HomeMy WebLinkAboutNS-3033 - Amending Sections 41-130, 41-522 and 41-1341 of, and Adding Section 41-130.5 and Article XXI (Outdoor Dining on Private Property) to Chapter 41 (Zoning) of the Santa Ana Municipal Code...ORDINANCE NO. NS-3033
ZONING ORDINANCE AMENDMENT NO. 2022-04 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTIONS 41-130, 41-522 AND
41-1341 OF, AND ADDING SECTION 41-130.5 AND
ARTICLE XXI (OUTDOOR DINING ON PRIVATE
PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA
ANA MUNICIPAL CODE ESTABLISHING REGULATIONS
RELATING TO THE PLACEMENT, DEVELOPMENT, AND
OPERATION OF OUTDOOR DINING ON PRIVATE
PROPERTY
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. On March 17, 2020, the City Council proclaimed the existence of a local
emergency to ensure the availability of mutual aid and support an effective
response to the novel coronavirus ("COVID-19") pandemic.
B. On May 8, 2020, the state moved into Stage 2 of the California Resilience
Roadmap, which allowed non -essential retail businesses and restaurants to
reopen for curbside pickups and deliveries.
C. On May 23, 2020, the County of Orange announced the State's approval of
the County's plan to accelerate local businesses further into Stage 2 of the
California Resilience Roadmap.
D. On May 28, 2020, the City Manager, acting as Director of Emergency
Services, approved Executive Order No. 5-2020 allowing restaurants and
retail businesses to temporarily use public and private sidewalks and parking
spaces for outdoor dining and retail operations to help stimulate the economy.
In addition, the City Manager issued and published written guidelines ("A
Guide for Outdoor Business Operations") providing guidance and safety
measures for businesses to implement.
E. On December 15, 2020, the Orange County Board of Supervisors awarded a
$500,000 grant to the City for the use of developing safe outdoor dining
opportunities for businesses along or within 500 feet of First Street and
Seventeenth Street. The City utilized the grant money to retain a vendor to
design, construct, and install 22 outdoor dining parklets for restaurants
located on private property. Parklets included tables, chairs, bistro lights,
railings, planters, drought resistant tolerant plants, umbrellas, shade sails,
roman shades, and painted flooring or wood, and cement decks.
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F. On June 1, 2021, the City Council adopted Resolution No. 2021-29 extending
Executive Order No. 5-2020 for a period of one year from the date on which
the State moved beyond the Blueprint for a Safer Economy.
G. On June 15, 2021, the State moved beyond the Blueprint for a Safer
Economy.
H. On May 3, 2022, the City Council directed staff to prepare a permanent
outdoor dining ordinance to expand outdoor dining opportunities on private
property citywide, to enhance the user experience, to create healthy,
sustainable, and vibrant neighborhoods, and to support the local economy.
I. The proposed amendments to the Santa Ana Municipal Code (SAMC)
support the objectives and policies of the City's General Plan.
J. On November 14, 2022, the Planning Commission held a duly -noticed public
hearing to consider this Ordinance, where all interested persons were given
an opportunity to be heard, and recommended approval of the ordinance to
the City Council.
K. On December 6, 2022, the City Council held a duly -noticed public hearing to
consider this Ordinance, where all interested persons were given an
opportunity to be heard.
Section 2. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 3. Section 41-130 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-130. — Outdoor Dining
Outdoor Dining means an ancillary outdoor area use on private property where tables
and chairs are provided for patrons to consume food and/or beverages provided by an
adjacent eating establishment.
Section 4. Section 41-130.5 (Outdoor Dining Area) of Chapter 41 of the SAMC
is hereby added to read as follows:
Sec. 41-130.5 — Outdoor Dining Area.
Outdoor Dining Area means an approved designated outdoor dining area, in
accordance with Article XXI (Outdoor Dining on Private Property) of this Chapter, that is
enclosed by permanent improvements such as landscape, planters, fencing, decks,
patio or shade structures, or other decorative barriers.
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Section 5. 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 permitted in the C-SM district subject to the issuance of a
conditional use permit:
a. Clubs, lodges, and fraternal organizations.
b. Outdoor and indoor recreational or entertainment uses including night
clubs, other than those set forth in Section 41-521 of this Chapter.
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. Banquet facilities, subject to development and operational standards set
forth in Section 41-199.1 of this Chapter.
h. Banquet facilities as an ancillary use, subject to development and
operational standards set forth in Section 41-199.1 of this Chapter.
i. Automobile repair and automobile servicing.
j. 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.
k. Churches and accessory church buildings.
