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Home My WebLink About75B - PH ZONE ORDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2018 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2018-01 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY M RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r-T"j10T00WW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2018-01. PLANNING COMMISSION ACTION At its regular meeting on January 22, 2018, the Planning Commission by a vote of 6:0 (Nguyen absent) recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2018-01 to amend certain sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) to allow churches in the Professional (P) and South Main Street Commercial (C- SM) zoning districts. The Planning Commission recommended adoption of the proposed zoning ordinance amendment with no changes as outlined in the attached staff report (Exhibit A). The City is proposing to amend Chapter 41 of the SAMC to allow churches and accessory church buildings as a conditionally permitted use in the Professional (P) and South Main Street Commercial zoning ,districts (C -SM). This modification will make the P and C -SM zones consistent with the Al, R1, R2, R3, R4 and C5 zones, which allow churches and accessory church buildings with a Conditional Use Permit. Further it will treat churches similar to other assembly uses allowed in the P and C -SM zones, making the zoning code consistent with Federal Laws. Finally, the proposed amendments will update and bring the City's zoning code into compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA), which protects churches and other religious institutions from unduly burdensome, unreasonable or discriminatory zoning or other land use regulations. 7513-1 Zoning Ordinance Amendment No. 2018-01 — Amend Chapter 41 of the SAMC Relating to Churches February 6, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal, AICP Acting Executive Director Planning & Building Agency AN:rb S:\RFCA\02-06-18\PBA2018.01 Amend Sec 41 SAMC-Churches.cc Exhibit: A. Planning Commission Staff Report B. Ordinance 75B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING OATE: JANUARY22,1018 TITLE; PUBLIC HEARING — FILED BY Ti SECTI iNS,OF CHAT MUNICIPAL CODE ( Preparod by Ann .Hsin-An;NI Acling Execoliva Dire r� ul PLANNING COMMISSION SECRETARY', , PFROW-D El As Reccrnnrar ded L'i As Amended rj Sal P011c. He rinq ror DENIED i Applicahr!�Re quant. LJ �ke91� �iFkGC7111 TfleC+Cc"i€IiPTI C NTINQC`}10 Acting Pl `,rrnfng , nagor Recommend that the City Gbit Nt?. 2618-01 1 tq revise qe, ain (SAMC) 'to allow churches in zoning districts: Executive Summer Staff has completed b and 8ccosst)ry church district as well as in the a 0 currently churches and accessory rhurch'bulldinrgs are not allowed 'In the Professional Main Street Co riMeroial (C -CM) zoning districts, Changes in Federal laws, in ca decision by Federal Courts, have forced cities to take a look at how churches are treate arld code, Since Santa. Ana's Approach to religious Institutions has not changed in 30years, modification' need to be made to comply with now laws. The proposed changes will allow churches and accessory' City's goal to treat commercial zoning r EXHIBIT A 75B-3 This will help advance the srnbly uses in the City's u3ra�n 0rclingo6e Amendmerit No.,201 8-01 - �tan�iary.22t �p1 Page 2: h t Fear t tf i pe i t i ng chapter41 �O e, AAMC Tie a ndii�et t ldshfified i t Vv i the third of s veCat aiYl idrrrents that ilii 1 r�aarid< the 'C de Uritit lhs �a ne i Its update i w r . a �w x , r rc h ar aiucs-? Winn t'`rrr16 ull( afe 66kYimeftras, tE ; Rii[2Y 7riJ Orovido� A, brtpf Churches Britt adedyhrildtngsctien 41-1a. ri ariri tT}'. 75B-4 Zoning Ordinance a&m7lMt m@� k 18 . . . 'Page 3 . _ # H§lnAn «..... %qJ : +4a& ' b]( ), Pfo«Q¢brOft 01rditiancd. 75B-5 ORDINANCE NG, NS�XX THE, CITY QQtJNCtL Or THr-'�;ITY OF SANTA,,ANA E��-OR AN A DO,� S FOLLOWS; st€anA fin 0 m 4173,185,end rid 41 - Asoallo-q-& Section 41.313. .Uaes Subject tia condltlaMal u5o perrMt1h the P 00trici-of SIAMC is hereby pmond e -d to i0d. tts follow'. Sec. 4143'13.x, -'Uses, stibloot to a ed nil iti 6nal us4 porm I t In the P dietrict, The fbilowino may ba.0armitted iri the P district, subject to the issuance 0a doMitional use,permit, ExkIBIT I Ordinance. Nti, N8-)tx Rage lbf 4 75B-6 p. Convalescent hospitals, nursing homes, rest homes and extended -rare facilities, c. Trade and prpfessional schools, d. Health clubs and OYMOasifts- e, Recrelfional'qr entertainmentjj$as if -harried on 0,1:66hionction With any the uses - dified in cla spa of s6cflon 41-513 8 M 'AmiJu4nce and emergency madicaj rbs; on, se sprOpes,, i. lehdatclsset forth in , section 41 A R9 110 11 k, Adultdaycard facilities, I., -CIIJ",fraternitles and