HomeMy WebLinkAbout11A - ORDINANCE AMENDING CHAPTER 41 OF MUNI- CODEStrikethrough Version
LS 4.7.20
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING VARIOUS SECTIONS OF
CHAPTER 41 (ZONING) OF THE SANTA ANA
MUNICIPAL CODE INCLUDING SECTIONS: 41-196
(ESTABLISHMENTS SELLING ALCOHOLIC
BEVERAGES), 41-313.5 (PARKING LOTS AND
PARKING STRUCTURES), 41-324 (PARKING LOTS
AND PARKING STRUCTURES), 41-766
(INTERPRETATION OF CHAPTER REGULATIONS),
AND 41-1341 (DRIVE -THROUGH STANDARDS) OF
THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Various sections of 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, to adopt new permitting procedures, and to
comply with changes to State and Federal laws. In a continuing effort to
establish high -quality development standards and to create a user-friendly
environment for residents and the business community within the City, the
Planning Division is proposing revisions to various sections of Chapter 41 of
the SAMC.
B. After a thorough analysis of the current code requirements in the City, staff
identified several sections of the code for amendments necessary to ensure
clear, uniform, and legally consistent regulations. The proposed amendments
will enable the City to implement a regulatory framework that protects the
health, safety and welfare of the City and limits undue strain on homeowners,
business operators and developers.
C. On February 24, 2020, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2020-01.
D. The City Council, on April 7, 2020, held a duly noticed public hearing on this
ordinance and has considered all testimony presented thereto.
E. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of Section 418 of the
Ordinance No. NS-XXXX
Page 1 of 13
11 A-1
Charter of the City of Santa Ana. Any such restatement of existing provisions
of the Code is not intended, nor shall it be interpreted, as constituting a new
action of decision of the City Council, but rather such provisions are repeated
for tracking purposes only in conformance with the Charter.
Section 2. The proposed ordinance has been reviewed with respect to
applicability of the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon
adoption of this ordinance.
Section 3. Section 41-196 (Establishments Selling Alcoholic Beverages) of
Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-196. — Establishments Selling Alcoholic Beverages.
(a) Conditional use permit required. Except as provided in subsection (b), no
establishment may sell alcoholic beverages for either on -site or off -site
consumption unless a conditional use permit has been approved for such
establishment pursuant to Article V of this Chapter. Prior to the public
hearing for the approval of said conditional use permit, the establishment
must be in compliance with all provisions of Chapter 41.
(b) Land use certificates for incidental alcohol sales. A land use certificate
may be issued pursuant to the requirements of Section 41-675 for an
establishment which serves alcoholic beverages for either on -site or off -
site consumption only if the establishment falls within one (1) of the
following categories:
(1) Club or lodge establishments where admittance is limited to
members and guests invited by members and where the sale of
alcoholic beverages is clearly incidental to other activities
conducted on the premises.
(2) Florists shops offering the sale of a bottle of an alcoholic beverage
together with a floral arrangement.
(c) Alcohol storage and display area for off -sale establishments. No off -sale
establishment under ten thousand (10,000) square feet shall have a
combined alcohol storage and display area that exceeds five (5) per cent
of the gross floor area of the store area.
(d) Separation requirement for off -sale establishments under ten thousand
(10,000) square feet. No off -sale establishment may be granted a
conditional use permit for the sale of alcoholic beverages if any of the
following conditions apply:
Ordinance No. NS-XXXX
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11 A-2
(1) The proposed establishment is within one thousand (1,000) linear
feet of an existing off -sale alcohol license as measured from the
primary entrance of one (1) establishment to the primary entrance
of the other establishment.
(2) The proposed establishment is within one thousand (1,000) linear
feet of any property used as a school primarily attended by minors,
for a skurrh religious institution or for park purposes as measured
from the door of one (1) establishment to the door of the other
use(s).
(3) The proposed establishment is determined to be over concentrated
by the State Department of Alcohol Beverage Control as defined in
Business and Professions Code Section 23958.4.
(e) Finding of public convenience or necessity for off -sale establishments
under ten thousand (10,000) square feet located within an area of undue
concentration. If the proposed off -sale establishment is located within an
area deemed to have an undue concentration of off -sale alcohol licenses
pursuant to the State Department of Alcoholic Beverage Control, the City
may, at its discretion, prepare a letter of public convenience or necessity
to allow the alcohol license pursuant to the process contained in Section
41-645.5. However, the conditions fn--subsections (2) (1) and (3) 2 of
Section 41-196(d) may not be waived.
(f) Operational standards for off -sale establishments. The following
operational standards shall be included in the conditions of approval for
the conditional use permit required pursuant to Section 41-196:
(1) No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the licensee.
(2) The applicant shall be responsible for maintaining free of litter the
area adjacent to the premises over which he or she has control.
(3) There shall be no exterior advertising of any kind or type, including
window signs or other signs visible from outside, promoting or
indicating the availability of alcoholic beverages on the premises.
(4) There shall be no coin -operated games maintained on the premises
at any time.
(5) All public telephones shall be located on the interior of the
premises.
Ordinance No. NS-XXXX
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11 A-3
(6) Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the applicant shall be removed or
painted over within twenty-four (24) hours of being applied.
(7) The applicant shall post a placard prohibiting loitering, pursuant to
California Penal Code ("CPC") Section 602, on the exterior of the
premises.
(8) It shall be the applicant's responsibility to ensure that CPC Section
602 is complied with at all times that the premises are in operation.
(9) The applicant shall at all times utilize an age verification device for
all purchases of alcoholic beverages.
(10) The owner or manager of the licensed premises shall maintain on
the premises a written security policy and procedures manual, that
has been approved by the Police Department, addressing at a
minimum the following items; handling obviously intoxicated
persons; establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to monitor beverage sales and
patron behavior; handling patrons involved in fighting, arguing or
loitering about the building and in the immediate adjacent area that
is owned, leased, rented or used under agreement by the
licensee(s); verifying age/checking identification of patrons; calling
the police regarding observed or reported criminal activity.
(11) If there is a marked or noticeable increase in the number of police -
related incidents on or near the premises, as such increase may be
determined by the Chief of Police, the applicant may be required to
provide state -licensed, uniformed security guards at a number
determined by the Chief of Police.
(12) All managers and employees selling alcoholic beverages shall
undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. The
California Department of Alcoholic Beverage Control must approve
said training program. Records of each employee's successful
completion of the certified training program required by this section
shall be maintained on the premises of the alcoholic beverage
outlet and shall be presented upon request by a representative of
the City of Santa Ana.
(13) Alcoholic beverages in containers of less than sixteen (16) ounces
cannot be sold by single containers, but must be sold in pre-
packaged multi -unit quantities.
(14) The sales of alcoholic beverages shall be permitted only between
the hours of 7:00 a.m. and 12:00/midnight each day of the week
Ordinance No. NS-XXXX
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11 A-4
unless otherwise modified by the granting of an after-hours
conditional use permit.
(15) Existing building and required parking must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana
Municipal Code (building security ordinance). These code
conditions will require that the existing project lighting, door/window
locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required
landscape planters.
(16) Cash register must be visible from the street at all times and shall
not be obstructed at any time by temporary or permanent signage.
(17) Window displays must be kept to a minimum for maximum visibility
and shall not exceed twenty-five (25) per cent of window coverage.
(18) Window displays and racks must be kept to a maximum height of
three (3) feet including merchandise.
(19) A timed -access cash controller or drop safe must be installed.
(20) A silent armed robbery alarm must be installed and operable at all
times.
(21) Clearly distinguishable height markers shall be installed on the
inside doorjamb of all doors used by the public to access the store.
Horizontal marks, one (1) inch wide by three (3) inch long, in
different colors, and in a contrasting color to the background, shall
be placed every six (6) inches beginning at five (5) feet and ending
at six (6) feet six (6) inches.
(22) No person under the age of twenty-one (21) shall sell or deliver
alcoholic beverages.
(23) A Provicip a closed-circuit television system shall be provided and
approved by the Police Department and shall be capable of viewing
and recording events inside and outside the premises including the
parking areas with a resolution which will clearly identify individuals
for later identification as follows:
(a) A minimum of one (1) color camera at each cash register
that views the front of a customer, from the waist to the top
of the head.
(b) A minimum of one (1) color camera that views the full length
side of a customer at the cash register area.
Ordinance No. NS-XXXX
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11 A-5
(c) A color camera recorder capable of recording events on all
cameras simultaneously.
(d) A tape or disc storage library of recorded cameras kept for a
minimum of sixty (60) days.
(e) If video tape is used, tapes cannot be taped over more than
six (6) times.
(f) An audio recording component that will record sounds
occurring at the customer counter.
(g) An internet protocol (IP)-based system is required.
(24) It shall be the operator's responsibility to submit a shopping cart
containment plan pursuant to SAMC Section 33.210.
(25) The operator shall be responsible for obtaining all necessary
permits for building tenant and freestanding signs. This shall
include any window signs and temporary banners.