Section 6. 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.
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(a) The minimum off-street parking requirements for restaurants, cafes and other
eating establishments are as follows:
(1) Eight (8) spaces for each one thousand (1,000) square feet of gross floor
area.
(2) An outdoor dining area equal to or less than five hundred (500) square
and serving an eating establishment of less than two thousand five
hundred (2,500) square feet does not require additional off-street parking.
(3) An outdoor dining area less than twenty-five (25) percent of the gross floor
area of the eating establishment or one thousand (1,000) square feet,
whichever is smaller, does not require additional off-street parking.
(4) An outdoor dining area exceeding the thresholds established by
subsection 2 and 3 above shall provide off-street parking at a rate of one
(1) space per each two hundred and fifty (250) square feet of outdoor
dining area above the thresholds.
(5) An outdoor dining area located within the public -right -of way and approved
in accordance with Article VI of Chapter 33 of the SAMC does not require
additional off-street parking.
(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 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 7. Article XXI (Outdoor Dining on Private Property) to Chapter 41 of
the SAMC is hereby added in its entirety to read as follows:
ARTICLE XXI. — OUTDOOR DINING ON PRIVATE PROPERTY
Sec. 41-2200. — Purpose.
The purpose and intent of this Article is to create a streamline administrative permit
process for outdoor dining areas located on private property in order to benefit tenants,
property owners, and the public, and to establish regulations that enhance the
pedestrian ambiance of the City and ensure that such outdoor dining areas do not
adversely impact adjacent uses, properties, and surrounding neighborhoods.
Sec. 41-2201. — Applicability.
(a) The provisions of this Article shall apply to:
(1) All new outdoor dining areas located on private property; and
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(2) All legally established and existing outdoor dining areas located on private
property that are proposed to be expanded or enlarged.
(b) The provisions of this Article do not apply to:
(1) Common outdoor dining and seating areas as part of a development that
has been approved through a Development Project Plan in accordance
with Division 3 of Article V of this Chapter; and
(2) Outdoor dining areas in the public right-of-way that are subject to the
provisions set forth in Article VI (Outdoor Dining Areas in the Public Right -
Of -Way) of Chapter 33 (Streets, Sidewalks and Public Works) of the
SAMC.
(c) The provisions of this Article are not intended to provide exclusive regulation of
the development of an outdoor dining area. An outdoor dining area shall comply
with all applicable state and federal laws and all local regulations imposed in
other articles of this Chapter and other city ordinances, unless explicitly
exempted under this Article. Should a conflict exist between the provisions of this
Article and the provisions of other articles of this Chapter, the provisions of this
Article shall prevail, unless otherwise determined by the Director of the Planning
and Building Agency.
Sec. 41-2202. — Application, Permit, and Review Requirements.
(a) An outdoor dining area shall require approval of an administrative application and
permit as established by the Executive Director of the Planning and Building
Agency, and shall be developed in compliance with an approved site plan that
indicates the area dedicated for outdoor dining and the maximum seating
capacity.
(b) Approval of the outdoor dining area permit shall be granted only to the property
owner or business owner of the eating establishment with written concurrence of
the property owner.
(c) When an eating establishment use is proposed to be replaced with another
eating establishment where an outdoor dining area permit has been previously
approved pursuant to this Article, the new business owner may continue to utilize
the existing outdoor dining area without obtaining a separate outdoor dining
permit, so long as such business owner submits an agreement to comply with the
previously approved outdoor dining area permit application, conditions, and the
requirements of this Article. Such agreement shall be on a form as approved by
the Executive Director of the Planning and Building Agency.
Sec. 41-2203. — Zone Requirements.
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An outdoor dining area shall be permitted as an ancillary use in all zones where eating
establishments are permitted or conditionally permitted.
Sec. 41-2204. — Placement, Development, and Design Standards.
An outdoor dining area shall comply with the following placement, development, and
design standards:
(a) The location of the outdoor dining area shall be approved by the property
owner(s) with consent of the affected business(es).
(b) An outdoor dining area may encroach into and up to fifteen (15) percent of
the required front and street side yard areas.
(c) The outdoor dining area shall provide and maintain: (1) a five (5) foot
landscape buffer between property lines and the edge of the outdoor
dining area; and (2) a three (3) foot landscape buffer between parking
spaces and vehicular areas and the edge of the outdoor dining area.
