3 1
6 1
FISCAL IMPACT
There is no fiscal impact associated with this action. Staff will return to the City Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time.
EXHIBIT(S)
1. Bristol-Tolliver Street Urban Greening Project Conceptual Site Plan
2. Bristol-Tolliver Street Urban Greening Project Letters of Support
3. Resolution Authorizing Grant Application for Urban Flood Protection Program Submitted By: Nabil Saba, Executive Director, Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
27 –
2 1/17/2023
TOLLIVER ST.
HESPERIAN ST.
BRISTOL ST.
PUBLIC WORKS AGENCYREVISIONSREFERENCES
City Council
27 – 3
1/17/2023
City Council
27 –
4 1/17/2023
City Council
27 –
5 1/17/2023
City Council
27 –
6 1/17/2023
City Council
27 –
7 1/17/2023
City Council
27 –
8 1/17/2023
City Council
27 –
9 1/17/2023
City Council
27 –
10 1/17/2023
City Council
27 –
11 1/17/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE APPLICATION FOR GRANT
FUNDS FOR URBAN GREENING PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant ’s governing board before submission of said application(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the Project
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana:
Section 1. The City of Santa Ana hereby:
A. Approves the filing of an application for the Bristol-Tolliver Street Urban Greening Project;
B. Certifies that applicant understands the assurances and certification in the application;
C. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so;
D. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code;
E. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained; and
F. Certifies that applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the
City Council
27 –
12 1/17/2023
Resolution No. 2023-XXX
environment, and promote public health and safety as included in Government Code Section 65041.1.
Section 2. The City appoints the Executive Director of the Public Works Agency, or designee, as agent to conduct all negotiations, execute and submit all documents, including but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project.
Section 3. This Resolution 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 Resolution.
ADOPTED this ____ day of ___________________, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
City Council
27 –
13 1/17/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Clerk of the Council, do hereby certify the attached Resolution No. 2023- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
Clerk of the Council
City of Santa Ana
City Council
27 –
14 1/17/2023
Clerk of the Council Office
www.santa-ana.org/clerk-of-the-council
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Assembly Bill 361
AGENDA TITLE:
Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361
RECOMMENDED ACTION
Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.
DISCUSSION
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20, suspending certain provisions of the Brown Act to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom, with councilmembers and staff joining from remote locations when necessary.
The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021.
In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.
The City of Santa Ana’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 teleconferencing
City Council
28 –
1 1/17/2023
Assembly Bill 361
January 17, 2023
3 1
9 6
resolution for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re-visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually.
Most recently, on December 20, 2022, the City Council adopted Resolution No. 2022- 103, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
Submitted By: Norma Orozco, Acting Clerk of the Council Approved By: Kristine Ridge, City Manager
City Council
28 –
2 1/17/2023
Resolution 2023-XXX
RESOLUTION 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA , CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference , including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the Ci ty Council of the City of Santa Ana , consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2021-088; 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022 -037; 2022 -043; 2022 -050; 2022 -063; 2022-070; 2022-073; 2022 -077; 2022 -087; 2022-090; 2022-094 and 2022 -103 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).
City Council
28 –
3 1/17/2023
Resolution 2023-XXX
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows:
SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana’s City Council and each and every other legislative body of the City.
SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361.
SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.
SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval.
ADOPTED this ____ day of January, 2023.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council
28 –
4 1/17/2023
Resolution 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023- ___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2023.
Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
City Council
28 –
5 1/17/2023
City Manager Office
www.santa-ana.org/city-managers-office
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Police Oversight Commission
AGENDA TITLE:
Police Oversight Commission Informational Report
RECOMMENDED ACTION
Accept informational report and provide direction to staff.
DISCUSSION
Background: Ordinance Establishing the Police Oversight Commission On November 15, 2022, the City Council adopted an ordinance establishing a Police Oversight Commission. The purpose of the Police Oversight Commission is to improve transparency, increase the accountability of and public confidence in the Santa Ana Police Department and to provide for an Independent Oversight Director. The purpose of the Commission is to act through the Independent Oversight Director to provide the Chief of Police, City Manager, and City Council independent investigations of, analysis, and recommendations on police practices, police misconduct, officer-involved shootings, and other serious uses of force.
About the Police Oversight Commission
Once established, the Police Oversight Commission will consist of seven members, referred to as “commissioners”, who will meet at least once a month to engage in the following:
•Review, evaluate and make recommendations to the Chief of Police and City Council regarding the Police Department’s policies, practices, and procedures, develop programs and strategies to promote positive police-community relations, and make appropriate recommendations to the City Manager and the City Council.
•Receive, hear, and review misconduct complaints, tort claims, or lawsuits made against on-duty Santa Ana Police Officers which allege Santa Ana Police Officers have engaged in misconduct as specified in Santa Ana Municipal Code Sec. 2- 665(b).
City Council
29 –
1 1/17/2023
Police Oversight Commission
January 17, 2023
3 1
9 4
•Receive and discuss reports from the Independent Oversight Director on all incidents involving alleged misconduct by Santa Ana Police Officers as specified in Santa Ana Municipal Code Sec. 2-665(b).
•Direct the Independent Oversight Director to independently review and investigate citizen complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in section 2-665(b) or when the City Council provides authorization pursuant to Santa Ana City Charter Section 1100. •Authorize the Independent Oversight Director to audit complaint files and review policies to ensure best practices are implemented.
•Advise the Mayor, City Council, City Manager and Police Chief on community relations issues involving the Police Department.
•Review any Memorandum of Understanding (MOU) between the City and the Santa Ana Police Officers Association or the City and the Santa Ana Police Management Association, and provide suggestions and recommendations concerning negotiations to the City Manager and the City Council. •Conduct public meetings to educate the community on the purpose of the Police Oversight Commission and provide a forum for discussions about police policies, practices, and procedures.
•Prepare and submit an annual report to the City Council concerning the Commission’s activities, findings and recommendations.
Each member of the City Council will nominate an eligible candidate to serve on the Commission and the City Council will collectively consider appointing each candidate to the Commission. Once a commissioner is appointed, they will be required to take an oath and execute a confidentiality agreement and engage in a series of trainings, and may participate in a ride-along with the Santa Ana Police Department.
Once a quorum is established, the Commission will hold its first meeting. At that meeting, the Commission will fix the time and place of regularly scheduled meetings.
The Commission will be provided with regular staff support, who, along with the City Manager or their designee and Police Chief or their designee, will attend each Commission meeting. Commissioners will be compensated $50 per meeting, with no more than four compensated meetings per month.
About the Independent Oversight Director
The City Council is authorized to appoint an Independent Oversight Director who will either be engaged through a professional services agreement or who may be hired as an exempt at-will City employee who will serve at the will and pleasure of the City Council. In addition to staff support that will be provided to the Commission, the Independent Oversight Director will assist the Commission in performing its duties and exercising its powers. This includes the following:
•Conduct investigations of allegations of on-duty Santa Ana Police Officers who have engaged in misconduct as specified in Santa Ana Municipal Code Sec. 2- 665(b).
City Council
29 –
2 1/17/2023
Police Oversight Commission
January 17, 2023
3 1
9 4
•Request and review citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or great bodily injury was caused by direct police action.
•Audit complaint files and review policies to ensure best practices are implemented.
Implementation Timeline
Below is an overview of the activities associated with the implementation of the Police Oversight Commission ordinance.
Date Activity Owner
January 2023 Begin a search for an Independent
Oversight Director either by engaging an
individual through a professional services
agreement or by creating an Independent
Oversight Director classification on
launching a recruitment.
City Manager’s Office
City Attorney’s Office
(assisting)
Human Resources
(assisting)
January 2023 Launch a recruitment for a Management
Analyst to provide regular staff support to
the Police Oversight Commission.
City Manager’s Office
Human Resources
(assisting)
January 2023 Engage the National Association for Civilian Oversight of Law Enforcement (NACOLE)
for technical assistance, training, and on-
going support services relating to the Police
Oversight Commission
City Manager’s Office
City Attorney’s Office
(assisting)
January 2023 Release a call for applications to serve on the Police Oversight Commission.
City Clerk’s Office
City Council
January
through June
2023
Through a cross-departmental working
group composed of staff from the City
Attorney’s Office, City Clerk’s Office, City
Manager’s Office, and Santa Ana Police
Department, collaborate with NACOLE to
develop and execute detailed
implementation plan to launch the Police
Oversight Commission program. The goal is
for all members of the Police Oversight
Commission to be appointed and ready to
have their first meeting (have taken an oath,
signed a confidentiality agreement, begun
trainings, and been offered a ride-along), for
the City to have employed a full-time
Management Analyst to provide regular
staff support to the Police Oversight
City Manager’s Office
City Attorney’s Office
City Clerk’s Office
Police Department
City Council
29 –
3 1/17/2023
Police Oversight Commission
January 17, 2023
3 1
9 4
Commission, and for City to have engaged
an Independent Oversight Director.
January
through June
2023
Appoint commissioners to the Police
Oversight Commission.
City Council
January
through June
2023
Interview and select an Independent
Oversight Director.
The Police Oversight Commission shall
review the top three candidates for the
Independent Oversight Director role and
make a recommendation to the City
Council.
City Council
Police Oversight
Commission
July 2023 The Police Oversight Commission operates
independently—with the Management
Analyst and Independent Oversight
Director.
Management Analyst
Independent Oversight
Director
Police Oversight
Commission
Next Steps
Staff seeks direction from the City Council relating to appointing the commissioners and the Independent Oversight Director :
•Nominations for commissioners: Members of the City Council may individually reach out to the City Clerk for nominations. Once nominations for eligible candidates are received by the City Clerk’s Office, staff will agendize their appointment to the Commission at an upcoming City Council meeting. •How to engage the Independent Oversight Director: Does the City Council have a preference of engaging the Independent Oversight Director through a professional services agreement or by hiring an exempt at-will City employee? Staff will continue to provide regular updates to the City Council to share progress on the implementation of the Police Oversight Commission ordinance.
FISCAL IMPACT
There is no fiscal impact associated with this action.
As part of the FY 2022-23 Budget, the City Council appropriated $1 million for police oversight. These funds are available for expenditure during FY 2022-23 in the General Non-Departmental budget (account no. 01105015-62302).
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council
29 –
4 1/17/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Public Hearing to adopt Ordinance to Disestablish the Downtown Santa Ana Business Improvement District
AGENDA TITLE:
Public Hearing: Consider an Ordinance to Disestablish the Downtown Santa Ana Business Improvement District
RECOMMENDED ACTION
Approve first reading of an ordinance to disestablish the Downtown Santa Ana Business Improvement District.
DISCUSSION
On February 6, 1984, the City Council adopted Ordinance No. NS-1715, pursuant to state law, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID was established as a means of providing the Downtown business community with the funding to promote events and create promotional materials, increase the security presence, enhance maintenance of the downtown shopping corridors, and implement streetscape improvements. The BID is funded through an additional charge on the business license tax for those businesses within the BID boundary.
The City Council activated the current BID on July 1, 2013. To administer the activities of the BID, the City executed operating agreements with Downtown Inc. and the Santa Ana Business Council in an effort to address the needs of the two business associations. Each association received 50 percent of the BID assessment, approximately $100,000 per year.
On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC, now known as the Community Development Commission (CDC), is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments, including the annual budget.
City Council
30 –
1 1/17/2023
Public Hearing to adopt Ordinance to Disestablish the Downtown Santa Ana Business Improvement District
January 17, 2023
3 1
5 8
At its regular meeting on October 26, 2022, by a vote of 6:0 (with one recusal), the Commission recommended to the City Council to dissolve the BID.
Over the course of the year, downtown businesses held several town hall meetings to express their dissent for the BID. Several protest forms were submitted to the City Clerk and many merchants expressed their dissention for the BID and its operations at the Commission and City Council meetings.
On December 20, 2022, the City Council adopted a resolution of intention to disestablish the BID and set a public hearing for January 17, 2023. Upon the approval of the resolution and ordinance, the two operating agreements with the business associations will terminate.
BID levy assessments will also terminated as of January 1, 2023. All businesses in the BID have been notified and their BID assessment has been removed from their business license tax bill for 2023 and thereafter.
Any remaining revenues derived from the levy assessments shall be refunded to the owners of the method and basis that was used to calculate the assessments levied in the fiscal year in which the area is disestablished.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council
30 –
2 1/17/2023
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO DISESTABLISH THE DOWNTOWN SANTA
ANA BUSINESS IMPROVEMENT DISTRICT
W
HEREAS, on February 6, 1984, in accordance with California Streets and Highways Code Section 36500 et seq., the City of Santa Ana adopted Ordinance No. NS- 1715, by which the Downtown Santa Ana Business Improvement Area was established (“Downtown BID”) as a means of providing the Downtown business community with funding to promote and market the Downtown area; and
W
HEREAS, th e City Council appointed the Community Development Commission to serve as the BID Advisory Board to make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments; and WH
EREAS, at its regular meeting on October 26, 2022, by a majority vote, the Community Development Commission recommended that the City Coun cil dissolve the Downtown BID; and
WHEREAS, at its regular meeting on November 15, 2022, by a majority vote, the City Council approved the recommendation to dissolve the Downtown BID; and WHEREAS, Section 36550 of the California Streets and Highways Code authorizes the City Council to disestablish a business improvement area by ordinance after adopting a resolution of intention prior to conducting a public hearing on the ordinance; and WHEREAS, on December 20, 2022, the City Council adopted Resolution 2022-___ (“Resolution”) declaring its intention to disestablish the Downtown BID and setting a public hearing to consider such an ordinance for January 17, 2023, at 5:45 p.m. or as soon as possible thereafter , in the Santa Ana City Council Chambers , 22 Civic Ce nter Plaza, Santa Ana, California; and
WHEREAS, the C lerk of the Council provided notice of the above-referenced hearing in accordance with Section 36523 of the California Streets and Highways Code, by publishing the Resolution in a newspaper of general circulation in the City once, for at least seven days before the public hearing, and by mailing a complete copy of th e Resolution by first -class mail to each business owner assessed in the Downtown BID within seven days of the City Council’s adoption of the Resolution; and WHEREAS, the City Council, at the time and place set for public hearing, heard any and all persons interested in or object ing to the proposed ordinance dissolving the Downtown BID.
EXHIBIT 1
City Council
30 –
3 1/17/2023
Ordinance No. NS-XXX
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
S ection 2 . In accordance with S ection 36550 of the California Streets and Highways Code, the Downtown BID is hereby disestablished.
S ection 3. Upon the effective date of this Ordinance, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded in the manner required by S ection 36551 of the California Streets and Highways Code.
S
ection 4. The City Council finds and determines that this O rdinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment , and it is not a “ project,” as defined in Section 15378 of the CEQA Guidelines.
Se
ction 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 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.
Section 6
. This Ordinance shall become effective thirty (30) days after its adoption.
Section 7
. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
A
DOPTED this _______ day of ___________, 2023.
_________________________
Valerie Amezcua
Mayor
EXHIBIT 1
City Council
30 –
4 1/17/2023
Ordinance No. NS-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _____________, 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
EXHIBIT 1
City Council
30 –
5 1/17/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Real Property Acquisition for Warner Avenue Street Improvements
AGENDA TITLE
Public Hearing: Adopt a Resolution Authorizing the Condemnation of the Entire Real Property Located at 2245 South Halladay Street (APN 016-105-19), Owned by Kenneth A. Steele and Ana Steele, Husband and Wife as Joint Tenants, Declaring the Public Necessity and Interest Thereof (Project No. 18-6901) (Non-General Fund)
RECOMMENDED ACTION
Adopt a resolution authorizing the condemnation of the entire real property located at 2245 South Halladay Street (APN 016-105-19), owned by Kenneth A. Steele and Ana Steele, Husband and Wife as joint tenants, declaring the public necessity and interest thereof. (Requires five affirmative votes)
DISCUSSION
Warner Avenue is classified as an East-West Major Arterial in the City’s General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways.
Improving the one-mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project, constructed in several phases. Improvements include widening the street from a four-lane roadway to a six-lane arterial, to address safety issues and provide adequate vehicular capacity. Also included in the project is the installation of parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements Project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in summer 2023.
To accommodate these improvements, acquisition of the parcel at 2245 South Halladay Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with owner’s Kenneth A. Steele and Ana Steele, Husband and Wife as joint tenants. A good faith offer was made on November 15, 2022, in the amount of $530,000 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Warner Avenue Improvements project schedule and meet the funding requirement to commence construction in summer 2023, staff is requesting the adoption of a Resolution of
City Council
31 –
1 1/17/2023
Real Property Purchase Agreement: Warner Avenue Improvements, Phase 2 January 17, 2023
3 1
6 2
Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue.
ENVIRONMENTAL IMPACT
On September 1, 2015, the City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004).
FISCAL IMPACT
Funds in the amount of $530,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2022- 23 as follows:
Fiscal
Year
Accounting
Unit–Account
No.
Fund Description
Accounting Unit,
Account No.
Description
Amount
2022-23 03217663-66100 Measure M-
Street Construction
Measure M2 Competitive
Street, Land $397,500
2022-23 05917668-66100
Select Street
Construction
(City of Tustin
Contribution)
Warner Ave-Tustin
Community Facilities
District, Land
$132,500
TOTAL $530,000
EXHIBIT(S)
1. Location Map
2. Offer Letter
3. Resolution of Necessity
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
31 –
2 1/17/2023
H AL LA D A Y ST
H ALLA D A Y ST
HICK ORY ST
CEDAR ST
O A K ST
KILSO N DR
HICK ORY ST
W
A
R
N
E
R
AV
E
LEGEND:
-SUBJECT PROPERTY
TITLE:
EXHIBIT 1
PWA
SANTA ANA
PUBLIC WORKS AGENCY
NONGENERAL FUND)
PURCHASE AGREEMENTS FOR WARNER AVENUE
-ACQUIRED PROPERTIES
IMPROVEMENTS (PROJECT NO. 18-6901
N
(NTS)
W
A
R
N
E
R
AV
E
SEE TOP RIGHT
MATCHLINE
SEE BOTTOM LEFT
MATCHLINE
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O A K
ST
016
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28 2 2 4 5
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O A K
ST
016
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24 016
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102
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23 705 E.
WARNER A V
E
0 1 6-1 0 5-1 9
2 2 4 5 S. H AL LA D A Y ST
0 1 6-1 0 4-2 9
224 4 S. H AL LAD A Y ST
01 6-10 4-21
809 E. WARNER AVE
0 1 6-1 0 5-2 0
9 0 5 E. WARNER A VE
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016
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CED A
R ST
01 6
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R ST
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2 2 4 5 S. KILSO N DR
01 6-09 0-2 6
0 16-0 9 0-2 5
0 1 6-0 9 0-2 4
0 1 6-0 9 0-2 1
0 1 6-0 9 0-2 2
0 1 6-0 90-22
016-133-44
016-133-33
016-133-32
016-133-31
EL EMENTARY
MONROE
ARMORY
NATION AL G U ARD
ARMORY
NATION AL GUARD
DELHI PARK
ARMORY
NATIONAL GUARD
DELHI PARK
016
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28 22 4
5 S. HICK O
RY ST
EXHIBIT 1
City Council
31 –
3 1/17/2023
SANTA ANA CITY COUNCIL
Vicente Sarmiento
Mayor
[email protected]
Phil Bacerra
Mayor Pro Tem, Ward 4
[email protected]
Thai Viet Phan
Ward 1
[email protected]
David Penaloza
Ward 2
[email protected]
Jessie Lopez
Ward 3
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
Nelida
Mendoza
Ward 6
[email protected]
November 15, 2022
Via certified mail
Kenneth A. Steele and Ana Steele
PO Box 9598
Laguna Beach, CA 92652-7564
SUBJECT: UPDATED OFFER TO ACQUIRE PROPERTY AT:
2245 S. Halladay Street Santa Ana, CA 92707
APN: 016-105-19
Dear Kenneth A. Steele and Ana Steele:
The City of Santa Ana (“City”) is proceeding with its plans to construct the Warner Avenue Improvement Project – Phase 2 between Oak Street to Grand Avenu e. The City obtained a preliminary title report that lists Kenneth A. Steele and Ana Steele, husband and wife as joint tenants, as vested owners, Attachment 1. The City seeks to acqu ire the property located at the above-mentioned address, which cons ists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the “Property”.
No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of c onclusive evidence of title. I f more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer.
As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers a total compensation of Five Hundred Thirty Thousand Dollars $530,000.
MAY
OR
Vicente Sarmiento
MAYOR PRO TEM
Phil Bacerra
COUNCILMEMBERS
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza, M-36 ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
EXHIBIT 2
City Council
31 –
4 1/17/2023
2245 S. Halladay Street, Santa Ana, CA 92707
November 15, 2022
The basis for this offer is explained more thoroughly in the at tachments to this letter that are made a part of this offer by reference. This offer is condition al upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both.
If you are not satisfied with t he City's offer, you are encoura ged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the addition al information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider f ormal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it hold s a hearing, at which all affected Property owners have had an opportunity to appear and be heard.
The Purchase Price is the full amount established by the apprai sal as the fair market value of the Property and the just compensat ion for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3.
The California Relocation Assistance and Real Property Acquisit ion Guidelines provides that each Owner from whom the City purchases real property or an int erest therein, or each tenant owning improvements on said Pr operty, be provided with informat ion relating to the acquisition procedures, as also stated in t he CA Government Code, Paragraph 7267.2(a). This information is provided in Attachment 4.
Please also be advised that under Code of Civil Procedure Secti on 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5 ,000 for the owner to secure an independent appraisal of property subject to a potential acquis ition. Although you have the right to obtain your own appraisal and are entitled to receive up to $5,000 for your appraisal as described above, please note that the City of Santa Ana is not obligated to accept your appraiser’s value of the Property Interest. The City of Santa A na, however, will review your appraisal and if appropriate, confer with the City’s independent appraiser regarding the merits of your appraisal. If you wish to take advantage of this reimburse ment, please forward to the undersigned a copy of the paid invoice from an appraiser. In or der to qualify for this reimbursement, the appraiser se lected must be identified and mu st be a California Certified General Real Estate Appraiser in good standing. In addition, th e copy of the paid invoice must be submitted to the undersigned no later than ninety (90) days following the date of this letter.
The City reserves the right to contact the appraiser to verify that payment has been made and in what amount, prior to approving any request for reimbursement.
Please let us know prior to Dece mber 20, 2022 if the City’s off er is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval.
City Council
31 –
5 1/17/2023
2245 S. Halladay Street, Santa Ana, CA 92707
November 15, 2022
If for any reason you should see fit not to accept the City's o ffer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions o f California Evidence Code §§115 2 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action.
If you need additional information, please call the City’s acqu isition consultant, Daniela Borbe, Project Manager from Monument Inc. via email: [email protected] or phone: (562) 755-4297.
Sincerely,
Jason Gabriel, P.E.
Principal Civil Engineer
City Council
31 –
6 1/17/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE , AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SANTA ANA A T 2245 SOUTH HALLADAY STREET
(APN NO. 016-105-19) FOR THE WARNER AVENUE
IMPROVEMENTS PROJECT
BE I
T RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
S ection 1. On January 17, 2023, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to California Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters:
A. W
hether the public interest and necessity requires the project described above (“Project”);
B. W
hether the P roject is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. W
hether the property proposed to be acquired is necessary for the Project; D. W
hether the offer required by California Government Code section 7267.2 has been made;
E. W
hether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter r egarding the right to take said property by eminent domain; and
F. W
hether the City has statutory authority to acquire the property by eminent domain.
Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Final Environmental Impact Report (SCH No. 2012101004). On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment.
EXHIBIT 3
City Council
31 –
7 1/17/2023
Resolution No. 2023-XXX
Section 3. Pursuant to Title XIV, California Code of Regulations , section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the P roject will have the potential for any significant adverse effect on f ish and wildlife . The Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, the payment of Fish and Game Department filing fees is not required in conjunction with this Project.
Section 4. The City of Santa Ana hereby finds and determines each of the following:
A. The public interest and necessity require the proposed Project.
B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury.
C. The Property located at 2245 South Halladay Sreet (APN No. 016-105- 19), as described in Exhibit A, is necessary for the Project.
D. The offer required by Section 7267.2 of the California Government Code was made.
Section 5. The City hereby finds, determines and declares that the public interest, convenience, and necessity require the acquisition by the City of the p roperty described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 2 of the City’s Warner Avenue Improvements Project. The location of the Project is between Oak Street and Grand Avenue for the widening of Warner Avenue. I ncluded in the Project will be street pave- out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury.
Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41- 781; California Code of Civil Proced ure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law.
Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above.
Section 8. I f any of the p roperty described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use.
City Council
31 –
8 1/17/2023
Resolution No. 2023-XXX
Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof.
S
ection 1 0. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure.
S
ection 1 1. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney.
S
ection 1 2. This Resolution 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 Resolution.
AD
OPTED this ______ day of ______________, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
By:_______________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: __________________________________
NOT PRESENT: Councilmembers: __________________________________
City Council
31 –
9 1/17/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Orozco, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-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
City Council
31 –
10 1/17/2023
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS::
LOT 11, IN BLOCK R OF TRACT NO. 668, MCFADDEN TRACT NO.5, IN TH E
CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2 0 , PAGE 5 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF
SAID PROPERTY, BUT WITH NO RIGH T OF SURFACE ENTRY, WHERE THEY HAVE BEEN PREVIUSLY SHOWN IN VARIOUS INSTRUMENTS OF RECORD.
Assessor’s Parcel Number: 016-105-19
City Council
31 –
11 1/17/2023
City Council
31 –
12 1/17/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Vacate a Portion of Edendale Court
AGENDA TITLE
Public Hearing: Adopt a Resolution Vacating a Portion of Edendale Court behind 1222 and 1226 South Birch Street, Abandonment 22-01
RECOMMENDED ACTION
Hold a public hearing and adopt a resolution vacating a portion of Edendale Court behind 1222 and 1226 South Birch Street.
DISCUSSION
Edendale Court was dedicated to the City of Santa Ana in 1924 on Tract Map No. 648 as a 30-foot by 210-foot long street easement (Exhibit 1). This easement is currently separated into three different states of improvement conditions. The westernmost section is 120 feet long and provides vehicular access to 1221 South Ross Street and 1225 South Ross Street. It is improved with pavement, curb, gutter and sidewalk. The middle section is 45-feet long, unimproved, and fenced in with an accessible gate. The easternmost 45-foot section has been fenced in within the perimeter of the properties at 1222 South Birch Street and 1226 South Birch Street.
Based on historical aerial photos, the segment of Edendale Court has not been improved as a roadway for more than 50 years. Because of the long-term nature of the fenced in eastern section of Edendale Court and the absence of need to use the portion of the street for public access, staff is requesting the City vacate the eastern 45-foot section of Edendale Court (Exhibit 2).
On December 20, 2022, the City Council adopted a resolution declaring the City’s intent to vacate the segment of easternmost 45-foot section of Edendale Court.
According to the title report obtained by the City, an easement over all of Edendale Court is owned by the City of Santa Ana. If the eastern 45-foot section of Edendale Court is vacated, it would revert half to the owner of 1226 South Birch Street and half to the owner of 1222 South Birch Street (Exhibit 3). The remaining sections of the Edendale Court easement will continue to be public right-of-way.
City Council
32 –
1 1/17/2023
Resolution to Vacate Portion of Edendale Court
January 17, 2023
3 1
7 8
Utilities, other government agencies, and City agencies have been advised of the vacation of this Edendale Court section. To accommodate the vacation, staff has determined that the owner of 1226 South Birch Street must complete a Lot Line Adjustment involving any landlocked parcels under her ownership (Exhibit 3) in order to ensure street frontage is available to all of those parcels. This Lot Line Adjustment will need to be completed prior to the recordation of the street vacation resolution. The resolution to vacate includes a condition that the vacation will not become effective until after the Lot Line Adjustment is recorded. This will prevent the temporary creation of additional landlocked parcels.
After both the Lot Line Adjustment and street vacation resolution have been completed, the Public Works Agency staff will begin the process of requesting funding for improvements of the middle section of Edendale Court with pavement, curb, gutter, and sidewalk. This improvement will provide physical access to Assessor’s Parcel 013-151-
41. The recommended action adopts a resolution (Exhibit 4) vacating the easternmost 45- foot section of Edendale Court.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-112 will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Street Vacation Vicinity Map
2. Street Vacation Location Map
3. Street Vacation Lot Line Map
4. Resolution to Vacate
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
32 –
2 1/17/2023
City Council
32 –
3 1/17/2023
Edendale Court Exhibit.dgn 11/9/2022 7:53:19 AM
EXHIBIT 2
City Council
32 –
4 1/17/2023
City Council
32 –
5 1/17/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA VACATING A PORTION OF EDENDALE COURT
BEHIND 1222 AND 1226 SOUTH BIRCH STREET
(ABANDONMENT NO. 22-01)
WHEREAS, California Streets and Highways Code section 8320 et seq. authorizes the City of Santa Ana (“City”) to vacate all or a portion of any street or highway within its boundaries and under its jurisdiction to terminate the public’s right to use such street; and WHEREAS, following an earlier finding of conformity with the City’s General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65402(a), the City desires to vacate its interest in the easterly 45’ foot section of Edendale Court behind 1222 and 1226 South Birch Street, as shown on Exhibit A (“Vacation Area”); and
WHEREAS, in addition to the vacation of the Vacation Area, the City has determined that the owner of 1226 South Birch Street must complete a Lot Line Adjustment involving Assessor’s Parcel Numbers (APNs) 013-151-26, 38, 39 and 41; and WHEREAS, this Lot Line Adjustment will need to be completed prior to the recordation of this Resolution; and
WHEREAS, on December 20, 2022, the City Council declared its intention to vacate the Vacation Area, in accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, where notice was given that on January 17, 2023, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing would be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard; and
WHEREAS, the City Council finds that notice of said hearing was published in the manner prescribed by law and that all other legal requisites for the proposed vacation have been met; and
WHEREAS, the City Council, at the time and place set for the hearing, heard any and all persons interested in or objecting to the proposed vacation of the Vacation Area and received and considered all evidence submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The recitals set forth above are adopted as findings in support of this Resolution.
EXHIBIT 4
City Council
32 –
6 1/17/2023
Resolution No. 2023-XXX
Section 2. The City Council finds from all the evidence submitted that the Vacation Area is unnecessary for present or prospective use.
Section 3. Except for the reservation of the easement described herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code, upon the satisfaction of the following condition: Said vacation shall only become effective upon the property owner of 1226 South Birch Street successfully completing a Lot Line Adjustment involving Assessor’s Parcel Numbers (APNs) 013-151-26, 38, 39 and 41. The City Engineer shall advise the City Clerk of the Council when this condition has been satisfied and this Resolution is recorded.
Section 4. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. This vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines.
Section 5. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
Section 6. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County.
Section 7. The Vacation Area shall not be deemed vacated until this Resolution is recorded.
Section 8. This Resolution 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 Resolution.
[Signatures on the following page]
City Council
32 –
7 1/17/2023
Resolution No. 2023-XXX
ADOPTED this day of , 2022.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
Valerie Amezcua
Mayor
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Clerk of the Council, do hereby certify the attached Resolution No. 2022 - to be the original resolution adopted by the City Council of the City of Santa Ana on , 2022.
Date:
Clerk of the Council
City of Santa Ana
City Council
32 –
8 1/17/2023
Planning and Building Agency
www.santa-ana.org/pb
Item # 33
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Zoning Ordinance Amendment No. 2022-03: Updates to Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) AGENDA TITLE:
Zoning Ordinance Amendment No. 2022-03: Updates to Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Family Daycare, Regional Planned Sign Program Regulations, Massage Establishments, Medical Offices Operated in the Professional Zone, Retail Uses in Industrial Zones, Trash Bin Enclosures, Urban Lot Split and Two-Unit Developments Standards, Various Use Definitions, Regulation of Noxious Uses, Regulation of Electric Fences, Synthetic Turf, and Clarifications to Permitting Standards for Light Processing Facilities
RECOMMENDED ACTION
Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-03 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC).
EXECUTIVE SUMMARY
Staff is proposing to amend several sections of Chapter 41 of the SAMC to comply with changes in state law, respond to current local land use trends and their impacts on the built environment, clarify and revise standards, respond to current economic trends, and begin a series of Zoning Code revisions consistent with actions adopted in the General Plan Update. Staff is requesting amendments to various sections of Chapter 41 pertaining to family daycare, regional planned sign program regulations, massage establishments, medical offices operated in the professional zone, retail uses in industrial zones, trash bin enclosures, Urban Lot Split and Two-Unit Development standards, various use definitions, regulation of noxious uses, regulation of electric fences, synthetic turf, and clarifications to permitting standards for light processing facilities. The proposed amendments are described in further detail in the Discussion section of this report.
Planning Commission Action
At its regular meeting on December 12, 2022, the Planning Commission voted 4:0 (Chair Pham and Commissioner Ramos absent, and one vacant seat) to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2022-03. In addition to the Commission’s recommendations, Staff has also included additional clarifications and minor changes to the definition of “Medical Office” and CEQA exemption code section for the City Council to consider.
City Council
33 –
1 1/17/2023
ZOA No. 2022-03: Zoning Code Amendments and Updates
January 17, 2023
3 1
6 0
Urgency Ordinance
At its regular meeting on December 20, 2022, the City Council approved an urgency ordinance (ZOA No. 2022-07) amending various sections of Chapter 41 related to noxious uses; medical offices operated by government, government-subsidized, not-for- profit, or philanthropic entities; electric fences; and various use definitions. The amendments approved under the urgency ordinance are also included in this ZOA, should there be challenges related to the exigency posed by the threats to public health, safety, or welfare that were demonstrated by the urgency ordinance. In addition, staff has already begun evaluating the appropriate distances for expanding the buffer between noxious uses and sensitive receptors beyond 500 feet as directed by the City Council during the adoption of the urgency ordinance and will present a recommendation to the City Council at a future meeting.
DISCUSSION
Various sections within Chapter 41 of the SAMC have been revised periodically over the last several years to respond to changes in development and business practices, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to comply with changes to state law, establish high-quality development standards, create a user friendly environment for residents and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code.
Table 1 below and on the following pages illustrates the existing and proposed regulations.
The amendments identified are the first of several amendments that will be made to the Zoning Code leading up to the comprehensive update of the Zoning Code. The proposed changes would apply citywide.
Table 1: ZOA No. 2022-03 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed Zoning Code Regulations Family Daycare
Facilities
1. Definition for “Child Care Facility”
(Sec. 41-42.5).
2. Uses permitted in the Single-Family
Residence (R1) section (Sec. 41-
232) requires approval of a land
use certificate for a large family
daycare facility.
3. Child care facility permitted in the
Professional (P), Community
Commercial (C1), Community
Commercial—Museum District (C1-
MD), Arterial Commercial (C5),
Light Industrial (M1), and South
Main Street Commercial District (C-
SM).
1. Update definitions to conform to state
definition: Family daycare and
Daycare center, respectively.
2. Delete references to child care
facilities in various Zoning Code
sections in which residential uses are
permitted, and create a new section
(Sec. 41-192.6) allowing small and
large family daycare in residential
districts
3. Delete references to child care
facilities in various commercial and
industrial zoning district sections and
replace with new term “Daycare
center.”
Regional Planned
Sign Programs
Regional institutions such as hospitals
and institutions of higher learning do
not benefit from the sign regulation
Add definition for “regional institution,”
such as hospitals and institutions of
higher learning, to afford such uses the
City Council
33 –
2 1/17/2023
ZOA No. 2022-03: Zoning Code Amendments and Updates
January 17, 2023
3 1
6 0
flexibility afforded by the Zoning Code’s
regulations on regional planned sign
programs (Sec. 41-885).
same benefits as regional commercial
centers, automobile dealerships, and
attractions for the purposes of flexible
on-premises signage.
Massage
Establishments
The SAMC currently allows massage
establishments in commercial zoning
districts and plan areas where service
uses are permitted by right.
1. Revise the uses subject to a
conditional use permit sections of the
Community Commercial (C1),
Community Commercial—Museum
District (C1-MD), General
Commercial (C2), Planned Shopping
Center (C4), Arterial Commercial
(C5), and South Main Street
Commercial District (C-SM) to
require a conditional use permit for
massage establishments.
2. Revise massage ordinance (Sec. 41-
1752) to require conditional use for
massage establishments.
3. Revise massage ordinance
definitions (Sec. 41-1751) to create
distinct definitions for chair massage
and ancillary massage
establishment, allowing them to be
regulated separately from massage
establishments.
Medical Offices in
the Professional
Zoning District
The Professional (P) zoning district
permits medical and dental offices by
right. However, the zoning district does
not currently permit medical uses
operated by government, government-
subsidized, not-for-profit, or
philanthropic entities.
Revise the uses permitted subject to a
conditional use permit section of the
Professional (P) zoning district to require
a conditional use permit for medical
offices operated by government,
government-subsidized, not-for-profit, or
philanthropic entities.
Retail Use in
Industrial Zoning
Districts
Industrial zoning districts currently
allow retail uses occupying up to five
percent of a tenant space as an
ancillary use (Sec. 41-472.1).
Update the uses permitted section in the
Light Industrial (M1) district to allow retail
uses by right on properties that front
arterial streets (Sec. 41-472).
Change of Use
Parking Exceptions
The SAMC (Sec. 41-1309.1) permits
change of use in tenant spaces under
two thousand five hundred (2,500)
square feet without requiring additional
parking and loading spaces.
Update the Zoning Code to extend
change of use parking exception to
industrial properties along arterial streets
when converted to retail if retail
component is equal to or less than 50
percent the gross square footage of the
tenant space (Sec. 41-1309.1).
Trash Bin
Enclosures
The SAMC (Sec. 41-623) provides
trash bin enclosure standards.
However, standards have not been
updated in some time and no longer
align with changes to state law related
to waste collection.
Update the trash enclosure standards to
align with CalGreen and SB 1383
requirements and provide use and
maintenance standards (Sec. 41-623).
Urban Lot Splits and
Two-Unit
Developments (SB
9)
The City adopted its Urban Lot Split
and Two-Unit Development standards
(Sec. 41-2105 et seq.) in December of
2021 in response to California Senate
Bill 9, the California Housing
Provide clarity on the number of units
and affordability level required for each
type of project/product. Require all net
new units created through provision of
the ordinance be affordable: rental
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Opportunity and More Efficiency
(HOME) Act. The intent was to require
all new units created through the
ordinance be made affordable.
However, the adopted ordinance lacks
clarity on the total number of affordable
units required and the affordability
levels.
products shall be affordable to very low
or low income households; for-sale
products shall be affordable to moderate
income households (Sec. 41-2109 and
Sec. 41-2115).
Noxious Uses The SAMC regulates industrial and
noxious land uses through permitting
them in industrial zoning districts.
However, the SAMC does not provide
additional regulation for uses that have
a regional, state, or federal permit to
emit or store or process hazardous
waste that are in close proximity to
sensitive land uses.
1. Create new “noxious uses” section to
require approval of a conditional use
permit for industrial type uses located
within 500 feet of a sensitive land use
that requires a permit to discharge air
contaminants or process or store
regulated chemicals or substances
(Sec. 41-199.4).
2. Update the Non-Conforming section
of the Zoning Code to require a
conditional use permit for noxious
uses whenever an existing non-
conforming business changes
ownership and requires a new
certificate of occupancy. Additionally,
require businesses with these types
of permits to remain in compliance
with applicable laws or lose their non-
conforming status (Sec. 41-683 and
Sec. 41-683.6).
Counseling Services
- Definition
The SAMC does not currently define
counseling services.
Create “counseling services” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec. 41-44.6).
Medical Office -
Definition
The SAMC does not currently define
medical office.
1. Create “medical office” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec. 41-121).
2. Update the permitted uses sections
of the Professional (P), Community
Commercial (C1), Community
Commercial—Museum District (C1-
MD), Arterial Commercial (C5), and
South Main Street Commercial
District (C-SM) to consistently use
“medical office.”
Professional,
Business, and
Administrative Office
- Definition
The SAMC does not currently define
professional, business, and
administrative office.
1. Create “professional, business, and
administrative office” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec.41-127.5)
2. Update the permitted uses sections
of the Professional (P), Community
Commercial (C1), Community
Commercial—Museum District (C1-
MD), Arterial Commercial (C5), and
South Main Street Commercial
District (C-SM) to consistently use
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Family Daycare Facilities
Under the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes. In Santa Ana, a small family daycare home, which may provide care for up to eight children, is considered a residential use of property for purposes of all local ordinances. Large family daycare homes, which provide care for up to 14 children, require approval of a permit.
Senate Bill (SB) 234, effective January 1, 2020, now requires a large family daycare facility to be treated as a residential use of property for purposes of all local ordinances. SB 234 also prevents local jurisdictions from requiring any form of a permit, license, tax, fee, or other clearance to operate a large day care facility on a residential property. Family daycare facilities must be allowed on any property where a residential use is allowed, including single-family residences, duplexes and triplexes, townhomes, and multiple-family dwellings (apartments), according to Section 1596.78 of the Health and Safety Code.
The text of various zoning district regulations in the Zoning Code currently require approval of a land use certificate (LUC) application and accompanying fee to operate a large family daycare facility. In addition, SAMC Section 41-42.5 contains a definition for “Child Care Facilities.” The proposed ordinance would delete references to child care facilities in various Zoning Code sections where residential uses are permitted, and would create a new Section 41-192.6 allowing small and large family daycare as an accessory use to “professional, business, and
administrative office.”
Electric Fences The SAMC is currently silent on electric fences. The SAMC neither defines nor
regulates electric fences, which have
become more widely used as a means
to secure property from theft and/or
vandalism.
1. Create “electric fence” definition in
Division 2 (Definitions), Article I of the
Zoning Code (Sec. 41-54.5)
2. Add new section to regulate zones
and properties where electric fences
are permitted (M1 and M2, where
abutting a rail right-of-way) subject to
a minor exception (Sec. 41-610.5).
Light Processing
Facilities
The SAMC (Sec. 41-472 and Sec. 41-
472.5) requires a conditional use
permit for light processing facilities in
the Light Industrial (M-1) zoning
district. Section 41-1251 (Permits
required) in Article XIV. – Recycling
Facilities does not explicitly state that
a conditional use permit is required
for a light processing facility.
Amend Section 41-1251 to explicitly list
and require a conditional use permit for
light processing facilities, consistent
with Section 41-472 and Section 41-
472.5.
Landscaping –
Synthetic Turf
The SAMC (Sec. 41-100 and Sec. 41-
609) currently requires landscape
areas be maintained with live plant
material and other decorative
elements. The code is silent on
allowance of synthetic turf for projects
where the Water Efficiency
Landscape Standards do not apply.
Amend Section 41-100 and Section 41-
609 to permit use of synthetic turf for
projects that are not subject to the
Water Efficiency Landscape Standards,
provided they comply with landscape
guidelines and permitting requirements
established by the Director of the
Planning and Building Agency.
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residential uses. The proposed ordinance would also create new definitions for “Family Daycare Facilities” and “Daycare Centers,” and replace any reference to “Child Care Facilities” in the permitted uses sections in the commercial and industrial zoning districts with “Daycare Centers.” The changes would update the Zoning Code to be consistent with state law.
Regional Planned Sign Programs
The Zoning Code currently affords regional commercial centers, automobile dealerships, and attractions flexibility with their on-premises signage without the need for approval of a variance application. Instead, SAMC Sec. 41-885 provides for approval of a regional planned sign program (RSPG) by the Planning Commission; the RSPG contains all location, design, and installation specifications for signage within the scope of a regional commercial centers, automobile dealerships, or attractions. Examples of such regional facilities in Santa Ana with approved RSPGs include MainPlace, Discovery Cube Orange County, McFadden Place, Hutton Centre, and Tom’s Truck Center. These regional facilities are approved for a combination of wall signs, banners, monument (freestanding) signs, mimetic signs, and digital signs for on-premises advertising.
Staff is proposing to amend SAMC Section 41-885 to define and allow a “regional institution” to submit an application for an RSPG for staff review and subsequent approval by the Planning Commission. This amendment is a proactive response to the effects of the global Covid-19 pandemic, during which many hospitals and institutions of higher learning began installing community-oriented signage to recognize the contributions of educational and hospital staff during a critical time. As with any other regional facility as defined by SAMC Section 41-885, these types of facilities would seek Planning Commission approval of an RSPG before installing such signage, along with any other permanent advertising signage they may contemplate in the RSPG package.
Massage Establishments
On March 16, 2009, the City adopted Ordinance Amendment No. 2008-02 and Zoning Ordinance Amendment No. 2008-01 to amend Chapter 22 (Massage Establishments) and Chapter 41 (Zoning) of the SAMC to regulate massage establishments and massage technicians in response to concerns relating to the impacts of massage establishments and the potential establishment of new locations in the city. Past amendments to Chapter 41 included requirements for a CUP for massage establishments, an LUC for ancillary massage uses, implemented separation criteria similar to adult entertainment uses, and created operational standards specific to the massage use.
Subsequently, in September of 2009, California Senate Bill 731 (SB 731) became effective, which restricted local governments’ ability to regulate massage establishments and massage technicians. The passage of SB 731 exempted massage technicians that possessed a massage technician certificate issued by the California Massage Therapy Council (CAMTC), a nonprofit public benefit corporation, from regulations and permit requirements that were previously adopted by the City. The new law required that
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massage establishments and other professional service uses be regulated in a uniform manner, prohibiting local governments from requiring restrooms, showers, or other facilities not required of other professional services. The changes to state law preempted City regulations and made several provisions of the Code inconsistent with state law and resulted in the City being unable to enforce the massage ordinance, and establishments and technicians were able to operate within the City without obtaining a CUP, LUC, or massage establishment permit. The passage of SB 731 had unintended consequences that resulted in the proliferation of massage establishments that engaged in unlawful activity that local governments had to deal with.
On January 1, 2015, California Assembly Bill (AB) 1147 (AB 1147) became effective, amending several sections of the Business and Professions Code and of the Government Code relating to massage establishments. By adopting AB 1147, the State Legislature returned broad control over land use in regulating massage establishments to local governments, provided only reasonable and necessary fees and regulations were enacted. Subsequently, the City adopted Ordinance No. NS-2903, which made changes to Chapter 22 and Chapter 41 of the SAMC, establishing a by-right massage establishment permitting program. The program allowed the establishment and operation of massage establishments with approval of a Certificate of Occupancy issued by the Planning and Building Agency and an annual massage establishment permit issued by the Police Department, provided operating and permit requirements were met.
Despite the existing requirements and development standards in place, massage establishments have proven to present opportunities for acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to require a CUP for massage establishments, which would allow the City to more closely regulate this use and adopt conditions of approval to avoid or mitigate any impacts this use may have on the surrounding properties. The amendments distinguish ancillary massage establishments (i.e., commonly part of a spa in a hotel, athletic club, or gym), chair massage (i.e., massage business providing seated massages in an open area), from a massage establishment business. Ancillary massage establishments and chair massage businesses would not require a CUP. The proposed amendments will reduce the burdens on the City’s enforcement agencies and permit the deployment of services to other matters.
Retail Uses in Industrial Zoning Districts
The global Covid-19 pandemic has resulted in impacts to local communities and businesses alike. It has also resulted in novel business concepts and the manner and types of spaces in which they operate to change. The Chapter 41 of the SAMC currently permits retail uses in the Light Industrial (M1) zoning district and Heavy Industrial (M2) zoning districts when they are ancillary to a primary industrial use and occupy no more than five percent of the gross square footage of the tenant space. To respond to changing business practices and needs, and to allow additional flexibility to allow
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business to thrive, staff is proposing to amend Section 41-472 of the SAMC to permit retail uses in the M1 zoning district on properties that front an arterial street.
Change of Use Parking Exceptions
In September of 2017, the City approved Ordinance No. NS-2923 amending Chapter 41 of the SAMC to permit a change of use exception to allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking and loading spaces. For example, a tenant space may change from retail (five (5) parking spaces per 1,000 gross square feet) to a restaurant use (eight (8) spaces per 1,000 gross square feet) without providing additional parking. The adopted ordinance allowed more flexibility and facilitated the re-tenanting of commercial, professional, and industrial centers by removing barriers to permit the change in use.
Staff is proposing amending Section 41-1309.1 of the SAMC to extend that flexibility and facilitate the change of use in existing industrial centers that front arterial streets from industrial uses to retail when the retail component is equal to or less than 50 percent of the gross square footage of the tenant space. Changes in use that exceed the proposed threshold would be required to provide the minimum off-street parking required by Chapter 41 of the SAMC.
Trash Enclosures
In response to SB 1383, also known as the Short-lived Climate Pollutant Reduction Act of 2016, and other changes to state law related to recycling and waste collection, the City updated Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, Trash, and Weeds) of the SAMC April of 2022. Staff is proposing amending Section 41- 623 of the SAMC to update the trash bin enclosure and maintenance standards to reflect and be consistent with the new regulations in Chapter 16.
Urban Lot Splits and Two-Unit Developments (SB 9)
The City adopted its Urban Lot Split and Two-Unit Development standards (Sec. 41-2105 et seq.) December of 2021 in response to SB 9, also known as the California Housing Opportunity and More Efficiency (HOME) Act. The intent of the ordinance was to require all new units created through its provisions be deed restricted as affordable. Currently, Chapter 41 of the SAMC requires at least one unit created under the ordinance be deed restricted as affordable. The existing code does not explicitly state the required affordability level of the unit. Additionally, existing code lacks clarity on the total number of affordable units that are required when an urban lot split is proposed. Staff is proposing amending Section 41-2105 to clarify that any net new units created through the provisions of Division 2 or Division 3 of Article XX be made affordable at the following levels: rental products shall be made affordable to very low or low income households; for-sale products shall be made affordable to moderate income households. Lastly, staff is proposing to correct a typographical error related to front yard setbacks. The existing code states that at least a twenty-five (25) foot setback is required, when it should have read twenty (20), consistent with the Single Family (R1) zoning district standards.
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Noxious Uses
In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justice policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, staff will continue to analyze and propose amendments concurrent with the work taking place to comprehensively update the Zoning Code in an effort to immediately address pressing matters. To that end, staff is proposing to create a new Section 41-199.4 (Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, state, or federal agency when located within 500 feet of a public park, school, or a property used or zoned for residential purposes. Additionally, staff proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. As previously indicated, staff is reviewing the 500-foot separation from public parks, schools, or properties zoned or used for residential purposes as directed by the Council during the adoption of the urgency ordinance and will return at a future meeting with a recommendation regarding any further changes.
Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for “professional, business, and administrative office,” and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define “professional, business, and administrative office” and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity.
Chapter 41 of the SAMC currently permits “counseling services” in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a “professional, business, and administrative office” or a “medical office.” To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44.6 to define “counseling services.” Chapter 41 of the SAMC currently does not provide a definition for “medical office,” and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification
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on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41-121 to define “medical office” and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also address medical offices operated by government, government-subsidized, not-for- profit, or philanthropic entities subject to approval of a CUP.
Electrified Security Fences
The State of California approved AB 358 August of 2021. The bill authorized property owners that meet specified requirements to install and operate electrified fences on their property to protect and secure commercial or industrial property where a local agency has adopted an ordinance to permit them. To provide property and business owners another option to protect their property from theft or vandalism, staff is proposing to amend Section 41-610.5 (Walls and fences) of the SAMC to permit electric fences in the Light Industrial (M1) and Heavy Industrial (M2) zoning districts, respectively, on properties that abut a railroad right-of-way subject to the issuance of a minor exception.
Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained.
Light Processing Facilities
On July 6, 2021, the City Council adopted an Ordinance No. NS-3007 amending sections 41-472 and 41-472.5 of the SAMC to require a CUP for light processing facilities in the Light Industrial (M1) zoning district. While sections 41-472 and 41-472.5 were amended to require a CUP, Section 41-1251 (Permits required) in Article XIV. – Recycling Facilities was not updated to expressly require a CUP for light processing facilities. Staff is proposing to amend Section 41-1251 to explicitly list and require a CUP for light processing facilities, consistent with sections 41-472 and 41-472.5.
Landscaping – Synthetic Turf
In response to the extreme drought conditions throughout California, staff is proposing to amend Section 41-100 and Section 41-609 to include synthetic turf as a permissible material and to require compliance with landscape guidelines on file with the Planning and Building Agency. The proposed amendments will allow those properties and projects not subject to the Water Efficient Landscape Standards the ability to install synthetic turf as part of the required landscaping and the flexibility needed to adapt guidelines to address the evolving water crisis.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as
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there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-73 will be filed upon adoption of this ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of this ordinance.
EXHIBIT(S)
1. Ordinance for ZOA No. 2022-03
2. Copy of Public Notice
Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager
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Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 202 2-03 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO FAMILY DAYCARE, REGIONAL PLANNED
SIGN PROGRAM REGULATIONS, MASSAGE
ESTABLISHMENTS, CONDITIONALLY-PERMITTED USES
IN THE PROFESSIONAL ZONING DISTRICT, RETAIL
USES IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES,
URBAN LOT SPLIT AND TWO -UNIT DEVELOPMEN T
STANDARDS, NOXIOUS USES, DEFINITIONS FOR
VARIOUS USES, ELECTRIC FENCES, SYNTHETIC TURF,
AND PERMIT REQUIREMENTS FOR LIGHT PROCESSING
FACILITIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS 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 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development and business practices, 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 , create a user friendly environment for resident s and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code.
B. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers.
C. Zoning Ordinance Amendment No. 2022-03 amends and adds various sections of Chapter 41; including Section 41- 42.5 (Child care facilities), Section 41- 44.6 (Counseling services), Section 41-47.5 (Daycare center), Section 41-54.5 (Electric fence), Section 41- 59 (Family daycare facilities), Section 41- 100 (Landscape), Section 41 -121 (Medical o ffice), Section 41 -127.5 (Professional, business, and administrative office), Section 41-190.5 (Prohibited uses), Section 41-192.6 (Small and large family daycare accessory to residential uses), Section 41-199.4 (Noxious uses), Section 41- 232 (Uses permitted in the R1 district), Section 41- 247 (Uses
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Ordinance No. NS-XXX
permitted in the R2 district), Section 41- 313 (Uses permitted in the P district), Section 41-365 (Uses permitted in the C1 district), Section 41-365.5 (Uses subject to a conditional use permit in the C1 district), Section 41-375.1 (Uses permitted in the C1-MD district), Section 41-375.2 (Uses subject to a conditional use permit in the C1-MD district), Section 41-377.5 (Uses subject to a conditional use permit in the C2 district), Section 41- 412.5 (Uses subject to a conditional use permit in the C4 district), Section 41- 424 (Uses permitted in the C5 district), Section 41- 424.5 (Uses subject to a conditional use permit in the C5 district), Section 41-472 (Uses permitted in the M1 district), Section 41-472.1 (Ancillary uses permitted in the M1 district), Section 41 -472.5 (Uses subject to a conditional use permit in the M1 district), Section 41- 521 (Uses permitted in the C -SM district), Section 41- 522 (Uses subject to a conditional use permit in the C -SM district), Section 41- 609 (Landscape), Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones), Section 41- 623 (Trash bin enclosures), Section 41- 683 (Discontinuance of nonconforming building or use), Section 41- 683.6 (Discontinuance of n onconforming noxious use), Section 41- 885 (Regional planned sign program), Section 41- 1251 (Permits required), Section 41- 1309.1 (Change of use, exceptions), Section 41- 1751 (Definitions), Section 41- 1752 (Permitted zones and locations), Section 41- 1753 (P ermits and certificates - contents of application), Section 41-1754 (Development and operating standards), Section 41- 2109 (Requirements), Section 41- 2115 (Requirements), Table 3- 2 (Permitted uses) of the Harbor Mixed Use Transit Corridor Specific Plan, definition of “Personal services—restricted”, Table 2A (Use Standards) of Section 41- 2007 of the Transit Zoning Code, Definition of “Personal Services —restricted” and Section 41-2080 of the Transit Zoning Code, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone.
D. On December 12, 2022, the Planning Commission held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03.
E. On January 17, 2023, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03.
Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) . Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result , Environmental Review No. 2022-73 will be filed upon adoption of this ordinance.
Section 3. Section 41-42.5 (Child care facilities) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-42.5. - Child care facilities.
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Ordinance No. NS-XXX
A child care facility is a place where persons under eighteen (18) years of age are supervised, educated, or left for care on less than a 24-hour basis.
Section 4. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-44.6. - Counseling services.
A facility where personnel provide counseling services in individual or group sessions that focus specifically on mental development, recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and /or integration in the workplace and community. For a practice providing counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis, wit h or without the dispensing of medication onsite. “Counseling services” does not include “Medical office,” which is separately defined.
Section 5. Section 41 -47.5 (Daycare center ) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-47.5. - Daycare center.
“Daycare center” means a child daycare facility other than a family daycare facility, and includes infant centers, preschools, extended daycare facilities, and schoolage child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the California Health and Safety Code.
Section 6. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-54.5. - Electric fence.
"Electric Fence" and “Electrified Fence” shall mean any fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property.
Section 7. Section 41-59 (Family daycare facilities) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-59. - Reserved. Family daycare facilities.
“Family daycare facility” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away. For the purposes of this Chapter, there are Small Family Daycare facilities and Large Family Daycare facilities.
Small Family Daycare facilities provide care to no more than 8 children. Large Family Daycare facilities provide care to no more than 14 children.
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Ordinance No. NS-XXX
Section 8. Section 41-100 (Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-100. Landscape.
Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters.
Section 9. Section 41- 121 ( Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-121. - Medical office Reserved.
A medical office is a facility providing consultation, diagnosis, therapeutic, preventive, surgical, or corrective personal treatment services by doctors or dentists, and their support staff, to support the healing of humans, wherein such medical doctors and dentists are licensed. These facilities can be at health centers, individual doctor or dentist offices, and exclude practices providing counseling services specializing in substance abuse, homeless support services, and medical research laboratories.
Section 10. Section 41-127.5 (Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-127.5. - Professional, business, and administrative office.
A professional, business, or administrative office is an establishment providing direct, "over-the-counter" services or business services to consumers or clients (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property.
Section 11. Section 41- 192.6 (Small and large family daycare accessory to residential uses) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-192.6. - Small and large family daycare accessory to residential uses.
Small and large family daycare facilities as defined and regulated by Health and Safety Code Section 1597.30 through 1597.622, as modified from time to time, shall be permitted as an accessory use at any residential property, dwelling, or dwelling unit in the city where residential land uses are permitted in any zoning district, specific development zone, specific plan area, or overlay zoning district.
Section 12. Section 41- 199.4 (Noxious uses ) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-199.4. - Noxious uses.
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(a) Any use other than eating establishments listed in Section 41- 472 or 41-472.5 of this Chapter, regardless of the zoning district i t is established or proposed to be established in that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals , or substances that is located within 500 linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes requires a conditional use permit.
(b) The 500 linear foot distance shall be measured from the outermost boundary of the subject property to the closest point of any public park, school, or property used or zoned for residential purposes.
(c) The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of any requirement to obtain a permit from a regional, state, or federal agency . Notification to the City must be made prior to obtaining any permit from a regional, state, or federal agency for the business activities listed in subsection (a).
(d) A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal, state, or local regulations and conditions established by regulating and permitting agencies.
Section 13. Section 41-232 (Uses permitted in the R1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-232. - Uses permitted in the R1 district.
The following uses are permitted in the R1 district:
(a) One (1) one-family dwelling with six (6) or fewer bedrooms.
(b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop.
(c) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) year.
(d) Accessory buildings and structures, except as otherwise provided in section 41- 232.5.
(e) Child care facilities providing care to not more than fourteen (14) children, provided that if the number of children exceeds eight (8), a land use certificate must be first obtained pursuant to division 4 of article V of this chapter. Reserved.
(f) Adult day care facilities providing care to not more than six (6) adults.
Section 14. S ection 41-247 (Uses permitted in the R -2 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
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Sec. 41-247. - Uses permitted to in the R-2 district.
The following uses are permitted in the R-2 district:
(a) One-family dwellings.
(b) Two-family dwellings.
(c) Townhouses.
(d) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop.
(e) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one (1) year.
(f) Accessory structures.
(g) Child care facilities providing care to not more than fourteen (14) children, provided that if the number of children exceeds eight (8), a land use certificate must be first obtained pursuant to Division 4 of Article V of this chapter. Reserved.
(h) Adult day care facilities providing care to not more than six (6) adults.
Section 15. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-313. - Uses permitted in P district.
The following uses are permitted in the P district:
(a) Professional, business, and administrative offices where no merchandise is sold.
(b) Banks, savings and loan offices, credit unions, and mortgage and finance companies.
(c) Travel agencies.
(d) Medical and dental offices.
(e) Art galleries, art and photography studios.
(f) Museums and science centers.
(g) Print and copy services.
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(h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities.
(i) Child care facilities. Daycare centers.
(j) Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding dr ive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m.
(k) Freestanding restaurants, cafes, and eating establishments, excluding drive- through facilities and excluding any eating establishment specified in section 41- 313.5.
Section 16. Section 41-313.5 (Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC 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.
g. Non-freestanding commercial and service uses which are open at any time 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- 313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area.
h. 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. 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.
l. Clubs, fraternities and lodges.
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m. Bail bond uses, subject to development and operation standards set forth in section 41-323.
n. Churches and accessory church buildings.
o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324.
p. Medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities.
Section 17. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-365. - Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
(a) Retail and service uses.
(b) Professional, business, and administrative and business offices.
(c) Automobile parking lots and parking structures.
(d) Automobile sales, but excluding truck, trailer, tractor and boat sales.
(e) Churches and accessory church buildings.
(f) Mortuaries.
(g) Theaters.
(h) Hospitals, clinics, and sanitariums.
(i) Animal hospitals and veterinaries.
(j) Plant nurseries.
(k) Gymnasiums.
(l) Golf courses, both regulation and miniature, and driving ranges.
(m) Public utility structures, including electric distribution and transmission substations.
(n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5.
(o) Schools and studios operated for commercial or public purposes.
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(p) Childcare facilities. Daycare centers.
(q) Service stations.
(r) Automobile servicing.
(s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3.
(t) Medical offices.
Section 18. Section 41-365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-365.5. - Uses subject to a conditional use permit in the C1 district.
The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit:
a. Clubs.
b. Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365.
c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses.
d. Thrift shops, purchase and loan, pawn shops.
e. Eating establishments with drive-through window service.
f. Eating establishments open at any time between the hours of 12:00 a.m. 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.
g. Laundromats, subject to the development and performance standards set forth in section 41-199.
h. 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. Check cashing facilities, as defined by section 41-42.7.
j. Banquet facilities, subject to development and operational standards set forth in section 41-199.1.
k. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.
l. Adult day care facilities.
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m. Superstores.
n. Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3.
o. Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
Section 19. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-375.1. - Uses permitted in the C1-MD district.
The following uses are permitted in the C1-MD district:
(a) Retail and service uses, other than those specified in section 41-375.2.
(b) Professional, business, and administrative and business offices where no merchandise is sold.
(c) Medical and dental offices.
(d) Theaters and cinemas.
(e) Gymnasiums and health clubs.
(f) Travel agencies, with no embarking or disembarking of passengers.
(g) Art galleries and art and photography studios.
(h) Museums and science centers.
(i) Restaurants, cafes, and eating establishments other than those specified in section 41- 375.2, excluding eating establishments with drive- thru window service.
(j) Child care facilities. Daycare centers.
Section 20. Section 41-375.2 (Uses subject to a conditional use permit in the C1- MD district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-375.2. - Uses subject to a conditional permit in the C1-MD district.
The following uses may be permitted in the C1-MD district subject to the issuance of a conditional use permit:
(a) Clubs.
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(b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-375.1.
(c) Hotels.
(d) 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.
(e) 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.
(f) Banquet facilities, subject to development and operational standards set forth in section 41-199.1.
(g) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.
(h) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
Section 21. Section 41-377.5 (Uses subject to a conditional use permit in the C2 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-377.5. - Uses subject to a conditional use permit in the C2 district.
The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit:
(a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5.
(b) Open-air car washes.
(c) Trailer parks and camps.
(d) Thrift shops, food distribution centers, and counsel ling service establishments operated by nonprofit or government -subsidized organizations or by public agencies.
(e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
(f) Superstores.
(g) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
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Section 22. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-412.5. - Uses subject to a conditional use permit in the C4 district.
The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses.
(b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
(c) Eating establishments with drive-through window service.
(d) Eating establishments open at any time between the hours of 12:00 a.m. 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.
(e) Laundromats, subject to the development and performance standards set forth in section 41-199.
(f) 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.
(g) Check cashing facilities, as defined by section 41-42.7 of this Code.
(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) Adult day care facilities.
(k) Superstores.
(l) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
Section 23. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of the SAMC 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) Professional, business, and Aadministrative and professional offices.
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(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.Daycare centers.
(i) The printing, publishing, and circulation of a newspaper, including plant and office.
(j) 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) Gymnasiums and health clubs.
(l) Medical offices.
Section 24. Section 41-424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-424.5. - Uses subject to a conditional use permit in the C5 district.
The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses.
(b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses.
(c) Hospitals.
(d) Public utility structures, including electric distribution and transmission substations.
(e) Eating establishments with drive-through or walk-up window service.
(f) Service stations and automobile servicing.
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(g) Car wash establishments, provided they are wholly enclosed.
(h) Laundries.
(i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores.
(j) Eating establishments open at any time between the hours of 12:00 a.m. 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.
(k) Laundromats, subject to the development and performance standards set forth in section 41-199.
(l) 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.
(m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1.
(n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1.
(o) Adult day care facilities.
(p) Superstores.
(q) Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
Section 25. Section 41-472 (Uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-472. - Uses permitted in the M1 district.
The following uses are permitted in the M1 district:
(a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in section 41-489.5.
(b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5.
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(e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment.
(f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure.
(g) Machine shop or other metal working shops.
(h) Warehousing.
(i) Impound yards (storage only) with no office or dispatching operations.
(j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises.
(k) Eating establishments not specified in section 41-472.5.
(l) Research laboratories that do not generate hazardous waste materials.
(m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non-automotive related product sales.
(n) Truck, boat and heavy equipment sales, rental, and service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity.
(q) Public utility structures.
(r) Blueprinting, photoengraving, screen printing and other reproduction processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender repair, painting, and engine replacement.
(v) Home improvement warehouse store.
(w) Sales of industrial products, supplies and equipment used for final product manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building.
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(y) Recycling facilities not in excess of forty -five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including:
(1) Small collection facilities.
(2) Large collection facilities.
(z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter.
(aa) Storage and distribution of hazardous materials.
(bb) Passenger transportation services.
(cc) Retail uses located on properties that front an arterial street, as defined in the City’s circulation element.
Section 26. Section 41 -472.1 (Ancillary uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-472.1 - Ancillary uses permitted in the M1 district.
The following uses are permitted when ancillary to any use permitted by section 41- 472 or to any use permitted subject to a conditional use permit:
(1) Administrative office use occupying up to thirty (30) per cent of the gross floor area;
(2) Product sales or service uses occupying up to five (5) per cent of the gross floor area;
(3) Child care facilities Daycare centers occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area.
(4) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above- ground fixed storage tanks when properly screened pursuant to section 41- 622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons.
(5) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) per cent.
Section 27. Section 41-472.5 (Uses subject to a conditional use permit in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows:
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Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district.
The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit:
(a) Principal industrial uses if occupying less than seventy (70) per cent of the gross floor area with the remainder of the floor area allocated to office use only, except as permitted in Section 41-472 (cc).
(b) Storage of new or used buildings or houses.
(c) Child care facilitiesDaycare centers other than as permitted by section 41-472.1.
(d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops.
(e) Kennels for the temporary care and lodging of dogs and other domesticated household animals.
(f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use.
(g) Eating establishments with drive-through window service.
(h) P etroleum and gas storage.
(i) Freight, bus and truck terminal.
(j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area.
(l) Light processing facilities and heavy processing facilities.
(m) Car wash facility.
(n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1.
(o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection.
(p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is
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not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.
(q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.
(r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection.
(s) Indoor sport facility, subject to development and operational standards set forth in section 41-482.
Section 28. Section 41-521 (Uses permitted in the C -SM district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-521. - Uses permitted in the C-SM district.
The following uses are permitted in the C-SM district:
(a) Retail and service uses.
(b) Professional, business, and administrative, and business offices.
(c) Public parking lots and parking structures.
(d) Animal hospitals and veterinarians.
(e) Gymnasiums, health clubs, and martial arts studios.
(f) Public utility structures, including electric distribution and transmission substations.
(g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities.
(h) Schools and studios operated for commercial or public purposes.
(i) Child care facilities. Daycare centers.
(j) Art galleries, museums and exhibit halls.
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(k) Plant nurseries.
(l) Theaters.
(m) Furniture stores.
(n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses.
(o) Medical offices.
Section 29. Section 41-522 (Uses subject to a conditional use permit in the C - SM district) of Chapter 41 of the SAMC 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 permitt ed 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.