(g) Operational standards for on -sale establishments. The following
operational standards shall be included in the conditions of approval for
the conditional use permit required pursuant to Section 41-196(a).
(1) The premises shall at all times be maintained as a bona -fide eating
establishment as defined in Section 23038 of the California
Business and Professions Code and shall provide a menu
containing an assortment of foods normally offered. The premises
must have suitable kitchen facilities and supply an assortment of
foods commonly ordered at various hours of the day. Full and
complete meals must be served whenever the privileges of the on -
sale license are being exercised.
(2) There shall be no fixed bar or lounge area upon the premises
maintained for the sole purpose of sales, service or consumption of
alcoholic beverages directly to patrons. A fixed bar or lounge may
be permitted if patrons may order food being offered to the general
patrons of the eating establishment.
(3) The sales, service, and consumption of alcoholic beverages shall
be permitted only between the hours of 7:00 a.m. and 12:00 a.m.
unless otherwise amended by the granting of a conditional use
permit for after-hours operations pursuant to Santa Ana Municipal
Code Chapter 41.
(4) It shall be the applicant's responsibility to ensure that no alcoholic
beverages are consumed on any property adjacent to the licensed
Ordinance No. NS-XXXX
Page 6 of 13
premises under the control of the applicant, with the exception of
any enclosed patio areas.
(5) The applicant or an employee of the licensee must be present to
monitor all areas of the establishment, including outdoor patios,
during all times that alcoholic beverages are being served or
consumed.
(6) All employees serving alcoholic beverages must complete
responsible beverage service training, or an equivalent approved
by the State Department of Alcoholic Beverage Control, prior to
being able to serve alcoholic beverages to patrons. Evidence of the
completion of such training must be maintained on the premises
and available for inspection upon request by the city.
(7) During those times when patrons are restricted to twenty-one (21)
years of age or older, the applicant shall at all times utilize an age
verification means or device for all purchases of alcoholic
beverages. Such verification of age is not intended to discriminate
against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those twenty-
one (21) and older.
(8) Queuing lines shall be managed in an orderly manner and all
disruptive and/or intoxicated patrons shall be denied entry. The
business owner, or his designee, shall be responsible for
monitoring the queuing lines at all times.
(9) The outdoor queuing line shall not block public walkways or
obstruct the entry or exit doors of adjacent businesses. Stanchions
or barriers must be used to maintain order at all times the queue
exceeds twenty-five (25) patrons. All stanchions or barriers located
on public property must be approved by the public works agency.
(10) Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift, except for product
sampling for purposes of employee education about new products.
Under no circumstances may contract security personnel consume
alcoholic beverages during their work shift.
(11) There shall be no exterior advertising of any kind or type, including
window signs or other signs visible from outside, that promote or
indicate the availability of alcoholic beverages on the premises.
Interior displays of alcoholic beverages or signs, which are clearly
visible to the exterior, shall constitute a violation of this condition.
Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) per cent of
Ordinance No. NS-XXXX
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11 A-7
window coverage. Floor displays shall not exceed three (3) feet in
height.
(12) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating "buy one (1) drink, get one (1)
free", "two (2) for the price of one (1)", or "all you can drink for..." or
similar language.
(13) Any pool tables, amusement machines or video games maintained
on the premises at any time must be reviewed and approved in a
security plan submitted to the Chief of Police.
(14) Live entertainment, including but not limited to, amplified music,
karaoke, performers and dancing, shall be subject to the issuance
of an Entertainment Permit pursuant to Santa Ana Municipal Code
("SAMC") Chapter 11 — Entertainment, and shall comply with all of
the standards contained therein. Notwithstanding this requirement,
music/noise shall not be audible beyond twenty (20) feet from the
exterior of the premises in any direction.
(15) Neither the applicant, nor any person or entity operating the
premises with the permission of the applicant, shall violate the
City's adult entertainment ordinance contained in SAMC Section
12-1 and 12-2.
(16) The premises shall not be operated as an adult entertainment
business as such term is defined in SAMC Section 41-1701.6.
(17) The applicant(s) shall be responsible for maintaining free of litter
the area adjacent to the premises under the control of the licensee.
(18) There shall be no public telephones located on the exterior of the
premises. All interior pay phones must be designed to allow
outgoing calls only.
(19) Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee(s) shall be removed
or painted within twenty-four (24) hours of being applied.
(20) Existing bona fide eating establishment and required parking must
conform to the provisions of Chapter 8, Article II, Division 3 of the
Santa Ana Municipal Code (Building Security Ordinance). These
code conditions will require that the existing project lighting,
door/window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in
required landscape planters. Prior to issuance of letter of approval
Ordinance No. NS-XXXX
Page 8 of 13
11 A-8
to the Alcohol Beverage Control Board, this condition must be
complied with.
(21) A timed -access cash controller or drop safe must be installed.
(22) Install a silent armed robbery alarm.
(23) The owner or manager of the licensed premises shall maintain on
the premises a written security policy and procedures manual, that
has been approved by the police department, addressing at a
minimum the following items:
(a) Procedures for handling obviously intoxicated persons
(b) The method for establishing a reasonable ratio of employees
to patrons, based upon activity level, in order to ensure
adequate staffing levels to monitor beverage sales and
patron behavior.
(c) Procedures for handling patrons involved in fighting, arguing
or loitering about the building, and/or in the immediate
adjacent area that is owned, leased, rented or used under
agreement by the licensee(s).
(d) Procedures for verifying the age of patrons for purposes of
alcohol sales.
(e) Procedures for ensuring that servers monitor patrons to
ensure that their drinking limit/potential intoxication is not
exceeded. This procedure should include a description of the
procedure the server would use to warn, or refuse to serve,
the patron.
(f) Procedures for calling the police regarding observed or
reported criminal activity.
(g) Procedures for management of queuing lines.
(h) The location and description of any video games proposed
to be on the premises.
(24) The operator shall be responsible for submitting a detailed outdoor
fencing and dining plan where outdoor dining is proposed as part of
the business operation. If the proposed dining area or fencing is in
the public right of way, the applicant must obtain all required
permits and approvals from the Public Works Agency.
Ordinance No. NS-XXXX
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11 A-9
(25) Combined alcohol storage and display areas shall not exceed five
(5) percent of the gross floor area of the licensed establishment.
Section 4. Section 41-313.5 (Parking Lots and Parking Structures) 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.
I. Clubs, fraternities and lodges.
m. Bail bond uses, subject to development and operation standards set forth in
section 41-323.
n. Churches and accessory church buildings.
Ordinance No. NS-XXXX
Page 10 of 13
11A-10
o. Parking lots and parking structures subiect to compliance with the
requirements of Section 41-324.
Section 5. Section 41-324 (Parking Lots and Parking Structures) of Chapter
41 of the SAMC is hereby added and shall read as follows:
Sec. 41-324. — Parking lot and parking structure standards.
In addition to the provisions of this chapter, the following minimum development and
operational standards apply to parking lot and parking structure uses:
(a) Shall only be permitted on sites of no less than two (2) acres.
(b) Shall not be permitted on sites that abut properties zoned or used for single-
family residential.
(c) Shall be designed to comply with the Citywide Design Guidelines established
by resolution of the City Council.
Section 6. Section 41-324-325. Reserved of Chapter 41 of the SAMC is
hereby amended to read as follows:
Secs. 41-3245 41-325. — Reserved.
Section 7. Section 41-766 (Interpretation of chapter) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-766. — Interpretation of chapter regulations.
The Executive Director of the Planning and Building Agency, or his or her designee,
shall have the responsibility and authority to interpret the meaning and applicability of all
provisions and requirements of this Chapter. In interpreting and applying the provisions
of this Chapter, they shall be held to be the minimum requirements for the promotion of
the public safety, health, convenience, comfort and general welfare. Whenever the
Executive Director determines that the meaning or applicability of any of the
requirements of this Chapter are subject to interpretation generally, or as applied to a
specific case the Executive Director may issue an official interpretation or refer the
question to the Planning Commission for determination. If ambiguity arises concerning
the appropriate classification of a particular use or regulation within the meaninq and
intent of this Chapter with respect to any matters regulated by this Chapter based on
established or unforeseen circumstances, including technological changes in
processing or application of materials, the Executive Director shall have the power to
interpret the regulation based on understanding of this Chapter. Applicants may appeal
Ordinance No. NS-XXXX
Page 11 of 13
11A-11
the Executive Director's interpretation to the Planning Commission for review and
interpretation which shall be final; thereafter, such interpretation shall govern.
Section 8. Section 41-1341 (Restaurants, cafes, etc.) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-1341. - Restaurants, cafes, etc.
(a) The minimum off-street parking requirements for restaurants, cafes and
other eating establishments are as follows: eight (8) spaces for each one
thousand (1,000) square feet of gross floor area and open-air dining area
except that an open-air dining area no greater than twenty-five (25) per
cent of the gross floor area of the restaurant, or one thousand (1,000)
square feet, whichever is smaller, is exempt from a parking requirement.
(b) Each drive -through eating establishment shall have vehicular stacking
lanes of at least eighty (80) feet from the center of the pick-up window or
Pay window, whichever is closer to the menu board; and to the order-peiatF
and eighty (80) feet from the order point or menu board to the beginning of
the drive -through lane. to the end of the drive thFeugh !aR( Such stacking
lanes shall be located so that they do not serve as entries to parking
spaces.
Section 9. If any section, subsection, sentence, clause, phrase or portion of
this ordinance for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 2020.
Miguel A. Pulido
Mayor
Ordinance No. NS-XXXX
Page 12 of 13
11A-12
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2020 and that said ordinance was published it
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXXX
Page 13 of 13
11A-13
Clean Version
LS 4.7.20
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING VARIOUS SECTIONS OF
CHAPTER 41 (ZONING) OF THE SANTA ANA
MUNICIPAL CODE INCLUDING SECTIONS: 41-196
(ESTABLISHMENTS SELLING ALCOHOLIC
BEVERAGES), 41-313.5 (PARKING LOTS AND
PARKING STRUCTURES), 41-324 (PARKING LOTS
AND PARKING STRUCTURES), 41-766
(INTERPRETATION OF CHAPTER REGULATIONS),
AND 41-1341 (DRIVE -THROUGH STANDARDS) OF
THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Various sections of 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, to adopt new permitting procedures, and to
comply with changes to State and Federal laws. In a continuing effort to
establish high -quality development standards and to create a user-friendly
environment for residents and the business community within the City, the
Planning Division is proposing revisions to various sections of Chapter 41 of
the SAMC.
B. After a thorough analysis of the current code requirements in the City, staff
identified several sections of the code for amendments necessary to ensure
clear, uniform, and legally consistent regulations. The proposed amendments
will enable the City to implement a regulatory framework that protects the
health, safety and welfare of the City and limits undue strain on homeowners,
business operators and developers.
C. On February 24, 2020, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2020-01.
D. The City Council, on April 7, 2020, held a duly noticed public hearing on this
ordinance and has considered all testimony presented thereto.
E. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of Section 418 of the
Charter of the City of Santa Ana. Any such restatement of existing provisions
#34604v1 11 A-1 4
of the Code is not intended, nor shall it be interpreted, as constituting a new
action of decision of the City Council, but rather such provisions are repeated
for tracking purposes only in conformance with the Charter.
Section 2. The proposed ordinance has been reviewed with respect to
applicability of the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon
adoption of this ordinance.
Section 3. Section 41-196 (Establishments Selling Alcoholic Beverages) of
Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-196. — Establishments Selling Alcoholic Beverages.
(a) Conditional use permit required. Except as provided in subsection (b), no
establishment may sell alcoholic beverages for either on -site or off -site
consumption unless a conditional use permit has been approved for such
establishment pursuant to Article V of this Chapter. Prior to the public
hearing for the approval of said conditional use permit, the establishment
must be in compliance with all provisions of Chapter 41.
(b) Land use certificates for incidental alcohol sales. A land use certificate
may be issued pursuant to the requirements of Section 41-675 for an
establishment which serves alcoholic beverages for either on -site or off -
site consumption only if the establishment falls within one (1) of the
following categories:
(1) Club or lodge establishments where admittance is limited to
members and guests invited by members and where the sale of
alcoholic beverages is clearly incidental to other activities
conducted on the premises.
(2) Florists shops offering the sale of a bottle of an alcoholic beverage
together with a floral arrangement.
(c) Alcohol storage and display area for off -sale establishments. No off -sale
establishment under ten thousand (10,000) square feet shall have a
combined alcohol storage and display area that exceeds five (5) per cent
of the gross floor area of the store area.
(d) Separation requirement for off -sale establishments under ten thousand
(10,000) square feet. No off -sale establishment may be granted a
conditional use permit for the sale of alcoholic beverages if any of the
following conditions apply:
(1) The proposed establishment is within one thousand (1,000) linear
feet of an existing off -sale alcohol license as measured from the
#34604v1 11 A-1 5
primary entrance of one (1) establishment to the primary entrance
of the other establishment.
(2) The proposed establishment is within one thousand (1,000) linear
feet of any property used as a school primarily attended by minors,
for a religious institution or for park purposes as measured from the
door of one (1) establishment to the door of the other use(s).
(3) The proposed establishment is determined to be over concentrated
by the State Department of Alcohol Beverage Control as defined in
Business and Professions Code Section 23958.4.