lodges, t. sail bofidusbs, subject ib devslopmerit and: operation standards 80tfQrth in section -:$�66flon 4 'lection 41-522 -(South Main Commercial DrIstridt) of SAID C is herpby atr orjoeo 16 read as follow. See, 01 522.. Uses subject to a Onditional Use permi(In the. C -SM district, Ordinince No, NS.o, Page 2 914, 75B-7 l"he oifayairrg uses may be "pormitked it) the Stilt dis#r'(ct §.uh)ebt to the issuoi'a of deindi#ignal use pdrmft: ra tukrs,lp0gesen( fraternal'qrganizrtionls, t), outdgor and indoor r-perbOdnal Qr en#ertaininent uses includlnq night blribe :r ## r ih r h e t fprt r irj 00pi 1 c, Hota(s,, metetsk to ,ging h009es4 .Wre h6rires, Ft°at rrtiy ki rrzs s ;arrd s toilty d. ilrrift arra rasa; =state anti ue;s(1aps rt+ cc�llegt tale stores,= caul pawr $heaps and')ktM% rn pauses:, e "ting esWblfshrraonts cep n at �hyMime befke66 the har_trs,pf' + nild, 1�ht. °end tz.tf'a rrtl.,and la.�i?.�sd v�iltC�tri dna h�rtit��d fifiy'f�:5tt3%t�zf tesiierrtr2illy za? art rar us4 ?rc"pe to e cured rrr preapert ttrre tc� k per4ICriar :.J..�phd otrrats:, 9-446011' 1*0teii. In t6dfr0rbt'yord dreg';, top No #p dYdPmertt ad:dPeretnal stdrlarts `het €nrtl� ; th s cti rrr 4,i . tgqA k. Autbroobligraga€r acrd.aritnrrr�r�il�s tviciirg; �•t7ti a.tvrh 1, hurch�s and a'ec�ssar� hr�rch tiuitd+rr'cs.: drdinan court .of S be, ADOPTED this',20'1` day Of February; ` 01B 75B-8 ml ,gr Ordinance No. NS Xx Page 3 of 4 Miguel A. Pulldo' W'yor ity 7Att y By: — 1-lsa Bt�f'clt Assisfant city Afforney AYM81<.oundlmem,6ers NO ounciln embers AS'i�rnclfnTPier NOT PRESEINT,. CourvIrrembers - CE RTIMATE OF ATTE8TA7noN'AN0 ORIGINALITY' mi Clay Of Santa Ani on 20,18 ;end M* sold brrllmlance Was published Ir c ordar r� wv th the harterbf the Qlcy of,Santa Aria tJata. Clens iTthe C6unQIJ pity int Santa aria Or€€inam-TJsr, NS--xu` Page 4 of 4 75B-9 75B-10 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41.313.5 AND 41- 522 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE 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. Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high- quality development standards and to create a user-friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of the Zoning Code. B. The proposed changes and additions to the Zoning Code will protect religious individuals and institutions and treat such uses similar to other assembly uses in the Professional (P) zoning district and the South Main Commercial (C -SM) zoning district while protecting the health, safety, and welfare of the city and limiting undue strain on the community. C. Zoning Amendment No. 2018-01 amends Sections 41-313.5 and 41-522 of Chapter 41 of the Santa Ana Municipal Code. D, On January 22, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2018-01 to amend Sections 41-313.5 and 41-522 of Chapter 41 of the Santa Ana Municipal Code (SAMC). E. 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 to, 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. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA guidelines, the adoption of this ordinance is exempt from CEOA review pursuant to California Environmental Quality Act Section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Ordinance No, NS-xx Page t of 4 75B-11 Section 3. Section 41-.313.5 of the Santa Ana Municipal Code, uses subject to a conditional use permit in the Professional zoning district (P), is hereby amended to read as follows: Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities, b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. Non -freestanding commercial and service uses which are open at anytime between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-013, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any between the hours of 12;00 midnight and 5:00 a.m. and located within one hundred fifty (160) feet of residentially zoned or used property; measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. Ordinance No. NS-xx Page 2 of 4 75B-12 n. Churches and accessory church buildings. Section 4. Section 41-522 of the Santa Ana Municipal Code, uses subject to a conditional use permit in the C -SM zoning district (South Main Commercial District), 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. h. Banquet facilities, subject to development and operational standards set forth 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. j. Automobile repair and automobile servicing. k. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. I. Churches and accessory church buildings. Ordinance No. NS-xx Page 3 of 4 75B-13 Section 5, If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By C -- Lisa Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 2018 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 75B-14 Ordinance No, NS-xx Page 4 of 4