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l. Churches and accessory church buildings.
m. Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter.
Section 30. Section 41-609 (Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-609. - Landscape.
Where a landscape, as defined in section 41-100, is required by the provisions of this chapter, said landscape shall comply with the landscape guidelines and permitting requirements established by the Director of the Planning and Building Agency, which may be amended from time to tim e, and be continuously maintained by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants.
Section 31. Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-610.5. - Wall and fence requirements in the industrial and commercial zones.
(a) In the industrial and commercial zones, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area.
(b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare.
(c) Barbed wire is not permitted as part of a wall or fence except as follows:
(1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter.
(2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter.
(3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section.
(4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center.
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(d) Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the requirements set forth in California Civil Code Section 835 and below:
(1) Electric fences shall only be permitted on properties abutting a railroad right- of-way.
(2) Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential or public park use, or any property zoned for such a use, or schools (K -12) as defined by Section 11362.768 of the Health and Safety Code.
(3) Electric fences are only permitted in a rear or side yard which is not viewable from a public street.
(4) No electric fence shall be permitted, installed, or used unless it is completely surrounded and screened by a nonelectric wall that is at least six (6) feet in height. In no case shall the electric fence encroach into any required setback area.
(5) Electric fences may exceed the height of the surrounding nonelectric wall by up to 18 inches.
(6) Any portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled away from the property line at a 45-degree upward slope.
(7) Electric fences shall be set back from existing walls and fences in a manner so as to prevent accumulation of debris and to prevent unsafe conditions from forming in any resulting gap from the setback required by this subsection.
(8) In no case shall an electric fence exceed the maximum fence height established in subsection (a).
(9) Electric fences shall be installed to be as minimally intrusive as possible.
(10) No electric fence shall be energized during advertised business hours.
(11) Electric fences shall be identified by promin ently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria:
(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty (30) feet.
(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
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(C) The warning signs are marked with written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or commonly recognized symbol about the danger of touching the fence in wet conditions.
(12) Electric fences equipped with monitored alarm systems may require an alarm use permit.
(13) Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Orange County Fire Authority and the Santa Ana Police Department.
(14) The applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever.
Section 32. Section 41-623 (Trash bin enclosures) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-623. - Trash bin enclosures.
(a) An enclosure for the storage of discarded material containers that are serviced by the city’s solid waste collection contractor is required One (1) trash bin enclosure shall be provided for each commercial or industrial establishment and for each residential building development consisting of three (3) or more dwelling units; except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, one (1) a shared trash bin enclosure may be provided for each group of four (4) or less such establishments, provided that any such shared trash bin enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site.
(b) Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirement that enclosures have adequate space for the city’s three-collection container recycling program. Permit applicants for the project types described below must, as a condition of the city’s permit approval, comply with the following enclosure requirements and comply with the enclosure design guidelines pursuant to subsections (c) and (d).
(1) New commercial construction, or additions resulting in an increase of 30 percent or more of the floor area shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three- container collection program offered by the city pursuant to Chapter 16, Article II of this code, and shall comply with provision of adequate space for recycling
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for commercial premises pursuant to section 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended.
(2) New multifamily construction with more than three (3) units shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three-container collection program offered by the city pursuant to Chapter 16, Article II of this code, and shall comply with provision of adequate space for recycling for multifamily premises pursuant to sections 4.410.2 of the California Green Building Standards Code, 24 CCR, Part 11 as amended.
(cb)All trash and utility areas shall be screened from public streets and alleys and adjacent properties. Trash and utility areas shall be physically integrated into the project and shall include an off-street loading area of three hundred (300) square feet with no single dimension less than ten (10) feet.
(dc)The director of community development planning and building shall issue standards for the construction of trash bin enclosures required by this section, and maintain such standards on file in the department of planning. All trash bin enclosures required by this section shall be constructed and maintained in accordance with such standards.
(e) Ongoing Waste Enclosure Use and Maintenance. At a minimum, the following best management practices shall be adhered to:
(1) The enclosure shall only be used for storage of solid waste, recycling, organic waste and used fats, oils, and grease, as defined in Section 39-50 of this code.
Storage of hazardous waste or any other items inside the enclosure is strictly prohibited.
(2) All solid waste and used fats, oils, and grease, as defined in Section 39-50 of this code, shall always be contained within appropriate water -tight, covered containers including secondary containment. A supply of spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure.
(3) Locks can be used for enclosures to avoid contamination and illegal dumping.
(4) Overfilling solid waste, recycling and/or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s) to close fully. Establishments that have more than three (3) instances of overflowing containers within six (6) months may have their service level increased pursuant to Chapter 16, Article II of this code.
(5) Solid waste enclosures shall be maintained in good working condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day -to-day responsibility of the occupant or owner of the premises.
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(6) Washing out the solid waste enclosure or waste receptacles to the storm drain system, street, or gutter is prohibited. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary sewer only.
Improper methods of wash water disposal shall be subject to violations of the City’s Water Quality Ordinance.
Section 33. Section 41-683 (Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-683. - Discontinuance of nonconforming building or use.
Except as provided in section 41- 683.5 and 41 -683.6, if a no nconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter.
Section 34. Section 41-683.6 (Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41.683.6. - Discontinuance of nonconforming noxious use.
(a) If a nonconforming use of a building regulated by Section 41-199.4 requires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in every respect to the provisions of this chapter.
(b) If a nonconforming use of a building regulated by Section 41-199.4 is in violation of any applicable federal, state, or local regulation for a period of sixty (6 0) consecutive days, receives three noncompliant notices from a federal, state, or local regulatory agency in a one (1) year period, or is in violation for a total of ninety (90) days in a one (1) year period, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter.
Section 35. Section 41-885 (Regional planned sign program) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-885. - Regional planned sign program.
a) Definitions:
1. Regional commercial center - A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and/or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or
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more freeways. Said center must be located on a site of no less than fifteen (15) acres.
2. Regional automobile dealership - An automobile dealership licensed by the state that sells new or used automobiles or other motor vehicles in conjunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street.
3. Regional attraction - A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education, entertainment, and/or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres.
4. Regional institution - An institution providing higher education such as a college or university with minimum school year average enrollment of at least 1,000 students ; a healthcare institution such as a medical office building complex or hospital on a site of no less than five (5) acres ; or any other facility determined by the Executive Director of the Planning and Building Agency to provide an educational, community assembly that is not commercial in nature, or medical use to the community.
b) Eligibility for a regional planned sign program:
1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction, or a regional institution.
2. The site does not abut property zoned or used for residential uses.
c) Signage and other on- premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signage shall be limited to only advertising on-site business activities. All signage must comply with the provisions of sections 41-860 and 41- 861 of this chapter except as noted within those sections pursuant to approval of a regional planned sign program described in this section.
d) The provisions of this section shall be applied in conjunction with chapter 41, article XI, "On-Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article XI, "On-Premise Signs," the provisions of this section shall prevail.
e) Electronic message displays may be permitted in regional planned sign programs subject to the following conditions:
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1. Any electronic message displays may not be located within 300 feet of property zoned or used for residential purposes, as measured from the face of the electronic message display to the nearest property line of the residential property . The display(s) shall comply with the following requirements:
A. Be oriented in a way that:
i. Minimizes visual and light-emitting intrusion onto properties zoned or used for residential purposes; and,
ii. Maximizes visibility from adjacent or nearby freeway corridors.
B. Produce a maximum 0.3 foot-candles over ambient light levels.
C. Include a means of ensuring additional flexibility in reducing light levels upon request by the city.
D. Provide a means of limiting excessive light or glare.
E. Have automatic diming capabilities.
2. T he sign copy shall comply with the following requirements:
A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement.
B. Each sign copy shall be displayed for a minimum of eight (8) seconds.
3. No electronic message display shall be located on a ground sign within fifty (50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians, or cyclists as determined by the public works agency.
4. The property owner shall comply with Santa Ana Municipal Code section 41-638.2, establishing standards for graffiti abatement.
5. The property owner shall provide the city and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week.
6. In addition to their on- premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the city of Santa Ana. Such minimum time will be established as a condition of approval for the regional planned sign program.
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7. The sign shall comply with any and all federal, state and local laws, regulations and permitting requirements.
f) A regional planned sign program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics.
g) Applications for regional planned sign programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal.
h) Every application under this chapter for a regional planned sign program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department.
i) An application to permit a regional planned sign program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code:
1. 41-633, requiring forms, descriptions, notification of surrounding property owners, and signature(s) from recorded property owner(s), as applicable;
2. 41-635 through 41- 637, sch eduling for public hearing, providing notice of hearing, and continuances;
3. 41-642, reviewing the decision of the planning commission by the city council;
4. 41-645 and 41-646, processing appeals;
5. 41-647 and 41-647.5, utilizing such permits and violations of such permits;
6. 41-649, modifying such permits; and
7. 41-651, revoking of such permits.
j) In granting or denying a regional planned sign program, the planning commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are being maintained. Findings shall be made and conditions may be imposed to confirm that:
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1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities.
2. T he location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on city streets or freeways.
3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by:
A. Height of existing or proposed buildings on-site;
B. Q uantity of freestanding buildings, facades, and street frontages;
C. S cale of buildings as they relate to pedestrian and vehicular access, surrounding land uses, and transportation corridors;
D. Visibility from streets, highways, pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces;
E. Architecture, color(s), material(s), il lumination, and other site characteristics; and nature of business activities conducted on-site; and,
F. Visibility from any property used or zoned for residential purposes.
k) Appeals from decisions of the planning commission, extensions, time limits, and modifications to such regional planned sign programs must be conducted in a manner in accordance with chapter 41, article v, division 1 of the Santa Ana Municipal Code.
Section 36. Section 41-1251 (Permits required) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1251. - Permits required.
(a) No person shall cause or permit the placement, construction, or operation of any small collection facility which is not located on property within a commercial zoning district and designated as a convenience zone where such uses are permitted by this section and which has not been issued either a land use certificate or a conditional use permit as required by this section and has produced documentation verifying certification by the State of California Department of Conservation. Applicants must also provide written proof of possession of State of California Workman's Compensation coverage and be in possession of a current Weighmaster's License.
(b) Small collection facilities may be permitted on any property which is zoned and used for commercial and designated as a convenience zone or on property within an industrial zoning district. Light processing facilities and heavy Heavy processing
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facilities are permitted only in the M1 and M2 zoning districts with the approval of a conditional use permit.
(c) A land use certificate shall be issued for any small collection facility which complies with the applicable standards set forth in this article.
Section 37. Section 41-1309.1 (Change of use, exceptions) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1309.1.
- Change of use, exceptions.
Upon the change of use of an existing building, lot, or a portion of a building or lot, additional parking and loading spaces shall be provided for the new use as required by this chapter over and above the number of parking and loading spaces required by this chapter for the prior use only, with the following exceptions:
(1) Change of use in a historic district or registered historic property. Any change of use permitted in a historic resource shall not be required to provide additional parking to that legally required prior to the change of use.
(2) Change of use in a space under two thousand five hundred (2,500) square feet.
The occupancy of any tenant space of less than two thousand five hundred (2,500) square feet in all zones, may be interchanged among the below land uses without the need to provide additional parking beyond that currently provided on-site or in covenanted off-site spaces. The prior use must have been established with a valid business license and certificate of occupancy. Required parking shall be determined by the last occupancy that did not use this subsection in a space under two thousand five hundred (2,500) square feet in all zones. Parking will be determined by section 41-1300.
• Professional, business, and administrative offices
• Service uses
• Medical and dental offices
• Restaurants/eating establishments
• Retail and service activities
• Live/work spaces
• Banks and financial institutions
• Gymnasiums and studios operated for commercial or public purposes
(3) Change in use from industrial to retail as permitted in section 41-472 of this code shall not be required to provide additional parking spaces beyond that provided
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on-site or in covenanted off-site spaces when the retail component of the use is equal to or less than 50 percent of the gross square footage of the tenant space.
Section 38. Section 41-1751 (Definitions) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1751. Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:
(a) "California Massage Therapy Council" or "CMTC" means the state -organized, non-profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended).
(b) “Chair massage service” means where a patron receives a massage while fully clothed in a public or semipublic area. The areas massaged are the head, neck, back, arms, and feet only.
(cb) "Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part -time, full-time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment.
(dc) "Manager" means the owner or operator of the massage establishment, or any person(s) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies.
(ed) "Massage" means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice.
(fe) "Massage certificate" means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended).
(gf) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or
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combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions.
(h) Massage establishment , ancillary” means a massage establishment that is operated as an ancillary use in conjunction with an approved health club, athletic club, gym, or hotel or in conjunction with a medical office. For the purpose of this definition, an ancillary use shall mean a use that is not more than twenty-five (25) percent of the floor area of the related health or athletic activities of the primary use.
(ig) "Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever.
A massage technician may be an employee or independent contractor.
Section 39. Section 41-1752 (Permitted zones and l ocations) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1752. - Permitted zones and locations.
No massage establishment may be located within the city unless it meets the following zoning and location criteria:
(a) A chair massage service may be located in commercial zoning districts where retail and service uses are permitted.
(b) An ancillary massage establishment may only be located in zoning districts that permit health clubs, athletic clubs, gyms, hotels, or where medical services are permitted.
(c) Massage establishments may be located within the following zoning districts subject to the issuance of a conditional use permit:
(1) Massage establishments may be permitted on parcels in the C1, C1-MD, C2, C4, C5, or CSM zoning districts.
(2) Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which massage establishments retail service uses are defined and permitted.
(3) No mMassage establishments is are not permitted in any other zoning district.
Section 40. Section 41-1753 (Permits and certificates-contents of application) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1753. - Permits and certificates-contents of application.
No massage establishment may be operated or established in the city without first obtaining the following:
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(1) Approved certificate of occupancy.
(2) A city issued business license.
(3) Approved massage establishment permit issued by the chief of police, as set forth in section 22-2 of this Code.
(a) No chair massage service or ancillary massage establishment may be operated or established in the city without first obtaining the following:
(1) Approved certificate of occupancy.
(2) A city issued business license.
(3) Approved massage establishment permit issued by the chief of police, as set forth in Section 22-2 of this Code.
(b) No massage establishment may be operated or established in the city without first obtaining the following:
(1) Approved conditional use permit.
(2) Approved certificate of occupancy.
(3) A city issued business license.
(4) Approved massage establishment permit issued by the chief of police, as set forth in section 22-2 of this Code.
Section 41. Section 41-1754 (Development and operating standards) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1754. Development and operating standards.
(a) The following development and operating standards shall be applied to the operation of any chair massage, ancillary massage establishment, or massage establishment:
(1) The owner must advise the city, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a chair massage, ancillary massage establishment , or massage establishment or administer a massage in any massage establishment between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m., must nevertheless terminate at 10:00 p.m.
All customers, patrons and visitors shall be excluded from the chair massage, ancillary massage establishment or massage establishment during these hours and be advised of these hours.
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(2) All exterior signs identifying the premises as a chair massage, ancillary massage establishment, or massage establishment shall comply with the sign requirements of the city.
(3) Each operator and/or on-duty responsible employee shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishmentbusiness.
(4) The hours of operation must be posted in the front window and clearly visible from the outside.
(5) The operator and/or on-duty responsible employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on- duty responsible employee as well as all on- duty massage technicians.
(6) "No loitering" signs shall be posted at the front and rear of the business. No outside waiting or seating area is permitted in accordance with section 602 of the Penal Code.
(7) Employees shall be at least eighteen (18) years of age. There shall be a minimum of one (1) employee managing the business massage establishment during all working hours. During each employee's working hours, the employee shall wear a city issued badge identifying the business and the employee's full name.
(8) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance.
(9) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times.
(10) Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot -candle of light.
(11) No exterior pay phones shall be permitted.
(12) Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware.
(13) No person shall be employed or permitted to act as a massage technician who is not in possession of a valid, un- revoked massage certificate and a photo identification card prepared and issued by the city as required in chapter 22 of this Code.
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(14) It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage.
(15) Residing in a chair massage, ancillary massage establishment, or massage establishment is prohibit ed. No person or persons shall be allowed to live, reside or dwell inside the business massage establishment at any time. No food of any kind shall be prepared for sale or sold in the establishment.
(16) No interior doors may be locked during operating hours.
Section 42. Section 41- 2109 ( Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-2109. - Requirements.
An urban lot split must satisfy each of the following requirements:
(a) Map Act Compliance.
(1) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this division.
(2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement:
(A) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.
(B) The city has all the remedies available to it under the SMA, including, but not limited to, the following:
(i) An action to enjoin any attempt to sell, lease, or finance the property.
(ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.
(iv) Record a notice of violation.
(v) Withhold any or all future permits and approvals.
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(3) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.
(b) Zone. The lot to be split is in a zoning district that allows single-family residences.
(c) Lot Location.
(1) The lot to be split is not located on a site that is any of the following:
(A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(B) A wetland.
(C) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards.
(D) A hazardous waste site that has not been cleared for residential use.
(E) Within a delineated earthquake fault zone, unles s all development on the site complies with applicable seismic protection building code standards.
(F) Within a 100-year flood hazard area, unless the site has either:
(i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(ii) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(G) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(I) Habitat for protected species.
(J) Land under conservation easement.
(2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied.
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(d) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district.
(e) No Prior Urban Lot Split.
(1) The lot to be split was not established through a prior urban lot split.
(2) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
(f) No Impact on Protected Housing.
(1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income- restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060- 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.
(D) Housing that has been occupied by a tenant in the last three (3) years.
(2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied.
(A) The sworn statement must state the following:
(i) No housing that is income- restricted for households of moderate, low, or very low income will be demolished or altered.
(ii) No housing that is subject to any form of rent or price control will be demolished or altered.
(iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered.
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(iv) No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered.
(B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(g) Lot Size.
(1) The lot to be split must be at least two thousand four hundred (2,400) square feet.
(2) The resulting lots must each be at least one thousand two hundred (1,200) square feet.
(3) Each of the resulting lots must be between forty (40) percent and sixty (60) percent of the original lot area.
(h) Easements.
(1) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(2) Each easement must be shown on the tentative parcel map.
(3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41-2108(b).
(4) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
(i) Lot Access.
(1) Each resulting lot must adjoin a public street right -of-way that meets the established standards for is designated street classification as specified in the Mobility Element of the General Plan.
(2) Each resulting lot must have frontage on the public street right-of-way of at least twelve and one-half (12.5) feet.
(3) Vehicle access easement serving a maximum of two (2) units shall be a minimum of twelve (12) feet in width and shall have a minimum length of twenty (20) feet.
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(j) Unit Standards.
(1) Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.
(2) Unit Size.
(A) The total floor area of each primary dwelling that is developed on a resulting lot must be:
(i) Less than or equal to eight hundred (800); and
(ii) More than five hundred (500) square feet.
(B) A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(C) A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split.
(3) Height Restrictions.
(A) On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from finished grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(4) Lot Coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one- story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
(5) Open Space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent
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that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
(6) Setbacks.
(A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(B) Exceptions. Notwithstanding subsection j(6)(A) above:
(i) Existing Struct ures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(ii) Eight hundred (800) sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square fe et in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.
(C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty-five (2025) feet from the front property lines. The front setback areas must:
(i) Be kept free from all structures greater than three (3) feet high;
(ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and i rrigation plans approved by a licensed landscape architect; and
(iii) Allow for vehicular and fire-safety access to the front structure.
(7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) off -street parking space per unit unless one (1) of the following applies:
(A) The lot is located within one-half (½) mile walking distance of either:
(i) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or
(ii) A site that contains:
(ia) An existing rail or bus rapid transit station; or
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(ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute
periods.
(B) The site is located within one (1) block of a car -share vehicle location.
A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.
(8) Architecture.
(A) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is t he slope shared by the largest portion of the roof.
(B) If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this article.
(D) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than three (3) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(9) Landscaping.
(A) The project shall be designed meeting all the landscaping standards of the Santa Ana Municipal Code set forth in section 41-240.
(B) Evergreen landscape screeni ng must be planted and maintained between each dwelling and adjacent lots (but not rights -of-way) as follows:
(i) At least one 15- gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall.
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(ii) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.
(iii) All landscaping must be drought-tolerant.
(iv) All landscaping must be from the city's approved plant list.
(10) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
(11) Utilities.
(A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(B) Notwithstanding subsection j(11)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.
(C) All utilities must be underground.
(12) Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
(k) Separate Conveyance.
(1) Within a resulting lot.
(A) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(C) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
(D) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
(2) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attac hed to each other, the urban lot split boundary may
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separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.
(l) Regulation of Uses.
(1) Residential-only. No non-residential use is permitted on any l ot created by urban lot split.
(2) No short -term vacation rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.
(3) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.
(m) Notice of Construction.
(1) At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(A) Notice that construction has been authorized;
(B) The anticipated start and end dates for construction;
(C) The hours of construction;
(D) Contact information for the project manager (for construction- related complaints); and
(E) Contact information for the Building & Safety Department.
(2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.
Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(n) Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
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(1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.
(2) Expressly prohibits any non-residential use of the lots created by the urban lot split.
(3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(4) Expressly requires that any net new at least one (1) new unit created as a result of the provisions of this Division be deed restricted for affordable housing at the following levels: either very low , low or moderate income levels.
(A) Rental products shall be made affordable to very low or low income households.
(B) For-sale products shall be made affordable to moderate income households.
(5) States that:
(A) The lot is formed by an urban lot split and is therefore subject to the city's urban lot -split regulations, including all applicable limits on dwelling size and development.
(B) Development on the lot is limited to development of residential u nits under Divisions 2 and 3 of this article, except as required by State law.
Section 43. Section 41- 2115 ( Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-2115. - Requirements.
A two-unit project must satisfy each of the following requirements:
(a) Map Act Compliance. The lot must have been legally subdivided.
(b) Zone. The lot is in a single-family residential zone.
(c) Lot Location.
(1) The lot is not located on a site that is any of the following:
(A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(B) A wetland.
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(C) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards.
(D) A hazardous waste site that has not been cleared for residential use.
(E) Within a delineated earthquak e fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(F) Within a 100-year flood hazard area, unless the site has either:
(i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction; or
(ii) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(G) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(I) Habitat for protected species.
(J) Land under conservation easement.
(2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied.
(d) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district, or a structure of merit. A structure of merit is defined as meeting one or more of the following:
(1) It is associated with events that have made a significant contribution in our past.
(2) It is associated with the lives of persons significant in our past.
(3) It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or
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possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction.
(4) It yields, or may be likely to yield, information important in prehistory or history.
(5) Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood.
(e) No Impact on Protected Housing.
(1) The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income- restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060- 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.
(D) Housing that has been occupied by a tenant in the last three (3) years.
(2) As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (e)(1) above is satisfied.
(A) The sworn statement must state the following:
(i) No housing that is income- restricted for households of moderate, low, or very low income will be demolished or altered.
(ii) No housing that is subject to any form of rent or price control will be demolished or altered.
(iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered.
(iv) No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered.
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(B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(f) Unit Standards.
(1) Quantity.
(A) No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.
(B) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.
(2) Unit Size.
(A) The total floor area of each primary dwelling built that is developed under this section must be:
(i) Less than or equal to eight hundred (800); and
(ii) More than five hundred (500) square feet.
(B) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
(C) A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two- unit project.
(3) Height Restrictions.
(A) On a lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet fr om the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
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(4) Demo Cap. The two-unit project may not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years.
(5) Lot Coverage. The maximum bui lding coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one- story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
(6) Open Space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
(7) Setbacks.
(A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(B) Exceptions. Notwithstanding subsection (f)(7)(A) above:
(i) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(ii) Eight hundred (800) sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor ar ea; but in no event may any structure be less than four (4) feet from a side or rear property line.
(C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least twenty (20) feet from the front property lines. The front setback area must:
(i) Be kept free from all structures greater than three (3) feet high;
(ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and
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(iii) Allow for vehicular and fire-safety access to the front structure.
(D) Interior Side Yard and Rear Yard Setbacks. Dwelling units must provide a minimum of four-foot interior side yard and rear yard setbacks for the property line.
(E) Corner Lot Setbacks for side yards abutting a street. Dwellings that are constructed pursuant to Divisions 2 and 3 of this article must provide setbacks at least ten (10) feet from the side yard abutting the street.
(F) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(8) Parking. Each new primary dwelling unit must have at least one (1) off-street parking space per unit unless one (1) of the following applies:
(A) The lot is located within one-half (½) mile walking distance of either:
(i) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or
(ii) A site that contains:
(ia) An existing rail or bus rapid transit station; or
(ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute
periods.
(B) The site is located within one (1) block of a car -share vehicle location.
A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.
(9) Architecture.
(A) If there is a legal primary dwelling on the lot that was established before the two -unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(B) If there is no legal primary dwelling on the lot before the two-unit project, and if two (2) primary dwellings are developed on the lot, the dwellings
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must match each other in exterior materials, color , and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) New roofing and siding materials that are shiny, mirror -like, or of a glossy metallic finish are prohibited.
(D) All exterior lighting must be limited to down-lights.
(E) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(F) If any portion of a dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(G) New skylights shall have flat glass panes. "Bubble" or dome type skylights are prohibited.
(H) The roof pitch/slope and roof style (e.g. hip, gable, mansard) of the proposed unit addition shall be the same as the primary dwelling.
(I) If a garage is converted to new unit, the garage door opening shall be replaced with exterior wall coverings, or residential window and doors, to match the existing exterior garage wall covering and detailing.
(J) Additions or new construction shall comply with the following:
(i) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but the limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.
(ii) If residential development is propped on a lot where not residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.
(iii) The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc. must be equal to, or greater than, the square footage of bedrooms provided.
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(iv) Direct exterior access from a first-floor bedroom to the exterior of the dwelling unit shall be through a sliding door or double French door.
(v) Upper story unenclosed landings, decks, and balconies greater than twenty (20) square feet that face or overlook an adjoining property, shall be located a minimum of fifteen (15) feet from the interior lot lines.
(vi) Water heaters (excluding tank less water heaters) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit.
(vii) Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to
orientation or topography, may be located at the located at the minimum as allowed by the underlying zone interior setback line if an architectural screening element such as enclosing walls, trellises, awning, or perimeter planters with a five- foot minimum height is incorporated into the unenclosed landing, deck, or balcony.
(viii) Upper story windows located within fifteen (15) feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of forty -two (42) inches above finish floor.
(10) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:
(A) At least one (1) 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24- inch box size plant shall be provided for every ten (10) linear feet of exterior wall.
(B) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.
(C) All landscaping must be drought-tolerant.
(D) All landscaping must be from the city's approved plant list.
(11) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
(12) Utilities.
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(A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(B) Notwithstanding paragraph subsection (f)(12)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.
(C) All utilities must be underground.
(13) Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.
(g) Separate Conveyance.
(1) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(2) Condominium airspace divisions and common interest developments are not permitted within the lot.
(3) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(A) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the r ight to exclusive use of the property for a defined period or periods of time.
(h) Regulation of Uses.
(1) Residential-only. No non-residential use is permitted on the lot.
(2) No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than thirty (30) days.
(3) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two- unit project must occupy one (1) of the dwellings on the lot as the owners' principal residence and legal domicile.
(i) Notice of Construction.
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(1) At least thirty (30) business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(A) Notice that construction has been authorized.
(B) The anticipated start and end dates for construction.
(C) The hours of construction.
(D) Contact information for the project manager (for construction- related complaints).
(E) Contact information for the Building and Safety Department.
(2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.
Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this article. This notice requirement is purely to promote neighborhood awareness and expectation.
(j) Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:
(1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.
(2) Expressly prohibits any non-residential use of the lot.
(3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(4) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile.
(5) Expressly requires that any net newat least one (1) new unit created be deed restricted for affordable housing at the following levels: either very low, low or moderate income levels.
(A) Rental products shall be made affordable to very low or low income households.
(B) For-sale products shall be made affordable to moderate income households.
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O
rdinance No. NS-XXX
(6) Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.
S ection 44. Table 3-2 (Permitted Uses) of the Harbor Mixed Use Transit Corridor Specific Plan (Specific Plan No. 2) is hereby amended as per Exhibit A of this Ordinance to delete reference to “Child day care - more than 8 and up to 14 children” in its entirety.
Section 45. The definition of “Personal services – restricted” as appearing in the Harbor Mixed Use Transit Corridor Specific Plan (Specific Plan No. 2) “Definitions” section is hereby amended as per Exhibit A of this Ordinance to clarify the use, the section referenced in the SAMC, and applicable standards.
S ection 46. Table 2A (Use Standards) of Section 41- 2007 of the Transit Zoning Code (Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to delete reference to “Child day care - more than 8 and up to 14 children” in its entirety.
S ection 47. The defi nition of “Personal Services – r estricted” as appearing in Section 41-2080 of the Transit Zoning Code (Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to clarify the use, section referenced in the SAMC, and applicable standards.
S ection 48. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone is hereby amended as per Exhibit C of this Ordinance to replace all references to “Child care facilities” with “Daycare centers,” and to expressly permit and require a conditional use permit for massage establishments in two districts within the plan area.
Section 49. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone is hereby amended as per Exhibit C of this Ordinance to include a reference to “Massage establishments” and to permit them subject to a conditional use permit in the Village Center and Active Urban districts of the overlay.
Section 50. 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.
Section 51. This ordinance shall become effective thirty (30) days after its adoption.
Section 52. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
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Or
dinance No. NS-XXX
ADOPTED this _______ day of ___________, 2023.
______
___________________
Valerie Amezcua
Mayor
APPRO
VED AS TO FORM
Sonia R. Carvalho, City Attorney
By
: _________________________
John M. Funk
Chief Assistant City Attorney
AYES:
Councilmembers: _________________________________
NO
ES: Councilmembers: _________________________________
ABST
AIN: Councilmembers: _________________________________ NO
T PRESENT: Councilmembers: _________________________________ CE
RTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, Clerk of the Council, do hereby attest to and certify that 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
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CHAPTER 3: Land Use Plan and Development Standards
3-3
October 2014
Table 3-2. Permitted Uses
LAND USE TYPE
TRANSIT NODE
CORRIDOR NEIGH TRANSITIONAL OPEN SPACE
NORTH SOUTH
RESIDENTIAL
Joint living-working quarters P (1) P P (2) CUP N
Care homes N N CUP CUP N
Single family dwelling N N P P N
Multi-family dwellings
(in building types other than a House or Live-Work) P (1) P (1) P P N
RECREATION, EDUCATION, AND ASSEMBLY
Community assembly or religious facility P (1) P (1) P CUP N Library, museum P P P P SPR
Park or recreation facility (outdoor) P P P P P
Commercial recreation/health/fitness (indoor) CUP CUP N N P School P (1) P (1) P CUP N
Studio P (3) P P CUP N
Theater, cinema or performing arts P P P N N
RETAIL
General retail P (3) P P P (2) N
Grocery, food market P (3) P P (3) P (2) N
Eating establishment P (3) P P P (2) N
Auto or motor vehicle sales N N CUP N N
SERVICE: GENERAL
Auto or motor vehicle service N N CUP N N
Banquet facility/catering - subject to 41.199.1 of the SAMC CUP (1) CUP (1) CUP (1) N N Child day care - more than 8 and up to 14 children P (1) P P LUC N Child day care center (15 or more children) P (1) P P CUP N Hotel, excluding transient residential hotel and long-term stay P P P N N Personal services
P (3) P P P (2) N
Personal services - restricted N N CUP CUP N
SERVICE: BUSINESS/FINANCIAL/PROFESSIONAL
Bank, financial services P (3) P P N N
Clinic, urgent care N N P N N
Doctor, dentist, chiropractor office P (1) P P N N
Professional/administrative/service office P (1) P P P (2) N
TRANSIT, COMMUNICATION, INFRASTRUCTURE
Parking facility - public or commercial
(stand-alone parking structures are prohibited) (4) P P SPR N N Transit station or terminal P P P N SPR
Public utility structure, excluding wireless communication facilities N N N CUP SPR
MISCELLANEOUS/OTHER
Any structure over three (3) stories in height SPR SPR SPR SPR SPR Businesses operating between 12 am and 7 am CUP CUP CUP CUP N Alcoholic beverage sales or consumption CUP CUP CUP CUP N Adult business N N N N N
Light or heavy industrial N N N N N
(1) Use permitted only on second or upper floors, or behind retail or service ground floor use. (2) Permitted use as part of a vertical mixed use program, with upper floor residential (3) Permitted only as part of a mixed use project with a commercial or residential component (4) Parking facilities must comply with building frontage standards P Use is permitted subject to compliance with all applicable provisions of the Santa Ana Municipal Code
LUC Use is permitted subject to the approval of a Land Use Certificate CUP Use is permitted subject to the approval of a Conditional Use Permit SPR Use is permitted subject to the approval of a Site Plan Review N Use not permitted in district
Permitted Uses
Table 3-2 shall regulate land uses within the Harbor Corridor Plan area. The table provides uses by district. The uses are indicated by abbreviation: permitted (P), not permitted (N), permitted by Conditional Use Permit (CUP), permitted by Land Use Certificate (LUC), and permitted through Site Plan Review (SPR). The Transit Node District is divided into two areas basd on their proximity to the transit stops.
Transit Node | North: Permitted uses shall apply to properties in the Transit Node District adjacent to the North Transit Stop as depicted in Figure 3-1.
Transit Node | South: Permitted uses shall apply to properties in the Transit Node District adjacent to the South Transit Stops as depicted in Figure 3-1.
EXHIBIT A
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CHAPTER 7: Administration and Implementation
7-5
October 2014
» Accounting, auditing and bookkeeping services
» Advertising agencies
» Attorneys
» Business associations, chambers of commerce
» Commercial art and design services
» Construction contractors (office facilities only)
» Counseling services
» Court reporting services
» Detective agencies and similar services
» Design services including architecture, engineering, landscape architecture, urban planning
» Educational, scientific and research organizations
» Financial management and investment counseling
» Literary and talent agencies
» Management and public relations services
» Media postproduction services
» News services
» Photographers and photography studios
» Political campaign headquarters
» Psychologists
» Secretarial, stenographic, word processing, and temporary clerical employee services
» Security and commodity brokers
» Writers and artists offices
Paseo: a public place or path designed for walking; promenade.
Pedestrian-friendly: The practice of addressing the needs of people, once out of their automobiles, through a series of interdependent urban design and streetscape principles (e.g., wide sidewalks, street trees and shade, on-street parking, outdoor dining, inviting storefronts, the feeling of being in an ‘outdoor room’, short crosswalk distances, interconnected and short blocks).
