Planning and Building Agency
www.santa-ana.org/planning-division/
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
AGENDA TITLE
Ordinance Amendment No. 2023-04 Amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments; Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks; and Zoning Ordinance Amendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC Addressing Wireless Communication Facilities, Billboards, Hotels, General Restrictions, and Definitions.
Published in the Orange County Reporter on January 5, 2024.
RECOMMENDED ACTION
1. Approve first reading of an ordinance amending Article II.II of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of ordinance to specific development amendments.
ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-24 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA
MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY
MEETINGS
2. Approve first reading of an ordinance amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks.
ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-05 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND
PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA
MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS
3. Approve first reading of a zoning ordinance amending Chapter 41 (Zoning) of the SAMC addressing wireless communication facilities, billboards, hotels, general restrictions, and definitions.
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
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ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2023-04 – 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 GENERAL RESTRICTIONS,
WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS,
FULL SERVICE HOTELS, AND DEFINITIONS
4. Determine that, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) 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 and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. As a result, Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of these ordinances.
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The City periodically reviews and identifies updates to the SAMC in response to public health, safety, and general welfare as well as changes to state and federal laws. Staff recently evaluated certain sections of the SAMC and identified the need for changes to Chapter 2, Chapter 14, and Chapter 41 (Zoning). On December 11, 2023, the Planning Commission voted unanimously (Commissioner Ramos absent) to recommend that the City Council approve the proposed amendments to Chapter 41. Because the proposed amendments to Chapter 2 and Chapter 14 do not implicate the Zoning Code, Planning Commission review and recommendation was not required.
On the following page, Table 1 describes the existing and proposed regulations. The proposed changes would apply citywide.
Table 1: Current and Proposed Text Regulations
Topic Existing Regulations Proposed Regulations
Sunshine Ordinance The current ordinance applies to
development projects requiring a zone
change, specific plan amendment, or
general plan amendment.
The ordinance does not include
amendments to specific development
plans, which are equivalent to
amendments to zoning districts. The
Add text to include specific development
amendments to the list of development
projects to which the ordinance applies,
making the ordinance consistent with
existing staff implementation practices.
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
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Topic Existing Regulations Proposed Regulations
proposed amendment will provide
clarification, making the Sunshine
Ordinance applicable to projects
proposing a specific development
amendment.
Safe and Sane
Fireworks Sales
Permits for the sale of safe and sane
fireworks are limited to nonprofit
organizations with their principal
meeting place within the City.
The ordinance lacks specificity and
the edit is needed to clarify that the
sale of safe and sane fireworks is
limited to those who serve the Santa
Ana community.
Incorporate text to clarify that:
1. Schools with affiliated organizations
and nonprofit organizations must be
located within city limits to obtain a
permit to sell fireworks.
2. Permits be limited to those benefitting
the Santa Ana community and have
75% of their members residing within
city limits.
Wireless
Communication
Facilities
Conditional use permits for major
wireless communication facilities expire
after ten (10) years and must be
renewed by approval of a new
conditional use permit by the Planning
Commission.
Such a process unnecessarily delays
approvals and adds costs for
applicants.
Revise the SAMC to assign the
Executive Director of Planning and
Building the authority to administratively
extend the original conditional use
permit subject to verification that the
facility continues to comply with Chapter
41 and the original conditions of
approval.
Billboards The separation between billboards is
1,000 feet. The separation between
billboards is one-thousand (1,000)
feet.
The zoning code does not clarify
whether the distance applies to
billboards on the opposite or same side
of the freeway.
Revise the SAMC to specify that the
minimum separation requirement
applies to billboards located on the
same side of the freeway
Hotels/Motels The SAMC, Specific Plans, and
Specific Developments currently permit
hotels/motels with approval of a
conditional use permit in specified
locations. However, there are no
codified standards for hotels.
Furthermore, some locations are well
suited for full service hotels, which
should be permitted by right.
These regulations create uncertainty
for developers, a challenging process
1. Establish standards for
hotels/motels,
2. Add a definition for “full service
hotel,”
3. Permit full service hotels in specified
zones wherein commercial, mixed-
use, or professional office uses are
principally permitted, and
Establish standards for full service
hotels.
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
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Topic Existing Regulations Proposed Regulations
for staff, and constrain opportunities for
economic development.
General Restrictions The SAMC currently states that any building or land use shall not be used
for any purpose other than that which is
permitted in the district.
This regulation leaves ambiguity and
the additional sentence is intended to
clarify that uses not expressly
permitted are prohibited.
Add text to clarify that all uses defined in
the zoning code are prohibited unless
they are expressly permitted.