(e) Finding of public convenience or necessity for off -sale establishments
under ten thousand (10,000) square feet located within an area of undue
concentration. If the proposed off -sale establishment is located within an
area deemed to have an undue concentration of off -sale alcohol licenses
pursuant to the State Department of Alcoholic Beverage Control, the City
may, at its discretion, prepare a letter of public convenience or necessity
to allow the alcohol license pursuant to the process contained in Section
41-645.5. However, conditions (1) and (2) of Section 41-196(d) may not
be waived.
(f) Operational standards for off -sale establishments. The following
operational standards shall be included in the conditions of approval for
the conditional use permit required pursuant to Section 41-196:
(1) No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the licensee.
(2) The applicant shall be responsible for maintaining free of litter the
area adjacent to the premises over which the applicant has control.
(3) There shall be no exterior advertising of any kind or type, including
window signs or other signs visible from outside, promoting or
indicating the availability of alcoholic beverages on the premises.
(4) There shall be no coin -operated games maintained on the premises
at any time.
(5) All public telephones shall be located on the interior of the
premises.
(6) Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the applicant shall be removed or
painted over within twenty-four (24) hours of being applied.
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(7) The applicant shall post a placard prohibiting loitering, pursuant to
California Penal Code ("CPC") Section 602, on the exterior of the
premises.
(8) It shall be the applicant's responsibility to ensure that CPC Section
602 is complied with at all times that the premises are in operation.
(9) The applicant shall at all times utilize an age verification device for
all purchases of alcoholic beverages.
(10) The owner or manager of the licensed premises shall maintain on
the premises a written security policy and procedures manual, that
has been approved by the Police Department, addressing at a
minimum the following items; handling obviously intoxicated
persons; establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to monitor beverage sales and
patron behavior; handling patrons involved in fighting, arguing or
loitering about the building and in the immediate adjacent area that
is owned, leased, rented or used under agreement by the
licensee(s); verifying age/checking identification of patrons; calling
the police regarding observed or reported criminal activity.
(11) If there is a marked or noticeable increase in the number of police -
related incidents on or near the premises, as such increase may be
determined by the Chief of Police, the applicant may be required to
provide state -licensed, uniformed security guards at a number
determined by the Chief of Police.
(12) All managers and employees selling alcoholic beverages shall
undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. The
California Department of Alcoholic Beverage Control must approve
said training program. Records of each employee's successful
completion of the certified training program required by this section
shall be maintained on the premises of the alcoholic beverage
outlet and shall be presented upon request by a representative of
the City of Santa Ana.
(13) Alcoholic beverages in containers of less than sixteen (16) ounces
cannot be sold by single containers, but must be sold in pre-
packaged multi -unit quantities.
(14) The sales of alcoholic beverages shall be permitted only between
the hours of 7:00 a.m. and 12:00/midnight each day of the week
unless otherwise modified by the granting of an after-hours
conditional use permit.
(15) Existing building and required parking must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana
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Municipal Code (building security ordinance). These code
conditions will require that the existing project lighting, door/window
locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required
landscape planters.
(16) Cash register must be visible from the street at all times and shall
not be obstructed at any time by temporary or permanent signage.
(17) Window displays must be kept to a minimum for maximum visibility
and shall not exceed twenty-five (25) per cent of window coverage.
(18) Window displays and racks must be kept to a maximum height of
three (3) feet including merchandise.
(19) A timed -access cash controller or drop safe must be installed.
(20) A silent armed robbery alarm must be installed and operable at all
times.
(21) Clearly distinguishable height markers shall be installed on the
inside doorjamb of all doors used by the public to access the store.
Horizontal marks, one (1) inch wide by three (3) inch long, in
different colors, and in a contrasting color to the background, shall
be placed every six (6) inches beginning at five (5) feet and ending
at six (6) feet six (6) inches.
(22) No person under the age of twenty-one (21) shall sell or deliver
alcoholic beverages.
(23) A closed-circuit television system shall be provided and approved
by the Police Department and shall be capable of viewing and
recording events inside and outside the premises including the
parking areas with a resolution which will clearly identify individuals
for later identification as follows:
(a) A minimum of one (1) color camera at each cash register
that views the front of a customer, from the waist to the top
of the head.
(b) A minimum of one (1) color camera that views the full length
side of a customer at the cash register area.
(c) A color camera recorder capable of recording events on all
cameras simultaneously.
(d) A tape or disc storage library of recorded cameras kept for a
minimum of sixty (60) days.
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(e) If video tape is used, tapes cannot be taped over more than
six (6) times.
(f) An audio recording component that will record sounds
occurring at the customer counter.
(g) An internet protocol (IP)-based system is required.
(24) It shall be the operator's responsibility to submit a shopping cart
containment plan pursuant to SAMC Section 33.210.