(d) The outdoor dining area shall comply with corner and driveway obstruction
line -of -sight standards, as modified from time to time.
(e) The outdoor dining area shall not obstruct any required off-street parking
spaces, drive aisles, paths of travel, ingress or egress, emergency
access/exits, or fire lanes unless replaced elsewhere on site.
(f) The outdoor dining area shall be constructed on a permanent raised pad
with curbs and may be enclosed by a permanent barrier made of
landscape planters, fencing, decking, shade structures and other
decorative materials that physically separate and/or define the outdoor
dining area. If installed, the height of the barrier shall not exceed four (4)
feet in height.
(g) Awnings, covers, furniture, umbrellas, shade structures, and other
physical elements shall be compatible with the character of the primary
use structure and shall be fire -retardant, pressure -treated or manufactured
of fire-resistant materials.
(h) Planter boxes, if installed, shall be made of durable materials such as
wood, ceramic, stone, or metal.
(i) Signage within the outdoor dining area is prohibited with the exception of a
menu board. A menu board of up to six (6) square feet may be displayed
within the outdoor dining area.
Q) Lighting in accordance with Chapter 8 of the SAMC shall be provided to
illuminate the outdoor dining area during nighttime hours.
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(k) When an outdoor dining area is located adjacent to sensitive uses (e.g.,
residential uses, parks, playgrounds, and private and public schools (k-
12)), provisions shall be made to minimize noise, light, and odor impacts
on the adjacent sensitive uses. This may include without limitation a
sound -buffering acoustic wall and/or separation by a physical barrier to
define the limits of the outdoor dining area.
Sec. 41-2205. — Operational Standards.
Outdoor dining shall comply with the following operational standards:
(a) All areas in and around the outdoor dining area shall be well kept and
maintained free of trash and debris.
(b) The hours of operation for the outdoor dining area shall be limited to the
hours of operation for the eating establishment. However, if the outdoor
dining area is adjacent to a sensitive use, such hours of operation may be
restricted to reasonable operating hours as determined by the Executive
Director of the Planning and Building Agency.
(c) The outdoor dining area shall be operated in a manner to comply with the
noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.
(d) Establishments with an approved conditional use permit (CUP) pursuant
to Section 41-196 (Establishments Selling Alcoholic Beverages) of this
Chapter may serve alcoholic beverages within the outdoor dining area if
consistent with the scope and intent of the CUP, as evaluated by the
Executive Director of the Planning and Building Agency.
(e) No heating, cooking or open flames are permitted in the outdoor dining
area.
(f) Heating units are permitted only if an outdoor approved type and located
in accordance with the manufacturer's recommendations. Propone tanks,
if used, shall not be stored outdoors.
(g) Movable furniture must be secured or moved inside the primary
establishment at closing time.
(h) All outdoor dining furnishings and materials shall be maintained and
cleaned regularly with no ripped, faded, or otherwise damaged materials.
Any damaged materials shall be repaired or replaced immediately.
(i) The outdoor dining area shall be operated in a manner that complies with
all applicable federal, state, county and city laws and regulations.
Q) The outdoor dining area shall not be detrimental to the health, safety, or
welfare of persons residing or working in the vicinity.
Sec. 41-2206. — Off Street Parking Requirements for Outdoor Dining Areas.
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Off-street parking for an outdoor dining area shall be provided in accordance to Section
41-1341 of this Chapter, except that:
(a) An outdoor dining area located within an integrated development site, as defined
in Section 41-83.5 of this Chapter, may convert up to three (3) required off-street
parking spaces into outdoor dining without needing to replace such parking. An
integrated development site with two -hundred fifty (250) or more off-street
parking spaces may convert additional required off-street parking spaces into
outdoor dining at the discretion and approval of the Executive Director of the
Planning and Building Agency.
(b) An outdoor dining area located within a stand-alone development site with one
primary eating establishment may convert up to twenty-five (25) percent of the
required off street parking spaces into outdoor dining without needing to replace
such parking.
Sec. 41-2207. — Outdoor Dining Area Modification by Executive Director.
The standards of this Article are intended to promote quality development of outdoor
dining areas. In special circumstances, modifications to the placement and development
standards required per Sec. 41-2204 of this Article may be adjusted, subject to the
applicant providing the necessary information for the Executive Director of the Planning
and Building Agency to make an informed decision in grating or denying the request for
the modification. The approval of a modification per this section shall be accompanied
by the following findings:
a) Approval of the modification would not result in detrimental impacts to adjacent
properties or the character and function of the neighborhood.
b) The design, development, and conditions associated with the outdoor dining area
are consistent with the goals, policies, and intent of the General Plan, and the
purpose, intent, and character of the applicable zone.
c) The outdoor dining area creates and provides a visually pleasing setting for
occupants, visitors and the general community.
d) To the maximum extent feasible, the outdoor dining project includes
improvement to the site such as but not limited to:
(1) Landscaping shall be improved to bring the site closer into compliance
with the landscaping requirements of this Chapter;
(2) Parking areas in poor condition shall be improved and maintained in
accordance with Section 41-1304 of this Chapter;
(3) Bicycle parking shall be provided and maintained in accordance with
Section 41-1307.1 of this Chapter.
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(4) Building(s) on the site shall be repainted as needed; and
(5) A trash enclosure in accordance with this Chapter shall be constructed or
rehabilitated as determined by the Public Works and Planning and
Building agencies.
Sec. 41-2208. — Enforcement, Modification, Revocation and Termination of Outdoor
Dining Area Permit.
(a) It is unlawful for any property owner, business owner, operator, tenant, or other
person in control of property within the city for which the provisions set forth in
this Article apply, to operate an outdoor dining area without an outdoor dining
area permit, or to fail to comply with each and every condition of that outdoor
dining area permit.
(b) Each and every violation of this Article shall constitute a separate violation and
shall be subject to all remedies and enforcement measures authorized by the
SAMC. Additionally, as a nuisance per se, any violation of this Article shall be
subject to injunctive relief, revocation of the outdoor dining area permit,
revocation of certificate of occupancy for the eating establishment, disgorgement
and payment to the City of any and all monies unlawfully obtained, costs of
abatement, costs of investigation, attorney's fees, and any other relief or remedy
available at law or equity. The City may also pursue any and all remedies and
actions available and applicable under local and state laws for any violations
committed by an outdoor dining permittee and persons related or associated with
the business.
(c) When an authorized City of Santa Ana representative finds that any of the
provisions of this Article have been violated or that any of the following findings of
fact can be made, the Executive Director of the Planning and Building Agency, or
its designee, may revoke, suspend, or modify an outdoor dining area permit:
(1) Circumstances under which the outdoor dining permit was granted have
been changed by the operator to a degree that the public convenience,
health, interest, safety or welfare require revocation or modification;
(2) The outdoor dining permit was issued, in whole or in part, on the basis of a
misrepresentation or omission of a material statement in the application;
(3) One (1) or more of the requirements of the outdoor dining permit have not
been substantially fulfilled or have been violated;
(4) The improvement/use authorized in compliance with the outdoor dining
permit approval is in violation of any code, law, ordinance, regulation or
statute of the city, state or federal government; or
Ordinance No. NS-3033
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(5) The improvement/use authorized in compliance with the outdoor dining
permit has become detrimental to the public convenience, health, interest,
�^ safety or welfare, or the manner of operation constitutes or is creating a
nuisance.
(d) No such revocation sha.(I become effective until the outdoor dining permit holder
has been notified in writing by certified mail of the right to appeal the revocation
decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is
filed, the revocation shall be effective only upon decision of a hearing officer as
provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become
effective after the time for appeal has passed.
(e) An outdoor dining area permit shall be terminated and the outdoor dining area
and its improvements shall be removed and rehabilitated to their original use by
the property owner if the outdoor dining area is vacant, unused, or unoccupied
for more than six (6) months, or if the eating establishment is replaced with a
non -eating establishment.
Section 8. The City Council may, by resolution, establish a fee for the
administrative outdoor dining permit required per this ordinance. The City Council shall
from time to time by resolution adopt a schedule of fees to be charged.
Section 9. 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 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, a Notice of Exemption, Environmental Review No. 2022-88, will be filed upon
adoption of this ordinance.
Section 10. 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 11. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 12. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
Ordinance No. NS-3033
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ADOPTED this 20th day of December. 2022.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:
J06A M. Funk
Chief Assistant City Attorney
UVA�-3
NOES:
ABSTAIN
Councilmembers
Councilmembers
Councilmembers
Amezcua, Bacerra, Hernandez, Lopez
Penaloza, Phan, Vazquez (7)
None (0)
None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify that the attached Ordinance
No. NS-3033 to be the original ordinance adopted by the City Council of the City
of Santa Ana on December 20, 2022 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: 17,)-7(YI y2 � /V, A . t� _
Clerk of the Council
City of Santa Ana
Ordinance No. NS-3033
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