Definitions Currently, the definitions section
includes duplicative definitions.
Remove duplicative definitions.
The proposed updates are discussed in more detail below.
Chapter 2 - Sunshine Ordinance
Public input is a valuable part of the discretionary approval process and the City encourages public input through the City’s Sunshine Ordinance. Currently, the Sunshine Ordinance applies to certain development projects requiring a zone change, specific plan amendment, or general plan amendment. Specific development regulations apply use and development standards for properties within the specific development plan boundaries, functioning as the zoning district in cases where there is not another applicable zoning district for the property. Amendments to specific development plans are equivalent to amendments to zoning districts. Therefore, the proposed amendment will provide clarification and codify current practices by staff that require Sunshine Ordinance applicability to projects proposing a specific development amendment.
Chapter 14 – Permits for Safe and Sane Fireworks
The current fireworks ordinance limits permits for the sale of safe and sane fireworks to be issued to nonprofit organizations with their principal meeting place within the City. The proposed amendments would require schools with affiliated organizations and nonprofit organizations to be located within city limits. In addition, the amendments would require that nonprofit organizations be limited to those primarily benefitting the Santa Ana community and have 75% of the members residing within city limits. The purpose of the amendment is to provide firework permits only to those organizations that serve the Santa Ana community and limit the permits to those organizations that have a principal meeting place within the City.
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
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Chapter 41 – Wireless Communication Facilities, Billboards, Hotels, and Clean Up Items In an effort to clarify language, improve procedures, establish high-quality development standards, and create a user-friendly environment for residents and the business community, the Planning Division is proposing revisions to various sections of the Zoning Code.
Wireless Communication Facilities
Pursuant to sections 41-198.3(b) and 41-198.13 of the SAMC, major wireless communications facilities require approval of a conditional use permit (CUP) and are required to be renewed every 10 years. In reviewing and processing CUP renewals for wireless communications facilities, the City must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include additional stealthing if such screening or stealthing was not required at the time of original construction and/or seismic retrofits.
At present, CUP renewals for wireless communication facilities must first submit an application for review by the City’s Development Review Committee before an application for CUP renewal can be filed, as is the case with all discretionary actions.
Once filed, the CUP renewal application request is considered for approval by the City’s Planning Commission. Considering the Middle Class Tax Relief Act limits local governments’ ability to impose additional conditions of approval on renewals and that facilities’ location, height, design, and stealthing were all reviewed under the initial entitlements, the multi-level review and application process that is appropriate for a new facility is onerous for a renewal and not responsive to the current regulatory framework.
Recognizing the onerous nature of the renewal process, the Planning Commission expressed a desire to delegate decision-making authority to the Executive Director of Planning and Building.
Amending Section 41-198.13 of the SAMC will establish an administrative review process by which the Executive Director of Planning and Building may extend approvals of CUPs for major wireless facilities, provided the site and facility remain in compliance with conditions of approval of the original entitlement. The proposed administrative renewal, if approved, would be valid for ten (10) years, and could be extended for additional ten (10) year periods thereafter upon verification that the site and facility continue to comply with the conditions of approval and the Zoning Code.
Billboards
Table 41-1131 currently requires a minimum separation between billboards, but it does not address whether the separation requirement applies to billboards on the opposite or same side of the freeway. The proposed amendment to Table 41-1131 will specify that the minimum separation between billboards is applicable to billboards on the same side of the freeway.
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
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Hotels/Motels
The zoning code currently defines hotels/motels. However, it does not establish applicable development, design, or operational standards. Staff proposes to establish standards that will apply to all hotels/motels. Examples include, but are not limited to, landscaping, drop-off zones, minimum use of building materials other than stucco, pedestrian protections and improvements, noise attenuation, crime prevention, and management.
In an effort to promote development of highly amenitized, full service hotels, staff proposes creating a new use and definition for “full service hotels” and permitting these types of hotels by right in zoning districts where other uses with similar impacts are already permitted by right when they:
•Complement and enhance community character,
•Are designed and operated in a manner that protects public health, safety, and general welfare,
•Meet local design standards, and
•Contribute to the local economy.
Additionally, the definition will require that these types of hotels provide at least one full service restaurant of not less than 2,500 square feet and four additional amenities including a fitness center, an assembly area, a swimming pool, and regular shuttle service to regional destinations.
Full service hotels will be subject to the standards applicable to “hotels/motels” in addition to newly established standards specific to “full service hotels” that include architectural and design elements, minimum housekeeping schedules, and lobby requirements. Together, the amenities required by the definition and applicable design, development, and operational standards are intended to promote economic activity by streamlining permitting and development of these highly amenitized, full service hotels in activity nodes of the City while mitigating any potential impacts to surrounding uses.
