HomeMy WebLinkAbout11A - ORDINANCE AMENDING CHAPTER 41(ROH 12/20/10)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICPAL CODE REGARDING THE
DEFINITION OF AND OPERATIONAL STANDARDS FOR
EQUIPMENT RENTAL YARDS
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 Santa Ana Municipal Code does not currently contain standards for
the operation of equipment rental yards. Such standards are necessary to
ensure that such facilities will not have a detrimental effect on permitted
adjacent uses by reason of refuse matter, noise, light, vibration, or lack of
property maintenance of grounds or buildings.
B. The Request for Council Action for this ordinance dated December 6,
2010, shall by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council at this meeting, shall additionally constitute the necessary
findings for this ordinance.
C. 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 City Charter. 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 41-58 of Chapter 41 of the Santa Ana Municipal Code is
added to read as follows:
Sec. 41-58. Equipment Rental Yard.
An equipment rental yard is a permanent establishment dedicated to the rental of
building or construction tools, equipment, or other related supplies where the storage and
display of said equipment and supplies may occur both within a structure, as well as in an
outdoor yard area associated with said structure.
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Section 3. Section 41-377 of Chapter 41 of the Santa Ana Municipal Code is
amended to read as follows:
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.
(d) Reserved.
(e) Equipment Rental Yards.
(f) Metal shops.
(g) Tire recapping.
(h) Wholesale establishments as follows:
(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.
0) Research institutions and laboratories.
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(k) Adult entertainment businesses subject to compliance with the requirements
of article XVII of this chapter.
(1) Cyber cafes, subject to compliance with the requirements of section 41-
198.200.
Section 4. Section 41-378 of Chapter 41 of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 41-378. Operational standards in the C2 district.
(a) All business activities in the C2 district shall be conducted and located within
an enclosed building, except as otherwise provided in section 41-195, and except that the
following business activities, to the extent permitted under section 41-377 and section 41-
377.5, may be conducted outside of an enclosed building:
(1) Plant nurseries.
(2) Automobile sales and parking lots.
(3) Recreational or entertainment uses.
(4) Equipment Rental Yards.
(5) Truck, trailer, tractor and boat sales.
(6) Open-air car washes.
(7) Trailer parks and camps.
(b) No sales shall be made directly from a building to persons on a public
sidewalk, either through a window or similar opening or by means of a coin-operated
device.
(c) Service stations, automobile servicing, and automobile repair are subject to
the following requirements:
(1) No outdoor overnight vehicle storage is permitted except as permitted
by section 41-613.2.
(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.
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Section 5. Section 41-387 of Chapter 41 of the Santa Ana Municipal Code is
added to read as follows:
Sec. 41-387. Equipment Rental Yard-Operational Standards.
Equipment Rental Yards shall comply with the following operational standards:
(a) Any permitted Equipment Rental Yard shall be operated in a fashion
so as to have no detrimental effect on lawful adjacent uses by reason
of refuse matter, noise, light, vibration, or lack of property
maintenance of grounds or buildings.
(b) A solid decorative masonry wall not less than eight (8) feet in height
shall be built and maintained along any rear or side lot line abutting
property that is used, zoned, or designated on the General Plan for
residential purposes.
(c) Equipment, including stacked storage or displays, shall not exceed
ten (10) feet in height when being stored or displayed on the site.
(d) All parking, vehicle circulation, queuing, backing, and equipment
loading must occur completely on-site.
(e) Hours of operation shall be limited to 7 a.m. to 8 p.m.
(f) Equipment, including stacked storage or displays, shall be stored or
displayed entirely on-site, pursuant to any applicable approved site
plan, but shall not be stored or displayed:
(1) in any setback, improved or not, required pursuant to sections
41-368, 369, and 370;
(2) in any required parking spaces, driveways, or pedestrian
walkways;
(3) so as to obstruct sight distance or otherwise create hazards for
vehicle or pedestrian traffic;
(4) so as to disrupt the normal function of the site or its circulation;
(5) on any public right-of-way.
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(h) All trash and debris generated by the storage of building materials,
such as sand or gravel, must be contained on site.
Section 6. Section 41-388 of Chapter 41 of the Santa Ana Municipal Code is
added to read as follows:
Sec. 41-388. Amortization of non-conforming Equipment Rental Yards.
Any use of real property existing on the effective date of this ordinance, which meets the
definition of Equipment Rental Yard as set forth in section 41-58 of this Code, but which was
constructed, operated, and maintained in compliance with all regulations and design,
development, and operational standards adopted by the City, shall be deemed a legal
nonconforming use which may be continued until six months after the effective date of this
ordinance. On or before such date, all such nonconforming aspects of such use shall be
terminated or brought into full compliance with the operational requirements set forth in section 41-
387, with the exception of subsection (b).
(a) Abandonment. Notwithstanding the above, any discontinuance or
abandonment of the use of any lot or structure as an equipment rental yard
for a continuous period of one (1) year shall result in a loss of legal
nonconforming status of such use.
(b) Amortization--annexed property. Any equipment rental yard that was a legal
use at the time of annexation of the property, but that does not conform to
the regulations and design, shall be brought into compliance within one (1)
year of the date of annexation.
Section 7. Section 41-396 of Chapter 41 of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 41-396. Operational standards in the C3 district.
(a) All business activities in the C3 district shall be conducted or located within an
enclosed building, except as otherwise provided in section 41-195, and except that the following
business activities, to the extent permitted under section 41-395 and section 41-395.5, may be
conducted outside of an enclosed building:
(1) Plant nurseries.
(2) Automobile sales and parking lots.
(3) Equipment Rental Yards.
(4) Truck, trailer, tractor, and boat sales.
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(5) Newsstands.
(6) Flower stands.
(7) Recreational or entertainment uses.
(b) No sales shall be made directly from a building to persons on a public sidewalk,
either through a window or similar opening or by means of a coin-operated device.
Section 8. 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 day of 2010
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge, Assistant City Attorney
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX 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
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