(25) The operator shall be responsible for obtaining all necessary
permits for building tenant and freestanding signs. This shall
include any window signs and temporary banners.
(g) Operational standards for on -sale establishments. The following
operational standards shall be included in the conditions of approval for
the conditional use permit required pursuant to Section 41-196(a).
(1) The premises shall at all times be maintained as a bona -fide eating
establishment as defined in Section 23038 of the California
Business and Professions Code and shall provide a menu
containing an assortment of foods normally offered. The premises
must have suitable kitchen facilities and supply an assortment of
foods commonly ordered at various hours of the day. Full and
complete meals must be served whenever the privileges of the on -
sale license are being exercised.
(2) There shall be no fixed bar or lounge area upon the premises
maintained for the sole purpose of sales, service or consumption of
alcoholic beverages directly to patrons. A fixed bar or lounge may
be permitted if patrons may order food being offered to the general
patrons of the eating establishment.
(3) The sales, service, and consumption of alcoholic beverages shall
be permitted only between the hours of 7:00 a.m. and 12:00 a.m.
unless otherwise amended by the granting of a conditional use
permit for after-hours operations pursuant to Santa Ana Municipal
Code Chapter 41.
(4) It shall be the applicant's responsibility to ensure that no alcoholic
beverages are consumed on any property adjacent to the licensed
premises under the control of the applicant, with the exception of
any enclosed patio areas.
(5) The applicant or an employee of the licensee must be present to
monitor all areas of the establishment, including outdoor patios,
during all times that alcoholic beverages are being served or
consumed.
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(6) All employees serving alcoholic beverages must complete
responsible beverage service training, or an equivalent approved
by the State Department of Alcoholic Beverage Control, prior to
being able to serve alcoholic beverages to patrons. Evidence of the
completion of such training must be maintained on the premises
and available for inspection upon request by the city.
(7) During those times when patrons are restricted to twenty-one (21)
years of age or older, the applicant shall at all times utilize an age
verification means or device for all purchases of alcoholic
beverages. Such verification of age is not intended to discriminate
against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those twenty-
one (21) and older.
(8) Queuing lines shall be managed in an orderly manner and all
disruptive and/or intoxicated patrons shall be denied entry. The
business owner, or his designee, shall be responsible for
monitoring the queuing lines at all times.
(9) The outdoor queuing line shall not block public walkways or
obstruct the entry or exit doors of adjacent businesses. Stanchions
or barriers must be used to maintain order at all times the queue
exceeds twenty-five (25) patrons. All stanchions or barriers located
on public property must be approved by the public works agency.
(10) Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift, except for product
sampling for purposes of employee education about new products.
Under no circumstances may contract security personnel consume
alcoholic beverages during their work shift.
(11) There shall be no exterior advertising of any kind or type, including
window signs or other signs visible from outside, that promote or
indicate the availability of alcoholic beverages on the premises.
Interior displays of alcoholic beverages or signs, which are clearly
visible to the exterior, shall constitute a violation of this condition.
Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) per cent of
window coverage. Floor displays shall not exceed three (3) feet in
height.
(12) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating "buy one (1) drink, get one (1)
free", "two (2) for the price of one (1)", or "all you can drink for..." or
similar language.
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(13) Any pool tables, amusement machines or video games maintained
on the premises at any time must be reviewed and approved in a
security plan submitted to the Chief of Police.
(14) Live entertainment, including but not limited to, amplified music,
karaoke, performers and dancing, shall be subject to the issuance
of an Entertainment Permit pursuant to Santa Ana Municipal Code
("SAMC") Chapter 11 — Entertainment, and shall comply with all of
the standards contained therein. Notwithstanding this requirement,
music/noise shall not be audible beyond twenty (20) feet from the
exterior of the premises in any direction.
(15) Neither the applicant, nor any person or entity operating the
premises with the permission of the applicant, shall violate the
City's adult entertainment ordinance contained in SAMC Section
12-1 and 12-2.
(16) The premises shall not be operated as an adult entertainment
business as such term is defined in SAMC Section 41-1701.6.
(17) The applicant(s) shall be responsible for maintaining free of litter
the area adjacent to the premises under the control of the licensee.
(18) There shall be no public telephones located on the exterior of the
premises. All interior pay phones must be designed to allow
outgoing calls only.
(19) Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee(s) shall be removed
or painted within twenty-four (24) hours of being applied.
(20) Existing bona fide eating establishment and required parking must
conform to the provisions of Chapter 8, Article II, Division 3 of the
Santa Ana Municipal Code (Building Security Ordinance). These
code conditions will require that the existing project lighting,
door/window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in
required landscape planters. Prior to issuance of letter of approval
to the Alcohol Beverage Control Board, this condition must be
complied with.
(21) A timed -access cash controller or drop safe must be installed.
(22) Install a silent armed robbery alarm.
(23) The owner or manager of the licensed premises shall maintain on
the premises a written security policy and procedures manual, that
has been approved by the police department, addressing at a
minimum the following items:
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(a) Procedures for handling obviously intoxicated persons.
(b) The method for establishing a reasonable ratio of employees
to patrons, based upon activity level, in order to ensure
adequate staffing levels to monitor beverage sales and
patron behavior.
(c) Procedures for handling patrons involved in fighting, arguing
or loitering about the building, and/or in the immediate
adjacent area that is owned, leased, rented or used under
agreement by the licensee(s).
(d) Procedures for verifying the age of patrons for purposes of
alcohol sales.
(e) Procedures for ensuring that servers monitor patrons to
ensure that their drinking limit/potential intoxication is not
exceeded. This procedure should include a description of the
procedure the server would use to warn, or refuse to serve,
the patron.
(f) Procedures for calling the police regarding observed or
reported criminal activity.
(g) Procedures for management of queuing lines.
(h) The location and description of any video games proposed
to be on the premises.
(24) The operator shall be responsible for submitting a detailed outdoor
fencing and dining plan where outdoor dining is proposed as part of
the business operation. If the proposed dining area or fencing is in
the public right of way, the applicant must obtain all required
permits and approvals from the Public Works Agency.
(25) Combined alcohol storage and display areas shall not exceed five
(5) percent of the gross floor area of the licensed establishment.
Section 4. Section 41-313.5 (Parking Lots and Parking Structures) 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.
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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.
I. Clubs, fraternities and lodges.
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.
Section 5. Section 41-324 (Parking Lots and Parking Structures) of Chapter
41 of the SAMC is hereby added and shall read as follows:
Sec. 41-324. — Parking lot and parking structure standards.
In addition to the provisions of this chapter, the following minimum development and
operational standards apply to parking lot and parking structure uses:
(a) Shall only be permitted on sites of no less than two (2) acres.
(b) Shall not be permitted on sites that abut properties zoned or used for single-
family residential.
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(c) Shall be designed to comply with the Citywide Design Guidelines established
by resolution of the City Council.
Section 6. Section 41-324-325. Reserved of Chapter 41 of the SAMC is
hereby amended to read as follows:
Secs. 41-325. — Reserved.
Section 7. Section 41-766 (Interpretation of chapter) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-766. — Interpretation of chapter regulations.
The Executive Director of the Planning and Building Agency, or his or her designee,
shall have the responsibility and authority to interpret the meaning and applicability of all
provisions and requirements of this Chapter. In interpreting and applying the provisions
of this Chapter, they shall be held to be the minimum requirements for the promotion of
the public safety, health, convenience, comfort and general welfare. Whenever the
Executive Director determines that the meaning or applicability of any of the
requirements of this Chapter are subject to interpretation generally, or as applied to a
specific case, the Executive Director may issue an official interpretation or refer the
question to the Planning Commission for determination. If ambiguity arises concerning
the appropriate classification of a particular use or regulation within the meaning and
intent of this Chapter with respect to any matters regulated by this Chapter based on
established or unforeseen circumstances, including technological changes in
processing or application of materials, the Executive Director shall have the power to
interpret the regulation based on understanding of this Chapter. Applicants may appeal
the Executive Director's interpretation to the Planning Commission for review and
interpretation, which shall be final; thereafter, such interpretation shall govern.
Section 8. Section 41-1341 (Restaurants, cafes, etc.) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-1341. — Restaurants, cafes, etc.
(a) The minimum off-street parking requirements for restaurants, cafes and
other eating establishments are as follows: eight (8) spaces for each one
thousand (1,000) square feet of gross floor area and open-air dining area
except that an open-air dining area no greater than twenty-five (25) per
cent of the gross floor area of the restaurant, or one thousand (1,000)
square feet, whichever is smaller, is exempt from a parking requirement.
(b) Each drive -through eating establishment shall have vehicular stacking
lanes of at least eighty (80) feet from the center of the pick-up window or
pay window, whichever is closer to the menu board; and eighty (80) feet
#34604v1 11 A-24
from the order point or menu board to the beginning of the drive -through
lane. Such stacking lanes shall be located so that they do not serve as
entries to parking spaces.
Section 9. If any section, subsection, sentence, clause, phrase or portion of
this ordinance for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 12020.
Miguel A. Pulido
Mayor
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APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: ( i.
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2020 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
11 A-26