Table 2 below illustrates which zoning districts currently permit hotels by right and subject to a CUP. The table also illustrates in which zoning districts the proposed ordinance would permit full-service hotels by right and hotels/motels subject to a CUP.
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
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Table 2: ZOA No. 2023-04 – Current and Proposed Hotels/Motels and Full-Service Hotels Uses Permitted
Zoning Districts Hotel/Motel Full-Service
Hotel
Current Proposed Proposed
Professional (P) - CUP P
Community Commercial (C1) CUP No Change P
Community Commercial-Museum
District (C1-MD)
CUP No Change P
Arterial Commercial (C5) CUP No Change P
Commercial Residential (CR) CUP No Change P
South Main Street Commercial District
(C-SM)
CUP No Change P
Village
Center
P - P
Active
Urban
P - P
Metro East Mixed Use
Overlay Zone (MEMU)
Office CUP - P
Transit
Node
P No Change -Harbor Corridor Mixed
Use Transit Corridor
Specific Plan (SP2) Corridor P No Change -
MainPlace Specific Plan (SP4) P No Change -
Specific Development No. 43 (The
MacArthur Place District Center)
P No Change -
Transit
Village
P No Change -
Downtown P No Change -
Urban
Center
P No Change -
Specific Development
No. 84 (Transit Zoning
Code)
Corridor P No Change -
Zone II P - PSpecific Development
No. 8 Zone III - - P
CUP: Permitted Subject to Approval of a Conditional Use Permit P: Permitted by-right
- : Not permitted
General Restrictions
The City employs a permissive zoning ordinance. A permissive zoning ordinance lists all the uses that are permitted within a given district and everything that is not specifically listed is prohibited. SAMC Section 41-190 (General Restrictions) establishes that “no building shall be erected, reconstructed, or structurally altered except in conformance to the provisions contained herein; nor shall any building or be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located.” Staff proposes adding a sentence to clarify that all uses defined in Division 2 of Article 1 of the SAMC not expressly permitted are prohibited.
Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
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Definitions
In reviewing Chapter 41 of the SAMC, two sets of duplicative definitions were identified.
One pertained to long-term stay business hotels and the other pertained to transient/residential hotels. Staff proposes to remove the duplicative definitions.
GENERAL PLAN CONSISTENCY
The proposed modification to Chapter 2 of the SAMC is consistent with the City’s General Plan. Provisions for public input on specific development amendments will enable community members to participate in the decision-making process, consistent with Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to facilitate community engagement.
The proposed modification to Chapter 14 of the SAMC is consistent with the City’s General Plan. By limiting issuance of permits for safe and sane fireworks, the City may minimize risk, consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to preserve a safe and secure environment. The modification is also consistent with General Plan Community (CM) Element Goal CM-3, Policy CM-3.5 (Community Spaces), which is intended to encourage positive community interactions and neighborhood pride and promote safe public spaces.
The proposed modifications to Chapter 41 (Zoning) are consistent with the City's General Plan. The streamlining of the approval process for extending wireless communication facilities will reduce costs and expedite development, consistent with promotion of business friendly practices included in General Plan Economic Prosperity (EP) Element Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process). The clarification of incompatible uses in the General Restrictions section promotes land use compatibility, consistent with General Plan Land Use (LU) Element Goal LU-1 (Grow Responsibly), Policy LU-1.1 (Compatible Uses). The revised billboard standards will minimize detrimental visual impacts in accordance with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment). The introduction of hotel standards and the facilitation of full-service hotel development align with objectives in Land Use Element Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending) and Policy LU-
2.4 (Cost and Benefit of Development). The policies encourage a range of commercial uses to capture local spending, balance development benefits, promote the city's image, and encourage streamlined development processes, respectively.
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 15060(c)(2) and 15060(c)(3) 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 and it is not a Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update
January 16, 2024
3 9
4 2
"project," as defined in Section 15378 of the CEQA Guidelines. As a result Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of this ordinance.
FISCAL IMPACT
There is a direct fiscal impact associated with this action. Establishing a new permit type for extension of wireless communication facility CUPs will result in additional costs to the City from administration of the ordinance. Consequently, and consistent with past practices for similar amendments, staff will bring forward a resolution establishing a new Miscellaneous Fee to recover costs at a future meeting following adoption of the subject ordinance amendments.
EXHIBITS
1. Ordinance for OA No. 2023-04 (Sunshine Ordinance)
2. Ordinance for OA No. 2023-05 (Fire Protection and Prevention and Emergency Services)
3. Ordinance for ZOA No. 2023-04 (Zoning)
4. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager