HomeMy WebLinkAboutNS-2819 - Amending Chapter 41 of Santa Ana Municipal Code Adding Gymnasiums and Health Clubs...ORDINANCE NO. NS-2819
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE ADDING GYMNASIUMS AND
HEALTH CLUBS AS PERMITTED USES IN THE ARTERIAL
COMMERCIAL (C5) ZONING DISTRICT (ZOA NO. 2011-02)
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. The proposed Zoning Ordinance Amendment No. 2011-02 is to amend the
permitted uses section of the Arterial Commercial (C5) zoning district (Santa
Ana Municipal Code Section 41-424) to allow gymnasiums and health clubs
as a permitted use.
B. The proposed amendment supports the General Plan policies of
encouraging viable commercial development along arterial streets,
promoting rehabilitation of commercial properties, and supporting
developments that are harmonious with existing development in the area.
Uses such as health clubs and gymnasiums in this zoning district will further
strengthen the City's commercial base and will provide support services to
the surrounding neighborhoods.
C. On March 28, 2011, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2011-02 to amend Section 41-424 of the Santa
Ana Municipal Code to allow gymnasiums and health clubs in the Arterial
Commercial (C5) zoning district.
D. Zoning Ordinance Amendment No. 2011-02 came before the City Council of
the City of Santa Ana for a duly noticed public hearing on April 18, 2011. On
April 18, 2011, the City Council of the City of Santa Ana continued the matter
to May 2, 2011, for first reading to consider all testimony, written and oral.
On May 2, 2011, the City Council of the City of Santa Ana approved by a
vote of 6-0 (Pulido absent).
E. The City Council adopts as findings all facts presented in the Request for
Council Action dated April 18, 2011, accompanying this matter. For these
reasons, and each of them, Zoning Ordinance Amendment No. 2011-02 is
hereby found and determined to be consistent with the General Plan of the
Ordinance NS-2819
Page 1 of 3
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. Section 41-424 of the Santa Ana Municipal Code is hereby amended
to read as follows:
Sec. 41-424. Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Administrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of
automobiles, trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in section 41-
424.5.
(g) Schools and studios operated for commercial or public purposes.
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including
plant and office.
Q) Two-family dwellings not exceeding one (1) unit per three thousand
(3,000) square feet of lot area, provided such units front on a
secondary or local street.
(k) Cyber cafes subject to compliance with the requirements of section
41-198.200.
(1) Gymnasiums and health clubs.
Section 3. 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,
Ordinance NS-2819
Page 2 of 3
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 16th day of May 2011.
C. k"." J?'- ?4 ? ojjz
0
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
B;yai0. Hodge 161
stant City Attorney
YES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez ,
Tinaiero, Sarmiento (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Pulido (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-2819 to be the original ordinance adopted by the City Council of the
City of Santa Ana on May 16, 2011 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: 13)
Clerk of e Council
City of Santa Ana
Ordinance NS-2819
Page 3 of 3