second option is to approve the applicant requested rezoning of the properties to General Commercial (C2). This action would modify the zoning of the two subject parcels while maintaining the C-SM zoning for the existing parcels along South Main Street (Exhibit B). This option allows the proposed expansion subject to the site's compliance with the provisions of the C2 zoning district. Due to the differences in the C-SM and C2 development standards, the applicant requested rezoning would result in a site that contains different standards that will alter the building placement pattern found along South Main Street. For example, the C2 standards require a 15 foot front yard setback, while the C-SM zoning has a zero setback requirement. The setback difference would alter the development pattern of the corridor by having buildings set back from the street and by allowing parking to be provided in front of the building and adjacent to the street as opposed to the rear of the site as required by the C-SM zoning and found along South Main Street. In addition, this option would require the applicant to obtain variances from the parking, height, street frontage and setback standards. The third option is to modify the C-SM zoning provisions to allow automotive repair and automotive servicing uses with a conditional use permit. This action would allow the applicant the ability to expand the business with an approved conditional use permit. This action will allow the proposed development to meet the objectives of the C-SM zone while being consistent with the development pattern found along South Main Street. Further, this option will allow staff the ability to review similar applications on a case by case basis to ensure compliance with applicable development standards. This option would require the applicant to apply for a conditional use permit and obtain variances from the parking, and potentially for height and setback standards, though these last two items may be resolved through design refinements. Additionally, the project will need to comply with the Auto Repair Design 75A-2 Amendment Application No. 2006-01 October 2, 2006 Page 3 and Development Standards applicable to projects within the C-SM zoning district. These standards, which include provisions on fencing, building placement, building elevations, and building design, will be reviewed in conjunction with the conditional use permit. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b) (3). This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-169 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. ~eVino ecutive Director Planning & Building Agency VF:rb vf/reports/aa06-01.100206cc 75A-3 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: AUGUST 14, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-01 TO REZONE TWO PARCELS TO ALLOW THE EXPANSION OF KELLY'S AUTO BODY AT 2041 SOUTH MAIN STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Vince Fregoso ~/1 Executive Director ~~~ Planmng nager RECOMMENDED ACTION Recommend that the City Council deny Amendment Application No. 2006-01. DISCUSSION Request of Applicant Mr. Benjamin Mendoza is requesting approval of an amendment application to change the zoning of the subject property from South Main Street Commercial (C-SM) to General Commercial (C-2). The applicant intends to rehabilitate and expand the existing auto body business that is located on Main Street, which is not allowed under the current zoning due to the auto use's nonconforming status. Property Description The property is a 0.77 acre, rectangular shaped parcel of land located on Main Street between St. Andrew Place and St. Gertrude Place. The site, which consists of three separate lots, is currently occupied by Kelly's Body Shop, a business that has been operating since 1993. The site currently contains two buildings; a one-story, 1,190 square foot office building and a one-story, 2,330 square foot automotive repair structure. In addition, two open air canopies are located behind the two buildings. A total of 44 parking spaces are provided on-site for the development. The property is currently zoned South Main Street Commercial (C-SM) and is designated as General Commercial (GC) on the Santa Ana General Plan. Surrounding land uses include commercial uses to the north and west, commercial and residential uses to the south, and a combination of single- family and multi-family residential uses to the east (Exhibits 1 and 2). EXHIBIT A 75A-4 Amendment Application No. 2006-01 August 14, 2006 Page 2 Project Description Mr. Benjamin Mendoza is requesting approval of a zone change to change the zoning designation of a property located at 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) (Exhibit 3) . If this action is approved, the applicant intends to demolish one existing building, remodel another building and construct two new buildings for the auto body business. The project is proposed to be developed in four phases. Upon completion of all phases, two existing open canopies are proposed to be removed and replaced by two work bay buildings: a 3,000 square foot (Phase 1) and a 5,000 square foot (Phase 2) facility. In addition, the existing 2,330 square foot building located along Main Street would be converted from a paint and body building into an office building (Phase 3). Finally, the existing office building located on Main Street would be demolished to provide additional parking for the use. At the completion of all phases, a total of 48 parking spaces will be provided for the project (Exhibits 4 and 5) . Analysis of the Issues In April 2000, the City Council adopted Ordinance No. NS-2420 to establish a new zoning district on South Main Street. This new zone, the Commercial South Main zoning district (C-SM), rezoned properties generally located between Walnut Street and Warner Avenue. The creation of this designation was in response to concerns regarding the desire to upgrade and revitalize one of the most unique streetscapes in the City. Since the South Main Street area was identified as a major commercial thoroughfare whose predominant development pattern differed from other commercially zoned properties, a new zoning designation was created for this area. The C-SM zone included several features that differed from other commercial designations found in the zoning code, such as allowing development on lots smaller than 15,000 square feet in size, provisions to allow off-site parking, allowing a reduction in the 15-foot front yard setback standard and modifications to permitted uses. The permitted uses in the C-SM zone were focused to create a greater commercial consistency of land uses, specifically pedestrian-friendly and neighborhood serving commercial uses. As a result, automotive related uses such as sales and service, including auto body facilities, were not incorporated into the C- SM standards. This action resulted in Kelly's Auto Body becoming a legal nonconforming use subject to the provisions of Article VI of Chapter 41 of the Santa Ana Municipal Code (SAMC), which establishes standards for the regulation of nonconforming buildings and uses. 75A-5 Amendment Application No. 2006-01 August 14, 2006 Page 3 Kelly's Auto Body desires to expand its existing facility. Section 41-681 of the SAMC states that "No nonconforming building, or building occupied by a nonconforming use shall be enlarged nor shall the exterior walls of such a building be structurally altered in any manner unless such building and the site on which it is located will thereafter conform to all applicable provisions of this chapter...." In order for Kelly's site to achieve conformancy the auto use would have to be removed from the site. Since this would be counter to the owner's goal of continuing to operate an auto body use on the site, the use could not be brought into conformancy and no enlargements or structural alterations can be achieved. In this case, the applicant's request can only be facilitated if the zone is changed to a category that allows auto uses, such as the C2 zone or if the C-SM zone is amended to allow auto service uses. In considering these rezonlng options, staff reviewed the original policy considerations that informed the Council's action in 2000. Beginning in 1999 the City Council began a process to address inconsistent uses and incompatible development standards in the South Main Street area. This process included the involvement of the South Main City Council Committee, the South Main Merchants, the Heninger Park Neighborhood Association, and the Planning Commission. After extensive study new standards were developed to preserve the unique development pattern along South Main, strengthening it as a location for specialty retail, and providing for the eventual transition of incompatible uses out of the area. Through this process eight use categories were specifically prohibited in the C-SM zone. These are: 1. Automobile repair and automobile servicing uses. 2. Automobile sales. 3. Service stations. 4. Mortuaries. 5. Hospitals and sanitariums. 6. Clinics and medical office uses. 7. Golf courses. 8. Churches and accessory church buildings. The intent of the rezoning was to encourage pedestrian-friendly and neighborhood serving commercial uses. If approved, a nonconforming use that achieves the zone change would extend the and would make the site less likely goals of the C-SM zoning standards. life of the legal to recycle to a use Second, the removal 75A-6 Amendment Application No. 2006-01 August 14, 2006 Page 4 of the parcel from the C-SM designation would set a precedent for other similar uses along the South Main Street corridor. Currently, there are approximately 20 automotive related uses operating on South Main Street. Approval of this application could result in several requests to rezone properties to allow the expansion of similar uses, further impeding the transformation of the South Main Street corridor. If the C-SM zone itself is changed to allow auto uses, it would represent a significant change in policy for the South Main area, would remove all the existing auto uses from a nonconforming status, and would pave the way for additional auto service uses to be established. Finally, the proposed zone change does not implement the larger policy goal the City is trying to achieve, which is to promote neighborhood serving commercial uses along this corridor. On March 27, 2006, a study session was held with the Planning Commission regarding nonconforming uses in the C-SM zoning district. After extensive discussions regarding this issue and various land use options for the corridor, the Commission noted the importance of maintaining the existing zoning for the corridor and the need to encourage more uses that serve the adj acent neighborhoods. As the proposed proj ect is not consistent with the intent of the Commercial South Main Street zoning designation, staff recommends that the Planning Commission recommend that the City Council deny Amendment Application No. 2006-01. CEQA Compliance In accordance with the recommended action is not environmental documentation California considered is required. Environmental Quality Act, a CEQA project. 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Zoning District SECTIONAl DISTRICT MAP 19-5-9 ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17, 1959 BY ORDINANCE NS-394 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERiAl COMMERCIAL CR COMMERCiAl RESIDENTIAL C-SM GC Ml M2 Me o P PCD PO PRD SOUTH MAIN STREET COMMERCIAL DISTRICT GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAl PLANNED COMMUNITY DEVELOPMENT PLANNED DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl SINGLE-FAMILY RESIDENCE Rl~ SMALL LOT SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE.FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTiAl ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN 16.5-9 17-5-9 + 20-5.9 M1 u.i ~ M1 16+9 17-5-9 20.5.9 M1 c z < a: e" 20-5.9 + 30-5-9 (29-5-9 SCALE IN FEET o eo- -6000 1000 MINIMUM FRONTAGE MINIMUM LOT AREA THIS MAP IS THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITYQF SANTA ANA AS AUTHORIZEO BY CITY COUNCil RESOLUTION NO. 74.163, DATED 11-18-74, I HEREBY ATTEST THAT THIS MAP IS It TRUE COPY Of THE ORIGINAL SECTIONAl DISTRICT MAP NO ,1-64. Sign" JAVTRE\l1NQ EXECUTIVE DIRECTOR PLANNING & BUILDING AGENCY Certificate Dale RES. (A.A. ! ANX, NO 5556 6044 AA860 AA 88" AA 890 AA951 AA 1052 AA 1058 AA98-8 AA06-1 000 IRES. NO N$-591 NS--1193 NS- "'0' NS-1712 NS-1713 NS.18S1 NS-2139 N$-2179 NS-2395 Pending ADOPTED DATE 7-2-62 12-17-73 10-26-81 1-16-84 1-16-84 7-7-88 8-19-91 9-8-92 7-19-99 APPROVED ~ ~(q.- (/(q.- KQr KQr KQr KQr U RES. I A.A. ! ANX. NO ORD. ! RES. NO ADOPTED DATE APPROVED PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA. CALIFORNIA ITB KO- 9/26/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING THE REQUEST TO REZONE THE PROPERTY LOCATED AT 2037 AND 2041 SOUTH MAIN STREET FROM SOUTH MAIN STREET COMMERCIAL (C- SM) TO GENERAL COMMERCIAL (C-2) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2006-01 has been filed with the City of Santa Ana to rezone the property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on August 14, 2006 on Amendment Application No. 2006-01. The Planning Commission determined by a vote of 6:0:1 (Benavides abstaining) to recommend that the City Council adopt a resolution denying Amendment Application No. 2006-01. C. On September 5, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on Amendment Application No. 2006-01. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. In April 2000, the City Council established a new zoning district for both sides of South Main Street. The purpose of the rezoning was to upgrade and revitalize the unique streetscape found on South Main. The permitted uses in the C-SM zone are focused on pedestrian-friendly and neighborhood-serving commercial uses. E. After extensive study, new standards were developed for the C-SM zone, including (1) provision for buildings to be constructed at the back of the sidewalk with no front setbacks for landscaping or parking, and (2) the prohibition of non-pedestrian friendly retail uses such as automobile repair and servicing uses and automobile sales. F. The current C-SM zoning for the subject property facilitates this vision of pedestrian-friendly and neighborhood-serving commercial uses. The applicant's proposed rezoning would permit, and its site plan would Resolution No. 2006-XXX Page 1 of 3 75A-14 provide for, a new parking lot to be constructed at the front of the subject property. G. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-01 to rezone property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) does not bear a substantial and reasonable relationship to the public welfare. H. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 2037 and 2041 South Main Street would be arbitrary and capricious and would not be consistent with the appropriate planning or land use criteria. I. In accordance with the California Environmental Quality Act, the proposed project is not a project as defined by the California Environmental Quality Act. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby denies Amendment Application No. 2006-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated September 5, 2006 and exhibits attached thereto; the Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of ,2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2006-XXX Page 2 of 3 75A-15 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006-XXX Page 3 of 3 75A-16 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2037 AND 2041 SOUTH MAIN STREET FROM SOUTH MAIN STREET COMMERCIAL (C-SM) TO GENERAL COMMERCIAL (C-2) (AA NO. 2006-01) 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: A. Amendment Application No. 2006-01 has been filed with the City of Santa Ana to rezone the property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2). B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on August 14, 2006 on Amendment Application No. 2006-01. The Planning Commission determined by a vote of 6:0:1 (Benavides abstaining) to recommend that the City Council adopt a resolution denying Amendment Application No. 2006-01. C. On September 5, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on Amendment Application No. 2006-01. On September 5, 2006 the City Council continued the matter to October 2, 2006. D. In April 2000, the City Council established a new zoning district for both sides of South Main Street, known as the C-SM zone. Among its purposes is to provide opportunities for neighborhood-serving uses consistent with a pedestrian-friendly area. E. The C-SM zone prohibits new automobile repair and servicing uses or expansion of existing automobile repair and servicing uses, such as the one located on the subject property for numerous years. Thus the applicant's existing use has been legally nonconforming for over six (6) years. F. The City of Santa Ana does not amortize legally nonconforming uses; the applicant can continue to operate its automobile repair and servicing use on the subject property in perpetuity. However, the applicant may not expand its use under the current zoning, since it is nonconforming. As 75A-17 such there is no incentive for the subject property to revitalize or recycle. Therefore without rezoning, the applicant would not have the ability to reinvest in his use, and the subject property could well become a blight on the community. The blighting effect would be counter productive to the C- SM's pedestrian-friendly and neighborhood-serving commercial purpose. G. Additionally, there is two-family residence (R-2) zone and well-established residential uses immediately adjacent on both the north and south of the rear half of the subject property. Therefore, if the subject property becomes blighted it would negatively affect this existing residential neighborhood, which could have a ripple effect upon multiple properties. H. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the proposed Amendment Application No. 2006-01 to rezone property located at 2037 and 2041 South Main Street from South Main Street Commercial (C-SM) to General Commercial (C-2) bears a substantial and reasonable relationship to the public welfare. I. Based upon the evidence referenced herein, including all oral testimony before the Planning Commission and the City Council at their respective public hearings, the rezoning of 2037 and 2041 South Main Street would be consistent with the appropriate planning and land use criteria. J. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b)(3). This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-16 will be filed for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Amendment Application No. 2006-01. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated September 5, 2006 and exhibits attached thereto; Request for Council Action dated October 2, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The real property located at 2037 and 2041 South Main Street in Santa Ana is hereby reclassified from South Main Street Commercial (C-SM) to General Commercial (C-2). Amended Sectional District Map number 19-5-9 showing the above described change in zoning district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2006-01). 75A-18 Section 4. This Ordinance shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Ordinance. ADOPTED this _ day of ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-19 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW AUTOMOBILE REPAIR AND AUTOMOBILE SERVICING IN THE SOUTH MAIN STREET COMMERCIAL DISTRICT WITH A CONDITIONAL USE PERMIT (ZOA No. 2006-04) 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: A. The South Main Street Commercial District was created in April 3, 2000. B. On October 2, 2006, the City Council held a duly noticed public hearing regarding the adoption of an ordinance approving Zoning Ordinance Amendment No. 2006-04, to amend the South Main Street Commercial District to allow automobile repair and automobile servicing subject to the issuances of a conditional use permit. C. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061 (b)(3). This section exempts the project from further CEQA review as it has been determined that the proposed project will not have a significant effect on the environment. Exemption No. 2006-169 will be filed for this project Section 2. Section 41-522 is hereby amended to read as follows: Sec. 41-522. Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) 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. (f) Laundromats. (g) Ancillary outdoor dining facilities located in the front yard area. 75A-20 (h) Banquet facilities, subject to development and operational standards setforth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. m Automobile repair and automobile servicing. Section 3. Section 41-523.5 is hereby added to the Code to read as follows: Section 41-523.5. Standards for automobile repair and automobile servicing in the C-SM district. Automobile servicing and automobile repair are subject to the following requirements: (1) No outdoor overnight vehicle storage is permitted except as permitted by section 41-1302. (2) No auto repair or auto body activity within three hundred (300) feet of property zoned or used for residential purposes shall be conducted before 7:00 a.m. or after 9:00 p.m. on any day of the week. (3) Driveway Access on through lots shall not be allowed onto streets primarily servicing property zoned or used for residential purposes. (4) Building elevations containing service or repair bays shall not face toward a public street or toward residential property if the elevations are within 300 feet of property zoned or used for residential purposes. (5) A six (6) foot high minimum masonry block wall shall be provided along side and rear property lines not abutting public streets. For properties where at least one C-SM zoned parcel is combined with at least one R2-B zoned parcel, a six (6) foot high minimum masonry block wall shall not be required along the property line between the C-SM and R2-B zoned parcels. Walls or fences excluding chain-link shall not exceed 42 inches high within 15 feet of public streets. If the site abuts a commercial development, the Planning Manager may reduce or delete the wall requirement. Flowering vines should be planted at intervals along the wall to discourage graffiti. (6) Exterior building elevations facing public streets shall be a minimum of 50 percent of the storefront in clear glass. (7) Security fencing, if provided in addition to the perimeter masonry wall, shall be of a decorative design compatible with the masonry wall. All gates and fencing shall remain free of signs or other advertisements. Gates shall remain open during business hours Ordinance No. NS-XXXX Page 2 of 4 75A-21 and shall satisfy Public Works Agency requirements for vehicular stacking. (8) Auto repair buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the area or of the integrated development site if the auto repair facility is within such a development. Section 4. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of October, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 75A-22 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 4 of 4 75A-23 75A-24