Personal services: Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:
» Barber, nail salons and beauty shops
» Clothing rental
» Dry cleaning pick-up stores with limited equipment
» Home electronics and small appliance repair
» Locksmiths
» Pet grooming with no boarding
» Shoe repair shops
» Tailors
These uses may also include accessory retail sales of products related to the services provided.
Personal services - restricted: Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:
» Laundromats (self-service laundries), which shall comply with the development and performance standards set forth in Section 41-199 of the SAMC
» Massage establishments (licensed, therapeutic) as defined on Section 41-
1751.1 of the SAMC. Massage establishments shall comply with Article XVII.I of Chapter 41 of the SAMC.
» Pawnshops
Planter: The layer of the streetscape which accommodates street trees.
Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood.
Podium: A continuous raised platform supporting a building, or a large block of two or three stories beneath a multi-layer block of a smaller area.
Porch: see ‘Frontage Types’
Religious facility: see ‘Community Assembly’
Residential development: The addition of new residential units or the conversion of apartments to condominiums.
Residential unit: Any single-family home; any separate occupancy unit in a two-family or multifamily dwelling building; any live-work unit; and any other structure designed for human occupancy which contains a kitchen.
However, this excludes any other building or structure designed or intended to be occupied or used for business or commercial purposes, such as sleeping rooms in hotels and motels without kitchens or kitchen facilities.
Rowhouse: See ‘Building Types’
Setback: The area of a lot measured from a lot line to a building facade or elevation that must be maintained clear of permanent structures excepting galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, and terraces which are permitted to encroach into the setback subject to the standards established in Chapter 3 of this Specific Plan.
Shared parking (joint use or park-once policy): An accounting for parking spaces that are available to more than one function. The requirement is based on a range of parking demand found in mature, mixed-use centers. The shared parking ratio varies according to multiple functions in close proximity unlikely to require the spaces at the same time. This approach to parking uses the following types of parking in combination to achieve a balanced and distributed supply of parking: off-street (surface lots and garages), on-street (parallel and diagonal).
Shopkeeper: A unit that contains space on the ground floor for use and operation by a retail merchant or tradesman along with residential space on the upper floor(s) that can be occupied by the same shop operator or a different resident. The residential and commercial components each have separate, dedicated entrances. See also ‘Live-Work’
Shopfront: See ‘Frontage Types’
Single family dwelling: A residential building containing one or more habitable rooms with only one kitchen, designed for occupancy by one independent household unit with common access to, and common use of all living, kitchen and bathroom areas.
Stacked Dwellings: See ‘Building Types’
Stoop: See ‘Frontage Types’
Story: A habitable level within a building from finished floor to finished ceiling:
Attics and basements, as defined by the California Building Code (CBC) are not considered a story for the purposes of determining building height and are subject to the applicable requirements of this code and the CBC, except for when the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
Streetscape: The urban element that provides the major part of the public realm as well as paved lanes for vehicles. A streetscape is endowed with two attributes: capacity and context. Capacity is the number of vehicles that can move safely through a segment within a given time period. It is physically manifested by the number of lanes and their width, and by the curb radius.
Studio: A workplace of one or more individuals who are engaged in the production of art, such as fine and fiber arts, lithography, calligraphy, photography, music, dance and the performing arts. Galleries, not to exceed 50 percent of the floor area, are permitted as an ancillary use. Any regulated use, as defined on Section 41-191 of the SAMC is not allowed. Uses meeting the definition of artisan/craft product manufacturing shall be deemed an artisan/craft product manufacturing use.
Tandem parking stall: Two or more parking spaces arranged one behind the other.
Thoroughfare: A vehicular way incorporating moving lanes and parking lanes (except alleys/lanes which have no parking lanes) within a right-of-way.
Traffic calming: A set of techniques which serves to reduce the speed of traffic. Such strategies include lane-narrowing, on-street parking, chicanes, yield points, sidewalk bulge-outs, speed bumps, surface variations, mid-block deflections, and visual clues. Traffic calming is a retrofit technique unnecessary when thoroughfares are correctly designed for the appropriate speed at initial construction.
Transit-oriented development: Compact, higher intensity development that includes uses supportive to transit; i.e., residential uses that increase ridership and transit efficiency or commercial uses that serve transit users. Its structure creates nodes at an efficient spacing for mass transit. These nodes are mixed- use areas limited in extent by walking distance to the transit stop.
Transition line: A horizontal line, the full width of a facade expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.
Tuck-Under Housing: See ‘Building Types’
Zaguan: A covered pedestrian passage between courts of one to two rooms in depth and one story in height.
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TRANSIT ZONING CODE
2:3
TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT 84
City of Santa Ana, California
General retail, except with any of the following features P P P P P(2) --- • Floor area over 20,000 per tenant CUP CUP P --- CUP --- Eating establishments P P P P P(2) ---
Auto or motor vehicle service --- --- P P --- ---
RETAIL
SERVICE GENERAL
Banquet facility/catering-sub. to 41.199.1(a) through (d) CUP CUP CUP CUP(1) --- --- Child day care - more than 8 and up to 14 children P (3) P (3) P P LUC(2) LUC Child day care center P (3) P (3) P P CUP CUP
Adult day care center-subject to 41.199.2 of the SAMC P (3) P (3) P P P --- Hotel, excl. transient residential hotel and long term stay P P P P --- --- Mortuaries, funeral homes --- --- CUP P --- ---
Personal services P P P P P(2) P (2)
Personal services - restricted --- --- CUP CUP CUP ---
Tattoo/Body Art Establishments - subject to 41.1993 of
the SAMC P P P P --- ---
Sec. 41-2007. Uses Permitted.
(a) Allowable Land Use Types. A parcel or build-
ing within the Specific Development area shall
be occupied by only the land uses allowed by
the table entitled Use Standards (hereinafter
Use Standards Table) within the zone applied to
the site by the Regulating Plan.
(b) Garage sales are allowed in compliance with
Section 41-193.
(c) Temporary outdoor activities are allowed in
compliance with Section 41-195.5.
(d) Youth amusement rides are permitted in
compliance with Section 41-366 for C1 districts.
(e) Drive-through facilities shall not be permit -
ted.
Sec. 41-2008. Operational Standards.
(a) All property shall be maintained in a safe,
sanitary and attractive condition including, but
not limited to, structures, landscaping, parking
areas, walkways, and trash enclosures.
(b) All business activities shall be conducted
and located within an enclosed building, except
as allowed by Section 41-195 of the SAMC
and except that the following business activi-
ties may be conducted outside of an enclosed
building:
(1) Newsstands
(2) Flower Stands
(c) There shall be no manufacturing, processing,
compounding, assembling or treatment of any
material or product, other than that which is
clearly incidental to a particular retail and ser -
vice general enterprise, and where such goods
are sold on the premises.
(d) There shall be no work inside of a structure
that generates noise that exceeds 60 dB CNEL
measured at the exterior wall of the unit.
(e) Storage of goods and supplies shall be lim -
ited to those sold at retail on the premises or
utilized in the course of business.
(f ) Public utility structures, including electric
distribution and transmission substations shall
be screened by a solid wall at least eight (8) feet
high, except as restricted by Sections 36-45,
36-46, and 36-47.
(g) Any activity permitted shall be conducted
in such a manner as not to have a detrimental
effect on permitted adjacent uses by reason of
refuse matter, noise, light, or vibration.
(h) Small scale industry uses shall require a
solid wall or fence not less than eight (8) feet in
height along any rear or side lot line.
(i) All business activities, including, but not lim-
ited to, compounding, processing, packaging or
assembly of articles of merchandise and treat -
ment of products shall be conducted within
a completely enclosed building. No ancillary
vehicle maintenance or repair shall be allowed
on site.
(j) Loading areas shall not be visible from
streets. Loading areas not facing a street shall
be setback at least thirty-five (35) feet from the
property line.
RECREATION, EDUCATION AND ASSEMBLY
Community assembly P(1) P (1) P (1) P CUP CUP
Health/fitness facility P P P P CUP ---
Library, museum P P P P P CUP
Schools P (1) P (1) P (1) P CUP CUP
Studio P P P P CUP CUP
Theater, cinema or performing arts P P P P --- ---
Commercial Recreation (Indoor) CUP CUP CUP --- --- ---
RESIDENTIAL
Live-Work Use / Joint living-working quarters P (2) P (2) P (2) P (2) CUP CUP Care Homes CUP CUP CUP CUP CUP CUP
Single Dwelling --- --- --- --- P P
Multi-Family Dwellings P (1) P (1) P (1) P (1) P P
Uses Permitted
Land Use Type
Permit Required by Zone
TV DT UC CDR UN-2 UN-1
Table 2A - Use Standards
Refer to Key to Zone Symbols table on following page for zone description and use notations
EXHIBIT B
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2:4
TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT 84
City of Santa Ana, California
SERVICES-BUSINESS-FINANCIAL-PROFESSIONAL
Bank, financial services P P P P --- ---
Business support service P P P P P(2) P (2)
Clinic, urgent care --- --- CUP P --- ---
Doctor, dentist, chiropractor, etc, office P(1) P(1) P(1) P --- --- Extended care P P P P CUP ---
Professional / administrative/service office P(1) P(1) P(1) P P(2) P (2)
TRANSPORTATION, COMMUNICATION,
INFRASTRUCTURE
Helistops CUP CUP --- --- --- ---
Parking facility - public or commercial P P P P --- --- Transit station or terminal CUP --- --- CUP --- ---
Public utility structure, excluding wireless comunica - tion facilities --- --- --- --- CUP ---
(k) No business activity that generates noise or
vibration shall be conducted between 8:00 p.m. and
7:00 a.m. Monday through Friday and 8:00 p.m. and
10:00 a.m. Saturday and Sunday.
(l) Operational standards for automobile servicing.
(1) No automobile servicing shall be con-
ducted before 7:00 a.m. or after 8:00 p.m.
Monday through Friday and before 10:00
a.m. or after 8:00 p.m. Satruday and Sunday .
(2) All work shall be conducted inside an
enclosed structure.
(3) Outdoor or overnight vehicle storage is not
permitted.
Artisan/craft product manufacturing CUP CUP CUP --- CUP --- Furniture and fixture manufacturing, cabinet shop P (3) --- P (3) --- --- --- Laboratory - medical - analytical --- P (1) P(1) P --- --- Manufacturing - light P (3) --- P (3) --- CUP ---
Media production - office or storefront type (no sound stage) P P P(1) --- --- --- Printing and publishing --- P(1) P --- --- ---
Research and development P (3) --- P (3) --- CUP ---
SMALL SCALE INDUSTRY
MISCELLANEOUS
Any structure over four (4) stories in height SPR SPR SPR SPR SPR --- Businesses operating between 12 and 7 am CUP CUP CUP CUP CUP CUP Alcoholic beverage sales or consumption CUP CUP CUP CUP CUP --- Uses Permitted, cont'd
Key to Zone Symbols
TV Transit Village CDR Corridor
DT Downtown UN-2 Urban Neighborhood 2
UC Urban Center UN-1 Urban Neighborhood 1
P use is permitted subject to compliance with all appli - cable provisions the Santa Ana Municipal Code
LUC use is permitted subject to the approval of a Land
Use Certificate.
CUP use is permitted subject to the approval of a
Conditional Use Permit.
SPR use is permitted subject to the approval of Site Plan Review.
--- use not permitted in particular zones.
Land Use Type
Permit Required by Zone
TV DT UC CDR UN-2 UN-1
Table 2A - Use Standards
Key
(1) Use permitted only on second or
upper floors, or behind retail or ser-
vice ground floor use.
(2) Permitted only as part of a vertical
mixed use project, with upper floor
residential
(3) Permitted only as part of a mixed use
project with a commercial or residen-
tial component
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T R A N S I T Z O N I N G C O D E
7:3 T R A N S I T Z O N I N G C O D E
S P E C I F I C D E V E L O P M E N T 8 4
City of Santa Ana, California
Light Manufacturing: The manufacture or assembly of products from previously treated material where no impact is created to the adjacent uses and no hazardous materials are used in the production of such products. The maximum number of employees shall be 10. Examples of light manufacturing include:
athletic equipment
bakeries
camera, photo equipment
clothing
electronics
musical instruments
optical goods
woodworking (limited)
Lined Block: See 'Building Types'
Live/Work: See 'Building Types'
Lot Width: The frontage of a parcel which is used to identify the parcel for street address purposes.
Media production: An establishment dedicated to the production of visual and audio mass media, including television, films, videos, video games, mobile devices, internet and digital interactive media, but excludes magazines, newspapers,and periodicals.
Mixed-Use Building: A structure lawfully containing residential and non-residential uses.
Multi-Family Building: A residential structure lawfully containing two or more dwell- ing units.
Net Developable Area: The private area defined by blocks which is not to remain for public uses such as Plazas, Greens, Squares, Thoroughfares or Streetscapes.
Office: These do not include medical offices (see Clinic, Urgent Care," and "Doctor, dentist, chiropractor, etc. office.")
1. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial Services," which is separately defined.
2. Administrative. Office-type facilities characterized by high employee densi - ties, and occupied by businesses engaged in information processing, and other computer-dependent or telecommunications-based activities. Examples of these uses include:
airline, lodging chain, and rental car company reservation centers, not including retail travel agencies
computer software and hardware design and development
consumer credit reporting
data processing services
health management organization (HMO) offices where no medical services are provided
insurance claim processing
mail order and electronic commerce transaction processing telecommunications facility design and management
telemarketing
3. Professional. Office-type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property.
Examples of these uses include:
accounting, auditing and bookkeeping services
advertising agencies
attorneys
business associations, chambers of commerce
commercial art and design services
construction contractors (office facilities only)
counseling services
court reporting services
detective agencies and similar services
design services including architecture, engineering, landscape architec ture, urban planning
educational, scientific and research organizations
financial management and investment counseling
literary and talent agencies
management and public relations services
media postproduction services
news services
photographers and photography studios
political campaign headquarters
psychologists
secretarial, stenographic, word processing, and temporary clerical employee services
security and commodity brokers
writers and artists offices
Paseo: a public place or path designed for walking; promenade.
Pedestrian First: The practice of addressing the needs of people, once out of their automobiles, through a series of interdependent urban design and streetscape principles (e.g., wide sidewalks, street trees and shade, on-street parking, outdoor dining, inviting storefronts, the feeling of being in an ‘outdoor room’, short cross - walk distances, interconnected and short blocks).
Pedestrian Shed: An area defined by the average distance that may be traversed at an easy pace from its edge to its center in approximately 5 minutes. This distance is used to determine the size of a neighborhood. This dimension averages one quarter of a mile or approximately 1,400 feet for generally flat terrain.
Personal Services: Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:
barber, nail salons and beauty shops
clothing rental
dry cleaning pick-up stores with limited equipment
home electronics and small appliance repair
locksmiths
pet grooming with no boarding
shoe repair shops
tailors
These uses may also include accessory retail sales of products related to the ser - vices provided.
Personal Services - Restricted: Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dis - persed to minimize their adverse impacts. Examples of these uses include:
laundromats (self-service laundries). Laundromats shall comply with the devel- opment and performance standards set forth in Section 41-199. massage establishments (licensed, therapeutic) as defined on Section 41-1751.1 of the SAMC. Massage establishments shall comply with Article XVII.I of Chapter 41 of the SAMC.
pawnshops
Planter: The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood.
Podium: A continuous raised platform supporting a building, or a large block of two or three stories beneath a multi-layer block of a smaller area.
Porch: see ‘Frontage Types’
Private Frontage: The privately held layer between the frontage line and the prin - cipal building facade. The structures and landscaping within are held to specific standards. The variables of Private Frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches and galler - ies. These elements influence social behavior in the public realm. The Frontage layer may overlap the public streetscape in the case of awnings, Galleries and Arcades.
Research and Development: A quasi-industrial facility where creative work is undertaken on a systematic basis in order to increase the stock of knowledge gen - erally in the fields of medicine, scientific instruments, safety- critical mechanism or high technology. These facilities may include pilot plant operations as an ancillary use, which shall not exceed 25 percent of the floor area. A facility providing full scale production shall be deemed a manufacturing use.
Rowhouse: See 'Building Types'
Setback: The area of a lot measured from a lot line to a building facade or elevation that must be maintained clear of permanent structures excepting galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, and terraces which are permitted to encroach into the setback subject to the standards established in Division 3 of this Article.
Shared Parking (Park-Once Policy): An accounting for parking spaces that are avail- able to more than one function. The requirement is based on a range of parking- demand found in mature, mixed-use centers. The Shared Parking ratio varies according to multiple functions in close proximity unlikely to require the spaces at the same time. This approach to parking uses the following types of parking in combination to achieve a balanced and distributed supply of parking: off-street (surface lots and garages), on-street (parallel and diagonal).
Shopfront: see ‘Frontage Types’
Stacked Dwellings: See 'Building Types'
Stoop: see ‘Frontage Types’
Story: A habitable level within a building from finished floor to finished ceiling:
Attics and basements, as defined by the California Building Code (CBC) are not considered a story for the purposes of determining building height and are sub - ject to the applicable requirements of this code and the CBC, except for when the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story. : Definitions, cont'd
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metro east mixed-use overlay zone 10
Table 3: Permitted Land Uses The allowable uses are established by letter designations as follows:
Neighborhood Transitional District
Village Center District
Active Urban District
Office District*
P Permitted by right
N Prohibited
NA Not Applicable
CUP Conditional Use Permit required
LUC Land Use Certificate required
Special Provisions (references to other
applicable code sections or
limitations)
Residential Uses
Live/Work Units P P P N Subject to Sec. 4.1.2 of this division Multiple-Family Residential P P N
Non-Residential Uses
Art galleries and studios including, but not limited to:
photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting
P P P P
Eating establishments, (cafes, restaurants) P P P CUP for liquor sales, after hours operation Bakeries P P P
Retail and Service uses P P P
Medical and Dental offices P P P P
Professional, administrative and business offices P P P P Child care facilities Daycare centers P P P P
Gymnasiums and health clubs N P P CUP
Hotels N P P CUP
Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Schools N P P N
Temporary outdoor activities LUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P P P
Use/Operational Standards
Drive through establishments N N N N
Neighborhood
Transitional
Village Center
Active urban
Office
4.1 LAND USES
The MEMU Overlay Zone sets forth specific uses to
be allowed within each district, as shown in Table 3,
subject to a MEMU Site Plan Review approval by the
Planning Commission. Any use that is not specified as
permitted or conditionally permitted within the MEMU
Overlay Zone is prohibited unless a determination is
made by the Executive Director of Planning that the
proposed use is compatible with the overall intent and
character of the MEMU Overlay Zone as specified in
Section 41-601(c) of the Santa Ana Municipal Code
(SAMC).
Tattoo establishments Subject to Sec. 41-199.3 of the SAMCN P P N Religious Institutions
LUC LUC LUC
Subject to Sec. 4.1.3 of this divisionP
P
CUPCUPCUPCUP
P
P
Massage establishments N CUP CUP N Subject to Article XVII.I of Chapter 41 of the SAMC
EXHIBIT C
City Council
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71 1/17/2023
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.
The City of Santa Ana encourages the public to participate in t he decision-making process.
The following notice is being provided so that you can ask ques tions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.
Proposed Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-03 to update various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) related to family daycare, regional planned sign program regulations, massage establishments, medical offices operated in the professional zone, retail uses in industrial zo nes, trash bin enclosures, Urban Lot Split and Two-Unit Developments standards, various use definiti ons, regulation of noxious uses, regulation of electric fences, synthetic turf, and clarificatio ns to permitting standards for light processing facilities.
Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it w ill not result in a direct or reasonably foreseeable indirect physical change in the environm ent, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-73 will be filed upon adoption of this ordinance.
Meeting Details: This matter will be heard on Tuesday, January 17, 2023, at 5:45 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/cc/city-meetings.
Written Comments: If you do not wish to appear at the public hearing, you may al so send your written comments to the Clerk of the Council, by mail to City o f Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701 or via e-mail at [email protected] (reference “City Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails received after said time will be on file for public viewing the day after the meeting.
Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Off ice during regular business hours and posted on the City’s website the Tuesday before a Council meeti ng at: https://www.santa- ana.org/cc/city-meetings.
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Who To Contact For Questions: Should you have any questions, please contact Ricardo Soto with the Planning and Building Agency by phone at (714) 667-279 3 or by email at RSoto@santa- ana.org.
Note: If you challenge the decision on the above matter, you may be l imited to raising only those issues you or someone else raised at the public hearing describ ed in this notice, or in written correspondence delivered to the Pl anning Commission or City Cou ncil of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Kelly Arcadio-Tajonar al (714) 647-5881.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
Norma Orozco
Acting Clerk of the Council
Publish Orange County Repor ter - Legals Section;
Date: January 6, 2023
City Council
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73 1/17/2023
Community Development Agency
santa-ana.org/cd
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Recognized Obligation Payment Schedule 23-24
AGENDA TITLE:
Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024
RECOMMENDED ACTION
Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code.
DISCUSSION
In 1973, the City of Santa Ana adopted an ordinance to create a Redevelopment Agency. Throughout the years, the Redevelopment Agency completed numerous projects to eliminate blight, spur economic growth, funded construction of affordable housing projects, and provided infrastructure and community facility improvements within the defined project areas.
Pursuant to Part 1.85 of Division 24 of the California Health & Safety Code (“Dissolution Act”), on January 9, 2012 the City Council elected for the City to act as the “Successor Agency” to the dissolved Community Redevelopment Agency (“Agency”). On February 1, 2012, in accordance with the Dissolution Act and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos, Case No. S194861, the Agency was dissolved and the City began to serve as the “Successor Agency.” The City Council serves as the governing body of the Successor Agency under the Dissolution Act as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency’s affairs.
Effective July 1, 2018, the local Oversight Board to the Successor Agency was dissolved and the new Orange Countywide Oversight Board (OCOB) was established.
The OCOB now has oversight with respect to the dissolution process, including review and approval of the Recognized Obligation Payment Schedule (ROPS).
City Council
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1 1/17/2023
Recognized Obligation Payment Schedule 23-24
January 17, 2023
3 1
5 7
The ROPS includes the administrative cost allowance as required under Health and Safety Code Section 34177 (j) through (k), and is presented in the format designed by the Department of Finance (DOF).
Upon Successor Agency approval, the ROPS will be submitted to the Orange Countywide Oversight Board for approval at its January 24, 2023 meeting. Upon OCOB approval, the ROPS will be submitted to the DOF, County, and other appropriate entities as required by the Dissolution Act by the February 1, 2023 deadline. The ROPS will also posted on the Successor Agency’s website.
FISCAL IMPACT
The Successor Agency is limited to making only payments listed on the approved ROPS for each annual period. Administrative expenses are capped at three percent of the actual property tax distributed for the ROPS in the preceding fiscal year or the minimum of $250,000 per year. However, the OCOB has been requesting that successor agencies reduce and minimize the administrative allowance necessary to oversee the remaining obligations on the ROPS. Therefore, the Successor Agency estimates the administrative cost allowance for FY 2023-24 will be $125,000.
A FY 23-24 budget will be presented to City Council for approval in the Redevelopment Obligation Retirement Funds (account no. 67118021-various, 67018843-various) upon approval of the ROPS by DOF.
EXHIBIT(S)
1. Resolution
a. Recognized Obligation Payment Schedule 23-24
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council
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2 1/17/2023
Resolution No. 2023-___
SUCCESSOR AGENCY RESOLUTION NO. 2023-__
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA APPROVING THE R ECOGNIZED O BLIGATION PAYMENT
SCHEDULE 23-24 FOR THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE (“DISSOLUTION ACT”)
BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS:
Section 1. The City Council of Santa Ana, acting as Successor Agency, conclusively finds, determines and declares as follows:
A. O n January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana (“City”) elected to serve as the Successor Agency for the dissolved Community Redevelopment Agency (“Agency”) of the City of Santa Ana and selected the Housing Authority of the City of Santa Ana to act as “Successor Housing Agency.”
B. The City Council serves as the governing body of the Successor Agency under the Dissolution Act, as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency’s affairs.
C. SB 107 revised the timeline for the preparation of the required Recognized Obligation Payment Schedule (“ROPS”) from each six-month period to a one-year period beginning July 1, 2016.
D. The annual ROPS includes the administrative cost allowance as required under Health and Safety Code Section 34177 (j) through (k).
E. The annual ROPS for the July 1, 2023 through June 30, 2024 period must be approved by the Countywide Oversight Board and submitted to the County Auditor - Controller, State Controller’s Office, and to the State Department of Finance (“DOF”) no later than February 1, 2023.
Section 2. The Successor Agency approves the Recognized Obligation Payment Schedule 23-24, attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the submission to the County of Orange and Countywide Oversight Board for review and approval.
S ection 3. Pursuant to the Dissolution Act, the Successor Agency further authorizes the transmittal of the ROPS 23-24, upon subsequent Countywide Oversight Board approval, to DOF
City Council
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3 1/17/2023
Resolution No. 2023-___
with copies to the County Administrative Officer, the County Auditor -Controller, and the State Controller’s Office.
Section 4. The City Manager, or his/her designee (“City Manager”), is directed to post on the City’s website the ROPS 23-24 in the manner required by law.
Section 5. The City Manager and/or the Executive Director of Community Development, or their respective designees, as delegated officials of the City acting as Successor Agency, are authorized to make or accept any augmentation, modification, additions, or revisions to the ROPS as may be necessary and appropriate in their reasonable discretion, based on review or communications from the Countywide Oversight Board, the State Department of Finance or County of Orange.
Section 6. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Clerk of the Council shall attest to and certify the vote adopting of this Resolution.
ADOPTED this _____ day of _______________, 2023.
_____________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_____________________
Jose Montoya
Assistant City Attorney
AYES: Councilmembers: _____________________________________
NOES: Councilmembers: _____________________________________
ABSTAIN: Councilmembers: _ ____________________________________
NOT PRESENT: Councilmembers: _____________________________________
City Council
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4 1/17/2023
Resolution No. 2023-___
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, _______________________, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council acting as the Successor Agency to the former Community Redevelopment Agency on January ____, 2023.
Date:____________________ __________________________
Clerk of the Council
City of Santa Ana
City Council
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5 1/17/2023
Successor Agency: Santa Ana
County: Orange
23-24A Total
(
July -
December)
23-24B
Total
(January -
June)
ROPS 23-24
Total
A 113,236$ 113,236$ 226,472$
B - - -
C - - -
D 113,236 113,236 226,472
E 10,750,547$ 1,101,242$ 11,851,789$
F 10,688,047 1,038,742 11,726,789
G 62,500 62,500 125,000
H Current Period Enforceable Obligations (A+E): 10,863,783$ 1,214,478$ 12,078,261$ Name Title
/s/
Signature Date
RPTTF
Administrative RPTTF
Certification of Oversight Board Chairman:
Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency.
Redevelopment Property Tax Trust Fund (RPTTF) (F+G):
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Enforceable Obligations Funded as Follows (B+C+D):
Bond Proceeds
Reserve Balance
Other Funds
Current Period Requested Funding for Enforceable Obligations (ROPS Detail)
EXHIBIT A
City Council
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6 1/17/2023
A B C D E F G H I J K L M N O P Q R S T U V W
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF
Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF
Admin
RPTTF
$ 74,453,479 $ 12,078,261 $ 0 $ 0 $ 113,236 $ 10,688,047 $ 62,500 $ 10,863,783 $ 0 $ 0 $ 113,236 $ 1,038,742 $ 62,500 $ 1,214,478 28 DDA - Sycamore
Parking Concepts
OPA/DDA/Constr
uction
12/16/2002 6/30/2029 Sycamore
Parking
Concepts
Development of Sycamore
Garage (Pkg Structure)
Merged 1,065,000 N $ 180,000 90,000 $ 90,000 90,000 $ 90,000 30 Erickson Lease
Agreement - Honda
Business
Incentive
Agreements
1/19/2006 6/30/2032 Erickson
Prop. Corp.
Leasehold Rights on AutoMall
Property
Merged 1,019,119 N $ 226,472 113,236 $ 113,236 113,236 $ 113,236 33 Off Site Improvements
(Nexus)
Improvement/Infr
astructure
4/4/2005 6/30/2032 Various Construction of Publicly
Owned Improvements -
Nexus
Merged 5,000,000 N $ - $ - $ - 34 Project Costs for Item
#33
Project
Management
Costs
4/4/2005 6/30/2032 Successor
Agency /
Various
Project Management /
Services
Merged 123,250 N $ - $ - $ - 35 SA Venture
Partnership & Other
MainPlace Agreements
OPA/DDA/Constr
uction
5/15/1984 6/30/2032 Various Permit Fee Obligation for
Improvements
Merged 1,600,000 N $ - $ - $ - 36 Project Costs for Item
#35
Project
Management
Costs
5/15/1984 6/30/2032 Successor
Agency /
Various
Project Management /
Services
Merged 100,000 N $ - $ - $ - 37 DDA - Discovery
Science Center
OPA/DDA/Constr
uction
4/21/1997 6/30/2032 City of
Santa Ana
Permit Fee Obligation for
Expansion
Merged 199,000 N $ - $ - $ - 62 Audited Financial
Statements / Due
Diligence Reviews
Professional
Services
5/14/2003 6/30/2032 MGO / City
of Santa
Ana /
Various
Required Per Bond
Documents / AB 1484
Merged 45,000 N $ 5,000 5,000 $ 5,000 $ - 63 Employee Pension
Liability
Unfunded
Liabilities
2/1/2012 6/30/2032 CalPERS /
Successor
Agency
Public Employee Defined
Benefit Pension Plan
Merged 867,809 N $ - $ - $ - 64 Other Postemployment
Benefits (OPEB)
Unfunded
Liabilities
2/1/2012 6/30/2032 Successor
Agency /
Various
OPEB Liability for Successor
Agency Staff
Merged 182,872 N $ - $ - $ - 66 Successor Agency
Admin.
Admin Costs 2/1/2012 6/30/2032 Successor
Agency /
Various
Operating costs Merged 760,000 N $ 125,000 62,500 $ 62,500 62,500 $ 62,500 23-24A (July - December)
23-24A
Total
23-24B (January - June)
23-24B
Total
Fund Sources Fund Sources
Santa Ana Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Item #
Project Name/Debt
Obligation Obligation Type
Contract/
Agreement
Execution
Date
Contract/
Agreement
Termination
Date Payee Description/Project Scope
Project
Area
Total Outstanding
Debt or Obligation Retired ROPS 23-24 Total
City Council
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7 1/17/2023
A B C D E F G H I J K L M N O P Q R S T U V W
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF
Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF
Admin
RPTTF
23-24A (July - December)
23-24A
Total
23-24B (January - June)
23-24B
Total
Fund Sources Fund Sources
Item #
Project Name/Debt
Obligation Obligation Type
Contract/
Agreement
Execution
Date
Contract/
Agreement
Termination
Date Payee Description/Project Scope
Project
Area
Total Outstanding
Debt or Obligation Retired ROPS 23-24 Total
119 Employee
Layoff/Termination
Payment Obligations
Unfunded
Liabilities
2/1/2012 6/30/2032 Successor
Agency /
Employees
Section 34171 (d)(1)(C) -
Collective Bargaining
Agreements for Layoffs /
Terminations
Merged Y $ - $ - $ - 129 Housing Entity
Administrative Cost
Allowance
Housing Entity
Admin Cost
7/1/2014 7/1/2018 Successor
Housing
Agency /
various
Section 34171 (p) - Housing
Entity Administrative Cost
Allowance
Merged Y $ - $ - $ - 160 2018 Tax Allocation
Bonds Series A
Bonds Issued
After 12/31/10
11/8/2018 9/1/2031 Bank of
New York
Mellon
Debt service on bonds to
refund 2003 Bonds and 2011
Bonds
Merged 11,415,375 N $ 1,269,000 1,059,875 $ 1,059,875 209,125 $ 209,125 161 2018 Tax Allocation
Bonds Series A-
Indenture of Trust
Fees 11/8/2018 6/30/2032 Keyser
Marston
Associates
/ Urban
Futures
Continuing disclosure Merged 18,600 N $ 1,550 $ - 1,550 $ 1,550 162 2018 Tax Allocation
Bonds Series A-
Indenture of Trust
Fees 11/8/2018 6/30/2032 BLX Arbitrage rebate analysis Merged 19,500 N $ 1,500 1,500 $ 1,500 $ - 163 2018 Tax Allocation
Bonds Series A-
Indenture of Trust
Fees 11/8/2018 6/30/2032 Bank of NY
Mellon
Trustee fees Merged 16,200 N $ 1,800 1,800 $ 1,800 $ - 164 2018 Tax Allocation
Bonds Series B
Bonds Issued
After 12/31/10
11/8/2018 9/1/2028 Bank of
New York
Mellon
Debt service on bonds to
refund 2003 Bonds and 2011
Bonds
Merged 51,992,954 N $ 10,264,139 9,526,572 $ 9,526,572 737,567 $ 737,567 165 2018 Tax Allocation
Bonds Series B-
Indenture of Trust
Fees 11/8/2018 6/30/2029 Keyser
Marston
Associates
/ Urban
Futures
Continuing disclosure Merged 4,500 N $ 500 $ - 500 $ 500 166 2018 Tax Allocation
Bonds Series B-
Indenture of Trust
Fees 11/8/2018 6/30/2029 BLX Arbitrage rebate analysis Merged 13,500 N $ 1,500 1,500 $ 1,500 $ - 167 2018 Tax Allocation
Bonds Series B-
Indenture of Trust
Fees 11/8/2018 6/30/2029 Bank of NY
Mellon
Trustee fees Merged 10,800 N $ 1,800 1,800 $ 1,800 $ -
City Council
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8 1/17/2023
A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds
issued
on or
before
12/31/10
Bonds
issued
on or
after
01/01/11
Prior ROPS RPTTF
and Reserve
Balances retained
for future period(s)
Rent,
Grants,
Interest, etc.
Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual
07/01/20)
RPTTF amount should exclude "A" period
distribution amount
0 1,398 804,047 1,941,356
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
0 6 238,495 2,814,465 3 Expenditures for ROPS 20-21 Enforceable
Obligations
(Actual 06/30/21)
226,471 3,360,843
4 Retention of Available Cash Balance (Actual
06/30/21)
RPTTF amount retained should only include the
amounts distributed as reserve for future period(s) 1,404 5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-
21 PPA form submitted to the CAC
121,817
6 Ending Actual Available Cash Balance (06/30/20)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
0$ 0$ 0$ 816,071$ 1,273,161$ No entry required
Santa Ana Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds
City Council
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9 1/17/2023
Item # Notes/Comments
28 30
33 34
35 36
37 62
63 64
66 119
129
160
161
162
163
164
165
166
167
Santa Ana
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
City Council
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10 1/17/2023